Bankers Hill 150 v. City of San Diego
Annotate this CaseBankers Hill 150 and Bankers Hill/Park West Community Association (collectively, the Association) appealed after a trial court denied their petition for writ of mandate challenging a decision by the City of San Diego (City) to approve a development application for the 6th & Olive Project (the Project), a 20-story mixed-use building with a total of 204 dwelling units in the Bankers Hill neighborhood near downtown San Diego. Generally, the Association believed the Project was inconsistent with the neighborhood because it is too dense, too tall, and too close to the street. The Association contends the City abused its discretion in approving the Project because it was inconsistent with development standards and policies set forth in the City’s General Plan and the Uptown Community Plan, which governed development in the Project’s neighborhood. The Court of Appeal found the Project qualified for the benefits of the Density Bonus Law, and the evidence did not support any of the limited exceptions to its application. Because the City was obligated to waive those standards if they conflicted with the Project’s design, the Association’s claim that the Project conflicted with certain development standards did not establish a basis for denying the Project. Regardless, the Court concluded the City did not abuse its discretion in finding the Project to be consistent with the City’s land use plans.
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