Friends of Aviara v. City of Carlsbad

In this land use planning case respondent City of Carlsbad (the city) was required by Government Code 1 section 65588 to revise the housing element of its general plan and in particular to adopt provisions which fulfill the city’s obligation to provide low-cost housing in the region. As required by the Government Code, the city adopted a revised housing element which identified an inventory of parcels which would be suitable for low-cost housing and a number of limitations in the land use element of the general plan which the city would change in order to permit the identified parcels to be developed as low-cost housing. The trial court determined that the revised housing element could make such proposed changes in the land use element, so long as the city adopted a timeline for making the changes.

Appellant Friends of Aviara (Aviara) is a nonprofit corporation composed of residents concerned about protecting the area near the Batiquitos Lagoon, which is located in the city. Aviara argues that even with a timeline for the changes, the proposed changes create an unlawful inconsistency between the housing and land use elements of the general plan.

We affirm. The…