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Attachment 3 <br /> Court Of Appeal Applies Traditional Deferential Standard <br /> Of Review To Questions Of General Plan And Consistency <br /> Determinations Including Requirements Enacted By The <br /> Local Voters <br /> Posted on November 18, 2014 by Abbott & Kindermann <br /> • Print <br /> • Share Link <br /> By William W. Abbott <br /> San Francisco Tomorrow v. City and County of San Francisco (2014) 229 <br /> ® Cal.App.4th 498 <br /> Are general plan policies adopted by the citizens through an initiative, <br /> entitled to special consideration for purposes of determining consistency of <br /> projects with the general plan? Faced with that question in the context of <br /> planning policies adopted nearly 30 years ago in San Francisco, the Court of <br /> Appeal, First Appellate District, declined to elevate the legal significance of <br /> citizen crafted measures as compared to other regulatory requirements <br /> adopted through traditional means. Approximately 30 years ago, the voters <br /> in San Francisco adopted new land use requirements. Jumping ahead three <br /> decades, the court of appeal had to resolve whether a major private <br /> redevelopment undertaking was consistent with the relevant city regulations <br /> and policies, including those adopted by the voters. <br /> The development project in controversy involves an existing development <br /> known as Parkmerced, 3000+ residential units located on 152 acres in San <br /> Francisco. Originally built in the 1940s, the owner proposed to demolish and <br /> replace a number of existing units over a 20-30 year period, as well as <br /> adding over 5000 more dwelling units. The proposal included additional <br /> http://blog.aklandlaw.com/2014/11/articles/ceqa/court-of appeal-... 2/22/2015 <br />