Pollak, Vida & Barer

In The Kennedy Commission v. City of Huntington Beach, published October 31, 2017, the Fourth District Court of Appeal, Division 2 reversed a trial court writ striking down the respondent city's amendment to its specific housing plan as void ab initio because it was inconsistent with the city's general plan.  Government Code section 65454, which requires that a specific plan be consistent with a city's general plan, does not apply to a charter city unless the city adopts a consistency requirement by charter or ordinance.  The court analyzed the city's charter and ordinances and determined that it had not adopted a consistency provision under the statutes.