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City attorney: denial of planned developments is council discretion, liability is case-specific
Summary
Council raised concerns about potential lawsuits if the city denies PDs that seek higher density. The city attorney said there is no automatic right to a PD and denials are generally defensible if an application fails to meet PD criteria; legal exposure depends on circumstances.
Council members asked whether changing maps or denying planned developments would expose the city to lawsuits. The city attorney told the joint meeting the city does not grant a right to a planned development by default and that any deviation from base zoning is at the discretion of Planning & Zoning and council.
"There's no right to a planned development," the city attorney said, explaining that if property is zoned SF1 a developer may build by right under that zoning, and anything that deviates is subject to commission and council review. The attorney said legal advice is fact-specific and he could not give definitive guidance on hypothetical cases, but emphasized that PDs are intended to be a "give and take" where the developer provides special public benefits to justify increased density.
