“I’m a little surprised by this decision,”
Chris Elmendorf, a law professor at the University of California, Davis told the
Union-Tribune. “If this is upheld, it does knock out that use of the referendum. That would be a huge development.”
Other states like Oregon prohibit the use of referendums to overturn approval of development projects because they believe the approval of a housing project is an administrative decision and not a legislative one.
But California has increased its use of the referendum process in recent years. Multiple housing development projects have been overturned in countywide referendums.
The Oceanside ruling is great news for the state according to
California May Eliminate Citizens Right To Vote On Land Development Plans
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SAN DIEGO âA San Diego Superior Court ruling that invalidates an Oceanside referendum could boost efforts to meet a statewide housing shortage, but it also may imperil the increasing use of citizen ballot initiatives to stop development projects.
Judge Richard S. Whitney based his decision on Government Code 66300, also known as the Housing Crisis Act of 2019, which was written to âmaximize the development of housingâ as California works to solve its problems with rapidly rising rents, homelessness and real estate costs.
Whitney said the act invalidates the Nov. 3 citizenâs ballot initiative that overturned the Oceanside City Councilâs 2019 approval of the 585-home North River Farms project by a 2-1 margin. If the decision is not appealed and the developer overcomes other litigation, the project could proceed.
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A San Diego Superior Court ruling that invalidates an Oceanside referendum could boost efforts to meet a statewide housing shortage, but it also may imperil the increasing use of citizen ballot initiatives to stop development projects.
Judge Richard S. Whitney based his decision on Government Code 66300, also known as the Housing Crisis Act of 2019, which was written to “maximize the development of housing” as California works to solve its problems with rapidly rising rents, homelessness and real estate costs.
For the record:
10:41 AM, May. 18, 2021An earlier version of this story incorrectly described the group Preserve Wild Santee. It is an environmentally based political action committee.
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A Superior Court Judge has ruled that Oceanside’s Nov. 3 referendum on the North River Farms project proposed for South Morro Hills is invalid and that the 585-home Integral Communities development can proceed “assuming other pending litigation does not prevent it.”
The Legislature clearly intended to preempt referendums designed to restrict “development of housing within this state” under Government Code 66300, which was passed in 2019 to address the state housing shortage, said Judge Richard S. Whitney in the final ruling Thursday afternoon.
Oceanside City Attorney John Mullen said Friday the city has not decided whether it will appeal the case. The developer also faces an unrelated lawsuit filed by the local nonprofit Preserve Calavera, which challenges the environmental impact report approved for the project.
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