Ivory v. County of Yuba

No. 054694 (Cal. Super. Ct. Yuba County May 1, 1995) ; Clearinghouse Number: 50786

Description

County Ordered to Plan for Low-Income Residents’ Housing Needs

Abstract

The court has granted plaintiffs’ motion for a writ of mandate and ordered defendant county to plan for affordable housing needs. Plaintiffs, low-income residents of the county, alleged that the housing element of defendant’s general plan did not adequately address affordable housing needs and was out of compliance with the state’s housing element law. Plaintiffs also alleged that a specific plan covering a portion of defendant county was inadequate per se because it was adopted when the general plan was inadequate. Finally, plaintiffs alleged that the specific plan was inconsistent with the adopted housing element because the specific plan did not provide for affordable housing for low-income households, failed to address the special housing needs identified in the housing element law, and did not assure needed infrastructure. The court ordered defendant to amend the general plan’s housing element to include analysis of “at-risk” assisted housing units, analysis of constraints to the development of affordable housing, and a plan to mitigate those constraints, including infrastructure capacity limitations. In addition, the court ordered defendant to repeal a county ordinance specifying mobile home siding and roofing requirements. Finally, the court enjoined defendant from implementing the specific plan until it is amended to be consistent with the amended housing element. In addition, the court awarded plaintiffs over $77,000 in attorney fees and costs.

Additional Information

Attorney Information
Petitioners/Plaintiffs represented by Ilene Jacobs, California Rural Legal Assistance, 818 D St., Marysville, CA 95901, (916) 742-5191; Michael Rawson, Susan Saylor, Richard Pearl.
Docket Date
1995-05-01 00:00:00+00:00