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Sonoma County Hous. Advocacy Group v. City of Santa Rosa
No. SCV 2311237 (Cal. Super. Ct. Sonoma County filed, Feb. 13, 2003) ; Clearinghouse Number: 55134
Description
California City Agrees to Revise Its Housing Element to Comply with State Planning and Zoning Law
Abstract
Respondent-defendant City of Santa Rosa, California, agreed to
adopt a revised housing element that substantially complies with
applicable state law. California’s planning and zoning law
requires all cities and counties to adopt a comprehensive,
long-term general plan, including a “housing element,”
for physical development of land within the governmental
entity’s jurisdiction. The California Department of Housing
and Community Development determined that city’s housing
element did not comply with state law. In their suit against city
and its officials, petitioner-plaintiffs—a housing advocacy
group and various individuals—alleged that city failed to
adopt a housing element with adequate sites for lower-income
housing, failed to designate and zone vacant land at sufficient
densities and with appropriate development standards, and did not
remove constraints to development. They also alleged that
city’s failure to accommodate low- and very low-income
housing development discriminated, in violation of state law,
against low- and very low-income persons, racial and ethnic
minorities, families with children, disabled persons, and
female-headed households. Under the settlement terms, city’s
revised housing element specifically identifies suitable sites with
appropriate zoning and infrastructure to permit the development of
housing affordable to low- and very low-income households in
numbers sufficient to meet or exceed city’s regional share of
need for such housing during the current planning period. City
agreed to complete any necessary rezoning for these sites within
2003, as long as projects that may proceed as a matter of right
were limited to those with at least 25 percent of the units
guaranteed as affordable to low- and very low-income families for
at least thirty years. City also agreed to pay $28,000 in attorney
fees.
