Appellate court ruling in L.A. County case could set precedent requiring cities to accept housing projects
A lifeguard truck is seen on Nov. 4, 2022, along Del Mar beach, north of San Diego, after a 50-year-old woman was bitten by a shark in the water prompting a beach closure of at least 48 hours in the area, city lifeguard officials said on Friday, Nov. 4, 2022. A California swimmer says she saw a shark attack her after it rammed her out of the water off the coast of the town of Del Mar last week.
In essence, the law allows projects that include a certain amount of units set aside for lower-income residents to be built regardless of objections from local officials if the development was proposed when the jurisdiction did not have a certified, state-mandated housing plan.That was the case in Del Mar, La Cañada Flintridge and other cities where developers citing the builder’s remedy law sued over rejection of their projects.
In La Cañada Flintridge, developers sought to build a five-story building that includes 80 mixed-income units, but were rejected by the city. In March, a state judge ruled the city violated the law in denying the application for the affordable-housing project last year. “La Cañada Flintridge is the latest community that has failed in their effort to override state housing laws,” Newsom said in a statement in March. “Today’s favorable ruling should serve as a warning to other NIMBY jurisdictions that the state will hold every community accountable in planning for their fair share of housing.”
So far, developers appear to be getting the upper hand. In three Los Angeles County cases, judges sided with the builders in two,
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