A recent ruling in San Diego could have a statewide impact on housing development.
On May 6, Judge Richard S. Whitney ruled that the Housing Crisis Act of 2019 invalidates the November 3 citizen's ballot initiative that overturned the Oceanside City Council's 2019 approval of a 585-home North River Farms project, reports the San Diego Union-Tribune.
If the judge's decision is not appealed and the developer is able to overcome other litigation, the housing project could move forward.
“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.
But many say the process imperils California's efforts on fixing the housing crisis.
The Oceanside ruling is "great news" for the state according to Jeff O'Connor, vice president of HomeFed.
"The judge understands that California has a huge housing shortage, which is contributing to the acute homeless problem in our state," O'Connor told the Union-Tribune.
The city has 60 days to decide if it will appeal Judge Whitney's ruling.
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