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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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The result of a ballot measure in which more than two-thirds of Oceanside voters rejected the construction of up to 585 homes in South Morro Hills appears to be jeopardized by a tentative ruling last week in San Diego Superior Court.
If upheld, the ruling would be a victory for Integral Communities, the developer seeking to build the North River Farms project in an agricultural area of northeastern Oceanside. Integral filed the suit in January 2020 alleging that the citizen-led referendum violates state law.
Judge Richard S. Whitney said in his tentative ruling released Friday that the referendum was “preempted” by the California Legislature’s efforts in Government Code section 66300 “to maximize the development of housing within this state.”
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