Concluding that the Attorney General's Office is likely to win its case against the recalcitrant city, the judge granted both temporary relief and a preliminary injunction while the case moves forward.
The Surf City claimed that its 14th Amendment rights were violated by the RHNA process -- and claimed it could sue because it is a charter city and not a "subdivision of the state". A federal judge disagreed.
Or is one Huntington Beach City Councilmember's attempt to decertify the Beach and Edinger Specific Plan EIR simply a sideways attempt to repeal the plan?
The developer has agreed to withdraw all 14 builder's remedy applications, but would be able to resubmit eight projects for expedited ministerial approval under the city's new rules.
City makes novel arguments like violation of First Amendment and Commerce Clause, but also argues that its charter city rights are violated and the relationship between the RHNA and CEQA puts it in an untenable position.
Both cities claim that their Housing Elements are compliant, even though HCD has not yet approved them. Sonoma also claimed an apartment proposals application was deficient.
Orange County city's attorney is drawing an ordinance to "exempt" it from the builder's remedy. Meanwhile, Santa Monica -- which originally vowed to fight -- is processing builder's remedy projects.
