24 - Laserfiche WebLink

the City failed to carry out a mandatory duty, under Program 19.1 of the 2003 Housing Element and under the Least Cost Zoning Law, to rezone sufficient properties to high density residential (e.g., 30 units /acre) in order to accommodate the remaining housing units required for the Third Planning Period. Although in October 2009, the City Council rezoned properties in the Hacienda Business Park to meet this obligation, the Court agreed with Urban Habitat that this rezoning was "illusory," and did not satisfy Program 19.1 or State law because it did not actually allow development to occur until after completion of the Hacienda PUD amendment process that is anticipated to last at least one year. The Court's order invalidates the Cap in its entirety. It also directs the City to: "cease and desist" from enforcing, administering and /or implementing the Cap. remove references to the Cap from its General Plan. affect sufficient, "non- illusory" rezonings to accommodate the "unmet" RHNA (521 units) for the Third Planning Period. cease issuing any non residential building and all related permits for construction or development until it brings its General Plan into compliance. To fully inform the public of the Court decision, and solicit complete public involvement, the City Council held public meetings on April 6 and 20 during which potential responses to the Court ruling were discussed (The agenda reports for those meetings are included as Attachment 3). While a range of comments were presented to the Council, many members of the public expressed an interest in resolving all legal matters as expeditiously as possible. In addition, many members of the public stated their concern over continued legal appeals /challenges and the expenses stemming from continuing this legal dispute. In response, and in view of information provided by staff and legal counsel, the City Council decided to pursue a settlement of the entire lawsuit and related second lawsuit and through it discussions, five general goals were identified upon which settlement options were evaluated. The five goals are as follows: Retain local control and flexibility to the maximum extent possible relative to the Hacienda rezonings and development process, including retention of a meaningful role for the Hacienda Task Force and public input; Restore City's non residential permitting authority as quickly as possible; Retain control over the City Housing Element update process to assure it reflects both State law and the interests of the community; Reach a global settlement that addresses the Court's entire March 12, 2010 ruling as well as other outstanding litigation; Minimize financial impacts of the litigation. To facilitate the negotiations, the City Council appointed Mayor Hosterman and Councilmember McGovern to serve on a negotiating team, including the City Manager, Page 3 of 9