People for Proper Planning v. City of Palm Springs
Annotate this CasePlaintiff-appellant People for Proper Planning (PFPP) appealed the denial of its petition for peremptory writ of mandate and complaint for declaratory and injunctive relief filed against defendants-respondents City of Palm Springs and Palm Springs City Council (collectively referred to as City). In its petition, PFPP challenged the City’s adoption of Resolution No. 23415, which approved an Amendment to the City’s General Plan removing the minimum density requirements for each residential development. The trial court denied PFPP’s challenge, contending that the Amendment: (1) was not exempt from the requirements of the California Environmental Quality Act (CEQA) because it was not a minor land use alteration; (2) was inconsistent with the General Plan such that it now makes the General Plan internally inconsistent; and (3) violated statutory requirements that the City accommodate its fair share of regional housing needs for all income levels, including low and very low income levels. The Court of Appeal determined the Amendment was not exempted from CEQA requirements, and thus, reversed the judgment. In light of this determination, the Court did not address the other issues raised by PFPP.
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