Hoffmaster

Hoffmaster v. City of San Diego

Good Law
1997 Cal. App. LEXIS 479·55 Cal. App. 2d 1098·55 Cal. App. 4th 1098·64 Cal. Rptr. 2d 684·97 Daily Journal DAR 7586
Court of Appeal of CaliforniaJune 17, 1997D025961California7,848 words

Opinion

Opinion

Work, J.

The sole issue presented by this appeal is whether the housing element in the City of San Diego’s (City) general plan substantially complies with Government Code section 65583, subdivision (c)(1). This provision requires City to identify adequate sites it will make available as part of a plan designed to facilitate and encourage development of homeless emergency shelters and transitional housing. We conclude City’s amended housing element, which contains blanket developmental and separation restrictions on the siting of residential care facilities anywhere within City, does not substantially comply with the legislative mandate to identify sites which its action program will make available to satisfy City’s quantified objectives for the homeless. Accordingly, we affirm the judgment with directions the trial court stay for 60 days its order that City approve all conditional use permit (CUP) applications for emergency shelters and transitional housing until it has complied with section 65583, subdivision (c)(1), to permit City to comply with the legislative mandate as interpreted by this court.

Factual and Procedural Background

On November 18, 1994, Kevin Hoffmaster and…

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