Confederacion De La Raza Unida v. City of Morgan Hill

OPINION AND ORDER

The City of Morgan Hill, California has adopted a zoning ordinance, generally referred to as the “Hillside Ordinance”, the effect of which is to regulate and restrict housing density in certain hilly and mountainous areas of the City. The stated purpose of the ordinance, which is not disputed by plaintiffs, is to “facilitate [the] orderly afid; creative development” of such areas and; “to preserve and enhance the natural, amenities which form the environment'of the City of Morgan Hill” and the “integral part” which such areas play in', “the City’s pride”. It is not alleged asserted that the ordinance was adopted' for any purpose other than those stated therein or that it was directed against any racial, ethnic or income group.

In addition to the limitation of housing density, the ordinance provides for the underground placement of utilities and the suitable planting of manufactured slopes, requires that due regard be had for geological instability of hillside\ construction and regulates other matters! peculiar to the physical and esthetic,/ character of the areas subject to the or-| dinance.

Plaintiffs, alleging themselves to be a group of persons of Mexican…