People for Proper Planning v. City of Palm Springs
Opinion
Lead Opinion
Hollenhorst, J.
*642 Plaintiff and appellant People for Proper Planning (PFPP) appeals from the judgment denying its petition for peremptory writ of mandate and complaint for declaratory and injunctive relief filed against defendants and respondents City of Palm Springs and Palm Springs City Council (herein 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 (Amendment) removing the minimum density requirements for each residential development. The trial court denied PFPP's challenge, and it appeals, contending that the Amendment (1) is not exempt from the requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq. ) because it is not a minor land use alteration; (2) is inconsistent with the General Plan (General Plan), *643 such that it now makes the General Plan internally inconsistent; and (3) violates statutory requirements that the City accommodate its fair share of regional housing needs for all income levels, including low and very low income levels. For the reasons stated herein, we determine the Amendment is not exempted from CEQA…