Cities and counties may not deny a proposed housing development without sufficient evidence in the record that the project as proposed will have a specific, adverse impact upon public health and safety, if the proposed project otherwise complies with applicable, objective general plan, zoning and design review standards, a California appellate court has held.
In Honchariw v. County of Stanislaus, 11 C.D.O.S. 13881, a real estate developer proposed to divide 33.7 acres into eight parcels for a housing development. The Stanislaus County Board of Supervisors voted to reject the project and did not make any findings that the project would harm public health and safety. The developer brought an action to compel the county’s compliance with Government Code §65589.5, California’s Housing Accountability Act. The Fifth District Court of Appeal, in a unanimous decision, held that the act applies to both market rate and affordable housing.
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