Slow-Growth Advocates Win in Court
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Santa Paula’s slow-growth advocates won a legal victory this week when a state appellate court affirmed their effort to put an initiative on the ballot forcing all large development projects to first receive voter approval.
Three judges of the 2nd District Court of Appeal issued a ruling Tuesday that Citizens Advocating Responsible Expansion, or We CARE-Santa Paula, properly gathered signatures to get its measure on a ballot. The initiative would require all proposed projects of 81 acres or larger within the city’s sphere of influence to be put to a public vote.
The Santa Paula City Council will discuss at its Monday meeting whether to oppose the procedure or place the measure on the November ballot.
“It’s nice to have a community organization wanting to vote on issues important to that community vindicated,” said Richard Francis, the lawyer who represented We CARE in court.
In May 2005, Santa Paula’s city clerk ruled that there were sufficient valid signatures to place the measure on the ballot. But she then rejected the measure, saying it violated state law by not clearly explaining how the city’s General Plan could be affected.
City Manager Wally Bobkiewicz said the City Council will discuss its response to the court ruling at its meeting Monday. If the council decides not to appeal the ruling to the state Supreme Court, it could wait until its first meeting in July to place the measure on the November ballot.
Bobkiewicz said the proposed measure, originally designed to oppose building 2,155 homes in Fagan Canyon, would affect few other projects.
Other proposals large enough to be affected by the measure include a proposal to build nearly 500 mansions northwest of town in Adams Canyon, which was narrowly rejected during an April special election, and plans by citrus grower Limoneira Co. to build about 1,500 homes on 500 acres it owns east of town.
Because both projects are outside city limits, each already requires voter approval under other local control measures.
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