Facts

The Emergency Shelter Coalition filed a petition for writ of mandate against the City of San Clemente, the City Council and the Planning Commission, seeking to vacate the city's emergency shelter ordinance, and compel the city to adopt an ordinance that facilitates the development of emergency shelters.

PETITIONER'S CONTENTIONS:
The Legislature and Governor passed legislation to facilitate the development of emergency shelters, and plaintiff filed this writ petition seeking to compel the city to adopt an ordinance that would implement that legislation. Plaintiff alleged that this legislation required the city to enact an ordinance that would allow for the creation of emergency shelters without the need for conditional use permits or discretionary approvals by the city. Plaintiff also alleged that a shelter operator should be able to, as a matter of right, identify a property suitable for use as a shelter and then purchase or lease that property. Accordingly, plaintiff alleged that the city's ordinance was unlawful because it included only city-owned properties, and the availability of such properties was subject to discretionary approvals by the city.

DEFENDANTS' CONTENTIONS:
The city generally denied the allegations and asserted various affirmative defenses.

Result

The trial court granted plaintiff's writ petition and ordered the city to, inter alia, vacate and set aside the city's emergency shelter ordinance and any actions taken in conformance with it, amend the city's zoning code to establish at least one zone in which emergency shelters will be permitted by right without the need for any discretionary approvals, and to comply with its duty under Government Code Section 65588(e) to adopt and submit an updated housing element.

Other Information

FILING DATE: Dec. 1, 2014.