YIMBY’s previous lawsuit was denied, and they are now appealing. The Marin IJ noted that if the Housing Element were found invalid, applications by the developers of 83 Princess St. and 605 Bridgeway St. could potentially be considered under Builder’s Remedy.
SOS Assessment
The appeal is a desperate move that relies on legal sophistry rather than substance. The State of California has affirmed that Sausalito has continuously maintained a certified Housing Element with no gaps — meaning the two Builder’s Remedy applications are null and void.
It is ironic that YIMBY is now invoking CEQA, because applying it to these projects would result in both being denied. We have ample evidence that each project would:
- Destroy biological resources, including the clear-cutting of [xx] heritage trees and the Princess Grove
- Destroy habitat for special-status and protected species
- Destabilize fragile, landslide-prone hillsides
- Cause specific adverse impacts on historic resources, including four listed properties and the Historic District as a whole
- Place unacceptable stress on roadways and aging infrastructure
What's Next
SOS attorneys will monitor this case and these developers closely and keep you posted with updates and any needed action alerts.
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