149 Fourth St, Sonoma

In late 2016, a homebuilder began the arduous journey to construct three homes on vacant lots in Sonoma. Each HAA-compliant project was submitted separately, though the City of Sonoma processed all three as a group. This included producing three CEQA reports, which each included special attention to the other projects in the group; the City of Sonoma performed one overarching CEQA study in three comprehensively similar stages as if all three projects were one submission.

When the projects finally had their hearings at the Planning Commission, the city recognized that the CEQA studies showed no impact and adopted the reports as such. The study included an analysis of each project individually and with all three projects as a group. Opponents appealed and at the project’s final City Council hearing, the City Council of Sonoma upheld the appeal. They claimed that all three projects should have been submitted and reviewed as one three-home project and as such the CEQA studies were inadequate, resulting in a final denial of all three projects. Not content to stop at CEQA, the City Council made further findings that the projects–despite the Planning Commission’s previous statements to the contrary–did not adhere to subjective standards of aesthetics.

The City of Sonoma knew that they couldn’t deny these projects for subjective reasons without running afoul of the Housing Accountability Act. Their strategy was to deny the permits by simply arguing that the studies should not have been broken up in the first place. A clear attempt to run around the Housing Accountability Act by using the false flag of environmental concern.

Timeline

  • August 15, 2016 – Jasper applied to build two homes on 149 Fourth St and Brazil St, Lot 228
  • March 9, 2017 – Sonoma Planning Commission recommends a CEQA study for the two homes, despite being categorically exempt from CEQA
  • April 14, 2017 – Jasper applies a third application to build a home on Lot 227 along Brazil St
  • July 20, 2017 – Sonoma City begins processing all three applications together, resulting in three CEQA studies finding each project will have no significant impact and prepared a Mitigated Negative Declaration
  • August 10, 2017 – Sonoma Planning Commission adopts the unnecessary Mitigated Negative Declaration for Lot 228 and 149 Fourth St.
  • August 24, 2017 – Opponents appeal the projects approved 14 days earlier.
  • September 14, 2017 – Sonoma Planning Commission also finds Lot 227 to have no impact.
  • September 29, 2017 – Opponents file an appeal against the final parcel, Lot 227.
  • March 1, 2018 – Sonoma City Council hears the appeals, continues them to April 9
  • April 9, 2018 – Sonoma City Council granted the appeals and denied the applications based on specious findings.

Press

Status: Litigation in progress

Filings and Letters

DateKindAuthorTitleSummary
July 10, 2018PetitionCaRLAPetition for Writ of Administrative Mandate

Our original petition

2018-07-10 13:03:45

Last modified 2018-07-10 01:09