The multi-decade effort to preserve these rich habitats in Santee was bolstered by two wins in court.

The 2,600-acre property is beautiful complex of coastal sage scrub – occupied by the threatened California gnatcatcher – as well as chaparral and riparian habitat. The proposed 3,000 mostly high-end homes would irretrievably fragment the site. Due to a citizen initiative, the project, as an amendment to the general plan, must be approved by the voters in addition to the City Council.

Preserve Wild Santee, EHL, and its allies received the favorable verdicts of two court cases within the same week in June. An appellate court upheld the trial court’s decision in “Fanita IV” that struck down the City’s attempt to circumvent the ballot measure using an “urgency” ordinance without the necessary changes to the general plan. 

After the City re-approved the “Fanita V” project – this time using a state law that allows density increases without a general plan amendment in exchange for affordable units – we went to court again. The trial court disallowed this attempt, holding that the project was not eligible to access the state law. We anticipate that there will be yet a further attempt to circumvent the will of the public. Unfortunately, the landowner is not a willing seller at fair market value.

The plaintiffs were represented by the Center for Biological Diversity.