Shorecliffs Update
The Orange Country Register reports that a preliminary injunction was granted by Orange County Superior Court Judge Glass, which extends an injunction banning second-story construction in the Shorecliffs neighborhood of San Clemente. The City Council of San Clemente adopted an ordinance banning second-story construction in Shorecliffs, despite the fact that second stories were consistent with existing zoning and many residents had purchased their property with the expectation that they could add a second story.
San Clemente Residents for Responisble Government, a group of Shorecliffs residents supporting the right to build second stories, obtained enough petition signatures to put the issue to a referendum, which should automatically suspend the ordinance banning the construction. The lawsuit, filed by a group of one story proponents, apparently does not challenge the validity of the signatures, but rather raises a technical challenge regarding the manner in which signatures were gathered. I understand from parties involved in the lawsuit that the practices used for gathering the signatures are used commonly throughout the state and the results of this litigation may have substantial implications for future referendums.