Preserve Wild Santee v. City of Santee CA4/1

── Preserve Wild Santee v. City of Santee CA4/1 ── Court: California Court of Appeal Date: June 04, 2026 Category: General Filed 6/4/26 Preserve Wild Santee v. City of Santee CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA PRESERVE WILD SANTEE et al., D085121 Plaintiffs and Respondents, v. (Super. Ct. No. 37-2022- 00041478-CU-MC-CTL) CITY OF SANTEE et al., Defendant. HOMEFED FANITA RANCHO, LLC, Appellant. APPEAL from a judgment of the Superior Court of San Diego County, Katherine A. Bacal, Judge. Affirmed in part, reversed in part. Allen Matkins Leck Gamble; Mallory & Natsis, Jeffree A. Chine and Heather S. Riley, for Appellant. Center for Biological Diversity, John Buse and Peter J. Broderick, for Plaintiffs and Respondents. No appearance for Defendant.  INTRODUCTION The General Plan for the City of Santee (City) imposed a maximum residential capacity for development of land known as Fanita Ranch at approximately 1,395 units. This is how the City had for years interpreted the effect of lot size restrictions in the General Plan. In 2017, HomeFed Fanita Rancho, LLC (HomeFed) proposed a multiuse development of Fanita Ranch with an increased density of up to 3,008-housing units. The proposed project was identified as inconsistent with the General Plan’s lot size restrictions, by both the City and HomeFed in its application materials. In 2020, the City approved the proposed project by adopting an amendment to the General Plan to specifically allow the increased housing density. The General Plan amendment did not take effect, however, because Santee citizens immediately challenged it by filing a petition for a referendum. Santee citizens also adopted a ballot initiative, Measure N, at the November 2020 election, which now requires voter approval for development that would increase residential density or intensity over what the General Plan allows in Santee. In 2021, the City adopted an urgency ordinance to create a new program called the “Essential Housing Program.” Under the program, a development project that is “certified” by City staff as an “Essential Housing Project” is “deemed ‘compliant’ ” with the General Plan, with no public hearing and no appeal of the staff’s decision to certify a project. 2  A few months later, HomeFed obtained certification of its Fanita Ranch project as an Essential Housing Project and, in 2022, reapplied for City approval of development at the site. The “new” project was virtually identical to the previous project, which along with its corresponding General Plan amendment had been set aside pursuant to court order following unrelated CEQA (California Environmental Quality Act) litigation. Importantly, the new project retained the same footprint with 3,008-housing units. The City approved HomeFed’s project, this time asserting the project was consistent with the General Plan pursuant to the urgency ordinance it had adopted. Preserve Wild Santee, Center for Biological Diversity, Endangered Habitats League, and California Chaparral Institute (together, Petitioners) sued. They filed a petition for writ of mandate against the City and HomeFed as real party in interest, contending the City’s latest approval of HomeFed’s project violated the State Planning and Zoning Law, the