By Tim Platt
The Contra Costa County Superior Court has ruled that the Martinez City Council’s 2017 vote to change the land-use designation for the former Pine Meadow golf course from 'Open Space' to 'Residential' was illegal. The council based its vote on a claim that the parcel’s open-space designation, dating from 1973, was an “error.”
The council's determination disregarded the recommendations of the city's own Planning Department Report that showed that Pine Meadow was, and should continue to be, designated as open space. Instead, after a two hour presentation by the developer DeNova Homes, the Council voted to accept DeNova’s interpretation (with only Councilmember Lara DeLaney voting NO).
In its February 8th ruling, the Contra Costa County Superior Court dismissed the Council’s arguments, writing that "… no reasonable person could have reached the conclusion the City did in 2017 that ‘the Subject Property has a residential land use designation’…” The decision goes on to state: "... it is an abuse of discretion for a city to do so [undo many years of planning decisions] on facts like those present here."
The Council’s illegal decision to rewrite history enabled the approval of the 92-house DeNova Homes development on the 26-acre Pine Meadow parcel without the possibility of a citizen referendum to stop it. The court’s ruling now effectively rescinds approval of the development. The housing project must be resubmitted with the correct land-use designation of ‘Permanent Open Space/Recreation.’ With that designation, any new development project will be subject voter approval under Measure I, the Martinez Open Space and Park Protection Law that was passed by voters in June 2018. Measure I requires a public vote on any new project on land designated as open space or parkland.
The court also ruled that the City Council violated the California State Supreme Court “Orange Citizens” decision that says corrections such as the Council made to the General Plan are not legal when the public has relied on information that has been clearly stated in the Plan for years. The court additionally ruled that the City Council violated State Elections Code Section 9241 that protects the people’s right of referendum.
The case was brought by the community group Friends of Pine Meadow and local citizen Tim Platt.
If left unchallenged, the Council’s attempt to rewrite history would have set a dangerous precedent for manipulating our government. It is a shame that citizens have to go to such lengths to keep our leaders from taking illegal actions that serve for-profit developers — but we’re glad that justice has been served in this case. We hope this court ruling will encourage citizens everywhere to fight back when their local governments take actions that are not in the public interest.
For more information, including the complete court ruling, go to friendsofpinemeadow.org.
Photo: Pine Meadow, courtesy Friends of Pine Meadow Facebook page.