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City Council Faces Legal Threats Over Construction Moratorium

October 13, 2024 | Hemet, Riverside County, California


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City Council Faces Legal Threats Over Construction Moratorium
In a recent emergency council meeting, city officials discussed the ongoing construction of two significant projects that are currently under construction and require additional ministerial permits for off-site road improvements. The council was urged to clarify that a proposed moratorium would not affect these projects, which have already received all necessary discretionary approvals. This recommendation aims to provide certainty to the developers and their lenders.

Legal concerns were raised regarding the moratorium, particularly from attorneys representing projects like the Kirby and Newland Simpson developments. While city officials believe the moratorium is defensible, they acknowledged the potential for litigation if adopted as is. The city received threats of legal action in the days leading up to the meeting, prompting discussions about the legal implications of the moratorium.

The council also considered the scope of the moratorium, which would exempt projects with a total floor area of less than 35,000 square feet. This threshold was set based on environmental impact studies, which indicated that larger projects, particularly those ranging from 500,000 to 1,000,000 square feet, posed more significant concerns. The city's zoning code currently allows projects under 400,000 square feet to proceed without public hearings unless they require amendments to the general plan or zoning.

As the meeting progressed, officials prepared to open the floor for public comments, allowing community members to voice their opinions on the proposed moratorium and its implications for ongoing and future developments.

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