Gallaher v. City of Santa Rosa

A developer who unsuccessfully challenged the City of Santa Rosa’s adoption of a “Reach Code” appealed the denial of his petition/complaint in the California Court of Appeal. The Reach Code requires new low-rise residential construction to provide a permanent electricity supply for space heating, water heating, cooking, and clothes drying, and bans plumbing for natural gas. A California trial court rejected the plaintiff’s claims that the City’s adoption of the Reach Code violated the California Environmental Quality Act and laws governing reach codes.

In a developer’s lawsuit challenging the City of Santa Rosa’s natural gas ban, the court issued a tentative ruling that would deny the developer’s request that the court order the City to set aside its adoption of the reach code. The court <a href="https://www.pressdemocrat.com/article/news/judge-favors-santa-rosas-defense-to-developers-lawsuit-over-citys-natura/">reportedly</a> was not persuaded by the developer’s argument that the City did not account for “unusual circumstances” such as wildfires and electric power blackouts that could cause significant impacts under an all-electric code.

It was <a href="https://www.pressdemocrat.com/news/10587634-181/developer-bill-gallaher-sues-santa?sba=AAS">reported</a> in January that a developer had filed a lawsuit in California Superior Court challenging the City of Santa Rosa’s law requiring appliances in new homes of three stories or less to use electricity rather than natural gas. The law reportedly alleged that the City failed to comply with CEQA in enacting the ban, which must also be approved by state regulators. The developer previously filed a lawsuit challenging a natural gas ban in the Town of Windsor.