Lafayette – 3233 Deer Hill Road
In 2011, 315 apartments were proposed at 3233 Deer Hill Road. Given the public’s dissatisfaction with the application… Given that the Circulation Commission and Design Review Commission have both indicated that they cannot support the project and have requested a significantly scaled-down alternative… Given that the Developer has indicated that, if the project is denied, it will file a lawsuit against the City… And given the risks to the City presented by that potential lawsuit, and particularly those associated with California’s Housing Accountability Act, which limits the ability of cities to deny an affordable housing development proposals unless that proposal is inconsistent with both the General Plan land use designation and zoning ordinance that existed at the time the application was deemed complete… About four weeks ago the City Council directed staff to participate in conversations with the developer to determine if there was an alternative plan that would be acceptable to all parties — the developer, community members, and the city. Before you tonight is an introduction of such an alternative: September 12th, 2015 The City of Lafayette approved 44 Single Family Homes, costing at least $1.2 million each. Section 65589.5(j) of the Housing Accountability Act states that when a proposed […]
San Mateo – 4 W. Santa Inez
In 2017, a modest housing project was proposed for 4 West Santa Inez Avenue in the city of San Mateo that would add 10 units to the Bay Area’s already scarce housing supply. On February 5, 2018, San Mateo City Council voted to deny the development, despite the fact that had been found compliant with all zoning and general plan standards by both staff and the Planning Commission. In their search for a reason to justify their denial, the City Council turned to San Mateo’s Multi-family Design Guidelines. These guidelines included a “design objective” to: Avoid changes in building height greater than one story from adjacent structures. If changes are greater, stepback upper floors to ease the transition. The City Council denied the project by concluding that it failed to comply with this standard, contrary to the conclusions of its own staff and Planning Commission. The HAA puts limits on cities’ powers to deny projects that comply with all “applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards . . . .” The HAA does not allow for projects to be disapproved based on non-compliance with non-objective standards. Cities can condition approvals to ensure compliance, […]
Sausalito – 448 Sausalito Blvd
How it ended The main purpose of the HAA is to prevent cities from denying housing where it is allowed under the city’s own rules. It may seem obvious that if housing is “allowed” to be developed on a property, cities should not deny it. Unfortunately California cities routinely deny housing in these circumstances for no good reason. In Sausalito, the City Council denied a single-family home development simply because it was “out of scale” with the surrounding community of other single-family homes. CaRLA sued Sausalito under the HAA to make sure they follow their own rules on housing. Realizing that they had little or no legal case, the city settled and agreed to rehear the project, and they approved it on rehearing.
Letter to Lafayette City Council opposing the approval of 44 single family homes
This is the beginning of the lawsuit. It’s a letter from the petitioners, in this case Sonja Trauss & the SF Bay Area Renters Federation, to a superior court judge saying that the respondent, in this case the City of Lafayette, has broken state law and asking the judge to undo what the city has done.
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Categories
CEQA
- Opposition to Depublication: McCorkle Eastside Neighborhood Group v. City of St. Helena
- Respondents’ Opposition Brief
- PETITIONERS’ OPPOSITION TO RESPONDENTS’ DEMURRER TO PETITION FOR WRIT OF ADMINISTRATIVE MANDATE
- Request for Judicial Notice in Support of Petitioner’s Opposition Brief
- Respondents’ … Notice of Demurrer Hearing and of Demurrer to Verified Petition
- Respondents’ … Request for Judicial Notice in Support of the Demurrer
- Respondents City of Sonoma & Sonoma City Council Memo in Support of Demurrer
- Meet & Confer Declaration in Support of Demurrer to Verified Petition for Writ of Administrative Mandate
- Sonoma – 149 Fourth St
Housing Accountability Act
- La Cañada Flintridge Signed Judgement
- NOTICE OF MOTION AND MOTION TO ISSUE WRIT OF MANDATE
- Application to file amicus curiae brief and brief of amicus league of california cities
- [PROPOSED] AMICUS CURIAE BRIEF OF THE CALIFORNIA STATE ASSOCIATION OF COUNTIES IN SUPPORT OF RESPONDENTS CITY OF SAN MATEO, ET AL
- Motion for Judicial Notice
- Application for permission to file amici curiae brief in support of appellants; amici curiae brief of building industry association-bay area, et al
- APPLICATION OF HABITAT FOR HUMANITY GREATER SAN FRANCISCO, INC. FOR LEAVE TO FILE A BRIEF, AS AMICUS CURIAE, IN SUPPORT OF APPELLANTS AND PROPOSED BRIEF
- Amici Curiae Brief of Law Professors
- Intervenor’s Reply Brief
- AG’s Motion for Judicial Notice