Correspondence - Item 24 - Laserfiche WebLink

Home Browse Search

and concessions with respect to open space,unless it makes written findings as required by Government Code,section 65915,subdivision(e)(1)that the waivers would have a specific, adverse impact upon health or safety,and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact,or as required by Government Code,section 65915,subdivision(d)(1)that the concessions would not result in identifiable and actual cost reductions,that the concessions would have a specific,adverse impact on public health or safety,or that the concessions are contrary to state or federal law.The City,if it makes any such findings,bears the burden of proof.(Gov.Code, § 65915,subd.(d)(4).) Of note,the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions.(Id. at subd.(p).)Additionally,the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL,the City"may not apply any development standard that would physically preclude construction of that project as designed,even if the building includes'amenities'beyond the bare minimum of building components"(Bankers Hill 150 v City of San Diego(2022)74 Cal.App.Sth 755,775.) Finally,the project is exempt from state environmental review pursuant to Section 15168 (Program EIR).And recent caselaw from the California Court of Appeal affirms that local governments err,and may be sued,when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group,Inc. v County of San Diego(2024)99 Cal.App.Sth 890,911.) As you are well aware, California remains in the throes of a statewide crisis-level housing shortage.New housing such as this is a public benefit:it will provide badly needed affordable housing; it will bring new customers to local businesses;it will expand the city's tax base; and it will reduce displacement of existing residents by reducing competition for existing housing.CalHDF therefore strongly urges the City to approve the project as proposed, consistent with its obligations under state law. CalHDF is a 501(c)(3)non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels,including low-income households.You may learn more about CalHDF at www.calhdf.or2. Sincerely, Dylan Casey CalHDF Executive Director 2of3