HomeMy WebLinkAboutCorrespondence - Item 12Flores, Dora
From: Nick Eckenwiler <nick@calhdf.org>
Sent: Tuesday, July 15, 2025 3:46 PM
To: eComment
Cc: Carvalho, Sonia R.; !City Clerk; Planning; Nunez, Alvaro
Subject: Public Comment on Agenda Item 12 at Tonight's Council Meeting
Attachments: Santa Ana- 2130 E 4th Street- HAA Letter.pdf
Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Good afternoon,
Please see attached for the California Housing Defense Fund's comment on agenda item 12 at tonight's meeting
of the City Council, consideration of Density Bonus Agreement No. 202503 to Facilitate the Construction of a
Fifteen -Unit Multi -Family Residential Development, Including Three Units Proposed as Affordable to Very
Low -Income Households.
Sincerely,
Nicholas Eckenwiler
Staff Attorney
WDF
I L UDF
Jul 15, 2025
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Proposed Housing Development Project at 2130 E 4th Street
To: eComment(asanta-ana.org
CC: scarvalho(asanta-ana.org,; cityclerkasanta-ana.org; Planning(asanta-ana.org;
ANunez(casanta-ana.org
Dear Santa Ana City Council,
The California Housing Defense Fund ("Ca1HDF") submits this letter to remind the City of its
obligation to abide by all relevant state laws when evaluating the proposed 15-unit housing
development project at 2130 E 4th Street, which includes 3 very low-income units. These
laws include the Housing Accountability Act ("HAA'), the Density Bonus Law ("DBL"), AB 130
and California Environmental Quality Act ("CEQA') guidelines.
The HAA provides the project legal protections. It requires approval of zoning and general
plan compliant housing development projects unless findings can be made regarding
specific, objective, written health and safety hazards. (Gov. Code, § 65589.5, subds. (d), (j).) The
HAA also bars cities from imposing conditions on the approval of such projects that would
render the project infeasible (id. at subd. (d)) or reduce the project's density (id. at subd. (j))
unless, again, such written findings are made. As a development with at least two-thirds of
its area devoted to residential uses, the project falls within the HAA's ambit, and it complies
with local zoning code and the City's general plan. Increased density, concessions, and
waivers that a project is entitled to under the DBL (Gov. Code, § 65915) do not render the
project noncompliant with the zoning code or general plan, for purposes of the HAA (Gov.
Code, § 65589.5, subd. (j)(3)). The HAA's protections therefore apply, and the City may not
reject the project except based on health and safety standards, as outlined above.
Furthermore, if the City rejects the project or impairs its feasibility, it must conduct "a
thorough analysis of the economic, social, and environmental effects of the action" (Id. at
subd. (b).)
2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
Ca1HD1F also writes to emphasize that the DBL offers the proposed development certain
protections. The City must respect these protections. In addition to granting the increase in
residential units allowed by the DBL, the City must not deny the project the proposed waivers
and concessions with respect to publicly accessible open space, common open space,
private open space, and parking spaces. If the City wishes to deny requested waivers,
Government Code section 65915, subdivision (e)(1) requires findings 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. If the City wishes to
deny requested concessions, Government Code section 65915, subdivision (d)(1) requires
findings 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).) 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 u
City of San Diego (2022) 74 Cal.App.5th 755, 775.)
Furthermore, the project is exempt from state environmental review pursuant to section
15168 (program EIR) of the CEQA Guidelines. The project is also eligible for a statutory
exemption from CEQA pursuant to AB 130 (Pub. Res. Code, § 21080.66), which was signed
into law on June 30, 2025 and effective immediately (Assembly Bill No. 130,2025-2026
Regular Session, Sec. 74, available 1 ,). 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. a County of San Diego (2024) 99 Cal.App.5th 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: by providing affordable housing, it
will mitigate the state's homelessness crisis; it will increase the city's tax base; it will bring
new customers to local businesses; and it will reduce displacement of existing residents by
reducing competition for existing housing. It will also help cut down on
transportation -related greenhouse gas emissions by providing housing in denser, more
urban areas, as opposed to farther -flung regions in the state (and out of state). While no one
project will solve the statewide housing crisis, the proposed development is a step in the
right direction. Ca1HD1F urges the City to approve it, consistent with its obligations under
state law.
Ca1HD1F 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 Ca1HD1F at www.calhdf.org.
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Dylan Casey
Ca1HDF Executive Director
James M. Lloyd
Ca1HDF Director of Planning and Investigations
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