1825 STRAND WAY
CORONADO, CA 92118
WWW.CORONADO.CA.US
Office of the Mayor
(619) 522-7320
FAX (619) 522-2407
September 16, 2024
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Suite 9000
Sacramento, CA 95814
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance – Letter of Opposition
Dear Governor Newsom:
The City of Coronado regretfully must oppose measure AB 1886 (Alvarez) because it turns its back to a fundamental provision of housing element law allowing cities to “self-certify” their housing element or take the issue to court and have a judge make the final determination of substantial compliance.
A city may currently disagree with the Department of Housing and Community Development (HCD), explain why its housing element is in substantial compliance with the law, and then adopt a housing element which is thereafter considered “in substantial compliance with housing element law.”
AB 1886 encourages “builder’s remedy” projects by eliminating self-certification for the purpose of what it means to have a housing element “in substantial compliance with the law.” The “builder’s remedy” allows a developer to choose any site other than a site that is identified for very low-, low-, or moderate-income housing, and construct a project that is inconsistent with both the city’s general plan and zoning. AB 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence.
For decades, cities have worked with HCD to draft housing plans that accommodate their fair share of housing at all income levels. These complex plans take years to develop, including significant public involvement and engagement, and environmental review.
Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD disagrees.
The City of Coronado just recently reached compliance with certification of our 2021- 2029 housing element, which took us years to get certified after the statutory deadline.
This lengthy and expensive process was made incredibly onerous despite our earnest efforts to work collaboratively with HCD staff.
We ultimately had to go to court and defend our approach to accommodating a significant increase in the number of assigned housing units due in part to Coronado’s proximity to jobs located on neighboring U.S. Navy bases which drastically increased the number of housing units assigned to Coronado. At the same time, we were initially unable to count any housing production on the Naval bases to help meet our housing allocation.
If self-certification were not available to the City of Coronado when we were first deemed not in compliance, we would have been exposed to “builders remedy” projects immediately despite our willingness to work with HCD to chart a path forward by offering supporting information and working collaboratively together. Only through collaboration and clarifying discussions was Coronado able to meet the State’s goals to facilitate housing development at all income levels and reach certification.
The City of Coronado believes that AB 1886 is counterproductive. We want to continue to work closely with HCD as partners, with HCD providing meaningful and timely direction that helps us craft an effective housing element rather than working under threats of builder’s remedy projects or potential fines being imposed. For these reasons, the City of Coronado must oppose AB 1886 (Alvarez). Please feel free to reach out to me with any questions at 619-522-7335 or [email protected].
Sincerely,
Richard Bailey
Mayor
cc: Assemblymember Tasha Boerner, District 77
Assemblymember David Alvarez, District 80
Senator Catherine Blakespear, District 38
League of California Cities, (via email: [email protected])