Sep 30, 2025 City of Glendale 613 E. Broadway, Glendale, CA 91206 Re: Proposed Housing Development Project at 441-445 W. Glenoaks Blvd To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Dear Glendale City Council, The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation
to
abide
by
all
relevant
state
laws
when
evaluating
the
proposed
43-unit
housing
development
project
at
441-445
W.
Glenoaks
Blvd
,
which
includes
6 units
for
very
low-income
households
and
three
units
for
moderate-income
households.
These
laws
include
the
Housing
Accountability
Act
(“HAA”),
the
Density
Bonus
Law
(“DBL”),
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
reduce
the
project’s
density
(
id
.
at
subd.
(j))
or
render
the
project
infeasible
(
id
.
at
subd.
(d))
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,
via
the
local
density
bonus
program,
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
2201 Broadway, PH1, Oakland, CA 94612 www.calhdf.org
conduct “a thorough analysis of the economic, social, and environmental effects of the action.”
(
Id.
at
subd.
(b).)
The DBL offers the project certain benefits. (See Gov. Code, § 65915.) The City must respect these
benefits.
In
addition
to
increased
density,
the
City
must
grant
the
developer’s
requested
concessions
and
waivers
with
respect
to
height,
number
of
stories,
floor
area
ratio,
common
outdoor
space,
additional
open
space,
minimum
unit
size,
interior
setbacks,
lot
coverage,
and
landscaped
open
space.
If
the
City
were
to
deny
the
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
were
to
deny
the
requested
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).)
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.5th
755,
775.)
Furthermore, the project is exempt from state environmental review under the Class 32 CEQA categorical exemption (In-Fill Development Projects) pursuant to section 15332 of the CEQA Guidelines, as the project is consistent with the applicable general plan designation and all applicable general plan policies as well as the applicable zoning designation and regulations; the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project may also be eligible
for
a
CEQA
exemption
pursuant
to
AB
130
(Pub.
Res.
Code,
§
21080.66),
which
was
signed
into
law
on
June
30,
2025
and
was
effective
immediately
(Assembly
Bill
No.
130,
2025-2026 Regular Session, Sec. 74, available here). 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.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
2 of 3
will mitigate the state’s homelessness crisis; it will bring new customers to local businesses; it
will
grow
the
City’s
tax
base;
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.
CalHDF
urges
the
City
to
approve
it,
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.org. Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 3 of 3