Cities Index.
PUBLIC COMMENT-Proposed Housing Development Project at 441-445 W. Glenoaks Blvd

Glendale City Council
September 30, 2025

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PUBLIC COMMENT-Proposed Housing Development Project at 441-445 W. Glenoaks Blvd
Meeting
September 30, 2025
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Glendale City Council
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Text extracted from the city's file for reading and search. Open the original on glendaleca.primegov.com. That file is the official record.

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

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