Cities Index.
8 - Public Comment

Petaluma City Council
May 5, 2025

Document
8 - Public Comment
Meeting
May 5, 2025
Body
Petaluma City Council
Original file
236 KB
Text extracted from the city's file for reading and search. Open the original on cityofpetaluma.primegov.com. That file is the official record.

May 5, 2025 City of Petaluma 11 English Street Petaluma, CA 94952 Re: 100% Affordable Housing Development Project at 2 Rovina Lane By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] CC: [email protected]; pfl[email protected]; [email protected]; [email protected]; [email protected]; Dear Petaluma City Council, The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation

to

abide

by

all

relevant

state

housing

laws

when

evaluating

the

proposed

32-unit,

100%

affordable

residential

building

at

2 Rovina

Lane.

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

unless,

again,

such

written

findings

are

made.

(
Id
.

at

subd.

(d).)

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.

360 Grand Ave #323, Oakland 94610 www.calhdf.org

CalHDF also writes to emphasize that the Density Bonus Law (Gov. Code, § 65915) 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

all-electric

construction,

universal

design,

building

height,

fence/wall

height,

retaining

wall

terracing

and

coverage,

height

of

fence

on

retaining

wall,

open

space,

compact

parking

stalls,

tree

requirements,

and

parking

requirements,

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.5th

755,

775.)
Additionally, the project is exempt from environmental review under CEQA Guidelines section

15194

(Affordable

Housing

Exemption)

as

it

meets

the

eligibility

requirements

set

forth

in

section

15192

(Threshold

Requirements

for

Exemptions

for

Affordable

Housing).

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

Dieg
o

(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;

it

will

bring

new

customers

to

local

businesses,

decarbonization

in

the

face

of

climate

crisis

–

and

most

importantly,

with

its

provision

of

32 badly-needed

affordable

units,

it

will

reduce

displacement

of

existing

residents

into

homelessness

or

carbon-heavy

car

commutes.

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. 2 of 3

Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 3 of 3

← All documents from this meeting