YesIn My BackYard
2261 Market Street STE10416
San Francisco, CA 94114
Karla Brown, Mayor
Cityof Pleasanton
123 Main Street
P.O. Box520
Pleasanton,CA94566-0802
[email protected]
JocelynKwong, City Clerk
Cityof Pleasanton
123Main Street
P.O. Box520
Pleasanton,CA94566-0802
[email protected]
May21,2024
Re:Planning Commission’s Decision on P23-0599Housing Development Project at 5976-5994W. Las Positas Boulevard
APN:941-2760-5
DearMayor Brown and ClerkKwong:
YIMBYLawis a 501(c)3 non-profit corporation, whosemissionis to increasethe accessibilityand affordability of housingin California.YIMBYLawsuesmunicipalities when they fail to comply with state housinglaws,including the HousingAccountability Act (HAA).Asyou know, the PlanningCommissionand CityCouncilhavean obligation to abide by all relevant state housinglawswhen evaluatingthe abovecaptioned proposal, including the HAA.Shouldthe Cityfail to follow the law, YIMBYLawwill not hesitate to file suit to ensure that the law is enforced.
Thisproject includesthe demolition of two existingcommercialbuildings and construction of 146multi-family residential units with 38 accessorydwelling units.
Unit typeswill comprise 2-4 bedroom, 2.5-3.5 bathrooms, and attached 2-car tandem 1 or side-by-side garages.Theapproximately 7.29-acreproject site currently consistsof generaloffices,including medicaloffices,asdoesthe surrounding existingland use.
On April 10,2024,the PlanningCommissiondisapprovedthe Project,on recommendation from Citystaff, on the grounds that the Projectis allegedly inconsistent with the applicableGeneralPlanland usedesignationand zoningfor the ProjectSiteand the Projectis not seekinga PlannedUnit Developmentrezoning.This analysisis inconsistent with the law.
CaliforniaGovernmentCode §65589.5, the HousingAccountabilityAct (HAA), prohibits localitiesfrom denyinghousingdevelopment projects that are compliant with the locality’s zoningordinance or generalplan at the time the application was deemed complete,unlessthe locality canmakefindings that the proposed housing development would havea “specific,adverseimpact”to public health and safetyand that there is no feasiblemethod to successfullymitigate or avoid the adverseimpact.
TheHAAdefinesa “specific,adverseimpact”to mean “a significant,quantifiable, direct, and unavoidableimpact, basedon objective, identified written public health or safetystandards,policies,or conditions as they existedon the date the application wasdeemedcomplete.”(Gov.Code § 65589.5(j)(1)(A)).
If a city’s disapprovalor conditional approval were to be challengedin court, the burden is on the Cityto prove its decisionabidesby the conditions set forth in the HAA.In this case,the City’s grounds for disapprovalof the project were basedon the project being inconsistent with the zoningof the project site, and the Cityhasnot made the findings required by HAAand has not brought forward evidenceto support suchfindings basedon any standard of review,including the HAA’s required preponderanceof the evidencestandard.
YesIn My BackYard
2261Market StreetSTE10416
San Francisco, CA 94114
2 Moreover, subdivision (j)(4) of the HAAprovides the following:
For purposes of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan ...[ T]he local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
Gov. Code § 65589.5(j)(4), emph. added).
Under the first sentence of subdivision ( j)(4), if the zoning is inconsistent with the generalplan, the Citycannot lawfully require a rezoning.ThePlanningCommission’s disapproval states that the “General Plan’s Mixed Use designation references and defers to the applicablePlannedUnit Development”(PlanningCommissionAgenda Report, p. 7). However, under the HAA, the General Plan does not defer to the zoning standardsset forth by the city but supersedesit, regardlessof whether the zoning plan is consistent with the general plan, and therefore, the City must approve the project at the density proposed by the developerand asallowed by the GeneralPlan.
Further, even if the zoning were consistent with the General Plan, the local agency must still facilitate and accommodatedevelopment “at the density allowed on the site by the general plan.” The intent of the HAA is “to be interpreted and implemented in a manner to afford the fullest possibleweight to the interest of, and the approval and provision of, housing”( Gov. Code § 65589.5(a)(2)(L)).Therefore, the Planning Commission’s interpretation of the HAA,in that, becausethe zoningis consistentwith YesIn My BackYard
2261 Market Street STE10416
San Francisco, CA 94114
3 the GeneralPlan,the GeneralPlanthen defers to the applicablePlannedUnit Development (PUD),not only contradicts the intent of the HAAbut activelyworks againstits purpose–i.e.,to increasehousing.
Under the secondsentenceof subdivision (j)(4),which Citystaff havecontinuously failed to acknowledgeand which wasnot addressedin the PlanningCommission’s staff report, evenif the zoningstandardsare consistentwith the GeneralPlan,the City is still required to facilitate and accommodatethe Projectat its proposed and allowed generalplan density unlessit makesfindings of an adverseimpact to public health and safety.Again,the GeneralPlanrules regardlessof whether the zoningand GeneralPlanare consistent.
Theinclusion of the phrase “[i]f the local agencyhascomplied with paragraph (2)” Gov.Code,§ 65589.5, subdivision (j)(4)),makesclearthat while the first sentenceof subdivision (j)(4) instructs cities on what to do if their zoningand GeneralPlanare inconsistent,the secondsentenceinstructs cities on what to do if they are consistent.
Compliancewith subdivision (j)(2)refers to the local agencynotifying the developerof any inconsistencieswith the zoningor generalplan. Assuch,this would render the secondsentencepurposelessand redundant if interpreted to be a continuation of the circumstancesput forth in the first sentence (i.e.,where the zoningand generalplan are inconsistent).Thisis becausecompliancewith paragraph (2) would simply allow the city to apply the standardsand criteria of any categoriesin the zoning (so long as they do not interfere with the density proposed by the developer),which it would be able to do anyway.
Instead,the secondsentencesetsout what cities must do in the event that their zoningis consistentwith their generalplan: the Cityis required to facilitate and accommodatethe proposed project at its proposed and allowed generalplan density.
YesIn My BackYard
2261 Market Street STE10416
San Francisco, CA 94114
4 Not only doesthis allow the law to be applied in a way that “afford[s] the fullest possibleweight”to the interest and provision of housingand therefore remain true to the intent and purpose of the HAA,cities are incentivizedto comply with subdivision j)(2) asit allowsthem to apply some zoningstandards.
For the outlined reasons,the CityCouncilmust allow this Projectto proceedwithout requiring a discretionarylegislativePUDrezoning,which will allow the Projectto seek and obtain the required TentativeMap and Designapproval,or elsemakefindings to the effect that the proposed project would havean adverseimpact on public health and safety,asdescribedabove.Shouldthe Cityfail to comply with the law, YIMBYLaw will not hesitate to take legalaction to ensure that the law is enforced.
I am signingthis letter both in my capacityasthe ExecutiveDirector of YIMBYLaw, and asa resident of Californiawho is affected by the shortageof housingin our state and would be eligibleto apply for residencyin the proposed housingdevelopment project.
Bestregards,
SonjaTrauss
ExecutiveDirector
YIMBYLaw
[email protected]
YesIn My BackYard
2261 Market Street STE10416
San Francisco, CA 94114
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