Feb 10, 2026
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
By Email: [email protected]
CC: [email protected], [email protected], [email protected], [email protected]
Re: Proposed Housing Development Project at 668 East 3rd Avenue
Dear San Mateo Planning Commission,
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 128-unit housing development project at 668 East 3rd Avenue, which includes 10 very low-income units, and 10 moderate-income units. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and AB 130.
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 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 conduct “a thorough analysis of the economic, social, and environmental effects of the action.” (Id. at subd. (b).)
2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
CalHDF also writes to emphasize that the DBL 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 concessions and waivers with respect to height, blank walls, setbacks, stepbacks, entries, and parking. If the City wishes to deny 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 wishes to deny 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 eligible for a statutory exemption from environmental review pursuant to section 21080.66 of the Public Resources Code. 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: it will provide badly needed affordable housing; it will increase the city’s tax base; it will bring new customers to local businesses; and it will reduce displacement of existing residents by reducing competition for existing housing. It will also provide important housing in the heart of Silicon Valley, a region that has seen an explosion of employment opportunities without the needed housing growth, resulting in crippling rent burdens and housing shortages. 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,
2 of 3
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
3 of 3
February 10 th, 2026
City of San Mateo
Planning Commission and City Council
330 West 20th Avenue
San Mateo, CA 94403
Re: 668 E. 3 rd Ave. Project Application
Dear City of San Mateo Planning Commissioners and City Council Member s,
As a 32-year resident of Foster City and business owner of the City of San Mateo, I am writing to urge you to approve the 668 E. 3 rd Ave. project .
The 668 E. 3
rd Ave. project will provide much needed housing in close proximity to transit which will be in line with the goals of the recently adopted General Plan.
The building’s highly detailed Mediterranean architecture incorporates well into the Objective Design Standards associated with Downtown San Mateo be a great addition to this part of the City adding much needed vibrancy and activity.
This is a wonderful opportunity to improve the neighborhood and downtown and address the need for housing. Please approve 668 E. 3
rd Ave.
Sincerely,
Al
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