Sep 23, 2025 City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 Re: Proposed Housing Development Project at 1530-1540 Pomeroy Avenue To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected] Dear Santa Clara 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
11-unit
housing
development
project
at
1530-1540
Pomeroy
Avenue.
These
laws
include
the
Housing
Accountability
Act
(“HAA”)
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,
subd.
(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.
(
Ibid
.)
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.
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).)
Furthermore, the project is exempt from state environmental review pursuant to sections 15162
and
15164
of
the
CEQA
Guidelines.
Caselaw
from
the
California
Court
of
Appeal
affirms
that
local
governments
err,
and
may
be
sued,
when
they
improperly
refuse
to
grant
a
project
2201 Broadway, PH1, Oakland, CA 94612 www.calhdf.org
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
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
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 2 of 2