Item 12 - Density Bonus Agreement No. 2025-03

Home Browse Search

Ca1HDF 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 waivers and concessions with respect to public open space, private open space, parking study, and common 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 a City of San Diego (2022) 74 Ca1.App.5th 755, 775.) Finally, the project is exempt from state environmental review pursuant to CEQA Guidelines section 15168 (Program EIR). 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 Ca1.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 bring new customers to local businesses; it will expand the city's tax base; and it will reduce displacement of existing residents by reducing competition for existing housing. Ca1HDF therefore strongly urges the City to approve the project, consistent with its obligations under state law. Ca1HDF 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 Ca1HDF at www.calhdf.org. 2of3