HomeMy WebLinkAboutCalifornia Housing Defense Fund - (Item 8)UDF
Jun 3, 2025
City Of Tustin
300 Centennial Way
Tustin, CA 92780
Re: Proposed Housing Development Project at 13751 and 13841 Red Hill Ave
To: CityCouncilcatustinca.org; ALumbardntustinca.org; jnielsenntustinca.org;
raallaghercatustinca.org; rschnell[atustinca.org; Ifinkcatustinca.org
Cc: CityManager@tustinca.org; cityclerk _tustinca.org;
Tustin Plan ninggptustinca.org
Dear Tustin City Council,
The California Housing Defense Fund ("Ca1HDF") submits this letter to remind the City of its
obligation to abide by all relevant state laws when evaluating the proposed 73-unit housing
development project at 13751 and 13841 Red Hill Avenue, which includes 4 units for very
low-income households. These laws include the Housing Accountability Act ("HAA') and the
Density Bonus Law ("DBL").
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 HAAs 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. M.)
2221 Broadway, PHI, Oakland, CA 94612
www.calhdf.org
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 the commercial component requirement. 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 v. City of San Diego (2022) 74 Cal.App.Sth 755, 775.)
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: by providing affordable housing, it
will mitigate the state's homelessness crisis; it will bring new customers to local businesses;
it will grow the City's tax base; 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. Ca1HDF urges the City to approve it, 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.
Sincerely,
Dylan Casey
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Ca1HDF Executive Director
James M. Lloyd
CaIHDF Director of Planning and Investigations
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