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ADDENDUM TO MARCH 21, 2023 LETTER HOUSING AND OTHER LAWS APPLICABLE TO STONERIDGE RESIDENTIAL PROJECT A. Housing Accountability Act(HAA). The Housing Accountability Act (Gov't Code § 65589.5) imposes several restrictions on the City. Most important, subdivision 0) of the HAA prevents the City from denying the project unless the City finds, based on a preponderance of evidence, that there is a specific, adverse impact upon the public health or safety that cannot be mitigated. The impact upon health or safety must be "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete." (Gov't Code § 65589.50)(1)) Second, the HAA prevents the City from reducing the density of the project absent the same finding, based upon a preponderance of evidence. Third, under the HAA, only the regulations that were in effect at the time that the application was determined to be complete can be applied. Thus, the Framework Components and the ODS the Council adopted on January 26, 2023 cannot be applied. Fourth, under the HAA, the City cannot require a rezoning ordinance. Thus, while SPG has been willing to pursue a PUD ordinance, especially because it provides a convenient mechanism for processing the project, only approvals that do not require a zoning ordinance can be required. Further, while the HAA does not apply to projects that require legislative approvals, the HAA applies to this project because no legislative approvals can lawfully be required. Fifth, while subdivision 0) of the HAA requires that the project be consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, it also provides for a process by which the project has already conclusively been deemed consistent with all applicable objective standards. This is because, under section 65589.50)(2), the City did not provide a notice of inconsistency with objective standards, as was expected since the project is consistent with all objective standards (except for the waivers, which are mandated by the Density Bonus Law, as explained below). B. Five Hearings Law. The Five Hearings Law, Gov't Code § 65905.5, limits the City to five hearings on this project. The Housing Commission already held one hearing, and the Planning Commission held another. This leaves only three hearings for the Council to adopt an ordinance and approve the project. C. Nexus and Rough Proportionality. The City's ability to impose ad hoc conditions on the project is also limited by the takings clause of the US Constitution, under Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 319 (1994). There must be an "essential nexus" between the burden imposed by the project and the exaction. There must also be a "rough proportionality" Page 1 of 2 161307484.7