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1 MEMORANDUM Date: March 7, 2024 To: Planning Commissioners From: Larissa Seto, Assistant City Attorney Subject: Housing Laws Governing Review of Development Proposals 3200 Hopyard Road This memo provides an overview of some of the California housing laws which place limits on the City’s ability to use discretion in consideration of the proposed 57-unit housing development (48 condominiums in townhome style units and 9 affordable apartment units) at 3200 Hopyard Road. As was set forth in the Background section of your February 28, 2024, agenda report (on page 2), this project has submitted an application under the California law known as Senate Bill 330 (SB 330), which is also called the Housing Crisis Act of 2019. SB 330 amended other California laws, including the Housing Accountability Act and the Permit Streamlining Act, to create more predictability for housing developers, remove discretion by local agencies, speed up review timelines and limit public hearings. As was noted in your agenda report, the applicant submitted its SB 330 preliminary application in October of 2022. Under state law, that makes the applicant only subject to those city ““ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency …” which were in effect at the time of application.1 State law then further limits a city’s ability to deny a housing project, or reduce the project’s density, if the project is consistent with “objective, quantifiable, written development standards, conditions and policies”, unless specific findings are made.2 1 See Cal. Government Code §65589.5(o)(1) and (4). All references hereafter to the California Government Code unless otherwise noted. 2 §65589.5(j)(1) of the Housing Accountability Act. Attachment 1