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Housing Laws Governing Review of Development Proposals March 7, 2024 Page 2 of 5 An “objective” standard is defined by state law as “…means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.”3 State law requires that if the city “proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means 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. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.”4 3 §65589.5(h)(9). 4 §65589.5(j)(1). For example, speakers on Feb. 28th stated that the replacement of the church and daycare with 57 homes would result in an “unsafe” situation if there was an emergency because Valley Trails Drive “is shaped like a horse shoe” with “only two exits for hundreds of homes.” The requirements of the California Fire Code (in Municipal Code Ch. 20.24 Fire Code) in §503 and Appendix D, §§D106 and D107, requires two access roads for both: multiple- family residential developments of more than 100 dwelling units; and developments of one- or two- family dwellings where the number of dwelling units exceeds 30. The Deputy Chief / Fire Marshall advises that: “All of the 57 units at 3200 Hopyard are fully sprinklered and have 2 points of access back to S Valley Trails Drive. The larger Valley Trails neighborhood has multiple cul-de-sacs, none of which exceed 30 units, which have access to two access options back to Hopyard Rd. via N or S Valley Trails Drive.” Another comment was about emergency responders being able to reach homes within 8 minutes. The Deputy Chief / Fire Marshall further advises that: “Response times will not be adversely affected by LPFD apparatus access or egress to/from the Valley Trails neighborhood with or without the 57 units at 3200 Hopyard Rd.” And, General Plan Figure 5-6 shows the entire Valley Trails neighborhood within travel time that meets General Plan Public Safety Element Policy 10.