Laserfiche WebLink
Housing Laws Governing Review of Development Proposals <br />March 7, 2024 <br />Page 5 of 5 <br /> <br /> <br />Considering the criteria to deny a waiver: <br /> <br />(1) Public health and safety. The requested smaller setbacks and taller buildings still meet <br />fire access requirements and other safety standards. <br />(2) State or federal law violated. No state or federal laws are violated by smaller setbacks <br />and taller buildings than the city standard. <br /> <br />Density. Another concern raised at the Feb. 28th meeting was that this site has a General Plan <br />Land Use Designation of High Density Residential. In the General Plan Land Use Element, Table <br />2-3: General Plan Densities, for High Density Residential, the Allowable Density Range is 8+ <br />dwelling units per acre, and the Average Density used for Holding Capacity is 15 dwelling units per <br />acre. (See page 2-15). The 8+ dwelling units per acre is tempered by the zoning at 3200 Hopyard <br />Road, which is RM-1,500 (Multi-Family Residential District, minimum 1,500 square feet of lot area <br />per unit). <br /> <br />Under Density Bonus Law, if a project provides a specific percentage and type of affordable units, <br />the project is entitled to a density bonus to increase the number of units by 5 to 50%. Under <br />Density Bonus Law, the qualification for a density bonus and the resulting increased number of <br />units does not require a general plan amendment or zoning change.13 However, the Consistency <br />Checklist under the California Environmental Quality Act (CEQA) might give rise to the need to <br />study potential project specific significant effects if the project’s density was studied at the time of <br />the Final Environmental Impact Report (FEIR) for the 2005-2025 General Plan. <br /> <br /> <br />This memo summarizes complicated state housing laws, including the Housing Crisis Act of 2019, <br />the Housing Accountability Act, Density Bonus Law, and Permit Streamlining Act, as relates to <br />statutory limits on the City’s exercise of discretion; and requires factual information to support any <br />finding to deny, or impose a condition on a project based on written objective standards and <br />policies, which are not otherwise subject to state waivers. <br /> <br /> <br />13 §65915(f).