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Jonathan Lowell October 26, 2015 Page 2 The Housing Accountability Act Prohibits Further Reductions in the Number of Project Units The Housing Accountability Act (Gov. Code § 65589.5) applies to "housing development projects" which are defined as projects made up of residential units; mixed -use projects; or transitional or supportive housing. (Gov. Code § 65589.5(h).) When a proposed housing development project complies with "applicable, objective, general plan and zoning standards and criteria, including design review standards," in effect when the projects application is deemed complete, a city may only deny the project or "approve it upon the condition that the project be developed at a lower density" if it makes both of following findings: (i) "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 ... "; and (ii) there is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than the disapproval of the housing development project or reducing the project's density. (Gov. Code § 65589.50).) The Legislature amended the act to only require housing projects to meet "objective" standards in order to "strengthen the law by taking away the agency's ability to use what might be called a 'subjective' development 'policy' (for example 'suitability')." (Honchariw v. County ofStanislaus (2011) 200 Cal.App.4th 1066, 1076.) A "specific, adverse impact" is defined as 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. Code § 65589.5(j).) This restriction on the City's ability to reduce the number of units in a housing project is applicable to market rate projects as well as affordable housing projects. (Honchariw, 200 Cal.App.4th at 1074 ( "we see nothing in the legislative history of the statute to support respondents' contention that subdivision (j) was intended to apply only to proposed housing development projects involving affordable housing "].) The Lund Ranch II project has no significant and unavoidable impacts, including traffic impacts. The project does not result in any quantifiable significant traffic impacts such as exceeding a City LOS standard. Because opposition to the project is based on subjective concerns regarding additional vehicle trips, the Housing Accountability Act would foreclose any further reduction in unit count.' We see no basis to find that the project has a "significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards" that would require the reduction of units. Instead, the City should find that a 10 -unit project is legally infeasible due to the Housing Accountability Act and reject option three presented in the staff report on page 23. (Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 712 (City of Oakland complied with Section 65589.5(j) when it refused to reduce density of project.) I If the City were to attempt to make the required findings, it would be the City's burden to prove such findings were justified. (Gov. Code § 65589.6.)