SUPPLEMENTAL MATERIAL - Laserfiche WebLink

Alameda County Planning Department June 4, 2024 Page 3 #503315009_v1 Applicant intends to submit a formal land use application within 180 days of this preliminary application.6 III.The HAA “Builder’s Remedy” In enacting the Housing Accountability Act (“HAA”) (Gov. Code Sec. 65589.5 et seq.), our Legislature declared that a lack of housing “is a critical problem that threatens the economic, environmental, and social quality of life in California.”7 Under the HAA, a local agency cannot deny a housing development project for very low-, low-, or moderate-income household, unless it makes one of five stringent findings in Gov. Code § 65589.5, subdivision (d).8 One such finding under subdivision (d)(5) is: “The housing development project … is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article.” Critical to this determination is a substantially-compliant housing element. Without one, a jurisdiction cannot deny a project that conflicts with the local agency’s applicable development standards under its General Plan or Zoning Code. This is colloquially known as the “Builder's Remedy.” Here, the Project is a “housing development project” as defined in the HAA because it is a development consisting of residential and residential amenities uses with at least two thirds of the square footage designated for residential use.”9 Moreover, the Project has committed to providing 20 percent low-income dwelling units. IV.The Project Has Vested to the Current Status of the County’s Sixth Cycle Housing Element By submitting an SB 330 preliminary application with the information required by Government Code Section 65941.1, Applicant has obtained a vested right to develop the Project in accordance with the applicable policies, ordinances, and standards in effect when the preliminary application is submitted.10 HCD has confirmed on multiple occasions that such vested rights include a right to proceed under the 6 Gov. Code § 65941.1(d)(1). 7 Gov. Code § 65589.5(a). 8 For purposes of the HAA, housing for very low -, low-, or moderate-income households is defined as having at least 20 percent of units set aside for low-income residents or 100% of units set aside for moderate- or middle- income residents. 9 § 65589.5(h)(2). 10 Gov. Code § 65589.5(o)(1).