HomeMy WebLinkAboutEckenwiler, Nicholas_ Public Comment on Agenda Item #2, Today's City Council MeetingFrom:Nick Eckenwiler
To:D-SBCityClerk; PublicComments
Cc:Council; Attorney; manager@sbcity.org
Subject:Public Comment on Agenda Item #2, Today"s City Council Meeting
Date:Wednesday, July 16, 2025 1:35:18 PM
Attachments:San Bernadino-975 North D Street - HAA letter.pdf
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Good afternoon,
Please see attached for CalHDF's public comment on agenda item no. 2 at tonight's city
council meeting, concerning an application to convert commercial office space into four
residential units at 975 North D Street. Thank you!
--
Nicholas Eckenwiler
Staff Attorney
Jul 16, 2025
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, CA 92401
Re: Proposed Conversion housing development at 975 North D Street
By email: sbcityclerk@sbcity.org; publiccomments@sbcity.org
Cc: council@sbcity.org; attorney@sbcity.org; manager@sbcity.org
Dear San Bernandino City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its
obligation to abide by all relevant state laws when evaluating the proposed 4-unit housing
development project at 975 North D Street. These laws include the Housing Accountability
Act (“HAA”), AB 130, and California Environmental Quality Act (“CEQA”) guidelines.
The HAA provides the project legal protections. It requires approval of zoning and general
plan compliant housing development projects unless indings can be made regarding
speci ic, objective, written health and safety hazards. (Gov. Code, § 65589.5, subds. (d), (j).) The
HAA also bars cities from imposing conditions on the approval of such projects that would
reduce the project’s density (id. at subd. (j)) or render the project infeasible (id. at subd. (d))
unless, again, such written indings are made. As a development with at least two-thirds of
its area devoted to residential uses, the project falls within the HAA’s ambit, and it complies
with local zoning code and the City’s general plan. Increased density, concessions, and
waivers that a project is entitled to under the DBL (Gov. Code, § 65915) do not render the
project noncompliant with the zoning code or general plan, for purposes of the HAA (Gov.
Code, § 65589.5, subd. (j)(3)). The HAA’s protections therefore apply, and the City may not
reject the project except based on health and safety standards, as outlined above. In addition,
if the City rejects the project or impairs its feasibility, it must conduct “a thorough analysis of
the economic, social, and environmental e ects of the action.” (Id. at subd. (b).)
Furthermore, the project is exempt from state environmental review pursuant to section
15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines. The
project is also eligible for a statutory exemption from CEQA pursuant to AB 130 (Pub. Res.
2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
Code, § 21080.66), which was signed into law on June 30, 2025 and e ective immediately
(Assembly Bill No. 130, 2025-2026 Regular Session, Sec. 74, available here). Caselaw from the
California Court of Appeal af irms that local governments err, and may be sued, when they
improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to
which it is entitled. (Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, 911.)
As you are well aware, California remains in the throes of a statewide crisis-level housing
shortage. New housing such as this is a public bene it; it will increase the city’s tax base; it
will bring new customers to local businesses; and it will reduce displacement of existing
residents by reducing competition for existing housing. While no one project will solve the
statewide housing crisis, the proposed development is a step in the right direction. CalHDF
urges the City to approve it, consistent with its obligations under state law.
CalHDF is a 501(c)(3) non-pro it corporation whose mission includes advocating for
increased access to housing for Californians at all income levels, including low-income
households. You may learn more about CalHDF at www.calhdf.org.
Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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