CC 10-23-2024 Item 1 Statewide Housing Laws that Apply to Applications for Housing Development Project_Written Communications_3CC 10-23-2024
Item No. 1
Statewide Housing Laws
that Apply to Applications
for Housing Development
Projects
Written Communications
From:Connie Cunningham
To:City Clerk
Subject:Oral Communications 2024-10-23 Special CC Meeting on Housing Laws
Date:Wednesday, October 23, 2024 7:41:25 PM
Attachments:2024-10-23 CC Special meeting on housing law.docx
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Please include these written comments that discuss my Oral Communications.
Thank you, Connie Cunningham
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2024-10-23 CC Special meeting on Housing Laws
Good evening, Honorable Mayor, Vice-Mayor, and Councilmembers:
I am Connie Cunningham, Chair, Housing Commission. I spoke this evening to make the
following points. I did not have time to include all the information below.
Background:
Excellent presentation that shows just how confusing and overwhelming the law structure has
become for building homes. The references show how cumbersome and convoluted the
requirements are.
Housing is a responsibility of City Councils.
National, state, county and cities are required to keep many things in balance. Housing is a
major issue which has been ignored for decades. It is not surprising that the tangle of laws
created to thwart new housing have now found ways to push back on new Housing Laws
intended to support housing for all incomes and abilities, with a focus on Affirmatively
Furthering Fair Housing.
Climate change is a responsibility of City Councils.
Housing needs to be balanced with the needs of Climate Change. Building within the urban
areas of cities does the most to meet the needs of climate change. Holding onto the few lands
that remain for wildland animals and plants is a responsibility of City Councils.
Definition: The Wildland Urban Interface (WUI) is the zone of transition between
unoccupied land and human development. It is the line, area or zone where structures
and other human development meet or intermingle with undeveloped wildland or
vegetative fuels.
Comments:
1. My point tonight was to focus on the SB330 law and its requirements. SB330
has within it reasons that cities can use to make written findings to disapprove a
project:
Wording from the text of the SB330 law, which states:
(d) A local agency shall not disapprove a housing development project…. unless it makes written
findings, based upon a preponderance of the evidence in the record, as to one of the following”:
(4) The housing* development project or emergency shelter is proposed on land zoned for
agriculture or resource preservation that is surrounded on at least two sides by land being used for
agricultural or resource preservation purposes, or which does not have adequate water or
wastewater facilities to serve the project.
(5) The housing development project or emergency shelter 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, …:
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A written finding that the proposed development is inconsistent with SB330 sections d4 and d5.
At the time of the existing General Plan, a similar type of property on Canyon View Drive is
RHS-170. Residential Hillside. There is no 0 Linda Vista Drive noted on the Cupertino Zoning
Check.
Municipal RHS Chapter Number 19.40.010 Residential Hillside District. One purpose of the
RHS zoning district is to regulate development consistent with the General Plan, to preserve the
natural setting in the hillsides.
In addition to being zoned to preserve the natural setting in the hillsides, this PR-2024-017
property is surrounded on three sides by land being used for resource preservation purposes.
Fremont Older Open Space Preserve (South)
Picchetti Ranch Open Space Preserve (Southeast)
Steven Creek County Park (reservoir) (East)
McClellan Ranch Preserve (North)
Stevens Creek is a habitat for endangered species. This creek flows along the McClellan Ranch
Preserve, and along Deep Cliff Golf Course. Stevens Creek Reservoir is located upstream.
Also, this property is unlikely to have adequate water or wastewater facilities to serve the
project. This area is zoned for residential hillside homes. This PR-2024-017 project will have 30
single-family units and a community sports center.
Only one of the reasons for disapproval needs to apply.
2. Related topic: BMR housing that is being used as the basis for building in our RHS
zoned properties.
Who pays the fire insurance for rental units? The city?
Who pays the fire insurance for purchase units? The buyers? How do they afford the steeply
increasing home ownership prices that fire insurance companies are charging?
3. It is the responsibility of the City to ensure, based upon new data, to reject housing
developments that will end with residents owning homes during times of growing fire
danger, while the developer will walk away with profits, and no further responsibility for
the protection of the homeowners.
Please review all these new laws that were discussed tonight to see how the city can build
houses needed by residents and future residents, while balancing this with protection of
wildlands.
Thank you for your time.
Connie Cunningham