HomeMy WebLinkAboutOpposition Letter - AB 989 (Gabriel) - 06.29.2021
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June 29, 2021
The Honorable Mark McGuire
California State Senate, 2nd District
State Capitol, Room 5061
Sacramento, CA 95814
RE: AB 989 (Gabriel) – OPPOSE
Dear Senator McGuire,
On behalf of the City of Cupertino, I write to express our opposition to AB 989, which
would create the Governor‐appointed Housing Accountability Committee (HAC) within the
California Department of Housing and Community Development (HCD) to review appeals of
affordable housing projects denied by a local government.
Under current law, the Housing Accountability Act (HAA) allows a city or county –
after proper notice and public hearings within strict time limits ‐ to impose conditions to
mitigate the environmental impact of the project under CEQA (Section 65589.5(o)(2)(E)); and to
require compliance with “objective, quantifiable, written development standards, conditions
and policies” in effect when the preliminary application was submitted (Section 65589.5(f)). As
written, AB 989 would allow a single HAC member to overturn either of these actions if it is
argued that the application of such standards rendered a project “infeasible,” in a process that
does not allow for public input.
AB 989 would override provisions within the HAA that protect the health and safety of
residents and the environmental integrity of our communities, which contrasts with existing
and pending law. For instance, the Legislature is currently considering SB 37, which seeks to
prevent developments from bypassing integral CEQA requirements by updating the “Cortese
List” of hazardous waste sites, contrasting with the proposed functions to HAC. Conducting
work on projects that are on hazardous sites without substance mitigation is dangerous to the
public. Exemptions to such projects or the establishment of a committee designed to
countermand decisions pursuant to CEQA provisions threatens the health and safety of
residents throughout the state.
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO SENATOR MCGUIRE OPPOSING AB 989 page 2 of 2
While the City understands that the existing legal and court process can take time to
settle disputes, it is the most fair and consistent process to resolve conflicts between local
jurisdictions and project proponents. The Courts can be provided resources to expedite reviews,
and they are trained to evaluate legal and technical issues. The establishment of the HAC does
not require its members to have a legal, environmental, or planning‐based background.
The State needs to work with localities rather than browbeat them. Work with us on
policies which can help with our problems while ensuring public safety through the lens of
understanding our localities’ specific considerations and challenges. We cannot let profit‐driven
interests continue to corrupt our system by making problems worse while creating scapegoats
out of good‐faith partners. Work with us to encourage and enforce inclusionary zoning
requirements, for instance, rather than equipping lobbying‐based dollars with the means to
circumvent public‐safety and environmental protections.
The creation of an HAC would add a layer of bureaucracy that fails to ensure alleviation
of problems related to the affordability of housing. Public safety will be replaced with
draconian oversight of local community health and safety conditions, without allowing for
public review and comment. AB 989 does nothing to improve the quality or efficiency of a
project, but it does compromise public safety in favor of private‐interest profits.
For these reasons, the City of Cupertino opposes AB 989.
Sincerely,
Darcy Paul
Mayor
City of Cupertino
cc: Senator Dave Cortese
Assemblymember Evan Low
Assemblymember Marc Berman
Senate Governance and Finance Committee
Senator Mike McGuire (Chair)
Senator Jim Nielsen (Vice Chair)
Senator Maria Elena Durazo
Senator Bob Hertzberg
Senator Scott Wiener