Golden State Today

California Attorney General Rob Bonta has filed an amicus brief in Santa Barbara County Superior Court, advocating for a proposed affordable housing project in Goleta. The city, located in Santa Barbara County, is facing a significant housing shortage. Approximately 75% of lower-income renter households and 64% of lower-income owner households in Goleta spend more than 30% of their income on housing costs, making it unaffordable by general standards.

The proposed development by the Shelby Family Partnership aims to build 56 single-family homes, with 13 designated as affordable for lower-income families. However, on December 5, 2023, Goleta rejected a preliminary application to include these affordable homes under the Housing Crisis Act of 2019 (Senate Bill 330). The land in question is not used for agriculture and is surrounded by existing residential areas.

Attorney General Bonta criticized the city's decision: “Goleta’s refusal to accept an application that would add desperately-needed affordable housing is both deeply disappointing and unlawful.” He urged the court to compel Goleta to process the application so the project could proceed.

Bonta's brief focuses on Senate Bill 330 and the Housing Accountability Act (HAA). Senate Bill 330, authored by Senator Skinner (D-Berkeley), aims to enhance housing production by limiting cities' ability to obstruct projects and allowing developers to "freeze" applicable standards through preliminary applications. The HAA restricts local governments from disapproving qualifying housing developments except under specific conditions.

In his argument, Bonta contends that Goleta violated Senate Bill 330 by refusing the Shelby Family Partnership's amended preliminary application due to its belief that the bill applies only to "new" projects. He asserts that Senate Bill 330 does not exclude amendments or require forfeiting prior approvals like a tentative tract map from 2011.

Additionally, he argues that Goleta breached the HAA by returning the application without adequate explanation. According to him, disapproval requires written findings based on substantial evidence showing applicability of narrow exemptions outlined in HAA.

A copy of Bonta's amicus brief is available online.