Misstatements in Staff Report

Re: Response to Misstatements in Staff Report dated August 24, 2020 on L03-11 Terraces of Lafayette {Deer Hill); City Council Agenda August 24, 2020

Dear Mayor Anderson, Vice Mayor Candell, and Members of the City Council:

Staff has submitted another staff report dated August 24, 2020 for the upcoming City Council hearing on August 24, 2020. There are two significant misstatements in the staff report, respectively concerning (i) Gov. Code section 66300 and the 2015 General Plan land use designation and 2018 zoning , and (ii) that purportedly the Deer Hill property is not within the Very High Fire Hazard Severity Zone duly designated by the City of Lafayette on June 10, 2013, Ordinance No. 620, which is final and shall not be rebuttable by the state director pursuant to Gov. Code sections 51178 and 51179(d).

Staff also continues to review statistics on progress of current permit issuance on multi­ family units for the 5th cycle (2015-2023) without mention that Lafayette’s housing element was determined to be in “full compliance” through 2023 by the California Dept. of Housing and Community Development, by letter dated March 26, 2015. For purpose of the HAA, Gov. Code section 65589.5(d)(5), denial of a project is authorized if the jurisdiction’s “revised housing element … is in substantial compliance.” Staff fails to mention this indisputable fact and that the City satisfies the HAA standard, erroneously implying that the city is required to approve this project.        CLICK HERE TO CONTINUE