Press Release: YIMBY Law Sues City of Burbank Over Illegal Denial of New Housing Project

Contact: Jae Garner

Burbank, CA— Today YIMBY Law filed a lawsuit against the City of Burbank for illegally blocking a project compliant with state law SB 35. The lawsuit contests the Burbank City Council’s decision to deny a proposal for new construction of a 96-unit condominium project on a five-acre property known as Pickwick Gardens. According to the lawsuit, the City Council’s decision is at odds with state law SB 35 which streamlines the approval process for new homes when a city is not on track to meet state-mandated housing goals.

“There is no legal basis for the Burbank City Council to deny this proposed housing project. The Pickwick project meets all requirements under SB 35. YIMBY Law is looking forward to winning this case,” said Rafa Sonnenfeld, Director of Legal Advocacy at YIMBY Law.

Burbank’s City Planning Department reviewed the Pickwick Garden project’s pre-application and determined that it met all necessary requirements under SB 35. The California Department of Housing and Community Development (HCD) also found that the project qualified under the law. Despite these analyses, both the Burbank City Council and Burbank residents called for the project to be denied. Residents cited traffic concerns and equestrian activity as reasons why the Pickwick project was not appropriate for their community. In addition to the lawsuit filed by YIMBY Law, HCD has also responded by sending Burbank a Notice of Violation, requiring the city to reverse course and approve the project.

The lawsuit is one of several lawsuits filed in 2022 by YIMBY Law to hold jurisdictions accountable for implementation of California housing law, including SB 35. 

“The bottom line in this case is that the city of Burbank is no different than any other city in California. Complaints about increased traffic and concerns over equestrian communities do not constitute an exception from the law. And they certainly don’t trump the importance of one of our most fundamental human needs– access to housing,” said Sonja Trauss, Executive Director of YIMBY Law.

Press Release: YIMBY Law Blocks Culver City's Illegal Downzoning, City to Appeal

Contact: Jae Garner

Culver City, CA— YIMBY Law has prevailed in a Superior Court lawsuit filed against Culver City for their attempt to amend the city’s residential zoning code, a decision the city is now moving to appeal. If upheld, the city’s zoning amendment would effectively down zone single-family-zoned residential land, making it more difficult to increase the number of homes in the city.

“The Court’s decision affirms with clarity that Culver City must comply with California housing law. YIMBY Law is dedicated to holding jurisdictions accountable for compliance. This is critical to address our state’s housing crisis,” said Rafa Sonnenfeld, Director of Legal Advocacy at YIMBY Law.

The lawsuit was filed in response to an ordinance passed by the Culver City Council on July 13th, 2020. The ordinance would have reduced the allowable square footage in single-family homes and restricted the definition of a single-family home to include only one kitchen. Based on data from existing homes in Culver City, the ordinance would have reduced the average potential size of single-family homes by approximately 750 square feet. According to city documents, these changes were made to prevent homeowners from breaking their homes into multiple units.

The Superior Court judge sided with YIMBY Law in the suit, which stated that the proposed ordinance would have reduced the current and potential use of the residential land. This is explicitly prohibited by SB 330, a law passed in 2019 that prohibits many actions that delay new homes from being built or decrease the number of homes approved for construction. 

If upheld, Culver City’s ordinance would create additional barriers to the implementation of new state housing laws that legalize and incentivize the construction of more homes. SB 9 is one such law, which legalizes duplexes and residential lot splits, creating the potential for as many as four homes on a previously single-family only property.

YIMBY Law will continue to oppose Culver City’s ordinance in appellate court, on the grounds that the city’s proposed restrictions directly violate SB 330.

“Exclusionary cities have prevented new homes from being built inside their limits for decades,” said Sonja Trauss, Executive Director of YIMBY Law. “Laws like SB 330 and SB 9 help ensure even the most exclusionary cities play their part in ending California’s crippling housing shortage. And YIMBY Law is here to make sure they do.”

Press Release: Following YIMBY’s Advocacy, HCD Commits to Assess Jobs-Housing Balance in the RHNA Process

Contact: Jae Garner

SACRAMENTO, CA – The California Department of Housing and Community Development (HCD) has committed to ensuring that the jobs-housing balance as required under state law will be included in its RHND methodology process going forward. YIMBY Law and YIMBY Action have suspended their lawsuit regarding state housing goals due to this commitment.

In February 2021, YIMBY Law and YIMBY Action filed a lawsuit against HCD in Alameda County Superior Court. The suit claimed that state planners did not adequately consider the jobs-housing balance in the Bay Area’s housing goals. Researchers at UCLA have estimated that including the feasible jobs/housing balance could increase the number of homes assigned in the Bay Area by as many as 138,000.

A recent audit conducted by the California State Auditor backed up these claims, recommending that an assessment of a healthy jobs housing balance be included in future Regional Housing Needs Determinations (RHND). Across multiple jurisdictions, the audit found errors in housing allocations that resulted in lower numbers of housing production goals. In all examined regions, the audit found that HCD failed to include the jobs housing balance.

“We are excited that HCD has committed to addressing California’s jobs-housing balance. This commitment addresses the serious concerns we have expressed about the state overlooking this requirement,” according to Rafa Sonnenfeld, director of legal advocacy for YIMBY Law.  “We welcome HCD’s commitment to establishing a more accurate calculation of the number of homes needed throughout the state. We look forward to working with them to ensure full implementation.”

HCD has committed to conducting a public process around methodology and consider existing and/or projected relationships between jobs and housing in regions throughout California. Based on input from experts and available data, HCD will consider incorporating any jobs-housing balance methodology, jobs-housing targets, and necessary adjustments into future housing needs determinations.

The balance between the number of jobs compared to homes in each region, or the “jobs-housing balance” is an essential part of evaluating economic opportunity as it relates to the availability of homes in communities across the state. Without an accurate assessment of this relationship, job growth will continue to outpace the increase in housing supply, exacerbating the housing shortage.

According to Laura Foote, Executive Director of YIMBY Action, “Today’s announcement is a win for housing in California. In light of this commitment from HCD as well as the recent state audit, it is more important than ever to recognize that our Regional Housing Needs Allocations are a floor, not a ceiling, for housing production. RHNA goals underestimate the true need for more homes in our communities. Cites can and should build even more.”