California Attorney General Rob Bonta has filed an amicus brief in the Santa Barbara County Superior Court supporting a proposed affordable housing project in Goleta. The city, located in Santa Barbara County, faces a significant housing shortage. Approximately 75% of lower-income renter households and 64% of lower-income owner households are spending more than 30% of their income on housing.
The Shelby Family Partnership's development project 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 that sought to add these affordable homes under the Housing Crisis Act of 2019 (Senate Bill 330). The land involved is not agriculturally productive and is surrounded by existing residential areas.
Attorney General Bonta stated, "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 and allow the project to proceed.
The amicus brief highlights two state laws: Senate Bill 330 and the Housing Accountability Act (HAA). Senate Bill 330 was designed to enhance housing production by limiting cities' abilities to obstruct projects and allowing developers to "freeze" applicable standards through preliminary applications. The HAA restricts local governments from disapproving qualifying housing projects unless specific written findings justify such actions.
Bonta argues that Goleta violated Senate Bill 330 by rejecting the Shelby Family Partnership's amended application on grounds that it only applies to "new" projects. He clarifies that Senate Bill 330 does not exclude amendments nor does it require forfeiting previous approvals like a tentative tract map obtained in 2011.
Additionally, Bonta claims Goleta breached the HAA by returning the preliminary application without explanation. Disapproval must be justified with written determinations based on evidence if one of HAA's exemptions applies.
A copy of the amicus brief is available for public review.