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Bay Area Council Amicus Brief in Support Of I HANSON BRIDGETT LLP KzuSTINA D. LAWSON (SBN 221131) 2 cHzuSToPHER A. RHEINHEIMER (SBN 2s3890) coLE A. BENBOW (SBN 31 1 I 18) Ja 425 Market Street, 26th Floor San Francisco, California 94105 4 Telephone: (415)777-3200 Facsimile: (415) 541-9366 5 Attorneys for Amicus Curiae BAY AREA 6 COLTNCIL, ET AL. (see List of Amicus Curiae) 7 IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SANTA CLARA 9 10 FRIENDS OF BETTER CUPERTINO, Case No.: 18CV330190 ' 11 KITTY MOORE, IGNATIUS DING, ANd PEGGY GRIFFIN, BAY AREA COUNCIL, ET AL.'S NOTICE 12 OF APPLICATION AND APPLICATION Petitioners, FOR LEAVE TO FILE AMICUS BRIEF 13 IN SUPPORT OF REAL PARTY IN v INTEREST; BRIEF OF AMICUS CURIAE t4 CITY OF CUPERTINO, GRACE SCHMIDT, [Filed concurrently with the Declaration of 15 and DOES 1-20 inclusive, Christopher A., Rheinheimer.l r6 Respondents Date: October 4,2019 Time: 9:00 a.m. I7 Courtroom: 10 Judge: Hon. Helen E. Williams 18 Action filed: June 25,2018 19 20 VALLCO PROPERTY OWNER LLC, and DOES 1-20-inclusive, 21 Real PartY in Interest. 22 23 24 25 26 27 28 Case No.; 18CV330190 PARTY IN INTEREST I 5563419.14 BAY AREA COUNCiL, ET AL.'S AMICUS BRIEF IN SUPPORT OF REAL I LIST OF AMICUS CURIAE 2 1. Bay Area Council J 2. Bay Area Housing Action Commission 4 J. First Community Housing 5 4. Habitat for Humanity 6 5. Housing Leadership Council San Mateo County 7 6. Housing Trust Silicon ValleY 8 7 Joint Venture Silicon Valley 9 8. Nonprofit Housing 10 9. The Redwood City-San Mateo County Chamber of Comrherce 11 10 Silicon Valley At Home T2 11 Silicon Valley Leadership GrouP 13 12 The Silicon Valley Organization t4 13 YIMBY Action 15 t6 t7 18 19 20 2I 22 ZJ 24 25 26 27 28 -1- Case No.: 18CV330190 IN INTEREST 15563419 14 BAY AREA COUNCIL, ET AL.'S AMICUS BRIEF IN SUPPORT OF REAL PARTY 1 TABLE OF CONTF],NTS 2 BRIEF OF AMICUS CURIAE BAY AREA COLTNCIL, ET AL. J I. INTRODUCTION AND SB 35 BACKGROUND 4 II. ARGUMENT 5 A sB 35 Promotes Affordable Housing without overriding or Preempting 6 Local Decision-Making Authority' 5 7 1. sB 35 Streamlines Affordable Housing By Limiting Discretionary Review, While Respecting Local Objective Standards'...'.... 5 8 ) The Project Is Consistent with the Purposes of SB 35 and All 9 Applicable Objective Planning. Criteria.'.........ri.....' 7 10 B The city's Argument Regarding the Project's Purported_Impact on the Jobs/Housing-Imbalance Is Subltantively Irrelevant and an Example of 11 Local Attitudes Rejected by SB 35. ..'....'.... .....8 T2 III. CONCLUSION. ...10 13 I4 15 r6 l7 18 r9 20 2l 22 ZJ 24 25 26 27 28 1 8CV3301 90 -11- Case No.: iN INTEREST 15563419.14 BAY AREA COUNCIL, ET AL.'S AMICUS BRIEF IN SUPPORT OF REAL PARTY 1 ABLE OF A 2 Page(s) J Statutes 4 Cal. Gov't Code 6s913....... 5 $ $ 6sei 3(a)(1)............... 6 $ 6se13.4(1) $ 6se 1 3.4(a)(a)(B)(ii).. 7 $ 6se 1 3.4(b) ........... $ 6se13.4(bXlXB). 8 $ 65e13.4(bX2)....... 9 $ 6sel3.4(bx5)....... $ 6se I 3.a(c)(l )....... 10 $ 6s913.4(cXlXB). $ 65e13.4(l) i1 Other Authorities T2 Alejandro Lazo, Homelessness Grows in Califurnia Despite New Government 13 Spending, Wall Street Journal (June 7,2019) ...1 0 l4 Brian Uhler & Justin Garosi, California Losing Residents Via Domestic Migration, ...........10 15 Legislative Analyst' s Offrce (F eb. 21, 20 1 8)'... I6 Chris O'Brien, Cupertino gives final approval to Apple Campus 2,Los Angeles Times (i'{ov. 20,2013) ...17 t7 Elijah Chiland, Here's How Serious California's Housing Shortage Has Gotten, 18 Curbed Los Angeles (Mar. 4,2016)...' 19 Elizabeth Chou, This affirdable housing bill signed by Gov. Brown could be a News (Oct.23,2017)..'..-.. ...t2 20 NlMBy-killer in LA,Los Angeles Daily 2l Mac Taylor, The 2016-17 Budget: Considering Changes to Streamline Local Housing Approvals, Legislative Analyst's Office (May 18, 2016)........'....' ..........14 22 Mac Taylo r, Califurnia's High Housing costs: causes and conseqLtences, 23 Legislative Analyst's Office (March 17, 2015)-. ...........10 24 Matt Levin,5 Reasons california's Housing costs Are so High, KQED News (May 4,2018)... ...........9 25 Housing Gap (Oct. 26 McKinsey Global Institute, A Tool Kit to Close California's 2016)........... 9,77 2l Metropolitan Transportation Commission, Memo - Proposalfor Second Round of 28 One Bay Area Grant Program O{ov. 12,2075).............. ..16 -111- Case No.: 18CV330190 15563419.14 BAY AREA COUNCIL, ET AL.'S AMICUS BRIEF IN SUPPORT OF REAL PARTY IN INTEREST I O'Neil, et al., Gening it Right: Examining the Local Land Use Entitlement Process to Inform Policy and Process, Center for Law, Energy & the Environment 2 Publications, 16 (Feb. 2018) ....... 13 3 Perry, et al-, Missing the Mark,Next Ten, 5 (Feb. 2019)'..'.... ......9, 10 4 Rachel Swan, Public health problems in Oakland linked to housingcrisls, San (Sept. 2016)... 5 Francisco Chronicle I, (Jpdate, 9 6 Realtors, Califurnia Housing Market May 2019 (May 2019) 7 Sara Kimb erlin, Californians in All Parts of the State Pay More Than They Can Affirdfor Housing.. 9 8 Scott Wiener, Statement on the Release of List of SB 35 Streamlined Cities (Feb. 1, 9 2018).............. 1l 10 Thy Vo, Vallco project: Cupertino accused of trying to sink housing plan, Mercury 17 11 News (June 18,2019) 12 13 14 15 16 77 18 I9 20 2I 22 23 24 25 26 27 28 -lv- Case No.: 18CV330190 t5s63419.14 BAY AREA COUNCIL, ET AL.'S AMICUS BRIEF IN SUPPORT OF REAL PARTY IN INTEREST 1 N ON AND APPLICATION 2 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD: Ja The Bay Alea Council, Joint Venture Silicon Valley, Silicon Valley Leadership Group, 4 The Silicon Valley Organization, Silicon Valley At Home, YIMBY Action, San Francisco 5 Housing Action Coalition, Housing Leadership Council of San Mateo County, Housing Trust 6 Silicon Valley, Non-Profit Housing Association of Northern Califomia, First Community 1 Housing, and Habitat for Humanity EastBay/Silicon Valley file this application for leave to file a 8 brief amicus curiaein support of Reai Party in Interest Vallco Property Owner, LLC, in the above- 9 captioned case. The proposed amicus brief is attached to this motion. It is 10 pages long, and its 10 consideration thus will not unduly burden the Court or the parties. 11 Applicant Bay Area Council is a business-sponsored, public policy advocacy organization I2 for the nine-county Bay Area. The Council proactively advocates for a strong economy, a vital 13 business environment, and a better quality of life for everyone who lives here. Its membership t4 includes an ar.:ay of prominent businesses with longstanding ties to the region. The Council works 15 with local political and civic leaders to address issues of importance, focusing on policies that 16 promote the economic health of the region. 77 Applicant Joint Venture Silicon Valley is abusiness organization that provides analysis 18 and action on issues affecting the region's economy and quality of life. The organizaionbrings 79 together established and emerging leaders-from business, government, academia, labor and the 20 broader community-to spotlight issues and work toward irurovative solutions. 21 Applicant Silicon Valley Leadership Group, founded by David Packard of Hewlett 22 Packard, is a diverse public policy association of more than 360 dynamic companies shaping the future innovation economy of Silicon Valley, the Bay Area, and the nation. Through collaboration 24 between a broad range of companies, the organization works to find solutions to issues 25 effecting the Bay Area's economic vitality and quality of life. 26 Applicant The Silicon Valley Organization is the region's largest chamber of commerce 27 and is made up of a community of 1,200 businesses and 300,000 employees throughout greater 28 Silicon Valley. By undertaking activities such as community engagement, economic development, -1- Case No.: 18CV330190 BAY AREA COUNCIL, ET AL.'S AMICUS BRIEF IN SUPPORT OF REAL PARTY IN INTEREST best place to live, work, 1 and advocacy, the organization works toward making Silicon Valley the 2 and do business. Ja Applicant Silicon Valley At Horrie is a non-profit and member organization that advocates 4 for policies, programs, land use, and funding that lead to an increased supply of affordable 5 housing. The organi zatroneducates elected officials and the community about the need for 6 housing and the link between housing and other quality of life outcomes, including education, 1 health, transportation, and the environment. 8 Applicant YIMBY Action is an organizationthat empowers colrununity members to 9 advocate for affordable and market rate housing, with the goal of bringing do'wn the cost of 10 housing in opportunity-rich cities. Its methods for bringing about improved housing conditions of all 11 include direct engagement with community members, political activism, and education T2 citizens about the causes of and solutions to the current housing crisis. 13 Applicant San Francisco Housing Action Coalition is a mernber-supported non-profit I4 organization that advocates for building new well-designed, well-located housing at all levels of of 15 affordability. By connecting various stakeholders, the organization has created a strong alliance policy, t6 businesses , organizations, and individuals who work together to support smart housing 17 transit-oriented development, and creative solutions to keeping housing affordable in San 18 Francisco. organizatton 19 Applicant Housing Leadership Council of San Mat'eo County is a membership 20 that was founded to build a network of people who support the development of new housing, 2l particularly affordable housing, and to advocate for policies that address the root causes of the and 22 housing shortage.
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