If the City stopped projects in the past, why can’t we “pause” applications now?

The Question: The City took legal action to stop the Blu Haven project. Why can’t we do the same now to slow things down?

The Context: The planning framework and legal landscape in California has changed significantly in the last 20 years, and have imposed various demands upon cities and limits to their local control. Under the Housing Accountability Act (SB 330), cities are strictly prohibited from a “moratorium” (pause) on housing applications. In the specific situation of the Blu project by Haven, the property they were proposing to build on is not currently in the city limits, but only in the City’s Sphere of Influence. Therefore, any development of the site would necessitate annexation into the City, as well as other entitlements. The City explained to the developer that SB330 is not applicable when a property is not within city limits since the City does not control annexation, and it ultimately would require a tax sharing agreement with the County as well as LAFCo approval. The developer did not agree and continued to file its SB330 application with the City. The City evaluated its options and chose to seek injunctive relief from a court confirming that SB330 was not applicable for that specific situation. Ultimately, the court agreed with the City that SB330 was not applicable or valid to use in annexation situations. The application was then withdrawn.