For projects like the proposed housing development that meet compliances with zoning, design and safety standards, officials don’t have the authority to deny the project based on subjective considerations such as its “fit” in the neighborhood.
Under California’s Housing Accountability Act, local governments are at risk of receiving state fines of up to $50,000 per housing unit if it’s found they acted to unlawfully obstruct the development of a qualifying housing project. If Oakland were found to violate this legislation, it could face up to roughly $20 million in fines, based on the project’s 415 proposed housing units.
“With this project, it’s really important that we hold the developer to the law, not give them any giveaways, not let them cut any corners, not give them any freebies, but that we also comply with state law,” said Unger.
California has made progressive housing legislation a priority over the past decade, most recently approving Assembly Bill 130 in 2025, which further streamlined criteria for housing development projects to make it easier for projects to qualify for ministerial approval.
“It was difficult to really find the reasons to deny a project discussion at a time when the state is really telling us we need to apply these laws in a liberal manner to develop as much housing as possible,” said Michael Branson, senior deputy attorney in the city’s Land Use and Planning unit.