"Nimby's" Win One

I am enjoying the gnashing of teeth I hear from the SF Comicle and various other development addicts and so-called affordable housing advocates over the recent court ruling in favor of the city of San Mateo and its well-established building code.  Judge George Miram is leading the race for Person of the Year as the Daily Journal reported

An effort to take legal action against San Mateo for the City Council’s decision to reject a proposal to build a 10-unit condominium building off El Camino Real in 2018 hit a stumbling block earlier this month when a judge ruled the city did not violate the Housing Accountability Act when the council denied the project’s approval based on height differences between properties.

City Attorney Shawn Mason has alleged the city’s decision regarding the project near El Camino Real and West Santa Inez Avenue is defensible because the proposed development objectively violated the city’s multi-family design guidelines aimed at smoothing height differences between properties with transitional features, such as setbacks.

“This court finds that the city of San Mateo is a charter city whose charter fully incorporates the home rule doctrine and that the approval of the instant residential housing project is an appropriate exercise of municipal affairs,” wrote Miram in the denial. “Furthermore, this court finds that to the HAA is unenforceable to the extent the HAA conflicts with or purports to disregard otherwise enforceable portions of the city’s Municipal Code regarding review of housing development projects.”

That ruling has set off a firestorm of criticism from the housing fascists who want the biggest, cheapest, densest buildings built the fasted wherever some developer can acquire a lot.  The Gavinor is apparently one of them now along with all of the usual suspects.  The SF Comicle followed up its "news" piece titled "Ruling may undercut law on housing: Judge says San Mateo can ignore California statute" with an editorial today that starts and ends with some gibberish about "objective standards" that show a crisis--one that they help manufacture with a steady stream of name-calling, narrowly-edited statistics and a refusal to admit the basic economics of bad policies like rent control.  And yes, I do realize I am fighting fire with fire on the name-calling.  Bottom Line:  We should be thankful there is at least one judge willing to reinforce the obvious and stand up for local control.

P.S. If Laura's comment on the Lyon Hoag Emergency post is accurate (I have no reason to doubt her) and the developer has scratched that approved project at Bayswater and Myrtle  perhaps the development addicts will realize over-in-filling the Peninsula is even more complicated than they think.  Anyone care to speculate on whether the latest rent control statewide law or the return of even more stringent ones next election may have played into the decision?  Here's the now empty Hower Auto lot.

Comments

[Cassandra]

One sure way to make the housing stock in Burlingame affordable is to mess up the housing situation so badly that no one wants to live here anymore. That’s why people work hard- in order to move to better neighborhoods. It doesn’t make sense to make our neighborhood “unbetter.”

[Ok boomer]

What kind of persecution complex does it take to ignore 59 years of winning and brag about the nimbys finally winning one. Clearly, a Brulingame conservative.

[Joe]

LOL. What kind of intellect does it take to choose a screen name that is already out of fashion to make a point that is both clownish and, of course, wrong.

I'm guessing you aren't living on West Santa Inez next to this BS project's site. If you were you wouldn't think of it as bragging so much as breathing--a sigh of relief.

And only a clueless parental garage room dweller would think that the mid-Peninsula liberals aren't as concerned as everyone else. Thanks for weighing in without any weight.

[Surfin' on Mommy's WiFi]

“OK Boomer’s” so lame
Just the same ole same
SOS on a shingle
Is his only jingle
Born in the Burlingame bubble
Didn’t know you hit the Daily Double

Skating on a Blue Line check’s
Your idea of trouble so street
But your Venmo is now deplete

Looking down at the math nerds
At Mills, BHS and the SMHS turds
Now the nerds are ruling
While the WiFi poachers are drooling
Blame the Boomers cuz you coasted
Went to Washington Park to get toasted

Thought it was gonna be cool
Mom seemed like a fool
Dad kept asking what if?
But what does he know?
He’s just a Boomer stiff

[Barking Dog]

Ok Boomer doesn't even know where West Santa Inez is without having to look it up on Google Maps.

[Thx]

Would you friggin idiots shut TF up. You sound like 2 year olds.

[Paloma Ave]

Thx - Be specific about who you be talkin bout.

[Barking Dog]

Typical, another keyboard tough guy.

Thx...open invitation to meet and have you say that to my face. Bring your buddy Mike Dunham too, as he is a keyboard tough guy like yourself.

You two would quickly realize you F'ed with the wrong Marine.

[Joe]

OK, everyone. Back to the topic at hand, please. Signed, 90 lb keyboard weakling :-)

[Barking Dog]

Apologies Joe.

[Joe]

Accepted, totally.

[[email protected]]

If I would have known years ago that I could Challenge "Posters" to MMA/Face to Face "Fights" I would have invested in a "Cage" in my backyard.
Broadcasted on the COB WEB.
That would be AWESOME!
If this keeps up I may start to consider building an MMA Cage in my empty swimming pool.

[laura]

Just received some updated information. What I was told, wasn't actually correct. Sorry about that and wanted to correct it as soon as I found out. Joe, perhaps you should have doubted me! The main developer, FORE, is still in the game with the Myrtle and Bayswater project. It was their investment Partner that pulled out of the project due to cost over runs. The cost overruns, more than likely took the project out of their performa numbers. The primary developer is still trying to find another investment partner, but as it stands right now, they have not secured one. So Primary developer still hoping to proceed with what was designed, just on hold for the moment while they try and find another investor. An option could be to sell the permitted project as is to a developer that could self fund.

[slow-poke]

I'm a little slow on this topic. Has the developer pulled out of building the apartments on Myrtle and Peninsula? Those old cottage-style homes were bulldozed for nothing?
Any super-rich people out there want to buy that lot and build a nice park for Bgamers?

[Joe]

Thanks Laura. I would just love to see the spreadsheet behind that decision to pull out :-)

[Joanne]

Now watch that land sit empty for who knows how long!

[David]

Can't help but wonder if the investor pulling out of the Myrtle/Bayswater project is the sound of a balloon deflating. I've seen several houses built on spec in both Burlingame and Hillsborough sit on the market for a few months or longer. To Joe's point, you have to wonder what wasn't penciling out.

[Joe]

You don't have to look too far to see who besides Scott Weiner wants to ruin the livability of the mid-Peninsula:

California Attorney General Xavier Becerra has intervened in a San Mateo lawsuit he contends involves the state’s ability to provide affordable housing — but the city says the case deals with a 10-unit condominium development off El Camino Real that doesn’t meet municipal standards.

Gov. Gavin Newsom said in a statement Tuesday that he asked Becerra to add the state as a party in a legal challenge to a San Mateo County Superior Court ruling.

The attorney general said the accountability act is a state law enacted in 1982 because inadequate access to housing is a critical problem that threatens economic, environmental and social quality of life.
----------------
What a load of bunk.

https://www.smdailyjournal.com/news/local/ag-intervening-in-san-mateo-housing-case/article_2a1a7064-3750-11ea-a28b-633b7eaea694.html#utm_source=smdailyjournal.com&utm_campaign=%2Fnewsletters%2Fheadlines%2F%3F-dc%3D1579100405&utm_medium=email&utm_content=headline