Clovis Commission Approves Affordable Housing Rules to Settle Lawsuit

The Clovis Planning Commission has unanimously approved new developer requirements that implement a settlement reached Feb. 20, 2024, in a lawsuit filed by housing advocate Desiree Martinez, and the Clovis City Council unanimously approved the agreement, city and advocacy filings show. The rules require many market-rate projects to include affordable units and create incentives - including deferred developer fees - intended to speed construction of qualifying projects across the city.

Under terms detailed by the Public Interest Law Project and reported by local outlets, the city agreed to establish a Local Housing Trust Fund seeded with at least $1.8 million to support affordable housing developments, rezone infill parcels to accommodate roughly 1,300 multi-family units, and adopt an inclusionary zoning ordinance requiring up to 10% of units in almost all new housing projects to be affordable to low-income families. The settlement also calls for dedication of multiple city-owned sites to affordable housing and a development impact fee-deferral program for qualifying projects. The Fresno Bee additionally described the deal as opening the door for up to 3,000 new home opportunities and said the city will raise allowable density in R-3 zones from 15 units per acre to 20 units per acre.

Patience Milrod, attorney on the Martinez team, called the Feb. 20 settlement "historic" and said, "This is a big step forward for the region and towards accommodating all the families that are in desperate need of housing." Pilpca described the outcome as "A landmark victory for affordable housing in Clovis," crediting Martinez and attorneys at the Public Interest Law Project, Central California Legal Services, and the Law Office of Patience Milrod for pursuing the case.

Local officials and advocates differ in how they count the settlement's components. Fresnoland reported the city committed to five concessions following the litigation, while the Fresno Bee summarized six key changes in the agreement; PILP’s public summary lists multiple specific commitments. The settlement materials cited both a rezoning capacity of approximately 1,300 multifamily units and a separate characterization of "up to 3,000 new home opportunities," a numerical discrepancy that city documents will need to resolve.

Implementation work is already under way. Fresnoland reports a Mandatory Inclusionary Zoning Ordinance - referred to as the MIZO - is a central element, and an unnamed McCollum said at a public meeting that successful implementation of the MIZO would leave the city with only one remaining commitment to satisfy under the settlement. City and planning records to confirm parcel maps, the exact scope of the inclusionary requirement, the schedule for the $1.8 million trust fund, and the eligibility rules for fee deferrals have not yet been posted in full; the settlement text, City Council minutes, and Planning Commission staff reports will provide the definitive details.

The lawsuit that launched the process was filed in 2019, and the California Fifth District Court of Appeal ruled for Martinez in 2023 before the state Supreme Court declined further review, setting the stage for the Feb. 20 settlement and the policy changes Clovis officials are now moving to implement.