Rural density will be at the forefront in the upcoming hearing on October 29th at the Board of Supervisors regarding their proposed SB9 policy which has direct bearing on the development potential of rural parcels which are currently constrained from the benefits of the program. Planners are currently able deny applications on a discretionary basis when they contain what the County deems an environmentally sensitive habitat, such as when a parcel backs up to a riparian corridor. Following are some counterpoints to this policy that were recently provided to me by a local land-rights proponent that I am providing here for anyone interested:
The county's SB9 plan is going to the board of supervisors for approval on October 29th and below are a couple of restrictions they have added that seem counterproductive to a plan intended to promote more affordable housing. Anyone who would like to be heard on this matter can write a letter to their supervisor and or attend the meeting asking that they modify the proposed plan along these lines:
That a site is deemed ineligible if it has any trace of an environmental sensitive habitat. This is not my interpretation of the State law and is more restrictive than conventional land division policies. In conventional land divisions the environmental sensitive areas are protected and excluded from development. SB9 is intended to facilitate housing, not make it more difficult.
The County Planning Commission has recommended adopting the 1,200 SF maximum size for any structure built in association with a SB9 land division. Housing proponents believe the size of the unit should be relative to the size of the parcel. Using a FAR (Floor Area Ratio) is a widely accepted approach, and it has been suggested to allow 1,200 SF max size for newly created parcels via SB9 that are between 1200 SF and 2,400 SF. For parcels above 2,400 SF and less than 3,200 SF, the max size of a unit would be 50% of land area-FAR of 50%. For parcels from 3,201 SF to 6,000 SF the FAR would be 40% with a max size of 2,400 SF. For parcels larger than 6,000 SF.
The State legislators recently passed SB450, and it was signed into law by Governor Newsome. SB450 eliminates both of these concerns below, and requires that all SB9 applications be reviewed only with Objective Standards, based on the underlying zoning of the site. There are a few minor, and beneficial, adjustments to this like reduced setbacks that are clearly stated in the bill, but that is the general overview.
Since this bill is slated to become effective on January 1, 2025, it will immediately make the County's SB9 ordinance more clearly illegal and void. That being said, many concerned homeowners and housing professionals are planning to go to this hearing to speak up to help encourage the Board to consider viewpoints such as the ones given here. The hope is that the County instead adopt a policy that is in concert with SB450, not what they have currently drafted.
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