Wednesday, January 19, 2022

Senate Bill 9 (SB9) The End of Exclusionary Housing

You've probably heard by now the fear messaging that proponents of a land use ballot initiative are trying to fill your heads with. Something like developers are going to tear down the homes next to you, build multi-story/multi-unit buildings, and (of course the loudest of them all) demolishing homes on your block. Their main objective is anti-development, when we should be focusing on creative ways for housing all generations, and breaking down barriers to renters and home ownership. (As of 2/18/2022- With only 100K signatures collected and 1 million needed by June 2022, the California NIMBY Land Use Ballot Initiative which would gut fair and affordable housing laws, as well as environmental and other land-use laws, is officially dead for at least the next two years according to a press release from the proponents of the ballot initiative.)

It's another Southern California based organization that has promoted anti-development measures in the past. This ballot initiative was reviewed by the California League of Cities (if that's the organization you follow for advocacy) and they chose to not take a position because of the unintended consequences. Organizations that support SB9 and SB10 are Silicon Valley Leadership Group, SV@Home, Bay Area Council, Local Government Commission, Santa Clara County Association of Realtors (SCCAOR), California Association of Realtors, Cal Chamber, and the Santa Clara County Democratic Party.

SB9 isn't going to drastically change the way you see single family neighborhoods in Gilroy. It's an important law that will continue to break down barriers that exists to renters and home ownership. SB9 allows duplexes on lots currently zoned for single family use only. If your lot is big enough you can split it, and then build up to two units on each of the lots. SB9 contains important protections against displacement of existing tenants. City of Gilroy has many examples of properties where we used to do this many decades ago before 75% of our city became zoned for single family homes. You can use Accessory Dwelling Unit (ADU) state law and place one of those units on your lot too. The City of Gilroy has established objective design standards for SB9, that went through a public hearing and City Council approval in December 2021. 

SB9 is using existing land, allowing residents to age in place, supplement their income, provide generational wealth, and add some modest density. It won’t place anymore stress on parking or infrastructure because it’s infill and we have room. It’s the same as if large homes and lots were to have a huge family living in it. All school districts around us could use the enrollment numbers since they are experiencing declining enrollment and closing schools. Established parks can handle an increase and so can the roads. My neighbor is planning to utilize SB9 to build a duplex and build an ADU on their property. They want to age in the neighborhood that they raised their kids in, and one that’s walkable/bikeable to all services around us. They don’t need all the space on their property any longer.

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According to a study out of the UC Berkeley Terner Center, they created a breakdown of the possible single family lots in Gilroy that would be available to use SB9. In Gilroy we have 11,700 single family homes. 11,600 are eligible for SB9, but only 1,100 of those lots would be feasible new units that could come on the market. SB 9 is smart growth that promotes infill and not sprawl, all while utilizing the current infrastructure that we have. 

As you may know, California has a statewide housing shortage of nearly 3.5 million homes. Low and middle income households face historic rent burden in Gilroy, and the problem worsens by the day as middle-income households move into naturally affordable housing previously occupied by low-income renters. This is forcing these households to move further away from their jobs, and in some cases, onto the streets. Undersupply of “Missing Middle” housing, or medium density housing near jobs and transit, is one of the key factors contributing to the displacement and rent burden of Californians across the state.