The Millbrae City Council approved an extension of an urgency ordinance approved in December aimed at restricting housing developments expected as a result of Senate Bill 9, a state law that took effect at the beginning of the year allowing for up to four units on formerly single-family only lots.
With the city’s emergency rules, a property owner wishing to develop two or more additional units on their property pursuant to SB 9 would need to deed restrict at least one unit to have below-market rate rents such that it would be affordable to residents who earn 80% or less of the county’s median income. The rule will likely hinder financial feasibility of using SB 9 to develop more than two units on a parcel.
The ordinance was slated to expire Jan. 30 but will now expire in December of this year. The council plans to work toward a permanent rule addressing SB 9 developments within that time. The permanent rule could continue the affordability requirement, add other fees to SB 9 projects or establish objective design standards.
Some other cities have established similar emergency rules in response to SB 9 following concern the law would lead to denser residential development, altering the character of historically single-family-home-only neighborhoods.
The council passed the extension, with Councilmember Anders Fung abstaining and remaining members of the five-person council voting yes. As an emergency rule, the ordinance requires a four-fifth vote. Fung previously expressed reservation toward the ordinance, indicating last year his support was contingent on the rule being only temporary.
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