Millbrae eyes emergency housing rules

“I think it’s very clear right now affordable housing is a huge need for us in Millbrae,” said Councilmember Reuben Holober, who requested the ordinance be explored. “One of the biggest flaws with SB 9 is that it does not guarantee that a single affordable unit will be built.”

The emergency rules would additionally stipulate that accessory dwelling units could not be built on divided properties, an option that could allow an additional unit on each new lot. They would also require new homes be built more than 4 feet from property lines, the maximum setback the city can require per the state law. 

SB 9, passed earlier this year in response to soaring housing costs and the reluctance of some cities to allow for residential growth, has proved unpopular among many city councils on the Peninsula, including Millbrae’s, that have viewed the law as usurping local land use control. 

And in addition to doing away with “decades of careful community-based planning,” Holober said he believes the law will actually increase the cost of housing by eliminating existing affordable homes. The median selling price for single-family homes in Millbrae is $2.1 million, according to the San Mateo County Association of Realtors. 

“The few more-modest homes in Millbrae, the three-bedroom ranch homes that are still out there, will be gone fairly soon if SB 9 goes into effect as written,” he said.

SB 9 does carry many stipulations of its own; parcels not already in urban areas cannot take advantage of the rule, nor can those within historic and environmentally sensitive districts. Those who redevelop a lot must also live in one of the new units for at least three years from the time of submitting an application.

Millbrae’s ordinance will last for 45 days unless extended, in which time the city plans to establish permanent, more comprehensive rules. Several other cities are eyeing or have passed similar temporary legislation, including Cupertino, Fairfax and Los Altos Hills, and many more will likely create permanent rules later next year. 

Los Altos Hills’ rules require that new units, in addition to only allowing low-income residents, not be larger than 800 square feet and properties must contain certain hedges. Some expect such laws, which could limit the profitability or feasibility of utilizing SB 9 to develop housing, will spark legal challenges from developers.

“We’ve been following some of the other urgency ordinances,” said City Manager Tom Williams. “Although there’s been no litigation filed, there are some rumblings that it will be filed.”

According to Aaron Eckhouse, regional policy director for nonprofit California YIMBY, there are likely “a number of legal defects in these ordinances.” He said YIMBY Law, a separate organization, had already begun sending letters warning of lawsuits, one of which caused the city of Campbell to reverse course on an emergency ordinance. 

According to state law, emergency or urgency ordinances should be enacted only in the event of “legislative findings that there is a current and immediate threat to the public health, safety or welfare.”

And regardless of legality, said California YIMBY spokesperson Matthew Lewis, resistance to SB 9’s intent of creating moderately denser housing not only worsens the housing crisis, but increases tensions between state lawmakers and local governments — some of which are already running high.

“I don’t think it’s mysterious, there’s no way to do a 50% affordability requirement on a duplex, nobody builds those, they don’t exist,” he said. “This is sending a signal to the state Legislature that they haven’t gotten strict enough.”

The Millbrae City Council will vote on a finalized ordinance next week. Emergency ordinances require a four-fifths vote; four councilmembers Wednesday indicated their support with Councilmember Anders Fung abstaining.

corey@smdailyjournal.com

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