Just in!!!!! In what I’m calling the first SB 9 project, an architect just told me he filed today to use SB 9 to split a lot and have two homes on each lot - in Palo Alto! 4 homes where once will have been 1, all with a promise of great opportunity. A YIMBY/fair housing victory!!
SB 9 will work: I'm willing to bet the first SB 9 project is proposed in a place like Palo Alto on day one of the law going into effect (Jan 2022). I bet it will offer future residents great schools, good jobs, a healthy environment, and the promise of opportunity.
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Palo Alto, that's +3 for your RHNA right there.
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In order to count new or existing zoning towards low-income RHNA zoning, there are minimum densities required. If Palo Alto wants to claim SB 9 units are low-income, I think they'd need to provide some evidence. More likely, these would count as Moderate or Above Moderate.
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A city gets to count ADUs as low income housing, but other than that, I think a home has to BE low income housing to count as low income housing.
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Palo Alto has counted all ADUs as above-moderate since 2018, presumably so that they don't miss their above-moderate RHNA target (otherwise I think they would have) and end up subject to SB35 streamlining for units with 10% affordable housing.

Jan 4, 2022 · 9:37 PM UTC

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That trick won't work for the 6th cycle.
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