Here are the comments I delivered to the Planning, Land Use, and Sustainability (PLUS) Committee this afternoon. The outcome we are looking for from the Council is legislation that supports more small-lot development that is predictable and scaled to housing already in neighborhoods. The 80 Percent Rule does that.

Comments to PLUS Committee on April 1, 2014

When we originally worked on this issue with former Councilmember Conlin we had reached agreement on the principle that building more single-family homes was an important part of the City’s overall strategy to increase housing options and choices for individuals and families. Small-lot development is an important way to grow our city sustainably.

This proposed legislation does not reflect that principle. Instead what you have in front of you is an effort by the Department of Planning and Development to attenuate housing development in single-family neighborhoods. What we have here is more restrictive interpretation of the code that will make building more housing even more challenging. And then when builders find a way to build more homes, and neighborhoods complain, we’ll be faced with calls for even more restrictions.

The Benchview example is a perfect one. The facts about the Benchview project should matter:

• It’s smaller than it could have been under the code;
• It preserves an existing home on the site;
• It will create a smaller view impact than if the site was fully built out;
• There will be three homes on the site rather than two; and
• The project fits entirely within the “emergency” legislation passed in 2012

Yet this is precisely the kind of innovative building the staff proposal would thwart.

Please consider going back to where we left our discussion with Councilmember Conlin. The 80 Percent Rule we proposed has height limits, setbacks, and would provide predictability for neighborhoods, developers, and DPD staff.

The 80 percent rule would help recover some of the parcels lost to the regulations being considered. The new rule would eliminate the need for Type 2 for small lots. These lots already exist, and notice wouldn’t be an issue because people could know by simply doing the math what lots are buildable and which ones are not. If notice is truly a worry, DPD can send a letter at the time of permit issuance.

Thank you for your consideration.