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Revisiting BOS 10-22-24 Meeting Agenda 5.1
Many things are very disturbing about this, not the least of which was Doug Teeter's announcing at the very end that the way this decision was made was unconstitutional and everyone bursting out laughing while Todd Kimmelshue said "Well done, well done" and Bill Connelly finally muttered, "it actually makes it easier". But, before we talk about the implications of this ammendment and how it can impact you, let's first give some context. The implications this amendment to Butte County Code chapter 20 subdivision ordinance California 23–0001 could have become clear when considering Gavin Newsom's highly unconstitutional SB3182 , authored by a suspicious Phil Ting and signed into "law" by Galvin Newsom on Jan 1 2021 , which robs homeowners of protections afforded to them by their homeowners' association CC&Rs and which were part of a contractual agreement when they bought their home. All codes, rules and regulations in the governing documents of a homeowners association are there to preserve the property value and the quality of life of all homeowners . SB3182 is a direct attack on that because it removes a homeowners association's ability to limit the amount of rentals that exist in their HOA. Then in 2024, Gavin Newsom signed a flurry of bills in 2024 that increase the number of Accessory Dwelling Units (ADUs) that can be built in the state. These bills include:
SB 1211: Increases the number of detached ADUs that can be built on multifamily properties. It also relaxes parking and development standards.
AB 2533: Creates new requirements for all local ADU ordinances.
SB 1077: Requires the California Coastal Commission and the Department of Housing and Community Development to create guidance for ADUs in coastal areas.
These bills, along with others, are intended to address California's housing crisis that has been intentionally created with the state and federally designed "wildfires" arson on neighborhoods. They are expected to take effect on January 1, 2025.
But even the Members of CAI’s California Legislative Action Committee (LAC) say that the law curtails self-governance by imposing uniform restrictions without considering an association’s unique situation. The LAC also argues that the law exacerbates the state’s affordable housing crisis by decreasing homeownership opportunities and making it easier for investors to buy homes to convert into long-term rentals.
Jeffrey A. Beaumont, an attorney with Beaumont Tashjian in Woodland Hills, Calif., and chair of the California LAC, says that associations could see an impact on resales and on homebuyers’ ability to secure federally backed mortgages if they are unable to regulate the percentage of rentals. It also brings challenges to boards in terms of rules enforcement, property damage, and increased maintenance, he adds.
(source: https://blog.caionline.org/california-hoas-must-reconsider-bylaws-that-limit-rentals/ )
Furthermore, these new ADU laws fast track the process for building ADUs so they reduce restrictions and standards from local agencies which could lead to structural quality and esthetic issues. The bills also make it easier to sell ADUs separately from the primary dwelling and prohibit local agencies from imposing local development standards that exceed state limits which can breach preexisting contracts for homeowners in an HOA.
Now back to the 10-22-24 Agenda 5.1 County initiated Code amendment to Butte County Code Chapter 20 subdivision ordinance amendment CA 23–0001 . When this agenda was brought up on October 22, 2024 a few months ago, it was very disturbing hearing Director Danilek of Development Services say that we have to align ourselves with the state. That means that now everyone's allowed to have "zero lot lines". Not only that, but they don't have to notify any neighbors when they're going to be building a structure right up against their fence or someone else's structure that's close to their own fence.
Considering everything else with the ADUs and the governor saying that HOA's cannot be an exception despite pre-existing contracts under which people bought their homes, this man seems dead set on forcing overcrowding and squalid tenant /landlord arrangements even in the quaintest of semi rural, suburban neighborhoods full of single family homes. He won't stop until every last place in America looks like a Third World country or is just an absolutely miserable and unsafe place to live.
Only he can live in a $9 million mansion with lots of space around him but you and I have to be next to an overly packed backyard full of tiny homes because some neighbor wants to stack tiny homes stacked up against your fence, so he can rent them out to God knows who . and now that landlords can't discriminate based on background checks, we will have no idea who's living next to us and our children!!!. This is how kids and pets disappear. This is how your house gets broken into when you are out of town over a weekend, or worse, while you're there in your house sleeping! This has got "DANGEROUS" written on it all over the place. This is a recipe for disaster. This is tyranny. Our board of supervisors should be standing up against this as well as our HOA attorneys.
Keep your eyes open Butte County. Stay awake, not woke. Until next time, be well, and God bless!
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