Save Gilroy’s Greenbelt, Smart Growth from Threat
/Development should not outpace resources. That is what “smart growth” is about.
Resources may include:
Availability of clean water / drought safeguards.
Emergency service response time.
Proper transit and road infrastructure.
Considerations for the health of natural and cultural environments.
Open space for agriculture, clean air, and recreation.
Fire, flood, and landslide safeguards.
Zoning laws designed to support the integrity of all of the above.
Just to name a few.
Some developers, however, are applying to build subdivisions in areas not zoned for building.
These areas may be in a flood zone or hazardous fire area. They may be unlikely to connect to city water or sewer, and be difficult for providing police and fire protection. Near Gilroy, applications have been filed for 3,902 housing units on 798 acres of working agricultural lands. This includes 1,632 homes in in a FEMA floodplain south of Gilroy on hundreds of acres of fertile farmland on the banks of Uvas Creek which is habitat for threatened steelhead trout. Such developments pose a risk to people, agricultural resources, and the environment.
Applications like above, to build in areas not zoned for building, are made possible by an abuse of a policy known as “builder’s remedy”. In an effort to secure balanced supplies of housing types, cities and counties are required by the state to submit a housing plan (known as a "Housing Element”). The abuse of the policy by some developers is happening when they apply for building permits during the lag-time between a city/county’s timely submission of their housing plan, and its final approval, which can take months. The lag-time gives developers a loophole to take unfair advantage.
Other unfair builder’s remedy applications have been made in Morgan Hill, with 3,171 housing units proposed on 545 acres, as well as throughout rural Santa Clara County, and our neighbors in San Benito and Monterey counties.
Members of Gilroy Growing Smarter have contacted both State Senator Dave Cortese and Assembly-member Robert Rivas to encourage action to protect city and county lands from falling victim to unbridled development and sprawl due to this unfair loophole. Our appointment with Senator Cortese concluded with him willing to look into the matter at the state office of Housing and Community Development (HCD). As of this post, GGS is still trying to get an appointment with Assembly-member Rivas.
How Can You Help?
Please email or call our state senator and assembly-member. Tell them to please close the loophole so developers can’t use "builders remedy" when a city or county housing element is submitted and under a review-and-revision cycle with the state.
This loophole being used by developers is unfair to the voters, and the integrity of our local zoning and planning that the voters help shape in our cities and counties.
Please email or phone:
Senator Dave Cortese
Email: https://sd15.senate.ca.gov/contact
Phone: 1-(916) 651-4015 or 1-(408) 723-4154
Assembly Speaker Robert Rivas
Email: https://speaker.asmdc.org/contact-me
Phone: 1-(916) 319-2029 or 1-(831) 759-8676
Sincerely,
The Executive Committee of Gilroy Growing Smarter