Alameda County adopts 6th-cycle housing element after heated public comment over Fairview rezonings

Alameda County supervisors voted on Dec. 12 to adopt the county's 6th-cycle housing element and related zoning ordinance, approving staff'recommended rezonings and a new Housing Element Zoning Overlay despite intense public opposition from Fairview residents.

The action came after a staff presentation by Liz McElligot of the Alameda County Planning Department and Albert Lopez, the county's plan director, who described the 6th-cycle draft, a sites inventory that identifies 527 parcels (including rezoning of about 103 parcels), and a required rezoning strategy to meet a Regional Housing Needs Allocation (RHNA) of 4,711 units for 2023'2031. Lopez told the board the package is accompanied by an initial study and a mitigated negative declaration under CEQA and that staff has worked closely with the California Department of Housing and Community Development (HCD) through several review rounds.

The housing element, staff said, includes new programs such as a mobile-home park overlay, a Just Cause eviction ordinance, and other tenant-protection measures that HCD cited as necessary for certification. Staff warned supervisors that failing to adopt a compliant housing element could jeopardize regional grants (including roughly $9 million identified for the San Lorenzo Creekway Trail), MTC/ABAG transit-oriented funding, some homeless services funds, and could leave the county vulnerable to litigation and "builder's remedy" projects that meet state affordability triggers.

Public comment consumed nearly two hours. Dozens of Fairview residents repeatedly urged the board to remove Fairview parcels from the sites inventory or reduce proposed densities, citing narrow private roads (Star Ridge/Clover Road), limited water and sewer infrastructure, fire risk and evacuation concerns, and what many speakers described as inadequate notice and community engagement. "They are planning to put 153 homes in our community and bring over 300 vehicles of traffic. Impossible," said Bobby Clark, a Fairview resident who showed photos and a short video of local roads and topography and asked that those parcels be removed.

Other speakers—including renters' advocates, mobile-home residents and organizers—supported the draft, urging adoption because the element includes tenant protections and a mobile-home closure/conversion ordinance that would provide relocation assistance. Latrell Powell of Public Advocates and Lindsay Wright, a Del Rio Mobile Home Park resident, highlighted protections in the draft that they said would prevent displacement and help the county qualify for certain funding.

President Miley moved to refer the matter back to the planning commission and municipal advisory councils (MACs) for further work. County counsel advised that a formal referral with a 45-day cap was possible; that motion failed on a roll-call vote. Supervisor Carson subsequently moved to adopt the resolution, and the board approved the housing element resolution and the CEQA document on a 3-2 vote (Supervisors Marquez, Tam and Carson in favor; President Miley and Supervisor Halbert opposed).

The board also adopted implementing amendments to Title 17 (the county zoning code) to create the housing overlay and to set procedures for ministerial and limited discretionary approvals, with several staff-proposed amendments to require discretionary review for projects in the 9'1 units/acre range in certain areas. That ordinance passed by a similar margin.

The vote completes the county's local action steps. Staff said they will submit the adopted documents to HCD for final review and certification. If HCD certifies the element, the county will regain eligibility for certain regional funding and reduce its exposure to state enforcement or developer-driven remedies. If not certified, staff and counsel reiterated, the county risks funding losses, legal challenges, and the potential for some qualifying projects to proceed under state law.

What happens next: staff outlined a rapid procedural timeline (second readings, ministerial actions and submittal to HCD) and said the county will continue community outreach and finer-grained site review. Several supervisors encouraged additional MAC engagement and targeted follow-up for high-concern parcels in Fairview and Castro Valley.

Quotes from the meeting (representative) "This is turning off of 5 Canyons Parkway onto Starridge Road... Staff has said they can put 153 homes in our community and bring over 300 vehicles of traffic. Impossible." — Bobby Clark, Fairview resident "If we do not have a certified housing element, we could lose roughly $9 million for the San Lorenzo Creekway Trail and other regional funds." — Albert Lopez, Alameda County Plan Director "I'm not risk averse, but I'm not going to be reckless. We should be listening to our MACs and get more work done." — President Nate Miley

Ending The board's adoption sends the county's housing element and implementing zoning changes to HCD for review and positions the county to pursue related tenant-protection ordinances and a mobile-home overlay. Staff said they will continue to work with MACs and the planning commission on site-specific concerns and that additional technical work on CEQA and infrastructure will continue as projects return for permitting.