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Council introduces narrow amendment to inclusionary housing ordinance to accommodate SB 9 lot splits

East Palo Alto City Council ยท September 10, 2025
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Summary

City Attorney John Lay told the council the change is a limited, legally required amendment to the city's inclusionary housing ordinance to facilitate SB 9 lot splits; the council waived the first reading and introduced the ordinance for a second reading.

City Attorney John Lay told the council the proposed ordinance is a targeted fix to allow compliance with state lot-splitting rules. "I was just simply stating that the ordinance is designed to amend the inclusionary housing ordinance to facilitate SB 9 lot splits, and that's it," he said.

Public commenters urged the council to protect the spirit of the inclusionary ordinance even as it makes this technical change. Francisca Guzman, an East Palo Alto resident who said she helped put Measure H on the ballot, told the council she opposed changes that could weaken protections against displacement: "I am opposed to the amendment of inclusionary housing ordinance." After brief council questions about timing and legal requirements, a motion to waive the first reading and introduce the ordinance was made and seconded; the council approved the motion and set a second reading in line with the five-day statutory requirement described by staff.

The change was described by staff as narrowly tailored to address SB 9 lot-splitting rules and not to alter the core inclusionary policy for households under 60% of area median income.