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HomeMy WebLinkAboutOrd 1302-2001ORDINANCE NO. 1302-2001 AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO EXTENDING THE MORATORIUM ON APPROVAL OF NEW LAND USE ENTITIJEMENTS AND RELATED BUILDING PERMITS FOR LOW, MEDZUM AND HIGH DENSITY RESIDENTIAL DEVELOPMENT FOR 180 DAYS PENDING AMENDMENT OF THE ZONING CODE REQUIRED TO IMPLEMENT POLICIES IN THE HOUSING ELEMENT OF THE GENERAL PLAN AND MAKING FINDINGS RELATED THERETO. The City Council of the City of South San Francisco does ordain and adopt as follows, as an interim ordinance under the provisions of Government Code § 65858: SECTION 1: FINDINGS Ao This ordinance is deemed necessary for the reasons described below and in order to achieve the purposes stated herein. The City of South San Francisco's certified Housing Element, adopted in December 1992, provides for the development of affordable residential housing for all economic sectors of the community. Ir_ March of 2001, the Association of Bay Area Governments (ABAG) released its housing allocation numbers, which allocate housing units to the City based on estimated jcb growth. The City is required by law to incorporate its housing need numbers into an updated version of its General Plan Housing Element. On September 26, 2001, the City Council waived reading and introduced an amendment to the Zoning Code titled "Inclusionary Housing Requirements," which, if adopted, would have required residential development to provide affordable housing units. Eo At the public hearing on September 26, 2001, the City Council, after considering public comments and the recommendation of the Planning Commission, established a sub- committee consisting of Planning Commissioners and Councilmembers to further consider the impact of imposing affordability requirements on new residential development. The City Council is aware that during this planning process property owners within the City might seek permits to construct low, medium and high density housing which does not include sufficient affordable units to meet the needs of existing and future residents and that fails to further the goals for affordable housing in the Housing Element of the General Plan and may prevent attainment of the affordable housing units allocated to tl:_e City. Go The City Council has determined that the approval or construction of such low, medium and high density housing in the City pending further consideration of the Inclusionary Housing Ordinance could adversely impact the City's efforts to comply with state requirements for affordable housing. On July 11, 2001, the City Council adopted a forty-five (45) day moratorium on the approval of any applications and permits for new low, medium or high density residential development, pending completion of an Inclusionary Housing Ordinance. On August 22, 2001, the CittYh Council extended the moratorium for an additional ninety (90) days. On September 26 , 2001, the City Council amended the interim ordinance to reflect the affordability requirements contained in the draft Inclusionary Housing Ordinance. The ninety day extension will expire on November 20, 2001, unless the interim ordinance is further extended as provided by this Ordinance. Ko The City Council has determined that the sub-committee requires additional time to consider the pending Inclusionary Ordinance and desires to extend the interim ordinance for one hundred and eighty days (180 days) in order to provide the sub- committee sufficient time to consider the Inclusionary Ordinance. SECTION 2: PURPOSE mo T'te purpose of this ordinance is to protect the public safety, health, and welfare from a current and immediate threat posed by the potential approval of land use entitlements including, but not limited to, Planned Unit Development Permits, Conditional Use Permits, Variances and Tentative Maps and/or Building Permits for low, medium and high density residential development on any legal parcel of record within the City while the City considers an Inclusionary Housing Ordinance designed to provide affordable housing units in all new low, medium and high density residential developments for the use of existing residents and employees of businesses located with the City. Tae City of South San Francisco has prepared a draft Inclusionary Housing Ordinance that addresses the goals of the Housing Element and ABAG housing unit allocation and h~_s begun work on updating the Housing Element of the General Plan. Land use er.titlement approvals and/or building permits for low, medium and high density multi- family residential development on any legal parcel of record in the City approved or issued during the period of time the City studies the proposed Ordinance may prevent the City from achieving the goals of the ordinance. The threat imposed by the potential approval of land use entitlements and building permits for construction of low, medium ard high density residential development in the City while the City considers the Ir clusionary Housing Ordinance, which approvals may conflict with the goals and policies set forth in the Housing Element of the General Plan and the Inclusionary Housing Ordinance, constitutes a current and immediate threat to the public health, s~fety, or welfare. SECTION 3: LAND USE AND BUILDING PERMIT APPROVALS PROHIBITED From and after the date of this ordinance no building permit shall be approved or issued and no Planned Unit Development Permit, Conditional Use Permit, Variance, Tentative Map or other land use entitlement shall be approved which would result in the construction of any low, medium or high density residential development on any legal parcel of record located in the City unless the proposed development is exempt from this ordinance pursuant to Section 4 below. SECTION 4: EXCEPTIONS A. This Ordinance shall not prohibit the following within the City: Bo The construction of a single family house on any legal parcel of record that is part of a development project consisting of four or fewer residential units; C. Remodeling and additions to any existing residences on existing lots of record; Do Approval of low, medium or high density residential projects that have designated 20% or more of the proposed affordable units as defined in the draft Inclusionary Housing Requirements Ordinance. Projects that have a completed application for a Vesting Tentative Map prior to July 11, 2001, the date on which the Interim Ordinance was first adopted. Fo Projects that have a vested right to develop pursuant to a Development Agreement which was executed prior to July 11, 2001, the date on which the Interim Ordinance was first adopted. SECTION 5: ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (CEQA) Gaidelines, the City Council declares that this ordinance is exempt from CEQA based on the following findings: to This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the er.vironment, directly or ultimately. The purpose of this ordinance is to prohibit, on an interim basis, the development of low, medium or high density residential development within the City of South San Francisco which may otherwise be permitted under existing development policies and ordinances, but which could conflict with the draft ordinances the City intends to adopt within a reasonable time. This ordinance does not, in itself, allow the construction of any building or structure. This ordinance, therefore, h~.s no potential for resulting in physical change in the environment, directly or ultimately. This ordinance is categorically exempt from CEQA under Section 15308 of the State CEQA Guidelines. This ordinance is a regulatory action taken by the City in accordance with Government Code Section 65858, to assure maintenance and protection of the environment pending the adoption of an Inclusionary Housing Ordinance and to guard against the construction of projects that may conflict with the purpose of that ordinance. This ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. For the reasons set forth in (1) and (2) of this paragraph, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment, and tl'_erefore, the ordinance is not subject to CEQA. SECTION 6: SEVERABILITY If any provision of the ordinance or the application thereof to any person or cimumstance is held invalid, the remainder of the ordinance, including the application o5 such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. Bo T ae City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or p~arases be held unconstitutional, invalid, or unenforceable. SECTION 7: PUBLICATION AND EFFECTIVE DATE The City extends for one hundred and eighty days, from November 15, 2001, until May 15, 2002, the forty-five (45) day moratorium it adopted on July 11, 2001, and subsequently extended for ninety days beginning August 23, 2001, by which it ordained that the City shall not approve any applications or permits for land use entitlements including, but not limited to, Planned Unit Development Permits, Conditional Use Permits, Variances and Tentative Maps and/or Building Permits for low, medium and high density residential development on any legal parcel of record within the City, pending consideration and adoption of the Inclusionary Housing Requirements Ordinance. Based on the fo::egoing extensions, the Interim Ordinance adopted on July 11, 2001, will be in effect for a period of three hundred and fifteen days (10 months and fifteen days). This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 14th day of November, 2001, by the following vote: AYES: Councilmembers Pedro Gonzalez Karyl Matsumoto, and John R. Penna l~__ayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Fernekes NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: t , City Clerk As Mayo: of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 14th day of November 2001.