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HomeMy WebLinkAboutOrd. 1517-2016 ORDINANCE NO. 1517-2016 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.380 ("INCLUSIONARY HOUSING REGULATIONS") TO MODIFY THE 20% AFFORDABLE HOUSING REQUIREMENT FOR RESIDENTIAL RENTAL PROJECTS CONSISTING OF FOUR OR MORE UNITS THAT RECEIVE FINANCIAL ASSISTANCE FROM THE CITY FOR THE SOLE PURPOSE OF PROVIDING ON-SITE AFFORDABLE HOUSING UNITS AS PART OF THE PROJECT. WHEREAS, on April 8, 2015 the City Council for the City of South San Francisco considered and adopted the Housing Element update to the General Plan and associated Negative Declaration; and WHEREAS, the adopted Housing Element sets forth goals, policies, programs, and quantified objectives to address the City's housing needs; and WHEREAS, the State's Department of Housing and Community Development requires that the Housing Element be reviewed annually for progress related to the adopted programs and objectives; and WHEREAS, the Housing Element identifies Program 1-213 to evaluate the Inclusionary Housing Ordinance to promote a broad range of housing opportunities for all identifiable economic segments of the population; and WHEREAS, the City Council has expressed a desire to modify the Inclusionary Housing Ordinance to provide flexibility for City financial assistance on privately developed projects; and WHEREAS, providing the City with flexibility to provide funding exclusively for the purpose of providing on-site affordable housing units within a privately constructed housing project will assure that workforce housing units are created for the City; and WHEREAS, the City has prepared a Zoning Amendment ("Amendment") to the City's Zoning Ordinance, including refinements to Chapter 20.380 for the Inclusionary Housing Regulations; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration ("ISND") in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), in which the IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to the Inclusionary Housing Regulations are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared for the Zoning Ordinance , nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: I. General Findings I. The foregoing recitals are true and correct and made a part of this Amendment. 2. The Record for these proceedings, and upon which this Amendment is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. ("CEQA")) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; the adopted 2015-2023 Housing Element Update and IS/ND, prepared by Dyett and Bhatia; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed December 16, 2015 study session; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed February 4, 2016 meeting; and all reports, minutes, and public testimony submitted as part of the City Council's duly noticed March 9, 2016 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2) 3, The refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to Inclusionary Housing regulations, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared for the Zoning Ordinance , nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 4. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. 11. Zoning Text Amendment Findings I. As described in Section 11, adoption of the proposed Amendment will include revisions to Title 20 of the South San Francisco Municipal Code, to reflect minor changes to the Inclusionary Housing Regulations (SSFMC 20.380). 2. The proposed Amendment is consistent with the General Plan because the Ordinance Amendments would revise an existing housing policy as recommended by the adopted 2015- 2023 Housing Element. Revision of Inclusionary Housing Regulations would promote City financing for affordable housing construction and none of the new or revised definitions, tables, figures and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 3. The areas of the City impacted by the proposed Amendment is suitable for the proposed uses. The Amendment will clarify how the Inclusionary Housing Regulations apply to projects when City financial assistance is provided for the sole purpose of providing on-site affordable housing units as part of a project. The Amendment is consistent with General Plan policies, specifically those policies related to affordable housing. Modifications to the Inclusionary Housing Regulations chapter would not affect or change land use citywide and no land use impact is expected. 4. The proposed Amendment is not detrimental to the use of land in any adjacent zone because the Amendment would only clarify existing regulations. More specifically, the Amendment includes a revision to the Inclusionary Housing Regulations and the applicability of the 20 percent requirement for affordable units when public funds are involved. The proposed Amendment will not be detrimental to the public interest, convenience, or welfare of the City or land within the City; instead, the Amendment will bolster the public interest by allowing for affordable housing funding that would not otherwise occur and amends the Zoning Ordinance consistent with the recommendations of the Housing Element in the General Plan. SECTION 11. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Revise Chapter 20.380 Inclusionary Housins! Regulations to read as follows: 1. Revise Section 20.380.003 Inclusionary Housing Requirement to modify the inclusionary requirement when City funds are contributed to a project for the sole purpose of providing on-site affordable housing units. 20.380.003 Inclusionary Housing Requirement A. The inclusionary housing requirements of this chapter shall apply as follows: I. This chapter shall apply to all residential market-rate dwelling units resulting from new construction of "for-sale" projects consisting of four or more residential units, as well as the conversion of apartments to condominiums. 2. This chapter shall apply to all residential market-rate dwelling units resulting from new construction of rental projects consisting of four or more residential units, as well as the conversion of condominiums to apartments, if the owner of the rental project or converted project receives any direct financial assistance or contribution from the City, including density bonuses, as specified Government Code, Sections 65915, et seq. 3. For any residential development or development revision of four or more units, not less than 20 percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to low- and moderate-income households. B. This chapter shall not apply to the following: 1. Existing residences which are altered, improved, restored, repaired, expanded or extended, provided that the number of units is not increased, except that this chapter shall pertain to the subdivision of land for the conversion of apartments to condominiums; 1 Conversion of mobilehome park pursuant to Section 21.37.120; 1 The construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the approval of a building permit for the new residential structure, provided that the number of residential units is not increased from the number of residential units of the previously destroyed or demolished residential structure; 4. Second dwelling units not constructed to fulfill inclusionary housing requirements and developed in accordance with Section 20,350,033 ("Second Dwelling Units"); 5. Those residential units which have obtained approval of a vesting tentative map or a development agreement prior to the effective date of the ordinance codified in this chapter, as set forth in Section 20.380.017 ("Pre-Existing Approvals"). 6. New construction of rental projects consisting of four or more residential units, as well as the conversion of condominiums to apartments, when the only financial assistance that the rental project or converted project receives from the City is for the sole purpose of providing on-site affordable housing units as part of the project and the City determines that the financial assistance provided by the City does not exceed the actual cost of providing the specific on-site affordable units. SECTION 111. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of 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. The City Council of the City of South San Francisco 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 phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk 's Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 9t" day of March, 2016. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 13"' day of April, 2016, by the following vote: AYES: Councilmembers Karyl Matsumoto, Richard A. Garbarino, and Liza Normandy Vice Mayor Pradeep Gupta and Mayor Mark N. Addiego NOES: None ABSTAIN: None ABSENT: None ATTES Kr to artidelli, City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 13t"day of April, 2016. ark Addiego, Mayor