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Home My WebLink AboutPC Meeting 08-16-18 (Reso 2826-2018) - Inclusionary Housing RESOLUTION NO. 2826-2018 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADOPT ORDINANCES REPEALING AND REPLACING SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.380 “INCLUSIONARY HOUSING REGULATIONS” AND CHAPTER 20.390 “BONUS RESIDENTIAL DENSITY” TO UPDATE THE CITY’S INCLUSIONARY AFFORDABLE HOUSING PROGRAM TO INCLUDE RESIDENTIAL RENTAL DEVELOPMENTS AND REVISE REQUIREMENTS FOR RESIDENTIAL FOR-SALE DEVELOPMENTS. WHEREAS, in July of 2010, the City Council for the City of South San Francisco adopted a comprehensive update to the City’s zoning ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code (“Zoning Ordinance”), and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then-existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and WHEREAS, as part of the 2010 Zoning Ordinance Update, the City adopted Chapter 20.380 “Inclusionary Housing Regulations,” which require inclusionary below market rate housing units in new, for-sale residential development, and Chapter 20.390 “Bonus Residential Density,” which provides for a local process to implement the State Density Bonus (Gov. Code §§ 65915- 65918); and WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and WHEREAS, inclusionary housing regulations provide for below market rate housing within market rate residential developments, providing housing to a range of income levels; and WHEREAS, the State Density Bonus affords developers additional incentives for building on- site inclusionary housing; and WHEREAS, in 2017, the California State Legislature passed Assembly Bill 1505 (“AB 1505”), which overruled the 2009 decision by the California Court of Appeals in the case of Palmer/Sixth Street Properties L.P. v. City of Los Angeles to allow jurisdictions to once again require inclusionary affordable housing units in new, market-rate, rental developments; and WHEREAS, the new, proposed Chapters 20.380 and 20.390 of the Zoning Ordinance implement Housing Element Goal I to “promote the provision of housing by both the private and public sectors for all income groups in the community;” and WHEREAS, the proposed Zoning Ordinance amendments comply with the California legislative amendments that were made in 2017 to Government Code Section 65850, including the addition of Government Code Section 65850.01, which establishes standards for the adoption of inclusionary housing regulations on new, market-rate, rental developments; and WHEREAS, the City has prepared new ordinances (“Ordinances”) to the City’s Zoning Ordinance, including replacements for Chapters 20.380 and 20.390 of the Zoning Ordinance; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Mitigated Negative Declaration (“IS/MND”) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), in which the IS/MND 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 Ordinances, as they relate to inclusionary housing requirements and State Density Bonus implementation 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/MND 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; and WHEREAS, on August 16, 2018, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Ordinances, take public testimony, and make a recommendation to the City Council on the project. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, 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; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed August 16, 2018 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: SECTION 1. FINDINGS A. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Record for these proceedings, and upon which this Resolution 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, all reports, minutes, and public testimony submitted as part of the Housing Standing Committee’s duly noticed May 7, 2018 and June 18, 2018 meetings and the Planning Commission’s duly noticed August 16, 2018 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. The Ordinances, as they relate to inclusionary housing requirements and State Density Bonus implementation 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/MND prepared for the Zoning Ordinance, nor do the Ordinances 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. B. Zoning Text Amendment Findings 1. The proposed Ordinances meet the purpose of the Zoning Ordinance and are consistent with the adopted General Plan because the Ordinances will reinforce the General Plan policies, are consistent with the relevant specific plans, and are consistent with the City’s overall vision for providing a diversity of housing types responsive to household size, income, and age needs. None of the new or revised requirements for inclusionary housing and State Density Bonus implementation will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The Ordinances will encourage the creation of affordable housing units. The zoning districts where inclusionary housing units are permitted are generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations as deemed relevant by the Planning Commission and City Council because the proposed uses are consistent with General Plan policies, specifically those policies which promote developing a diverse housing stock. 3. The proposed revisions and additions to the inclusionary housing and bonus residential density regulations will not be detrimental to the use of land in any adjacent zone since the development of housing is already an approved or conditionally approved use. SECTION 2. AMENDMENTS The Planning Commission recommends that the City Council adopt the draft Ordinances attached as Exhibits A and B. SECTION 3. RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends that the South San Francisco City Council adopt Ordinances repealing and replacing South San Francisco Municipal Code Chapters 20.380 and 20.390 of the Zoning Ordinance as shown in Exhibits A and B. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at a regular meeting held on the 16th day of August, 2018 by the following vote: AYES: Chairperson Nagales, Vice Chairperson Murphy, Commissioner Wong, Commissioner Evans, Commissioner Tzang Commissioner Faria, Commissioner Shihadeh NOES: ABSTENTIONS:__ ABSENT: Attest_/s/Sailesh Mehra__________ Secretary to the Planning Commission