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HomeMy WebLinkAboutPC Meeting 04-21-16 (Reso 2788-2016) - Condominium Requirements AmendmentRESOLUTION NO. 2788-2016 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 19.36 (“CONDOMINIUMS AND COMMUNITY HOUSING PROJECTS”) TO ALLOW THE CREATION OF CONDOMINIUM AND COMMUNITY HOUSING PROJECTS WITH TWO OR MORE UNITS. WHEREAS, the City Council has expressed a desire to modify the condominium regulations to provide flexibility for the construction of new for-sale residential units; and WHEREAS, reducing the minimum required number of units for a condominium or community housing project from five units to two units could facilitate the production of for-sale residential units for the City of South San Francisco (“City”) without changing any existing zoning designations or density limitations s within the City; and WHEREAS, the construction of additional for-sale residential units could help address the significant demand for housing units within the City; and WHEREAS, supporting the production of new residential units is consistent with the City’s adopted Housing Element that identifies Program 1-4D to evaluate Chapter 19.36 and consider reducing minimum unit requirements with the intent of promoting home ownership; and WHEREAS, the City has prepared an amendment to Chapter 19.36 of the City’s Municipal Code regarding regulations for the construction of new condominium and community housing projects; and WHEREAS, reducing the minimum number of units for condominium and community housing projects will necessitate a parallel set of procedures whereby projects with four or fewer units will be processed according to the minor subdivision procedures outlined in Chapter 19.48 of the Municipal Code and projects with five or more units will be processed according to the standard subdivision procedures outlined in Chapter 19.40; and WHEREAS, the proposed Ordinance Amendment is not subject to the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the proposed Ordinance Amendment may have a significant effect on the environment; and WHEREAS, the refinements, clarifications, and/or corrections set forth in this Ordinance Amendment, as they relate to the Condominiums and Community Housing Projects 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 Update, 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 April 21, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Ordinance Amendment, take public testimony, and make a recommendation to the City Council on the Amendment. 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; 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 Planning Commission’s duly noticed April 21, 2016 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 I. 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; 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 Planning Commission’s duly noticed April 21, 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 Ordinance Amendment, as they relate to Condominiums and Community Housing Projects 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 Update, 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 Ordinance Amendment is not subject to the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the proposed Ordinance Amendment may have a significant effect on the environment. The change to the threshold for constructing a condominium or community housing project will not otherwise change zoning or increase density beyond already permitted regulations. Moreover, the Ordinance Amendment is consistent with General Plan policies, specifically those policies related to affordable housing and home ownership. Modifications to the Condominiums and Community Housing Projects regulations chapter would not affect or change zoning designations or density limitations in the City and no land use impact is expected. Therefore, the Ordinance Amendment is exempt from CEQA pursuant to Section 15061(b)(3) of the Public Resources Code. 5. 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. II. Specific Findings 1. As described in Section II, adoption of the proposed Ordinance Amendment will include revisions to Title 19 of the South San Francisco Municipal Code, to reflect minor changes to the Condominiums and Community Housing Projects regulations (SSFMC 19.36). 2. The proposed Ordinance Amendment is consistent with the General Plan because the Ordinance Amendment would revise an existing housing policy as recommended by the adopted 2015-2023 Housing Element. Revision of Condominiums and Community Housing Projects regulations would promote home ownership 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 Ordinance Amendment is suitable for the proposed uses. The Ordinance Amendment will change the threshold for constructing a condominium or community housing project, but will not otherwise change zoning or increase density beyond already permitted regulations. The Ordinance Amendment is consistent with General Plan policies, specifically those policies related to affordable housing and home ownership. Modifications to the Condominiums and Community Housing Projects regulations chapter would not affect or change land use citywide and no land use impact is expected. 4. The proposed Ordinance Amendment is not detrimental to the use of land in any adjacent zone because the Ordinance Amendment would only clarify existing regulations. More specifically, the Ordinance Amendment includes a revision to the Condominiums and Community Housing Projects regulations to reduce the minimum required number of units for a condominium or community housing project from five units to two units. The proposed Ordinance Amendment will not be detrimental to the public interest, convenience, or welfare of the City or land within the City; instead, the Ordinance Amendments will facilitate the production of for-sale housing units within existing zoning designations and update the Municipal Code to be consistent with the recommendations of the Housing Element in the General Plan. SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows (with text in strikeout indicating deletion and double underline indicating addition). 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 19.36 Condominiums and Community Housing Projects regulations to read as follows: 1. Revise Section 19.36.030 Procedures Generally to modify the minimum required number of units for a condominium or community housing project. 19.36.030 Procedures Generally New Ccondominium projects and new community housing projects shall result in the creation of two five or more units., and tThe procedure to be used in subdividing a condominium project or community housing project for four or fewer units shall be the minor subdivision procedures found in Chapter 19.48, unless the Developer elects to use the standard subdivision procedures found in Chapter 19.40. The procedure to be used in subdividing a condominium project or community housing project for five or more units shall be the standard subdivision procedure found in Chapter 19.40, in addition to the requirements and procedures set forth in this chapter. 2. Revise Section 19.32.020 Minor subdivision procedures to make it clear that new condominium or community housing projects with fewer than five units shall utilize the minor subdivision procedures. 19.32.020 Minor subdivision procedure The minor subdivision procedure set forth in Chapter 19.48 shall be used where: (a) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City, or (b) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, or (c) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths, or (d) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section. (Ord. 993 § 9 (part), 1985: Ord. 861 § 9.02, 1981) (e) a new condominium or community housing project will result in the creation of four or fewer units. SECTION 2 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 an ordinance amending Chapters 19.32 and 19.36, attached as Exhibit A. 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 special meeting held on the 21st day of April, 2016 by the following vote: AYES:____Chairperson Khalfin, Vice Chairperson Faria, Commissioner Martin, Commissioner Nagales, Commissioner Ruiz and Commissioner Wong NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:______________________________________________________________ Attest:_____/s/Sailesh Mehra Sailesh Mehra Secretary to the Planning Commission EXHIBIT A PROPOSED ORDINANCE AMENDMENT P16-0024 2633689.1