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HomeMy WebLinkAboutOrd 1297-2001ORDINANCE NO. 1297-2001 AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING THE MORATORIUM ON APPROVAL OF NEW LAND USE PERMITS AND RF, I ATED BUII JDING PERMITS FOR LOW, MEDIUM AND HIGH DENSITY RESIDENTIAL 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 Section 65858: SECTION 1: iFINDINGS A. This ordinance is deemed necessary for the masons described below and in order to achieve the purposes stated herein. The City of South San Francisco certified Housing Element, adopted in December 19ff2, provides for the development of affordable residenfal housing for all economic sectors of the community. Co In 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 job growth. ABAG has determined the City should provide a total of 1,331 housing units prior to June 30, 2006. Of the 1,331 housing units, ABAG recommends the City allocate 277 units affordable to persons of very low income, 131 units affordable to persons of low income and 360 units affordable to persons of moderate income (collectively, "affordable units"). The City is required by law to incorporate its housing need numbers into an updated version of its general plan-housing element. Do "Affordable Housing Units" means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the gross monthly income, adjusted for household size, based on the criteria and income limits for San Mateo County established by the United States Department of Housing and Urban Development. Eo The City Council is presently reviewing the city's housing needs to determine how the City may provide housing that is affordable to existing residents of the city and employees of businesses located within the city. Fo 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 furore residents and that fa/Is 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 the city. ii [ I I 'i G. The City Council has determined that the approval or consU-uction of such low, medium and high density housing in the city pending completion of an Inclusionary Housing Ordinance could adversely impact the City's efforts to comply with state requirements for affordable housing. H. 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 30, 2001, at a Joint Study Session with the Planning Commission of the City of South San Francisco, the Council and Commission reviewed and discussed the Draft Inclusionary Ordinance and made recommendations to staff related thereto. Based on the recommendations of Council and the Commission, the Draft Inclusionary Ordinance provide that all new low, medium and high-density residential project consisting of four (4) or more units shall provide twenty-five percent (25%) of the units as affordable to persons and families of low and moderate income. K. The Draft Inclusionary Ordinance also provides that 10% of the affordable units be reserved for persons of low income and that 15% be reserved for persons and families of moderate income. L. In addition to the above requirements, the Draft Inclusionary Ordinance requires resale restrictions on affordable units consisting of 30 years for "for-sale" units and 55 years for rental units. M.The Draft Inclusionary Ordinance was considered and passed by a 4- 1 vote of the Planning Commission on September 20, 2001, after a public hearing on the Draft Inclusionary Ordinance and Density Bonus Ordinance. N. CoUncil will conduct a duly noticed public heahng on the Draft Inclusionary Ordinance and Density Bonus Ordinance on September 26, 2001. SECTION 2: PURPOSE Ao The 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 during the time that the City considers an Inclusionary HoUsing Ordinance designed to reserve a sufficient number of 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. [ Bo The 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. Land use entitlement 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 and high density residential deVelopment in the city while the City finalizes the Inclusionary Housing Ordinance, which approvals may conflict with the goals and policies set forth in the City's Housing Element of the General Plan and limit the effectiveness of the Inclusionary Housing Ordinance, constitutes a current and immediate threat to the public health, safety, or welfare. Co Based on the City Council's recommendations from the August 30, 2001, Joint Study Session, the Council has determined that the threat to the public health, safety and welfare identified above is sufficiently protected when new low, medium or high density residential projects meet the requirements of the Draft Inclusionary Ordinance. 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 This ordinance shall not prohibit the following within the city: 1. 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; 2. Remodeling and additions to any existing residences on existing lots of record. Approval of a low, medium or high density residential project that has designated 25% or more of the proposed affordable units as defined in the Draft Inclusionary Ordinance; provided that the project substantially complies with the terms and conditions of the Draft Inclusionary Ordinance. Said compliance includes, at a minimum, reservation of 10% of the units as affordable to families of low income and 15% of the units reserved for families of moderate income and the resale restrictions identified in Section I(L) of the findings set forth above. 4. Projects that have a completed application for a Vesting Tentative Map prior to the effective date of this ordinance. ~1 [ I I[ 5. Projects that have a vested right to develop pursuant to an executed Development Agreement. SECTION 5: ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the City Council declares that this ordinance is exempt from CEQA based on the following findings: 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 environment, 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, has 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 thati have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (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 therefore, the ordinance is not subject to CEQA. SECTION 6: SEVERABILITY If any provision of the ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circmnstances 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 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. il I I I: [ ' SECTION 7: PUBLICATION AND EFFECTIVE DATE This ordinance amends the ordinance adopted on August 22, 2001, which extended the moratorium adopted on July 1 I, 2001, for a period of three (3) months. 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. Introd ~uced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 26th day of September, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Pedro Gonzalez and Karvl Matsumoto, and Mayor Pro Tem Eugene R. Mullin and Mayor Joseoh A. Femekes Councilmember John R. Penna None. None. ~/City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 9~6~ day of September 2001.