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HomeMy WebLinkAboutOrd 1294-2001ORDINANCE NO. 1294-2001 AN URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ESTABLISHING A MORATORIUM ON THE APPROVAL OF LAND USE AND BUll.DING PERMITS FOR LOW, MEDIUM AND HIGH DENSITY RESIDENTIAL DEVELOPMENT THE cITY PENDING AMENDMENT OF THE ZONING CODE NECESSARY TO IMPLEMENT POLICIES IN THE HOUSING ELEMENT OF THE GENERAL PLAN AND MAKING FINDINGS RELATED THERETO The Ci~ty 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: FINDINGS Ao This Ordinance is deemed necessary for the reasons described below and in order to achieve the purposes stated herein: Bo The City of South San Francisco adopted a Housing Element as a component of its General Plan in December 1992. The certified Housing Element provides for the development of affordable, well designed and properly located residential housing for all economic sectors of the community in a manner of which fosters . and maintains the support of the entire community. Co In March of 2001, the Association of Bay Area Governments (ABAG) released the results of its housing study that projects the number of housing units required for the City based on projected job growth. ABAG has determined that 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 the units as follows: 1) 277 i units affordable to persons of very low income; 2) 131 units affordable to persons of low income; 3) 360 units affordable to persons of moderate income; and, 563 ' units for persons with above moderate income. The City is required by law to incorporate its housing need numbers into an updated version of its general plan housing element. The entire process must be completed by December 30th, 2001. Do The City Council has initiated a review of the City's housing needs for the purpose of ascertaining how the City may best provide housing that is affordable to existing residents of the City and employees of businesses located within the City. 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 does not further the goals articulated for said !housing in the existing Housing Element of the General Plan and may prevent i attainment of the affordable housing units allocated to the City which must be incorporated into a revised Housing Element. The City Council has determined that the approval of or construction of such low, medium and high density housing within the City during the time that the City studies a proposed Inclusionary Housing Ordinance could ultimately frustrate the City's long term efforts to construct an adequate number of affordable units as contemplated in the existing Housing Element and required in the updated Housing Element in order to comply with state requirements for affordable housing. SECTION 2: pURPOSE Ao Bo The pUrpose of this Ordinance is to protect the public safety, health, and welfare from a curren~ and immediate threat posed by the potential approval of new Land Use Permits 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 aimed at providing a sufficient number of Below Market Rate 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. The City of South San Francisco has begun drafting an Inclusionary Housing Ordinance to address the lack of affordable housing within the City. Land use and/or building permits for low, medium and high density multi-family residential development on any legal p~cel of record in the City approved or issued during the period of time that the City studies this proposed Ordinance may prevent the City from accomplishing the goals intended to be served by the Ordinance, namely the reservation of a certain number of Below Market Rate housing units in all new low, medium or high density residential projectS. The threat imposed by the potential approval of land use and building permits for construction of low, medium and high density residential development in the City during the period of time that the City drafts 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, constitutes a current and immediate threat to the public health, safety, or welfare. The approval of additional land use permits and building permits, or any other applicable entitlement for use which is required in order to comply with the zoning ordinance would result in that threat to public health, safety, or welfare by potentially frustrating the goals of the Inclusionary Housing Ordinance as described above. SECTION 3: {2ERTAIN LAND USE AND BUII~DING PERMIT APPROVALS PROHIBITED From and after the date of this Ordinance no building permit shall be approved or issued and no land use permit 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. [ I SECTION 4: EXCEPTIONS This OrdinanCe shall not prohibit the following within the City: The construction of a single family house on any legal parcel of record unless the single family residence is part of a development project consisting of five or more residential units;. 2. Remodeling and additions to any existing residences on existing lots of record. Approval of low, medium or high density residential projects that have designated 25% or more of the proposed units as Below Market Rate units. SECTION 5: iENVIRONMENTAL 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 Guideiines, 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 multi-family residential development within the City of South San Francisco which development may otherwise be permissible under existing development policies and ordinances, but which could be in conflict with contemplated ordinances which 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 which might ultimately conflict with the purpose of that Ordinance. o This ordinance is covered by the general rule that CEQA applies only to projects which 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 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 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 7: EFFECTIVE DATE This Ordinance shall become effective immediately upon passage and adoption if passed and adopted by at least four-fifths vote of the City Council and shall be in effect until August 25, 2001, unless extended or repealed by the City Council as provided for in Government Code section 65858. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 1 lth day of July, 2001, by the following vote: AYES: C0uncilmembers Pedro Gonzalez and Karyl Matsumoto, Mayor Pro Tem Eugene R. Mullen and Mayor Joseph A. Femekes NOES: C0uncilmember John R. Penna ABSTAIN: NOne. ABSENT: NOne. ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 1 lth day °f July' 2001' C~~~~L