HomeMy WebLinkAboutOrd 1296-2001ORDINANCE NO. 1296-2001
AlS INTERIM ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
EXTENDING FOR THREE MONTHS THE MORATORIUM ON APPROVAL
oF NEW LAND USE PERMITS AND RELATED BUILDING PERMITS FOR
LOW, MEDIUM AND HIGH DENSITY RESIDENTIAL DEVELOPMENT
PENDING AMENDMENT OF THE ZONING CODE REQUIRED TO
IMPLEMENT POLICIES IN THE HOUSING ELEMENT OF THE GENERAL
P~AN AND MAKING FINDINGS RELATED THERETO.
The City Council of the City of South San Francisco does ordain as follows:
SECTION 1: FINDINGS
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Pursuant to Government Code Section 65858, this Ordinance is deemed necessary
for the reasons described below and in order to achieve the purposes stated herein.
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The City of South San Francisco certified Housing Element, adopted in December
1992, provides for the development of affordable residential housing for all
economic sectors of the community.
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In March of 2001, the Association of Bay Area Governments (ABAG) released its
housing allocation numbers that 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
reaommends 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.
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"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.
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.
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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 that fails 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.
The City Council has determined that the approval or construction of such low,
medium and high density housing in the City pending completion of an
In¢lusionary Housing Ordinance could adversely impact the City's efforts to
comply with state requirements for affordable housing.
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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.
City staff is continuing to prepare the Inclusionary Ordinance and related Density
Bonus Ordinance.
SECTION 2: PURPOSE
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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
reC~°rd 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.
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The City of South San Francisco is preparing 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 completes 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.
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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:
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;
B. Reanodeling and additions to any existing residences on existing lots of record.
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Approval of low, medium or high density residential projects that have designated
25% or more of the proposed affordable units as defined in Section 1.
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PrOjects that have a completed application for a Vesting Tentative Map prior to
the effective date of this Ordinance.
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Projects that have a vested right to develop pursuant to an executed Development
Agreement.
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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:
Tkis 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 lo 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
that 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.
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SECTION 7: PUBLICATION AND EFFECTIVE DATE
The City extends for three (3) months from August 22, 2001, until November 20, 2001,
the moratorium it adopted on July 11, 2001. 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.
Introduced and adopted at a regular meeting of the City Council of the City of
South Sani Francisco, held the 22nd day of August, 2001, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna,
Mayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Fernekes
None.
None.
None.
ATTEST: //~,,~' }0~/. ~t...
t[7ity Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
nd
Ordinance this 22 day of August, 2001.
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