PREPARED BY: LIBBY TYLER DATE OF MEETING: 12/18/2023
SUBJECT:
TITLE
CONSIDERATION OF AN ORDINANCE AMENDING THE SAN PABLO ZONING ORDINANCE CHAPTER 17.38, OVERLAY AND SPECIAL DISTRICTS, TO ADD A NEW SECTION 17.38.090, DESIGNATED HOUSING ELEMENT SITES (HE).
CEQA: This is a City-initiated project and the proposed amendments apply to the subject sites listed herein. The proposed amendment is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant CEQA Guidelines Section 15378(b)(5) because the proposed change to the zoning ordinance is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; the amendment does not impact the type or intensity of use already allowed on the properties but rather simply recognizes that there is no discretionary permit or review required. Even if the amendment was considered to be a project, it would be exempt from environmental review pursuant to the “common sense exemption” per CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that its adoption would have a significant effect on the environment because it does not allow any different uses or additional density than currently permitted.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Conduct public hearing; waive first reading; introduce Ordinance
Body
Compliance statements
FY 2023-2025 Council Priority Workplan Compliance Statement
Amending the Zoning Ordinance provisions in the Municipal Code related to establishment of an overlay district for certain sites designated for lower income housing in the San Pablo Housing Element would help to promote the City Council Major Policy Goal of Expand Housing Options, Priority 301. Update/Certify the General Plan and Housing Element, and Priority 301.3. Promote housing production to meet RHNA requirements (2023-2031).
CEQA Compliance Statement: The proposed amendment is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant CEQA Guidelines Section 15378(b)(5) because the proposed change to the zoning ordinance is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; the amendment does not impact the type or intensity of use already allowed on the properties but rather simply recognizes that there is no discretionary permit or review required. Even if the amendment was considered to be a project, it would be exempt from environmental review pursuant to the “common sense exemption” per CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that its adoption would have a significant effect on the environment because it does not allow any different uses or additional density than currently permitted.
PUBLIC HEARING NOTICE
A Public Hearing Notice was published in the West County Times (West Contra Costa edition of the East Bay Times) newspaper on Friday, December 8, 2023. Public notice was also sent by mail to the owners of the five addresses included in the proposed Overlay District as well as to the owners of property within 300 feet of these addresses.
REQUESTED ACTION
The City Council is requested to hold a public hearing on the proposed amendment to the Zoning Ordinance; then to waive the reading of the ordinance and read by title only; and introduce the attached Ordinance including any further revisions. Unless there is an objection from the City Council, the second reading of the ordinance would be placed on the consent calendar for a future meeting as the final version of the Ordinance.
BACKGROUND
As required by California law, the City of San Pablo is preparing an update to its Housing Element to reflect the current Regional Housing Needs Allocation (RHNA) cycle of 2023-2031. This Housing Element is currently in draft form and is under review by the California Department of Housing and Community Development (HCD). The most current version of the draft Housing Element is available at this location:
<https://www.sanpabloca.gov/2804/General-Plan-Housing-Element-Update>
One of the programs required by HCD for the updated Draft Housing Element (Program 1-N) reads as follows:
Program 1-N By Right Zoning Text Amendment to Accommodate RHNA. There are three sites - APNs 411-340-026, 416-170-005 and the Ohmsai site (420-130-020, 420-130-024, 420-130-025) - on the inventory that were included in two prior consecutive planning periods. One of the sites is non-vacant and two are vacant (and were used in 2 prior inventories). All three of these sites already have zoning that permits the development of housing at 30 du/ac or greater by right and development standards are in place that facilitate construction at the maximum permitted density; however, a text amendment is required to clarify that development projects proposed on these sites are subject to by-right approval (without discretionary action) when the projects include housing developments with 20 percent or more of the units designated as affordable to lower-income households. Therefore, the City will amend the Zoning Code to permit development by right (consistent with Government Code 65583.2 (h) and (i)) on the subject properties.
Responsible Agency/Department: Community Development Department
Timeframe: Zoning text amendment will be brought to City Council for hearing in parallel with Housing Element by Jan 31, 2024 to ensure the objectives listed in this program are effectuated
Objective: 231 lower income units by 2031
Funding: SB2 grant; General Fund
The proposed text amendment furthers this Housing Element program and will coincide with the City’s adoption of the 2023-2031 Housing Element. The text amendment is necessary to ensure compliance with Government Code Sections 65583.2(h) and (i)
<https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583.2.&nodeTreePath=11.1.9.11&lawCode=GOV> which requires identification of housing sites sufficient to accommodate 100 percent of the need for housing for very low and low-income households on sites that are zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are designated as affordable to lower income households during the planning period at a minimum density of 30 units per acre. The phrase “use by right” in this context does not exempt the use from design review but does require ministerial review without reliance on subjective standards.
PLANNING COMMISSION ACTION
On November 28, 2023, the Planning Commission held a public hearing on the proposed amendment. There were no public comments on the item submitted prior to the meeting and no requested revisions by the Planning Commission. The Planning Commission adopted the attached Resolution PC23-15 recommending approval of the Ordinance (4 in favor, 1 absent, 0 opposed).
On December 11, 2023, City Staff received a letter from Betty J. LaMar, Financial Secretary and Trustee Board Vice-Chair for the New Bethel Church of God in Christ Apostolic at 14560 San Pablo Avenue objecting to the Overlay District designation and to the property’s SB-2 High Density Residential zoning. City staff have responded to this letter to inform Ms. LaMar that the proposed Overlay District does not affect the current or future status of the Church’s conditional use permit as a religious assembly use in the SB-2 High Density Residential District.
SUMMARY OF CHANGES
This is a City-initiated text amendment to add a new Section 17.38.090, Designated Housing Element Sites (HE) Overlay to Chapter 17.38, Overlay and Special Districts. The proposed amendment is consistent with the Draft Housing Element Program 1-N (provided above) and with the provisions of Government Code Sections 65583.2(h) and (i) and encompasses the following revisions:
1. Adds a new Overlay District entitled Designated Housing Element Sites (HE) Overlay
2. Sets forth the purpose of the HE Overlay to establish the maximum density requirements and ministerial review rights for certain properties that are designated for lower income housing pursuant to California Housing Law as part of the City’s Housing Element, consistent with Government Code Sections 65583.2 (h) and (i).
3. Designates the following specific properties, which have been identified in the 2008-2015, 2015-2023, and/or Draft 2023-2031 Housing Elements as potential sites for lower income housing to be within the HE Overlay:
a. 2405 Church Lane (APN 411-340-026)
b. 14560 San Pablo Avenue (APN 416-170-005)
c. Unaddressed landlocked parcel behind 3426 San Pablo Dam Road (APN 420-130-020)
d. 3426 San Pablo Dam Road (APN 420-130-024)
e. 3440 San Pablo Dam Road (APN 420-130-025)
4. Establishes the Allowed Uses in the HE Overlay to include the permitted uses as indicated in the Table of Use for the underlying zones of the identified properties.
5. Establishes that the HE Overlay shall allow by-right approval for lower income residential projects which provide 20 percent or more of the units affordable to lower-income households, subject to Minor Design Review under Section 17.18.010, with the Zoning Administrator approving the Minor Design Review upon making a finding that the project complies with all applicable objective provisions of the zoning ordinance, municipal code, general plan, and any applicable specific plans or city regulations/standards. No other findings required by Section 17.18.010 or any discretionary approvals, including a conditional use permit, shall be required.
6. Specifies that the development standards for the properties in the HE Overlay are the same as those required for the underlying zoning designation, but in no case shall the development standards, including those for height or lot coverage, allow for less than 30 dwelling units per acre on the properties designated HE Overlay when proposed for housing development with 20 percent or more of the units designated as affordable to lower-income households.
GENERAL PLAN COMPLIANCE
State law requires the City’s Zoning Ordinance to be consistent with the General Plan. (Gov. Code Section 65860.) The proposed ordinance is consistent with the following General Plan and existing Housing Element policies:
LU-G-5 Promote a variety of housing types and prices within neighborhoods to serve the economic needs of all segments of the community.
Goal H-3: Affordability and the Adequate Provision of Housing
Provide a diversity of housing types to meet the needs of all economic segments and family types in San Pablo.
Policy H-3.1 Affordable Housing
Affordable Housing. Continue to encourage and assist with the development of affordable housing units for lower income households and strive for the provision of housing that is affordable to, and meets the needs of, current and future residents of San Pablo.
Policy H-3.3 Housing Variety, Choice and Innovation:
Continue to encourage the provision of a variety of housing choices and types in the community, including innovative forms of housing.
The proposed ordinance would help to promote the development of affordable housing on certain sites within the City that have been shown to meet the criteria for potential lower income housing development by removing the barriers of discretionary review and allowing for a minimum density of development in conformity with California housing law.
ZONING ORDINANCE COMPLIANCE:
By amending the Zoning Ordinance to facilitate its administration and to be consistent with the proposed Housing Element and with the provisions of Government Code Sections 65583.2, the proposed amendments are consistent with the purposes of the Zoning Ordinance:
Pursuant to Zoning Ordinance Section 17.01.020, “Purpose,” the purpose of the ordinance is to promote growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare in conformance with the general plan. In addition, pursuant to Zoning Ordinance Section 17.32.010, “Purpose,” the ordinance helps to produce healthy, safe, and attractive neighborhoods in San Pablo, consistent with the policy direction in the San Pablo general plan.
The proposed amendment helps to reduce barriers to constructing affordable housing at specified qualifying locations within the City.
CONCLUSION
Staff recommends that the City Council review the proposed amendments, conduct the public hearing, take public testimony, and introduce the attached ordinance amending the Zoning Ordinance Chapter 17.38, Overlay and Special Districts, to add a new Section 17.38.090, Designated Housing Element Sites (HE).
FISCAL IMPACT
The proposed amendment should have a positive fiscal impact on the City of San Pablo as it will help to facilitate the potential redevelopment of certain designated housing sites within the City. The amendment will also help the City to avoid the potential loss of grant funding associated with having a noncompliant Housing Element.
ATTACHMENTS
Att A - Proposed City Council Ordinance
Att B - Adopted Resolution PC23-15 recommending approval of the Zoning Ordinance amendment to the City Council
Att C - Site Location Maps
Att D - Letter from New Bethel Church of God in Christ Apostolic
Att E - Proof of Publication