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HomeMy WebLinkAboutResolution 2015-171 N.C.S. 11/02/2015Resolution No. 2015-171 N.C.S. of the City of Petaluma, California AMENDING THE INCLUSIONARY HOUSING PROGRAM IN THE CITY OF PETALUMA'S GENERAL PLAN 2025,2015-2023 HOUSING ELEMENT AS ADOPTED BY RESOLUTION NO. 2014-190 N.C.S WHEREAS, State law requires California cities to prepare and adopt a general plan to guide future development of the city, including a Housing Element as one of the mandatory elements in a city's general plan; and WHEREAS, on May 19, 2008, the City Council approved Resolution No. 2008-085 N.C.S., adopting the General Plan 2025, which contained the City's then -existing housing element; and WHEREAS, on December 1, 2014, the City Council approved Resolution No. 2014-190 N.C.S., adopting the Petaluma 2015-2023 Housing Element; and WHEREAS, the 2015-2023 Housing Element Update ("Housing Element") identifies and analyzes existing and projected housing needs and states goals, policies, quantified objectives and special programs for the preservation, improvement and development of housing in the City from 2015 through 2023; and WHEREAS, the State Department of Housing and Community Development ("HCD") reviewed the Housing Element as presented to the Planning Commission on October 28, 2014, and determined that the element meets the statutory requirements of State housing element law; and WHEREAS, on December 1, 2014 the City Council adopted Resolution No. 2014-190 N.C.S. approving the Housing Element as approved by HCD and presented to and recommended by the Planning Commission, as amended by the City Council; and WHEREAS, on January 23, 2015, HCD approved the Housing Element as approved by the City Council; and WHEREAS, the proposed amended Housing Element is consistent with the Housing Element as presented to the Planning Commission on October 28, 2014, because it implements the same objectives; and WHEREAS, an Initial Study and Negative Declaration was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, on December 1, 2014, the City Council adopted Resolution No. 2014-189 N.C.S. approving a negative declaration of environmental impact, making findings and adopting a statement of overriding considerations in regard to the Housing Element, all in accordance with the requirements of Public Resources Code Sections 21000 et seq. ("CEQA"), Title 14, California Code of Regulations, Sections 15000 et seq. ("CEQA Guidelines") and the City of Petaluma Environmental Review Guidelines; and Resolution No. 2015-171 N.C.S. Page 1 WHEREAS, this amendment is categorically exempt from environmental review under Section 15061(b)(3) of the State CEQA Guidelines. The proposed text amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Adoption of this amendment does not create changes in the physical environment and are therefore exempt. The proposed amendment does not result in any changes to the General Plan land use polices or Implementing Zoning Ordinance. Any development that occurs in the future subject to such standards will undergo an independent analysis pursuant to the requirements of CEQA; and WHEREAS, on October 22, 2015, a public notice of the November 2, 2015 public hearing before the City Council to consider the amendment was published in the Argus Courier; and, WHEREAS, on November 2, 2015, the City Council of the city of Petaluma held a duly noticed public hearing to consider the amendment; and NOW, THEREFORE, BE IT RESOLVED: 1. Recitals. The above Recitals are true and correct and adopted as findings of the City Council. 2. Housing Element Amended. Based on the findings and conclusions stated above, the City Council finds it in the public interest to, and hereby amends Program 4.3 of the City of Petaluma 2015-2023 Housing Element, Chapter 11 of the General Plan 2025 as follows: Program: 4.3 Continue to require residential projects of five or more units to contribute to the provision of below-market rate housing in one of the following ways: a. Dedicate 15% of the units on-site or a portion of the project site or property to the City or a non-profit organization for use as affordable housing. b. Within a half -mile radius of the planned SMART stations, developers are encouraged to provide at least 15 percent of the units in a rental housing project at rents affordable to very low -and low-income households for a minimum period of 30 years. c. Within a half -mile radius of the planned SMART stations, developers may be required to provide at least 15 percent of the units in a for -sale project at prices affordable to low- and moderate -income households for a minimum period of 30 years. d. The developer can make an in -lieu payment to the City's Housing Fund. e. Use alternative methods to meet the intent of the inclusionary requirement, subject to approval by the City Council. 3. Except as amended herein, the City of Petaluma 2015-2023 Housing Element remains unchanged and in full force and effect. Resolution No. 2015-171 N.C.S. Page 2 4. Effective Date. This amendment shall take effect thirty days from the date of the adoption of this Resolution pursuant to State law, including Midway Orchards v. County of Butte (1990) 220 Cal.App.3d 765, 778 and DeVita v. County of Napa (1995) 9 Cal. 4th 763, 787, fn. 9. 5. Submission to HCD. Staff is directed to submit the Housing Element amended pursuant to this resolution to HCD for approval in accordance with California Government Code section 65585. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the oproved as to Council of the City of Petaluma at a Regular meeting on the 2°a day of November,` `w form: 2015, by the following vote: r C ty Attorney AYES: Albertson, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller NOES: None ABSENT: Barrett ABSTAIN: None ATTEST: ( - City Clerk ayor Resolution No. 2015-171 N.C.S. Page 3