HomeMy WebLinkAboutRESO 101071
0160103_20230504_ay16
RESOLUTION NO. 10107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALO ALTO, APPROVING AN
ADDENDUM TO THE 2017 COMPREHENSIVE PLAN FINAL ENVIRONMENTAL IMPACT REPORT,
AND ADOPTING A COMPREHENSIVE PLAN AMENDMENT TO REPEAL THE 2015-2023
HOUSING ELEMENT AND ADOPT THE HOUSING ELEMENT OF THE COMPREHENSIVE PLAN
FOR THE PERIOD OF 2023-2031 IN COMPLIANCE WITH STATE HOUSING ELEMENT LAW.
RECITALS
A.California Government Code Section 65300 et seq. requires every city and county in
California to adopt a General Plan, known in Palo Alto as its Comprehensive Plan, for its
long-range development, and further, to periodically to update that plan to reflect current
issues and conditions; and
B. On November 13, 2017, the City Council for the City of Palo Alto (City) certified a Final
Environmental Impact Report (EIR) for the City of Palo Alto Comprehensive Plan 2030
through Resolution No. 9720, made findings in relation to the Final EIR, adopted a mitigation
monitoring and report plan (MMRP), and adopted a statement of overriding considerations
through Resolution No. 9721 and adopted the City of Palo Alto Comprehensive Plan 2030
through Resolution No. 9722; and
C.Government Code Section 65302 mandates that every city and county shall include a
Housing Element in its General Plan, and that the Housing Element be updated regularly on
a schedule set forth in the law to reflect current conditions and legal requirements; and
D.State Housing Element Law (Government Code Sections 65580 et seq.) requires that the
City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate
the City of Palo Alto (City) regional housing need allocation (RHNA) of 6,086 housing units,
comprised of 1,556 very-low income units, 896 low-income units, 1,013 moderate-income
units, and 2,621 above moderate-income units; and
E.To comply with State Housing Element Law, the City has prepared the Housing Element
2023-2031 (the Housing Element) in compliance with State Housing Element Law and has
identified sites that can accommodate housing units meeting the City’s RHNA; and
F.As provided in Government Code Section 65350 et. seq., adoption of the Housing Element
constitutes a General Plan Amendment and also qualifies as a project under the California
Environmental Quality Act (CEQA); and
G. Pursuant to the provisions and requirements of CEQA and CEQA Guidelines Section 15164,
the City as lead agency, prepared an Addendum to the 2017 Comprehensive Plan Final EIR
(the Addendum) to analyze the potential environmental impacts resulting from adopting the
2023-2031 Housing Element, which Addendum is attached hereto as Exhibit E and
incorporated by this reference; and
DocuSign Envelope ID: F54275E4-C72A-4EB7-8F1F-BE0734C11656
2
0160103_20230504_ay16
H.The Addendum analyzes the environmental impacts of the 2023-2031 Housing Element and
the Addendum, in conjunction with the 2017 Comprehensive Plan Final EIR, is the
environmental document upon which adoption of the 2023-2031 Housing Element is
predicated; and
I.As provided in Government Code sections 65352 – 65352.5 the City mailed a public notice to
all California Native American tribes provided by the Native American Heritage Commission
and to other entities listed; and
J.No California Native American tribe requested consultation; and
K.The City conducted extensive community outreach in multiple languages over the past two
years including fifteen meetings of the Housing Element Working Group, eight meetings of
the City Council Housing Element Ad Hoc Committee, two community workshops,
dissemination of a housing survey, numerous meetings with special interest groups such as
the Palo Alto Renters Association, Housing Choices, and Ability Path, four meetings of the
Planning and Transportation Commission (PTC), three meetings of the City Council, and two
joint meetings of the PTC and City Council; and
L.In accordance with Government Code Section 65585 (b), on November 7, 2022, the City
posted the draft Housing Element and requested public comment for a 30-day review
period, and on December 23, 2022, after responding to public comments, the City
submitted the draft Housing Element to the State Department of Housing and Community
Development (HCD or Department) for its review; and
M.On March 8, 2023, the PTC held a duly and properly noticed public hearing to consider a
draft of the Addendum and the initial draft of the 2023-2031 Housing Element, and
unanimously recommended that the City Council adopt the draft 2023-2031 Housing
Element, subject to refinement following formal comment by HCD.
N.In February 2023, prior to receiving HCD’s formal findings regarding the draft Housing
Element, the City contacted HCD discuss preliminary comments on the adequacy of the
draft Housing Element; and
O.On March 23, 2023, the City received a letter from HCD, attached as Exhibit B to this
Resolution, providing its findings regarding the draft Housing Element, and based upon this,
City staff and consultants revised the draft Housing Element to include additional
information and data; and
P.On April 27, 2023, the City published a revised draft Housing Element responding to HCD’s
findings and requested public comment on the draft; and
DocuSign Envelope ID: F54275E4-C72A-4EB7-8F1F-BE0734C11656
3
0160103_20230504_ay16
Q.On May 8, 2022, the PTC held a duly and properly noticed joint public hearing with the City
Council and recommended that the City Council adopt the Housing Element; and
R.On May 8, 2022, the City Council conducted a duly and properly joint noticed public hearing
with the PTC to take public testimony, consider the 2017 Comprehensive Plan EIR and EIR
Addendum, reviewed the Housing Element and all pertinent maps, documents and exhibits,
including HCD’s findings, the City’s response to HCD’s findings, the staff report, and all
attachments, and oral and written public comments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial
evidence in the record:
1.The foregoing recitals are true and correct and are incorporated by reference into this action.
2.The record of proceedings upon which the City Council bases its decision herein includes, but is
not limited to: (1) the Addendum and the 2017 Comprehensive Plan Final EIR including all
appendices and attachments cited and/or relied upon therein; (2) the staff reports, City files and
records and other documents prepared for and/or submitted to the City relating to the 2017
Comprehensive Plan Final EIR, the Addendum, and the 2023-2031 Housing Element; (3) the
evidence, facts, findings, and other determinations set forth in this Resolution; (4) the 2017
Comprehensive Plan; (5) all studies, data, and correspondence submitted by the City in
connection with the Addendum and the 2023-2031 Housing Element; (6) all documentary and
oral evidence received at public workshops, meetings, and hearings; (7) all other matters of
common knowledge to City decisionmakers, including City, state, and federal laws, policies,
rules, and regulations, reports, records, and projections related top development within the City
of Palo Alto and its surrounding areas. The location and custodian of records is the City Clerk of
the City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA 94305.
3.Based on the record of proceedings as a whole, the City Council approves the Addendum to the
2017 Comprehensive Plan Final EIR and makes the following findings and declarations:
a.That the 2023-2031 Housing Element represents only incremental change over the
conditions studied in the 2017 Comprehensive Plan Final EIR.
b.The MMRP adopted in conjunction with the 2017 Comprehensive Plan included all
mitigation measures necessary to mitigate the most impactful scenarios contemplated
in the 2017 Comprehensive Plan EIR.
c.None of the conditions described in CEQA Guidelines Section 15162 calling for the
preparation of a Subsequent EIR or Supplemental EIR are present, as set forth in the
Addendum.
d.Any modifications to the 2023-2031 Housing Element directed by the City Council on
May 8, 2023 do not change the conclusions of the Addendum and the 2017
Comprehensive Plan Final EIR.
e.The Addendum has been prepared in accordance with CEQA and the State CEQA
Guidelines and reflects the independent judgment of the City as lead agency.
DocuSign Envelope ID: F54275E4-C72A-4EB7-8F1F-BE0734C11656
4
0160103_20230504_ay16
f.All mitigation measures included in the MMRP for the 2017 Comprehensive Plan Final
EIR will continue to be required, as part of the adoption of the 2023-2031 Housing
Element.
4.Based on the record of proceedings as a whole, the City Council makes the following findings
and declarations regarding the 2023-2031 Housing Element, as shown in Exhibit A to this
Resolution, incorporated herein:
a.Adoption of the 2023-2031 Housing Element is in the public interest. The 2023-2031
Housing Element promotes the production of the City’s share of regional housing need
for all segments of the community, which is in the interest of the City, the region, and
the state.
b.The 2023-2031 Housing Element is internally consistent and consistent with the rest of
the Comprehensive Plan. As an integrated set of goals, policies, programs, and timelines,
and quantified objectives, the 2023-2031 Housing Element does not approve any
specific development projects; it acknowledges land use and zoning changes that will be
required and therefore it creates no inconsistencies with the Comprehensive Plan.
c.The 2023-2031 Housing Element was developed through diligent effort by the City to
achieve public participation of all segments of the community, as described in Chapter 1
of the 2023—2031 Housing Element.
d. The 2023-2031 Housing Element substantially complies with all requirements of Housing
Element Law, as provided in Government Code 65580 et seq., and contains all provisions
required by State Housing Element Law, as shown in Exhibit D to this Resolution,
incorporated herein.
5.Based on substantial evidence in the record, including, but not limited to, the analyses provided
in Chapters 3 and 4 of the 2023-2031 Housing Element, the City’s experience with the
redevelopment of non-vacant and commercially developed sites for housing, strong expressed
interest from property owners and developers, and the numerous policies and programs in
Chapter 5 of the 2023-2031 Housing Element aimed at reducing constraints to housing
development and otherwise increasing housing supply, the existing uses on the non-vacant sites
identified in the site inventory to accommodate the RHNA are likely to be integrated with new
residential uses or discontinued during the planning period and therefore do not constitute an
impediment to planned residential development on the site during the planning period.
6.As required by Government Code Section 65585(e), the City Council has considered the findings
made by the Department of Housing and Community Development included in the
Department’s letter to the City dated March 23, 2023, consistent with Government Code
Section 65585(f), and as described in Exhibit C to this Resolution, incorporated herein, the City
Council has changed the Housing Element in response to the findings of the Department to
substantially comply with the HCD’s interpretation of the requirements of State Housing
Element Law.
7.The 2015-2023 Housing Element is hereby repealed in its entirety, and the 2023-2031 Housing
Element is adopted.
DocuSign Envelope ID: F54275E4-C72A-4EB7-8F1F-BE0734C11656
5
8.The City Council intends to complete the HCD review process to obtain an HCD findings of
substantial compliance and certification and hereby directs and authorizes the Director of
Planning and Development Services: a) to file all necessary material with the HCD for the
Department to find that the Housing Element is in conformance with State Housing Element
Law; and b) to make all non-substantive changes to the Housing Element to make it internally
consistent or to address any non-substantive changes or amendments requested by the
Department to achieve certification.
9.The Director of Planning and Development Services is hereby directed to ensure that the
adopted Housing Element, including any additional amendments, is posted to the City’s website,
and a link emailed to all individuals and organizations that have previously requested notices, at
least seven days prior to submission to HCD.
10.The Director of Planning and Development Services and City Clerk are hereby directed to
distribute copies of the Housing Element in the manner provided in Government Code Sections
65357 and 65589.7.
11.This Resolution shall become effective upon adoption by the City Council.
____________________________
Mayor
APPROVED:
____________________________
INTRODUCED and PASSED: May 8, 2023
AYES: BURT, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES: KOU
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________
Acting City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
0160103_20230504_ay16
City Manager
____________________________
Director of Planning and
Development Services
DocuSign Envelope ID: F54275E4-C72A-4EB7-8F1F-BE0734C11656
6
0160103_20230504_ay16
Exhibit A: 2023-2031 Housing Element
Exhibit B: HCD Finding Letter, dated March 23, 2023
Exhibit C: Response to HCD Findings
Exhibit D: Housing Element Statutory Provisions Checklist
Exhibit E: Addendum to the 2017 Comprehensive Plan Final EIR
DocuSign Envelope ID: F54275E4-C72A-4EB7-8F1F-BE0734C11656
Certificate Of Completion
Envelope Id: F54275E4C72A4EB78F1FBE0734C11656 Status: Completed
Subject: DocuSign: Resolution 10107
Source Envelope:
Document Pages: 6 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
5/15/2023 8:53:20 AM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Albert Yang
Albert.Yang@CityofPaloAlto.org
Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.126.5.47
Signed using mobile
Sent: 5/15/2023 9:04:12 AM
Resent: 5/22/2023 8:11:36 AM
Viewed: 5/22/2023 10:11:28 AM
Signed: 5/22/2023 10:11:40 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 199.33.32.254
Sent: 5/22/2023 10:11:42 AM
Viewed: 5/22/2023 11:48:54 AM
Signed: 5/22/2023 11:49:05 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada, City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 166.198.251.80
Signed using mobile
Sent: 5/22/2023 11:49:06 AM
Viewed: 5/22/2023 12:22:48 PM
Signed: 5/22/2023 12:23:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lydia Kou
Lydia.kou@cityofpaloalto.org
Council Member
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 98.207.160.72
Sent: 5/22/2023 12:23:20 PM
Viewed: 5/22/2023 12:31:54 PM
Signed: 5/22/2023 12:32:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
Deputy City Clerk
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 5/22/2023 12:32:30 PM
Viewed: 5/22/2023 12:33:02 PM
Signed: 5/22/2023 12:33:18 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/15/2023 9:04:34 AM
Envelope Updated Security Checked 5/22/2023 8:36:07 AM
Envelope Updated Security Checked 5/22/2023 8:36:07 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Envelope Updated Security Checked 5/22/2023 10:09:08 AM
Certified Delivered Security Checked 5/22/2023 12:33:02 PM
Signing Complete Security Checked 5/22/2023 12:33:18 PM
Completed Security Checked 5/22/2023 12:33:18 PM
Payment Events Status Timestamps