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Home My WebLink AboutStaff Report 2311-2302CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, January 22, 2024 Council Chambers & Hybrid 5:30 PM Agenda Item 4.Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program 1.3 Creating By-Right Zoning Approval for Specific Housing Element Inventory Sites. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023-2031 Housing Element. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: January 22, 2024 Report #:2311-2302 TITLE Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program 1.3 Creating By- Right Zoning Approval for Specific Housing Element Inventory Sites. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023-2031 Housing Element. RECOMMENDATION Staff recommends that the City Council: 1. Adopt an urgency ordinance (Attachment A), that would be effective immediately, Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to implement Housing Element Program 1.3 creating by-right zoning approval for specific housing element inventory sites; and 2. Adopt an ordinance (Attachment B) that would replace the urgency ordinance prior to its expiration. EXECUTIVE SUMMARY The adopted 2023-2031 Housing Element (Housing Element) includes 122 implementation programs. Implementation of Program 1.3, Sites Used in Previous Housing Cycle, would establish a non-discretionary by-right zoning review process for eligible Housing Element opportunity sites reused from previous Housing Element cycles. The Program is required to be implemented by January 31, 2024, per the adopted Housing Element and state law. The urgency ordinance (Attachment A) and permanent ordinance (Attachment B) are required to be adopted in order to meet the required timeline. The ordinances, which contain the same text, establish a new by-right review process for eligible sites in the Palo Alto Municipal Code (PAMC). The Planning and Transportation Commission (PTC) reviewed the permanent ordinance on December 13, 2023 and unanimously recommended approval. These changes were inadvertently left off the recent Housing Element implementation ordinance approved by the City Council late last year. This ordinance only applies to 16 properties included in the adopted Housing Element and does not modify development potential; only the process by which development is reviewed. BACKGROUND The Housing Element is one of seven mandatory elements that must be included in Palo Alto’s Comprehensive Plan. This element evaluates housing needs and issues in the City, and contains goals, policies, programs, and implementing objectives that the City uses to guide actions related to housing. The City Council adopted the Housing Element on May 8, 2023. The State Department of Housing and Community Development (HCD) provided a letter on August 3, 2023, requesting additional revisions to the Housing Element. Staff anticipates the Housing Element will be brought to the City Council for re-adoption to address HCD’s requested revisions in early 2024. More information about the Housing Element can be found at the project website: www.paloaltohousingelement.com. The adopted Housing Element includes 122 implementation programs with several key programs needing to be completed by January 2024; the implementation of Program 1.3, Sites Used in Previous Housing Cycle, is one of those programs that must be completed. Council took action on November 13, 2023 adopting an ordinance implementing Housing Element programs 1.1A and 1.1B (rezoning housing inventory sites) and creating a new chapter of the PAMC. Program 1.3 implementation was inadvertently omitted from that ordinance. Ordinance Review Process To implement Program 1.3 by the January 31, 2024 deadline, staff prepared an urgency ordinance concurrently with the permanent ordinance. With staff’s recommended action, the urgency ordinance will become effective immediately for 45 days and the permanent ordinance will go into effect prior to the expiration of the urgency period. PTC Review On December 13, 2023 the PTC recommended (6-0) City Council adoption of the permanent ordinance to implement Housing Element Program 1.3. The PTC was supportive of the proposed by-right application review process that will comply with state law, while also allowing the Director to refer projects to the Architectural Review Board (ARB) for one Study Session. The PTC discussion was minimal and included some clarifying questions. ANALYSIS The following section outlines the state law requirements for by-right development and the existing and proposed application review processes. By-Right State Law for Recycled Sites Housing Element Program 1.3 implements a requirement of state law that requires a “by-right”1 approval process for certain housing projects on housing opportunity sites that were included in a prior housing element(s). The attached ordinance (Attachment A) would provide a new mechanism for by-right zoning approval of qualifying projects on these “recycled” Housing Element sites. Pursuant to state law, jurisdictions cannot require a discretionary approval process2 for projects that utilize certain Housing Element inventory sites that were used in prior Housing Elements cycles and designated as meeting the City’s lower income regional housing needs allocation. Additional criteria apply and include: 1. Qualifying sites may be non-vacant sites used in one previous housing element cycle, or vacant sites included in two previous housing element cycles; 2. Projects must provide 20% of its total units to lower income households; and 3. Sufficient water, sewer, and other dry utilities available and accessible. In total, 16 sites in the adopted Housing Element meet criterion 1, above. Applicability of the by-right provision for these sites depends on a project specific application and demonstrated compliance with Criteria 2 and 3. As defined in state law, by-right zoning approval means the City cannot require a conditional use permit, planned unit development permit, or other discretionary local government review, or any approval that would constitute a “project” under the California Environmental Quality Act (CEQA). In addition to these procedural requirements, state law requires that recycled sites be zoned to require a minimum density of 20 dwelling units per acre, while allowing at least 30 dwelling units per acre. State law also requires density and development standards that would allow development of at least 16 units per site. The recently adopted ordinance implementing Housing Element Program 1.1 satisfied all of these density and development standards requirements. 1 Per Government Code § 65583.2 “Use by right” means “local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a ‘project’ [under CEQA].” 2 Projects requiring subdivision would not be eligible for by-right approval and still be subject to all requirements of the Subdivision Map Act and the City’s subdivision ordinance, including any discretionary review required thereunder. Existing Development Review Process Under the City’s current development review process, multifamily developments are subject to the architectural review process set forth in PAMC Section 18.77.070. This allows the ARB to make a recommendation to the Planning and Development Services Department Director (Director). There is also an alternative streamlined review process (PAMC Section 18.77.073) for eligible mixed-use and multi-family projects which utilize the objective design standards outlined in PAMC Chapter 18.24. This streamlined process allows applicants with compliant projects to go through a staff level review and attend one study session with the ARB prior to the Director’s decision. Table 1: Key Differences in the Multifamily Development Review Process Existing Proposed Standard Review (PAMC 18.77.070) Streamlined Review (PAMC 18.77.073) By-Right Review (PAMC 18.77.074) ARB Purview Review & recommendation required for projects not compliant with Objective Standards Study Session review following a staff-level review of projects compliant with Objective Standards Study Session review, if referred by the Planning Director, following a staff- level review of projects for Objective Standard compliance CEQA Applicable Applicable Not Applicable Decision Planning Director Planning Director Planning Director New By-right Review Process for Eligible Sites The proposed ordinance outlines a new ministerial approval process for by-right projects which includes staff review for compliance with the City’s objective standards in the Comprehensive Plan, Specific Plans, Area Plans, PAMC (including Section 18.77.074), and other rules and regulations. At the discretion of the Director, applicants may also have their projects reviewed by the ARB at a study session. No CEQA review would be associated with developments eligible for the by-right process. The Director would make the final staff level decision on by-right projects. This process is similar to how 525 East Charleston Road was processed under AB 2162. The attached ordinance makes minor changes to Chapters 18.76 (Permits and Approvals) and 18.77 (Processing of Permits and Approvals) to clarify which projects are subject to streamlined review and ministerial review. The ordinance also clarifies that such projects are required to obtain a planning entitlement prior to issuance of a building permit, even if they are only subject to ministerial review. FISCAL/RESOURCE IMPACT This action has no fiscal or resource impact. STAKEHOLDER ENGAGEMENT Notice of the ordinance will be made available online, posted on the public noticing kiosk at King Plaza, City Hall, and published in the Daily Post at least 10 days in advance of the meeting. ENVIRONMENTAL REVIEW The adoption of the ordinances would implement Program 1.3, Sites Used in Previous Housing Cycle, of the adopted Housing Element. An Addendum to the Comprehensive Plan Environmental Impact Report (EIR) was prepared to analyze the potential environmental impacts of the Housing Element and the sites inventory contained therein. This environmental analysis under CEQA includes all components of the Housing Element, including implementation of Program 1.3 and the associated text amendments. ATTACHMENTS Attachment A: Urgency Ordinance to Implement Housing Element Program 1.3 Creating By- Right Zoning Approval for Specific Housing Element Inventory Sites Attachment B: Ordinance to Implement Housing Element Program 1.3 Creating By-Right Zoning Approval for Specific Housing Element Inventory Sites APPROVED BY: Jonathan Lait, Planning and Development Services Director *NOT YET APPROVED* Atachment A 1 0160134_20240109_ay16 Ordinance No. _____ Emergency Ordinance of the Council of the City of Palo Alto Amending Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.3 of the City of Palo Alto 2023-2031 Housing Element The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declara�ons. (a) On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b) In accordance with AB 1397 (2017), Program 1.3, Sites Used in Previous Housing Cycle, requires rezoning and a “by right” approval process for qualifying projects proposed on certain housing opportunity sites that were included as opportunity sites in prior housing elements. (c) Government Code Sec�on 65583.2, subdivision (c) and the Housing Element require that the City complete its implementa�on of Program 1.3 by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element. (d) Ordinance No. 5608, adopted on December 11, 2023, accomplished the required rezoning for all sites subject to Program 1.3. (e) This ordinance implements the “by right” development process for sites subject to Program 1.3 and makes conforming changes to exis�ng provisions of Title 18. (f) The City Council ﬁnds and declares that this emergency ordinance is necessary as an emergency measure to preserve the public peace, health or safety by promo�ng the development of much-needed housing in Palo Alto, and by ensuring compliance with the deadlines and requirements of state law set forth above. (g) The City Council further ﬁnds and declares that the need for housing development presents a current and immediate threat to the public health, safety, or welfare and that the provisions of this ordinance will remove barriers that contribute to this threat. SECTION 2. Sec�on 18.14.050 (By Right Status of Qualifying Projects on Speciﬁed Housing Opportunity Sites) of Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.14.050 By Right Status of Qualifying Projects on Speciﬁed Housing Opportunity Sites (a) Mul�-family residen�al projects on housing opportunity sites shall be a “use by right,” subject to all of the following requirements: (1) The site is designated in Appendix D of the Housing Element to accommodate lower income households and it is either: (A) a nonvacant site included in one prior housing element; or (B) a vacant site that has been included in two or more consecu�ve, prior housing elements; *NOT YET APPROVED* Atachment A 2 0160134_20240109_ay16 (2) The site was not previously approved to develop a por�on of City’s regional housing need alloca�on; (3) The project restricts at least 20 percent of the units to rents or sales prices aﬀordable to lower income households; and (4) The site has suﬃcient water, sewer, and other dry u�li�es available and accessible. (b) “use by right” shall have the same meaning as provided in Government Code Sec�on 65583.2, subdivision (i). (c) “lower income households” shall have the same meaning as provided in Health and Safety Code Sec�on 50079.5. (d) Qualifying projects shall be reviewed pursuant to Sec�on 18.77.074. SECTION 3. Sec�on 18.77.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]): 18.76.020 Architectural Review (a) Purpose [. . .] (b) Applicability No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this sec�on, unless an applica�on for architectural review is reviewed, acted upon, and approved or approved with condi�ons as set forth in Sec�on 18.77.070. (1) Exempt Projects. The following projects do not require architectural review: [. . .] (C) Housing development projects, as deﬁned in Government Code Sec�on 65589.5(h)(2) (the Housing Accountability Act), but only to the extent if such projects qualify for ministerial review under Government Code sec�ons 65913.4 or 65951, or if they comply with all applicable objec�ve standards, in this code and the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5, 65913.4, or 65905.5. Such projects shall be subject to the processes set forth in Sec�ons 18.77.073 or 18.77.074, as applicable. [. . .] SECTION 4. Sec�on 18.76.025 (Mul�-Family Residen�al Projects Exempt Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.76.025 Mul�-Family Residen�al Projects Exempt from Architectural Review No permit required under Title 2, Title 12 or Title 16 shall be issued for a mul�-family residen�al project that is exempt from Architectural Review under Sec�on 18.76.020, subdivision (b)(1)(C), unless it ﬁrst receives a planning approval from the Planning Director under this Sec�on. Projects subject to ministerial review or that are deﬁned as a “use by right” under state law shall be reviewed under Sec�on 18.77.074. *NOT YET APPROVED* Atachment A 3 0160134_20240109_ay16 Projects that are not subject to ministerial review, but that comply with all applicable objec�ve standards, shall be reviewed under Sec�on 18.77.073. SECTION 5. Sec�on 18.77.073 (Streamlined Housing Development Project Review Process) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]): 18.77.073 Streamlined Housing Development Project Review Process (a) Applicability This sec�on shall apply to applica�ons for residen�al mixed-use and mul�family housing development projects, as deﬁned in Government Code Sec�on 65589.5(h)(2), that comply with all applicable objec�ve standards in this code and for which the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5, or 65905.5. [. . .] SECTION 6. Sec�on 18.77.074 (Ministerial and By Right Review Processes) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.77.074 Ministerial and By Right Review Process (a) Purpose and Applicability This sec�on is intended to deﬁne a streamlined, ministerial review process for qualifying Housing Development Projects that are submited pursuant to streamlining provisions in AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This sec�on shall apply to mul�-family residen�al projects that are subject to ministerial review or deﬁned as a “use by right” in state law, including, but not limited to, Government Code Sec�ons 65651, 65583, 65583.2, and 65913.4. This sec�on does not apply to the crea�on of an accessory dwelling unit and/or junior accessory dwelling unit. The review required by this sec�on shall not involve the exercise of discre�on in a manner that would cons�tute a “project ” for purposes of the California Environmental Quality Act (CEQA). This sec�on does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a “project ” for purposes of CEQA. (b) Staﬀ level review. Applica�ons under this sec�on shall be reviewed by City staﬀ for compliance with applicable objec�ve standards in the City’s Comprehensive Plan, Speciﬁc Plans, Area Plans, Municipal Code, and other rules and regula�ons. A decision on the applica�on shall be made by the Planning Director within any �meframes dictated by applicable state law. (c) Public study session. Prior to preparing a writen decision, the Director may, in his or her sole discre�on, refer the applica�on to the Architectural Review Board or to other advisory boards or commissions for informal review. The recommenda�ons of such boards and commissions shall not be binding. (d) Public no�ces. *NOT YET APPROVED* Atachment A 4 0160134_20240109_ay16 No�ce of a public mee�ng to consider the applica�on shall be given at least seven days prior to the mee�ng by mailing to the applicant and all residents and owners of property within 600 feet of the project. No�ce shall include the address of the property, a brief descrip�on of the proposed project, and the date and �me of the hearing. SECTION 7. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not aﬀect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal. SECTION 8. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, ﬁnding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.3 of the Housing Element, which this ordinance implements. SECTION 9. This ordinance shall be eﬀec�ve immediately upon adop�on by a four-ﬁ�hs vote of the City Council, unless extended or repealed by the City Council, shall remain in eﬀect for 45 days, or un�l a replacement ordinance becomes eﬀec�ve, whichever occurs ﬁrst. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Atorney City Manager ____________________________ Director of Planning and Development Services *NOT YET APPROVED* Atachment B 1 0160133_20231221_ay16 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Amending Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.3 of the City of Palo Alto 2023-2031 Housing Element The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declara�ons. (a) On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b) In accordance with AB 1397 (2017), Program 1.3, Sites Used in Previous Housing Cycle, requires rezoning and a “by right” approval process for qualifying projects proposed on certain housing opportunity sites that were included as opportunity sites in prior housing elements. (c) Government Code Sec�on 65583.2, subdivision (c) and the Housing Element require that the City complete its implementa�on of Program 1.3 by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element. (d) Ordinance No. XXXX, adopted on December 11, 2023, accomplished the required rezoning for all sites subject to Program 1.3. (e) This ordinance implements the “by right” development process for sites subject to Program 1.3 and makes conforming changes to exis�ng provisions of Title 18. SECTION 2. Sec�on 18.14.050 (By Right Status of Qualifying Projects on Speciﬁed Housing Opportunity Sites) of Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.14.050 By Right Status of Qualifying Projects on Speciﬁed Housing Opportunity Sites (a) Mul�-family residen�al projects on housing opportunity sites shall be a “use by right,” subject to all of the following requirements: (1) The site is designated in Appendix D of the Housing Element to accommodate lower income households and it is either: *NOT YET APPROVED* Atachment B 2 0160133_20231221_ay16 (A) a nonvacant site included in one prior housing element; or (B) a vacant site that has been included in two or more consecu�ve, prior housing elements; (2) The site was not previously approved to develop a por�on of City’s regional housing need alloca�on; (3) The project restricts at least 20 percent of the units to rents or sales prices aﬀordable to lower income households; and (4) The site has suﬃcient water, sewer, and other dry u�li�es available and accessible. (b) “use by right” shall have the same meaning as provided in Government Code Sec�on 65583.2, subdivision (i). (c) “lower income households” shall have the same meaning as provided in Health and Safety Code Sec�on 50079.5. (d) Qualifying projects shall be reviewed pursuant to Sec�on 18.77.074. SECTION 3. Sec�on 18.77.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]): 18.76.020 Architectural Review (a) Purpose [. . .] (b) Applicability No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this sec�on, unless an applica�on for architectural review is reviewed, acted upon, and approved or approved with condi�ons as set forth in Sec�on 18.77.070. (1) Exempt Projects. The following projects do not require architectural review: [. . .] *NOT YET APPROVED* Atachment B 3 0160133_20231221_ay16 (C) Housing development projects, as deﬁned in Government Code Sec�on 65589.5(h)(2) (the Housing Accountability Act), but only to the extent if such projects qualify for ministerial review under Government Code sec�ons 65913.4 or 65951, or if they comply with all applicable objec�ve standards, in this code and the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5, 65913.4, or 65905.5. Such projects shall be subject to the processes set forth in Sec�ons 18.77.073 or 18.77.074, as applicable. [. . .] SECTION 4. Sec�on 18.76.025 (Mul�-Family Residen�al Projects Exempt Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.76.025 Mul�-Family Residen�al Projects Exempt from Architectural Review No permit required under Title 2, Title 12 or Title 16 shall be issued for a mul�-family residen�al project that is exempt from Architectural Review under Sec�on 18.76.020, subdivision (b)(1)(C), unless it ﬁrst receives a planning approval from the Planning Director under this Sec�on. Projects subject to ministerial review or that are deﬁned as a “use by right” under state law shall be reviewed under Sec�on 18.77.074. Projects that are not subject to ministerial review, but that comply with all applicable objec�ve standards, shall be reviewed under Sec�on 18.77.073. SECTION 5. Sec�on 18.77.073 (Streamlined Housing Development Project Review Process) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]): 18.77.073 Streamlined Housing Development Project Review Process (a) Applicability This sec�on shall apply to applica�ons for residen�al mixed-use and mul�family housing development projects, as deﬁned in Government Code Sec�on 65589.5(h)(2), that comply with all applicable objec�ve standards in this code and for which the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5, or 65905.5. [. . .] SECTION 6. Sec�on 18.77.074 (Ministerial and By Right Review Processes) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: *NOT YET APPROVED* Atachment B 4 0160133_20231221_ay16 18.77.074 Ministerial and By Right Review Process (a) Purpose and Applicability. This sec�on is intended to deﬁne a streamlined, ministerial review process for qualifying Housing Development Projects that are submited pursuant to streamlining provisions in AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This sec�on shall apply to mul�-family residen�al projects that are subject to ministerial review or deﬁned as a “use by right” in state law, including, but not limited to, Government Code Sec�ons 65651, 65583, 65583.2, and 65913.4. This sec�on does not apply to the crea�on of an accessory dwelling unit and/or junior accessory dwelling unit. The review required by this sec�on shall not involve the exercise of discre�on in a manner that would cons�tute a “project” for purposes of the California Environmental Quality Act (CEQA). This sec�on does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a “project ” for purposes of CEQA. (b) Staﬀ level review. Applica�ons under this sec�on shall be reviewed by City staﬀ for compliance with applicable objec�ve standards in the City’s Comprehensive Plan, Speciﬁc Plans, Area Plans, Municipal Code, and other rules and regula�ons. A decision on the applica�on shall be made by the Planning Director within any �meframes dictated by applicable state law. (c) Public study session. Prior to preparing a writen decision, the Director may, in his or her sole discre�on, refer the applica�on to the Architectural Review Board or to other advisory boards or commissions for informal review. The recommenda�ons of such boards and commissions shall not be binding. (d) Public no�ces. No�ce of a public mee�ng to consider the applica�on shall be given at least seven days prior to the mee�ng by mailing to the applicant and all residents and owners of property within 600 feet of the project. No�ce shall include the address of the property, a brief descrip�on of the proposed project, and the date and �me of the hearing. SECTION 7. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not aﬀect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal. *NOT YET APPROVED* Atachment B 5 0160133_20231221_ay16 SECTION 8. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, ﬁnding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.3 of the Housing Element, which this ordinance implements. SECTION 9. This ordinance shall be eﬀec�ve on the thirty-ﬁrst date a�er the date of its adop�on. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Atorney City Manager ____________________________ Director of Planning and Development Services