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CC 02-19-2025 Item No. 9 Zoning Map Amendment_ Desk ItemCC 02-19-2025 Item No. 9 Zoning Map Amendment to correct zoning for Priority Housing Site No. 24 in 6th cycle Housing Element Desk Item 1 City Council February 19, 2025 Zoning designation correction for Priority Housing Site No. 24 in 6th Cycle Housing Element (20865 McClellan Road) Background 6th Cycle Housing Element adopted - May 14, 2024 Rezoning (reqd. by state law) – July 16, 2024 HE certified by HCD - September 4, 2024 58 Priority Housing Sites mostly along SCB, De Anza, Homestead Few sites located in west neighborhoods Per direction from PC and CC in early-mid ’22 Affirmatively Furthering Fair Housing (state law) These sites allow densities to accommodate townhomes (~20 du/ac) 1 2 2 Background 20865 McClellan allows densities between 10 – 20 du/ac Land Use Map excerpt Pink sites – 10-20 du/ac Background Historically,P (planned development) zoning designation used as combining district for flexible standards State law (e.g. SB330 and SB 35) now requires objective standards for review of housing developments City established Townhome (TH)combining district to satisfy HCD review R3 – multi-family (typically stacked units) TH – combining district to allow townhomes (typically units with shared walls and no stacking) 3 4 3 Priority Housing Site No. 24 Oversight for Site no. 24 needs correction 14 residential-only Priority Housing sites with R3 zoning,all except this one have R3/TH zoning Site 24 described in Housing Element Table B4-8: Table B4-7 unintentionally omitted TH designation Planning Commission Review Recommended approval by 3-2 vote (Scharf and Madhdhipatla voting no) on December 10, 2024 Several persons spoke against the correction action since they were dissatisfied about original rezoning to R3 Comments made include: Perceived incompatibility of a townhome or multi- family development on this site Increased traffic and traffic safety concerns Adequate availability of utilities 5 6 4 Environmental Review Statutorily Exempt from the California Environmental Quality Act (CEQA) YIMBY and CA Housing Defense Fund filed lawsuit on Feb 3, 2023; Settled in Jan 2024 All actions related to Housing Element adoption (including rezoning) exempt from CEQA pursuant to CA Govt. Code Section 65759 Environmental Assessment prepared and adopted as Appendix G of General Plan on May 14, 2024 Since no increase in density, no environmental impacts anticipated pursuant to CA Govt. Code Section 15061(b)(3) Recommendation Change to zoning: Does NOT change density (i.e., number of units that can be built on site) allowed by General Plan Ensures zoning is consistent with the General Plan and Housing Element text Allows development to proceed as anticipated – with townhomes HCD expects City to take any actions necessary to enable expected development identified in Housing Element Recommend adopting resolution that City Council correct zoning for Priority Housing Element site no. 24 at 20865 McClellan Rd from R3 to R3/TH 7 8