Housing Element Implementation
Amendments to General Plan, Village Specific Plan & Zoning Ordinance City Council January 23, 2024
Laura Russell, Deputy Community
Development Director
Background – Housing Element Process
• State law requires jurisdictions to update the housing element of the general plan every eight years
• Laws are complex and difficult to implement
• Housing and Community Development (HCD) is required to certify that housing elements are in compliance with the law
• Belmont began work on the Housing Element Update in 2021 • City Council adopted the Housing Element and certified the Environmental Impact Report (EIR) in January 2023, prior to statutory deadline • Since that time, amendments have been made and additional HCD comments have been received
• Most recent HCD letter was received December 18, 2023 • Staff is working with HCD to determine necessary changes 2 Background – Timing of These Amendments
• Although the Housing Element isn’t certified by HCD, the clock is still running on the 2023-2031 cycle
• Under State law, some of the Housing Element Programs have deadlines
• These amendments include actions that should be completed by January 31, 2024
• These amendments were prepared for Commission and City Council consideration prior to the deadline
3 Background – Housing Element Programs
October 2023 version of Housing Element includes these policies:
HE Program
Number Program Measure Targets
Policy H.1.5 Modify the Zoning ordinance to
allow for increased floor area
ratios and density.
a. Modify the Corridor Mixed Use (CMU) zoning district to increase the maximum allowed Floor Area Ratio (FAR)
from 1.75 (2.2 with community benefits) to 2.0 (2.5 with community benefits), and to eliminate the maximum
density metric.
b. Modify the VSC Village Station Core zoning district to increase the maximum allowed FAR from 1.5 (2.0 with
community benefits) to 2.0 (2.5 with community
benefits).
Policy H.1.7 Designate housing sites that have
carried over from the prior
Housing Element to allow housing
development by-right.
Amend the Zoning Code to establish a "by-right"
designation for housing sites reused from prior Housing Elements for housing projects that propose a minimum of 20% affordable units.
Areas of Proposed
Amendments
5 Proposed Amendments – Consistency
Reminder: All of the City’s land use policies have to be consistent • General Plan
• Belmont Village Specific Plan (BVSP)
• Belmont Zoning Ordinance (BZO)
Attachment 1 – Resolution related to General Plan and BVSP Attachment 2 – Draft Ordinance amending BZO
Best practice to adopt them together, proposed for next meeting 6 Proposed Amendments – CMU District
Included in Housing Element Program:
• Increase Floor Area Ratio (FAR)
• Increase base from 1.75 to 2.0
• With community benefits, increase
from 2.2 to 2.5
• Eliminate residential density maximum
of 45 units/acre
• Regulate by other development
standards, like BVSP area
7 Floor Area Ratio Example Diagram
Proposed Amendments – VSC District
8 Included in Housing Element Program:
• Increase Floor Area Ratio (FAR)
• Increase base from 1.5 to 2.0
• With community benefits, increase from 2.0 to 2.5
• No change to height
Proposed Amendments – State Law Compliance
9 • Housing Element Law has nuanced requirements for when a jurisdiction reuses a housing inventory site from one housing element cycle to the next
• Sites that meet the criteria and include 20% of units designated for “lower income households”, then the project much be processed “by right”
• “lower income household” = household that makes up to 80% of the Area Median Income. Units must have deed restrictions.
• “By right” = no conditional use permit (CUP) or other discretionary approval required, and no environmental review under CEQA • Design review based on objective standards is allowed • Footnote added to BVSP districts and language added to CMU District Proposed Amendments – Proposed Labor Policy
10 • City Council Members requested consideration of labor policies • Staff reviewed similar policies in nearby jurisdictions • Proposed language encourages:
• Hiring local labor
• Hiring from or contributing to apprenticeship programs • Increasing resources for labor compliance
• Providing living wages
Proposed Amendments
– CMU District Height
• Increase base maximum
height from 45’ to 50’
• Increase community benefits
maximum height from 55’ to
65’ (requires City Council
approval)
Not required at this time for
Housing Element Implementation
CMU District Height
Reasons to consider amendment:
• General Plan and BVSP adopted in 2017, leading to more projects and opportunity to evaluate how policies are working
• Would align height with Village Core and Village Corridor Mixed Use Districts
• Base height increase from 45’ to 50’ would increase flexibility and support sufficient ceiling height for active ground floor uses • For non-residential projects, existing height limit is a constraint on under-performing sites; a change would support economic development priorities
CMU District Height – Example Projects
• 1300 El Camino Real – Firehouse
Square - 66 units – 63.5’
• 1325 Old County Road – Artisan
Crossing - 250 units – 53’
• 815 Old County Road – The
Hayden - 177 units – 60’
• 490 El Camino Real – 74 units –
48’
CMU District Height
What about State housing laws?
• State Density Bonus Law would apply to projects with affordable units, could result in additional height above base height of 50’ • Density Bonus and community benefits are not combined; Density Bonus would not be added to the community benefits height of 65’ • Three story, 33’ law: If a project is 100% affordable housing, project may exceed base height by three stories or 33’. This provision cannot be combined with community benefits height.
14 CMU District Height
• Residents expressed concerns about height increase
• Planning Commission discussed in detail, ultimately voted 4-1 to recommend the proposed amendments except the height increase in CMU District
• Commission comments:
• Consider sufficient height for active ground floor uses • Include appropriate design standards
15 Environmental Assessment
16 • The proposed amendments to the General Plan, BVSP and Zoning Ordinance are within the scope of the Program Environmental Impact Report (EIR) certified on January 30, 2023 for the Housing Element • No additional analysis is required under the California Environmental Quality Act (CEQA)
Alternatives
17 1. Do not adopt proposed Ordinance and Resolution
2. Adopt the Ordinance omitting the increase in height in the CMU District
3. Adopt the Ordinance only allowing the increase in height in the CMU District to commercial developments only
4. Direct staff to study the CMU height and bring back options for consideration at a later date, including design standards and ground floor height, to ensure the development standards align with the City’s vision for the ECR corridor
* #2 and #4 can be combined
Actions Requested of the Council
18 1. Introduce an ordinance amending the Belmont Zoning Ordinance to implement State law and modify development standards in the Corridor Mixed Use and Village Station Core Districts
2. Consider a resolution amending the General Plan Land Use Element and Belmont Village Specific Plan that would implement the Housing Element, State law, and City Council direction
3. Set a public hearing for Tuesday, January 30, 2024, and adjourn this meeting to that date
Questions
19 CMU District Height
• Common story height is 11’, but depends on construction methods • Examples of flexibility:
20 1st story 16’ active ground floor as required in
BVSP area
2nd-4th
story
10’
Total 46’ > 45’ so not currently allowed
1st story 15’
2nd-4th
story
11’
Total 48’ > 45’ so not currently allowed