ORDINANCE NO. _____
Ordinance Of The City Council Of The City Of Emeryville Amending The Planning Regulations In Title 9 Of The Emeryville Municipal Code To Streamline The Development Review Process For Multifamily And Mixed-Use Residential Projects Requiring Ministerial Approval To Comply With State Law WHEREAS, State laws limit the City’s ability to require certain multifamily and mixed-use residential development proposals to comply with subjective standards, regulations, and criteria; and
WHEREAS, State law instead allows those projects to undergo streamlined review and/or limit the City’s ability to deny them or reduce density as long as they comply with “objective development standards;” and
WHEREAS, State law generally defines such standards as those that involve no personal or subjective judgment by a public official and that are uniformly verifiable by a benchmark or criterion known prior to application submittal; and
WHEREAS, on December 20, 2019, the City was awarded an SB 2 Planning Grant from the State Department of Housing and Community Development for preparation of such objective development standards (the “Project”); and
WHEREAS, the Planning Commission has held three study sessions, the City Council has held two study sessions, and the Project has been reviewed and commented on by the Bicycle/Pedestrian Advisory Committee, the Transportation Committee, and the Housing Committee; and
WHEREAS, notices for the Planning Commission’s and City Council’s consideration of the Project was provided pursuant to Government Code Section 65090; and WHEREAS, the Project not a “project” pursuant CEQA Guidelines section 15378(b)(5) because the Regulations and Guidelines are organizational or administrative activities that will not result in direct or indirect physical changes in the environment; the amendments will simply install or amend design standards for future construction. Even if the amendments were considered to be a project, they would exempt from environmental review pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that their adoption alone would have a significant effect on the environment and any future project that relied on the Planning Regulations and Design Guidelines would require its own CEQA review; and
WHEREAS, the Planning Commission held a duly and properly noticed public hearing on October 26, 2023 in which the Commission recommended approval to the City Council with to two minor changes to Chapter 4 of Title 9; and
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. _____
Objective Standards - Amendments To Title 9
City Council Meeting | November 21, 2023
WHEREAS, the City Council held a duly and properly noticed public hearing on November 21, 2023 in which the City Council reviewed the recommended changes to the Planning Regulations in Title 9 of the Emeryville Municipal Code; and WHEREAS, the City Council has reviewed and considered the staff report and attachments thereto, all public comments, and the project as set forth in this Resolution and the applicable provisions of the Emeryville Planning Regulations (the “Record”);
NOW, THEREFORE, THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT
The purpose and intent of this Ordinance is to adopt amendments to the Planning Regulations in Title 9 of the Emeryville Municipal Code to streamline the development review process for multifamily and mixed-use residential projects requiring ministerial approval to comply with state law.
SECTION TWO. REQUIRED FINDINGS FOR ADOPTING ORDINANCE
The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Sections 9-7.1305:
a) That the proposed amendment is consistent with the General Plan; The proposed amendment to the Planning Regulations is consistent with the following goals and policies of the General Plan:
Land Use Goal LU-G-9, “Appropriately scaled buildings – heights and massing that do not appear monolithic.”
Park and Open Space System Goal PP-G-2, “New public spaces – A public realm and new public parks and plazas that serve as focal points of the community.”
Park and Open Space System Policy PP-P-4, “Locate ‘other park opportunities’… to maximize accessibility for residents…” Park and Open Space System Policy PP-P-11, “All large new residential developments shall include a combination of private and common open space.”
Urban Design Goal UD-G-18, “A city identity – An identity that distinguishes Emeryville for the community and its visitors.” DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. _____
Objective Standards - Amendments To Title 9
City Council Meeting | November 21, 2023
Urban Design Policy UD-P-1, “The City shall strive to accentuate activity and presence at the street level, particularly along pedestrian-oriented corridors and in residential areas.” Urban Design Policy UD-P-44, “Curb cuts shall be minimized to emphasize continuous, unbroken curb lengths.”
Urban Design Policy UD-P-46, “Ground floor uses should be emphasized to facilitate pedestrian use, with standards for building frontage, fenestration, and entries.”
b) That the proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public;
The proposed amendments will benefit the public by helping streamline the approval of affordable residential projects and by providing clarity on development requirements for all those involved in the approval process including staff, decision makers (elected and appointed persons), community members, and applicants.
c) That the proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act; The Project has been reviewed in compliance with the requirements of CEQA. The amendments to the Planning Regulations are not a “project” pursuant CEQA Guidelines section 15378(b)(5) because the Regulations and Standards are organizational or administrative activities that will not result in direct or indirect physical changes in the environment; the amendments will simply install or amend design standards for future construction. Even if the amendments were considered to be a project, they would be exempt from environmental review pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that their adoption alone would have a significant effect on the environment. Any future project that relied on the Planning Regulations would require its own CEQA review.
d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. _____
Objective Standards - Amendments To Title 9
City Council Meeting | November 21, 2023
There are no proposed changes to Zoning Maps.
SECTION THREE. AMENDING CHAPTERS 3, 4, 5, 7 AND 8 OF THE PLANNING REGULATIONS IN TITLE 9 OF THE EMERYVILLE MUNICIPAL CODE.
Chapters 3, 4, 5, 7 and 8 of the Planning Regulations in Title 9 of the Emeryville Municipal Code are hereby amended as set forth in Exhibit A of this Ordinance, which is hereby incorporated into this Ordinance by reference, with deletions shown in strikeout type and additions shown in red underline.
SECTION FOUR. CEQA DETERMINATION
The amendments to the Planning Regulations are not a “project” pursuant CEQA Guidelines section 15378(b)(5) because the Regulations and Standards are organizational or administrative activities that will not result in direct or indirect physical changes in the environment; the amendments will simply install or amend design standards for future construction. Even if the amendments were considered to be a project, they would be exempt from environmental review pursuant to the “common sense exemption” at CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that their adoption alone would have a significant effect on the environment. Any future project that relied on the Planning Regulations would require its own CEQA review.
SECTION FIVE. SEVERABILITY
The City Council hereby declares that every section, paragraph, clause and phrase of this Ordinance is severable. If, for any reason, any section, paragraph, clause and phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.
SECTION SIX. CODIFICATION
Section Three of this Ordinance shall be codified in the Emeryville Municipal Code as depicted in Exhibit A to this Ordinance. Sections One, Two, Four, Five, Six and Seven shall not be codified.
SECTION SEVEN. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33693.
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Ordinance No. _____
Objective Standards - Amendments To Title 9
City Council Meeting | November 21, 2023
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 21, 2023, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 19, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Amendments to Chapter 3, 4, 5, 7 and 8 of Title 9 DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4