RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Amending The Emeryville Design Guidelines Consistent With The Changes To Title 9 Of The Emeryville Municipal Code
WHEREAS, on December 7, 2010 the City Council adopted the Emeryville Citywide Design Guidelines (the “Design Guidelines”); and
WHEREAS, on May 19, 2015, the City Council approved amendments to the Design Guidelines to incorporate Family-Friendly Guidelines; and 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, in the development and review of the Project, it became clear that the Design Guidelines should be modified to incorporate objective standards for consistency; 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 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 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 DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Resolution No. _____
Amendments to the Emeryville Design Guidelines to Make Them Consistent With Objective Standards City Council Meeting | November 21, 2023
that relied on the Planning Regulations and Emeryville 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; and
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 to amend the Design Guidelines consistent with the changes to 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, be it
RESOLVED, by the City Council of the City of Emeryville that the above recitals are true and correct and are incorporated herein; and, be it
RESOLVED, that the City Council of the City of Emeryville hereby makes the following findings:
1. The proposed amendments to the Emeryville Design Guidelines are in the public interest of the people of the City of Emeryville and the surrounding region;
2. The proposed amendments to the Emeryville Design Guidelines are consistent with the Emeryville General Plan;
3. The proposed amendments to the Emeryville Design Guidelines are consistent with the Planning Regulations and other plans adopted by the Emeryville City Council;
and be it further
RESOLVED, that the City Council of the City of Emeryville approves the amended Emeryville Design Guidelines attached hereto as Exhibit A. This Resolution shall be effective upon the effective date of Ordinance No. ____ 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.
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4 Resolution No. _____
Amendments to the Emeryville Design Guidelines to Make Them Consistent With Objective Standards City Council Meeting | November 21, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 21, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Amended Emeryville Design Guidelines
DocuSign Envelope ID: A7C156A4-87F8-4B03-BFE5-BDF3F280B0A4