ORDINANCE NO. (N.C.S)
AN ORDINANCE AMENDING SECTIONS 37-10.290 (“E” DEFINITIONS), 37-10.430 (“S” DEFINITIONS), 37-30.60 (RESIDENTIAL LOW DENSITY DISTRICT), 37-30.110 (RESIDENTIAL MEDIUM DENSITY DISTRICTS), 37-30.160 (RESIDENTIAL HIGH DENSITY DISTRICTS), 37-30.200 (COMMERCIAL DISTRICTS), 37-30.230 (MIXED USE DISTRICTS), AND 37-30.390 (PUBLIC/SEMIPUBLIC DISTRICT), AND ADDING SECTION 37-50.235 - SCHOOL DISTRICT OR COMMUNITY COLLEGE DISTRICT HOUSING TO CHAPTER 37 OF THE MUNICIPAL CODE (ZONING CODE) (ZCA-2002-002)
WHEREAS, on November 7, 2006, the Salinas City Council, adopted Ordinance Number 2463 replacing the existing Zoning Code; and WHEREAS, the Salinas City Council has amended various provisions of Chapter 37 of the Salinas Municipal Code (“Zoning Code”) fifteen times to allow for general changes, language clarification, and minor corrections; and WHEREAS, in the last several years, the Salinas City Council consistent with the 2015 Housing Element has initiated several zoning code amendments to facilitate the production of housing to address Salinas’ severe housing shortage; and WHEREAS, the City received funding from SB 2 to facilitate zone changes or zoning code amendments to increase available land for housing and on November 5, 2019, the Salinas City Council adopted Ordinance Number 2624 allowing residential uses in the Public/Semipublic (PS) Zoning District subject to approval of a Conditional Use Permit; and WHEREAS, the City also adopted zoning code amendments to allow certain residential uses in the Commercial Thoroughfare (CT) Zoning District and expanded employee housing opportunities in the Residential Low Density (R-L) and Residential Medium Density (R-M) Zoning Districts; and WHEREAS, the Salinas Union High School District (SUHSD) approached City staff regarding the possible acquisition of an empty apartment complex to provide affordable housing for teachers and other school employees; and WHEREAS, existing regulations restrict large employer housing and would not allow the school district to acquire property for this use; and WHEREAS, the City is interested in advancing the Housing Element by enabling the school and community college districts to facilitate affordable housing for school employees and the public consistent with the Teacher Housing Act of 2016; and WHEREAS, on April 6, 2022, at a duly noticed public hearing, the Salinas Planning Commission recommended that the City Council introduce and adopt Zoning Code Amendment 2022-002, which amends Sections 37-10.290 (“E Definitions”), 37-30.420 (“S Definitions”), 37-30.60 (Residential Low Density District), 37-30.110 (Residential Medium Density District), 37-30.160 (Residential High Density District), 37-30.200 (Commercial Districts), 37-30.240 (Mixed Use Districts) and 37-30.390 (Public/Semipublic District), and adds Section 37-50.235 – School District or Community College District Housing to Chapter of the Salinas Municipal Code (Zoning Code); and WHEREAS, on April 26, 2022, at a duly noticed public hearing, the City Council weighed the evidence, including the Staff Report which is on file at the Community Development Department together with the record of environmental review and hereby finds that the following amendment will not have the effect of reversing policies of the Salinas General Plan or other plans and policies previously adopted by the City Council and the City Council finds the project to be categorically exempt from the California Environmental Quality Act (CEQA), as follows:
Categorical Exemption:
The project has been found to be a Class 5 Categorical Exemption pursuant to Guidelines Section 15305 of the Guidelines to the California Environmental Quality Act (CEQA).
The proposed Zoning Code Amendment to amend Sections 37-10.290 (“E Definitions”), 37-30.420 (“S Definitions”), 37-30.60 (Residential Low Density District), 37-30.110 (Residential Medium Density District), 37-30.160 (Residential High Density District), 37-30.200 (Commercial Districts), 37-30.240 (Mixed Use Districts) and add Section 37-50.235 – School District or Community College District Housing to Chapter of the Salinas Municipal Code (Zoning Code) is categorically exempt from further environmental analysis per CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations). The proposed Amendment would not result in a significant environmental impact since it would only allow School Districts and Community College Districts to acquire, construct, rehabilitate, or preserve affordable rental housing for its staff or public. This use is consistent with the Teacher Housing Act of 2016.
WHEREAS, the Salinas City Council adopts the following findings, as set forth in Zoning Code Section 37-60.1120, as the basis for its introduction and adoption of the proposed Zoning Code Amendment:
Zoning Code Amendment 2021-005:
The Amendment is consistent with the Salinas General Plan and other plans and policies adopted by the Salinas City Council.
The proposed Amendment would not result in uses inconsistent with any land use designation. It would allow school and community college districts to acquire, construct, rehabilitate, or preserve affordable rental housing for its staff or public. This use is consistent with the Teacher Housing Act of 2016 and proposed amendment that would include community college districts. The Zoning Code Amendment (ZCA 2022-002) would be consistent with General Plan Goal LU-1 by providing housing for school/community college employees to “achieve a balance of land uses to provide for a range of housing, jobs, libraries, and educational and recreational facilities that allow residents to live, work, shop, learn, and play in the community”. ZCA 2022-002 is also consistent with General Plan Policy LU-1.2 which states “provide a plan for land uses that includes the capacity to accommodate growth projected for 2020 and beyond” and Policy LU3.8 to “encourage the production of housing that meets the needs of agricultural and other essential workers within the community. Multiple studies including a 2018 report from UC Berkely, Terner Center for Housing Innovation have identified lack of affordable housing for teachers and educational employees as a cause for worker shortages in California schools. Allowing this use, will enable school districts to meet the housing needs of this essential workforce.
As outlined in ZCA 2022-002, school or community college district housing involving construction or rehabilitation would be subject to the underlying zoning district development regulations and design standards. This provision has been added as a footnote for every relevant use table. As a result, ZCA 2022-002 would be consistent with the General Plan and Zoning Code.
The Amendment will not have the effect of reversing the policies of the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.
ZCA 2022-002 will not reverse existing policies, because the proposed changes would be consistent with the General Plan. The proposed amendment is in substantial conformance with the purposes, intent, and provisions of the General Plan. In fact, the proposed amendment actually advances multiple provisions in the Land Use and Housing Elements. As stated above, the proposed Amendment would be consistent with General Plan Policy LU-3.8 which encourages “the production of housing that meets that needs of agricultural and other essential workers within the community”. ZCA 2022-002 will not only help stabilize the educational workforce, but it will ensure that the community has the staff to prepare the next generation of Salinas’ workforce currently attending local schools and Hartnell Community College.
The proposed Amendment is also consistent with multiple policies in the Housing Element such as Policy H-1.7, which states “ensure that new residential development and reuse/revitalization projects are compatible with surrounding neighborhoods by requiring new development to comply with the City’s Zoning Code development regulations and design standards”. As stated above, a footnote would be added to ensure that school and community college district housing comply with the underlying zoning regulations. ZCA 2022-002 would also advance Policies H-1.8 and H-1.9 by reducing “municipal constraints to the production, maintenance, and development of decent, safe housing” and encouraging the “development of higher density apartments…in areas that are near major transit corridor…and near to key destinations (parks, schools, childcare, stores, healthy food options, employment, social services, and healthcare)”. This amendment would eliminate the zoning code barrier that restricts school and community college districts from facilitating the development of teacher and school/college employee housing. ZCA 2022-002 would allow for the potential development of affordable housing on school sites and other key destinations.
The amendment also would promote Policies H-1.12 by continuing “to create affordable housing through innovative solutions for financing with multiple funding sources and affordable housing partners including local, private, state, and federal sources”. The school and community college districts have a variety of available funding sources including bonds that can be a mechanism to support affordable housing for teachers and staff. This is one of the reasons for the Teacher Hosing Act of 2016. Finally, ZCA 2022-002 would further Policy H-3.8, which aims to support collaborative partnerships of nonprofit organizations, affordable housing developers, major employers, and market-rate housing developers to expand affordable housing opportunities for those working the City of Salinas and surrounding areas”. When the City was first approached by the Salinas Union High School District, staff was excited about the opportunity to facilitate this type of collaboration by eliminating a restriction that would prevent the district from acquiring or developing new affordable housing units. However, recognizing many residents’ concern that a school or community college district may purchase occupied rental units and create displacement, ZCA 2022-002 includes requirements for notification and relocation assistance to mitigate potential impacts should this occur in the future.
The Amendment would not create an isolated district unrelated to adjacent zoning districts.
The proposed establishment of this Ordinance will not create any additional zoning districts.
The City has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.
Salinas is an urbanized area and public infrastructure is presently in place to serve most uses. The proposed Amendment would not create the need for additional infrastructure.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS AS FOLLOWS: (Revisions are shown in underline/strikethrough text) SECTION 1. Amend Zoning Code Section 37-10.290. “E” definitions and 37-10.430. “S” definitions as follows:
Sec. 37-10.290. “E” definitions.
Employee Housing. Dwellings and other housing accommodations provided and maintained by an employer for employees in connection with work or the place where work is being performed, whether or not rent is involved. Employee housing may be developed or managed by a party other than the employer, provided the employer retains control and ultimate responsibility for the facility. Housing for agricultural workers is also considered employee housing. Employee Housing does not include school district or community college district housing, which is defined and regulated in Sections 37-10.430 and 37-50.235.
Sec. 37-10.430. “S” definitions.
School District or Community College District Housing. Any affordable rental housing at the low- and moderate-income levels that a school district or community college district acquires, constructs, rehabilitates, or preserves consistent with the Teacher Housing Act of 2016 and as may be amended by the State Legislature. See Section 37-50.235: school district or community college district housing.
SECTION 2. Amend Zoning Code Section 37-30.040. – Residential low density (R-L) district. Alphabetically add School District or Community College District Housing to Table 37-30.30 and numerically add Footnote (16):
Table 37-30.30
Residential Low Density (R-L) District Use Classifications Land Use
R-L-5.5
Additional Use Regulations
Residential Uses
Residential Service Facilities
NP
School District or Community College District Housing
CUP
(16)
Single-family Dwellings—Attached
NP
Single-family Dwellings—Detached
P
(12)
(16) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.070 and design standards of 37-30.080.
SECTION 3. Amend Zoning Code Section 37-30.090. – Residential medium density (R-M) districts and alphabetically add School District or Community College District Housing to Table 37-30.50 and numerically add Footnote (19):
Table 37-30.50
Residential Medium Density (R-M) Districts Use Classifications Land Use
R-M-3.6
R-M-2.9
Additional Use Regulations
Residential Uses
Residential Service Facilities
NP
CUP
School District or Community College District Housing
CUP
SPR
(19)
Single-family Dwellings—Attached
CUP
SPR
(14)
(19) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.120 and design standards of 37-30.130.
SECTION 4. Amend Zoning Code Section 37-30.140. – Residential high density (R-H) districts and alphabetically add School District or Community College District Housing to Table 37-30.70 and numerically add Footnote (15):
Table 37-30.70
Residential Medium Density (R-H) Districts Use Classifications Land Use
R-H-2.1
R-H-1.8
Additional Use Regulations
Residential Uses
Residential Service Facilities
CUP
CUP
School District or Community College District Housing
SPR
SPR
(19)
Single-family Dwellings—Attached
SPR
SPR
(14)
(15) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.170 and design standards of 37-30.180.
SECTION 5. Amend Zoning Code Division 3. – Commercial (C) Districts and alphabetically add School District or Community College District Housing to Table 37-30.90 and numerically add Footnote (40):
Table 37-30.90
Commercial (C) Districts Use Classifications
Land Use
CO/R
CO
CR
CT
Additional Use
Regulations
Residential Uses
Residential Service Facilities
CUP
CUP
CUP
NP
School District or Community College District Housing
SPR
SPR
SPR
CUP
(40)
Second Dwelling Units
SPR
NP
NP
NP
(2)
(40) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.210 and design standards of 37-30.220.
SECTION 6. Amend Zoning Code Division 4. – Mixed Use (MU) Districts and alphabetically add School District or Community College District Housing to Table 37-30.110 and numerically add Footnote (46):
Table 37-30.110
Mixed Use (MU) Districts Use Classifications
Land Use
MAF
MX
Additional Use
Regulations
Residential Uses
Residential Service Facilities
CUP
CUP
(3)
School District or Community College District Housing
CUP
SPR
(46)
Second Dwelling Units
NP
NP
(46) Construction or rehabilitation of School District or Community College District Housing shall comply with the development regulations of Section 37-30.250, mixed used building incentives of Section 37-30.260, modification of use regulations of 37-30.270, design standards of 37-30.280, and exemptions from development regulations and design standards of Section 37-30.290.
SECTION 7. Amend Zoning Code Division 7. – Public/Semipublic (PS) District and alphabetically add School District or Community College District Housing to Table 37-30.170 and add Footnote (12) and (13):
Table 37-30.170
Public/Semipublic (PS) District Use Classifications
Land Use
PS
Additional Use Regulations
Residential Uses
Residential Service Facilities
CUP
(12)(13)
School District or Community College District Housing
CUP
(12)(13)
Single-family Dwellings—Attached
CUP
(12)(13)
SECTION 8. Section 37-50.235 – School District or Community District Housing shall be added to the Zoning Code and reflect the following additions in underline:
Sec. 37-50.235 – School District or Community College District Housing.
Purpose. Facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers, faculty, school district employees, and community college district employees to allow teachers, faculty, school district employees, or community college district employees to access and maintain housing stability.
Definitions.
Affordable rental housing. A rental housing development, as defined in the Teacher Housing Act of 2016 with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income.
Local public employees. Includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.
Teacher, faculty, school district employee, or community college district employee. Any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff.
Applicability. These provisions only apply to teacher, faculty, school district employee, and community college district employee housing as defined by the State of California, Teacher Housing Act of 2016 and as may be amended from time to time.
Requirements.
A school district or community college district may develop or provide employee housing for a teacher, faculty, school district employee, or community college district employee consistent with the Teacher Housing Act of 2016 and as may be amended from time to time.
Teacher, faculty, school district employee, or community college district employee housing may be developed or managed by a party other than the school or college district (employer), provided the employer retains control and ultimate responsibility for the facility.
Housing shall be restricted to teacher, faculty, school district employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public consistent with the Teacher Housing Act of 2016 and federal Fair Housing law.
A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing as allowed by the Teacher Housing Act of 2016 and as may be amended from time to time.
Relocation assistance. If acquisition of occupied housing would result in displacement of tenants, the school district or community college district shall provide notification and relocation assistance as outlined below:
Notification. All tenants shall be given written notice at least 90 days before the date the property must be vacated. Notice shall comply with the legal requirements for service by mail contained in Code of Civil Procedure, Sections 1012, 1013, and 1013a or as otherwise required by law or shall be made by personal delivery to each tenant or other person entitled to receive notice. Confirmation of written acknowledgement of receipt of the notice is required. If a rental agreement was negotiated in another language such as in Spanish, all required notices to that tenant shall be issued in that language. The school district or community college district shall provide the City proof of noticing of tenants to comply with the provisions of this section.
The district shall provide relocation assistance of two times the monthly rent for any tenant household living in any unit before notification of intent to vacate is provided. Relocation assistance shall be in addition to and shall not affect or be affected by any other monetary amounts due to or by the tenant that are payable as a result of the termination of tenancy, including security deposits. Eligible tenants shall be paid relocation assistance at least fourteen days before the tenant is scheduled to vacate the unit. Tenants who have given notice of their intent to vacate prior to receipt of required notification shall not be eligible for relocation assistance.
SECTION 9. This Ordinance shall take effect and be in force thirty days from and after its adoption.
SECTION 10. The Salinas City Clerk is hereby directed to cause the following summary of this ordinance to be published by one (1) insertion in The Monterey Herald, a newspaper of general circulation published and circulated in the City of Salinas and hereby designated for that purpose by the Salinas City Council:
“An Ordinance amending Chapter 37-10.290 (“E” Definitions), 37-10.430 (“S” Definitions), 37-30.60 (Residential Low Density District), 37-30.110 (Residential Medium Density Districts), 37-30.160 (Residential High Density Districts), 37-30.200 (Commercial Districts), 37-30.230 (Mixed Use Districts), and 37-30.390 (Public/Semipublic District), and adding Section 37-50.235 – School District or Community College District Housing to Chapter 37 of the Salinas Municipal Code (Zoning Code) to allow school and college districts to acquire, construct, rehabilitate, or preserve affordable rental housing for their staff and public consistent with the Teacher Housing Act of 2016 (ZCA 2022-002).” SECTION 11. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Salinas City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
This Ordinance was introduced and read on _____, 2022 and passed and adopted on ________, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
_________________________________
Kimbley Craig, Mayor
ATTEST
Patricia Barajas, City Clerk
APPROVED AS TO FORM
Christopher A. Callihan, City Attorney
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