TO: Mayor and City Council
FROM:
BY:
Philippe Eskandar, City Manager
Isidro Figueroa, Community Development Director
DATE: November 13, 2024
SUBJECT: CONSIDERATION OF:
1) ADOPT AN ADDENDUM TO A NEGATIVE
DECLARATION (SCH 2022010208) AND ADOPT THE
2021-2029 HOUSING ELEMENT UPDATE (6TH CYCLE
– AS AMENDED) OF THE SAN MARINO GENERAL
PLAN AND UPDATE THE CITY’S OFFICIAL GENERAL
LAND USE MAP; AND
2) INTRODUCE FOR FIRST READING ORDINANCE NO.
O-24-1415 AMENDING THE CITY’S OFFICIAL
ZONING MAP AND CODE SECTIONS 23.01.01
(DEFINITIONS), 23.01.05 (ZONES AND AREA
DISTRICTS ESTABLISHED, DELINEATION OF ZONES
AND DISTRICTS ON ZONE MAP), 23.01.10
(REASONABLE ACCOMMODATION), 23.02.01 (USES
PERMITTED), 23.03.01 (USES), 23.03.10
(STANDARDS FOR MULTI-FAMILY RESIDENTIAL
DEVELOPMENT), 23.05.01 (USES PERMITTED AND
CONDITIONALLY PERMITTED), 23.05.03
(STANDARDS FOR MULTI-FAMILY RESIDENTIAL
DEVELOPMENT), 23.06.04 (YARDS GENERALLY IN
THE R-1 ZONE), 23.06.05 (GARAGES AND OTHER
ACCESSORY BUILDINGS IN THE R-1 ZONE),
23.10.03 (NUMBER OF PARKING SPACES REQUIRED
IN THE C-1 ZONE), 23.10.04 (PARKING
REQUIREMENTS FOR USES NOT SPECIFIED IN THE
C-1 ZONE), 23.10.06 (REQUIRED IMPROVEMENT
AND MAINTENANCE OF PARKING AREA IN THE C-1
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
ZONE), 23.15.04 (MATTERS SUBJECT TO DESIGN
REVIEW), AND 23.15.16 (STANDARD OF REVIEW
FOR APPLICATIONS NOT SUBJECT TO DESIGN
REVIEW), AND CREATING MUNICIPAL CODE
SECTIONS 23.05.04 (APPLICATION APPROVAL AND
SUBMITTAL REQUIREMENTS), AND 23.05.05 (BYRIGHT REQUIREMENTS), AMENDING ARTICLE 20 OF CHAPTER 23 (MULTI-FAMILY DWELLING
ZONES), AND ADDING THE FOLLOWING ARTICLE TO
CHAPTER 23: 1) ARTICLE 21 (MIXED-USE ZONES);
2) ARTICLE 22 (DENSITY BONUS LAW); AND, 3)
ARTICLE 23 (BY-RIGHT APPROVAL) TO BE
CONSISTENT WITH THE GENERAL PLAN HOUSING
ELEMENT AND RELATED UPDATES AND FINDING
THAT ORDINANCE NO. O-24-1415 IS EXEMPT FROM
CEQA PURSUANT TO CEQA GUIDELINES SECTION
15061(B)(3)
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Safe Community Well-Maintained Infrastructure
BACKGROUND
State law requires all cities and counties in California to establish a long-range plan to meet their “fair share” of regional housing needs because local governments play a vital role in the supply and affordability of housing. Cities are required to plan for the existing and projected demands for housing. The Housing Element is the primary tool used by the State to ensure local governments are appropriately planning for and accommodating enough housing across all income levels. The Housing Element is a mandatory part of a jurisdiction’s General Plan but differs from other General Plan elements in two key aspects: the Housing Element must be updated every eight years (Govt. Code § 65588(e)(5)), and must be reviewed and certified by the California Department of Housing and Community Development (HCD) to ensure compliance with State requirements (§ 65585). Cities in the region covered by the Southern California Association of Governments (SCAG) are currently in the 6th Housing Element Cycle, which covers the period from October 2021 through October 2029. 6th Cycle housing elements were required to be adopted by jurisdictions in the SCAG region by October 15, 2021. Cities failing to meet this deadline were found to be out of compliance with State law and were at risk of numerous penalties.
While there are many statutory requirements that housing elements must meet in order to be certified by the California Department of Housing and Community Development (HCD), the two primary requirements are to accommodate new homes as determined by the City’s Regional Housing Needs Assessment (RHNA) and to Affirmatively Further Fair Housing (AFFH).
One of the first steps in the Housing Element update process is determining each jurisdiction’s RHNA. This determination is conducted by HCD, in consultation with SCAG. HCD assigns each jurisdiction in the region a number of new homes that must be accommodated for within the Housing Element.
This RHNA determination is based on demographic trends and housing conditions, and accounts for both the existing and projected housing need in each jurisdiction. For its 6th Cycle Housing Element, the City of San Marino was assigned a RHNA requirement of 397 new homes, which is broken down into the following income categories:
149 Very-low income
91 Low income
91 Moderate income
66 Above-moderate income
397 Total
The second area of focus within the Housing Element is AFFH. AFFH is a renewed area of focus for HCD, and has not featured as prominently in past housing element cycles. AFFH has been a particular focus in cities that have concentrations of poverty or affluence, either within the city or when comparing the city to its neighbors. AFFH was a particular focus during HCD’s review of the City’s Housing Element because the City of San Marino is relatively affluent compared to its neighboring cities.
The City of San Marino submitted a draft Housing Element to HCD for review on November 1, 2021. HCD reviewed the draft Housing Element and found that it did not meet all of the statutory requirements and that it could not be certified. On December 31, 2021, HCD provided a letter itemizing the requirements that had not yet been met, Attachment 2.
In response to HCD’s December letter, the City revised the Housing Element and in February 2022, the City of San Marino certified and adopted a 6th Cycle Housing Element, which was subsequently sent to HCD for review. HCD found that the Housing Element as adopted, which had been revised to address the December 2021 HCD letter, still did not meet the statutory requirements to be certified as compliant with State law and provided a letter dated April 12, 2022, Attachment 3, with a list of revisions and additional information that needed to be addressed before the City’s Housing Element could be found to be in compliance.
City staff worked with the City’s housing element consultant to prepare a third draft of the Housing Element, which was submitted to HCD for review on May 29, 2024. On July 25, 2024, HCD provided a review letter, Attachment 4, stating that some requirements were still not met and provided a much shorter and more detailed list of requirements that still needed to be addressed.
The City’s housing element consultant prepared a fourth draft of the Housing Element, which was submitted to HCD for review on August 30, 2024. City staff and the City’s housing element consultant met with HCD housing element review staff on October 3, 2024, to discuss HCD’s preliminary review of this fourth draft of the Housing Element. HCD had a few minor revisions, which were addressed quickly, and the Housing Element was resubmitted to HCD on October 9, 2024. On October 11, 2024, HCD provided an informal notification that the Housing Element met all required statutory requirements.
Since the City missed the deadline for adoption of 6th cycle housing elements by more than a year, the City must not only adopt the Housing Element, but must implement the rezoning programs identified in the Housing Element to accommodate the City’s RHNA requirements before it can be found to be in compliance with State housing law.
On October 23, 2024, the Planning Commission conducted a public hearing to review and take public comment on the 6th Cycle Housing Element, addendum to the adopted negative declaration, updates to the both the City’s General Land Use and Zoning maps and Ordinance No. O-24-1415. The Planning Commission unanimously voted (5-0) to adopt Resolution No. PCR-24-11, recommending that the City Council adopt the 6th Cycle Housing Element, addendum to the adopted negative declaration, updates to the both the City’s General Land Use and Zoning maps and Ordinance No. O-24-1415.
On October 28, 2024, the City received a letter from HCD, Attachment 5, indicating that the City’s 6th Cycle Housing Element attached to this staff report meets the statutory requirements described in HCD’s July 26, 2024 review. The October 28th HCD letter also states that the City’s 6th Cycle Housing Element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585, subdivision (g) and all rezones are completed per Government Code section 65588, subdivision (e)(4).
DISCUSSION
This item includes multiple actions to recommend to City Council for the adoption and implementation of the City’s 6th Cycle Housing Element. Included in the recommendations for City Council is for the City to: 1) adopt the 6th Cycle Housing Element; 2) adopt the Addendum to and adopted Initial Study/Negative Declaration (SCH 2022010208); 3) update the City’s official Zoning Map; 5) update the City’s General Plan Land Use Map; and 5) amend the City’s zoning code in accordance with the programs identified in the Housing Element.
Housing Element
The draft Housing Element that has been reviewed by HCD and found to meet the requirements of State law is organized into four sections. Section 1 includes an introduction and summary to the Housing Element. Section 2 covers the City’s housing strategy and includes the goals, policies, and programs the City will need to implement throughout the 6th Cycle. Section 3 details the housing sites that the City has identified to meet its RHNA requirements. Finally, Section 4 includes background data on the City and its region, including demographic data, existing housing resources, and constraints on housing production.
The Housing Element identifies 36 programs that the City will need to implement during the 6th Cycle. These programs address the City’s RHNA and AFFH requirements, among other things. Most notably, these programs commit the City to creating multiple new zoning designations that will allow for the creation of multi-family residential uses in San Marino. These new zones include the Multi-family Residential (RM1) zone, Mixed-Use 1 (MU1) and Mixed-Use 2 (MU2) zones, and the Religious Institution Housing (RIH) zone.
The Housing Element identifies seven housing sites that make use of these new and existing zoning designations to accommodate the City’s RHNA requirements. The seven identified sites are described below.
Huntington Site: The Huntington Library and Gardens has submitted an application to construct 33 employee housing units for graduate students and other researchers affiliated with the Huntington. The housing is anticipated to use approximately 2 acres of the 206-acre site. It is anticipated that these homes will be made available to very-low income residents (i.e. graduate students). This site is currently within the City’s Historical & Cultural (H&C) zone, which already allows for this housing use.
Southwestern Academy: The Southwestern Academy has expressed interest to construct housing for faculty and staff on their existing site. The site is currently zoned R-1 and is proposed to be rezoned to H&C to allow for these residential uses in conjunction with the existing school use. It is anticipated that this rezoning will allow for 20 new homes affordable to moderate income households.
Stoneman: The Stoneman site is a City-owned site that currently is home to the City’s Recreation Department. The Housing Element commits the City to rezone the Stoneman site from R-1 to RM1, which would accommodate 49 homes on the site affordable to very-low income households. The Housing Element specifically calls for the preservation of the existing historic buildings on the Stoneman site, and limits the new housing development to the vacant areas of the site, including the existing field and parking lot. The Housing Element commits the City to offering the Stoneman site to affordable housing developers through an RFP process no later than July 2025.
Mixed-Use Site 1: Mixed-Use Site 1 is a single parcel located at 415 Huntington Drive, on the western edge of the City. This site is currently zoned C-1 and is occupied by a multi-tenant medical office building that is currently partially vacant. The Housing Element commits the City to rezone this site to MU-1, which would allow for the development of residential uses at 30 to 40 units per acre, either with or without a commercial component. It is anticipated that this 1.14 acre site would accommodate at least 34 new homes that would be affordable to moderate income households.
Mixed-Use Site 2: Mixed-Use Site 2 consists of three contiguous parcels located on the 2000 block of Huntington Drive, between Bedford Road and Westhaven Road. These three parcels are currently zoned C-1 and are occupied by single-story commercial retail uses. The Housing Element commits the City to rezoning these parcels to MU-1, which would allow for the development of residential uses at 25-30 units per acre, either with or without a commercial component. It is anticipated that this 1.6 acre site would accommodate at least 40 new homes that would be affordable to moderate income households.
Mixed-Use Site 3: Mixed-Use Site 3 is a single parcel located at 3130 Huntington Drive, on the eastern edge of the City. This site is currently zoned C-1 and is occupied by a Masonic Lodge. The Housing Element commits the City to rezone this site to MU-1, which would allow for the development of residential uses at 30 to 40 units per acre, either with or without a commercial component. It is anticipated that this 0.74 acre site would accommodate at least 22 new homes that would be affordable to moderate income households.
San Marino Community Church: The San Marino Community Church, located at 1750 Virginia Road, is currently zoned R-1. The site is a total of 3.19 acres and consists of a church building and surface parking lot. The Housing Element commits the City to rezone this site to RIH, which would allow for the development of affordable housing alongside the existing church use. The RIH zone would be a local implementation of the State’s SB 4 law which already allows churches to develop housing on their property. It is anticipated that approximately 1.18 acres of the site, currently being used by the parking lot, could be redeveloped into affordable housing. The RIH zone would allow for densities of 20 to 30 units per acre. This site would be able to accommodate up to 23 homes affordable to very-low income households on the parking lot portion of the site.
In addition to these seven identified sites, the City is relying upon the continued construction of Accessory Dwelling Units (ADUs) to help meet its RHNA requirements. Based on the permitting of 100 ADUs between October 15, 2021 and June 30, 2024, it is anticipated that a total of 287 ADUs will be built in the City during the 6th Cycle. Based on research conducted by SCAG and accepted by HCD, it is anticipated that these ADUs will be affordable to households with a range of incomes, as shown below:
43 Extremely-low income
24 Very-low income
128 Low income
6 Moderate income
86 Above-moderate income
287 Total
In total, these sites and the anticipated ADUs meets the City’s RHNA requirements with a surplus at each income category. The surplus is necessary (and required by HCD) so that the City does not fall out of compliance with State law if an identified housing site is built with fewer units than anticipated, which could cause the City to have insufficient housing sites identified to meet its RHNA. The City’s RHNA requirements and the number of housing units accommodated with the implementation of the Housing Element at each income level is shown below:
Total Surplus
Income Level RHNA Capacity Surplus Percent
Very-low 149 172 23 15%
Low 91 128 37 41%
Moderate 91 122 31 34%
Above Moderate 66 87 21 32%
Total 397 509 112 28%
In addition to the programs to meet the City’s RHNA requirements, the Housing Element includes a number of programs that help to affirmatively further fair housing. These programs help ensure that the housing in San Marino can accommodate a wide variety of households with different demographics and incomes. Some of these programs include:
• The adoption of pre-approved ADU plans that have been through the City’s building plan check process, which residents can build without additional City review;
• Community outreach and education regarding the development process.
Hold an annual “open house” at the planning and building department to introduce members of the public to personnel and procedures so that the development process is less daunting;
• Continue the City’s Senior Outreach Program to connect seniors to municipal, recreational, and community service programs, including information and education on ADUs as a viable housing option; • Create a home sharing program to match existing homeowners with people in the community seeking housing; and,
• Consider creating a land trust or partner with an existing land trust to purchase homes as they come on the market and resell the homes, but not the land, to first-time homebuyers.
In addition to these specific programs the City is committing to implement throughout the course of the 6th Cycle, the City will also need to monitor the effectiveness of all of the Housing Element policies to determine if the changes to the City’s zoning and other programs are producing the needed housing to meet the City’s RHNA requirements. The Housing Element commits the City to monitor for effectiveness of ADU policies to achieve production, evaluate the new development standards for the RM1, MU1, MU2, and RIH zones to determine if they are creating a constraint on housing development, and to make necessary changes to the code and policies if it is found that changes are not producing the desired housing production.
Zoning Code Amendment
The proposed zoning code amendment would implement many of the programs identified in the Housing Element, including: 1) creating the RM1, MU1, MU2, and RIH zones; 2) creating objective development standards for multi-family residential development; 3) modifying reasonable accommodation standards and approval to comply with State law; 4) creating new by-right review standards for projects that meet the objective design standards; 5) creating density bonuses for developments with affordable housing to comply with State law; and 6) other changes to ensure consistency between the City’s existing code and the new code sections and amendments.
The zoning code amendments are detailed by article below:
Article 1 – General Provisions: The amendments to Article 1, General Provisions, include three primary revisions. First, the amendment adds and consolidates definitions used throughout the zoning code in one place. Second, the RM1, RIH, MU-1, and MU-2 are added as zones, which are further defined in later articles. Finally, the City’s approval for reasonable accommodations is modified to comply with State law.
Article 2 – R-1 Single-Family Dwelling Zone: Article 2, R-1 Single-Family Dwelling Zone, is amended to permit additional housing types in the R-1 zone.
These additional housing types are: 1) employee housing for six or fewer employees within the zone; and 2) residential care facilities (regardless of licensing) for six or fewer persons.
Article 3 – C-1 Commercial Zone: Article 3, C-1 Commercial Zone, is amended to permit low barrier navigation centers and to modify the requirements of emergency shelters to comply with State law.
Article 5 – Historical and Cultural Zone: The amendments to Article 5, Historical and Cultural Zone, make several changes to allow for residential uses for employee housing and to ensure that the development standards for residential uses in this zone are consistent with the development standards for other multi-family zones in the City. In addition, the amendments add low barrier navigation centers, and transitional and supportive housing to the permitted uses in the zone, to comply with State law. The amendments to Article 5 also add new application approval and submittal requirements, as well as by-right requirements for any project application that includes residential uses in this zone.
Article 6 – Requirements and Restrictions Generally: The amendment to Article 6, Requirements and Restrictions Generally, clarifies that this article only applies to uses in the R-1 zone.
Article 10 – Off-Street Parking: The amendment to Article 10, Off-Street Parking, clarifies that this article only applies to uses in the C-1 zone. Offstreet parking requirements for other zones are identified in the articles for those zones.
Article 15 – Design Review Committee: The amendment to Article 15, Design Review Committee, clarifies that the existing requirements apply to development projects in the R-1 and C-1 zones and adds new requirements for multi-family development applications.
Article 20 – Multi-Family Dwelling Zones: The amendment to Article 20, MultiFamily Dwelling Zones, replaces the City’s existing Article 20 in its entirety.
This amendment provides for the allowed uses and development standards for the RM1 and RIH zones. The Multi-Family Residential Development Standards are shown in Table 1 on the next page. In addition, the amendment includes a number of objective design standards to ensure that new multi-family developments are compatible with the existing buildings in San Marino.
Article 21 – Mixed-Use Zones: Article 21, Mixed-Use Zones, is a new section of the zoning code to regulate the development of the MU-1 and MU-2 zones.
Article 21 provides for the allowed uses and development standards for these zones. In addition, Article 21 includes a number of objective design standards to ensure that new mixed-use developments are compatible with the existing buildings in San Marino.
Table 1: Standards for Multi-Family Residential Development DEVELOPMENT FEATURE RM1 RIH
Residential density 30 to 40 du/ac 20 to 30 du/ac
Maximum height 48 feet 36 feet
Ground floor setbacks
Front 5 feet to accommodate porches and patios
Front setback buffer 4-foot-wide landscaped buffer, which is permitted within the front yard setback between unit entries
Side 5 feet
Side setback buffer 4-foot-wide landscaped buffer, which is permitted within the side yard setback
Side abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Parking Requirements
Single room occupancy,
studio, or one bedroom
0.5 space
Two bedroom 1 space
Three bedroom or more 1.5 spaces
Guest parking 1 space per 5 units
Open Space and Common Areas
Common open space At least 15% of the total gross development area shall be common open space, up to a maximum
required area of 20,000 square feet
Unit Type and Minimum Floor Area
Single room occupancy 150 square feet
Efficiency apartment 450 square feet
One bedroom 750 square feet
Two bedroom or more 950 square feet
Table 2: Standards for Mixed-Use Development
DEVELOPMENT FEATURE MU-1 MU-2
Residential density 25 to 30 du/ac 30 to 40 du/ac
Maximum height 36 feet 48 feet
Ground Floor Commercial Setbacks and Build-to-Lines
Front Built-to Line Within 5 feet of right-of-way
Side Built-to Line Within 5 feet of right-of-way
Side abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Table 2: Standards for Mixed-Use Development
Ground Floor Residential Setbacks
Front 5 feet to accommodate porches and patios
Front setback buffer 4-foot-wide landscaped buffer, which is permitted within the front yard setback between unit entries
Side 5 feet
Side setback buffer 4-foot-wide landscaped buffer, which is permitted within the side yard setback
Side abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Rear None required
Rear abutting a
residential zone
10 feet, plus 1 foot for each foot the bldg. exceeds 30 feet in height
Residential Parking Requirements
Single room occupancy,
studio, or one bedroom
0.5 space
Two bedroom 1 space
Three bedroom or more 1.5 spaces
Guest parking 1 space per 5 units
Commercial Parking Requirements
Less than 5,000 sf in floor
area
1 space per 250 sf of floor area
Between 5,000 sf and
20,000 sf in floor area
20 spaces plus 1 space per 300 sf beyond 5,0000 sf
of floor area
More than 20,000 sf in
floor area
70 spaces plus 1 space per 350 sf beyond 20,000 sf
of floor area
Open Space and Common Areas
Common open space At least 15% of the total gross development area shall be common open space, up to a maximum
required area of 20,000 square feet
Unit Type and Minimum Floor Area
Single room occupancy 150 square feet
Table 2: Standards for Mixed-Use Development
Efficiency apartment 450 square feet
One bedroom 750 square feet
Two bedroom or more 950 square feet
Article 22 – Density Bonus Law: Article 22, Density Bonus Law, is a new section of the zoning code to implement the State’s Density Bonus Law. The Density Bonus Law allows developers of residential developments who incorporate affordable housing into their development to access more density and be provided other concessions as part of their development. Adherence to the Density Bonus Law is required by State law.
Article 23 – By-Right Approvals: Article 23, By-Right Approvals, is a new section of the zoning code to provide for by-right approvals for residential developments that meet the requirements set out in the Article. The requirements for projects that are subject to by-right approvals under Article 23 include: 1) projects on sites identified in the housing element that include at least 20% of units affordable to lower income households; 2) permanent supportive housing projects; 3) low barrier navigation centers; 4) 100% affordable projects on land owned by a religious or higher education institutions; 5) emergency shelters; or 6) single room occupancy projects where at least 20% of the units are affordable to lower income households.
Projects meeting these objective design standards may be approved by the City’s Community Development Director without review by the Design Review Committee, Planning Commission, or City Council.
General Plan Land Use and Zoning Map Updates
The proposed General Plan Land Use map and Zoning map updates implement the programs of the Housing Element to reclassify and rezone the identified housing sites to their respective land use and zoning designations as discussed above. In addition, the Zoning Map Update would rezone other parcels along Huntington Drive from C-1 to MU-1 and MU-2. The proposed General Plan Land Use map is attached to this staff report as Attachment 6 and the Zoning map as Attachment 7.
CEQA REVIEW
2021-2029 Housing Element
On February 9, 2022, the San Marino City Council held a public hearing and adopted the 2021-2029 Housing Element, which also allowed for adoption, by the City Council, the 2021-2029 Housing Element IS/ND (State Clearinghouse No. (SCH) 2022010208) at the same public hearing. Please see Attachment
8. The IS/ND for the 2021-2029 Housing Element adopted by the City Council on February 9, 2022, studied the potential environmental effects on aesthetics, agriculture and forest resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, recreation, public services, transportation, tribal cultural resources, utilities and service systems, wildfire, and mandatory findings of significance. The IS/ND found that the IS/ND for the 2021-2029 adopted Housing Element would not result in significant impacts to agriculture, air quality, biological resources and forest resources, cultural resources, energy. hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, recreation, utilities and service systems, wildfire, and less than significant impacts, with no mitigations, related to aesthetics, geology and soils, greenhouse gas emissions, noise, population and housing, public services, transportation, and tribal and cultural resources.
An addendum to the previously adopted MND for the revisions to the adopted Housing Element document has been prepared, pursuant to California Code of Regulations, Title 14, §15164. The policies and programs have been revised based on the comments provided by HCD, which are intended to help address potential constraints to and further incentivize the development of housing in the City. The amended and new programs added to the State mandated 2021- 2029 Housing Element are required by HCD in an effort to certify the City’s Housing Element as compliant with State and Housing laws. As a result of the amended and added programs, the total number of sites required to be rezoned has decreased from 1,796 properties to 118 properties in order to accommodate for the RHNA numbers and quantified objectives through programs included in the Housing Element.
Given the analysis presented in this Addendum, it is therefore found that the Amendments to the City’s State mandated adopted 2021-2029 Housing Element would not result in a measurable increase in environmental impacts over what was previously analyzed in the adopted IS/ND for the adopted 2021-2029 Housing Element. There are no changes with respect to the circumstances under which the project is undertaken that will require revisions to the previous IS/ND. Therefore, pursuant to CEQA Guidelines Section 15164, an Addendum to the IS/ND is appropriate and has been prepared to document the minor technical changes and addition of information that have been included in the Amendments to the Housing Element of the City of San Marino.
Zone Code Amendment
Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the "general rule" or "common sense" exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The CEQA Guidelines state in that section that "A project is exempt from CEQA if ... [T]he activity is covered by common sense that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA."
The 2021-2029 Housing Element Zoning Code Amendment reconciles the language of the City’s Zoning Ordinance with the City’s State mandated 2021- 2029 Housing Element policies and programs. It is a policy document and does not propose or approve any physical development. The proposed amendments to the City’s Zoning Ordinance to reconcile with the City’s State mandated 2021-2029 Housing Element in order to implement State law and is consistent with the adopted 2021-2029 Housing Element IS/ND (SCH 2022010208) and are not anticipated to result in any new changes to the physical environment.
The proposed project would not result in changes to the physical environment, nor would it result in potential environmental impacts beyond those addressed in the adopted 2021-2029 Housing Element IS/ND (SCH 2022010208).
Updating the zoning code to reflect the densities required by the Housing Element programs will necessitate a future amendment to the land use element of the general plan, which the City intends to process in connection with its update of the Safety and Land Use Element within the next twelve (12) months. In the interim, per Government Code sections 66589.5(d)(2)(A) and (j)(4), projects consistent with the revised zoning code provisions would still be approvable prior to the update of the land use element.
As such, 2021-2029 Housing Element Zoning Code Amendment meets the common sense exemption as identified above. The 2021-2029 Housing Element Zone Code Amendment CEQA Exemption Technical Memorandum is attached to this staff report as Attachment 9.
FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the reallocation of staff resources needed to address this matter, there is no new financial impact.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
In the case that the City Council considers approval of Resolution No. PR 24- 29, an appropriate motion would be:
“I move to approve Resolution No. PR 24-29, a resolution of the San Marino City Council adopting: 1) an Addendum to an adopted Initial Study/Negative Declaration; 2) adoption of the City’s 6th Cycle Housing Element update consistent with the statutory requirements of the California Housing Element Law; 3) update to the General Plan Land Use map; and
I move to waive full reading and introduce by title only Ordinance No. O-24- 1415 updating the City’s official zoning map and amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05,
23.01.10, 23.03.01, 23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05,
23.10.03, 23.10.04, 23.10.06, 23.15.04, and 23.15.16, adding Municipal Code Section 23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code; and finding that Ordinance No. O-24-1415 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).”
ATTACHMENTS
1. Draft 6th Cycle 2021-2029 Housing Element
2. HCD Letter Dated December 31, 2021
3. HCD Letter Dated April 12, 2022
4. HCD Letter Dated July 25, 2024
5. HCD Letter Dated October 28, 2024
6. Draft Ordinance No. O-24-1415
7. Draft General Plan Land Use Map
8. Draft Zoning Map
9. Addendum to Adopted Initial Study/Negative Declaration (SCH 2022010208)
10. 2021-2029 Housing Element Zone Code Amendment CEQA Exemption Technical Memorandum
11. Planning Commission Resolution No. PCR 24-11
12. City Council Resolution No. R-24-29