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3 California Environmental Quality Act (CEQA) Exemption Evaluation Project Name: Housing Opportunities Overlay District Ordinance Amendments Project Location: 40 Parcels Citywide
Lead Agency: City of San Mateo – Community Development Department Date: May 22, 2024
Purpose
The purpose of this document is to evaluate the required findings under California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) for purposes of assessing environmental impacts associated with proposed zoning ordinance and map amendments in order to establish a Housing Opportunities Overlay District, consistent with State law and City’s 2023-2031 Housing Element Policy 1.10. Pursuant to CEQA Statute and Guidelines Section 15183, projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.
Background
San Mateo General Plan 2040 EIR
As part of the City’s comprehensive general plan update process, an EIR was prepared in compliance with the CEQA Statute and Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City for the San Mateo General Plan 2040. On March 18, 2024, the City Council certified the Final EIR for the San Mateo General Plan 2040 and adopted the General Plan 2040. One of the primary purposes of General Plan 2040 is to plan for the growth and conservation of the City of San Mateo over a 20-year horizon. General Plan 2040 identified the location and allowed density and intensity of San Mateo’s land uses including housing and identified sufficient residential land to meet the current and future housing needs for people at all income levels. The General Plan 2040 EIR included buildout projections that included growth associated with current development projects in the planning entitlement pipeline and development of sites in the City’s Housing Element 2023-2031 Housing Sites Inventory. According to the buildout projections, the General Plan EIR accounted for a total of 21,410 housing units.
CEQA provides that decision-makers should not approve a project as proposed if there are feasible alternatives or feasible mitigation measures that would substantially lessen the significant impacts of COMMUNITY DEVELOPMENT DEPARTMENT 330 West 20 th Avenue San Mateo, CA 94403
www.cityofsanmateo.org
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3 the project (Public Resources Code §21002). In certifying the General Plan EIR the City adopted a statement of overriding considerations, for certain significant and unavoidable impacts. Impacts related to Air Quality, Noise, and Wildfire Risks were identified as significant and unavoidable in the Final EIR and no feasible mitigation or project alternative were identified or available to reduce these impacts at a programmatic level to a level of less than significance:
Proposed Project
The proposed project includes zoning ordinance and map amendments in order to establish a Housing Opportunities Overlay District, consistent with State law and City’s 2023-2031 Housing Element Policy 1.10. Policy H 1.10, commits the City to establishing a by-right housing designation (i.e., nondiscretionary review and approval) for prior housing opportunity sites identified in a prior housing element, pursuant to Government Code 65583.2(c). Specifically, the implementation action within this policy requires the City to amend the Zoning Code and establish a by-right zoning designation for housing development project in which at least 20 percent of the units proposed are affordable to lower income households on these reused sites and zoning for these sites must allow at least 30 units per acre to meet default density requirements for lower-income households comply with the State law.
To implement the Housing Element Policy and compliance with Government Code 65583.2(c), the City is proposing to create a new chapter to amend Title 27, Zoning, of the San Mateo Municipal Code to establish the Housing Opportunities Overlay District (H) and to amend the Zoning Map of the City of San Mateo to reclassify 40 parcels that were previously identified as housing opportunity sites, with the “H” designation to allow by-right housing development. In addition to the zoning designation requiring the housing development provide for a minimum of 20 percent of the units for lower income households and allowing a density of at least 30 dwelling units per acre, Government Code 65583.2(i) specifies that the local government cannot apply any discretion in their review and the review would not constitute a “project” for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) of the Public Resources Code.
Summary of CEQA Findings
To be eligible for exemption under CEQA Guideline Section 15183, a proposed project must be consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. The proposed zoning code and map amendments, to create the Housing Opportunity Overlay District (H), is consistent with the density established by the San Mateo General Plan 2040 and the related certified EIR because it will allow at least 30 dwelling units per acre which is lower than the maximum density allowed per the General Plan land use designation (see Attachment 2 of the agenda report).
Section 15183 also requires that a city in approving a project meeting the requirements of this section of the CEQA Guidelines can limit its examination of environmental effects to the following items:
1. Are peculiar to the project or the parcel on which the project would be located.
Findings: The San Mateo General Plan 2040 identified the location and allowed density and intensity of San Mateo’s land uses including housing and identified sufficient residential land to meet the current and future housing needs for people at all income levels. The General Plan EIR included Building Division (650) 522-7172 · Code Enforcement Division (650) 522-7150 Housing Division (650) 522-7220 · Planning Division (650) 522-7212 · General (650) 522-7200 1 0
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3 buildout projections of 21,410 housing units that included growth associated with current development projects in the planning entitlement pipeline and development of sites in the City’s 2023-2031 Housing Sites Inventory.
The zoning amendment to create the Housing Opportunity Overlay District that implements the by- right housing designations does not create any peculiar environmental effects because the land use designations adopted in the General Plan already account for residential uses and the minimum allowed density required in the proposed housing opportunities overlay district (30 dwelling units per acre) is lower than the maximum density allowed per the General Plan land use designation for individual parcels where the overlay district is being established (see attached table).
The parcels that the overlay district will be applied to were individually analyzed for specific environmental constraints when they were added to the City’s sites inventory and no unusual circumstances were identified that would preclude their addition on the sites inventory. None of the 40 sites are located within the wildfire hazard areas of the City.
In addition, pursuant to Government Code Section 65583.2(i), by-right housing development projects within the adopted Housing Opportunity Overlay District shall not constitute a “project” for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code. Therefore, no further environmental review will be required. However, the proposed housing opportunities overlay district does allow the City to apply standard conditions of approval which the City will use to address specific potential environmental impacts such as air quality and noise impacts as identified in the General Plan EIR.
2. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent.
Findings: General Plan 2040 identified the location and allowed density and intensity of San Mateo’s land uses including housing and identified sufficient residential land to meet the current and future housing needs for people at all income levels. The General Plan EIR included buildout projections of 21,410 housing units that included growth associated with current development projects in the planning entitlement pipeline and development of sites in the City’s 2023-2031 Housing Sites Inventory.
The zoning amendment to create the Housing Opportunity Overlay District that implements the by- right housing designations does not create any changes to the uses or residential densities already allowed in the land use designations adopted in the General Plan. The proposed zoning amendment does not create any specific impacts not previously reviewed by the General Plan 2040 EIR.
While the parcels that the overlay district will be applied to have not been individually analyzed for specific environmental impacts, pursuant to Government Code Section 65583.2(i), by-right housing development projects within the adopted Housing Opportunity Overlay District shall not constitute a “project” for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code. Therefore, no further environmental review will be required.
3. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action.
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3 Findings:
The zoning amendment to create the Housing Opportunity Overlay District that implements the by- right housing designations does not create any new significant off-site impacts or cumulative impacts which were not discussed in the General Plan EIR. General Plan 2040 identified the location and allowed density and intensity of San Mateo’s land uses including housing and identified sufficient residential land to meet the current and future housing needs for people at all income levels. The General Plan EIR included buildout projections of 21,410 housing units that included growth associated with current development projects in the planning entitlement pipeline and development of sites in the City’s 2023-2031 Housing Sites Inventory. The density and intensity of the land uses associated with the Housing Opportunity Overlay District is consistent with the General Plan land use designations, therefore, already considered in cumulative impacts.
4. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
Findings: The certified General Plan 2040 Final EIR found significant effects including impacts related to air quality, noise, and wildland fire impacts (see Background section above for details). The Final EIR was certified by the City Council on March 18, 2024. There is no new substantial information which was not known at the time the EIR was certified that would create a more severe adverse impact than was discussed in the EIR.