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Housing Opportunities
Overlay District (H)
Steve Golden
Principal Planner, Planning Division
June 17, 2024
City Council
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“By-Right” Housing
• Incentivizes construction of housing development projects on properties that were included previous Housing Elements and the current Housing Element.
• Includes requirements to provide a higher percentage of affordable units than otherwise required by the City’s inclusive housing requirements
• Limited to 40 properties out of the 208 overall properties in the 2023-2031 Housing Element
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Housing Element Statutory Mandate for
“By-Right” Housing
• Housing Element State Law (Gov. Code Section 65583.2(c)) requires “by-right” housing for housing opportunity sites identified in a prior housing element:
• Nonvacant sites that were identified in a prior housing element (35 total) • Vacant sites that were identified in two or more consecutive housing elements (5 total)
• 2023-2031 Housing Element Policy H 1.10, commits the City to establishing a by-right housing ordinance
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Proposed Chapter 27.94:
Housing Opportunities Overlay District (H)
• Requires a minimum of 20% of the units affordable to lower income households
• The “H” Overlay District shall allow a housing development project of at least 30 dwelling units per acre
• Not considered a minimum density requirement
• Housing project shall comply with maximum density per Zoning or General Plan
o A Project cannot be found inconsistent with General Plan objective standards per the Housing Accountability Act
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Proposed Chapter 27.94:
Housing Opportunities Overlay District (H)
• Non-discretionary Site Plan and Architectural Review (SPAR) • Base Zoning Development Standards + City’s Objective Design Standards • Conditions of Approval apply
• ZA Approval Decision - not subject to appeal to Planning Commission or City Council
• By-right housing development is not considered a “project” under CEQA (per Gov Code 65583.2(i))
• Subject to CA Subdivision Map Act requirements through Municipal Code Requirements (Chapter 26)
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Planning Commission Recommendation
May 28, 20204
• Recommended to the City Council findings that the Ordinance is exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With A General Plan or Zoning)
• Recommended to the City Council introduction of an Ordinance amending San Mateo Municipal Code Title 27, Zoning, to add Chapter
27.94, Housing Opportunities Overlay District (H) and amend the Zoning Map to establish the H-Overlay District on 40 parcels • Advisory recommendation: Council consider allowing by-right housing projects at the City’s existing inclusionary requirement (15% of base density) when prevailing wages are paid.
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Recommendation to the City Council
• Make findings that the Ordinance is exempt from further environmental review under California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With A General Plan or Zoning)
• Introduce an Ordinance amending San Mateo Municipal Code Title 27, Zoning, to add Chapter 27.94, Housing Opportunities Overlay District (H) and rezone 39 parcels listed in Attachment 2 except the parcel at 200 Fremont Street
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Thank you
Steve Golden
Principal Planner, Planning Division
[email protected]
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Housing Opportunities
Overlay District (H)
Second Action
Steve Golden
Principal Planner, Planning Division
June 17, 2024
City Council
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Recommendations to the City Council
• Make findings that the Ordinance is exempt from further environmental review under California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With A General Plan or Zoning)
• Introduce an Ordinance reclassifying the zoning designation for 200 South Fremont Street from R4-D to R4-D/H:
Multiple Family Dwelling [High Density] – Downtown Residential - to -
Multiple Family Dwelling [High Density] – Downtown Residential and Housing Opportunities Overlay District
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Thank you
Steve Golden
Principal Planner, Planning Division
[email protected]