Ord. No. 2024-4. By-Right Housing Opportunity Overlay District.

Adding Chapter 27.94, Housing (H) Opportunities Overlay District, to Title 27, Zoning, of the San Mateo Municipal Code and Amending the Zoning Map of the City of San Mateo to Establish the Housing Opportunities Overlay District (H)

WHEREAS, the State Housing Element Law (Government Code Section 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period of 2023-2031 to accommodate the City of San Mateo ("City") regional housing need allocation (RHNA) of 7,015 housing units; and

WHEREAS, on May 20, 2024, the City Council adopted a resolution to adopt the revised Housing Element of the General Plan for the period of 2023-2031 (Housing Element); and

WHEREAS, Government Code Section 65583.2(c) requires nonvacant sites identified in a prior housing element and vacant sites that have been included in two or more consecutive planning periods that were not approved to develop a portion of the City's assigned RHNA to be rezoned to allow for residential use by-right for housing developments in which at least 20 percent of the units are affordable to lower income households; and

WHEREAS, pursuant to Government Code Section 65583.2(c), Policy H 1.10 of the 2023-2031 Housing Element requires amending the Zoning Code to establish a by-right zoning designation for housing sites reused from prior Housing Elements for housing projects that propose a minimum of 20 percent affordable units for lower income households and allows a minimum of 30 dwelling units per acre; and

WHEREAS, the Housing Element has identified sites that can accommodate sufficient housing units to meet the City's RHNA plus a buffer, and includes 35 nonvacant sites that were identified in the prior housing element and five (5) vacant sites that have been included in two or more consecutive planning periods and were not approved for development; and

WHEREAS, the zoning designation for by-right residential uses allowing 30 dwelling units per acre is within the density limits of the land use designations of the San Mateo General Plan 2040; and

WHEREAS, the Environmental Impact Report (EIR) for the San Mateo General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040; and

WHEREAS, on March 18, 2024, at a duly noticed public hearing, the City Council certified the EIR for the San Mateo General Plan 2040, pursuant to the California Environmental Quality Act of 1970, together with related State implementation guidelines promulgated thereunder (CEQA); and

WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing, received all written and oral public comments, and recommended that the City Council approve the proposed ordinance establishing the Housing Opportunity Overlay District (H) and amending the zoning map to reclassify parcels on housing sites used in previous Housing Elements with the Housing Opportunity Overlay District (H).

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Chapter 27.94 Housing Opportunities Overlay District (H)

27.94.005 Purpose

The purpose of the Housing Opportunities Overlay District (H) is to establish by-right residential uses on sites identified to accommodate a portion of the housing need for lower income housing in the General Plan Housing Element, pursuant to Government Code Sections 65583.2(c) and (i). This chapter establishes minimum development requirements and procedures for reviewing and approval of the by-right residential development uses.

27.94.010 By-Right Residential Use Eligibility

The following housing development projects are eligible for by-right approval. Housing development projects that are ineligible for by-right approval shall be subject to the requirements for residential development in the underlying zoning district.

(a) Pursuant to Government Code Section 65583.2(c) and (h), housing development projects in which at least 20 percent of the units proposed are affordable to lower income households, as defined in Health and Safety Code Section 50079.5, and is a household whose income is equal to or less than eighty percent of the area median income, as published by the California Department of Housing and Community Development. The housing development project shall be allowed at the density allowed in the underlying zoning district and shall be allowed a minimum density of at least 30 dwelling units per acre. A "housing development project" shall have the same meaning as defined in Government Code Section 65589.5(h)(2).

27.94.020 By-Right Residential Use Requirements

(a) Site plan and architectural review approval is required under Chapter 27.08, Rules of Procedure. The Zoning Administrator shall be the approval authority for projects proposed pursuant to this chapter that comply with the City's Municipal Code and Objective Design Standards. The Zoning Administrator shall not exercise any discretion in the review process for such projects and their decision shall be final.

(b) The site plan and architectural review shall not constitute a "project" for the purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

(c) Any subdivision of the site shall be subject to all laws, including, but not limited to Title 26 of the City of San Mateo Municipal Code (Subdivisions).

(d) Notwithstanding Section 27.94.010, the following objective development standards shall apply to housing development projects built pursuant to this chapter:

(1) Development standards set forth in the underlying zoning district.

(2) For a project within another overlay district, the development standards of the overlay district.

(3) For development projects within an E2 Zoning District without an overlay district, the R4 development standards.

(4) For development projects within a Specific Plan or within the TOD zoning district, the applicable development standards of the Specific Plan or TOD zoning district.

(5) Objective Design Standards for multi-family and residential mixed-use projects as adopted by City Council resolution.

(6) Applicable standard conditions of approval.

Attachment

EXHIBIT A

The foregoing ordinance was adopted by the City Council of the City of San Mateo, State of California by the following vote:

ATTEST:

Attachment

EXHIBIT A