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Item 28 - Resolutions to Exempt Parcels from AB 2011 and SB 6
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Item 28 - Resolutions to Exempt Parcels from AB 2011 and SB 6
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
28
Date
5/16/2023
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At least 75 percent of the site adjoins parcels developed with <br />urban uses <br /> Not on or adjoined to a site where more than one-third <br />dedicated to industrial uses <br /> Satisfies SB 35 environmental criteria found in Gov. Code <br />Section 65913.4(a)(6)(B)-(K) <br /> Cannot be on a property that contains one to four dwelling units <br /> For sites within a neighborhood plan area, there is either: <br />o (As of January 1, 2022) An applicable neighborhood plan <br />that permits multifamily housing development on the site; <br />or <br />o (As of January 1, 2022) An applicable neighborhood plan <br />that permits multifamily housing on the site, the notice of <br />preparation for the neighborhood plan was issued before <br />January 1, 2022 and January 1, 2024, and the <br />environmental review for the neighborhood plan was <br />completed before January 1, 2024 <br /> Where the site is vacant, the site satisfies both of the following: <br />o It does not contain any tribal resources that could be <br />affected by t he development, and the effects of which <br />cannot be mitigated pursuant to Public Resources Code <br />Section 21080.3.2 <br />o It is not located in a very high fire severity zone <br /> Cannot be located on a site governed by the Mobilehome <br />Residency Law, the Recreational Vehi cle Occupancy Law, the <br />Mobilehome Parks Act, or the Special Occupancy Parks Act <br /> Housing cannot be located within 500 feet of a freeway <br /> Housing cannot be within 3,200 feet of an oil or natural gas <br />extraction or refinery <br /> Development proponent has completed a Phase I <br />environmental assessment and mitigated any health hazards to <br />a level of insignificance <br /> Notice to commercial tenants and relocation assistance to <br />certain qualifying independently -owned commercial tenants is <br />required <br /> ADDITIONAL CRITERIA FOR MIXED-INCOME PROJECTS <br />ONLY: <br />o The site is 20 acres or less <br />o The development would not require the demolition of: <br /> Housing subject to recorded covenant, ordinance <br />or law that restricts rents to levels affordable to <br />moderate, low or very low income households <br /> Housing subject to rent price control <br /> Housing occupied by tenants in the last 10 years, <br />excluding manager’s units <br />o The development would not require the demolition of a <br />historic structure <br />o A prior residential use was not demolished on the site in the <br />last 10 years <br /> The site cannot be one zoned for housing, unless zoned for <br />multifamily residential use (e.g., the site cannot be one zoned <br />for single-family residential development) <br />o Project that includes <br />residential unit s only; or <br />o Mixed-use project with <br />at least 50 percent of <br />the square footage <br />dedicated to residential <br />use <br /> The project site is 20 acres <br />or less <br /> Within an urbanized area or <br />urban cluster (designated <br />by the US Census Bureau) <br /> Not on or adjoining to a site <br />where more than one-third <br />dedicated to industrial use <br /> Must be consistent with any <br />applicable and approved <br />sustainable community <br />strategy or alternative plan <br /> Notice to commercial <br />tenants and relocation <br />assistance to certain <br />qualifying independently - <br />owned commerc ial tenants <br />is required <br /> <br /> <br />
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