Item 28 - Resolutions to Exempt Parcels from AB 2011 and SB 6

Home Browse Search

Resolutions to Exempt Parcels from AB 2011 and SB 6 May 16, 2023 Page 7 3 4 5 0 and depicted in Exhibit 16 by making the necessary findings required by Government Code Section 65912.124. Exempting the parcels on Exhibit 15 and depicted in Exhibit 16 will not result in a net loss of the total potential residential density in the jurisdiction because there is sufficient residential capacity on alternative parcels in the city listed and depicted in Exhibit 17 to accommodate the units that would otherwise have been permissible pursuant AB 2011 on the parcels being exempted. As provided in Exhibit 17, there are a total of 1,228.9 acres of alternative sites in the city that permit 30 dwelling units per acre or more that can accommodate a total of 89,802 units, more than the 45,502 units that would otherwise be permissible on the parcels being exempted pursuant AB 2011. Moreover, there will be no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction because the parcels identified in Exhibit 17 allow density meeting or exceeding that required by Government Code Section 65583.2(c)(3), which is the threshold established and deemed appropriate to accommodate housing for lower income households for jurisdictions in a metropolitan county. Additionally, the City’s local inclusionary housing ordinance, known as the Affordable Housing Opportunity and Creation Ordinance (AHOCO), will require eligible projects in the Focus Areas and citywide to set aside units as affordable to lower and moderate-income households for at least 55 years, ensuring access and creation of residential units affordable to lower income households. Lastly, exempting the parcels listed in Exhibit 15 and depicted in Exhibit 16 will result in affirmatively furthering fair housing by accommodating the residential densities in census tracts that are generally categorized as High Resource and Moderate Resource areas by the Fair Housing Task Force Opportunity Map (2023) that was convened by the California Tax Credit Allocation Committee and HCD (TCAC/HCD) and have rapidly improved since last documented in 2021. Exempting the parcels in Exhibit 15 and mapped in Exhibit 16 will also prevent housing from being developed on sites that do not have the infrastructure needed to accommodate high-quality housing and will not comply with the land use plan and housing program that the HCD certified Housing Element is based upon. Exemption – SB 6 SB 6 permits a local government to exempt a parcel from streamlined approval of before a developer submits a development application on the parcel if the local government makes written findings on either of the following: (1) the local agency concurrently reallocated the lost residential density to other lots so that there is no net loss in residential density in the jurisdiction or (2) the lost residential density from each exempted parcel can be accommodated on a site or sites allowing residential densities at or above those required by SB 6. The City has identified the parcels in Exhibit 18 as meeting the general zoning criteria established by Government Code sections 65852.24(b). However, of those parcels,