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

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Resolutions to Exempt Parcels from AB 2011 and SB 6 May 16, 2023 Page 8 3 4 5 0 those listed in Exhibit 19 are dedicated or adjoining to a site dedicated to industrial uses, as defined in Government Code Section 65852.24(b)(6). As such, these parcels do not meet the criteria to qualify for streamlining provided by SB 6. Additionally, the parcels listed on Exhibit 20 are otherwise eligible for development at densities at or above the residential density permitted by Government Code Section 65852.24(b)(1), which is 30 dwelling units per acre as specified by Government Code Section 65583.2(c)(3). Government Code Section 65852.24(e)(B) allows jurisdictions to exempt parcels from SB 6 if the lost residential density can be accommodated on a site or sites allowing residential density at or above 30 dwelling units per acre. Since the parcels identified in Exhibit 20 permit residential density at or above 30 dwelling units per acre, there will be no loss of residential density by exempting these parcels from streamline review pursuant SB 6. As such, staff recommends exempting these parcels. Exhibit 21 provides a list of parcels in the city that meet all the criteria listed in Government Code 65852.24(b) and are considered eligible for SB 6 streamlining. In total, these parcels equal to 619.39 acres of land and can potentially yield 18,582 units at the density prescribed by SB 6. In addition, a map has been provided to visualize the applicable criteria and highlight eligible parcels and those that are eligible but have existing General Plan densities that permit residential at or above the density permitted by SB 6 (Exhibit 22). Exhibit 23 provides a list and map of alternative parcels in the City that permit residential density at or above 30 dwelling units per acre that can accommodate the units that would otherwise have been permitted pursuant SB 6. There are 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 18,582 units that would otherwise be permissible on the parcels being exempted pursuant SB 6. Staff recommends exempting the parcels listed in Exhibit 23 and depicted in Exhibit 22 from SB 6. ENVIRONMENTAL IMPACT The City Council finds and determines that these Resolutions are not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of these Resolutions is exempt from CEQA review pursuant to sections 5061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. City Council Resolution (AB 2011 Exemption) 2. City Council Resolution (SB 6 Exemption) 3. AB 2011 and SB 6 – Eligibility Criteria and Development Standards