HomeMy WebLinkAboutReso - CC - 027-2024RESOLUTION NO. 027-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME TO
AMEND THE 2023-2031 CITY OF BURLINGAME HOUSING ELEMENT, IN
COMPLIANCE WITH STATE HOUSING ELEMENT LAW; CEQA DETERMINATION:
ADDENDUM TO GENERAL PLAN ENVIRONMENTAL IMPACT REPORT ADOPTED
DECEMBER 18, 2023
WHEREAS, the California Legislature has found that “California has a housing
supply and affordability crisis of historic proportions. The consequences of failing to
effectively and aggressively confront this crisis are hurting millions of Californians,
robbing future generations of the chance to call California home, stifling economic
opportunities for workers and businesses, worsening poverty and homelessness, and
undermining the state’s environmental and climate objective s” (Gov. Code Section
65589.5.); and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et
seq.) requires that the City of Burlingame (the City) adopt a housing element for the
eight-year period 2023-2031 to accommodate the regional housing need allocation
(RHNA) assigned to the City by the Association of Bay Area Governments of 3,257
housing units, comprised of 863 units affordable to very-low income households, 497
units affordable to low-income households, 529 units affordable to moderate-income
households, and 1,368 units affordable to above moderate-income households; and
WHEREAS, to comply with State Housing Element Law, the City has prepared a
2023-2031 Housing Element (the “Housing Element”) in compliance with State Housing
Element Law and has identified sites that can accommodate housing units meeting the
City’s RHNA; and
WHEREAS, on November 15, 2023 the City received a letter from the State of
California Department of Housing and Community Development (HCD) stating that the
draft Housing Element, along with revisions, meets the statutory requirements and that
the Housing Element will substantially comply with Housing Element Law when it is
adopted, submitted to, and approved by HCD, in accordance with Government Code
Section 65585; and
WHEREAS, based on HCD’s November 15, 2023 correspondence, on
December 18, 2023, the City Council conducted a duly and properly noticed public
hearing to take public testimony and consider the proposed Housing Element, reviewed
the Housing element and all pertinent maps, documents and exhibits, including HCD’s
findings, the City’s response to HCD’s findings, the staff report and all attachments, and
oral and written public comments, and subsequently adopted Resolution No. 154 -2023,
which amended the General Plan to repeal the 2015 -2023 Housing Element and adopt
the 2023-2031 Housing Element; and
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WHEREAS, at the same December 18, 2023 hearing, in its consideration of the
Housing Element, the City Council considered an Addendum to the General Plan
Environmental Impact Report (EIR) finding that based upon the evidence submitted and
as demonstrated by the analysis included in the Addendum, none of the conditions
described in Section 15162 and 15163 of the State CEQA Guidelines calling for the
preparation of a subsequent or supplemental Environmental Impact Report have
occurred, and therefore adopted the Addendum, also pursuant to Resolution No. 154-
2023; and
WHEREAS, subsequent to City Council adoption, City staff submitted the
adopted Housing Element to HCD for final approval; and
WHEREAS, in a letter of February 23, 2024, HCD staff has requested that
Implementation Program H(A-6) be revised as follows:
Program H(A-6): Use-By-Right Permitting for Sites Identified in Last Planning Cycle
Use-by-right approval of housing projects with at least 20 percent of units affordable to
lower-income households is required on 1) nonvacant sites previously identified in the 5th
cycle housing element, and 2) vacant sites previously identified for both the 5th and 4th
cycle housing elements pursuant to AB 1397 (2017). The City’s sites subject to this
provision are already zoned at the specific density set forth in the statute (i.e., default
density of at least 20 units per acre) and rezoning of these sites is not required.
Upon adoption of the Housing Element and in compliance with state law, the City shall
ensure sites identified for housing in the Suitable Sites Inventory in the 4th and 5th cycles
allow use-by-right approval for housing developments pursuant to Government Code
§65583.2(i) when 20 percent or more of the units are affordable to lower income
households.
“Use-by-right” means that the City review is ministerial and therefore the project must not
require a conditional use permit or other discretionary review or approval that would
constitute a “project” as defined in CEQA. A local ordinance can provide that “use-by-right”
does not exempt the use from design review, consistent with the Municipal Code mandate
for design review, but the design review must be objective in accordance with Government
Code §65589.5 (f).
and the City Council wishes to amend the Housing Element accordingly; and
WHEREAS, on March 4, 2023, the City Council conducted a duly and properly
noticed public hearing to consider this Resolution regarding the proposed amendment
to the Housing Element.
NOW, THEREFORE, BE IT RESOLVED, based on substantial evidence in
the record:
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1. The foregoing recitals are true and correct and are incorporated by reference into this
action.
2. In its adoption of the Housing Element as amended, the City Council considered the
Addendum to the General Plan EIR and found that based upon the evidence
submitted and as demonstrated by the analysis included in the Addendum, none of
the conditions described in Section 15162 and 15163 of the State CEQA Guidelines
calling for the preparation of a subsequent or supplemental Environmental Impact
Report have occurred, and therefore adopted the Addendum pursuant to Resolution
No. 154-2023, and finds that based on the evidence submitted , none of the conditions
described in Sections 15162 and 15163 of the State CEQA Guidelines calling for the
preparation of a subsequent or supplemental Environmental Impact Report have
occurred, and therefore no additional CEQA review is required as a result of the
amendment to the Housing Element.
3. The City Council makes the following findings:
a. The amendment is internally consistent with all other provisions of the
General Plan.
The Housing Element as amended is consistent with the General Plan
and General Plan goals, policies, and implementation programs, which
specify providing housing opportunities for all income ranges. The
Housing Element maintains the land uses and residential densities
provided in the General Plan Community Character (Land Use)
Element.
b. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City of Burlingame.
The proposed amendment provides further clarification and detai l to an
implementation program, but does not represent a material change to
Housing Element or its potential environmental impact. On the basis of
the Final Environmental Impact Report (FEIR) certified by the
Burlingame City Council on January 7, 2019, pursuant to Resolution
No. 005-2019, the Environmental Impact Report (EIR) Addendum
dated November, 2023 and the documents submitted and reviewed,
and comments received and addressed by this commission, the City
Council previously found that there is no substantial evidence that the
Housing Element will have a significant effect on the environment
beyond those that were previously evaluated in the certified FEIR for
the 2040 General Plan.
4. The Housing Element substantially complies with State Housing Element Law, as
provided in Government Code Section 65580 et seq.
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5. Based on substantial evidence in the record, due to rapidly expanding demand for
residential land in the region and the underutilized nature of the sites identified in the
sites inventory, the existing uses on the non-vacant sites identified in the site inventory
to accommodate the RHNA are likely to be discontinued during the planning period
and therefore do not constitute an impediment to residential development on the sites
during the period covered by the housing element.
6. As required by Government Code Section 65585(e), the City Council has considered
the findings made by the Department of Housing and Community Development
included in the Department’s letter to the City dated May 18, 2023, and, consistent
with Government Code Section 65585(f), the City Council has changed the Housing
Element in response to the findings of the Department to substantially comply with the
requirements of State Housing Element Law.
7. The 2023-2031 Burlingame Housing Element is hereby amended, as shown in this
Resolution and incorporated herein.
8. This Resolution shall become effective upon adoption of the City Council.
9. The Community Development Director or designee is hereby directed to file all
necessary material with the Department of Housing and Community Development for
the Department to find that the Housing Element is in conformance with State Housing
Element Law and is further directed and authorized to make all non -substantive
changes to the Housing Element to make it internally consistent or to address any
non-substantive changes or amendments requested by the Department to achieve
certification.
10. The Community Development Director or designee is hereby directed to distribute
copies of the Housing Element in the manner provided in Government Code Sections
65357 and 65589.7
___________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 4th day of
March, 2024, and was adopted thereafter by the following vote:
AYES: COUNCIL MEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
___________________________________
Meaghan Hassel-Shearer, City Clerk
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