PC R 24-2403RESOLUTION NO. 24-2403
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THE CITY
COUNCIL ADOPT AN ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 24-003
REGARDING MINISTERIAL REVIEW OF AFFORDABLE
HOUSING PROJECTS AND DENSITY BONUSES
WHEREAS, on May 5, 2021, the California Department of Housing and
Community Development certified the City's sixth cycle (2020-2028) Housing Element;
and
WHEREAS, the Housing Element profiles the City's compliance with various state
housing laws; and
WHEREAS, Housing Element program A.1-1 directs the City to amend the
Municipal Code to comply with Assembly Bill 1397 to allow ministerial approval of housing
projects where at least twenty percent of the units are affordable to lower income
household on parcels identified in this program; and
WHEREAS, Housing Element program A.10-1 directs the City to amend the
Municipal Code relating to density bonuses to comply with current State law; and
WHEREAS, this ordinance adds section 16.52.270 to allow ministerial review of
housing projects that are consistent with AB 1397 and amends section 16.82 to specify
that the City adopts State density bonus law by reference; and
WHEREAS, on July 30, 2024, the Planning Commission conducted a duly noticed
public hearing to consider the staff report, recommendations by staff, and public testimony
concerning the ordinance. Following the public hearing, the Planning Commission voted
to forward the ordinance to the City Council with a recommendation in favor of its
adoption; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby recommends the City Council adopt Ordinances approving Development
Code Amendment 24-003 amending Title 16 of the Arroyo Grande Municipal Code as
attached hereto as Exhibit "A" and incorporated herein by this reference.
On motion by Commissioner Sackrison, seconded by Commissioner Berlin, and by the
following roll call vote, to wit:
AYES: Sackrison, Berlin, Roof
NOES: None
ABSENT: Maraviglia, Buchanan
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the foregoing Resolution was adopted this 30"' day of July, 2024.
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ATTEST:
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PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
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BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING SECTION 16.52.270
RELATING TO IMPLEMENTATION OF AB 1397 AND
AMENDING CHAPTER 16.82 OF THE ARROYO GRANDE
MUNICIPAL CODE RELATING TO STATE DENSITY
BONUS LAW AND FINDING THE ORDINANCE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, on May 5, 2021, the California Department of Housing and
Community Development certified the City's sixth cycle (2020-2028) Housing Element;
and
WHEREAS, the Housing Element profiles the City's compliance with various state
housing laws, including Senate Bill 2; and
WHEREAS, Housing Element program A.1-1 directs the City to amend the
Municipal Code to comply with Assembly Bill 1397 to allow ministerial approval of housing
projects where at least twenty percent of the units are affordable to lower income
household on parcels identified in this program; and
WHEREAS, Housing Element program A.10-1 directs the City to amend the
Municipal Code relating to density bonuses to comply with current State law; and
WHEREAS, this ordinance adds section 16.52.270 to allow ministerial review of
housing projects that are consistent with AB 1397 and amends section 16.82 to specify
that the City adopts State density bonus law by reference; and
WHEREAS, on July 30, 2024, the Planning Commission conducted a duly noticed
public hearing to consider the staff report, recommendations by staff, and public testimony
concerning the ordinance. Following the public hearing, the Planning Commission voted
to forward the ordinance to the City Council with a recommendation in favor of its
adoption; and
WHEREAS, on , 2024, the City Council conducted a duly noticed public
hearing to consider the ordinance, including: (1) the public testimony and agenda reports
prepared in connection with the ordinance; (2) the policy considerations discussed
therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public
meeting on , 2024 introduced this Ordinance to add Section 16.52.270 and
amend Section 16.82 of Title 16 of the Arroyo Grande Municipal Code; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this ordinance is exempt
from the California Environmental Quality Act ("CEQA") pursuant to State CEQA
Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not result in a direct or
reasonably foreseeable physical change in the environment; and the activity is covered
by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. The DCA allows for the ministerial review of
housing projects on certain sites specified in the Housing Element and ministerial projects
are not subject to CEQA. An update to the Municipal Code related to density bonuses is
also exempt because this action cannot cause a physical change to the environment on
its own. Thus, it can be seen with certainty that there is no possibility that the activity may
have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the
Arroyo Grande Municipal Code, the City Council hereby makes the following findings:
1. General Plan. The ordinance's amendments to the AGMC are consistent
with the General Plan and necessary and desirable to implement the provisions thereof.
Specifically, Housing Element program A.1-1 compels the City to comply with AB 1397
by allowing ministerial review of housing projects that meet certain criteria. This ordinance
effectuates and implements program A.1-1 by specifying the parcels in which these
provisions apply and encourages the development of affordable housing to meet targets
established in the Housing Element. Additionally, program A.10-1 directs the City to
update the Municipal Code to comply with State density bonus law. This ordinance
effectuates and implements program A.10-1 by adopting State law by reference as it
relates to density bonuses. For these reasons, the ordinance's amendments to the AGMC
are consistent with the General Plan and necessary and desirable to implement the
provisions thereof.
2. Health, Safety, and Welfare, Illogical Land Use Pattern. Adoption of the
ordinance will not adversely affect the public health, safety, and welfare as it updates the
AGMC to allow ministerial review of affordable housing projects on site that were
previously evaluated for their ability to accommodate affordable housing and adopting
State density bonus law by reference to ensure that the AGMC is consistent with the
City's Housing Element. Finally, this ordinance will not result in an illogical land use
pattern as it is not amending the City's zoning map.
3. Consistency with Title 16. This ordinance is consistent with the purpose and
intent of AGMC Title 16 because while it does amend the type of permit required for
certain affordable housing projects, it does not alter or revise the type or intensity of
allowed uses and ensures that the provisions thereof are consistent with the City's
Housing Element.
4. Environmental. See Section 2 above.
SECTION 4. Code Amendment. Section 16.52.270 is hereby added in its entirety
to Title 16, Chapter 52 of the Arroyo Grande Municipal Code to read as follows:
16.52.270 — By -Right Housing Projects
A. Purpose and Intent. It is the purpose of this section to facilitate the development of
qualifying affordable housing units by implementing Program A.1-1 from the City
of Arroyo Grande 2020-2028 Housing Element ("Program A.1-1 ") and codifying the
statutory requirements found in California Government Code section 65583.2(c)
governing the same.
B. Applicability. This section applies to the following sites listed in Program A.1-1:
Assessor's Parcel Numbers (APNs) 077-011-010, 077-204-028, 077-211-022, and
077-221-031.
C. Effect. Residential projects allowed as a use by right under this section shall be
exempt from discretionary review and any corresponding discretionary permits that
would otherwise be required by Chapter 16.16 of this Code. For purposes of this
section, "use by right" has the same meaning as provided in Government Code
section 65583.2(i).
D. Requirements. A proposed owner -occupied or multifamily residential project shall
be allowed as a use by right under this section if all of the following requirements
are satisfied:
The project is located on a site listed in subsection (B) above.
2. The project complies with all applicable objective City policies, development
standards, and design standards established in the General Plan or
Development Code. Where there is a conflict between other City
requirements and this section, the provisions of this section apply.
3. The minimum residential density is 20 dwelling units per acre.
3. At least 20 percent of the units are affordable to lower income households
in accordance with Government Code section 65583.2(c).
SECTION 5. Code Amendment. Chapter 16.82 of the Arroyo Grande Municipal
Code is hereby amended to read as follows (additions shown in underline and deletions
shown in str+kethFough):
Chapter 16.82. — Density Bonuses
16.82.010. - Purpose and Application. The purpose of this chapter is to establish
allow density bonuses and other affordable
housing incentives to qualifying proiects refe�PFequiFeFneF;tr,, as set
forth in California Government Code sections 65915 through Section
65918, as they may be amended, aPA to increase the production of
affordable housing, Gensi tent with the nity'S gGalc. objentivec. and neliGiec.
16.82.020. - Density Bonus. The density bonuses and other affordable housing
incentives required by State law, including but not limited to. Government
Code section 65915 et sea., shall be available to applicants on the terms
and conditions specified in State law.
SECTION 6. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed ordinance is to be adopted. A certified
copy of the full text of the proposed ordinance shall be posted in the office of the City
Clerk. Within 15 days after adoption of the ordinance, the summary with the names of
those City Council members voting for and against the ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
ordinance.
SECTION 7. Effective Date. This ordinance shall become effective 30 days after
adoption.
SECTION 8. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the application of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this ordinance
that remain valid if any provisions of this ordinance are declared invalid.
SECTION 9. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council's findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member , seconded by Council Member , and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of , 2024.
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY