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HomeMy WebLinkAboutCity Council Resolution 20-004 SB35RESOLUTION NO.20-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE PROCESS FOR MINISTERIAL PROJECT REVIEW AND APPROVAL UNDER SENATE BILL 35 WHEREAS, Senate Bill 35 added Government Code Section 65913.4 providing for the ministerial approval of infill affordable housing projects. WHEREAS, the California Division of Housing Development issued Guidelines for implementing SB 35, Streamlined Ministerial Approval Process Guidelines ("Guidelines") on November 29, 2018. WHEREAS, the Guidelines direct local jurisdictions to provide information about their process for applying and receiving ministerial approval. WHEREAS, in the City of Saratoga applications for ministerial approvals are generally processed by City staff and ministerially approved by City staff if in compliance with all applicable laws. WHEREAS, the City of Saratoga has received its first application for streamlined approval of a project pursuant Government Code Section 65913.4. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the Community Development Director shall process and ministerially approve or deny any application submitted to the City pursuant to Government Code Section 65913.4 in compliance with all applicable laws. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 51h day of February 2020 by the following vote: AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members E. Manny Cappello, Yan Zhao NOES: Council Member Rishi Kumar ABSENT: ABSTAIN: Howard A."Miller, Mayor At szl_� e ie retschneider, City Clerk a 2 0 City of Saratoga Senate Bill 35 Eligibility Checklist To be eligible for a streamlined review process under SB 35, an application must meet the objective planning standards required by SB 35, including all applicable City objective land use standards, in effect at the time the application is submitted, as described below. 1. NUMBER AND DENSITY OF UNITS. The project must comply with the maximum residential density range permitted for the site, plus any applicable density bonus. HCD SB 35 Guidelines ("Guidelines") § 300(c)(1). If the zoning code's density designation for the site conflicts with the density allowed in the general plan's land use designation, the density in the general plan's land use designation prevails. Gov. Code § 65913.4(a)(5). The project, if eligible, may request a density bonus and/or waivers and/or concessions under the Density Bonus Law (Gov. Code § 65915). Guidelines § 300(b)(3). Any increase in density granted under the Density Bonus Law is considered consistent with maximum allowable densities. Guidelines § 300(b)(3). In addition: (a) The project must propose at least two multifamily residential units. Guidelines §§ 102(o), 400(a). (b) If the project is mixed -use, at least two-thirds of the proposed development's square footage must be designated for residential use. Guidelines § 400(b). i. The two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities to gross development building square footage for an unrelated use, such as commercial or office uses. Structures utilized by both residential and non-residential uses shall be credited proportionally to intended use. Guidelines § 400(b). Underground space, such as basements or underground parking garages, shall not be included in the calculation of the square footage of the development. Govt. Code 65913.4(a)(2)(C) (as amended by AB 1485). ii. Related residential facilities are defined as any manager's units and any and all common area spaces that are included within the physical boundaries of the housing development, including, but not limited to, common area space, walkways, balconies, patios, clubhouse space, meeting rooms, laundry facilities, and parking areas that are exclusively available to residential users, except any portions of the overall development that are specifically commercial space. Guidelines § 102(u). 1 iii. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to Density Bonus Law are included in the square footage calculation. Gov. Code § 65913.4(a)(2)(C). (c) If the development project qualifies for a density bonus under Government Code section 65915, the applicant must submit detailed plans clearly showing location and the square footage of: i. Affordable units that qualify the project for a density bonus, ii. Additional density, floor area, or units granted pursuant to Density Bonus law. The plans must be of sufficient detail to verify the square footage of the residential units and additional bonus units, floor area, or density granted pursuant to Density Bonus Law. (d) Both residential and non-residential components of a qualified mixed -use development are eligible for the streamlined approval process. Guidelines § 400(b)(2). Additional or subsequent permitting requirements pertaining to the individual businesses located in the commercial component (e.g. late night activity, live music or child care use permits) are subject to the City's General Plan and Development Code requirements. Guidelines § 400(b)(3). 2. AFFORDABILITY. The project must provide affordable housing as specified under Government Code section 65913.4(a)(3)(A) and (a)(4)(B)(i). Specifically, SB 35 projects in Saratoga must dedicate: (a) at least 10% of their total units as affordable to households making below 80 percent of the area median income in Santa Clara County OR (b) 20 percent of the total number of units to housing affordable to households making below 120 percent of the area median income with the average income of the units at or below 100 percent of the area median income. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 120 percent of the area median income shall not exceed 30 percent of the gross income of the household.' Govt. Code § 65913.4(a)(4)(b)(I)-(II); Guidelines § 402(a)(1). When jurisdictions have insufficient progress toward their below moderate income RHNA and their above moderate income RHNA, they are subject to the streamlined ministerial approval process for proposed developments with at least 10 percent affordability. Gov. Code § 65913.4(a)(4)(B)(i)(I). Saratoga has not had sufficient progress toward the Above Moderate income RHNA, and is therefore subject to streamlining of projects offering at least 10 percent affordability under SB 35 according to the most recent SB 35 Determination Summary, available (footnote continued on next page) 2 PCL XL Error Subsystem: GE Error: InternalError Ox89 File Name: jetReadylmage.c Line Number: 481