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HomeMy WebLinkAbout44-Planning and Building CITY OF SAN BEROlRDINO - REQUESTOOR COUNCIL ACTION From: Al Boughey, Director De~: Planning & Building Services DaU: May 13, 1992 General Plan.Amendment No. 91-13 t Su~~: delete requirement for feasibility studies and conversion plans for publicly assisted senior projects. Mayor and Common Council Meeting June 1, 1992 Synopsis of Previous Council ~ion: On June 17, 1991, the Mayor and Common Council directed staff to initiate a general plan amendment to exempt publicly assisted senior citizen housing projects from the requirement to provide feasibility studies and conversion plans. Recommended motion: That the hearing be closed and the resolution be adopted. Contact person: ]11 'Rnll'Jhol' Phone: 384-5357 Supporting date attached: Staff Report & Resolution Ward: Citywide FUNDING REQUIREMENTS: Amount: N / A Source: (Acct. No.1 (Acct. Descriotion) Finance: Council NoUs: Agenda Item No /f 7" CITY OF SAN BER~DINO - REQUEST 'OR COUNCIL ACTION STAFF REPORT SUBJECT General Plan Amendment No. 91-13 Mayor and Common Council Meeting of June 1, 1992 REOUEST This City initiated proposal is to amend the text of the RU, Residential Urban, RM, Residential Medium, RMH, Residential Medium High, RH, Residential High, CR-2, commercial Regional, CG-2, Commercial General and CO-1, commercial Office land use designations to eliminate the requirement for marketing and financing analyses and conversion plans for any publicly assisted senior citizen housing projects. BACKGROUND During the Development Code adoption process, the issue of requiring marketing and financing studies (to determine long range feasibility) was considered by the Mayor and Common Council. However, the issue was deferred until after the adoption of the Development Code. On June 7, 1991, the Mayor and Common council directed staff to initiate a series of General Plan and Development Code Amendments of which this was one. ENVIRONMENTAL The proposed text amendment to the General Plan has been reviewed for exemption in accordance with the CEQA Guidelines. Section 15061(b) (3) of the Guidelines states that generally, CEQA applies only to projects which have the potential to cause a significant effect on the environment. The text amendment wi11 not resu1t in environmental impacts and the publicly assisted senior citizen housing projects affected by this amendment will be reviewed for environmental impacts. PLANNING COMMISSION RECOMMENDATION The amendment request was considered by the Planning Commission at a noticed public hearing on May 5, 1992. Two people testified at the public hearing against General Plan Amendment No. 91-13. Both were concerned that the amendment would result in relaxed standards for publicly assisted senior citizen housing projects. 75.0264 I?J - - . o o General Plan Amendment No. 91-13 Mayor and Common Council Meeting of June 1, 1992 Page 2 After closing the public hearing, the Planning Commission discussed the amendment request and the reasons why publicly assisted senior citizen housing projects should or should not be exempt from the requirement to provide marketing and financing studies and conversion plans. The Planning Commission made a motion to recommend adoption of General Plan Amendment No. 91-13 as presented. The motion did not carry because a majority of the total Planning commission membership did not recommend approval (4 ayes, 3 nays). ANALYSIS The General Plan requires that marketing and financial studies and conversion plans be submitted for all senior citizen housing projects in the RU, RM, RMH, RH, CR-2, CG-2 and CO-1 land use districts. The Development Code specifically exempts publicly assisted senior citizen housing projects from the requirement because project feasibility is addressed as part of the public funding qualifying process. It should be noted that senior citizen housing projects (publicly assisted or not) must comply with all other applicable Development code standards. Changing the language of General Plan Policy 1.12.11 (and other policies that reference this policy) to exempt publicly assisted senior citizen housing projects from the requirement will provide for consistency between the General Plan and the Development Code. It will also eliminate projects from having to go through a duplicate process. MAYOR AND COMMON COUNCIL OPTIONS 1. The Mayor and Common Council may adopt General Plan Amendment No. 91-13 based upon findings in the resolution. 2. The Mayor and Common Council may deny General Plan Amendment No. 91-13 and direct staff to prepare findings to support that determination. o o General Plan Amendment No. 91-13 Mayor and Common council Meeting of June 1, 1992 Page 3 RECOMMENDATION Staff recommends that the Hayor and Common Council adopt the resolution, copy attached, which adopts General Plan Amendment No. 91-13 as per staff's recommendation. Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building Services Attachment 1: Staff Report to planning Commission Hay 5, 1992 Attachment A - proposed Text Changes (not inClUded) Attachment 2: Resolution Attachment A - Text Changes to the General Plan , rJl""'"'. W en c u \.J '" JI""'"'. ... en W = (J W a:: - c W a:: c \......,...I '" .A CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY GENERAL PLAN AMENDMENT NO. 91-13 ~ - AGENDA ITEM 3 HEARING DATE 5-5-92 WARD C~tyw~de APPUCANT: City Initiated OWNER: N / A ~ A proposal to amend the text of the RU, Residential Urban, m1, Residential Medium, RMH, Residential Medium High, RH, Residentia High, CR-2, Commercial Regional, CG-2, Commercial General and CO-l, Commercial Office land use designations to eliminate the requirement for marketing and financing analyses and conversion plans for publicly assisted Senior Citizen housing projects. """" EXISTING I ANO USE PROPERTY '" N/A N/A ZONING GENERAL PLAN DE~IGNATlON N/A N/A ) Ir FLOOD HAZARD CI YES CI ZONE A \. ZONE: XX NO CI ZONE B '( CI YES ) UNO _ HIGH FIRE CI YES HAZARD ZONE: ~ NO ) A1RPORTNOISEI CRASH ZONE: ( GEOl.CGIC I SEISMIC CI YES . HAZARD ZONE: U NO ( r- ..I 0 NOT C APPUCABLE ... zen WeJ :E z a: EXEMPT z- OQ a::aE -I&. ~ 0 NO SlGNIACANT W EFFECTS ...- -..., o POTENTIAL SIGNIACANT . EFFECTS WITH MmGATlNG MEASURES NO E.I.R. o E.I.R. REQUIRED BUT NO SlGNIACANT EFFECTS WITH WTlGATlNG MEASURES o SlGNIACANT EFFECTS SEE ATTACHED E.R.C. MINUTES CI" Gl .... .......-D --- SEWERS: ) r REDEVELOPMENT PROJECT AREA: DYES ~NO ClYES :ec NO - Z o ~ I&.Q I&.Z cw liil o fd a::~ '-- 2CD o o o APPROVAL CONDmONS DENIAL CONTINUANCE TO ... PL.M4.II2 PAGE 1 OF 1 (4010) Attachment 1 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE GPA 91-13 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE "3 5-5-92 2 REOUEST This City initiated proposal is to amend the text of the RU, Residential Urban, RM, Residential Medium, RMH, Residential Medium Hiqh, RH, Residential Hiqh, CR-2, Commercial Reqional, CG-2, Commercial General and CO-l, Commercial Office land use desiqnations to eliminate the requirement for marketinq and financinq analyses (to determine lonq-term feasibility) and conversion plans for any public assisted Senior Citizen housinq projects. BACKGROUND The issue of requ1r1nq certain types of special studies for senior housinq projects was discussed durinq the Development Code adoption process. It was proposed to exempt from the requirement for a feasibility study and conversion plan any senior citizen housing project which is sponsored by the City'S Development Department or any qovernment housinq aqency or non-profit housinq development corporation. This provision was included in the Development Code. However, the General Plan has no policy relative to senior housinq exemptions from the requirement. This issue, alonq with several other issues, was deferred until after adoption of the City'S Development Code. Staff was then directed to prepare recommendations for action and present them to the Mayor and Common Council with recommendations. On June 17, 1991, staff recommended that the Mayor and Common Council initiate this qeneral plan amendment (and other General Plan and Development Code amendments). CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAI STATUS The proposed text amendment to the General Plan has been reviewed for exemption in accordance with the CEQA Guidelines. Section 1S061(b)(3) of the Guidelines states that qenerally, CEQA applies only to projects which have the potential to cause a siqnificant effect on the environment. The text amendment will not result in environmental impacts and the publicly assisted senior citizen housinq projects affected by this amendment will be reviewed for environmental impacts. COMMENTS RECEiVED No comments have been received. .... ~~.......->> PLAN.a.aI PAGE 1 OF 1 (ttoIOJ ~ ^ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ~. CASE GPA 91-13 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 3 5-5-92 3 .. ~ ANALYSIS General Plan Policy 1.12.11 (and other policies that reference this policy) requires that marketing and financing analyses and conversion plans be prepared for senior citizen housing projects in the RU, RM, RMH, RB, CR-2, CG-2 and CO-l designations. This requirement was included in the General Plan because there was concern that the relaxed standards for senior citizen housing could be misused. In other words, senior citizen housing projects could be built and then later, the units could be rented or sold to non- senior citizens. The result would be multi-family developments that do not meet multi-family standards. The Development Code also contains the requirement that marketing and financing analyses and conversion plans be prepared for senior citizen projects in land use designations in which they are permitted. However, publicly assisted projects are exempt from the requirement. This is because questions relating to marketing, financing and long-term feasibility are addressed as part of the public assistance qualifying process. Because the Development Code exempts publicly assisted senior citizen housing projects from the requirement to prepare marketing and financing stuclies and conversion plans and the General Plan cloes not, an inconsistency exists between the two documents. Changing the language of General Plan Policy 1.12.11 (and other applicable policies that reference this policy) to exempt publicly assistecl senior citizen housing projects would eliminate the inconsistency. In addition, this amendment will make it easier to implement goals in the Housing Element relative to providing housing to serve special needs (i.e., senior citizens). CONCLUSiON The General Plan requires that marketing and financial studies and conversion plans be submitted for all senior citizen projects in the RU, RM, RMH, RB, CR-2, CG-2 and CO-l designations while the Development Code specifically exempts those projects that receive public assistance. The difference in requirements between the two documents constitutes an inconsistency which needs to be eliminated. The provision for exemption shoulcl be included in the General Plan because issues relating to marketing, financing and long-term feasibility are acldressed during the funding allocation process. Changing the language of General Plan Policy 1.12.11 to exempt publicly assisted senior citizen housing projects from this requirement will eliminate the inconsistency. Pl..MIoIa PAGE 10F 1 (...... ... ClP - ~L . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE GPA 91-13 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 3 5-5-92 4 r' "'I F:INDl:NGS The proposal to change the text of the RU, Residential Urban, RM, Residential Medium, RMH, Residential Medium High, RB, Residential High, CR-2, commercial Regional,CG-2, commercial General and CO-I, Commercial Office land use designations to eliminate the requirement for marketing and financing analyses (to determine long-term feasibility) and conversion plans for any public assisted Senior citizen housing projects does not conflict with the overall goals of the General Plan. All elements of the text amendment proposal detrimental to the public interest, health, safety, welfare of the City. The proposed text amendment will not affect the balance of land uses within the City. would not be convenience, or The proposed text amendment will enhance the City'S ability to provide low and moderate income housing to senior citizens. RECOMMENDATION Staff recommends that the Planning commission make a recommendation to the Mayor and Common Council that: The text of the RU, Residential Urban, RM, Residential Medium, RMH, Residential Medium High, RB, Residential High, CR-2, Commercial Regional, CG-2, Commercial General and CO-I, Commercial Office land use designations be changed to exempt any publicly assisted senior citizen housing project from the requirement to prepare a marketing and financing analysis and conversion plan. - RespectfuJ:ly, . . I. " '.; II~;' ,. It 'p" . . . ~ .,~.~...,.,~t( ..... AI Bciughey-;-Di.rector Plann~nq ~d-Building Services I~} 6t\1J;, 7/0 ~:/.'1i{--- ~~orah WoldrUff~ b' Associate Planner /dw Attachment: A - Proposed Text Change ...Ii ......- - PUlNoUI ..IdE' OF , ,..... - o RESOLUTION NO. o RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND 1 APPROVING GENERAL PLAN AMENDMENT NO. 91-13 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AS FOLLOWS: 4 SECTION 1. Recitals 5 (a) The General Plan for the City of San Bernardino was 6 adopted by the Mayor and Common Council by Resolution No. 89-159 on 7 June 2, 1989. 8 (b) General Plan Amendment No. 91-13 to the General Plan of 9 the city of San Bernardino was considered by the Planning 10 Commission on May 5, 1992, after a noticed public hearing, and the 11 Planning Commission's plurality vote to recommend approval has been 12 13 14 15 16 17 18 considered by the Mayor and Common Council. (c) The Planning Commission determined that General Plan Amendment No. 91-13 was exempt from CEQA in accordance with Section 15061(b) (3) of the CEQA Guidelines which states that CEQA only applies to projects that have the potential to cause a significant effect on the environment. d) The Mayor and Common Council held a noticed public 19 hearing and fully reviewed and considered proposed General Plan 20 Amendment No. 91-13 and the Planning Division Staff Report on June 21 1, 1992. 22 (e) The adoption of General Plan Amendment No. 91-13 is 23 deemed in the interest of the orderly development of the City and 24 is consistent with the goals, objectives and policies of the 25 existing General Plan. 26 IIII 27 IIII 28 IIII 1 , ) o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. Findinas BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernardino that: A. The proposed amendment to change the text of the RU, Residential Urban, RM, Residential Medium, RMH, Residential Medium High and RB, Residential High, CR-2, Commercial Regional, CG-2, Commercial General and CO-1, Commercial Office land use designations to exempt publicly assisted senior citizen housing projects from the requirement to provide marketing and financing analyses and conversion plans is consistent with the goals established in the General Plan. B. All elements of the text amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. C. The elements of the proposed text amendment would not affect the appropriate balance of land uses within the City. SECTION 3. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: A. The text of the General Plan of the City of San Bernardino is amended by changing Policy 1.12.11 of Section d. Residential Urban. Permitted Use. Densitv. and Heiaht policies located on page 1-60 of the Land Use Element, to read as follows: "1.12.11 Permit the development of senior citizen and senior congregate care housing to a maximum density of 14 dwelling units per acre and height of two stories provided that a marketing and financing analysis is conducted which determines IIII IIII 2 ) . o o 1 long-term feasibility:.a plan is prepared for the..conversion 2 of senior units to standard units, with a corresponding 3 reduction in the nwnber of units, if the project is not 4 occupied by qualified seniors' and all Code requirements are 5 met. Any senior citizen housing project that is publicly 6 assisted is exempt from the requirements to prepare a 7 marketing and financing analysis and a conversion plan 8 (11.1)". This amendment is designated General Plan Amendment 9 No. 91-13 a copy of which is attached as Attachment A and 10 incorporated herein be reference. 11 B. General Plan Amendment No. 91-13 shall become effective 12 immediately upon adoption of this resolution. 13 SECTION 4. Text Notation 14 This resolution and the amendment affected by it shall be 15 noted on the appropriate General Plan page that has been previously 16 adopted and approved by the Mayor and Common Council and which is 17 on file in the office of the City Clerk. 18 SECTION 5. Notice of ExemDtion 19 The Planning Division is hereby directed to file a Notice of 20 Exemption with the County Clerk of the Board of the County of San 21 Bernardino certifying the City'S compliance with California 22 Environmental Quality Act in determining the exemption status of 23 General Plan Amendment No. 91-13. 24 25 26 27 28 IIII IIII IIII IIII IIII 3 ~ \ , ". \ o o 1 RESOLUTION.. .ADOPTING AND APPROVING GENERAL PLAN AMENDMENT NO. 91- 13 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. 2 3 4, 5 6 7 8 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting therefore, held on the , 1992, by the following vote, to day of wit: Council Members ~ DAXe ABSTAIN ABSENT ESTRADA REILLY 10 11 12 13 14 15 16 17 18 of 19 20 21 22 23 24 25 26 27 28 HERNANDEZ MAUDSLEY MINOR POPE-WDLAM MILLER City Clerk The foregoing resolution is hereby approved this day , 1992. w. R. Holcomb, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, city Attorney By: fL~ -r- k___ () 4 \. \ '" - . o o ATTACHMENT A - TEXT CHANGES TO THE GENERAL PLAN 1.12.11 Permit the development of senior citizen and senior congregate care housing to a maximum density of 14 dwelling units per acre and height of two stories provided that a marketing and financing analysis is conducted which determines long-term feasibility: a plan is. prepared for the conversion of senior units to standard units, with a corresponding reduction in the number of units, if the project is not occupied by qualified seniors' and all Code requirements are met. Anv senior citizen housina nro;ect that is nubliclv ;:~~:~~~ i: :x:~~t f.rom the reauirements to nrenare a mL______a~ ___anc1na analysis and a conversion Dlan (Il.1) . (Note: Addition to text is underlined).