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Home My WebLink AboutTC Res 2023-09-20RESOLUTION NO. 41-2023 RESOLUTION OF THE TIBURON TOWN COUNCIL AMENDING THE 2023-2031 HOUSING ELEMENT OF GENERAL PLAN 2040 WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that Tiburon adopt a housing element for the eight-year period 2023-2031 to accommodate the regional housing need allocation (“RHNA”) assigned to the Town by the Association of Bay Area Governments of 639 housing units, comprised of 193 units affordable to very-low income households, 110 units affordable to low-income households, 93 units affordable to moderate-income households, and 243 units affordable to above moderate-income households; and WHEREAS, the Planning Commission conducted a public hearing on May 10, 2023, and approved Resolution No. 2023-004 and thereby recommended that the Town Council adopt General Plan 2040 including the 2023-2031 Housing Element but consider the replacement of Site H in the sites inventory with the sites identified in Alternative #3 in the Final EIR; and WHEREAS, on May 22, 2023, the Town Council conducted a public hearing and adopted: 1) Resolution No. 25-2023 thereby certifying the Final Environmental Impact Report for General Plan 2040, adopted CEQA Findings of Fact, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program; and 2) Resolution No. 26-2023 thereby adopted General Plan 2040, including the 2023-2031 Housing Element, and instructed staff to submit the adopted Housing Element to the State Department of Housing and Community Development (HCD); and WHEREAS, staff met with HCD staff on July 1 and 19, 2023 and based on oral comments received during those meetings made revisions to the adopted Housing Element and released the proposed revisions to the public on July 20, 2023, by posting the draft revision on the Town’s website, and emailing a link to all individuals and organizations that had previously requested notices relating to the Town’s housing element; and WHEREAS, Staff met with HCD staff on July 27, 2023, and based on that conversation staff made additional revisions to the draft which was posted on the Town’s website that day; and WHEREAS, revisions made to the Housing Element based on these discussions with HCD staff include: modifications to programs H-gg “Facilitate and Promote Accessory Dwelling Unit Development,” H-jj “Identify Additional Housing Opportunity Sites,” H-ll “Rezone 4576 Paradise Drive,” and H-oo “Facilitate and Promote SB-9 Development”; adding a new program H-pp “Permit Processing Timeline Review”; and corresponding revisions to the Affirmatively Furthering Fair Housing (AFFH) Action Matrix as well as adding new Housing Mobility Programs to the AFFH Action Matrix (Table 24); and WHEREAS, on July 28, 2023 the Town received written comments from HCD which requested additional changes to the Housing Element to address third party comments related to “…potential constraints that may impede the development of Site H to be developed during the planning period at the assumed unit capacity of 93 units”; and WHEREAS, HCD’s July 28th letter indicates that “[w]hile conversations with staff and communications from the owner of the property indicate that these issues will not constrain development of the property, the element should reflect this information, responding to these concerns to demonstrate the suitability of this site to accommodate the 93 units of above moderate-income DocuSign Envelope ID: 4567B00C-DAA4-4865-9622-36B5A137C86F housing”; and WHEREAS, HCD also recommended that Program H-ll (Rezone 4576 Paradise Drive) be revised to state that the program will establish development standards, including zoning and objective design standards, that will accommodate the presumed unit capacity even when taking into consideration known site constraints; and WHEREAS, the Housing Element was revised in response to the HCD’s July 28th comments, the proposed revisions were reviewed with HCD staff on August 8, 2023, and the revised draft of the Housing Element was posted on the Town’s website that day and a link was distributed to all interested parties; and WHEREAS, the revisions which staff made in response to HCD’s July 28th comment letter include additional information on housing sites; availability of sewer, water, fire protection service; and further protection of special status plant and animal species; and WHEREAS, on August 23, 2023, the Planning Commission held a noticed public hearing and adopted Resolution No. 2023-08 and thereby recommended that the Town Council adopt the 2023-2031 Housing Element amendments with the following additional revisions: 1. Add information to the description of Site H in Section 3.0 that water supply infrastructure may need to be extended; and 2. Add information to the description of Site H in Section 3.0, after the owner interest section on p. 90 of the redlined version of the Housing Element, describing public engagement related to Site H. The Commission authorized Commission Tsai to work with staff on the specific language to be included. WHEREAS, the Planning Commission also recommended that in light of concerns around the development of Site H, the Town Council consider the Downtown and ADUs as options to fulfill the requirement of the Housing Element of the General Plan; and WHEREAS, on September 20, 2023 the Town Council conducted a public hearing, notice of which was published in the Ark on September 6, 2023. NOW THEREFORE, BE IT RESOLVED THAT the Town Council hereby finds that: 1. The amendments to the 2023-2031 Housing Element have been analyzed in the certified Final EIR for General Plan 2040 and that there are no new significant impacts or other triggers that would require additional CEQA review. 2. The findings made by the Town Council in Resolution No. 26-2023 are hereby incorporated herein by reference. 3. The Town has considered the requests for additional information from the Department of Housing and Community Development included in the Department’s letter to the Town dated July 28, 2023, and information has been included in the amendments to the 2023-2031 Housing Element that respond to these requests. BE IT FURTHER RESOLVED that the Tiburon Town Council hereby finds and determines that the above recitals are true and correct and, together with the staff report, serve as the evidentiary basis, in part, for the actions set forth below. BE IF FURTHER RESOLVED that the Town Council hereby adopts the amendments to the 2023- DocuSign Envelope ID: 4567B00C-DAA4-4865-9622-36B5A137C86F 2031 Housing Element of the General Plan 2040 (Exhibit A). BE IT FURTHER RESOLVED that that the Community Development Director or designee is directed to file all necessary material with the Department of Housing and Community Development and is 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. DocuSign Envelope ID: 4567B00C-DAA4-4865-9622-36B5A137C86F PASSED AND ADOPTED at a the Town Council meeting held on September 20, 2023, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nikfar JACK RYAN, MAYOR TOWN OF TIBURON LEA DILENA, TOWN CLERK EXHIBITS EXHIBIT A: Amendments to the 2023-2031 Tiburon Housing Element Amendments to the 2023-2031 Tiburon Housing Element (redlined) Amended Housing Element Appendix 1 (redlined) ATTEST: DocuSign Envelope ID: 4567B00C-DAA4-4865-9622-36B5A137C86F