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Home My WebLink AboutTC Res 1991-04-17 (2) RESOLUTION NO. 2778 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE GENERAL PLAN BY ADOPTING A REVISED HOUSING ELEMENT WHEREAS, the Town of Tiburon did adopt an interim revised Housing Element on September 28, 1989 and did certify a Final Environmental Impact Report for the project at that time; and did stipulate that certain revisions and additional information would be forthcoming in a revised and updated Housing Element; and WHEREAS, in early 1990 the Town initiated proceedings to revise the 1989 interim Housing Element to achieve a permanent status, and has re- circulated the Final Environmental Impact Report for the 1989 Housing Element revision as the Draft Environmental Impact Report for the current Housing Element revision; and WHEREAS, the review and comment period for the Draft Environmental Impact Report was held from May 28, 1990 to July 16, 1990, and no comments relating to significant adverse effects on the environment were received and the Draft Environmental Impact Report is therefore the Final Environmental Impact Report for the project; and WHEREAS, with regard to the Final Environmental Impact Report, the Town Council made written findings, attached to Resolution 2633 as Exhibit "A"; and adopted a monitoring program, attached to Resolution No. 2633 as Exhibit "B", as required by the California Environmental Quality Act; and WHEREAS, the Town has found that the project will have a de minimus impact on resources under the jurisdiction of the State Department of Fish and Game; and WHEREAS, the Town Council determined in adopting Resolution No. 2633, a copy of which is available from the Town Clerk, that the benefits of the General Plan Update outweighed the unavoidable significant adverse environmental effects identified in the Final Environmental Impact Report; and WHEREAS, the Planning Commission, pursuant to the Government Code, held duly noticed and advertised public hearings on 5/23/90, 6/13/90, 6/25/90,9/12/90, and 9/26/90 to receive public input and comments on the draft Housing Element revision and on the re-circulated Environmental Impact Report for the project; and WHEREAS, the Town's Housing Consultant held meetings with the Town Council-appointed Housing Committee, after which the recommendations of the Committee were presented by the Committee to the Planning Commission for consideration; and WHEREAS, the Planning Commission considered all testimony from the public hearings, including the recommendations of the Housing Committee, in formulating its recommendation to the Council, and furthermore considered the re-circulated Environmental Impact Report for the project; and WHEREAS, the Planning Commission on October 24, 1990, did adopt Resolution 496-90 recommending that the Council re-certify the 1989 General Plan Final Environmental Impact Report and approve the revised Housing Element; and WHEREAS, the Town Council, pursuant to the Government Code, held duly noticed and advertised public hearings on February 20, 1991 and April 17, 1991, to receive public input and comments on the draft Housing Element revision and on the re-circulated Environmental Impact Report for the project; and WHEREAS, the Town Council has considered all testimony from the public hearings, including the recommendations of the Planning Commission and Housing Committee, and furthermore has considered the re-circulated 1989 General Plan Final Environmental Impact Report; and WHEREAS, the Town Council finds that the revised Housing Element is consistent with the Town's other adopted General Plan Elements as described in the Housing Element itself; and WHEREAS, the California Department of Housing and Community Development (HCD) has provided comments on the proposed amendment to the Housing Element; and WHEREAS, the Planning Commission and Town Council have reviewed HCD's comments and found that the proposed amendments substantially comply with State Housing Laws as follows: 1. The proposed amendments to the Housing Element provide an assessment of housing needs consistent with the requirements of Government Code section 65583(a) and (a)(2). Specifically, to the extent information is available separately for the Town versus the Planning Area, that information has been provided in the draft amendment. However, the needs assessment is not broken out for the Town independent of the Town Planning Area because there is no reasonable way to develop this information. A letter has been drafted from the Town to ABAG 2 requesting that the next needs assessment be broken out by Town and Town Planning Area so that the next Housing Element update can distinguish between the two areas in its analysis. 2. The proposed amendments to the Housing Element provide an assessment of housing characteristics consistent with the requirements of Government Code section 65583(a) (2). Specifically, Table 16 describes the age of housing, while Table 17 describes the number of overcrowded units. Table 18 describes the number of persons overpaying for housing. The discussion in Section VII includes information about the number of deteriorated units based on a survey done in 1987. The household survey does not include any additional information on overcrowding. This is the best available information on the subject of housing characteristics and meets the requirements of Govt. Code section 65583 (a)(2). 3. The Housing Element contains analysis of special housing needs including the needs of the handicapped, elderly, large households, etc. consistent with Government Code section 65583(a) (6). Specifically, at the time the Element was sent to HCD for review, the Town contacted the Staff at HCD to request that where the department suggested information was insufficient to also identify sources of more up to date information. HCD did not give any specific suggestions about additional data sources in the letter of December. Staff contacted a number of Bay Area agencies, including the Marin United Way to determine whether more recent, credible data on these needs has been developed within the last six months. While the United Way did surveys on special housing needs last year, the report is not yet complete. The information contained in the Element is the best available at this time. Table 26 indicates the number of households headed by females based on the 1980 Census. Similarly, Table 27 indicates the number of large households, Table 28 the number of Disabled persons, and Tables 29 through 31 describe elderly persons. Census tract data does not correspond to the Town limits, so this information is not shown separately. The Town has determined that there is no "farm-worker" housing need within the Town. 4. The proposed amendment to the Housing Element contains a land inventory and accompanying text consistent with the requirements of Government Code section 65583(a) (3). Specifically, the land inventory, Table 3, in combination with the text of the Element clearly describe the lands available and 3 each parcels' unit potential given current planning and zoning. In addition, it is the Town's intent as stated in the Land Use Element to annex all properties within the Planning Area, if feasible, within the planning period. See Land Use Element Annexation Policies LU-5 through LU-8. 5. The proposed amendment to the Housing Element includes an analysis of the potential and actual governmental constraints upon the development of housing for all income levels as well as specific programs which address these constraints consistent with Government Code section 65583(A)(4). Specific programs include: Program H-a: Permit Streamlining for affordable projects. Program H-b: Redevelopment Agency facilitation of affordable projects. Policy H-30: Exemption for affordable units from Town Building Department fees. 6. The proposed amendment to the Housing Element includes an analysis of the availability of financing as a potential and non- governmental constraint to housing consistent with Government Code section 65583(a) (5). The discussion of financing in Section VI has been expanded pursuant to HCD's comment. 7. The proposed amendment to the Housing Element establishes the maximum number of housing units which can be constructed, rehabilitated and conserved during the planning period in Table 2 consistent with the requirements of Government Code section 65583. 8. Consistent with Government Code section 65583 (b) the proposed amendment to the Housing Element contains housing programs which: a) address the affordable housing need, b) address the need for housing sites, c) address the need for assistance for low- and moderate-income households through funds and removal of constraints, d) address emergency shelter provisions, and e) ensure housing opportunities. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby re-certify the Final Environmental Impact Report and adopt a revised Housing Element of the General Plan. 4 BE IT FURTHER RESOLVED that the Planning Director is directed to file a Notice of Determination with the County Clerk and the Office of Planning and Research. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 17, 1991, by the following vote: AYES: COUNCILMEMBERS: Coxhead, Friedman, Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Kuhn, Logan /), j,., ./: ;/ hi / .r? /1. / // '-',I" /" ,/ '/ ,,'--, /" / ,'./ ~ / "," / 1/ . / ~ /, .. / /' ' ,,' ,--7 /l.' / ,'/ f , / u~~ riIAYiR, MAYO!i / L- Town of Tiburon " ATTEST: 5