ORDINANCE AMENDING SECTION 17.24.020 OF CHAPTER 17.24 OF TITLE 17 OF THE CITY OF HEALDSBURG MUNICIPAL CODE PROVIDING FOR AN INCREASE IN THE NUMBER OF ANNUAL BUILDING PERMITS THAT MAY BE ISSUED PER YEAR
WHEREAS, in the November 2000 election, the Healdsburg voters approved a residential growth management initiative that limits permits for the construction of new residential units in the City of Healdsburg (“City”) to an average of thirty (30) units per year, not to exceed ninety (90) units in a three-year period (the “GMO”); and
WHEREAS, the GMO is codified in the City’s Municipal Code at Chapter 17.24; and
WHEREAS, since the passage of the GMO in 2000, the cost of housing has significantly increased in Healdsburg, exacerbating a shortage of available housing that is affordable to working families in the community, and a lack of housing options for community members in different stages of their lives and with different lifestyles; and
WHEREAS, even further exacerbating this housing shortage, in 2017, wild- fires swept Sonoma County, destroying hundreds of homes and entire neighborhoods; and
WHEREAS, Healdsburg has a particular shortage of rental housing available to community members in the “missing middle,” meaning they earn between 120% and 160% of the Sonoma County Area Median Income; and
WHEREAS, there are currently no programs in the City to make housing more available to those who fall into the “missing middle”; and
WHEREAS, Healdsburg needs additional rental housing for other members of the community who earn up to 120% of the Sonoma County Area Median Income; and
WHEREAS, the City Council has an interest in the development of rental housing that is available to residents and families of mixed income levels; and
WHEREAS, in light of the above, the City Council directed staff to study a potential amendment to the City’s Growth Management Ordinance and City staff presented the City Council with the proposed “ORDINANCE AMENDING SECTION 17.24.010 OF CHAPTER 17.24 OF TITLE 17 OF THE CITY OF HEALDSBURG MUNICIPAL CODE PROVIDING FOR AMENDING THE GROWTH MANAGEMENT ORDINANCE TO ALLOW PERMITTING OF AN ADDITIONAL FIFTY (50), ON AVERAGE, UNITS OF HOUSING PER YEAR, NOT TO EXCEED ONE-HUNDRED AND FIFTY (150) UNITS IN A THREE YEAR PERIOD," attached hereto and incorporated herein by reference as Exhibit “A” (the “GMO Amendment Ordinance”), which would allow for the permitting of an additional fifty (50), on average, units per year, not to exceed one-hundred and fifty (150) units in a three year period, of multi-family rental units, that would be subject to a regulatory agreement with the City requiring that the units be rented to tenants earning no more than 160% of the Sonoma County Area Median Income; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), the City has caused to be prepared an addendum to the Environmental Impact Report (“EIR”) for the City’s General Plan that examines whether the GMO Amendment Ordinance, attached as Exhibit A, would present any new or substantially more significant environmental impacts than those already examined in the General Plan or would otherwise require a subsequent or supplemental EIR pursuant to CEQA Guidelines section 15162; and
WHEREAS, the addendum to the General Plan EIR concludes that the GMO Amendment Ordinance, attached as Exhibit A, would not have any new or substantially more significant environmental impacts than those already examined by the General Plan EIR, nor would it otherwise require a subsequent or supple- mental EIR pursuant to CEQA Guidelines section 15162; and
WHEREAS, a general municipal election consolidated with the statewide general election to be held on Tuesday, November 6, 2018, has been called and pursuant to Government Code Section 53724 and Elections Code Section 9222, the City Council desires to submit the GMO Amendment Ordinance to the qualified electors of the City of Healdsburg at the consolidated election.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF HEALDSBURG DO ORDAIN AS FOLLOWS:
SECTION ONE. AMENDING SECTION 17.24.020 OF CHAPTER 17.24 OF TITLE 17 OF THE CITY OF HEALDSBURG MUNICIPAL CODE. Section 17.24.020 of Chapter 17.24 of Title 17 of the City of Healdsburg Municipal Code titled “Annual building permit allocations” is hereby amended in its entirety to read as follows with added language shown underlined:
17.24.020. Annual building permit allocations.
A. Subject to the exclusions listed in HMC 17.24.030, permits for the construction of new residential units within the incorporated boundaries of the City shall be limited to an average of 30 units per year and in no case shall exceed 90 for any three-year period.
B. In addition to the 90 units permitted by HMC 17.24.020(A), a maxi- mum of 50 units per year, on average, not to exceed 150 units in a three-year period, may be permitted so long as the additional units are:
1. Multifamily rental units;
2. Subject to a regulatory agreement with the City requiring that the units be rented to tenants earning no more than 160% of the Sonoma County Area Median Income, adjusted for household size appropriate for the unit.
The maximum of 50 units subject to this subsection (HMC 17.24.020(B)) shall not be subject to the provisions of HMC 20.20.030.
C. The initial three-year period shall begin as of the effective date of this chapter, January 1, 2001, and terminate December 31, 2003, and each successive three-year period shall apply to units permitted by HMC 17.24.020 (A) and (B).
SECTION TWO. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby, and to this end the provisions of this ordinance are declared to be severable.
SECTION THREE. CODIFICATION. Section One of this ordinance shall be codified in the City of Healdsburg municipal code. Sections Two, Three, Four, and Five of this ordinance shall not be codified.
SECTION FOUR. COMPLIANCE WITH CEQA. No substantial changes are proposed to the GMO Ordinance which require major revisions to the General Plan EIR in accordance with State CEQA Guidelines Section 15162. In accordance with Section 15164, the City Council considered an addendum to the General Plan EIR prepared for the GMO Amendment Ordinance in connection with placing this GMO Amendment Ordinance on the ballot. A copy of the addendum to the General Plan EIR is on file with the City Clerk. The City Council determined that the proposed GMO Amendment Ordinance would not have any new or substantially more significant environmental impacts than those already examined in the General
Plan, nor would it otherwise require a subsequent or supplemental EIR pursuant to CEQA Guidelines section 15162, because the potential increase in residential growth authorized would be within that anticipated in the General Plan and evaluated in the General Plan EIR.
SECTION FIVE. EFFECTIVE DATE. This ordinance may be approved by a majority vote of the City of Healdsburg electorate voting on the measure at the November 6, 2018 election. If this ordinance is approved by the City of Healdsburg electorate as outlined above, then this ordinance shall become effective ten (10) days following the date the vote is declared by the City Council in accordance with Elections Code §9217.
IT IS HERBY CERTIFIED that the foregoing Ordinance was APPROVED by the following vote of the People of the City of Healdsburg on November 6, 2018:
Yes:___________ No:___________ Total:___________
IT IS HEREBY FURTHER CERTIFIED that the foregoing Ordinance was adopted by Declaration of the November 6, 2018 election results by the City Council of the City of Healdsburg at a meeting held on _________________, 2018, by the following vote
AYES: Councilmembers: ( ) NOES: Councilmembers: ( ) ABSENT: Councilmembers: ( ) ABSTAINING: Councilmembers: ( )
SO ORDERED:
_____________________________ Mayor
ATTEST:
_____________________________ City Clerk
