Resolution 16005CITY OF ALAMEDA RESOLUTION NO. 16005
ADOPTING A GENERAL PLAN AMENDMENT TO UPDATE THE
HOUSING ELEMENT OF THE GENERAL PLAN AND CHANGE THE
LAND USE DIAGRAM DESIGNATION FOR TWO PROPERTIES TO
ACCOMMODATE THE CITY'S REGIONAL HOUSING NEEDS
ALLOCATION FOR THE PERIOD 2023-2031, AFFIRMATIVELY
FURTHER FAIR HOUSING, AND COMPLY WITH STATE HOUSING
ELEMENT LAW
WHEREAS, the California legislature has found that "California has a housing
supply and affordability crisis of historic proportions. The consequences of failing to
effectively and aggressively confront this crisis are hurting millions of Californians,
robbing future generations of the chance to call California home, stifling economic
opportunities for workers and businesses, worsening poverty and homelessness, and
undermining the state's environmental and climate objectives." (Gov. Code Section
65589.5.); and
WHEREAS, the legislature has further found that "Among the consequences of
those actions are discrimination against low-income and minority households, lack of
housing to support employment growth, imbalance in jobs and housing, reduced
mobility, urban sprawl, excessive commuting, and air quality deterioration." (Gov. Code
Section 65589.5.); and
WHEREAS, the legislature recently adopted the Housing Crisis Act of 2019 (SB
330) which states that "In 2018, California ranked 49th out of the 50 states in housing
units per capita... California needs an estimated 180,000 additional homes annually to
keep up with population growth, and the Governor has called for 3.5 million new homes
to be built over 7 years"; and
WHEREAS, State Housing Element Law (Article 10.6 of Gov. Code) requires that
the City Council adopt a Housing Element for the eight-year period 2023-2031 to
accommodate the City of Alameda's (City) regional housing need allocation (RHNA) of
5,353 housing units, comprised of 1,421 very -low income units, 818 low-income units,
868 moderate -income units, and 2,246 above moderate -income units; and
WHEREAS, State law requires that the City take meaningful steps to promote
and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and
WHEREAS, State law requires that the City make zoning available for all types of
housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and
WHEREAS, Alameda City Charter Article 26 prohibits construction of multifamily
housing and residential densities above 21 units per acre; and
WHEREAS, State law generally states that the Housing Element and the City's
zoning must support housing for all income levels, and residential densities under 30
units per acre do not support construction of housing for lower income households
(Gov. Code Section 65583.2(c)(3)(B)(iv)). Although State law may allow different
densities, subject to a market study which considers market demand and financial
feasibility, that option would ultimately require greater densities given that the City is
located in the heart of the San Francisco Bay Area, a region with some of the highest
land costs and highest construction costs in the country; and
WHEREAS, to address similar inconsistencies with State law, in 2012, the City
adopted the Multi -Family (MF) overlay zone in Alameda Municipal Code (AMC) Section
30-4.23(b)(1) which allows densities of 30 residential units per acre and states, "In the
event of a conflict between the provisions of the MF Combining District and the
provisions of the underlying district or the Alameda Municipal Code or Alameda City
Charter Article 26, the provisions of the MF District shall govern"; and
WHEREAS, the analysis of available sites to accommodate the City's RHNA of
5,353 housing units demonstrates that multifamily housing at densities of greater than
21 units per acre is necessary to accommodate the RHNA; and
WHEREAS, the Housing Element and amendments to AMC Chapter XXX
(Development Regulations) must be adopted to comply with State law, accommodate
the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of
housing types for all income levels, including multifamily housing (Gov. Code Sections
65583.2 and 65583(c)); and
WHEREAS, the preparation, adoption, and implementation of the Housing
Element and companion zoning amendments requires a diligent effort to include all
economic segments of the community; and
WHEREAS, the City conducted extensive community outreach over the last 18
months including over 25 public workshops before the Planning Board, Commission on
Persons with Disabilities, Transportation Commission, and Historical Advisory Board;
and
WHEREAS, on May 25, 2022, the City submitted the draft Housing Element to
the State Department of Housing and Community Development (HCD) for its review;
and
WHEREAS, in July 2022, HCD contacted the City with a number of questions
and concerns about the adequacy of the draft Housing Element, and based upon those
questions, City staff revised the draft Housing Element to include additional information
and data to support the City's position that the proposed programs and zoning changes
would be adequate to accommodate the RHNA and affirmatively further fair housing;
and
WHEREAS, on August 25, 2022, the City received a letter from HCD stating that
the draft Housing Element is in substantial compliance with State Housing Element Law,
and will comply with State Housing Element Law when it is adopted, submitted to and
approved by HCD in accordance with Government Code Section 65585; and
WHEREAS, the August 25, 2022 HCD letter emphasizes that adoption of the
Programs #2, #3, and #4, which are the programs that address Alameda Point housing,
shopping center rezoning, commercial street rezoning, and residential district rezoning
are "crucial to compliance"; and
WHEREAS, Programs #2, #3, and #4 are the associated zoning amendments
are the actions which are necessary to address the inconsistencies between State
Housing Law and City Charter Article 26; and
WHEREAS, on August 29, 2022, the City published the final draft Housing
Element (i.e., determined to be in substantial compliance by HCD) on the City website
and www.alameda2040.or+ and requested public comment on the final draft; and
WHEREAS, on September 26, 2022, the Planning Board held a duly noticed
public hearing and recommended that the City Council adopt a General Plan
Amendment to update the Housing Element and a comprehensive set of zoning text
amendments; and
WHEREAS, on October 10, 2022, the Planning Board held a duly noticed public
hearing and recommended that the City Council adopt a General Plan Amendment to
amend the General Plan Land Use Diagram for two properties and zoning map
amendments for a total of seven properties identified in the Housing Element as
housing opportunity sites; and
WHEREAS, on November 15, 2022, the City Council conducted a duly noticed
public hearing, reviewed the 2023-2031 Housing Element and all pertinent maps,
documents and exhibits, including the findings made by HCD and public comments, and
determined the Housing Element and the Land Use Diagram amendments to be
consistent with State law and the General Plan of the City of Alameda; and
WHEREAS, on that same date, the City Council introduced a companion
Ordinance to amend the AMC and citywide zoning map to implement the Housing
Element of the General Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the
following findings pertaining to the General Plan Amendment to update the Housing
Element and Land Use Diagram of the General Plan:
1. City Charter Conflict. Article 26 of the City Charter and its implementing
regulations are in direct conflict with State housing law and preempted and
unenforceable to the extent necessary to adopt a Housing Element in
compliance with state law. More specifically, Article 26 of the City Charter
is preempted by Government Code Sections 65583.2(c), (h), and (i) and
section 65583(c)(1), which require the City to allow multi -family housing,
and Government Code Section 65583.2(c)(3), which requires zoning
appropriate to accommodate housing for lower-income households and
zoning for a variety of housing types, and Government Code sections
8899.50 and 65583(c)(10), in that strict compliance with Article 26's
requirements, without the necessary modifications as proposed, would not
meet state law requirements.
2. The proposed General Plan text and diagram amendments are
consistent with the policies and intent of the General Plan. The
proposed amendments to the General Plan clarify and improve existing
Housing Element policies and objectives and ensure internal consistency
between the Housing Element and Land Use Element. The amendments
ensure consistency between the City General Plan and State law, which is
necessary to achieve General Plan policies and objectives for equal
access to housing, access to transportation improvement funds, and
mixed use, transit oriented housing opportunities.
3. The proposed General Plan text and diagram amendments will have
acceptable effects on the general welfare of the community. Because
several federal, state, and regional funding programs consider housing
element compliance as an eligibility or ranking criteria, the proposed
amendments will facilitate the City's ability to attract new grant funds to
improve transportation, infrastructure, open space, and housing. The
amendments will help ensure that households seeking different housing
types and affordable housing will have opportunities to find housing in
Alameda.
4. The proposed General Plan text and diagram amendments are in the
public interest. Maintaining consistency with State law requirements
ensures that the City General Plan is adequate for City decision making,
preserves access to State funding sources and reduces the risk to the
community of lawsuits over the adequacy of the General Plan.
5. California Environmental Quality Act. The City Council finds that, based
on substantial evidence in the record, the potential environmental impacts
of the project have been evaluated and disclosed pursuant to California
Environmental Quality Act (CEQA). On November 30, 2021, by
Resolution No. 15841, the City Council certified a Final Environmental
Impact Report (EIR) for the Alameda 2040 General Plan (State
Clearinghouse No. 2021030563) in compliance with CEQA, and adopted
written findings, a Statement of Overriding Considerations, and a
Mitigation Monitoring and Reporting Program for the General Plan
Amendment to update the Alameda General Plan (General Plan EIR),
which evaluated the environmental impacts of 12,000 additional housing
units in Alameda over 20 years, including 5,353 housing units to
accommodate the RHNA between 2023 through 2031. Pursuant to CEQA
Guidelines Sections 15162 and 15163, none of the circumstances
necessitating further CEQA review are present with respect to the General
Plan EIR. Adoption of the Housing Element and corresponding
amendments to the AMC to implement the policies and goals of the
Housing Element would not require major revisions to the General Plan
EIR due to new significant impacts or due to a substantial increase in the
severity of the significant environmental effects. There have been no
substantial changes with respect to the circumstances under which the
project would be undertaken that would require major revisions of the
General Plan EIR due to new or substantially increased significant
environmental effects. Further, there has been no discovery of new
information of substantial importance that would trigger or require major
revisions to the General Plan EIR due to new or substantially increased
significant environmental effects. For these reasons, no further
environmental review is required; and
BE IT FURTHER RESOLVED, that the City Council hereby adopts a General
Plan Amendment to update the Housing Element of the General Plan as shown in
Exhibit A; and
BE IT FURTHER RESOLVED, that the City Council hereby adopts a General
Plan Amendment to amend the Land Use Diagram for two properties shown below;
2363-2433 Mariner Square Drive
Land Use Diagram Amendment: Change from Business
Employment to Mixed Use.
APN'S: 74-1315-1, 74-1315-5, 74-1315-6, 74-1315-7
Approximate Acreage: 2.39
Webster Street Plaza
Location: Webster Street, Atlantic Avenue
Land Use Diagram Amendment: Change from Medium
Density Residential to Community Mixed Use.
APN'S: 73-426-26, 73-426-27, 73-426-28, and 73-426-25
Approximate Acreage: 2.27
And;
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to distribute
copies of the Housing Element in the manner provided in Government Code Section
65357.
EXHIBIT A
2023-2031 HOUSING ELEMENT
(On file in the Clerk's office)
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 15th day of November 2022, by the following vote to wit:
AYES: Councilmembers Knox White, Vella, and Mayor Ezzy
Ashcraft - 3
NOES: Councilmembers Daysog and Herrera Spencer — 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of the said City this 16th day of November 2022.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Celena H. Chen, Chief Planning Counsel
City of Alameda