CC MIN 02082022 - Laserfiche WebLink

City has to allow projects including a minimum percentage of affordable housing to be approved by right and without City discretion. She noted this is less relevant today because changes in state law have removed many opportunities for a city to have input into development. Interim City Manager Brian Dolan advised the City retains the ability to enforce its published objective standards related to design review. In response to Councilmember Testa, Director Clark explained she does not believe by right precludes the City from having a public hearing, but it limits the City's ability to deny a project. She advised the City could still apply its objective design standards. In response to Councilmember Testa, Director Clark clarified the EIR is program-level because it will look at a broad range of land-use changes across the entire City. She reported staff has not yet considered how demolition and construction's negative impacts will be treated but advised they are typically included in an environmental review. In response to Councilmember Arkin, Director Clark explained that putting a site through an environmental review does not compel the City to approve the site. She advised the City can easily take sites off the list, but it is much more difficult to add sites later which is why staff is recommending a larger list for an environmental analysis. She clarified if a site was selected tonight but not included in the final Housing Report, the positive for the City is if a developer wanted to build on the site at a later date their process would be simplified by already having an EIR. She advised this rezoning would be discretionary by the City and there would be no obligation to approve the project simply because an EIR has been performed. She advised it would be advantageous to have sites already vetted if there is a need to rezone more sites in the future due to this scenario. Nothing would preclude the City from including more sites later, but it would be more time-consuming. In response to Councilmember Balch, Director Clark confirmed due to the new no net loss provision, it could be difficult to meet the State deadlines to identify new sites if they have to start from scratch with an EIR as opposed to having already performed one as part of the current need for buffer sites. She advised this timetable is part of the reasoning of having a B-list of sites that have been vetted to some degree by the City Council even if they are cut before adopting the final Housing Element next year. In response to Councilmember Narum, Director Clark confirmed an option available to the City Council is having a secondary list of sites not reflected in the Housing Element as a fallback list in case they need to identify more sites due to the no net loss provision. In response to Councilmember Testa, Director Clark clarified Senate Bill (SB) 330 says cities cannot remove a residential zone designation unless other sites are rezoned. She noted this means sites can trade sites but there needs to be an alternative site to replace the one being removed as residential zoning. City Attorney Sodergren reported Councilmembers Testa and Balch both live within 500 feet of a potential site. He advised the State's Fair Political Practices Commission advised they may take part in the discussion and approval of the list as a whole but they may not offer this same input specifically on sites within close proximity to their homes. He reported the City Council will address Sites 25 and 26 first so Councilmembers Testa and Balch can recuse. Councilmember Testa recused herself from the discussion on Site 25. Director Clark advised the question about Site 25, and all sites discussed tonight, is whether or not it should remain in inventory consideration, and if included, whether or not is the recommended density range is appropriate. She reported Site 25 is 10.17 acres owned by PUSD for its offices, maintenance yard, and other facilities but not the playfields. She advised the recommended density range is 15-25 City Council Minutes Page 5 of 27 February 8,2022