17 - Laserfiche WebLink

vision for how the mall properties may evolve over time from an indoor focused regional shopping center to a more vibrant, mixed-use district with a better-connected circulation system and high-quality outdoor spaces, generally through infill development of existing parking lots and conversion of vacant commercial spaces. The Framework work plan was structured to allow for completion of the process by the same time the Housing Element was to be adopted, so that critical land use guidance, development standards and place-making elements could be reflected in the Housing Element. Work has since proceeded on the Framework, including a joint Community and Planning Commission meeting held on September 26; staff has also been working with the professional services team to develop conceptual alternatives. Through the process to date, staff and the professional services team has met with all the property owners at the mall (individually and as a group), to discuss their development ideas, intentions, and goals, understand their perspectives on project feasibility, and vet physical and other opportunities and constraints that need to be considered in the Framework. Objective Design Standards The City has been working on establishing ODS for residential development. This effort is multi-pronged in that the ODS are proposed to address residential development of various types and densities. The Planning Commission reviewed proposed revisions to the existing guidelines for high-density residential development at its September 2021 meeting. In November 2021, City Council reviewed and adopted an ordinance inclusive of objective standards applicable to SB9 projects in single-family neighborhoods. The ODS proposed for adoption along with the Housing Element would apply to housing that could be proposed as a result of the Housing Element, to establish objective and uniformly verifiable criteria that must be met (e.g., building step-back requirements, minimum open space, massing breaks, etc.). As a related effort, the City is also working on ODS that would apply to smaller sites where smaller multifamily infill projects are commonly proposed. DISCUSSION In October 2022, staff became aware of the experience of a Southern California city whose Housing Element had not been adopted within the requisite timeframe, and who had seen submittal of numerous project applications that proposed to make use of the so-called "builder's remedy" — a longstanding but seldom used provision of the Housing Accountability Act which had been interpreted to remove most local zoning controls when a jurisdiction has a non-compliant housing element. While the basis for these applications is being challenged, given the concerns that this raises locally, staff now recommends the City move expeditiously and adopt the Housing Element by the January 31 deadline instead of relying on the 120-day grace period. Adoption by January 31, 2023 would entail the City Council making findings of compliance with State law. The adopted Housing Element will be submitted to HCD upon its adoption by the City, with the intent of receiving preliminary certification from HCD thereafter. This approach (i.e., City adoption followed by HCD certification) is allowed by State law. Staff also proposes to accelerate key portions of the Framework process, in order to get City Council direction on the most critical elements for inclusion in the adopted Housing Page 3 of 5