CC 02-19-2025 Item No. 9 Zoning Map Amendment_ Desk ItemCC 02-19-2025
Item No. 9
Zoning Map
Amendment to correct
zoning for Priority
Housing Site No. 24 in
6th cycle Housing
Element
Desk Item
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City Council
February 19, 2025
Zoning designation correction for Priority Housing
Site No. 24 in 6th Cycle Housing Element
(20865 McClellan Road)
Background
6th Cycle Housing Element adopted - May 14, 2024
Rezoning (reqd. by state law) – July 16, 2024
HE certified by HCD - September 4, 2024
58 Priority Housing Sites mostly along SCB, De Anza,
Homestead
Few sites located in west neighborhoods
Per direction from PC and CC in early-mid ’22
Affirmatively Furthering Fair Housing (state law)
These sites allow densities to accommodate townhomes
(~20 du/ac)
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Background
20865 McClellan allows densities between 10 – 20
du/ac
Land Use Map excerpt
Pink sites – 10-20 du/ac
Background
Historically,P (planned development) zoning designation
used as combining district for flexible standards
State law (e.g. SB330 and SB 35) now requires objective
standards for review of housing developments
City established Townhome (TH)combining district to
satisfy HCD review
R3 – multi-family (typically stacked units)
TH – combining district to allow townhomes (typically units
with shared walls and no stacking)
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Priority Housing Site No. 24
Oversight for Site no. 24 needs correction
14 residential-only Priority Housing sites with R3
zoning,all except this one have R3/TH zoning
Site 24 described in Housing Element Table B4-8:
Table B4-7 unintentionally omitted TH designation
Planning Commission Review
Recommended approval by 3-2 vote (Scharf and
Madhdhipatla voting no) on December 10, 2024
Several persons spoke against the correction action
since they were dissatisfied about original rezoning to R3
Comments made include:
Perceived incompatibility of a townhome or multi-
family development on this site
Increased traffic and traffic safety concerns
Adequate availability of utilities
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Environmental Review
Statutorily Exempt from the California
Environmental Quality Act (CEQA)
YIMBY and CA Housing Defense Fund filed lawsuit on
Feb 3, 2023; Settled in Jan 2024
All actions related to Housing Element adoption
(including rezoning) exempt from CEQA pursuant to
CA Govt. Code Section 65759
Environmental Assessment prepared and adopted as
Appendix G of General Plan on May 14, 2024
Since no increase in density, no environmental
impacts anticipated pursuant to CA Govt. Code
Section 15061(b)(3)
Recommendation
Change to zoning:
Does NOT change density (i.e., number of units that
can be built on site) allowed by General Plan
Ensures zoning is consistent with the General Plan and
Housing Element text
Allows development to proceed as anticipated –
with townhomes
HCD expects City to take any actions necessary to
enable expected development identified in Housing
Element
Recommend adopting resolution that City Council
correct zoning for Priority Housing Element site no. 24 at
20865 McClellan Rd from R3 to R3/TH
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