City Council

(48) 25-1083-S4\nRelated to Council file No. 25-1083-S3\nSTATUTORY EXEMPTION, HOUSING ELEMENT ENVIRONMENTAL\nIMPACT REPORT (EIR) NO. ENV-2020-6762-EIR,\nCOMMUNICATIONS FROM THE DEPARTMENT OF CITY PLANNING\n(DCP) AND CITY ATTORNEY and ORDINANCE FIRST\nCONSIDERATION relative to locally implement Senate Bill 79, “The\nAbundant and Affordable Homes Near Transit Act”.\nA. COMMUNICATION FROM THE DCP DATED JUNE 17, 2026\nRecommendations for Council action:\n1. FIND in the independent judgment of the decision maker,\nin consideration of the whole of the record, the Project is\nstatutorily exempt from the California Environmental\nQuality Act (CEQA) pursuant to Public Resources Code\nSection 21080.085(b), and was assessed in the Housing\nElement Environmental Impact Report No. ENV-2020-\n6762-EIR (State Clearinghouse No. 2021010130) certified\non November 29, 2021, Addendum No. 1 (ENV-2020-\n6762-EIR-ADD1) approved on June 14, 2022, and\nAddendum No. 2 (ENV-2020-6762-EIR-ADD2) approved\non December 10, 2024 (collectively, EIR), and no\nsubsequent or supplemental EIR is required pursuant to\nCEQA Guidelines Sections 15162 and 15164.\n2. ADOPT forthwith the draft Ordinance, transmitted by the\nCity Attorney’s Office to the Council file, approved as to\nform and legality, to permanently exclude sites from the\nCity’s capacity obligation in certain Transit Oriented\nDevelopment Zones pursuant to California Government\nCode Section 65912.160(e), and to pause effectuation of\nthe provisions in California Government Code Sections\n65912.155-65912.162 inclusive citywide, to implement the\nCity’s Senate Bill 79 Phased Implementation Ordinance.\n3. ADOPT the DCP Supplemental Report and Revised\nFindings, titled, “Supplemental Report and Revised\nFindings for the Low-Rise Ordinance and Senate Bill 79\nPhased Implementation Ordinance,” with attachments\n(Revised Exhibit 3, Exhibit 4, Appendix 1 and Appendix 3),\ndated June 17, 2026, attached to the report and Council\nfile.\nB. COMMUNICATION FROM THE CITY ATTORNEY DATED\nJUNE 17, 2026\nRecommendation for Council action, SUBJECT TO THE\nAPPROVAL OF THE MAYOR:\nPRESENT and ADOPT the accompanying ORDINANCE, dated\nJune 17, 2026, to implement the City’s Senate BIll 79 Phased\nImplementation Ordinance.\nCase: CPC-2026-1798-MSC\nEnvironmental: ENV-2026-1799-SE; ENV-2020-6762-EIR; ENV-\n2020-6762-EIR-ADD1; ENV-2020-6762-ADD2\nRelated Case No: CPC-2026-1797-CA\nRelated Council file Nos: 25-0002-S19; 21-1230-S10; 21-1230-\nS5\nFiscal Impact Statement: None submitted by the DCP nor the City\nAttorney. Neither the City Administrative Officer nor the Chief\nLegislative Analyst has completed a financial analysis of this report.