Broadway Project

2022070087

City of Vallejo

NOE - Notice of Exemption

7/7/2022

7/7/2022

Christina Ratcliffe

City of Vallejo

Planning and Development Services Director

Lead/Public Agency

555 Santa Clara Street
Vallejo, CA 94590

(707) 648-4382

christina.ratcliffe@cityofvallejo.net

Broadway Street, near Mini Drive

94589

1

0067-140-150

Categorical Exemption

Class 32, 15332

The Project is statutorily exempt from CEQA pursuant to Public Resources Code section 21159.24, “Infill Housing Exemption.” 10 A. The project is a residential project on an infill site. The Project consists of the construction of residential dwelling units. The Project site has not previously been developed for urban uses and is immediately adjacent to parcels developed with qualified urban uses as set forth above, which qualifies it as an infill site pursuant to Public Resources Code, Section 21061.3. B. The project is located within an urbanized area. The Project is located within an urbanized area as it is located in an incorporated city with a population of at approximately 124,886 per the 2020 U.S. Census. D. The project satisfies the criteria of Section 21159.21. The Project satisfies those criteria. Please refer to Section 2 of this Resolution, above. E. Within five years of the date that the application for the project is deemed complete pursuant to Section 65943 of the Government Code, community-level environmental review was certified or adopted. The Project application is deemed complete pursuant to the Section 65943 of the Government Code (the “Permit Streamlining Act”) within five years of the adoption by the City Council of the Vallejo General Plan and its associated Environmental Impact Report. F. The site of the project is not more than four acres in total area. The Project site is 0.53 acres in total area. G. The project does not contain more than 100 residential units. The Proposed Project contains exactly 48 residential units. H. Either of the following criteria are met: (1) (i) At least 10 percent of the housing is sold to families of moderate income, or not less than 10 percent of the housing is rented to families of low income, or not less than 5 percent of the housing is rented to families of very low income. 47 of the 48 housing units, or 98 percent, will be rented to families of very low income. (ii) The project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the 11 housing units for very low, low-, and moderate-income households at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. Paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code provides in relevant part, as follows: “Housing for very low, low-, or moderate-income households” means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. The covenant approved by the City Council on even date herewith includes a 55-year affordability covenant against the Project parcel to ensure that 47 of the housing units will be available for rent to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with permitted adjustments. (2) The project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required. This is not applicable because the Project has satisfied the criterion in (1), above. I. The project is within one-half mile of a major transit stop. The Project is located within one-half mile of an intersection of two Sol Trans bus routes (Routes 1 and 2) with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. J. The project does not include any single level building that exceeds 100,000 square feet. No single level building exceeds 100,000 square feet. The five separate Project buildings together measure 15,394 square feet. K. The project promotes higher density infill housing. A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. 12 The Project is conclusively presumed to promote higher density infill housing because it proposes 48 units on 0.53 acres, which exceeds 20 dwelling units per acre.

Statutory Exemption

PRC 21156.23 & 21159.24; H&S 50675.1.4; CEQA Guidelines Sections 15194 & 15195

The Project is statutorily exempt from CEQA under Health and Safety Code Section 50675.1.4: 8 A. The Project is being funded by Project Homekey Round 2 pursuant to Section 50675.1.3 and all of the following requirements, if applicable, are satisfied: (1) No units were acquired by eminent domain. The Project consists of the construction of new residential dwelling units on an undeveloped vacant parcel. The project applicant Firm Foundation has entered into a voluntary purchase and sale agreement with Richard and Emily Fisher for the purchase of the Project Site. No public agency has used or threated the use of the power of eminent domain related to the Project Site. (2) The units will be in decent, safe, and sanitary condition at the time of their occupancy. The newly created units will be decent, safe and in sanitary condition at the time of occupancy. The City of Vallejo Building Division will certify this prior to issuing a Certificate of Occupancy. (3) The project proponent shall require all contractors and subcontractors performing work on the project to pay prevailing wages for any proposed rehabilitation, construction, or major alterations in accordance with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. The Standard Agreement relating to funding for the Project, entered into between the HCD, the City, Firm Foundation and Shelter Inc. includes provisions ensuring that all contractors and subcontractors performing work on the Project will pay prevailing wages in accordance with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (4) The project proponent obtains an enforceable commitment that all contractors and subcontractors performing work on the Project will use a skilled and trained workforce for any proposed rehabilitation, construction, or major alterations in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. The Standard Agreement relating to funding for the Project, entered into between the HCD, the City, Firm Foundation and Shelter Inc. includes provisions ensuring that all contractors and subcontractors performing work on the Project will pay prevailing wages in accordance with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (5) The project proponent submits to the lead agency a letter of support from a county, city, or other local public entity for any proposed rehabilitation, construction, or major alteration work. The City of Vallejo as co-applicant submitted a letter of support dated January 26, 2022. (6) Any acquisition is paid for, in whole or part, with public funds. The acquisition of the Project site is to be paid for with Project Homekey Round 2 grant funds and City of Vallejo ARPA Allocation funds, both of which are public funds. (7) The project provides housing units for individuals and families who are experiencing homelessness or who are at risk of homelessness. The Project will provide permanent housing units to individuals and families who are chronically homeless. The covenant approved by the City on even date herewith includes this requirement and will be recorded against the Project Site. (8) Long-term covenants and restrictions require the units to be restricted to persons experiencing homelessness or who are at risk of homelessness, which may include lower income and very low income households, as defined by Section 50079.5, for no fewer than 55 years. The Covenant approved by the City on even date herewith, will ensure that a 55-year covenant is recorded in first position against the Project restricting the use, operation, occupancy, and affordability of the Project to lower income households as defined by Section 50079.5 of the Health and Safety Code. (9) The project does not result in an increase in the existing onsite development footprint of structure, structures, or improvements by more than 10 percent. This requirement is not applicable. As authorized by Health and Safety Code section 50675.1.3(a)(4), the Project consists of the new construction of residential dwelling units and uses Program funds. (10) If the lead agency determines that a project is not subject to CEQA pursuant to this section, and the lead agency determines to approve or to carry out that project, the lead agency shall file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152 of the Public Resources Code. The City, as lead agency, will file a notice of exemption with the Office of Planning and Research and the County Clerk of the County of Solano.

Ministerial

Sec. 21080(b)(1); 15268

The Project is statutorily exempt from CEQA pursuant to Public Resources Code section 21080 and CEQA Guidelines section 15268 “Ministerial Projects.” Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. The CEQA Guidelines further provide, “Where the law requires a governmental agency to act on a project in a set way without allowing the agency to use its own judgment, the project is called ‘ministerial,’ and CEQA does not apply.” CEQA Guidelines section 15002(i)(1). Projects funded by Homekey Round 2 are “deemed consistent and in conformity with any applicable local plan, standard, or requirement, and […] allowed as a permitted use within the zone in which [it] is located, and shall not be subject to a conditional use permit, discretionary permit, or any other discretionary reviews or approvals.” Health and Safety Code, Section 50675.1.3(i). Accordingly, based on the provisions of AB 140 that enacted project streamlining for projects funded by Homekey Round 2, the Project is a ministerial project exempt from CEQA.