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There are generally two types of development applications: applications that are <br />regulated under local law and state law because they contain a “subdivision map” per <br />the State Subdivision Map Act, and applications that are only regulated under local law <br />(Use Permit, Planned Community Permit, etc.). For projects that include a subdivision, <br />the Subdivision Map Act generally provides that the only policies that may be applied to <br />a subdivision are those in effect on the date that the application is found to be complete. <br />(Government Code Section 66474.2(a).) However, if the Council initiates proceedings to <br />adopt an inclusionary housing requirement (such as by motion) and then publishes <br />notice of the Council's action in a newspaper of general circulation, any such <br />requirement will apply to subdivisions found to be complete after the notice is published, <br />so long as the subdivisions are approved after the requirement is in effect. (Government <br />Code Section 66474.2(b).) Therefore, if the Council makes the motion associated with <br />this report and initiates proceedings to consider an inclusionary housing requirement, <br />incomplete and new map applications will be subject to any such future requirement. In <br />addition, in some cases, the City has the ability to apply the requirement to pending, <br />complete applications that are only regulated under local law (no map). <br /> <br />Staff expect that the Council will consider adoption of an inclusionary housing ordinance <br />in the first half of 2018. Consideration of this ordinance is consistent with previous <br />Council direction, including comments made on December 4, 2017 during consideration <br />of the El Camino Corridor Plan. <br /> <br />ALTERNATIVES <br />The Council may choose not to initiate proceedings on an inclusionary housing <br />ordinance. This alternative continues to allow Council to consider a future ordinance at <br />an unspecified time. <br /> <br />FISCAL IMPACT <br />This action provides notice that the City Council may consider an inclusionary housing <br />requirement. It does not commit the City to adopting the requirement, and no fiscal <br />impact is associated with this notice. <br /> <br />ENVIRONMENTAL REVIEW <br />This is not a project under CEQA. <br /> <br /> <br />DIANA O’DELL <br />PRINCIPAL PLANNER <br /> <br /> <br />8.A. - Page 2