Planning commission recommends zoning changes to meet housing-element obligations, asks to seek alternate site for disputed church parcel

The 0.5 Moon Bay Planning Commission voted 4-1 on Aug. 5 to recommend zoning map and municipal-code changes intended to bring the city's housing element into statutory compliance and create by-right, ministerial approval pathways for qualifying affordable projects.

Staff said the housing-element changes will provide additional capacity toward the city's RHNA requirement of 480 units, including an added capacity of 272 units (143 very low-, 100 low- and 29 moderate-income units). "These amendments are required to bring our housing element into compliance," planner Leslie told the commission during a staff presentation. Consultant Asher Cohn (M Group) explained that proposed Chapter 18.44 would allow ministerial approval for projects that meet objective standards and include at least 20% lower-income units.

The vote followed extended public comment focused on one parcel in the inventory: the 300 block of Church Street, a site owned by a parish that has opposed inclusion. Dozens of residents and representatives urged the commission to remove the church site from the inventory; attorney Steve Wilson told the commission, "The church is not going to sell the land voluntarily." City Attorney Mary said listing a site in the housing element does not compel an owner to develop or signal eminent domain.

Vice Chair Hernandez moved to recommend adoption of the zoning changes with one added direction: that the city council and staff pursue a replacement site for the 300 block Church Street parcel within six months of HCD and Coastal Commission certification of the housing element. The motion also asked the council to include a statutory reference to the definition of "by-right" in the ordinance text. Commissioner Reddick seconded; the motion passed 4-1 (Rems opposed). "Motion approved," the chair announced after roll call.

Why it matters: Staff and the city attorney warned that failing to implement required rezonings and by-right provisions would keep the city out of compliance with state law, put the city at risk of fines and litigation, and limit access to major state grant programs. The commission's vote sends the proposed zoning changes to the city council with the additional instruction to pursue an alternative site for the church parcel and to make the statutory definition explicit in the code.