For City Council Meeting July 25, 2023
TO: Honorable Mayor and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Colby Cataldi, Director of Community Development
Title
Request City Council to Conduct a Public Hearing to Consider and Adopt the Residential Overlay Program Pursuant to the 2021-2029 (Sixth Cycle) General Plan Housing Element Comprised of the following:
1. To adopt Resolution No. 8043 (Attachment B) approving an Addendum to the previously adopted Mitigated Negative Declaration for the 2021-2029 (6th Cycle) General Plan Housing Element Update (Environmental Assessment Review No. 2022-0083) for the proposed project.
2. To introduce for the First Reading, Ordinance No.1681 (Attachment C) that would approve Zoning Code Amendment No. 2022-0004 to amend the Rialto Municipal Code by adding Chapter 18.116 (Residential Overlay), modifying Section 18.22.020 (Permitted Uses), and adding Section 18.56.090 (Affordable Housing Projects).
3. To adopt Resolution No. 8045 (Attachment D) approving Specific Plan Amendment No. 2022-0007 to establish a residential overlay in the Central Area Specific Plan and to adopt the attached Resolution No. 8046 (Attachment E) approving Specific Plan Amendment No. 2022-0008 to establish a residential overlay in the Gateway Specific Plan.
4. To introduce for the First Reading, Ordinance No.1682 (Attachment F) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area D (Properties Located Near North Riverside Avenue and Easton Street)
5. To introduce for the First Reading, Ordinance No.1683 (Attachment G) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area E (Properties Located in the Foothill Boulevard Specific Plan) and to adopt the attached Resolution No. 8044 (Attachment H) approving Specific Plan Amendment No. 2022-0006 to establish a residential overlay in the Foothill Boulevard Specific Plan.
(ACTION)
Body
BACKGROUND
All California cities and counties are required to adopt and periodically update their Housing
Elements as part of each city’s General Plan. Pursuant to state law, Housing Elements must demonstrate sufficient land zoned for housing to accommodate the City’s Regional Housing Needs Assessment (RHNA) allocation. The process of adopting a Housing Element includes conducting a sites inventory. Rialto’s inventory revealed that the City does not have sufficient land zoned to accommodate the City’s 6th Cycle RHNA allocation. To comply with state requirements, the City is obligated to rezone properties to allow for residential use.
The City’s adopted Housing Element Update (HEU) includes Housing Program 2B, “Rezone to provide adequate sites to accommodate the 2021-2029 Regional Housing Needs Assessment (RHNA)”. The City’s approach to rezoning properties is a residential overlay program that would add residential as a permitted use to various designated locations throughout the City.
The adoption of the residential overlay program would provide the opportunity for property owners in the proposed residential overlay to either develop residential projects or the uses authorized in the existing underlying zone. It should also be noted that property owners would retain full discretion to use the residential overlay with no obligation to do so. All legally permitted, underlying commercial or other non-residential uses would remain, unless and until, the property owners choose to use the residential overlay zone.
At the City Council meeting on November 15, 2022, the Council authorized three Specific Plan Amendments to implement the overlay program to add residential as an allowed use in six opportunity areas.
On January 11, 2023, the Planning Commission adopted four resolutions recommending that the City Council adopt the overlay program. On February 14, 2023, the City Council received a presentation from staff, conducted a public hearing, and voted by a 5-0 vote to table the item.
ANALYSIS/DISCUSSION
The proposed overlay program would establish residential overlays in the Zoning Code, the Foothill Boulevard Specific Plan, the Gateway Specific Plan, and the Central Area Specific Plan.
The residential overlay program would accomplish the following, which are listed in order of the actions in the recommendation at the end of this staff report and shown in Attachment A.
• In Opportunity Areas 5 and 6, select properties in the vicinity of Baseline Avenue and Riverside Avenue totaling approximately sixty-six (66) acres, would be permitted residential development at a maximum density of fifty (50) dwelling units per acre.
• In Opportunity Area 3, select properties within the Gateway Specific Plan, totaling approximately twenty (20) acres, would be permitted residential development at a maximum density of fifty (50) dwelling units per acre.
• In Opportunity Area 4, select properties within the Central Area Specific Plan, totaling approximately fourteen (14) acres, would be permitted residential development at a maximum density of fifty (50) dwelling units per acre.
• In Opportunity Area 2 near North Riverside Avenue and Easton Street, select properties, totaling approximately seventeen (17) acres, would be permitted residential development at a maximum density of fifty (50) dwelling units per acre.
• In Opportunity Area 1, select properties in the Foothill Boulevard Specific Plan, totaling approximately 159 acres, would have an increase in maximum density from thirty (30) to thirty-five (35) dwelling units per acre.
The Zoning Code Amendment (ZCA) would adopt existing regulations by reference to the R-4 High Density Multiple Family Zone, outlined in Chapter 18.24 of the Rialto Municipal Code (RMC) with three exceptions. Those exceptions include maximum density, included in the description above, maximum building coverage which would increase from sixty (60) to seventy (70) percent of the lot area, and building height which would decrease from six stories or seventy-five feet to five stories or sixty feet. Parking regulations will be the same as existing R-4 High Density Multiple Family standards.
In compliance with State requirements, the adoption of the ZCA would also modify two sections of the RMC which include the following.
First, the action would modify RMC Section 18.22.020 Permitted Uses by adding a permitted use which would allow multiple family dwellings, consisting of any number of units, in which twenty (20) percent or more of the units are affordable to be constructed by-right.
Second, the action would modify RMC Section 18.22.030 Development Standards by increasing density for developments on non-vacant lots identified in a prior housing element with at least twenty (20) percent affordable units to lower income households to 1,452 square feet of net lot area per dwelling unit which is equivalent to thirty (30) dwelling units per acre.
ENVIRONMENTAL IMPACT
An Addendum to the previously adopted Mitigated Negative Declaration for the 2021-2029 (6th Cycle) General Plan Housing Element (MND Addendum) was prepared for the project in accordance with the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Rialto. Section 15164(a) of the State CEQA Guidelines states that “the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary…”
The purpose of the MND Addendum is to analyze any potential differences between the impacts identified in the Mitigated Negative Declaration for the 2021-2029 (6th Cycle) General Plan Housing Element (MND 6th Cycle Housing Element) and those that would be associated with the proposed Project. Pursuant to provisions of CEQA and State CEQA Guidelines, the City is the Lead Agency charged with the responsibility of deciding whether to approve the Project. As detailed in the MND Addendum, the proposed Project will not result in any new significant impacts that were not previously analyzed in the MND 6th Cycle Housing Element, nor would the proposed Project cause a substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with the proposed Project would either be the same or less than those described in the MND 6th Cycle Housing Element. In addition, there are no substantial changes to the circumstances under which the proposed Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the MND 6th Cycle Housing Element, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. The MND Addendum is attached to the agenda report (included as Exhibit “A” of Attachment B).
GENERAL PLAN CONSISTENCY
The project is consistent with the following goals of the Housing Element and Economic Development Element of the Rialto General Plan:
Goal 2: Promote and encourage housing development that adequately meets the needs of all socioeconomic segments of the community and region.
Goal 3-5: Assist in the preservation, improvement, and production of housing stock available to lower- and moderate-income residents
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report
FINANCIAL IMPACT
There is no financial impact.
RECOMMENDATION
Staff recommends that the City Council:
1.To adopt Resolution No. 8043 (Attachment B) approving an Addendum to the previously adopted Mitigated Negative Declaration for the 2021-2029 (6th Cycle) General Plan Housing Element Update (Environmental Assessment Review No. 2022-0083) for the proposed project.
2.To introduce for the First Reading, Ordinance No.1681 (Attachment C) that would approve Zoning Code Amendment No. 2022-0004 to amend the Rialto Municipal Code by adding Chapter 18.116 (Residential Overlay), modifying Section 18.22.020 (Permitted Uses), and adding Section 18.56.090 (Affordable Housing Projects).
3.To adopt Resolution No. 8045 (Attachment D) approving Specific Plan Amendment No. 2022-0007 to establish a residential overlay in the Central Area 4.Specific Plan and to adopt the attached Resolution No. 8046 (Attachment E) approving Specific Plan Amendment No. 2022-0008 to establish a residential overlay in the Gateway Specific Plan.
5.To introduce for the First Reading, Ordinance No.1682 (Attachment F) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area D (Properties Located Near North Riverside Avenue and Easton Street)
6.To introduce for the First Reading, Ordinance No.1683 (Attachment G) that would approve Zoning Code Amendment No. 2022-0004 to amend Section 18.116.020 (Application) of Title 18 (Zoning) of the Rialto Municipal Code to add a zoning map for Area E (Properties Located in the Foothill Boulevard Specific Plan) and to adopt the attached (Resolution No. 8044 (Attachment H) approving Specific Plan Amendment No. 2022-0006 to establish a residential overlay in the Foothill Boulevard Specific Plan.