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 Adopt Resolution No. 8116 (Attachment A) Ratifying Adoption of the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002).
(ACTION)
Body
BACKGROUND
The California State Department of Housing and Community Development (HCD) requires that all California cities adopt and periodically submit an updated Housing Element as part of their General Plans for review and determination of compliance with State law. In 2021 and 2022, the City conducted a planning process resulting in a draft 2021-2029 (Sixth Cycle) Housing Element Update (Housing Element), which was reviewed by the Planning Commission at a regularly scheduled Public Hearing on February 9, 2022. Thereafter, on March 8, 2022, the City Council adopted the Housing Element and staff submitted it to HCD for their review for compliance with State law. HCD found it to not be compliant and, as a result, the City prepared revisions to the adopted Housing Element. The amended Housing Element was conditionally approved by HCD on February 28, 2023 and was adopted as amended by the City Council on the same day.
Following adoption, the City received a letter from Inland Counties Legal Services and the Public Interest Law Project claiming that the amended Housing Element should have gone back to the Planning Commission for their review and recommendation to the City Council. Out of an abundance of caution, the Planning Division returned the Planning Commission on May 31, 2023. The Planning Commission conducted a Public Hearing, considered testimony, and adopted a resolution recommending that the City Council ratify adoption of the Housing Element.
The Housing Element is available at:
<https://www.yourrialto.com/DocumentCenter/View/4018/City-of-Rialto-2021-2029-Sixth-Cycle-Housing-Element-Update>
ENVIRONMENTAL IMPACT
Pursuant to Section 15378 of the California Environmental Quality Act (CEQA), an Initial
Study/Mitigated Negative Declaration (Environmental Assessment Review No. 2021-0044) was prepared for the project. Based on the findings and recommended mitigations identified in the Initial Study/Mitigated Negative Declaration, staff determined that the project will not have an adverse impact on the environment with mitigations incorporated. All potential impacts identified in the Mitigated Negative Declaration, including biological resources, cultural resources, hazards and hazardous materials, and tribal cultural resources, will be reduced to a level of insignificance subject to the imposition of the recommended mitigations contained within the project’s Mitigation Monitoring and Reporting Program.
The Planning Division published a Notice of Intent to adopt the Mitigated Negative Declaration for the project in the San Bernardino Sun newspaper and distributed the same to project stakeholders. Staff also completed a Notice of Completion and distributed copies of the Initial Study/Mitigated Negative Declaration to the State Clearinghouse. A thirty (30) day public comment period for the Mitigated Negative Declaration began on January 7, 2022 and ended on February 7, 2022. One response letter was received from the Southern California Association of Governments (SCAG).
On March 8, 2022, City Council certified the Mitigated Negative Declaration. No further CEQA action is required.
GENERAL PLAN CONSISTENCY
The Housing Element and its implementation plan are a required component of the General Plan. This activity is consistent with Goal 6-2, which is to “promote and encourage housing development that adequately meets the needs of all socioeconomic segments of the community and region.”
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report
FINANCIAL IMPACT
The adoption of the Housing Element will not have a direct impact on the City’s General Fund.
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing to adopt Resolution No. 8116 (Attachment A) ratifying adoption of the City of Rialto 2021-2029 (Sixth Cycle) General Plan Housing Element Update (General Plan Amendment No. 2021-0002).