For City Council Meeting [June 27, 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 Set a Public Hearing for July 25, 2023, to Consider and Ratify Adoption of General Plan Amendment No. 2021-0002 for the 2021-2029 6th Cycle Housing Element Update
Body
BACKGROUND
All California cities are required to adopt and periodically update their Housing Elements as part of their General Plans and submit them to the California State Department of Housing and Community Development (HCD) for review and determination of compliance with State law.
The City initiated work on the 2021-2029 6th Cycle Housing Element General Plan Update (HEU) in March 2021 with the assistance of Kimley-Horn and Associates, Inc. (Kimley-Horn). During 2021 and early 2022, the City and KHA drafted a HEU for consideration by the Planning Commission. On February 9, 2022, the Planning Commission held a Public Hearing, considered the draft HEU, and recommended the City Council approve.
On March 8, 2022, the City Council approved the HEU and staff submitted the adopted HEU to HCD for their review and determination of the compliance with state Housing Law. HCD found the adopted draft to not be compliant. Therefore, with support of Kimley-Horn, the Planning Division prepared a revised draft of the adopted HEU.
On February 28, 2023, HCD conditionally approved the revised draft HEU and the City Council adopted the HEU on the same day.
On March 20, 2023, the City received a letter from Inland Counties Legal Services and the Public Interest Law Project challenging the City’s procedures. The authors asserted that the Planning Commission must hold a Public Hearing and make a recommendation to City Council on the revised draft HEU. Therefore, out of an abundance of caution, the Planning Commission held a Public Hearing on May 31, 2023, considered the revised draft HEU, and adopted a resolution (Attachment A) recommending the City Council ratify their February 28, 2023, action to adopt the HEU.
ANALYSIS/DISCUSSION
The process for the adoption of a General Plan Amendment requires local agencies to conduct a noticed public hearing to receive public testimony prior to adoption. The public hearing must be noticed at least ten (10) days prior to the public hearing. A copy of the public hearing notice is attached hereto as Attachment B.
ENVIRONMENTAL IMPACT
A Mitigated Negative Declaration (Environmental Assessment Review No. 2021-0044) was prepared for consideration in conjunction with the project. The City Council adopted the Mitigated Negative Declaration on March 8, 2022. No further action is necessary.
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
Operating Budget Impact
Adopting the Housing Element does not have a direct impact on the City’s General Fund. The City received an SB 2 Planning Grant award from HCD to fund the HEU.
Capital Improvement Budget Impact
There is no capital improvement budget impact.
Licensing
There is no business license required for the requested action.
RECOMMENDATION
Staff recommends that City Council set a Public Hearing for July 25, 2023, to Consider and Ratify Adoption of General Plan Amendment No. 2021-0002 for the 2021-2029 6th Cycle Housing Element Update.