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 Adopt Environmental Assessment Review No. 2022-0083, Zoning Code Amendment No. 2022-0004, Specific Plan Amendment No. 2022-0006, Specific Plan Amendment No. 2022-0007, and Specific Plan Amendment No. 2022-0008, to implement the 2021-2029 (6th Cycle) General Plan Housing Element Residential Overlay Rezone Program
Body
BACKGROUND
On March 8, 2022, the City Council adopted the 2021-2029 (6th Cycle) General Plan Housing Element Update as required by the State of California. The HEU includes Housing Program 2B, “Rezone to provide adequate sites to accommodate the 2021-2029 Regional Housing Needs Assessment.” The proposed rezone program would establish a Residential Overlay that would offer property owners an additional option for land development. Existing underlying zoning and related property owner rights would remain unchanged.
On January 11, 2023, the Planning Commission conducted a public hearing, considered the Residential Overlay, and recommended approval to the City Council. The City Council conducted public hearings and considered the Residential Overlay on February 14 and February 28, 2023. At the meeting on February 14, 2023, the City Council directed staff to present and receive comments on the Residential Overlay from the Economic Development Committee (EDC). On March 8, 2023, staff presented the Residential Overlay to and received comments from the EDC.
On June 28, 2023, the Planning Commission is scheduled to review and consider reaffirmation of their recommendation that the City Council approve the Residential Overlay.
ANALYSIS/DISCUSSION
The process for the adoption of a Zoning Code Amendment and Specific Plan Amendments 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 A.
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.
GENERAL PLAN CONSISTENCY
The project is consistent with the following goals of the Housing Element and Economic Development Element of the Rialto General Plan:
Housing Element Goal #2: Promote and encourage housing development that adequately meets the needs of all socioeconomic segments of the community and region.
Economic Development Element 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 due to adoption of the Residential Overlay.
RECOMMENDATION
Staff recommends that the City Council Set a Public Hearing for July 25, 2023, to Consider and Adopt Environmental Assessment Review No. 2022-0083, Zoning Code Amendment No. 2022-0004, Specific Plan Amendment No. 2022-0006, Specific Plan Amendment No. 2022-0007, and Specific Plan Amendment No. 2022-0008, to implement the 2021-2029 (6th Cycle) General Plan Housing Element Residential Overlay Rezone Program