HomeMy WebLinkAbout25-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director Subject: Resolution adopting the Housing
Element.
Dept: Development Serviceh RIG 1 N A L
u MCC Mtg. of July 7, 2003
Date: June 12,2003
Synopsis of Previous Council Action:
Recommended Motion: That the hearing be closed and that said resolution be adopted.
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Contact person:
V::.lp.Tlf': r Rno;;:o;;:
Phone: 15<4 ,0,7
Supporting data attached: Staff report. resolution
Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Finance:
Council Notes:
"12 ES-.n oP UD3" I '!)c)
Agenda Item No.
-4f:JS-
7- 7- 03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution adopting the updated Housing Element to the General Plan
Mayor and Common Council Meeting of July 7, 2003
BACKGROUND
The current Housing Element was adopted in 1989 as part of the General Plan Revision
Program. The Government Code requires jurisdictions to update housing elements every
five years. However, state legislation extended the time frame until the end of 2001. As
noted below, the City has been working with the State for more than two years on the
update to the Housing Element.
The Southern California Association of Governments (SCAG) is responsible for
developing the Regional Housing Needs Assessment (RHNA) in cooperation with the
State Department of Housing and Community Development (HCD), and allocating fair
share distributions to all jurisdictions within its region.
The RHNA is a 5-year plan for the production of housing units, and is intended to form
the basis for a jurisdiction's housing element. In addition to the RHNA, the Government
Code outlines, in detail, the contents of housing elements. The City must determine if
there is adequate land available at various densities to accommodate the production of
units identified in the RHNA, and have programs in place or develop programs to
implement those goals. The housing element must be reviewed by HCD, prior to
adoption by the City. Comments from HCD must be addressed, potentially requiring
revisions to the housing element. Successful preparation of the housing element means
that HCD will certify that the housing element meets the intent of State law. The housing
element forms the basis of the Consolidated Plan prepared by the City's Economic
Development Agency.
The following is a brief chronology of the Housing Element preparation and adoption
process:
. January 2000 - The City appealed the RHNA as established by SCAG.
. April 2000 - The Mayor and Common Council adopted a resolution objecting to
SCAG's RHNA allocation for the City. SANBAG adopted a resolution objecting to
the RHNA process.
. August 2000 - The RHNA appeals public hearings were held. SCAG staff
recommended that the City's appeal be accepted in full, resulting in a reduction of
3,782 units.
. November 2001 - The Planning Commission reviewed the draft Housing Element
and recommended adoption by the Mayor and Common Council. The Housing
Element was sent to the Department of Housing and Community Development for
revIew.
. January 2002-. HCD notified the City that the draft Housing Element needed
revisions.
. November 2002 - HCD notified the City that the draft Housing Element needed
statistical infomlation and additional explanation of the City's housing programs.
. March 2003 - HCD notified the City that the draft Housing Element adequately
addressed the statutory requirements of the Government Code.
. April- May 2003 - public review of the Initial Study and proposed Negative
Declaration.
As a result of State requirements, much of the Housing Element is background
information and a discussion of housing needs in the City. As identified in Chapter III,
the City has ample areas designated to accommodate the RHNA. However, the focus of
the City's existing programs contained in the Housing Element remains maintenance and
preservation of existing neighborhoods as opposed to the development of new, affordable
units. Chapter V includes eight priorities developed by the Economic Development
Agency and Planning Division. The goals, objectives, and policies relate back to these
eight priorities.
Chapter V also includes the Housing Programs. Forty-three different programs are listed
along with the department/division with primary implementation responsibility, the time
frame for completion, and the funding source. Many of the programs are ongoing and
funded through the General Fund. Others rely on various funding programs administered
by the Economic Development Agency. No additional housing programs or changes in
land use designations were required to satisfy the City's RHNA determination.
The Planning Commission unanimously recommended adoption of the Housing Element.
Commissioners Derry, Durr, Enciso, Lockett, Ramirez, Sauerbrun, and Thrasher voted in
favor. Staff subsequently made changes, primarily adding and updating statistical data, to
reflect the comments from HCD. Although numerous, the changes were not substantive,
and did not modify the policy issues or programs discussed by the Planning Commission.
Thus, staff believes the Planning Commission does not need to re-review.
After receiving the acceptance letter from HCD, staff prepared an Initial Study to
evaluate impacts related to adoption of the Housing Element. Based on the Initial Study,
the Development/Environmental Review Committee determined that there would be no
negative impacts, and recommended adoption of a Negative Declaration. Staff deferred
preparation of the Initial Study until after review by the State to ensure that there were no
substantive changes that might have resulted in impacts on the environment.
FINANCIAL IMPACT
There is no financial impact to the City associated with adoption of the Housing Element.
There are unknown costs associated with implementation of the Housing Element.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing and
adopt the resolution, which adopts the Negative Declaration and adopts the Housing
Element.
Exhibits:
I Housing Element - distributed under separate cover
2 Planning Commission Staff Report
3 January 16, 2002 Letter from Housing and Community Development
4 November 7, 2002 Letter from Housing and Community Development
5 March 18, 2003 Letter from Housing and Community Development
6 Initial Study
7 Resolution
EXHIBIT 1
HOUSING ELEMENT
To be distributed under separate cover.
EXHIBIT 2
SUMMARY
CITY OF SAl'i BER."'ARDINO PLAI'Ol'iI;'iG DIYlSIO:\
CASE:
HEARI~G DATE:
AGEI'ODA ITEM:
WARD:
General Plan Amendment ;\0. 01-05 - Housmg Element L"pdate
November 20. 2001
3
Citywide
APPLlCA;'iT:
City of San Bernardino
300 N. "D" Street
San Bernardino. CA 92418
REQliESTfLOCA nON: Revisions to the Housing Element of the City's General Plan to
reflect state law requirements. The Housing Element contains goals, policies. and quantified
objectives addressing the provision of housing opportunities on a Citywide basis.
CONSTRAINTS/OVERLA YS:
o Not Applicable
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Exempt, Section
o No Significant Effects
o Potential Effects, Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program
ST AFF RECOMMENDATION:
o Approval
o Conditions
o Denial
o Continuance to:
PROJECT DESCRIPTlOl'i A:-';D LOCATIO:';
Rev-islOns to the Housin~ Element IS a Cltv-initlated amendment to the General Plan to reflect
state law requirements_ The housing element contams goals. policies. and quantified objectives
addressing the proviSion of housing opponunities on a Citywide basis_
BACKGROl''\'D
The current Housing Element was adopted in ] 989 as pan of the General Plan RevIsion Program_
The California Gov-ernment Code requires jurisdictions to update their housmg elements ev'ery five
years. consistent with a schedule based upon location. State legislation has extended the time frame
until the end of2001.
Section 65583 of the Government Code outlines the required components of a Housing Element.
Those prov'isions are summarized in Anachment B. Housing Element Review Worksheet.
REGIONAL HOL'SING NEEDS ASSESSME'\'T
Section 65584 of the Government Code addresses the Regional Housing Needs Assessment
(RHNA). The RHNA is a 5-year plan for the production of housing units, and forms the basis ofthe
City's housing element. The City must determine if there is adequate land available at various
densities to accommodate the production of units identified in the RHNA, and develop programs to
make possible those goals. The housing element will be reviewed by the State Department of
Housing and Community Development (HCD. Successful preparation of the housing element
means that HCD will find that the housing element substantially complies with the requirements of
State law.
The City's Regional Housing Needs Assessment is as follows:
Income
! 5-Year
I
! RHNA
1,148
676
734
! I JJ3
I ,--
! 3,782
. RHNA
1%
130%
118%
: 19%
! 32%)
! Very Low
! Low
I Moderate
I Above Moderate
Not including the RHNA means that the City is likely to found out of compliance with State law
requirements which leads to the risk of a lawsuit on the grounds that the General Plan, and
specifically the housing element are inadequate. It also means that the City could forfeit cenain
State housing funds. The housing element, in turn, forms the basis of the Consolidated Plan
prepared by the Economic Development Agency.
In January 2000, the City appealed the RHNA as established by SCAG. The City's appeal was
on the basis that the RHNA vacancy rate was too low, the housing unit loss was too low, and the
household growth was too high. The RHNA does not take into account any local variables. For
example. the City of San Bernardino had one of the highest rates of vacant umts and HlD
foreclosures 111 the lnited States. In 1997 alone. there were more than 1.000 HlTI units
available. This did not include foreclosures through financial 1I1stitutions. Although the
foreclosure rate has substantially decreased. the City has not fully recovered from the recession
of the 1990s.
Planning and EDA staff believe that the City of San Bernardino already has more than its fair
share of affordable housing and that the City is being allocated a disproportionate share. In fact.
the Inland Empire has more than its faIr share and the surrounding jurisdictions share that belief.
Throughout the SCAG region. jurisdictions that already provide large amounts of affordable
housing have been assigned disproportionately high numbers once again. Staff still believes that
the onginal purpose of the RHNA is being circumvented. The intent of the RHKA process is to
provide affordable housing in areas where it is actually needed. not in areas that are already
impacted and have affordable housing.
The City of San Bernardino. in conjunction with other Inland Empire jurisdictions. challenged the
equity of the RHNA allocations and process. Throughout the remaineder of2000, there were
numerous meetings with SCAG and HCD regarding the RHNA numbers. Ultimately. the City's
appeal was accepted in full, resulting in a reduction of 3, 782 units, or the full amount of the RHNA.
However. HCD did not accept SCAG's determination, and re-instated the City's RHNA allocation
of 3.782 housing units.
ENVIRONMENTAL DETERMINATION AND PUBLIC REVIEW
_.
An Initial Study is being prepared to address potentIal impacts resulting from adoption of the
revised housing element. It is anticipated that a Negative Declaration will be proposed for
adoption by the Mayor and Common Council.
GENERAL PLAN AMENDMENT FINDINGS
I. Is the proposed amendment internally consistent with the General Plan~
Yes, the proposed amendment is internally consistent with the other General Plan
elements. The proposed housing programs were developed to help the City to meet goals,
objectives, and policies related to the land use, historical, transportation/circulation,
public safety, economic development. utilities. public facilities and services, parks and
recreation, natural resources. energy and water. geologic and seismic. hazardous
materials. noise. wind and fire, and flooding elements of the General Plan. as well as
housing goals.
Currently, the City is undergoing an update of the other General Plan elements. Through
this update program, the City will ensure that proposed changes are consistent with the
revised housing element.
2. Would the proposed amendment be detrimental to the public interest, health, safety,
convenience, or welfare of the City?
The proposed amendment will not be detrimental to the public interest, health. safety.
convenience, or welfare of the City. Many of the proposed housing programs are focused
on rehabilitation of existing housing stock and neighborhood preservation.
Implementation of these programs will be beneficial to the overall well being of the City
3. Would the proposed amendment maintain the appropriate balance ofland uses with in the
City0
Yes. the proposed amendment maintains an appropriate balance ofland uses within the
Cny. No changes to land use designations are proposed in conjunction with adoption of
the housing element. As discussed in the housing element, the City has adequate land
designated for residential uses to accommodate the numbers included in the Regional
Housing Needs Assessment.
CONCLUSION
The revisions to the housing element are consistent with state law requirements and internally
consistent with the other elements in the City's General Plan.
RECOMMENDA nON
Staff recommends the Planning Commission recommend that the Mayor and Common Council
adopt a Negative Declaration and approve General Plan Amendment No. 01-05.
Respectfully Submitted,
James Funk
Director of Development Services
~u.l&u-
Valerie Ross
City Planner
Attachments
A Draft Housing Element
B Housing Element Review Worksheet
o.:PARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
JivLion af Housing Policy Development
gOO Tturd Street.. Slil~ 430
'. Q. Box 952053
;&Cl'2mento. CA 94252.2053
,'w'" Iicdul.i'{J~'
916) r <, FAX: (916) 327-2643
EXHIBIT 3
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January 16,2002
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Mr. James Funk, Director
Development Services Department
City of San Bernardino
300 North D Street, Third Floor
San Bernardino, California 92418
Dear Mr. Funk:
RE: Review of the City of San Bernardino's Oraft Housing Eiement
Thank you for submitting San Bernardino's draft housing element, received for our review on
November 21, 2001. As you know, the Department of Housing and Cornmunity Development (RCD)
is required to review draft housing elements and report our findings to the locality pursuant to
Government Code Section 65585(b).
. telephone conversation with Ms. Valerie Ross on January 2, 2002, assisted our review. This letter
, Appendix summarize that telephone conversation.
The current draft element provides a good foundation for developing a housing element that complies
with State housing element law (Article 10.6 of the Government Code) and addresses local housing
needs. However, some revisions will be necessary to comply with State housing element law. In
particular, the element should be revised to include further analysis of governmental constraints and a
description of the amount and uses of moneys in the Redevelopment Agency's Low- and Moderate-
Income Housing Fund. We look forward to reviewing the revisions in the near future.
We hope our cornments are helpful to the City. We appreciate the courtesy and assistance of
Ms. Ross during the course of our review. We would be willing to meet in San Bernardino or
otherwise provide additional assistance to aid the City in revising its housing element. If you have
any questions, please contact Paul Me Dougall, of our staff, at (916) 322-7995.
In accordance with their requests pursuant to the Public Records Act, we are forwarding a copy of this
letter to the individuals listed below.
Sincerely,
,f}!7~,~~"d/
Deputy Director
Enclosures
Mr. James Funk, Director
. Page 2
I
Valerie Ross, City Planner, City of San Bernardino
Mark Stivers, Senate Committee on Housing & Community Development
Catherine Ysrael, Supervising Deputy Attorney General, AG's Office
Terry Roberts, Governor's Office of Planning and Research
Kimberley Dellinger, California Building Industry Association
Marcia Salkin, California Association of Realtors
Marc Brown, California Rural Legal Assistance Foundation
Rob Weiner, California Coalition for Rural Housing
John Douglas, AICP, Civic Solutions
Dara Schur, Western Center on Law and Poverty
Alexander Abbe, Law Firm of Richards, Watson & Gershon
Ruben Duran, Law Firm ofNeufield, Jaffe & Levin
Wendy Anderson, Legal Services of Northern California
Lisa Noling, Legal Services of Northern California
Brian Augusta, Legal Services of Northern California
Larry Stenzel, Resources for Independent Living
Jose Rodriguez, California Rural Assistance
Karen Warner, Cotton, Bridges & Associates
David Booher, California Housing Council
Jonathan Lehrer-Graiwer, Attorney at Law
Ana Maria Whitaker, California State University, Pomona
Joe Carreras, South California Association of Governrnents
Karen Chen, California Association of Realtors
Marguerite Battersby, Brunick & Pyle
Minh Tran, Inland Counties Legal Services
James A. Ragsdale, AICP
APPENDIX
City of San Bernardino
The following changes would bring San Bernardino's housing element into compliance with Article
) of the Government Code. Accompanying each recommended change we cite the supporting
___tion of the Government Code.
A. Housinl! Needs. Resources and Constraints
1. Include an inventory of land suitable for residential development, including vacant sites and
sites having the potential for redevelopment, and an analysis of the relationship of zoning
and public facilities and services to these sites (Section 65583(a)(3)).
. The element includes a chart (Table 33) that identifies a significant amount of vacant
land with the combination of single-family vacant land (4,911 acres), multifamily
residential (918 acres) and commercial residential (761 acres). However, the element
should also provide an analysis of these vacant lands that includes a description of their
general character &"1.d size, number cf parcels, genera! !oc!liiO!! (especially in relation to
existing services and facilities), the suitability of the land to accommodate maximum
densities, and realistic development capacity. This additional information is needed to
demonstrate the adequacy of these sites to accommodate the City's share of the regional
housing need. For example, the element acknowledges (page 34) that it is not known
how many acres are impacted by environmental or infrastructure constraints (estimated
to be less than 7 percent). In addition, the element acknowledges infrastructure
limitations will affect the timing and location of development. Therefore, a more
thorough description of the sites to demonstrate their adequacy to accommodate the
City's share of the regional housing need for lower-income households considering site
specific constraints or conditions is needed.
. The element states (page 40) that the extension of water facilities for new housing
tracts will be necessary. The element should include an analysis ofthe availability of
essential public facilities and services to the sites identified in the City's vacant land
summary (Table 33). This analysis should also identify where facilities and services
are generally lacking and identify strategies to more efficiently and effectively
encourage the maximization of land resources and contiguous development patterns.
identifying opportunities where facilities exist or could be extended to reduce the need
to expand infrastructure outside currently served areas.
The element should clearly state whether the City's existing wastewater treatment
facility could accommodate housing needs in the planning period and also clarify the
anticipated completion of the treatment facility expansion.
. The element should discuss the impact of allowing single-family uses in multifamily
districts.
2. Analyze potential and actual governmental constraints upon the maintenance, improvement,
and development of housing for all income levels, including land use controls and local
processing and permit procedures. The analysis shall also demonstrate local efforts to
remove governmental constraints (Section 65583(a)(4)).
Processing and Permit Procedures -- The element should include an analysis of the City's
design review process and its impact upon housing affordability. This analysis should
include a description of San Bernardino's design review standards, approval process and
indicate whether objective standards and clear guidelines exist to allow an applicant for a
residential development permit to determine what is required.
The element should discuss and analyze the impact of requiring a quazi-conditional use
permit to develop multifamily projects in categories allowing multifamily development on
the cost and supply of housing. The element should also discuss and analyze permitting
procedures for residential uses in the City's residential-commercial zones.
3. Analyze existing assisted housing developments that are eligible to change to non-Iow-
income housing uses during the next 10 years due to termination of subsidy contracts,
mortgage prepayment, or expiration of use restrictions under federal, state and local
programs. An analysis shall estimate the total cost of producing new rental housing that is
comparable in size and rent levels, to replace the units that could change from low-income
use, and an estimated cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for each five-year period and
does not have to contain a project cost estimate (Section 65583(a)(8)(B)). The analysis
shall identify public and private non-profit corporations known to the local government
which have legal and managerial capacity to acquire and manage these housing
developments (Section 65583(a)(8)).
. Although the element includes an inventory of federally subsidized multifamily housing
in San Bernardino, the element should also include an analysis of multifamily
developments assisted with State and local programs, such as Low Income Housing Tax
Credits (LillTC), Community Development Block Grants (CDBG), redevelopment
funds, bonds, density bonus or other housing funds. We have enclosed a copy of the
Department's publication, Housing Element Questions and Answers (HE Q&As), to
facilitate your revisions. We will be glad to assist the City in conducting a complete
analysis of at-risk housing.
B. Ouantified Objectives
Quantified objectives shall establish the maximum number of housing units by income category
that can be constructed, rehabilitated, and conserved over a five-year time frame
(Section 65583(b)(2)).
Although the element provides a detailed description of quantified objectives by income
category, Table 41 (pg. 59) should specifically display rehabilitation and preservation objectives
separately.
C. Housinl! Prol!rams
1. Describe the amount and uses of moneys in the redevelopment agency's Low- and Moderate
Income Housing Fund (L&M Fund (Section 65583c)).
The element should include an estimate of the moneys expected to accrue to the L&M Fund
through the end of the planning period. This is important since a significant amount of the
City's housing programs for the current planning period appear to be dependent on the use
of the L&M funds. For your information, Community Redevelopment Law (Health and
Safety Code Section 33413(b)(4)) requires a redevelopment implementation plan to be
consistent with a community's housing element. In addition, the integration of the City's
current redevelopment plan into the housing element could assist in the development of an
effective housing element.
2. Include a program which sets forth a schedule of actions the local government is
undertal.:ing or intends to undertake to implement the policies and achieve the goals and
objectives of the housing element (Section 65583(c)).
Program actions should be expanded to more specifically indicate the City's role in
implementation and where appropriate an estimate of objectives in the planning period to
ensure compliance with Section 65583(c)(1-6)).
. Program 4 (Infill Housing Program) - The program should contain a more detailed
statement of how the City intends to joint venture with local developers and lending
institutions and could also contain a numerical objective in order to measure the
program's effectiveness.
. Program 7 (Provision for Special Needs Housing) - Although senior housing needs are
identified as a high priority for the City, other special housing needs, such as disabled
persons, large families, families with female heads, and farmworkers, could also be
addressed in this program. Also, besides permitting the development of such projects,
the element could describe what affirmatively or specifically will the City do to
encourage and facilitate such developments.
. Programs 12-14 (Rehabilitation Programs) - Including numerical objectives for the
planning period would facilitate monitoring and tracking progress.
. Program 27 (Homebuver Education and Maintenance Program) - Discuss how and when
the City intends to support non-profit organizations provide these seIVices.
. program 30 (Emergencv Shelter Grants) - Discuss the City's role in implementing this
program.
. Program 31 (Transitional Housing) - Revise with numerical objectives for the planning
period and discuss the City's role in the program.
. Program 34 (San Bernardino Countv Homeless Coalition) - Describe the City's role in
this program.
. program 37 (Supportive Housing for the Elderlv Program) -- Describe the anticipated
applicants, the City's role in the application and when an application will be completed.
In the priorities section (Page 51) of the housing program, the element discusses the City's
most important needs, including lower-income households, increasing homeownership rates,
very low-income renters, elderly housing, overcrowding, rehabilitation and homelessness.
In order to more directly address overcrowding in your programs as a priority, the City may
want to consider expanding Program 14 (Acquisition Rehabilitation Resale), Program 16
(Redevelopment Agency Housing Activities) or other appropriate programs with targeting
strategies for overcrowded households.
3. Identify adequate sites which will be made available through appropriate zonzng and
development standards and with public services and facilities needed to facilitate and
encourage the development of a variety of types of housing for all income levels, including
rental housing, housing for agricultural employees, emergency shelters and transitional
housing. Where the inventory of sites. pursuant to paragraph (3) of subdivision (a), does
not identify adequate sites to accommodate the need for groups of all household income
levels, the program shall provide for sufficient sites with zoning that permits owner-
occupied and rental multifamily residential use by right. including density and development
standards that could accommodate and facilitate the feasibility of housing for very low- and
low-income households (Section 65583(c)(l)).
As noted in comment Al above, further analysis of the feasibility of sites described in the
element is needed. The adequacy of sites cannot be established prior to a more detailed
analysis.
Emergencv Shelters and Transitional Housing - The element includes a description of the
homeless needs, existiJ'.e-. facilities, identifies zones where emergency shelters and
transitional housing are permitted as a conditional use. In addition, the element should
specifically describe how the City's permitting process and standards encourage and
facilitate the development of, or conversion to, emergency shelters and/or transitional
housing.
Farmworker Housing - The element should identify adequate sites for farmworkers, where
housing suitable for farmworkers is allowed and specifically describe how the City's
entitlement process, including development standards, encourages and facilitates the
development of farmworker housing.
4. The housing element shall contain programs which "address, and where appropriate and
legally possible, remove governmental constraints to the maintenance, improvement, and
development of housing" (Section 65583(c)(3)).
As noted above (A3), San Bernardino's element requires a more thorough analysis of
potential governmental constraints. Depending upon the results of that analysis, the City
may need to add programs to remove or mitigate any identified constraints. Please see HE
Q&As to facilitate your revision.
5. The housing program shall preserve for low-income household the as5i~tp.d housing
developments identified pursuant to paragraph (8) of subdivision (a). The program for
preservation of the assisted housing developments shall utilize, to the extent necessary. all
available federal, state. and local financing and subsidy programs identified in paragraph
(8) of subdivision (a), except where a community has other urgent needs for which
alternative funding sources are not available. The program may include strategies that
involve local regulation and technical assistance (Section 65583 (c)(6)).
. As noted above (A4), further analysis of at-risk units described in the element is needed
and consequently, the adequacy of the at-risk program (program 19 - Preservation of
Assisted Multifamily Rental Housing) cannot be completely established prior to a more
detailed analysis. However, the element states (Page 28) that ten out of fifteen assisted
multifamily complexes recently experienced expired affordability terms. As a result,
Program 19 should be revised with strong commitment to assist with the preservation of
at-risk housing requirement.
We will be glad to assist the City in developing a strong programmatic commitment to
at-risk housing.
Public Particioation
Describe how the City has made and will make a diligent effort to achieve the public
participation of all economic segments of the community in the development of the element
(Section 65583 (c)).
The element states that the community of San Bernardino has the opportunity to comment on
the housing element through the public hearing process and we are aware that the City has
made efforts to attract the community to these hearings through neighborhood organizations,
the newspaper and flyers. However, the housing element should describe its efforts to include
the community in the development of the element, including any bilingual efforts and should
circulate the housing element among lower-income organizations, non-profit service providers
and individuals and involve such groups and persons in the development of the element.
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. DEPA'RTMENT OF HOUSING AND COMMUNITY DEVELOPI\lEl\T
Division of Housing Policy Development
1800 ThIrd $Lreel. Suile .130
POBox 95::'053
" "TlCntO, CA 9~::'5::'-::'051
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~3.3176 FAX \91013::'7-::.bJ3
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EXHIBIT 4
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November 7. 2002
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Mr. James Funk, Director
Development Services Department
City of San Bernardino
300 North 'D' Street, Third Floor
San Bernardino, California 92418
CITY OF SAN BEIINARDIND
DEVELOPM~NT SERVICES
DEPARTMENT
Dear Mr. Funk:
RE: Review of the City of San Bernardino's Revised Draft Housing Element
Thank you for submitting San Bernardino's revised draft housing element, received for our review
on September 13, 2002. As you know, the Department of Housing and Community Development
(Department) is required to review draft housing elements and report our findings to the locality
pursuant to Government Code Section 65585(b).
The City has made significant progress toward compliance with State housing element law and the
revised element addresses most of the statutory requirements described in the Department's
January 16,2002 review. For example, the element now includes additional clarification on the land
inventory and housing program. The City's progress represents diligence and commitment to
develop a meaningful housing and land-use plan for San Bernardino. However, the following
revisions will be needed to bring the element into compliance with State housing element law
(Article 10.6 of the Government Code):
I. Include an inventory of land suitable for residential development. including vacant and an
analysis of the relationship of zoning and public facilities and services to these sites
(Section 65583(a)(3)).
The element has made progress In the analysis of land suitable for residential development,
including information on the number of parcels; however, further analysis on t.he size of sites
should be included in the element to determine the adequacy of sites. Specifically, the element
should include a complete discussion on whether the parcel sizes are sufficient to facilitate
development of housing for lower-income households. For example, Table 33b (page 40)
shows 830 sites on 134 acres, which implies that many of the sites may not be suitable for the
development of housing for lower-income households, given the need to take advantage of
economies of scale. As a result, the analysis of parcel sizes should discuss the extent of parcels
that are most suitable in facilitating the development of housing for lower-income households.
For example, the element could discuss how many parcels are greater than one acre, how many
parcels are greater than two acres, ete. In addition, the City could discuss whether any
conditions exist on these sites that might seriously impede their development in the planning
period, such as toxic contamination and compatibility with surrounding uses.
Mr. James Funk, Director
Page 2
, All allalysis of poIelltial alld actl/al gUl'emmenlal constraims UPOIl the nlaimenallce,
improvement, or developmellt of housing for all income levels and for persons with disabilities
as identified in the analysis pursuant to paragraph (6) of subdivisioll (a), including local
processing and permit procedures (Sectioll 65583(a)(4)).
While the City mentions that the conditional use permit (CUP) process does not significantly
add time in the development approval process, the City should specifically discuss when a CUP
is required and analyze whether the CUP adds uncertainty to the approval process, consequently
impacting the development and affordability of housing. The element should include a
discussion of what is involved in the CUP process and how the components of the process can
facilitate development.
3. Identify adequate sitt's ;vhich wiil be made av~ilablt' ill rough appropriate zoning and
development standards and with public services and facilities needed to facilitate and encourage
the development of a variety of types of housing for all income levels, including multifamily
rental housing, farmworker housing, emergency shelters and transitional housing (Section
65583(c)( l)).
As noted above, further analysis of the suitability of sites is needed. The adequacy of sites
cannot be established prior to a more detailed analysis.
While the element includes revisions to programs for services related to homeless needs, the
element still should include a description of the sites or zones where emergency shelter and
transitional housing are allowed and how the City's permitting process and development
standards encourage and facilitate the development of emergency shelters and transitional
housing.
4. Address and, where appropriate and legally possible, remove govemmental constraints to the
maintenance, improvement, and development of housing, including housing for all income levels
and housing for persons with disabilities. The program shall remove constraints to, or provide
reasonable accommodations for housing designed for, intended for occupancy by, or with
supponive services fo/", persons with disabilities (Section 65583(c)(3)i.
As noted above, San Bernardino's element requires a more thorough analysis of potential
governmental constraints. . While the City has added Program 41 to eliminate governmental
constraints (page 81), depending upon the results of that analysis, the City may need to add
programs to remove or mitigate any identified constraints.
Also, in order to facilitate compliance with this requirement, the City should revise Program 7
(Provision for Special Needs Housing) or include a new program to address the housing needs of
disabled persons, large families and families with female heads. For example, the program
could specifically encourage and facilitate development for these housing needs.
Mr. James Funk. Director
Page 3
5. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant 10 paragraph (8) of subdivision (a). The program may include
strategies that involve local regulation and technical assistance (Section 65583(c)(6)).
While the City has revised the element to clarify the City's commitment to preserving housing
at-risk of converting to market-rate uses (Program 18, page 74), the program should be
strengthened with activities such as establishing an early warning system for possible conversion
of these units, gauging owner interest in renewal, ensuring adequate communication with tenants
and responding to any federal and State notices. We will be glad to assist the City in complying
with this requirement.
For your information, upon completion of an amended or adopted housing element, a local
govemment is responsible for distributing a copy of the element to area water and sewer providers
(Government Code Section 65589.7). This section of the law requires public and/or private water
and wastewater providers give a priority to proposed housing development projects for lower-
income households in their current and future resource or service allocations. Local public and/or
private water and sewer providers must grant a priority for service hook-ups to developments that
helps meet the community's share of the regional need for lower-income housing.
Once the City has revised the element to address the above requirements, the element will be in full
compliance. We are glad to assist the City in addressing the above requirements. In addition, your
staff, specifically Ms. Ross and Mr. Cunningham, should be commended for their dedication in
making significant progress toward compliance and during the course of our review. If we can
provide any additional assistance, including a meeting in San Bernardino or Sacramento, please
contact Paul Mc Dougall, of our staff, at (916) 322-7995.
In accordance with their requests pursuant to the Public Records Act, we are forwarding a copy of
this letter to the individuals listed below.
Sincerely,
';Af /,_ . J J
~{tl:.' ~ L/~c'fk!j
Cathy E. ~well .
Deputy Director
cc: Valerie Ross, City of San Bernardino
Bill Cunningham, Consultant, City of San Bernardino
Mark Stivers, Senate Committee on Housing & Community Development
Suzanne Ambrose, Supervising Deputy Attorney General, AG's Office
Terry Roberts, Governor's Office of Planning and Research
Kimberley Dellinger, California Building Industry Association
Marcia Salkin, California Association of Realtors
Marc Brown, California Rural Legal Assistance Foundation
Rob Weiner, California Coalition for Rural Housing
Mr. James Funk, Director
Page 4
John Douglas, AICP, Civic Solutions
Deanna Kitamura, Western Center on Law and Poverty
S. Lynn Martinez, Western Center on Law and Poverty
Alexander Abbe, Law Firm of Richards, Watson & Gershon
Ruben Duran, Law Firm of Neufield, Jaffe & Levin
Ilene 1. Jacobs, California Rural Legal Assistance, Inc.
Veronica Tam, Cotton, Bridges and Associates
David Booher, California Housing Council
Jonathan Lehrer-Graiwer, Attorney at Law
Ana Marie Whitaker, California State University Pomona
Joe Carreras, Southern California Association of Governments
Won Chang, Attorney at Law, Davis and Company
J a;:ob Lieb, Southern California Association of Governments
James A. Ragsdale, JRA Planning Consultants
Karen Warner, Karen Warner Associates
Jose Rodriguez, California Rural Assistance
Karen Chen, California Association of Realtors
Marguerite Battersby, Brunick & Pyle
Minh Tran, Inland Counties Legal Services
Robert Bullock, Inland Counties Legal Services
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Divi'sion of Housing Policy Development
, 800 ThlrO Street. SUite 430
POBox 952053
Sacramento. CA 94252-2053
1916\323-3177 f FAX (916) 327-2643
\I nca,ca.gov
EXHlBlT 5
March IS, 2003
~[g~[gDwrn~!
MAR 2 6 2003 ~
Mr. James Funk, Director
Development Services Department
City of San Bernardino
300 North '0' Street, Third Floor
San Bernardino, California 9241S
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
Dear Mr. Funk:
RE: Review of the City of San Bernardino's Revised Draft Housing Element
Thank you for submitting San Bernardino's revised draft housing element update, received for our
review on March 13, 2003. As you know, the Department of Housing and Community Development
(Department) is required to review draft housing elements and report our findings to the locality
pursuant to Government Code Section 655S5(b). Ms. Valerie Ross and Ms. Maggie Pacheco, of your
staff. and Mr. Bill Cunningham, the City's consultant, assisted our review through a meeting on
January 2S, 2003 and several telephone conversations and e-mail communications in February and
March.
We are pleased to find the revised element adequately addresses the statutory requirements described
in the Department's November 7, 2002 review. The element will be in full compliance with the law
when adopted and submitted to this Department, pursuant to Government Code Section 65585(g).
We appreciate the City's efforts to develop housing and land-use strategies to address its share of the
regional housing need. We commend the City's commitment to assist in the development of housing
for low- and moderate-income families, including granting a 50 percent density bonus, supporting
non-profit developers and providing streamlined permit processing.
We are thankful of the hard work and cooperation of Ms. Ross, Ms. Pacheco and Mr. Cunningham,
during the course of our review and look forward to receiving San Bernardino's adopted housing
element. If you have any additional questions, please contact Paul Mc Dougall, of our staff, at
(916) 322-7995.
In accordance with requests pursuant to the Public Records Act, we are forwarding copies of this
letter to the persons and organizations listed below.
Sincerely,
C,~L::,~
Deputy Director
.1\'.11. .h::1JU(;.;) 1. UIlI\., J.,.II1.....\".~U.
Page 2
cc: Valerie Ross, City of San Bernardino
Bill Cunningham, Consultant to the City of San Bernardino
Maggie Pacheco, City of San Bernardino
Mark Stivers, Senate Committee on Housing & Community Development
Suzanne Ambrose, Supervising Deputy Attorney General, AG's Office
Terry Roberts, Governor's Office of Planning and Research
Kimberley Dellinger, California Building Industry Association
Marcia Salkin, California Association of Realtors
Marc Brown, California Rural Legal Assistance Foundation
Rob Weiner, California Coalition for Rural Housing
John Douglas, AICP, Civic Solutions
Deanna Kitamura, Western Center on Law and Poverty
S, Lynn Martinez, Western Center on Law and Poverty
Alcx~nder Abb~. Law Firm of Richards, \Vatson & Gershon
Michael G. Colantuono, Colantuono, Levin & Rozell, APC
Ilene 1. Jacobs, California Rural Legal Assistance, Inc.
Veronica Tam, Cotton, Bridges and Associates
David Booher, California Housing Council
Jonathan Lehrer-Graiwer, Attorney at Law
Ana Marie Whitaker, California State Unive~ity Pomona
Joe Carreras, Southern California Association of Governments
Won Chang, Attorney at Law, Davis and Company
Jacob Lieb, Southern California Association of Governments
Karen Warner, Karen Warner Associates
Lynne Fishel, Building Industry Association
Jose Rodriguez, California Rural Assistance
Karen Chen, California Association of Realto~
Marguerite Bal!ersby, Brunick & Pyle
Minh Tran, Inland Counties Legal Services
Robert Bullock, Inland Counties Legal Services
Christine Diemer Iger, Manal!, Phelps & Phillips
EXHIBIT ()
INITIAL STUDY FOR
General Plan Amendment No. 01-05
Housing Element Update
PROJECT DESCRIPTION/LOCATION: Revisions to the Housing Element of the
City's General Plan to reflect state law requirements. The Housing Element contains
goals, policies, and quantified objectives addressing the provision of housing
opportunities on a Citywide basis.
DATE: April 10, 2003
PREPARED BY
Valerie C. Ross
City of San Bernardino
Development Service Department
300 North "D" Street
San Bernardino, CA 92418
909.384.5057
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a
proposal must obtain discretionary approval from a governmental agency and is not exempt from
CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from
CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR)
must be prepared.
1. Project Title: General Plan Amendment No. 01-05
2. Lead Agency Name: City of San Bernardino
Address: 300 North "D" Street
San Bernardino, CA 92418
3. Contact Person:
Phone Number:
Valerie C. Ross, City Planner
909.384.5057
4. Project Location (Address/Nearest cross-streets): Citywide
5. Project Sponsor:
City of San Bernardino
6. General Plan Designation: N/A
7. Description of Project (Describe the whole action involved, including, but not limited to, later
phases of the project and any secondary, support, or off-site feature necessary for its
implementation. Attach additional sheets, if necessary):
This project is an amendment to the City's Housing Element to reflect state law requirements. The
Draft Housing Element contains goals, policies, and quantified objectives addressing the provision
of housing opportunllies on a Citywide basis.
8. Surrounding Land Uses and Setting:
N/A
9. Other agencies whose approval is required (e.g., permits, finance approval, or participation
agreement):
State of California, Housing and Community Development Department
IS I
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
ENVIRONMENT AL F ACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
o Land Use and Planning
o Population and Housing
o Earth Resources
o Water
o AIr QualIty
DT ran sportatl on/C Ircula tl on
DBiological Resources
o Energy and Mmeral Resources
o Hazards
o Noise
o Mandatory Fmdings of
Significance
o PublIc Services
o UtilIties and Service Systems
o AesthetIcs
DCultural Resources
o RecreatIOn
o Geological
Determination.
On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds:
That the proposed project COULD NOT have significant effect on the environment, [8J
and a NEGATIVE DECLARATION will be prepared.
That although the proposed project could have a significant effect on the D
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
NEGATIVE DECLARATION will be prepared.
That the proposed project MAY have a significant effect on the environment, and an D
ENVIRONMENT AL IMP ACT REPORT is required.
That although the proposed project could have a significant effect on the D
environment, there WILL NOT be a significant effect in this case because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
V#iJJWJ {;.R~
~
Date
Signature
VALERIE C. ROSS
Printed Name
IS 2
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I Potenllally , i I
I
Potenllally SIgnificant Unless Less Than I
I
Significant MItigation SIgnificant i I
I ,
lmnact Incomorated ImnacI I No Imoact I
I. LAND USE AND PLANNING. Will the , i I
oroDosal result m: I
, I ~ I
a) A conflict wIth the land use as 0 0 0
designated based on the review of the
General Plan Land Use Plan/Zoning
I DistrIcts Map"
I ,
0 0 0 , ~
b) Development within an Airport Distnct
as identified in the Air lnstallatlOn
Compatible Use Zone (AICUZ) Report
and the Land Use Zoning District i
Map" I
c) Development within Foothill Fire 0 0 0 ~
Zones A & B, or C as identified on the
Land Use Districts Zoning Map" I
I 0 0 0 0
d) Other"
The Draft Housing Element is consistent with the other elements of the City's General Plan. The
Housing Element will not require changes to policies in other General Plan elements, nor will it permit
or encourage the development of more housing units than already anticipated in the current General
Plan.
Implementation of the Housing Element will not require amendments to the General Plan Land
Use Map. When the General Plan was adopted in 1989, the Land Use Element permitted the
construction of 25, 190 new dwelling units. In the ten-year period from 1989 through 1999,4,220
residential building permits were issued, leaving land available for over 20,000 new dwelling units.
The Land Use Plan allows the development ofresidential units on land that is currently vacant,
underutilized, and/or designated for residential units but developed with nonresidential uses. Some of
the residential development can occur in areas that have environmental constraints. There are no
impacts beyond those previously contemplated with adoption of the City's General Plan. All
development must comply with the City's Development Code and Uniform Building and Fire Codes.
IS 3
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potenually I
,
Potentially SIgnificant unless I Less Than
Significant Mitigation i SIgnificant
Imoact Incoroorated I Imoact No lmoact
I
II. POPULATION AND HOUSING. Will the
proposal:
, ,
a) Remove eXIsting housing (mcludmg 0 0 0 0
affordable housmg) as verified by a
site survey/evaluatIOn')
,
b) Create a significant demand for 0 0 0 [8J
addItional housing based on the
proposed use and evaluation of project
size?
c) Induce substantIal growth in an area 0 0 0 [8J
either directly or indIrectly (e.g.,
through projects in an undeveloped
area or an extension of major
infrastructure )?
d) Other? 0 0 0 0
I
The Land Use Plan allows the development ofresidential units on land that is currently vacant,
underutilized, and/or designated for residential units but developed with nonresidential uses. Some of
the residential development can occur in areas that have environmental constraints. There are no
impacts beyond those previously contemplated with adoption of the City's General Plan. All
development must comply with the City's Development Code and Uniform Building and Fire Codes.
IS 4
CITY OF SAN BEIUI/ARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I I Potentially I ,
I , I
I Potentially Significant Unless Less Than
I Significant Mitigation Significant I
Imoact IncorDorated lmoact No Imoact
i III. EARTH RESOURCES: WIll the proposal I I I
result in: I
I
I
a) Earth movement (cut and/or fill) on 0 0 0 [8J !
slopes of 15'Yo or more based on I
mformatlon con tamed m the I
Preliminary Project Description Form
No. D"
b) Development and/or grading on a slope 0 0 0 [8J I
greater than 15% natural grade based i
on review of General Plan HMOD I
map" I
c) Erosion, dust or unstable soil 0 0 0 [8J
I condItions from excavation, grading or
fill"
I
d) Development withm the Alquist-Priolo 0 0 0 [8J
, Special Studies Zone as defined in
I
Section 12.0, Geologic & Seismic,
Figure 47, of the City's General Plan?
e) Modification of any unique geologic or 0 0 0 [8J
I physical feature based on field review"
i
i f) Development within areas defined as 0 0 0 [8J
having high potential for water or wind
erosion as identified m Section 12.0,
Geologic & Seismic, Figure 53, of the
I City's General Plan"
g) Modification of a channel, creek or 0 0 0 [8J
river based on a field review or review
of USGS Topographic Map ') I
I
I h) Development within an area subject to 0 0 0 [8J
landslides, mudslides, subsidence or
other similar hazards as identified in
Section 12.0, GeologIC & Seismic,
I Figures 48, 51, 52 and 53 of the City's
General Plan"
IS 5
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
1) Development withm an area subject to
liquefactIOn as shown in SectIOn 12.0.
Geologic & SCiSmlc, Figure 48, of the
Cny's General Plan"
o
o
o
~
J) Other'>
o
o
i
I
o
~
:
Adoption of the Housing Element does not, in and of itself, create impacts to earth resources. All
proposed residential development is subject to the City's General Plan policies, Development Code
standards, CEQA requirements, and California Building and Fire Code requirements.
The General Plan contemplates housing throughout the City, including areas with the Hillside
Management Overlay District, and areas with potential for water or wind erosion, liquefaction
potential, and Alquist-Priolo Earthquake Fault Zones. Site specific issues are addressed on a project-
by-project basis at the time of a development proposal.
IS 6
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
r Potentially
Potentially SIgnificant Unless Less Than
SIgnificant Mitigation Significant
Imoact Incorporated Impact ~ 0 Imoact
I ,
IV. WATER. Will the proposal result m: I I
I
0 0 0 : ~
a) Changes m absorption rates, dram age
patterns, or the rate and amount of
surface runoff due to impermeable I
surfaces that cannot be mitigated by i
Public Works Standard Requirements ,
to contain and convey runoff to
approved storm drain based on review
of the proposed site plan?
b) Significant alteration in the course or 0 0 0 ~
flow of floodwaters based on
consultation with Public Works staff?
c) Discharge into surface waters or any 0 0 0 ~
I alteration of surface water quality
based on requirements of Public Works
to have runoff directed to approved
I storm drains?
d) Changes in the quantity or quality of 0 0 0 ~
ground water?
e) Exposure of people or property to 0 0 0 ~
flood hazards as identified in the
Federal Emergency Management ,
I
Agency's Flood Insurance Rate Map,
CommunIty Panel Number ,
and Section 16.0, Floodmg, Figure 62,
of the City's General Plan?
f) Other? I 0 0 0 0
Adoption of the Housing Element will not directly impactor be impacted by water resources.
Applications for residential development projects are reviewed on a case-by-case basis to determine
impacts, and mitigation measures, if applicable.
IS 7
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potenllally
Slgmficant
1m act
Potenllally
Significant Unless
Mitigation
Inca orated
Less Than
Significant
1m act
I
I V. AIR QUALITY. Will the proposal:
I aj Violate any air quality standard or D D D ~
contnbute to an eXistIng or projected
air quality vIOlatIOn based on the
thresholds in the SCAQMD's "CEQA
Air Quality Handbook"? ; I
,
D ::J D ~ !
b) Expose senSitIve receptors to
pollutants')
D D D I ~
c) Alter air movement. moisture, or ! I
,
temperature. or cause any change in I
I
climate" I
d) Create objectionable odors based on D D D ~
informatIOn contained in the
PrelimInary Environmental Description
Form" i
Adoption of the Housing Element will not directly impact air quality. Applications for residential
development projects are reviewed on a case-by-case basis to determine impacts, and mitigation
measures, if applicable.
IS 8
CITY OF SAN BERl'iARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Significant
1m act
I T N PORT TION/ClRCULA nON
o
o
o
r2J
I V. R/\I S A I , I
Could the proposal result in: I
I , I
a) A significant mcrease in traffic 0 0 0 I r2J
volumes on the roadways or I
intersections or an increase that is ,
significantly greater than the land use , t I
designated on the General Plan? i
t
b) Alteration of present patterns of 0 0 0 r2J
, circulation"
c) A disjointed pattern of roadway 0 0 0 r2J
improvements?
d) Impact to rail or air traffic? 0 0 0 r2J
e) Insufficient parking capacity on-site or 0 0 0 r2J
off-site based on the requirements in
Chapter 19.24 of the Development
Code?
I f) Increased safety hazards to vehicles, 0 0 0 r2J
bicyclIsts or pedestrians? I
g) Conflict with adopted polIcies ! 0 0 I 0 r2J
supporting alternative transportation? I
,
h) Inadequate emergency access or access 0 0 0 r2J
to nearby uses?
i) Other? 0 0 0 0
,
Adoption of the Housing Element will not directly impact transportation or circulation in the City.
Applications for residential development projects are reviewed on a case-by-case basis to determine
impacts, and mitigation measures, if applicable. Since no changes to land use designations are
proposed with adoption of the Housing Element, no impacts beyond what is in the City's Circulation
Element are anticipated.
IS 9
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I I Potenllally I
Potenllall y Significant Unless Less Than I
i
i Significant Mitigation SIgnificant !
Imnact InCOl1JOlated Imnacl , No Imnact
i , I
[VII BIOLOGICAL RESOURCES. Could the I I
proposal result in: I
I
a) Development withm the Biological i ,
0 0 0 r2J
Resources Management Overlay, as
identified in Section 10.0, Natural
Resources, Figure 41, of the Ctty's ,
General Piano 1
b) Impacts to endangered, threatened or 0 0 0 r2J I
rate species or their habitat (including, I
but not limited to. plants. mammals,
, fish. msects and birds)O
c) Impacts to the wildlife disbursal or 0 0 0 r2J
migration corridorso
,
I d) Impacts to wetland habitat (e.g., marsh, 0 0 0 r2J
riparian and vernal pool)?
I
I e) Removal of viable. mature trees based 0 0 0 r2J
on information contained in the
Preliminary Environmental Description
Form and verified by site
survey/evaluation (6" or greater trunk
diameter at 4' above the ground)O
f) Other? 0 0 0 0
Adoption of the Housing Element will not directly impact biological resources. Applications for
residential development projects are reviewed on a case-by-case basis to determine impacts, and
mitigation measures, if applicable.
IS 10
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Potentially Sigmficant Unless Less Than
I Significant Mitigation Significant
Imoact Incorporated Impact 1"0Imoact
VIII. ENERGY AND MINERAL I
RESOURCES. Would the proposal:
,
a) ConflIct wIth adopted energy 0 0 0 ~
conservation plans'
I b) Use non-renewable resources In a 0 0 0 ~
I
I wasteful and inefficient manner?
I
I ,
I
I c) Result in the loss of availability of a 0 0 0 ~
known mineral resource that would be
I of future value to the region and the
I restdents of the State"
Adoption of the Housing Element will not directly impact mineral resources. No residential
development is proposed in Mineral Resource Zones. All new residential development is subject to
California Building Code energy conservation measures.
IS II
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
P t 11
oten la y , ,
Potentially Significant Unless I Less Than ,
Stgnificant Mitigation Significant I
lmoac! Incornorated . Imoac! No lmoac!
, L'\. HAZARDS. Will the proposal:
i
a) Use. store. transport or dispose of 0 0 0 I [8']
I
I hazardous or tOXIC materials based on
mformatlOn contamed in the
Preliminary Environmental DescnptlOn I
Form No. G( I) and G(2) (includmg,
but not limited to, 011, pesticides,
! chemicals or radiation)?
b) Involve the release of hazardous 0 0 0 [8']
substances')
I c) Expose people to the potential 0 0 I 0 [8']
health/safety hazards?
d) Other? 0 0 0 0
Adoption of the Housing Element will not directly impact or be impacted by hazardous substances.
Applications for residential development projects are reviewed on a case-by-case basis to determine
impacts, and mitigation measures, if applicable.
IS 12
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
i PotentIally I I
Potentially I Significant Unless Less Than I
Significant Mitigation Sienificant
I Impact Incomorated lmoac! No lmoac! ,
I !
x. NOISE. Could the proposal result in: I
I I
I D D D [8J
a) Development of housmg, health care
facilities, schools, libraries, religious
facilities or other noise sensitive uses
I in areas where existing or future noise
levels exceed an Ldn of 65 dB(A)
exterior and an Ldn of 45 dB(A) I
mterior as Identified in Section 14.0,
NOIse, Figures 57 and 58, of the City's
General PIanO I !
I
b) Development of new or expansion of D D D [8J
existing industrial, commercial or other
uses which generate noise levels above
an Ldn of 65 dB(A) exterior or an Ldn
of 45 dB(A) interior that may affect
areas containing housing, schools,
health care facilities or other sensitive
uses based on information in the
Preliminary Environmental Description I
Form No. G(1) and evaluation of
surrounding land uses No. C, and
verified by site survey/evaluationo ,
,
c) Othero D D D D
Adoption of the Housing Element will not directly impact or be impacted by noise. Applications for
residential development projects are reviewed on a case-by-case basis to determine impacts, and
mitigation measures, if applicable.
IS 13
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
i otentIa y i
I PotentIally SignIficant unless i Less Than I I
, I
SIgnificant Mitigation i Significant I
Imnact Incorporated I Impact i :\0 Impact
I ,
! XI. PUBLIC SERVICES. Would the proposal I I
have an effect upon, or result in a need for ,
I
new or altered government servIces In any
i of the following areas:
I 0 0 0 [2j I
a) Fife protectIOn? I
I
, I
b) Medical aid? 0 0 0 i [2j I
c) Police protection" 0 0 0 I [2j
I I
0 I I [2j
d) Schools? 0 0
i
e) Parks or other recreational facilities? 0 0 0 [2j
I f) Solid waste disposal? I 0 0 0 [2j
g) Maintenance of public facilities, 0 0 I 0 [2j
including roads?
h) Other governmental services? i 0 0 0 [2j
P II
Adoption of the Housing Element will not directly impact public services. Applications for residential
development projects are reviewed on a case-by-case basis to detennine impacts, and mitigation
measures, if applicable. Since no changes to land use designations are proposed with adoption of the
Housing Element, no impacts beyond what is in the City's General Plan are anticipated.
IS 14
CITY OF SAN BER."'iARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I PotentIally !
I Potentially SIgnificant unless Less Than
Significant Mitigation SHwificant
Imoact Incoroorated Imoact No Imoact
:
XII. UTILITIES. WIll the proposal. based on 0 0 0 [8J
the responses of the responsible Agencies,
Departments, or Utility Company, Impact
the following beyond the capability to I
provide adequate levels of service or
require the construction of new facilities? i I ,
a) Natural gas? 0 0 I 0 [8J I
I
b) Electricity? I 0 0 I 0 [8J
I I :
c) CommunicatIOns systems" 0 0 0 I [8J
I
d) Water distribution? 0 0 0 [8J
I 0 0 0 [8J
e) Water treatment or sewer?
f) Storm water drainage? 0 0 0 [8J
I g) Result in a disjointed pattern of utility 0 0 0 [8J
I
extensions based on review of eXIsting
patterns and proposed extensions')
h) Other? 0 0 0 0
Adoption of the Housing Element will not directly impact the provision of public utilities in the City.
Applications for residential development projects are reviewed on a case-by-case basis to determine
impacts, and mitigation measures, if applicable. Since no changes to land use designations are
proposed with adoption of the Housing Element, no impacts beyond what is in the City's General Plan
are anticipated.
IS IS
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I Potennally
Potentially SIgnificant Unless Less Than
Significant Mitigation Significant
Impact Incomorated Imoact No Impact
I
XIII. AESTHETICS. i
a) Could the proposal result in the 0 0 0 ~
obstruction of any significant or
important scenic vIew based on I
evaluation of the view shed verified by
site survey/evaluatIOn" .
b) Will the visual impact of the project 0 0 0 ~
create aesthetically offensive changes
In the existing visual setting based on a
. site survey and evaluation of the
I proposed elevations"
I c) Create significant light or glare that 0 0 0 ~
i could impact sensitive receptors"
I d) Other? 0 0 0 0
Adoption of the Housing Element will not directly impact aesthetic resources. Applications for
residential development projects are reviewed on a case-by-case basis to determine impacts, and
mitigation measures, if applicable. Since no changes to land use designations are proposed with
adoption of the Housing Element, no impacts beyond what is in the City's General Plan are
anticipated.
IS 16
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I PotentIally ,
I I
Potentially Significant Unless Less Than
Significant Mitigation SIEmficant
Irooact Incorporated Irooact ;>:0 Irooacl
XIV. CULTURAL RESOURCES. Could the I
. proposal result m: !
I I
a) Development m a sensttive 0 0 0 [8J
archaeological area as identified in
Section 3.0, Historical. Figure 8, of the
; City'S General Plan') I
,
b) The alteration or destruction of a 0 D D [8J
prehistoric or historic archaeological
sIte by development within an I
archaeological sensitive area as
identified m Section 3.0, Historical.
Figure 8, of the City's General Plan?
c) Alteration or destruction of a historical D D D [8J
site, structure or object as listed in the
City's Historic Resources
Reconnaissance Survey?
d) Other? D D D 0
Adoption of the Housing Element will not directly impact cultural resources. Applications for
residential development projects are reviewed on a case-by-case basis to determine impacts, and
mitigation measures, if applicable. Since no changes to land use designations are proposed with
adoption of the Housing Element, no impacts beyond what is in the City's General Plan are
anticipated.
IS 17
CITY OF SAl'i BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I I PotentIally
PotentIally Significant Unless Less Than
: Significant Mitigation Significant
Imoact Incomorated Imoact No Imoact
XV. RECREATION. Would the proposal: I 1
I I
aJ Increase the demand for neighborhood 0 0 0 I [8J
or regIOnal parks or other recreational
facilities') i
0 0 0 [8J I
b) Affect existing recreational
opportunities"
Adoption of the Housing Element will not directly impact the provision of parks and recreational
facilities. Applications for residential development projects are reviewed on a case-by-case basis to
determine impacts, and mitigation measures, if applicable. Since no changes to land use designations
are proposed with adoption of the Housing Element, no impacts beyond what is in the City's General
Plan are anticipated.
IS 18
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
I Potennally
I Potentially Significant Unless Less Than
Significant Mitigation Significant
Imnact Incorporated Impact ]\;0 Impact
I
XVI. MANDATORY FINDINGS OF ,
SIGNIFICANCE. :
,
a) Does the project have the potential to D D D [gj I
degrade the quality of the environment, !
substantially reduce the habitat of a
fish or wildlife species, cause a fish or I ,
I
wildlife population to drop below self-
sustaining levels, threaten to eliminate ,
a plant or animal community, reduce i
the number or restrict the range of a I
rare or endangered plant or ammal, or
elimmate important examples of the
major periods of California history or
prehistory?
I
b) Does the project have the potential to D D D [gj
achieve short-term, to the disadvantage
oflong-term, environmental goals?
c) Does the project have Impacts that are D D D [gj
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the I
mcremental effects of a project are
considerable when viewed m
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects.)
d) Does the project have environmental D D D [gj
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
IS 19
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
REFERENCES. The following references cited in the Initial Study are on file in the Development
Services Department.
I. City of San Bernardino General Plan.
2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map.
3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code).
4. City of San Bernardino Historic Resources Reconnaissance Survey.
5. Alquist-Priolo Earthquake Fault Zones Map.
6. South Coast Air Quality Management District, CEQA Air Quality Handbook.
7. Federal Emergency Management Agency, Flood Insurance Rate Maps.
8. Public Works Standard Requirements-water.
9. Public Works Standard Requirements-grading.
IS 20
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
TO:
Mayor and Common Council
Valerie C. ROSr.~y Planner
FROM:
SUBJECT:
Updated Housing Element
DATE:
July 2, 2003
COPIES:
James Penman, City Attorney; Rachel Clark, City Clerk; Fred Wilson,
City Administrator; James Funk, Director, Development Services
Department
Attached is the Updated Housing Element, which is Exhibit 1 to Item No. 25 on the July
7,2003 Council Agenda. It is substantially the same as the draft document distributed by
James Funk on October 22, 2002. As noted in the Council staffreport, staff believes the
revisions were not substantive, and did not modify the policy issues or programs
discussed by the Planning Commission.
#" ,):;-
7-7-03
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
To:
Mayor Judith Valles; Esther Estrada, First Ward; Susan Lien, Second
Ward; Gordon McGinnis, Third Ward; Neil Derry, Fourth Ward; V. C.
"Joe" Suarez, Fifth Ward; Betty Dean Anderson, Sixth Ward; Wendy
McCammack, Seventh Ward; Fred Wilson, City Administrator; Henry
Empeiio, Deputy City Attorney; ando.V'alerie Ross, City Planner .c'l J d-f"" 1,...." of-
Subject:
James Funk, Director of Development Services l.u-~
Draft Housing Element
From:
Date:
October 22, 2002
Attached for your review is the draft Housing Element. The Planning Commission approved
the document in November 2001. The document has been sent to the California Housing and
Community Development Department (HCD) for a second review and comment.
Based on HCD's requests for additional information, the draft now includes Table 33a and 33b
addressing characteristics of vacant parcels. Also, sections were added concerning
"relationship to redevelopment", and "public participation" and other minor text
modifications. The requests for additional information from HCD did not result in substantive
changes or in changes to policies ad programs identified in the original draft document.
The latest revised draft was sent to HCD in August 2002 for, hopefully, acceptance.
Once the Development Services Department receives word of acceptance from HCD, we will
schedule a presentation/workshop, or if desired, a public hearing for discussion and/or
modifications and adoption.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
RESOLU~NQ~Y
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
UPDATED HOUSING ELEMENT TO THE GENERAL PLAN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. Recitals
(a) WHEREAS, the General Plan for the City of San Bernardino, including the Housing
Element (Chap 2, pages 2-1 through 2-64 of the General Plan) was adopted by the Mayor and
Common Council by Resolution No. 89-159 on June 2, 1989.
(b) WHEREAS, the Planning Commission conducted a public hearing on November 20,
200 I, in order to receive public testimony and written and oral comments on the updated
Housing Element, and fully reviewed and considered the Planning Division staff report.
(c) WHEREAS, an Initial Study was prepared and a determination made by the
Environmental Review Committee on April 10, 2003 that the revisions to the Housing Element
16 would not have a significant effect on the environment, and therefore, recommend that a
17
18
19
20
21
Negative Declaration be adopted.
(d) WHEREAS, the proposed Declaration received a 30-day public review period from
April 17, 2003 through May 16,2003 and all comments relative thereto have been reviewed by
the Mayor and Common Council in compliance with the California Environmental Quality Act
22 (CEQA) and local regulations.
23 (e) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully
24 reviewed and considered the updated Housing Element and the Planning Commission and
25 Environmental Review Committee recommendations and Planning Division Staff Report on July
26
27
28
7,2003.
(f) WHEREAS, the adoption of the updated Housing Element is deemed in the interest
LflD.:J. Q
~/rf //\ ~
1
2
3
4
5
6
7
8
9
10
11
12
of the orderly development of the City and is consistent with the goals, objectives and policies of
the existing General Plan,
SECTION 2, Negative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
and Common Council that the updated Housing Element to the General Plan of the City of San
Bernardino will not have an adverse impact on the environment and the Negative Declaration
heretofore prepared by the Environmental Review Committee as to the effect of this proposed
amendment is hereby ratified, affirmed and adopted,
SECTION 3, Findings
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
The updated Housing Element is internally consistent with the other General Plan
elements, The proposed housing programs were developed to help the City meet goals,
objectives, and policies related to the land use, historical, transportation/circulation,
public safety, economic development, utilities, public facilities and services, parks and
recreation, natural resources, energy and water, geologic and seismic, hazardous
materials, noise, wind and fire, and flooding elements of the General Plan, as well as
housing goals,
The updated Housing Element would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, Many of the proposed housing programs are
focused on rehabilitation of existing housing stock and neighborhood preservation,
Implementation of these programs will be beneficial to the overall well being of the
City,
13
14 A.
15
16
17
18
19
20
21
22 B.
23
24
25
26
27
28
2
1 C.
2
3
4
5
6
7
8
9 A
10
11
12
13
14
15 B.
16
17
18
19
20
21
22 1//
23 1//
24
25
26
27
28
The updated Housing Element would not impact the balance ofland uses within the City.
No changes to land use designations are proposed in conjunction with adoption of the
updated Housing Element. As discussed in the updated Housing Element, the City has
adequate land designated for residential uses to accommodate the numbers included in
the Regional Housing Needs Assessment.
SECTION 4. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
The General Plan of the City of San Bernardino is amended by adoption of the Updated
Housing Element dated July 2003. The updated Housing Element is included in
Attachment A, a copy of which is attached and incorporated herein for reference. The
updated Housing Element (dated July 2003) replaces the existing Housing Element
(Chapter 2, pages 2-1 through 2-64 of the General Plan).
The updated Housing Element shall become effective immediately upon adoption of this
resolution.
SECTION 5. Notice of Determination
The Planning Division is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino certifying the City's compliance with the
California Environmental Quality Act.
3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
UPDATED HOUSING ELEMENT TO THE GENERAL PLAN.
2
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof,
Common Council of the City of San Bernardino at a
5 held on the
day of
,2003, by the following vote, to wit:
6 Council Members
AYES
NAYS
ABSTAIN
ABSENT
7
8
9
10
11
12 SUAREZ
ESTRADA
LIEN LONGVILLE
MCGINNIS
DERRY
13 ANDERSON
14
MC CAMMACK
15
16
17
18
19
20
City Clerk
The foregoing resolution is hereby approved this day of
,2003.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
21 and legal content:
22 JAMES F. PENMAN
23 City Attorney
24
25
26
.P~
27
28
4
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '1-',-03
Item #
2S
Resolution #
-~D3--189
Absent Cc
Vote:
Ayes I-S, 1/
Nays
(:)
Abstain
-&
Change to motion to amend original documents:
Reso. # On Attachments:
/'
Contract term:
Null/Void After: -
Note on Resolution of Attachment stored separately: --=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: IJ- "\ -C~
Date of Mayor's Signature: '\ - c,-c)~)
Date of ClerklCDC Signature: 'f - \ 0 -03
./
Reso. Log Updated: ~
Seal Impressed: .~
See Attached:
See Attached:
~
See Attached:
Date Returned: -
Date ~Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ./ No By
Yes No~ By
Yes No ,/ By
-
Yes No / By
Yes No ..L
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services /
Police Public Services Water
EDA
Finance
MIS
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date:
Revised 01/12/01