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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director
Subject: A Resolution of the Mayor and Common
Council of the City of San Bernardino adopting
the 2011 update of the General Plan Housing
Element (General Plan Amendment No. 11-01).
Dept: Community Development
Date: June 6, 2011
MCC Date: June 20, 2011
Synopsis of Previous Council Action:
5/19/08 Mayor and Council retained The Planning Center to prepare an update of the City's
General Plan Housing Element.
12/6/10 Mayor and Council adopted Ordinance No. MC-1342 to establish the Emergency
Shelter Overlay District, the basis for the Senate Bill 2 compliance strategy required in
the Housing Element update.
Recommended Motion:
That the hearing be closed and that the Resolution be adopted.
l(/L( 'Jv,&
M. Margo Wheeler, AICP
Contact person:
Tern RahhaI, City Planner
Phone:
3330
Supporting data attached: Staff Report & Resolution
Ward:
All
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. '3~
Cfn70-CYJI/
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
A Resolution of the Mayor and Common Council of the City of San Bernardino adopting the
2011 update of the General Plan Housing Element (General Plan Amendment No. 11-01).
Project Description:
General Plan Amendment (GPA) No. 11-01 is a proposal to amend the General Plan text with an
update to the Housing Element, which was last updated in 2003. The Housing Element is a
mandatory element of the General Plan. Its contents and the required update process are
specified in Sections 65580 - 65590 of the California Government Code. The law provides for
housing elements to be prepared based on the Regional Housing Needs Assessment (RHNA)
completed periodically for each region. This Housing Element update was prepared for the
RHNA planning period of 2006 -2014. The Housing Element update modifies the General Plan
by adding/revising goals, policies, programs and quantified objectives related to housing.
A detailed explanation, analysis and background summary of the 2011 Draft Housing Element
update GPA (11-01) is attached in the May 25, 2011 Planning Commission Staff Report
(Attachment I), which also refers readers to the City's web site for review of the 2011 Draft
Housing Element and the proposed Negative Declaration.
California Environmental Quality Act (CEQA) Compliance
An Initial Study was prepared to analyze potential impacts of the Housing Element update and
associated amendments of Development Code Sections 19.02.050 and 19.24.040 in DCA 11-02,
pursuant to CEQA. The Initial Study concludes that the Housing Element update and associated
amendments in DCA 11-02 will not have a significant adverse impact on the environment. The
Initial Study was circulated and posted on the City web site for public review. The Resolution to
adopt the 2011 Housing Element update also adopts a Negative Declaration pursuant to CEQA.
California Department of Honsing and Community Development (RCD) Certification
The statutory requirements for general plan housing element updates include a formal review
process and certification authority for HCD. HCD certification of the Housing Element is
required to:
. Have a complete and adequate General Plan.
. Be eligible for varlous State funding programs, including housing grants.
. Amend a redevelopment plan to extend the life of the project area.
The 2011 Draft Housing Element update has been through two formal reviews by HCD. The
first review resulted in multiple revisions and re-submittal for another formal review. The second
HCD review letter, attached to the Planning Commission Staff Report, stated that the Draft
Housing Element will comply with State housing element law upon completion of specified
modifications, including an amendment to the Development Code to modifY the studio apartment
2
parking standard and to modify the definition of "family" to conform to State law. Staff has
made the requested additions to the 2011 Draft Housing Element update and has prepared
Development Code Amendment (DCA) 11-02 to comply with the other HCD requirements.
DCA 11-02 supplements GPA 11-01, but the two applications are independent.
Planning Commission Recommendation:
The Planning Commission considered the proposed update of the General Plan Housing Element
(GPA 11-01) and the proposed Negative Declaration on May 25, 201 I. The Commission voted
unanimously to recommend adoption of the Negative Declaration and the Housing Element
update as proposed, with Commissioners Calero, Coute, Durr, Eble, Heasley, Machen, Mulvihill
and Sauerbrun voting in favor of the motion. Commissioner Rawls was absent.
Public Hearing Notice:
Notice of the public hearing of this item was published in a 1/8 page advertisement the San
Bernardino County Sun on June 10, 20 II.
Financial Impact:
None anticipated.
Recommendation:
Staff Recommends that the hearing be closed and that the Resolution be adopted.
Attachments:
Attachment I Planning Commission Statement of Action and 5/25/11 Staff Report
Resolution
Documents Posted for Public Review:
The 20 II Draft Housing Element Update and Initial StudylDraft Negative Declaration are posted
on the City web site as follows:
www.sbcity.org/cityhalllcommunity_ development/planning/planning_ documents.asp
3
PROJECT
Number:
Proposed By:
Description:
ACTION:
Meeting Date:
ATTACHMENT 1
CITY OF SAN BERNARDINO
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
General Plan Amendment No. 11-01
City of San Bernardino
An update of General Plan Housing Element for the 2006 - 2014 Regional
Housing Needs Assessment (RHNA) planning period. The Housing
Element update contains goals, policies, programs and quantified
objectives to facilitate fulfillment of housing needs in the City of San
Bernardino.
RECOMMENDED APPROVAL
May 25, 2011
The Planning Commission recommended adoption of the Negative Declaration and the Housing
Element update to the Mayor and Common Council, based on the finding of fact contained in the
Staff Report.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Calero, Coute, Durr, Heasley, Eble, Machen, Mulvihill, and Sauerbrun
None
None
Rawls
1 hereby certify that this Statement of Official Action accurately reflects the action of the
Planning Commission of the City of San Bernardino. The matter will be referred to the Mayor
and Common Council for fina1 action on June 20, 2011.
/ /
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M. Margo Wheeler, AlCP
Community Development Director
/ / /
;
Date
cc: Case File, Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
General Plan Amendment No. 11-0 I
General Plan Housing Element Update
AGENDA ITEM:
HEARING DATE:
WARD:
9
May 25, 2011
Citywide
APPLICANT:
City of San Bernardino
REQUESTILOCATION: An update of General Plan Housing Element for the 2006 - 2014
Regional Housing Needs Assessment (RHNA) planning period. The Housing Element update
contains goals, policies, programs and quantified objectives to facilitate fulfillment of housing
needs in the City of San Bernardino.
CONSTRAINTS/OVERLA YS:
Not Applicable - Citywide Policy Document
ENVIRONMENTAL FINDINGS:
It! No Significant Effects
o Exempt from CEQA, Section
o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan
STAFF RECOMMENDATION:
It! Approval Recommendation to Mayor and Common Council
o Denial Recommendation to Mayor and Common Council
o Continuance to:
GPA 11-01 Housing Element Updote
PC Meeting Date: 5-25-1 I
Page 2
PROJECT DESCRIPTION
General Plan Amendment (GPA) No. 11-01 is a proposal to amend the General Plan text with an
update to the Housing Element, which was last updated in 2003. The Housing Element is one of
seven mandatory elements of the General Plan. The required contents and the standard housing
element preparation and review processes are contained in Sections 65588 - 65589 of the
California Government Code. The law provides for housing elements to be prepared based on the
Regional Housing Needs Assessment (RHNA) completed periodically for each region. This
Housing Element update was prepared for the 2006 -2014 RHNA prepared by the Southern
California Association of Governments (SCAG). The Housing Element update is proposed to
modify the General Plan by adding/revising goals, policies, programs and quantified objectives
related to housing, particularly housing required to meet needs identified in the RHNA.
CONTENTS OF THE HOUSING ELEMENT
The Housing Element update is an amendment of the policies, programs and analysis of the 2003
Housing Element, as needed to conform to current laws and to demonstrate that the City can
meet the housing needs identified in the 2006 - 2014 RHNA. The following sections comprise
the current Housing Element update proposed for adoption:
Introduction - The Introduction lays the foundation for the Housing Element by citing housing
element requirements in State law and describing the Housing Element's relationship to and
consistency with the other elements of the General Plan.
Community Profile - This section contains a demographic analysis of the existing population
and housing stock.
Existing and Future Housing Needs - Building on the statistics in the Community Profile, this
section contains an analysis of current and long-term housing needs, considering the number of
units and condition of existing housing, anticipated population growth, and existing and future
special needs, such as senior housing.
Land Resources - The Housing Element contains a detailed analysis of vacant and underutilized
land in the City, utilizing GIS data to identify opportunities for housing development.
Governmental Constraints and Opportunities - This section analyzes potential constraints to
providing affordable housing. It evaluates the development review process and regulations to
demonstrate that there are no undue constraints to housing development in the City.
Evaluation of Accomplishments - This section analyzes the programs and strategies outlined in
the 2003 Housing Element and reports on the status and results of implementation.
Housing Strategy - This section updates strategies and programs in the 2003 Housing Element
to identify current housing resources, and programs, including quantified objectives to be
evaluated in the next update. Key strategies highlighted include the neighborhood preservation
activities of the City funded by federal Neighborhood Stabilization Program funds.
GPA 11-01 Housing Element Update
PC Meeting Date: 5-25-11
Poge 3
ANALYSIS
Regional Housing Needs Assessmeut
The Regional Housing Needs Assessment (RHNA) is an analysis by the regional Metropolitan
Planning Organization (MPO) that takes population growth projections made for each region by
the State Department of Finance and disaggregates the projections to allocate a portion of the
growth to each city and county. SCAG prepares the RHNA for the six counties comprising the
Southern California region: Los Angeles, Orange, Ventura, Imperial, Riverside and San
Bernardino. In July of 2007, SCAG issued the RHNA for Southern California, covering a
planning period from January 2006 - June 2014. Over this 8Y2-year period, the following
housing needs, specified by income category, were allocated to the City of San Bernardino:
2006 - 2014 RHNA
Housing Units Needed by Iucome Category
Amount Very Low Low Moderate Above Moderate Total
<50% of AMI' 51-80% AMI 81-120% AMI >120% of AMI
Number 1,275 913 1,079 2,420 5,687
Percentage 22% 16% 19% 43% 100%
'AMI = Area Median Income, $65,000.00 for San Bernardino County in 2010. The AMI is stated
for a 4-person household and is adjusted for household size.
The majority (62%) of the housing need identified in the RHNA for San Bernardino was
allocated to moderate and above moderate income levels, reflecting the current low cost of
housing in the City, relative to the regional housing market. It is important to note that the
RHNA allocation represents the projected need for new housing for each income category. The
numbers of units needed are construction targets that the City must plan for in the Housing
Element. The land inventory analysis in the Housing Element update must demonstrate that the
City has sufficient land available and zoned appropriately to accommodate the RHNA
construction targets. There is no requirement to actually produce the needed housing, nor are
there currently any negative repercussions for not meeting the targets.
Senate Bill (SB) 375
Leading up to the current RHNA planning cycle, the RHNA has been funded by the State, and
was supposed to occur in 5-year cycles. Over the years, lack of funding has delayed RHNA
preparation, causing elongated planning periods and corresponding delays in housing element
adoptions. RHNA planning periods have never been synchronized with regional transportation
planning and modeling, causing discrepancies in the regional land use and transportation plans.
The passage of SB 375, The Sustainable Communities and Climate Protection Act of 2009, tied
regional transportation, housing and air quality planning together to be done concurrently,
utilizing the same growth models to produce an integrated regional growth strategy. The next
RHNA will be completed in 2012, tied to the 2012 Regional Transportation Plan (RTP) and
Sustainable Communities Strategy for the eight-year planning period of 20 13 - 2021.
GPA 11-01 Housing Element Update
PC Meeting Dale: 5-25-11
Page 4
Senate Bill (SB) 2
Effective January I, 2008, SB 2 amended housing element law to enhance the planning
requirements for emergency shelters and transitional housing. The primary mandate of SB 2 is
that each city designate a zone where emergency shelters will be permitted without a conditional
use permit (CUP) or other discretionary approval. It also requires that the zone contain sufficient
area to accommodate the emergency shelter needs in the city.
To comply with SB 2, the City has adopted the Emergency Shelter (ES) Overlay District as
Chapter 19.10-E of the Development Code. The ES Overlay District was first adopted as
Urgency Ordinance MC-1288 on October 20, 2008, to achieve substantial compliance with SB 2
pending completion of the fmal draft ES Overlay District. The final draft ES Overlay District
was reviewed by the Planning Commission as a regular Development Code amendment on
August 25, 2010, and was adopted by the Mayor and Common Council as MC-1342 on
December 6, 2010;. effective January 5, 2011. The ES Overlay District applies to five selected
areas of the Industrial Light (IL), Commercial Heavy (CH), and Office Industrial Park (OIP) land
use districts, covering approximately 145 acres. Chapter 19.1 O-E contains development standards
for approval of emergency shelters by a Type I Development Permit (OPI).
PUBLIC OUTREACH
On December 3, 2008, a Housing Summit was conducted in a downtown storefront, including
two workshops (afternoon and evening) and an all-day drop-in center. Community stakeholders,
social service agencies, neighborhood associations and the general public were invited to attend.
Participants heard about the Housing Element, including the housing and demographic data in
the Community Profile. They also saw a presentation of the Economic Development Agency
(EDA) housing programs. During the Housing Summit and in the weeks following, a survey was
distributed to determine the top priority housing needs in the community.
The EDA also conducted public outreach for the Community Development Block Grant program
and shared the results with the Housing Element update project. This outreach included a
community meeting on January 21, 2010 and a community survey following that meeting.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) COMPLIANCE
An Initial Study was prepared to analyze potential impacts of the Housing Element update and
the associated Development Code Amendment (DCA) No. 11-02, pursuant to Section 21080.1 of
the Public Resources Code. The Initial Study concludes that the Housing Element update and
associated DCA I 1-02 will not have any significant adverse impact on the environment. The
Development/Environmental Review Committee reviewed the Initial Study and approved its
release for public review on April 14, 20 II. The Initial Study is posted for public review on the
City web site and was circulated for review by local agencies.
GPA 11-01 Housing Element Update
PC Meeting Date: 5-25-11
Page 5
HOUSING ELEMENT CERTIFICATION
The statutory requirements for general plan housing elements in Sections 65588 - 65589 of the
Government Code include a formal review process by the State Department of Rousing and
Community Development (RCD). RCD has the authority to determine compliance with the
statutes and certify a housing element as adequate. RCD also examines the local agency's
development regulations to evaluate government constraints on housing development. Upon
certification by RCD, or with conditional approval by RCD, the local agency is authorized to
adopt the updated housing element. RCD certification of the housing element is required in order
to:
. Rave a complete and adequate General Plan.
. Be eligible for various State funding programs, including housing grants.
. Amend a redevelopment plan to extend the life of the project area.
The Draft Rousing Element update has been submitted for RCD review twice; first in 2009 and
again in 2010, as detailed in the following timeline. Comments from the first RCD review
required additional analysis of the vacant land inventory; existing housing needs of very low
income households; the ES Overlay District; assisted housing projects at risk of conversion to
market rate rents; constraints on housing opportunities for persons with disabilities; and potential
governmental constraints on housing development, including parking standards in the
Development Code. The comment letter required preparation of a second Draft Rousing Element
to be submitted to RCD for another formal review.
A revised Draft Rousing Element was submitted to RCD for review, and the resulting RCD
comment letter (attached) states that the Rousing Element update will conform to state law upon
completion of the additions and modifications outlined in the letter. The letter requests:
I. Additional information on the ES Overlav District: The first RCD review letter asked for
additional analysis of the ES Overlay District to demonstrate that the district would have
the capacity to accommodate the need for emergency shelters in the City. The second
draft submitted to RCD had additional analysis in it, but the attached second review
letter asks additional questions about the suitability of the areas chosen for the ES
Overlay District for emergency shelters, citing potential environmental conditions of
industrial areas that might not be compatible with residential or emergency shelter uses.
It also requests additional analysis of the typical parcel in the ES Overlay District.
Resoonse: Staff has made fmal revisions to the Draft Rousing Element to discuss
suitability of the ES Overlay District, located in areas designated Industrial Light (IL),
Commercial Reavy (CH) and Office Industrial Park (OIP). This discussion points out that
the areas were selected for proximity to public transit services and potential employers. It
also states that the IL, CH and OIP land use districts are not the most intensive land use
districts in the City, and that existing single family residences exist in these districts as
permitted uses, proving that the City has found these areas to be suitable for some
residential uses. Finally, staff also added the requested statistical analysis of the lot area
and development potential of the average lots in the ES Overlay District.
GPA 11-01 Housing Element Update
PC Meeting Date: 5-25-11
Page 6
2. Amendment of the Development Code parkin!! standard for studio aoartments: The first
HCD review letter requested additional analysis of parking requirements as potential
constraints on housing development. Staff responded in the revised draft with a
description of various Code sections that permit flexibility in parking standards,
including provisions for shared parking and minor exception procedures. The second
HCD review letter acknowledges the additional information and still identifies the studio
apartment parking standard as a constraint that has to be analyzed and/or mitigated.
Response: Staff has drafted a proposed amendment to Section 19.24.040 of the
Development Code to reduce the parking requirement for studio apartment units as
suggested by HCD. The guidance document for housing element preparation on the HCD
web site, "Building Blocks for Effective Housing Elements," recommends a maximum
parking standard of one space per studio apartment unit. That is the standard
recommended by staff in DCA 11-02.
3. Amendment of the definition of "familv" in the Development Code: The attached HCD
comment letter points out that the current defmition of "family" in the Development
Code constitutes a constraint to housing opportunities for persons with disabilities,
because it arbitrarily limits the number of unrelated people who can be considered a
family to a maximum of six. This is important because only one "family" is permitted to
inhabit a single-family dwelling. "household" is a more accurate term for the occupants
of a dwelling, but "single-family" and "mnlti-family" are commonly used terms.
Response: Staff has drafted a proposed amendment to Section 19.02.050 of the
Development Code to revise the defmition of "family" in accordance with Fair Housing
laws and SB 520, according to the "Building Blocks for Effective Housing Elements" on
the HCD web site. HCD recommended the definition adopted by the City of Los Angeles
as a model. The City of Los Angeles model is recommended in DCA 11-02.
4. Addition of tenant outreach to an EDA assisted housin!! prol!ram: The first HCD review
letter noted the need for an outreach program to encourage community cooperation to
prevent conversion of assisted housing projects to market rate rents. The revised Draft
Housing Element submitted for the second review contained an outreach program to
contact and involve the owners of assisted housing units. The second HCD review letter
acknowledges the owner outreach program, and states that tenant notification and tenant
education is also needed.
Response: Staff has added tenant outreach and education to the program of prevention of
conversion of at-risk housing projects in the Draft Housing Element, as requested.
The amendments and additions to the Housing Element requested by HCD have been
completed, and the Development Code modifications recommended by HCD are included in
DCA 11-02. Staff has described and discussed these final revisions to the Housing Element and
the companion amendments to the Development Code with the HCD reviewer, who has
indicated that the responses are satisfactory. Therefore, HCD has not required another formal
review of the Housing Element update.
GPA 11-01 Housing Element Update
PC Meeting Date: 5-25-11
Page 7
TIMELINE OF THE HOUSING ELEMENT UPDATE
. July 2007 -Final 2006- 2014 RHNA issued for the SCAG region.
. June 30, 2008 - Due date for submittal of housing elements for review by HCD.
. January 2008 - City contracts with The Planning Center to update Housing Element.
. October 20, 2008 - Emergency Shelter Overlay District adopted as urgency ordinance.
. December 3, 2008 - Housing Summit/Housing Element Workshops.
. December 2008 - Housing Needs Survey conducted.
. December 21, 2009 - First Draft Housing Element update submitted to HCD for review.
. January 21, 2010 - CDBG Community Needs and Fair Housing Meeting.
. January - February 2010 - Community Needs and Fair Housing Survey.
. February 18,2010 - HCD issues comment letter requiring revisions and re-submittal.
. December 6, 2010 - Final Emergency Shelter Overlay District adopted.
. December 10,2010 - Second Draft Housing Element update submitted to HCD.
· February 8, 2011 - HCD issues comment letter authorizing adoption of the Housing
Element update, subject to completion of additional revisions.
. April 2011 - Final Draft Housing Element completed and Initial Study/Draft Negative
Declaration circulated for public review.
FINDINGS OF FACT
1. The proposed amendment is internally consistent with the General Plan.
The proposed Housing Element update will keep housing policies and programs current, to
maximize the effectiveness of City efforts to provide housing opportunities; both directly,
through housing development and assistance programs, and indirectly by facilitating private
housing development. The Housing Element update will maintain internal consistency of the
General Plan by supporting the following goals and policies of other General Plan Elements:
Land Use Goal 2.1: "Preserve and enhance San Bernardino's unique neighborhoods."
Land Use Policv 2.1.4: "Provide assistance in the form of grants, loans, home
improvement efforts, coordinated code and law enforcement, public right-of-way
maintenance and enhancement, and trash collection to help improve San Bernardino's
residential neighborhoods."
Land Use Policv 2.4.2: "Continue to provide special incentives and improvement
programs to revitalize deteriorated housing stock, residential neighborhoods, major
business corridors, and employment centers."
Economic Development Goal 4.10: "Optimize existing redevelopment project areas to
identify and prioritize development opportunities."
Economic Development Policv 4.1 0.1: "Utilize all available Redevelopment Agency/City
tools to revitalize and enhance strategic areas of the City."
GPA 11-01 Housing Element Update
PC Meeting Date: 5-25-1 I
Page 8
2. The proposed amendment will not be detrimental to the public interest, health, saftty,
convenience, or welfare of the City.
The proposed Housing Element update will ensure compliance with State law relative to
general plan housing elements, and will guide City programs intended to maximize housing
opportunities for all income levels and groups with special housing needs in the City. The
Draft Initial StudyINegative Declaration demonstrates that the Housing Element will not have
a significant impact on the environment. Adoption of the Housing Element update will,
therefore, be beneficial to the public interest, health, safety, convenience and welfare.
3. The proposed amendment will maintain the appropriate balance of land uses within the City.
The proposed Housing Element update does not necessitate any land use plan amendments to
meet projected housing needs in the City. Therefore, it will not affect the balance ofland uses
within the City.
CONCLUSION
The Housing Element update, considered with the concurrent proposal to amend the
Development Code, DCA 11-02, complies with State law as indicated in the review letter from
the California Department of Housing and Community Development dated February 8, 20 II.
RECOMMENDATION
Staff recommends that the Planning Commission recommend adoption of the Negative
Declaration and the Housing Element update to the Mayor and Common Council, based on the
findings of fact contained in the Staff Report.
Respectfully Submitted,
7~
Terri Rahhal, AlCP
City Planner
Approved for Distribution/
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M. Margo Wheeler, AICP
Community Development Director
Attachment: February 8, 2011 Comment Letter from HCD
Supporting Documents on City Web Site: www.sbcity.org: Draft Housing Element May 2011
(Community Development DepartmentJPlanning Documents) Initial Study April 2011
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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street, Suite 430
p, O. Box 952053
'ramento, CA 94252-2053
1323-3177/ FAX (916) 327-2643
,y,hcd.ca,gov
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February 8, 2011
Ms. Margo Wheeler, Director
Community Development Department
City of San Bernardino
300 North D Street, 3rd Floor
San Bernardino, CA 92418
Dear Ms. Wheeler:
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
review on December 10,2010. The Department is required to review draft housing
elements and report the findings to the locality pursuant to Government Code
Section 65585(b). Communications with Ms. Terri Rahhal, City Planner, facilitated the
review. In addition, the Department considered comments from the Public Counsel in
Los Angeles, pursuant to Government Code Section 65585(c).
The revised draft element addresses most of the statutory requirements described in the
Department's February 18, 2010 review (see link, page 3). However, the following
revisions are still necessary to comply with State housing element law (Article 10.6 of the
Government Code):
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)).
Identify adequate sites which will be made available through 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 rental housing, factory-built housing, mobilehomes, and emergency
shelters and transitional housing (Section 65583(c)(1)).
Emergency Shelters: While the element has been updated to briefly describe
capacity of zones within the emergency shelter overlay, it must also analyze the
suitability and appropriateness of these zones. For example, the element describes
land within the overlay zone is comprised of Industrial Light (IL), Commercial Heavy
(CH) and Office Industrial Park (alP). While some of these zones allow residential
uses as a secondary use, it does not describe how all these underlying zones are
appropriate for the development of emergency shelters. For example, some light
industrial and heavy commercial zones may have environmental or other
j
1
Ms. Margo Wheeler, Director
Page 2
conditions rendering them unsuitable for residential or shelter uses. Furthermore,
while the element states one-third of the parcels in the inventory are vacant
(page 3-44), it does not describe typical parcel to demonstrate their suitability for the
development of emergency shelters. As noted in the previous review, typical
emergency shelters in the City include between 40 to 60 beds. The element should
expand upon the description of the parcel sizes of the vacant acreage to
demonstrate their potential to fully accommodate the City's need for emergency
shelters. However, if non-vacant parcels within the emergency shelter overlay are
needed to accommodate the City's need for emergency shelters, the element should
include an estimate of the number of parcels with redevelopment potential and
capacity for conversion to emergency shelters.
Based on the outcome of these analyses, the City may need to revise or add
programs to address this requirement.
2. Analyze potential and actual govemmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including for persons
with disabilities, land use controls, building codes and their enforcement, site
improvements, fees and other exactions required of developers, and local
processing and permit procedures. The analysis shall also demonstrate local efforts
to remove govemmental constraints that hinder the locality from meeting its share of
the regional housing need in accordance with Section 65584 and from meeting the
need for housing for persons with disabilities, supportive housing, transitional
housing, and emergency shelters identified pursuant to paragraph (7)
(Section 65583(a}(5)).
The housing element shall contain programs which address, and where appropriate
and legally possible, remove govemmental constraints to the maintenance,
improvement, and development of housing (Section 65583(c}(3)).
Land-Use Controls (Parking): The element has been updated with information
regarding the City's ability to decrease parking requirements for projects within
transit stops and other minor exceptions in on- and off-site parking (page 3-94), but
does not describe the requirements for reductions or analyze the impact of the
parking reductions nor evaluate the impacts of the existing multifamily parking
requirements for studio apartments on the cost and supply of housing. While it
appears minor exceptions may be granted in limited instances, the element does not
describe the extent of reductions or approval procedures and their overall effect on
mitigating impacts or constraints. As a result, the parking standard for studio
apartments (1.5 uncovered plus 1 covered per 5 units) still appears to be a
constraint. The element must be revised to analyze the impact of these standards
and include programs as appropriate to address and mitigate the constraint.
Ms. Margo Wheeler, Director
Page 3
Constraints on Housing for Persons with Disabilities: The element did not address
this finding. Based on the Department's review, the City's Municipal Code
(Article I, Section 19.02.050) defines 'family' as, "An individual, or 2 or more persons
related by blood, marriage or legal adoption, or a group of not more than 6 persons
who are not so related living together as a single housekeeping unit." This definition
of 'family' should be analyzed as a constraint as it excludes unrelated groups of
seven persons or more with disabilities who choose to reside together as a 'family'.
The element should include a program that amends the City's definition of family.
Please see the enclosed sample regarding definition of "family".
3. The housing program shall preserve for low-income household the assisted 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)).
While Program 3.2.10 has been revised to include outreach to owners of assisted
housing projects, it should also include outreach efforts to tenants of these housing
projects. For example, the program could commit to tenant education and ensure
tenants receive proper notifications when developments become at-risk to
converting to market-rate. Please see the Department's Building Blocks' website for
assistance at http://www.hcd.ca.oov/hpd/housino element2/PRO atrisk.php.
Once the element has been revised to address these requirements, it will comply with
State housing element law. If you have any questions or need additional technical
assistance, please contact Brett Arriaga, of our staff, at (916) 445-5888.
Sincerely,
4/.&.,y1/~
Glen A. Campora
Assistant Deputy Director
Enclosure
Link: February 18, 2010 review: http://tinvurl.com/SanBernadino021810
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C (OFD)y
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING THE 2011 UPDATE OF THE GENERAL
4 PLAN HOUSING ELEMENT .
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL O
7 THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. Recitals.
9 WHEREAS, State law requires each city and county to update its General Plan Housing
10 Element periodically, pursuant to the process, content requirements and schedule specified in
11 Government Code Sections 65580—65590; and
12 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
13 General Plan Housing Element (2003 Housing Element) for the 1998 — 2005 Regional Housing
14 Needs Assessment(RHNA)Planning Period by Resolution No. 2003-189 on July 21, 2003; and
15 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
16 General Plan for the City, including the 2003 Housing Element by Resolution No. 2005-362 on
17 November 1, 2005; and
18 WHEREAS, the 2003 Housing Element has been updated for the 2006 — 2014 RHN
19 planning period pursuant to Government Code Section 65580 — 65590, and is recommended fox
20 adoption as the 2011 Draft Housing Element update by General Plan Amendment No. 11-01; an
21 WHEREAS, the State Department of Housing and Community Development (HCD) has
22 reviewed the 2011 Draft Housing Element update and on February 8, 2011, found it to comply
23 with State housing element law, subject to completion of specific revisions; and
24 WHEREAS, the 2011 Draft Housing Element has been revised according to the February
25 8, 2011 recommendations of HCD; and
26 WHEREAS, an Initial Study was prepared to analyze potential impacts of the 2011 Drafl
27 Housing Element update and was circulated for public review pursuant to the California
Environmental Quality Act(CEQA); and
1
I WHEREAS, the Initial Study concludes that there is no substantial evidence suggesting
2 that the 2011 Draft Housing Element update, General Plan Amendment (GPA) No. 11-01 could
3 have a significant adverse impact on the environment, and therefore a Negative Declaration
4 should be adopted; and
5 WHEREAS, on May 25, 2011, the Planning Commission of the City of San Bernardino
6 conducted a noticed public hearing to receive and consider public testimony and written
7 comments concerning GPA No. 11-01,the 2011 Draft Housing Element update and the propose
s Negative Declaration, including the Planning Division Staff Report and recommended that the
9 Mayor and Common Council adopt the Negative Declaration and adopt GPA No. 11-01, the
10 2011 Draft Housing Element update; and
11 WHEREAS, on June 20, 2011, the Mayor and Common Council of the City of San
12 Bernardino conducted a noticed public hearing to receive and consider public testimony an
13 written comments concerning GPA No. 11-01, the 2011 Draft Housing Element update, and the
14 proposed Negative Declaration, including the Planning Division Staff Report and the
15 recommendation of the Planning Commission;
16
17 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED B
18 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO A
19 FOLLOWS:
20
SECTION 2. Findings of Fact:
21
22 A. General Plan Amendment No. 11-01, the 2011 Housing Element update, is internally
23 consistent with the General Plan. The Housing Element Update will keep housing policies an
24 programs current, to maximize the effectiveness of City efforts to provide housing opportunities;
25 both directly, through housing development and assistance programs, and indirectly by
26 facilitating private housing development. The Housing Element Update will maintain internal
27 consistency of the General Plan by supporting the following goals and policies of other Genera
Plan Elements:
s
2
1 Land Use Goal 2.1: "Preserve and enhance San Bernardino's unique neighborhoods."
2 Land Use Policy 2.1.4: "Provide assistance in the form of grants, loans, hom
3 improvement efforts, coordinated code and law enforcement, public right-of-way
4 maintenance and enhancement, and trash collection to help improve San Bernardino'
5 residential neighborhoods."
6
Land Use Polio: "Continue to provide special incentives and improvement
7 programs to revitalize deteriorated housing stock, residential neighborhoods, major
8 business corridors, and employment centers."
9
10
Economic Development Goal 4.10: "Optimize existing redevelopment project areas to
identify and prioritize development opportunities."
11
12 Economic Development Policy 4.10.1: "Utilize all available Redevelopment Agency/City
13 tools to revitalize and enhance strategic areas of the City."
14
15 B. General Plan Amendment No. 11-01, the 2011 Housing Element update, will not be
16 detrimental to the public interest, health, safety, convenience, or welfare of the City. The
17 proposed Housing Element Update will ensure compliance with State law relative to general plan
housing elements, and will guide City programs intended to maximize housing opportunities for
18
all income levels and groups with special housing needs in the City. The Draft Initial
19
Study/Negative Declaration demonstrates that the Housing Element will not have a significant
20 impact on the environment. Adoption of the Housing Element Update will, therefore, be
21 beneficial to the public interest, health, safety, convenience and welfare.
22
23 C. General Plan Amendment No. 11-01, the 2011 Housing Element update, will
24 maintain the appropriate balance of land uses within the City. The proposed Housing Element
25 Update does not necessitate any land use plan amendments to meet projected housing needs in
26 the City. Therefore, it will not affect the balance of land uses within the City.
27
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SECTION 3. California Environmental Quality Act: The Mayor and Common Council
I
has reviewed GPA No. 11-01, the 2011 Draft Housing Element update and the Initial Study an
2
proposed Negative Declaration, and based on the whole record before it, finds that (a) the
3
Negative Declaration was prepared in compliance with the California Environmental Quality
4 Act; (b)there is no substantial evidence that the 2011 Draft Housing Element update would have
5 a significant effect on the environment; and (c)the Negative Declaration reflects the independen
6 review, analysis and judgment of the Mayor and Common Council. Therefore, the Mayor an
7 Common Council hereby adopts the Negative Declaration prepared for the 2011 Draft Housing
s Element update, incorporated herein by reference.
9 SECTION 4. Amendment: The General Plan of the City of San Bernardino is hereby
10 amended pursuant to General Plan Amendment No. 11-01, to replace the 2003 Housing Elemen
II with the 2011 Housing Element update, attached as Exhibit A and incorporated herein by
12 reference.
13
,4 SECTION 5. Effective Date: This resolution shall become effective upon its adoptio
15 and execution.
16
17
1s
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23
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26
27
4
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO ADOPTING THE 2011 UPDATE OF THE GENERAL PLAN
2 HOUSING ELEMENT.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
s Common Council of the City of San Bernardino at a meeting thereof, held
6 on the day of , 20115 by the following vote,to wit:
�
Council Members: AYES NAYS ABSTAIN ABSENT
7
s
MARQUEZ
VACANT
9
BRINKER
10
SHORETT
11
KELLEY
12
JOHNSON
13
MC CAMMACK
14
15
16
17 Rachel Clark, City Clerk
is
The foregoing resolution is hereby approved this day of 52011.
19
20
21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
24
25 JAMES F. PENMAN,
City Attorney
26
27 By.
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