HomeMy WebLinkAbout2014-031 RESOLUTION NO. 2014-31
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3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 13-06 TO ADOPT
AND IMPLEMENT THE CITY OF SAN BERNARDINO GENERAL PLAN 2014-2021
5 HOUSING ELEMENT (CHAPTER 3) AND APPROVE AMENDMENTS TO ADD APPENDIX
6 16 (AN APPENDIX TO THE GENERAL PLAN LAND USE ELEMENT - CHAPTER 2) TO
COMPLY WITH SENATE BILL 244
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals:
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WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the General
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Plan for the City by Resolution No. 2005-362 on November 1, 2005; and
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WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the current
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Housing Element, known as the "4th Cycle Housing Element" (Chapter 3 of the General Plan) for the
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City by Resolution No. 2011-206 on June 23, 2011; and
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WHEREAS, the California Department of Housing and Community Development established
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new requirements for the 5th Cycle of Housing Elements, which mandate all local governmental entities
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in the State of California adopt their respective 5th Cycle Housing Element no later than October 15,
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2013, with a 120-day grace period allowed; and
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WHEREAS, the California State Senate in September 2011, passed Senate Bill No. 244 (SB
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244), which requires cities in the State of California to identify Disadvantaged Unincorporated
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Communities (DUCs) within or adjacent to a city's sphere of influence in a city's General Plan, along
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with information regarding existing and planned water, sewer, and flood control infrastructure and fire
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protection services within those communities; and
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WHEREAS, pursuant to the requirements set forth in the California Environmental Quality Act
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(CEQA), an initial study was prepared for General Plan Amendment (GPA) No. 13-06, which was
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circulated for public review; and
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1 WHEREAS, the Initial Study concludes that there is no substantial evidence suggesting that the
2 project could have a significant adverse impact on the environment, and therefore a Negative
3 Declaration should be adopted; and
4 WHEREAS, on October 16, 2013, the Planning Commission held a study session to obtain
5 comments from the community and the Planning Commission, which were included within the draft of
6 the Housing Element sent to HCD and prepared for adoption by the City; and
7 WHEREAS, the Planning Commission held a noticed public hearing on January 15, 2014, in
8 order to receive public testimony and written and oral comments on General Plan Amendment 13-06,
9 and fully reviewed and considered the Planning Division Staff Report and the recommendation of the
10 Environmental Review Committee; and
11 WHEREAS, the Mayor and Common Council held a noticed public hearing on February 3,
12 2014, and fully reviewed and considered proposed General Plan Amendment 13-06, and the Planning
13 Commission and Environmental Review Committee recommendations and the Planning Division Staff
14 Report.
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16 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE
17 MAYOR AND COMMON COUNCIL AS FOLLOWS:
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19 SECTION 2. Findings of Fact:
20 A. The proposed amendment is internally consistent with the General Plan, in that the proposed
21 Housing Element Update builds upon and replaces the current Housing Element, and includes goals,
22 policies and implementation measures that are consistent with, and coordinate with, the remainder of the
23 General Plan. Further, the project also adds Appendix 16 (an appendix to the Land Use Element -
24 Chapter 2)to the General Plan to ensure compliance with SB 244.
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26 B. The proposed amendment would not be detrimental to the public interest, health, safety,
27 convenience, or welfare of the City, in that the proposed amendments will not directly result in
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1 development of any kind. Therefore,the public interest,health, safety, convenience and welfare will not be
2 affected.
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4 C. The proposed amendment would maintain the appropriate balance of land uses within the
5 City, in that as noted in Finding #2, above, the proposed amendments will not result in any development
6 potential. Therefore the balance of land uses will be maintained. However, a primary purpose of the
7 Housing Element is to ensure goals, policies and implementation measures are set forth to ensure that the
8 City provides a range of housing for all income levels, thus maintaining a housing balance appropriate to
9 meet the City's housing needs.
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11 D. The subject parcels are physically suitable (including, but not limited to, access,provision of
12 utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land
13 use designation and anticipated land use development. As noted above, the proposed amendments will not
14 directly result in development,and therefore,this Finding of Fact is not applicable.
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16 SECTION 3. California Environmental Quality Act:
17 The Mayor and Common Council have reviewed GPA No. 13-06, and the Initial Study and
18 proposed Negative Declaration, and based on the whole record before it, finds that (a) the Negative
19 Declaration was prepared in compliance with the California Environmental Quality Act; (b) there is no
20 substantial evidence that the proposed project would have a significant adverse effect on the
21 environmental; and (c) the Negative Declaration reflects the independent review, analysis, and judgment
22 of the Mayor and Common Council. Therefore, the Mayor and Common Council hereby adopts the
23 Negative Declaration prepared for GPA No. 13-06, incorporated herein by reference.
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25 SECTION 4. Amendment:
26 A. Chapter 3, Housing Element, of the General Plan is hereby amended pursuant to General
27 Plan Amendment No. 13-06, to replace the 2011 Housing Element with the 2014-21 Housing Element
28 update, as shown in Exhibit A, attached and incorporated herein by reference.
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1 B. Appendix 16 of the General Plan (an Appendix to the Land Use Element — Chapter 2) is
2 hereby adopted, as shown in Exhibit B, attached and incorporated herein by reference.
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4 SECTION 5. Effective Date: General Plan Amendment No. 13-06 shall become effective upon
5 the adoption and execution of this Resolution.
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7 SECTION 6. Notice of Determination: The Community Development Department is hereby
8 directed to file a Notice of Determination with the County Clerk for the County of San Bernardino,
9 regarding the City's adoption of the Negative Declaration for GPA No. 13-06.
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2014-31
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 13-06 TO ADOPT
AND IMPLEMENT THE CITY OF SAN BERNARDINO GENERAL PLAN 2014-2021
3 HOUSING ELEMENT (CHAPTER 3) AND APPROVE AMENDMENTS TO ADD APPENDIX
4 16 (AN APPENDIX TO THE GENERAL PLAN LAND USE ELEMENT - CHAPTER 2) TO
COMPLY WITH SENATE BILL 244
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6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a3 oint adjourned reg l
-een arng thereof, held on the
8 10th day of February , 2014, by the following vote,to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ X
12 JENKINS X
13 VALDIVIA x
14 SHORETT X
15 VACANT
16 JOHNSON X
17 MULVIHILL x _
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AL l 4. 4 / ' A'
19 Georgea Hanna, y5lerk
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21 The foregoing resolution is hereby approved this I l day of February , 2014.
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11.1111104i. Cr4ev.4".
23 Patrick . Morris,
24 City of :an Bernardino
Approved as to form:
25 Gary D. Saenz,
City Attorney
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27 By: ? (.12.4-■cx_61,tA‘iff.2_,--.1-
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