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HomeMy WebLinkAboutItem No. 14 - Memo- Supplemental Information for 06-05-2024 MCC MeetingCity of San Bernardino CORRECTION, REVISION, SUPPLEMENTAL INFORMATION TO COUNCIL STAFF REPORT Date: June 5, 2024 To: Honorable Mayor and City Council Members From: Rochelle Clayton, Acting City manager Gabriel Elliott, Director of Community Development and Housing Department Subject: Revision for Agenda Item 14 – 2021 – 2029 Housing Element Staff is providing supplemental information for item N0. 14, 2021 – 2029 Housing Element. A question was posed regarding a letter from the Housing and Community Department (HCD) dated May 10, 2024, which was not attached to the staff report. The letter is being attached to provide clarification on the reason why the Mayor and City Council must approve a resolution indicting how the City of San Bernardino will permit owner-occupied and rental multifamily uses by right for developments in which 20 percent (%) or more of the units are affordable to lower-income households (Government Code Section 65583.2 (h)). By right means local government review must not require a Conditional Use Permit (CUP), Planned Unit Development, or other discretionary review or approval that would constitute a “project” for purposed of Division 13 (commencing with Section 21000) of the Public Resources Code (Gov. Code Section 65583.2 (i)). Attachment: HCD Letter Dated May 10, 2024 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor May 10, 2024 Charles Montoya, City Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 Dear Charles Montoya: RE: City of San Bernardino’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of San Bernardino’s (City) housing element adopted February 21, 2024,received for review March 12, 2024, and Ordinance No. MC-1627 dated March 7, 2023, received April 15, 2024. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. The adopted housing element meets most of the statutory requirements of Housing Element Law (Gov. Code, Article 10.6) described in HCD’s February 16, 2024, review. However, the housing element cannot be found in full compliance until the City has completed all actions in Program 1.1 (RHNA Site Inventory) to carry out necessary rezones to address the shortfall of sites to accommodate the Regional Housing Needs Allocation (RHNA). Pursuant to AB 1398, a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones pursuant to Government Code section 65583.2, subdivision (c) is completed. While Ordinance No. MC-1627 meets most requirements in Program 1.1, it must demonstrate those rezonings meet all requirements in Government Code section 65583.2, subdivisions (h) and (i). Specifically, the ordinance does not indicate if the City now permits owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households (Gov. Code § 65583.2 (h)). By-right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval that that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code (Gov. Code § 65583.2 (i)). The element cannot be found in substantial compliance until the City can demonstrate the rezones meet these statutory requirements. Once the City completes the program, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov Charles Montoya, City Manager Page 2 Additionally, pursuant to paragraph 38 of the Stipulated Final Judgment and Order (Stipulated Judgment), HCD hereby provides notice of the City’s failure to comply with paragraph 22 of the Stipulated Judgment. Accordingly, under paragraph 38 of the Stipulated Judgment, the City has 21 calendar days from the date of this letter to cure this failure before the City Consequence provisions of the Stipulated Judgment are triggered. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB1) Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact, Reid Miller of our staff, at Reid.Miller@hcd.ca.gov. Sincerely, Melinda Coy Proactive Housing Accountability Chief