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