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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. ~~~ 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 ~\NG v-Z-......._ ~"1-G . . . B B ~ ;J:~l."~ -s l G 0 ~DE.\J~" January 16,2002 ): - , ~ 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. -....."'_. ......~. <;T.\TF nFr-\! IFmp"IA .R! '~I'\JF"" TR -\>..;<;;.pnRT \Tl0'" A"O HOI"<;I'\l(; At-:p"ry . 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 ~ ~3.3176 FAX \91013::'7-::.bJ3 r;?\~\'~.l.::.-"":M .___ EXHIBIT 4 ~::( i~~~~H":i) C-~~ .,}'"....'- Y DE........ November 7. 2002 OO~N~~2D;2~@ 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