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RESOLUTION NO. -2024
A RESOLUTION OF THE CITY COUNCIL OF CITY OF BARSTOW, ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE 2014-2020 5TH CYCLE HOUSING
ELEMENT AND ADOPT THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2021-2029, IN COMPLIANCE WITH STATE HOUSING ELEMENT LAW.
WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Barstow (City) regional housing need allocation (RHNA) of 1,520 housing units, comprised of 172 very-low income units, 228 low-income units, 300 moderate-income units, and 820 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, City of Barstow has prepared Housing Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the City mailed a public notice to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and
WHEREAS, No California Native American tribe requested consultation.
WHEREAS, the City conducted extensive community outreach over the last 4 years including 18 various public meetings and 1 public workshop before the City Council; and WHEREAS, in accordance with Government Code Section 65585 (b), prior to adoption of AB 215, the City submitted a draft of the Housing Element to the State Department of Housing and Community Development (HCD) on August 2, 2021; and
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WHEREAS, on September 7, 2021, the City posted the draft Housing Element and requested public comment for a 30-day review period; and
WHEREAS, on September 21, 2021, the City received a letter from HCD providing its findings regarding the draft Housing Element; and
WHEREAS, on October 1, 2021, the City published a revised draft Housing Element responding to HCD’s findings and requested public comment on the draft; and WHEREAS, on March 16, 2022, the City received a letter from HCD providing its findings regarding the draft Housing Element; and
WHEREAS, in accordance with Government Code Section 65585 (b), on June 25, 2024, the City posted the draft Housing Element and requested public comment for a 7-day review period, and on July 2, 2024, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on August 15, 2024, the City met with and received notification from HCD providing its findings regarding the draft Housing Element; and WHEREAS, in accordance with Government Code Section 65585 (b), on August 22, 2024, the City posted the draft Housing Element and requested public comment for a 7-day review period, and on August 29, 2024, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and WHEREAS, on September 27, 2021, the Planning Commission held a duly and properly noticed public hearing and recommended that the City Council adopt the Housing Element; and WHEREAS, on November 4, 2024, the City Council conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. That this General Plan Amendment will not adversely affect the objectives, policies, general land uses or programs specified in the General Plan because this proposal incorporates and is consistent with said objectives, policies, general land uses and programs identified in the plan; and
3. That this General Plan Amendment will not be detrimental to the health, safety and general welfare of the residents in the community because this proposal is consistent with the Hazards Element of the General Plan and new development shall be subject to further environmental review/discretionary action; and
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4. That this General Plan Amendment will not adversely affect the orderly development of the properties and/or area as it is consistent with objectives, policies, general land uses and programs identified in the General Plan.
5. The Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq., and contains all provisions required by State Housing Element Law.
6. As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the City of Barstow dated August 30, 2024, consistent with Government Code Section 65585(f), the City Council has changed the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.
7. The City of Barstow 2015-2020 5th Cycle Housing Element is hereby repealed in its entirety, and the City of Barstow 2021-2029 6th Cycle Element, as attached to this Resolution, incorporated herein, is adopted.
8. This Resolution shall become effective upon adoption by the City Council.
9. The Community Development Director or designee is hereby directed to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department to achieve certification.
10. The Community Development Director or designee is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
PASSED AND ADOPTED by the City Council of the City of Barstow at a regular meeting of said Council held on November 4, 2024, by the following vote:
AYES:
NOES:
ABSENT:
_______________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Andrea Flores, City Clerk Matthew T. Summers, City Attorney