Staff Report— GPA 21- 01 and MND 21-01
December 6, 2021
DISCUSSION
Regional Housing Needs Allocation (RHNA)
To address the existing and projected housing needs of all economic segments of the community, the State Housing Element Law mandates RHNA as part of the process in updating the City's Housing Element of the General Plan. The RHNA quantifies the need for housing within each city during specified planning periods, which is typically every 8 years. Cities are obligated to provide their "fair share" of regional housing needs, as determined by California Department of Housing and Community Development (HCD) and as distributed by Southern California Association of Governments (SCAG). SCAG distributes the RHNA based on population and employment growth, job accessibility, and transit accessibility of the city.
For the 6th cycle RHNA, which covers the 2021-2029 planning period, HCD allocated 1,344,740 units to the Southern California region. SCAG allocated a total of 3,735 units for the City of Bellflower, including 507 (13%) of extremely low, 508 (14%) very low, 488 13%) low, 553 (15%) moderate, and 1,679 (45%) above moderate units. After accounting for residential units that are already approved or pending approval (214 units), there remains a need to plan for 3,521 more units in the City. The City must demonstrate the ability to meet the remaining housing needs by providing an adequate number of sites to allow for and facilitate production of housing.
Mitigated Negative Declaration
The City prepared an Initial Study (IS) and Mitigated Negative Declaration (MND) in accordance with California Environmental Quality Act (CEQA) Guidelines to evaluate potential environmental impacts resulting from the Bellflower 2021-2029 Housing Element. In addition, the IS and MND evaluated future amendments to the Downtown Bellflower Transit Oriented Development Specific Plan and the future zone changes needed to implement the Housing Element.
Although SCAG allocated a total of 3,735 units for the City of Bellflower, the IS and MND evaluated a total of 4,147 residential units that could potentially be built within selected areas and the downtown area of the City. A higher number of residential units was evaluated by the MND to possibly provide for a wide variety of housing opportunities throughout the City. The IS and MND were sent to 53 stakeholders. In addition, the Notice of Intent to Adopt the MND was filed with the Los Angeles County Recorder's Office and the Governor's Office of Planning and Research. The 30-day public review period for the MND began on October 21, 2021 and ended on November 22, 2021. During the review period, the City received six comment letters and responses to those comment letters are included in Attachment 2.
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Staff Report— GPA 21-01 and MND 21-01
December 6, 2021
Housing Element
State Law: The Housing Element is one of the mandated elements of the City's General Plan. Housing Element Law, enacted in 1969, mandates that each city adequately plan to meet the existing and projected housing needs. In order for the City to be in compliance with the Housing Element Law, the City must adopt land use plans and regulatory systems which provide opportunities for, and do not unduly constrain, housing development. HCD reviews the Housing Element for compliance with State Law. Pursuant to State Law, the following broad categories are required to be addressed in the Housing Element:
1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of the housing needs;
2) Statements of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and 3) Programs that set forth a schedule of actions during the planning period.
Housing Plan / Goals: Government Code Section 65583 specifies additional Housing Element requirements that need to be included within each of the above-mentioned categories including, without limitation, a Housing Plan. In accordance with State law, the Housing Element must contain a "Housing Plan" that identifies long-term housing goals and shorter-term policies to address the identified housing needs. The implementation of the goals and policies are achieved through housing programs. The housing programs identify specific actions the City plans to undertake toward achieving each goal and policy.
Bellflower's housing goals, policies, and programs address the following five major areas:
1) Maintain and enhance the quality of existing housing and residential neighborhoods;
2) Provide a variety of housing types to accommodate special needs groups and all economic segments of the City;
3) Minimize the impact of governmental constraints on housing production and affordability;
4) Promote equal housing opportunities for all residents; and 5) Identify adequate sites to achieve a variety of housing.
Affirmatively Furthering Fair Housing (AFFH): Since the last Housing Element (5th cycle), the State amended the law to require that public agencies address AFFH. AFFH seeks to combat housing discrimination, eliminate racial bias, undo historic patterns of segregation, and lift barriers that restrict access in order to foster inclusive communities and achieve racial equity, fair housing choice, and opportunity for all. With the passage of Assembly Bill 686 (2018), public agencies are now obligated to affirmatively further fair housing. AB 686 requires public agencies to explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation and to promote more inclusive communities. In addition, AB 686 requires that Housing Elements include an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources, and concrete actions in the form of programs to affirmatively further fair housing. As addressed in the draft Housing Element, the sites 589
Staff Report— GPA 21-01 and MND 21-01
December 6, 2021
identified to accommodate the lower-income need are not concentrated in low-resourced areas (e.g., lack access to high performing schools, proximity to jobs, location disproportionately exposed to pollution or other health impacts) or areas of segregation and concentrations of poverty.
Housing Opportunity Areas (HOA): In order to facilitate the development of affordable housing and accommodate the City's remaining RHNA, the City identified 11 HOAs that includes more than 300 parcels with a total area of approximately 125.9 acres. Study Sessions with the City Council and Planning Commission to help determine the HOAs were held earlier this year. The identified HOAs are zoned for residential and commercial/mixed use that are underutilized and are likely to be redeveloped. Five (5) of the HOAs are proposed to allow an increased residential density of 30 units per acre; three (3) of the HOAs are proposed to allow an increased residential density of 40 units per acre; and three (3) of the HOAs are proposed to allow an increased residential density of 100 units per acre. Four (4) of the HOAs are currently located within the Transit Oriented Development Specific Plan (TOD SP) area, where the highest residential density at 100 units per acre) is currently allowed. In order to facilitate the development of additional units, it would be reasonable to further expand the areas within the TOD SP that would allow for the 100 units per acre. The amendments to the zoning designations, including amending the TOD SP, and the amendments to the general plan land use element will be brought before the Planning Commission and the City Council at a later time.
Public Review: In order to determine what housing plan and programs would be suitable for the City, a virtual community workshop was conducted in March 2021 and a survey was conducted in April 2021 for the Draft Housing Element. Also in April 2021, the Planning Commission took action to receive and file the revised HOA map. In addition, the Draft Housing Element was submitted for HCD's preliminary review in July 2021, following a public review period. Since July 2021, Planning Staff and our Consultant have been addressing comments provided by HCD on the City's Draft Housing Element. The draft Housing Element was made available for public review throughout its preparation and revisions.
Housing Element Adoption Timeline: By law, the Housing Element and associated environmental documents must be updated, certified by HCD, and adopted by the City Council within 120 days of the October 15, 2021 statutory deadline (by February 12, 2022). If the City fails to comply, the City would not be eligible for State grants and funding sources. In addition, the City's housing element would be subject to potential action by the Attorney General.
Because of the fast-approaching deadline and the long HCD review process, staff completed the CEQA requirements and began the public hearing process prior to receiving certification from HCD. If HCD requires additional revisions to the draft Housing Element after its adoption, then it would need to be presented to the City Council, along with any additional updates.
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Staff Report— GPA 21-01 and MND 21-01
December 6, 2021
Ms. Sarah Walker from National Community Renaissance (National CORE), the City's Housing Element consultant, will be in attendance at the December 6, 2021, Planning Commission meeting to present and answer technical questions related to the Housing Element document. Should the Planning Commission adopt Resolution No. PC 21-10, the action would result in a recommendation to the City Council to adopt a resolution to approve General Plan Amendment Case No. GPA 21-01 and Mitigated Negative Declaration No. MND 21-01 associated with the Housing Element Update (2021-2029) of the General Plan.
ATTACHMENTS
1. Planning Commission Resolution No. PC 21-10
2. Mitigated Negative Declaration No. MND 21-01, Responses to Comments Document, and Mitigation Monitoring and Reporting Program
3. HCD's Letter Dated 09/20/2021 Re: Review of the City of Bellflower's 6th Cycle (2021- 2029) Draft Housing Element, and Memorandum to HCD Dated 10/ 18/2021 Re:
Resubmittal of the City of Bellflower's 6th Cycle (2021-2029) Draft Housing Element
4. Draft City of Bellflower 2021-2029 Housing Element
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CITY OF BELLFLOWER
RESOLUTION NO. PC 21-10
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL
APPROVE GENERAL PLAN AMENDMENT CASE NO. GPA 21-01 AND
MITIGATED NEGATIVE DECLARATION NO. MND 21-01 ASSOCIATED WITH THE HOUSING ELEMENT UPDATE (2021-2029) OF THE
GENERAL PLAN; APPLICANT: CITY OF BELLFLOWER
THE PLANNING COMMISSION RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission finds and declares as follows:
A. Government Code §§ 65300, et seq. require the City of Bellflower to adopt a comprehensive, long-term general plan for the physical development of the City including, without limitation, a Housing Element that consists of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement and development of housing;
B. The Housing Element is required to be updated every 8 years and the last Housing Element update was in 2013. It is in the public interest to amend the Housing Element to comply with California law;
C. The City reviewed the Housing Element's environmental impacts pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations (CCR) §§ 15000, et seq., the "CEQA Guidelines"); CEQA and CEQA Guidelines are collectively referred to as CEQA Regulations") and determined the nature of current modifications to the Housing Element, as set forth in attached Exhibit "A," which is incorporated by reference, if mitigated, would not cause any significant environmental impacts;
D. Notices of Public Hearing before the Planning Commission was duly given and published in the time, form, and manner as required by law;
E. On December 6, 2021, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the General Plan Amendment and Mitigated Negative Declaration including, without limitation, information provided by staff to the Planning Commission; and
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Resolution No. PC 21-10
F. The Planning Commission considered the information provided by City staff, and public testimony. This Resolution, and its findings, is made based upon the evidence presented to the Planning Commission at its December 6, 2021 hearing including, without limitation, the staff report.
SECTION 2. Factual Findings and Conclusions. The Planning Commission finds that the following facts exist:
A. In accordance with Government Code Section 65588, the City is required to periodically review, revise, and update the Housing Element of the General Plan, which was adopted on September 23, 2013;
B. The 5th Cycle Housing Element (adopted by Resolution No. 13 -56) requires updating and the City desires to comply with the State Guidelines;
C. The draft 6th Cycle Housing Element (2021-2029) has been prepared which complies with Sections 65583 et. seq., of the State of California Government Code;
D. In accordance with Government Code Section 65588, the City reviewed, revised, and prepared a draft Housing Element to encompass a time period from 2021-2029;
E. In accordance with Government Code Section 65585, the City prepared a draft Housing Element Update, which was subm itted to the State Department of Housing and Community Development (HCD) for its review and findings; and
F. An Initial Study (IS) and Mitigated Negative Declaration (MND) was prepared for the draft Housing Element, and was reviewed by the Planning Commission on December 6, 2021.
SECTION 3. Environmental Assessment. The Planning Commission finds and declares as follows:
A. An IS and MND of Environmental Impact were prepared for the Bellflower 2021-2029 Housing Element (General Plan Amendment Case No. GPA 21- 01), the future Downtown Bellflower Transit Oriented Development Specific Plan Amendment, and future Zone Changes, in accordance with the provisions of the California Environmental Quality Act (CEQA), State CEQA Guidelines, and the City of Bellflower's Procedures for Implementing CEQA;
B. In addition to the Housing Element Update, the IS and MND analyzes potential changes to the Downtown Bellflower Transit Oriented Development Specific Plan and future zone changes. An amendment to the Downtown Bellflower Transit Oriented Development Specific Plan and future land use regulation changes, such as zone changes, are contemplated to implement 593
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Resolution No. PC 21-10
the 2021-2029 Housing Element. The land use regulations for the Downtown Bellflower Transit Oriented Development Specific Plan Amendment and future zone changes will require separate consideration.
C. The IS and MND, as set forth in attached Exhibit "B," which is incorporated by reference, were made available to the public for review a nd comment from October 21, 2021 and closed on November 22, 2021;
D. The Notice of Intent to Adopt was published in the Herald American Bellflower Edition, filed with the Los Angeles County Clerk, and mailed to other appropriate public agencies on October 21, 2021, and the Notice of Completion was mailed to the State Clearinghouse on October 20, 2021 ;
E. The IS and MND were prepared, which means that the Bellflower 2021-2029 Housing Element, the future Downtown Bellflower Transit Oriented Development Specific Plan Amendment, and future Zone Changes will not have a significant adverse effect on the environment with implementation of proposed mitigation measures; and
F. A public hearing was held by the Planning Commission of the City of Bellflower on December 6, 2021, at which time evidence was heard on the IS and MND. The Planning Commission fully reviewed and carefully considered the IS and MND, together with any comments received during the public review period.
G. Accordingly, based upon the evidence presented to the Planning Commission, the City need not prepare an environmental impact report for the proposed project. Consequently, the Planning Commission recommends that the City Council adopts the draft MND.
SECTION 4. General Plan Findings. As required under Government Code §65300.5, the proposed Housing Element Update is internally consistent and contains compatible statement of policies with the Genera l Plan and other six elements.
Implementation of the Housing Element will meet relevant goals and policies of California law and, specifically, regulations affecting the Housing Element. The Housing Element is consistent with Goal 5 of the Housing Element to “identify adequate sites to achieve housing variety."
SECTION 5. Approval. Based on the foregoing, the Planning Commission recommends to the City Council adoption of IS, MND 21-01, and GPA 21-01 (the 6th Cycle Housing Element for the period of 2021-2029) as set forth in Exhibits “A” and “B,” which are incorporated by reference.
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City of Bellflower
Resolution No. PC 21-10
SECTION 6. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the Planning Commission’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 7. Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 8. Limitations. The Planning Commission’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 9. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the Planning Commission intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SECTION 10. Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 11. Effective Date. This Resolution is the Planning Commission’s final decision and will become effective immediately upon adopti on and remain effective until superseded by a subsequent resolution.
SECTION 12. The Planning Commission Secretary is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
SECTION 13. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
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City of Bellflower
Resolution No. PC 21-10
SECTION 14. The Planning Commission Chairman, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the Planning Commission of the City of Bellflower, and the Planning Commission Secretary, is directed to attest thereto.
PASSED, APPROVED, AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF BELLFLOWER THIS 6th DAY OF DECEMBER 2021.
George Franzen, Chairman
Attest:
Elizabeth Corpuz, Secretary
Approved as to form:
Timothy E. Campen, Assistant City Attorney
Exhibit A – Draft 2021-2029 Housing Element
Exhibit B – IS and MND 21-01
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