Attachment 9D
Kelly Lucia, Planning Manager
Further, the Ordinances do not appear to meet minimum density and residential only performance standards pursuant to Government Code sections 65583.2, subdivisions (h) and (i). Finally, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h). The City may need to adjust its rezoning strategy, if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.
Further, HCD understands the City has not completed Program Action H-3.2 (Use of 5th Cycle Housing Sites) to make prior identified sites available in the planning period pursuant to Government Code section 65583.2, subdivision (c).
Finally, Chapter 654, Statutes of 2022 (AB 2339), adds additional specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. These new requirements apply to this submittal of the housing element. While the element has Program H-2.8 (Emergency, Transitional and Supportive Housing), the Program should specifically commit to address these new requirements. For example, the Program should commit to amend the definition of emergency shelter, identify a zone that allows residential uses, sufficient capacity to meet the need for emergency shelters based on specified criteria, including proximity to transportation and services and appropriate development standards in compliance with statutory requirements.
To address these requirements, the City should submit an adopted element that addresses new requirements for emergency shelters and either submit zoning that meets all requirements pursuant to Government Code section 65583.2, subdivisions (c), (h) and (i), including completion of Program Action H-3.2 (Use of 5th Cycle Housing Sites) or provide additional documentation to demonstrate compliance with the statutory requirements described above. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Kelly Lucia, Planning Manager
For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jamillah Williams, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
1 TECHNICAL MEMORANDUM
To: Kelly Lucia, Planning Director
From: Rita Garcia, Environmental Project Manager
Kiana Graham, AICP, Deputy Project Manager
Date: July 12, 2024
Subject: City of Calimesa 2021-2029 Housing Element CEQA Determination
INTRODUCTION
This Technical Memorandum evaluates the City of Calimesa 2021-2029 Housing Element (“2021-2029 Housing Element” or “the Project”) concerning California Environmental Quality Act (CEQA) compliance.
This Technical Memorandum was prepared to present: 1) the findings of the CEQA compliance review, as described below; and 2) the recommendations concerning the appropriate CEQA compliance documentation.
STATUTORY AUTHORITY AND REQUIREMENTS
State CEQA Guidelines Section 15061 – Review for Exemption Once it has been determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061, a project is exempt from CEQA if:
1) The project is exempt by statute (see State CEQA Guidelines Article 18, commencing with §15260). 2) The project is exempt pursuant to a Categorical Exemption (CE) (see State CEQA Guidelines Article 19, commencing with §15300) and the application of that CE is not barred by one of the exceptions set forth in State CEQA Guidelines Section 15300.2.
3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
4) The project will be rejected or disapproved by a public agency. 5) The project is exempt pursuant to the provisions of Article 12.5 - Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.
Attachment 9E
2 PROJECT DESCRIPTION
The Housing Element is a state mandated chapter of the Calimesa General Plan that establishes the City of Calimesa’s (“City”) official housing policies and programs to accommodate the Regional Housing Needs Assessment (RHNA) goals, as determined by the Southern California Association of Governments (SCAG).
The Housing Element identifies and analyzes the City’s housing needs and includes a detailed outline and work program of the City’s goals, priorities, and quantified objectives to develop housing. The Housing Element also addresses the maintenance and expansion of the City’s housing supply to accommodate households currently living and expected to live in Calimesa in the housing cycle. For the 6 th Cycle (2021-
2029) planning period, SCAG allocated 2,017 housing units to the City, apportioned by the following income categories: 495 units affordable to very low-income households; 275 units affordable to lowincome households; 379 units affordable to moderate-income households; and 868 units affordable to above-moderate (market-rate) income households.
The proposed Housing Element represents the City’s policy program for the 6th Cycle 2021-2029 planning period. The 2021-2029 Housing Element is a comprehensive review and update to the previous Housing Element, which covered the 5th Cycle 2013-2021 planning period. The proposed Housing Element is comprised of four Chapters (i.e., Introduction, Community Profile, Housing Constraints and Resources, and Housing Plan).
The Housing Plan addresses the City’s identified housing needs, including housing goals, policies, and programs and discusses the City’s approach to addressing its share of the regional housing need. The Housing Plan includes an Adequate Sites Analysis, which the City conducted to satisfy their RHNA allocation. The identified housing sites represent the City’s ability to accommodate housing at the designated income levels within the 2021-2029 planning period. These sites are either residentially-zoned, within a specific plan entitled for residential development, currently in the pipeline, or identified for rezoning to accommodate the City’s remaining need.
The City prepared a parcel-specific land inventory of the sites through various methods, including the following: identification of capacity on existing, residentially-zoned sites and specific plans; identification of capacity on existing, mixed-use zoned sites which permit residential uses; future development of accessory dwelling units (ADUs); projects currently in the pipeline; and identification of land for rezoning to accommodate remaining RHNA allocation. The City’s potential development capacity totals 11,714 units on 152 sites throughout the City, which includes 2,248 units currently within the planning process (Pipeline Projects), 32 ADUs, 8,064 units of existing capacity (based on existing General Plan land use and zoning), and 1,370 units through two Residential Infill Priority Area Overlay Zone Areas. 1 The Housing Plan
shows the City has the capacity to meet their 2021-2029 RHNA allocation through the above-identified methods, with a surplus of 9,697 units (481 percent surplus). 2 The Housing Plan shows projects currently
within the planning process would entirely meet the City’s above moderate-income need and a combination of ADUs and existing capacity sites would entirely meet the moderate-income need. The combination of ADUs and existing capacity sites alone would not meet the City’s lower-income need, therefore, the City proposed rezoning (i.e., Residential Infill Priority Area Overlay Zone Area 2) to meet this need.
1 City of Calimesa (2023). Calimesa Housing Element Table B-1: Summary of RHNA Status and Sites Inventory.
Calimesa, CA: City of Calimesa.
2 Ibid.
3 The 2021-2029 Housing Element’s Housing Plan includes Goals, Policies, and Program Actions aimed at providing additional housing opportunities, removing governmental constraints to affordable housing, improving the condition of existing housing, and providing equal housing opportunities for all residents.
The Project does not propose to implement or result in housing development. Additionally, the Project does not propose to implement any program action that could have a significant effect on the environment or that was not previously analyzed in a CEQA document. It is noted, Housing Element Program Action H-3.1: Establish a Rezone Program for Unaccommodated RHNA Need for the 2021-2029 Planning Period, Program Action H-3.2: Use of 5th Cycle Housing Sites, and Program Action H-3.20: Use of Sites from Previous Housing Element Cycles, which could have significant effects on the environment, were previously analyzed in the Draft Environmental Impact Report for the Residential Infill Priority Area Overlay Zone (RIPAOZ) Project (“RIPAOZ EIR”) (SCH No. 2022030754) (Albert A. Webb Associates, March 2023). Additionally, the City adopted the RIPAOZ by Resolution on October 16, 2023.
FINDINGS CONCERNING CEQA COMPLIANCE/CEQA EXEMPTION
Kimley-Horn has completed the Project’s CEQA compliance review, as discussed below.
Residential Infill Priority Area Overlay Zone (RIPAOZ) Project Environmental Impact Report The RIPAOZ EIR was intended to address the change from the existing residential development allowed by right pursuant to the City’s Municipal Code Title 18 and General Plan, to the conditions of the proposed RIPAOZ.
3 The RIPAOZ EIR evaluated 36 parcels throughout the City and a maximum allowable housing capacity within the RIPAOZ of 2,156 units.4The Housing Element assumed 1,370 units through two Residential Infill Priority Area Overlay Zone Areas.
5 The Housing Element’s 1,370 units involved rezoning
34 parcels, which were included in the 36 parcels evaluated in the RIPAOZ EIR. Similarly, the 34 parcels the Housing Element assumed for rezoning included eight 4th Cycle parcels and three 5 th Cycle parcels.
Therefore, the sites and development capacity proposed under Program Actions H-3.1 and H-3.2 were previously analyzed in the RIPAOZ EIR.
Exemption Justification Under Common-Sense Exemption
The Project proposes an update the City’s Housing Element and includes Policies and Program Actions to meet the City’s 6th Cycle RHNA allocation. Attachment A: Calimesa 2021-2029 Housing Element Program Review Matrix, summarizes the 2021-2029 Housing Element Policies and Program Actions, compares these to the 2013-2021 Housing Element Policies and Program Actions, and provides summary findings concerning the potential for the proposed Policies and Program Actions to have a significant effect on the environment. As concluded in Attachment A, the proposed Policies and Program Actions either could not have a significant effect on the environment or were previously analyzed in the RIPAOZ EIR.
Additionally, the 2021-2029 Housing Element does not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Zoning Code (Municipal Code Title 18). Future housing development pursuant to the 2021-2029 Housing Element would be subject to compliance with the established regulatory framework, namely federal, state, regional, and local laws, ordinances, and regulations, including the General Plan policies, Municipal Code standards, and Standard Conditions of Approval. While by-right housing projects may be exempt from CEQA, all future housing 3 City of Calimesa. (2023) Residential Infill Priority Area Overlay Zone DEIR. Pages 3-26 and 3-29. Calimesa, CA:
Albert A. Webb Associates.
4 City of Calimesa. (2023). Residential Infill Priority Area Overlay Zone DEIR Table 3.0-1, Existing and Proposed Project Characteristics. Calimesa, CA: Albert A. Webb Associates. 5 Ibid.
4 development pursuant to the 2021-2029 Housing Element would be subject to compliance with the established regulatory framework, which can include supporting technical reports.
As is evidenced by the analysis presented in Attachment A, and given the nature and scope of the proposed Project as discussed above, it can be seen with certainty that the proposed Project would not have a significant effect on the environment. As such, the Project qualifies as being exempt from CEQA under the common-sense exemption pursuant to State CEQA Guidelines Section 15061(b)(3). Therefore, it has been determined that a Notice of Exemption is the appropriate CEQA documentation.
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-1
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Goal H-1: Encourage the improvement, maintenance, and rehabilitation of the existing housing stock.
Policies H-1.1, H-1.2, H-1.3, and H-1.4 X
There are no policy changes between the
5 th and 6th Cycle Housing Elements.
Moreover, these policies do not
implement or result in direct housing
development. Therefore, these policies
would not have a significant effect on the
environment.
-
Program Action H-1.1:
Energy Conservation in
Existing and New Housing
Development
X
This Program Action addresses the City’s
continued enforcement of the energy
conservation requirements prescribed in
the California Building Code, Title 24, and
California Green Building Standards. This
Program Action does not implement or
result in direct housing development.
Rather, the City would encourage energy
conservation through the retrofit of
existing homes by continuing to allow
energy efficiency improvements as an
eligible activity under its Housing
Rehabilitation Program. This Program
Action does not grant permits or
implement the retrofit of existing homes.
Therefore, this Program Action would not
have a significant effect on the
environment.
Action H-1.1.2
Program Action H-1.2:
Non-Profit Entity
Participation in
Affordable Housing
X
This Program Action addresses the City’s
effort to seek and encourage nonprofit
organizations to sponsor affordable
housing projects. This Program Action
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-2
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
does not implement or result in direct
housing development. Rather, this
Program Action involves directing
interested agencies/ sponsors to potential
sites and collaborating with them on
applications for State and federal funding.
Therefore, this Program Action would not
have a significant effect on the
environment.
Action H-1.1.3
Program Action H-1.3:
Accessibility to Persons
with Disabilities
X
This Program Action relates to compliance
with State and federal standards for
access for the disabled and enforcement
of the provisions of the American with
Disabilities Act (ADA) for new housing
development. This Program Action does
not implement or result in direct housing
development. Rather, this Program Action
involves accessibility improvements for
homes occupied by disabled persons as an
eligible activity under its Housing
Rehabilitation Program. Therefore, this
Program Action would not have a
significant effect on the environment.
Action H-1.1.5
Program Action H-1.4:
Reasonable
Accommodation
X
This Program Action addresses the City’s
efforts to continue to implement its
Reasonable Accommodation Ordinance,
which provides persons with disabilities
with a procedure to request reasonable
accommodation to housing under the
Federal Fair Housing Act and the California
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-3
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Fair Employment and Housing Act. This
Program Action does not implement or
result in direct housing development.
Rather, this Program Action involves the
review of conditions of approval for
reasonable accommodation and
subsequent revisions where appropriate
to ensure compliance with fair housing
laws. Therefore, this Program Action
would not have a significant effect on the
environment.
GOAL H-2: Promote housing access and equal opportunity for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, or disability.
Policies H-2.1, H-2.2 H-2.3, and H-2.4 X
There are no policy changes between the
5 th and 6th Cycle Housing Elements.
Moreover, these policies do not
implement or result in direct housing
development. Therefore, these policies
would not have a significant effect on the
environment.
-
Program Action H-2.1:
Affirmatively Furthering
Fair Housing
X
This Program Action addresses the City’s
efforts to affirmatively further fair housing
by taking meaningful actions in addition to
resisting discrimination, as defined by
State law. This Program Action does not
implement or result in direct housing
development. Rather, this Program Action
involves collaboration with local and
regional organizations to review any
housing discrimination complaints, assist
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-4
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
in dispute resolution, and, where
necessary, refer complainants to
appropriate state or federal agencies for
further investigation, action, and
resolution. Therefore, this Program Action
would not have a significant effect on the
environment.
Action H-2.2.1
Program Action H-2.2:
Section 8 Tenant Based
Rental Assistance
X
This Program Action addresses the City’s
efforts to continue to provide residents
with information regarding the availability
of the Section 8 Housing Choice Voucher
Program. This Program Action does not
implement or result in direct housing
development and is primarily
informational in nature. Therefore, this
Program Action would not have a
significant effect on the environment.
Action H-1.2.1
Program Action H-2.3:
Housing Rehabilitation
Program
X
This Program Action addresses the City’s
operation of a Housing Rehabilitation
Program, which provides financial
assistance in the form of loans and/or
grants for the rehabilitation of singlefamily homes that are occupied by lowerincome homeowners. This Program Action does not implement or result in direct
housing development. Rather, this
Program Action involves exploring the
possibility of offering rehabilitation
assistance for rental units and will
continue to apply for grant funding
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-5
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
annually for the continued operation of
the program. Therefore, this Program
Action would not have a significant effect
on the environment.
Action H-1.3.1
Program Action H-2.4:
Mobile Home Park
Preservation Program
X
This Program Action addresses the City’s
continued enforcement of the City’s
Mobile Home Rent Stabilization
Ordinance. This Program Action does not
implement or result in direct housing
development. Rather, this Program Action
involves the preservation of the existing
eight mobile home parks as affordable
housing alternatives in the City. Further,
this Program Action addresses the City’s
efforts to address the rent control
problems and grievances of mobile
homeowners and tenants. Therefore, this
Program Action would not have a
significant effect on the environment.
Action H-1.4.1
Program Action H-2.5:
Proactive Code
Enforcement
X
This Program Action addresses the City’s
continued proactive code enforcement of
nuisances. This Program Action does not
implement or result in direct housing
development. Rather, this Program Action
involves identifying substandard dwelling
units and encouraging rehabilitation
through the provision of technical support
and incentives. Further, this Program
Action involves the rehabilitation of
structures that do not meet current code
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-6
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
requirements by coordinating code
enforcement and housing rehabilitation
program activities. Therefore, this
Program Action would not have a
significant effect on the environment.
Action H-1.4.2 Program Action H-2.6:
Relocation Assistance X
This Program Action addresses the City’s
efforts to provide relocation assistance to
persons displaced by publicly assisted
projects. This Program Action does not
implement or result in direct housing
development. Therefore, this Program
Action would not have a significant effect
on the environment.
Action H-2.1.1 Program Action H-2.7:
Fair Housing Council X
This Program Action addresses the City’s
continued efforts to rely on the Fair
Housing Council of Riverside County to
resolve resident complaints and
tenant/landlord disputes. This Program
Action does not implement or result in
direct housing development. Rather, this
Program Action involves informing the
public of the availability of this service
through the City newsletter and
informational brochures/flyers.
Therefore, this Program Action would not
have a significant effect on the
environment.
-
Program Action H-2.8:
Emergency, Transitional
and Supportive Housing
X
This Program Action addresses the City’s
Municipal Code amendments to address
Supportive Housing Streamlined
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-7
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Approvals (AB 2162) and the Emergency
and Transitional Housing Act of 2019 (AB
139). This Program Action would not
implement or result in direct housing
development. Rather, this Program Action
is a Municipal Code amendment to comply
with State law. Therefore, this Program
Action would not have a significant effect
on the environment.
Action H-2.3.1
Program Action H-2.9:
Dissemination of Housing
Support and Referral
Services
X
This Program Action addresses the City’s
continued efforts to use the City
newsletter and brochures to advertise or
inform residents of services and programs
that are made available. This Program
Action does not implement or result in
direct housing development and is
primarily informational in nature.
Therefore, this Program Action would not
have a significant effect on the
environment.
Action H-2.4.1
Program Action H-2.10:
Community and
Stakeholder Engagement
X
This Program Action addresses the City’s
continued efforts to encourage
community participation in programing.
This Program Action does not implement
or result in direct housing development.
Rather, this Program Action involves
encouraging residents to attend City
Council and Planning Commission
meetings through publicity practices (e.g.,
advertising in local newspaper and City
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-8
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
newsletter). Therefore, this Program
Action would not have a significant effect
on the environment.
-
Program Action H-2.11:
Supportive Housing and
Low Barrier Navigation
Centers
X
This Program Action addresses the City’s
compliance with State law that requires
approval ‘by-right’ of supporting housing
with up to 50 units and low barrier
navigation centers that meet the
requirements of State law. This Program
Action does not implement or result in
direct housing development. Rather, this
Program Action involves the City’s
adoption of policies, procedures, and
regulations for processing low barrier
navigation centers to establish a nondiscretionary local permit approval process. Further, this Program Action
involves annual monitoring of the
effectiveness and appropriateness of
existing adopted policies. Therefore, this
Program Action would not have a
significant effect on the environment.
-
Action H-2.12: Housing
for Persons with
Developmental
Disabilities
X
This Program Action addresses the City’s
efforts to accommodate residents with
developmental disabilities through the
review and prioritization of housing and
rehabilitation. This Program Action does
not implement or result in housing
development. Rather, this Program Action
involves granting regulatory incentives to
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-9
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
projects targeted for persons with
developmental disabilities and
encouraging development of projects
targeted for special needs groups.
Therefore, this Program Action would not
have a significant effect on the
environment.
GOAL H-3: The City will provide opportunities for the development of new housing unitsto meet the housing needs of all economic segments of the population while preserving the natural environment and unique existing character and physical attributes of the community.
Policies H-3.1, H-3.2, H-3.3, and H-3.4 X
There are no policy changes between the
5 th and 6th Cycle Housing Elements.
Moreover, these policies do not
implement or result in direct housing
development. Therefore, these policies
would not have a significant effect on the
environment.
-
Program Action H-3.1:
Establish a Rezone
Program for
Unaccommodated RHNA
Need for the 2021-2029
Planning Period.
X
This Program Action addresses the City’s
establishment of a rezone program (i.e.,
Residential Infill Opportunity Overlay
Zone) to accommodate the City’s
remaining RHNA need (i.e., after
accounting for pipeline project units,
accessory dwelling units, units based on
existing General Plan land use and zoning).
The City will rezone adequate sites to
address the shortfall or unaccommodated
housing need. This Policy Action could
have a significant effect on the
environment. However, this Program
Action was previously analyzed in the
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-10
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Draft Environmental Impact Report for
the Residential Infill Priority Area Overlay
Zone (RIPAOZ) Project (“RIPAOZ EIR”)
(SCH No. 2022030754) (Albert A. Webb
Associates, March 2023).
-
Program Action H-3.2:
Use of 5th Cycle Housing
Sites
X
This Program Action addresses use of infill
sites that were identified in the 5th Cycle
Housing Element to accommodate the
Very Low and Low-income categories. This
Program Action also addresses the City’s
Municipal Code amendment to permit
residential uses by-right for housing
development projects in which at least 20
percent of the units are affordable to
lower-income households. The 5th Cycle
sites included in this Program Action are
included in the inventory of sites
proposed for rezoning discussed in
Program Action H-3.1 above. Therefore,
this Program Action could have a
significant effect on the environment.
However, this Program Action was
previously analyzed in the RIPAOZ EIR.
Action H-3.1.1
Program Action H-3.3:
Provision of
Infrastructure for Housing
Sites
X
This Program Action addresses the City’s
collaboration with Riverside County on
the provision of adequate infrastructure
and public services. This Program Action
does not implement or result in direct
housing development. Rather, the City will
continue to collaborate with the County
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-11
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
concerning infrastructure, including
coordinating County and City capital
improvement projects, setting priorities
for infrastructure and public facility
projects, through the City’s Capital
Improvement Program. Therefore, this
Program Action would not have a
significant effect on the environment.
Action H-3.2.1
Program Action H-3.4:
Inclusionary Housing
Ordinance
X
This Program Action addresses the City’s
adopted Inclusionary Housing Ordinance
that applies to developments containing
20 or more units and requires that five
percent be affordable to low-income
households. This Program Action does not
implement or result in direct housing
development. Rather, the Inclusionary
Housing Ordinance aims to provide
homeownership opportunities to lower
income households. Therefore, this
Program Action would not have a
significant effect on the environment.
-
Program Action H-3.5:
Accessory Dwelling Units X
This Program Action addresses the City
encouraging development of accessory
dwelling units (ADU). This Program Action
does not entitle or automatically permit
new ADU construction. Rather, this
Program Action involves creating a plan
that incentivizes and promotes the
development of ADUs that can be offered
at affordable rents for very-low to
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-12
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
moderate-income households. Therefore,
this Program Action would not have a
significant effect on the environment.
-
Program Action H-3.6:
Accessory Dwelling Units
Monitoring Program
X
This Program Action addresses the City’s
annual monitoring of its progress in
permitting ADUs. This Program Action
does not implement or result in direct
housing development. Rather, the City will
track applications for ADUs, location,
affordability, and other features.
Therefore, this Program Action would not
have a significant effect on the
environment.
Action H-3.2.3
Program Action H-3.7:
Housing Units in Mixed
Use Zones
X
This Program Action encourages
residential development in its mixed-use
zones by allowing administrative
processing of lot consolidation requests.
This Program Action does not implement
or result in direct housing development.
Further, any housing development
facilitated from the administrative
processing of lot consolidation would be
subject to the established regulatory
framework, including the City’s
development review and plan check
process. This Program Action does not
grant entitlements for housing
development in mixed-use zones.
Therefore, this Program Action would not
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-13
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
have a significant effect on the
environment.
Action H-3.3.1
Program Action H-3.8:
Down Payment
Assistance
X
This Program Action addresses the City’s
continued efforts to create and
implement a down-payment assistance
program for first-time homebuyers to
encourage homeownership. This Program
Action does not implement or result in
direct housing development. Therefore,
this Program Action would not have a
significant effect on the environment.
Action H-3.4.1
Program Action H-3.9:
Monitoring of Housing
Sites Inventory
X
This Program Action addresses the City’s
periodic update of the housing sites
inventory and working with property
owners/local developers to develop
identified infill properties with single- or
multi-family housing consistent with their
zoning. This Program Action does not
implement or result in direct housing
development. Rather, this Program Action
involves directing developers seeking
potential project sites in the City to
locations currently served by adequate
infrastructure and assist them in making
contact with property owners, help guide
them through the development review
process, and provide them with the
information needed for feasibility analysis
and due diligence. Further, the City will
consider offering incentives to encourage
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-14
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
the use of infill lots. Any future housing
development facilitated by this Program
Action would be subject to the established
regulatory framework regarding
environmental review. Future housing
development would be subject to the
City’s development review and plan check
process. This Program Action would not
grant any entitlements for housing
development on infill sites. Therefore, this
Program Action would not have a
significant effect on the environment.
Action H-3.4.2
Program Action H-3.10:
Capital Improvement
Programming and
Prioritization
X
This Program Action addresses the City’s
continued efforts to work with
responsible agencies and purveyors of
utilities and infrastructure in monitoring
the availability and service levels of public
utilities and infrastructure and services.
This Program Action does not implement
or result in direct housing development.
Rather, the City would continue to
cumulatively assess the potential
demands from new development and
require, as part of the development
review package, that all development
provide an assessment to ensure that
adequate infrastructure is available to
serve the development. Therefore, this
Program Action would not have a
significant effect on the environment.
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-15
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Action H-3.4.3
Program Action H-3.11:
Subdivision of Existing
Lands
X
This Program Action addresses the City’s
efforts to facilitate land divisions, lot line
adjustments, and Specific Plans to
improve the feasibility of housing
development on large sites and create
approximately sized parcels for affordable
multi-family development. This Program
Action does not implement or result in
direct housing development or land
divisions. Rather, this Program Action
involves working with property owners
and developers to identify land division,
lot line adjustment, and Specific Plan
opportunities. Further, the City would
provide technical assistance and
incentives for proposed projects that
include affordable housing on these sites.
This Program Action does not grant
permits for land divisions, lot long
adjustments, or Specific Plans. Any future
housing development facilitated by this
Program Action would be subject to the
established regulatory framework
regarding environmental review. Future
housing development would be subject to
the City’s development review and plan
check process. Therefore, this Program
Action would not have a significant effect
on the environment.
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-16
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
-
Program Action H-3.12:
Objective Design
Standards
X
This Program Action addresses the City’s
review of existing development and
entitlement processes to comply with
State Housing Law regarding objective
design standards for housing project’s
where the City’s discretion over design
review is otherwise preempted by State
law. This Program Action does not
implement or result in direct housing
development. Rather, this Program Action
involves, per State Housing Law, the
elimination of discretionary review for
housing development proposals that
include a minimum affordable housing
component and the amendment of
existing development standards to
replace or remove all subjective standards
for projects with a minimum affordable
housing component with objective
standards that do not impede the type
and density of housing it is intended to
allow. Therefore, this Program Action
would not have a significant effect on the
environment.
-
Program Action H-3.13:
SB 35 Streamlining
Provisions
X
This Program Action addresses the City’s
efforts comply with California
Government Code Section 65913.4 and
publish those procedures for the public, as
appropriate, to comply with the
requirements of Senate Bill (SB) 35,
Chapter 366 Statutes 2017. This Program
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-17
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Action does not implement or result in
direct housing development. Rather, this
Program Action involves the processing of
development projects with at least 50
percent affordable units through a
streamlined permit process pursuant to
State law. This Program Action does not
grant project-specific entitlements for
housing development. Therefore, this
Program Action would not have a
significant effect on the environment.
-
Program Action H-3.14:
Farmworker and
Agricultural Worker
Housing
X
This Program Action addresses the City’s
Municipal Code amendment to define
agricultural employee housing in a
manner consistent with applicable Health
and Safety Code sections. This Program
Action would not implement or result in
direct housing development. Rather, this
Program Action is a Municipal Code
amendment to comply with State law.
Therefore, this Program Action would not
have a significant effect on the
environment.
-
Program Action H-3.15:
Small Lots X
This Program Action addresses the City’s
efforts to create, adopt, and promote a
Small Lot Subdivision Ordinance with the
goal of incentivizing the development of
affordable units and improving the path to
homeownership for first-time
homebuyers. This Program Action does
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-18
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
not implement or result in direct housing
development. Rather, this Program Action
involves incentives for small lot
consolidations to promote the
development of affordable housing units.
This Program Action does not grant
permits for small lot consolidation or
housing development. Therefore, this
Program Action would not have a
significant effect on the environment.
-
Program Action H-3.16:
Large Lots X
This Program Action addresses the City’s
efforts to adopt an expedited permit
process to automatically approve lot
splits/creation of new parcels so long as
the proposal is in compliance with the
Zoning Code. This Program Action does
not implement or result in direct housing
development. Rather, this Program Action
involves reviewing funding opportunities
to provide or support financial with the
development of infrastructure required to
develop large sites. This Program Action
does not grant permits for housing or
infrastructure development. Any future
housing or infrastructure development
facilitated by this Program Action would
be subject to the established regulatory
framework regarding environmental
review. Future housing and infrastructure
development would be subject to the
City’s development review and plan check
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-19
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
process. Therefore, this Program Action
would not have a significant effect on the
environment.
-
Program Action H-3.17:
Replacement Housing X
This Program Action addresses the City’s
efforts to adopt a formal program for
replacement housing to ensure
replacement of any lost units and
compliance with the same requirements
pursuant to Government Code Section
65915. This Program Action does not
implement or result in any direct housing
development. Rather, this Program Action
formalizes a formal replacement housing
program. Any future housing
development facilitated by this Program
Action would be subject to the established
regulatory framework regarding
environmental review. Future housing
development would be subject to the
City’s development review and plan check
process. Therefore, this Program Action
would not have a significant effect on the
environment.
-
Program Action H-3.18:
Pipeline Project – The
Heights Specific Plan
X
This Program Action addresses the City’s
review of a pipeline project (i.e., The
Heights Specific Plan), which includes
affordable housing units. This Program
Action does not implement or result in any
direct housing development. Rather, this
Program Action involves collaborating
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-20
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
with the applicant to ensure compliance
with local codes to facilitate the
development of affordable units. Any
future housing development facilitated by
The Heights Specific Plan would be subject
to the established regulatory framework
regarding environmental review. Future
housing development would be subject to
the City’s development review and plan
check process. Therefore, this Program
Action would not have a significant effect
on the environment.
Action H-2.2.5
Program Action H-3.19:
Objective Development
Standards
X
This Program Action addresses a
constraint the existing Municipal Code
places on the development of community
care facilities for seven or more persons.
This Program Action does not implement
or result in direct housing development.
Rather, this Program Action involves
amending the Municipal Code to allow
community care facilities for seven or
more persons without a conditional use
permit in any residential zone (i.e.,
changing from discretionary to ministerial
action). This Program Action does not
grant permits for any community care
facilities. Therefore, this Program Action
would not have a significant effect on the
environment.
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-21
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
-
Program Action H-3.20:
Use of Sites from Previous
Housing Element Cycles
X
This Program Action addresses use of infill
sites that were identified in the 4
th or 5th
Cycle Housing Elements to accommodate
the Very Low and Low-income categories.
This Program Action also addresses the
City’s Municipal Code amendment to
permit residential uses by-right for
housing development in which at least 20
percent of the units are affordable to
lower-income households. The 5th Cycle
sites included in this Program Action are
included in the inventory of sites
proposed for rezoning discussed in
Program Action H-3.1 above. Therefore,
this Program Action could have a
significant effect on the environment.
However, this Program Action was
previously analyzed in the RIPAOZ EIR.
GOAL H-4: Improve housing opportunities through private investment and, when appropriate, through public assistance.
Policies H-4.1, H-4.2, and H-4.3 X
There are no policy changes between the
5 th and 6th Cycle Housing Elements.
Moreover, these policies do not
implement or result in direct housing
development. Therefore, these policies
would not have a significant effect on the
environment.
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-22
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Action H-4.1.1
Program Action H-4.1:
Senior Housing
Opportunities
X
This Program Action addresses the City’s
pursuit of State and federal funds for the
construction of senior housing. This
Program Action does not implement or
result in direct housing development.
Therefore, this Program Action would not
have a significant effect on the
environment.
Action H-4.1.2
Program Action H-4.2:
State and Federal Housing
Incentives
X
This Program Action addresses the City’s
efforts to stay informed of State and
federal housing programs that can provide
financial assistance for the preservation
and development of affordable housing.
This Program Action does not implement
or result in direct housing development.
Rather, this Program Action involves the
continued pursuit of grant funding from
State and federal agencies for affordable
housing project/programs in the City.
Therefore, this Program Action would not
have a significant effect on the
environment.
Action H-4.2.1
Program Action H-4.3:
Senior Housing
Opportunities
X
This Program Action addresses the City’s
continued efforts to allow manufactured
homes, including mobile homes, on
permanent foundations in all residential
zones. This Program Action does not
implement or result in direct housing
development nor grant any permits for
housing development. Therefore, this
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-23
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
Program Action would not have a
significant effect on the environment.
Action 4.3.1 Program Action H-4.4:
Density Bonus X
This Program Action addresses the City’s
continued efforts to provide incentives
and density bonuses under the Density
Bonus Ordinance for senior and other
projects providing for lower-income
housing. This Program Action does not
implement or result in direct housing
development nor grant any permits for
housing development. Therefore, this
Program Action would not have a
significant effect on the environment.
Action 4.3.2 Program Action H-4.5:
Review of Permit Fees X
This Program Action addresses the City’s
continued efforts to periodically review
permitting processing fees to verify that
the costs associated with the review
process are consistent with the services
rendered. This Program Action also
addresses the City’s intent to establish a
reduction or waiver of permit processing
fees for affordable and other special
needs housing projects. This Program
Action does not implement or result in
direct housing development. Rather, this
Program Action provides a basis for
determining whether fees have become a
constraint to housing production and
allows the City to recoup costs associated
with the review and processing of
Attachment A
Calimesa 2021-2029 Housing Element Update Review Matrix A-24
5 th Cycle Housing Element 6th Cycle Housing Element New Update/Ongoing Summary of Determination the
Policy/Program Action is Exempt Under
State CEQA Guidelines §15061(b)(3)
Common Sense Exemption
individual developments. This Program
Action does not grant permits for housing
development. Therefore, this Program
Action would not have a significant effect
on the environment.
-
Program Action H-4.6:
Zoning, Development
Standards and City Fees
Available Online
X
This Program Action addresses the City’s
efforts to provide all zoning and
development standards and fees for each
parcel within its jurisdictional boundaries
on the City’s website pursuant to
government transparency laws. This
Program Action does not implement or
result in direct housing development nor
grants any permits for housing
development. Therefore, this Program
Action would not have a significant effect
on the environment.
Publish Date: August 9, 2024
Darlene Gerdes, City Clerk
CITY OF CALIMESA
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on August 19, 2024 at 6:00 p.m. in the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, California, the City Council of the City of Calimesa will hold a public hearing (in person) to consider the Planning Commission’s recommendation to: (1) adopt the 2021-2029 Housing Element update of the General Plan; (2) authorize staff to submit the Housing Element to the California Department of Housing and Community Development (HCD) for review and certification; and (3) amend the Calimesa Municipal Code to revise regulations applicable to the Residential Infill Priority Area Overlay Zone (RIPAOZ) to comply with state law. 2021-2029 Housing Element: The Project Area for the 2021-2029 Housing Element is the entire City, which encompasses 14.9 square miles and is bordered by the unincorporated portions of Riverside County to the east and west, the City of Beaumont to the south, and the Cities of Yucaipa and Redlands the north.
The General Plan Housing Element is a multi-year housing plan covering the period 2021-2029. The Housing Element identifies goals, policies, programs, and objectives to meet existing and projected future housing needs for all income levels. In accordance with the California Environmental Quality Act (CEQA), staff has determined that the 2021-2029 Housing Element has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. Staff has determined that it can be seen with certainty that the 2021-2029 Housing Element will not have any significant environmental impacts, and thus is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). A Notice of Exemption has been prepared for consideration by the Planning Commission and City Council.
RIPAOZ Amendments: As adopted in 2023, the RIPAOZ increased housing opportunities on underutilized parcels in two different areas of the City. The Area 2 RIPAOZ sites are identified in the 2021-2029 Housing Element as the sites having capacity for higher density housing and which are available for the development of lower income housing. State law imposes certain requirements on sites identified as available for lower income housing. The proposed amendments to the RIPAOZ provisions of the Municipal Code ensure that the RIPAOZ complies with those state law requirements. The proposed amendments to the RIPAOZ provisions only apply to Area 2 of the RIPAOZ, which represents seven (7) parcels within the City. The APNs within Area 2 are as follows: 411-200-001, 411-200-002, 411-200- 003, 411-200-004, 411-200-022, 411-200-007, and 411-200-008. On October 2, 2023, the City Council certified a Final Environmental Impact Report analyzing the potentially significant impacts of the RIPAOZ (State Clearinghouse #2022030754), and adopted Findings of Fact, a Statement of Overriding
Attachment 9F
Publish Date: August 9, 2024
Darlene Gerdes, City Clerk
Considerations, and Mitigation Monitoring and Reporting Program. City staff has determined that the proposed amendments to the RIPAOZ are within the scope of the project analyzed in the previously adopted EIR, and that pursuant to State CEQA Guidelines Section 15162, no further environmental review is required. The City Council will review this determination at its meeting.
Hazardous Materials Statement: The Housing Element is not site specific but establishes housing policy for the entire city. The RIPAOZ sites that will be discussed at this hearing and that are the subject of the RIPAOZ amendments are not listed as toxic sites pursuant to Government Code Section 65962.5.
NOTICE IS FURTHER GIVEN that the public may provide comments as follows: 1) Submit written comments to City Hall at the above address, 2) Email comments to the City Clerk at [email protected], or 3) Attend the meeting in person and speak thereon. Please note, mailed and/or emailed comments must be submitted by 5:30 p.m. on August 19, 2024.
PLEASE NOTE that pursuant to Government Code Section 65090, if you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing as described in this Notice or in written correspondence delivered to the City Clerk of the City of Calimesa prior to or at the public hearing. All decisions are subject to an appeal period of fifteen (15) calendar days from the date of action on this item.
Publish Date: August 9, 2024
Darlene Gerdes, City Clerk
CITY OF CALIMESA LAND USE AND ZONING MAP
RIPAOZ AREA 2
City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: PUBLIC HEARING: Public Hearing –Oak Valley North - A request by BICM Land Holdings, LP for Recommended Approval of Environmental Assessment 22-02 (EA 22-02), General Plan Amendment 22-03 (GPA 22-03), Zone Change 22-01 (ZC 22-
01), Development Plan Review (“DPR”) DPR 22-05 and
Conditional Use Permit (“CUP”) 22-02 (Building 1 – TPM 38589 parcel 1), DPR 22-06 and CUP 22-03 (Building 2 – TPM 38589 parcel 2), DPR 22-07 and CUP 22-04 (Building 3 – TPM 38589 parcel 3), DPR 22-08 and CUP 22-06 (Building 4 – TPM 38589 parcel 4), DPR 22-09 (Trailer Storage Lot 1 – TPM 38589 parcel 5), DPR 22-10 (Trailer Storage Lot 2 – TPM 38589 parcel 6), Tentative Parcel Map 38589 and Development Agreement 24- 01, on a 110.2-acre project site
MEETING DATE: August 19, 2024
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council open the public hearing and continue it to the City Council Meeting of September 23, 2024, to allow time for the Fair Political Practices Commission (“FPPC”) to provide Mayor Davis and Mayor Pro Tem Hewitt with guidance regarding possible conflicts of interest.
BACKGROUND/DISCUSSION: The project, known as Oak Valley North, involves distinct items that have been submitted for review and approval, as outlined below. The requested General Plan Amendment (GP 22-03) attached to this staff report would amend the City of Calimesa General Plan Land Use Map (Figure LU-1) by changing the land use designation of the subject site from Business Park, Light Industrial and Residential Low Medium to Business Park and Residential High Density and consists of one General Plan Exhibit for land use that would be incorporated into the General Plan to implement the proposed Project. The attached Zone Change (ZC 22-01) consists of a modification to the City’s official Zoning Map to change the zoning designations of the project site from Business Park, Light Industrial and Residential Low Medium to Specific Plan Area 4 for the proposed Oak Valley North Specific Plan. The newly proposed Specific Plan would divide the project site into two Planning Areas (PAs 1 and 2) that would support business park uses (Planning Area 1) and high density residential or a place of worship (Planning Area 2). The application also includes six Development Plan Reviews (DPRS 22-05 through 22-10) and four Conditional Use Permits (CUPS 22-02 through 21-04 and 22-06) for four industrial buildings totaling approximately 982,232 square feet and two trailer storage lots totaling approximately an approximately 38.93 gross acres (10.36 and
28.57 acres). In addition, the application includes Tentative Parcel Map (TPM 38589) proposing to subdivide the 110.2-acre site into seven numbered lots ranging in size from 10.04 to 27.24 net-acres and the dedication of 3.41 acres of right-of-way to the City of Calimesa for the widening of Calimesa Boulevard (1.65 acres) and Beckwith Avenue (1.76 acres). Environmental Assessment (EA 22-02) for the Oak Valley North project Environmental Impact Report analyzed the proposed Specific Plan and implementing projects in accordance with the California Environmental Quality Act (CEQA) (SCH #2022120265).
PUBLIC HEARING NOTIFICATION: A notification of public hearing was published in the News Mirror on August 9, 2024 for the August 19, 2024 City Council meeting. A copy of the public hearing notice was posted at City Hall and the Norton Younglove Senior Center. The Notice was sent to surrounding properties, public agencies, and those who have previously requested to receive City public hearing notices.
ATTACHMENTS:
Attachment A: Letter from Advocates for the Environment received 7/31/2024 Attachment B: Response to letter from Advocates for the Environment received 8/5/2024 Attachment C: Comments received from Center for Biological Diversity 8/9/2024 Attachment D: Responses to Comment letters Received after Publication of Final EIR Attachment E: Comments received from residents 7/22/2024 – 8/13/2024
Attachment 10A
Attachment 10B
Attachment 10C
Attachment 10D
Attachment 10E
City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: APPOINTMENT OF THE LEAGUE OF CALIFORNIA CITIES
VOTING DELEGATE REPRESENTING CALIMESA AT THE
ANNUAL LEAGUE CONFERENCE
MEETING DATE: August 19, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council select a primary voting delegate and an alternate voting delegate who will vote on League issues representing the City of Calimesa at the Annual League of California Cities Conference to be held October 16 – 18, 2024 in Long Beach.
BACKGROUND: In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and an alternate voting delegate. The voting delegate and alternate must be registered to attend the conference. Council Member Molina is the only one to date that is registered to attend.
ATTACHMENTS:
Attachment A: Annual Conference Voting Guidelines.
Attachment 11A
City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: ORDINANCE NO. 400 – AMENDMENT TO CALIMESA MUNICIPAL CODE CHAPTER 2.10 (CITY COUNCIL), SECTION 2.10.040
(COMPENSATION) IN ACCORDANCE WITH SENATE BILL 329
MEETING DATE: August 19, 2024
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council adopt first reading by title only of Ordinance No. 400, an Ordinance of the City of Calimesa amending Calimesa Municipal Code Section 2.10.040 to increase City Council salary pursuant to Senate Bill 329.
BACKGROUND: The December 1, 1990, City Council meeting was the first meeting following the incorporation of the City of Calimesa. At the December 1, 1990, meeting ordinance No. 90-2 was adopted setting the date, time and location of the City Council meetings as well as setting the compensation of the City Council at $300.00 per month. The City Council compensation has not been adjusted since that time.
On February 5, 2024, staff presented an item related to City Council compensation. The City Council discussed the item but did not come to any conclusion on where to set compensation. Staff suggested they would do more research and bring the item back for further discussion. On March 18, 2024, a follow up report was presented to the City Council, but due to the absence of a councilmember the item was continued.
At the August 5, 2024, City Council meeting, the City Council directed staff to prepare an ordinance to increase City Council compensation for consideration by the City Council.
DISCUSSION: On June 29, 2023, Governor Gavin Newsom signed Senate Bill 329 into law, allowing cities an opportunity to adjust City Council salaries to take into account inflation, the work performed, and the time dedicated by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of the office.
Before the adoption of SB 329 Government Code Section 36516 set the monthly salaries for Council members of cities having populations up to and including 35,000 in an amount up to $300.00. The City of Calimesa adopted the $300 monthly salary based on the local population in 1990. According to the U.S. Census Bureau, the estimated population of Calimesa as of July 1, 2022 was 11,017.
Government Code Section 36516, amended pursuant to SB 329, provides the new base pay amount for members of the City Council in Calimesa and all other cities having populations up to
and including 35,000, in an amount up to and including $950 per month. Further it provides that the salary may be adjusted in one of two ways as follows:
1) In an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year; or 2) An amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
Government Code Section 36516 requires that an ordinance to increase Council member compensation by considered in an open session for introduction and first reading and then again for a second reading and final adoption.
Pursuant to Government Code Section 36516.5, any Council salary increase may take effect only when at least one member of the Council commences a new term.
Following the discussion of this item on February 5, 2024, staff calculated the current compensation based on inflation from December 1990 to the present. The $300 per month set in December 1990 is worth $704.43 today.
A follow-up item was heard on August 5, 2024, at which time the City Council directed staff to prepare an ordinance to increase Council compensation for their consideration. At the August 5 meeting, staff stated that the item would be brought forward at the September 16, 2024 meeting.
However, upon reviewing the calendar, to ensure that any Ordinance, should it be approved, is effective before the November 5, 2024, General Election, staff decided to bring the item forward at this meeting.
Ordinance No. 405 would increase the compensation for City Council members to $700 per month effective upon the seating of the Councilmembers elected at the November 5, 2024, election.
FISCAL IMPACT: Based on a compensation level of $700 per month, the total annual increased cost of City Council compensation would be $25,836, for a total of $45,213.
ATTACHMENTS:
Attachment A: Ordinance No. 400
Attachment B: Government Code Section 36516, as amended pursuant to SB 329.
ORDINANCE NO. 400
AN ORDINANCE OF THE CITY OF CALIMESA
AMENDING CALIMESA MUNICIPAL CODE
SECTION 2.10.040 TO INCREASE CITY COUNCIL
SALARY PURSUANT TO SENATE BILL 329
THE CALIMESA CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. Calimesa Municipal Code Section 2.10.040 concerning council member salary is hereby amended to read as follows:
“2.10.040 Compensation.
A. Each council member shall be entitled to a salary in the amount of $700 per month. (Government Code Section 36516.)”
Section 2. Effective Date; Publication. This ordinance shall take effect 30 days after its final passage, and within 15 days after its passage, the City Clerk shall cause this ordinance or a summary hereof to be published and/or posted as required by law and by the City's ordinances and resolutions.
INTRODUCED AND PASSED UPON FIRST READING on August 19, 2024, by title only, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED on_________2024 upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________________
QUINN BARROW, CITY ATTORNEY
Attachment 12A
State of California
GOVERNMENT CODE
Section 36516
36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
(B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
Attachment 12B
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section.
(g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.
(2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation.
The ordinance shall not be adopted at the first meeting. (3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.
(Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.)