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33 RESOLUTION NO. 2022-R___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, ADOPTING THE 2021-2029 HOUSING ELEMENT NEGATIVE DECLARATION AND THE 2021-2029 HOUSING ELEMENT, AND APPROVING THE SUBMITTAL OF THE 2021 –2029 HOUSING ELEMENT TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD) FOR REVIEW FOR SUBSTANTIAL COMPLIANCE WITH STATE LAW.
(General Plan Housing Element Amendment, P2021-0241-GPE)
WHEREAS, California Government Code Section 65302(c) mandates that each City shall include a Housing Element in its General Plan, and that the Housing Element be updated regularly on a schedule set forth in the law to reflect curr ent conditions a nd legal requirements; and,
WHEREAS, the Housing Element must c omply with th e statutory provisions of California Government Code Section 65580 et seq. and is required to identify and analyze existing and projected housing needs, and includ e statements of the City of Culver City ’s (“City”) goals, policies, quantified objectives, and programs for the preservation, improvement, and development of the City’s share of the regional housing need in Southern California; and,
WHEREAS, the existing 2013–2021 Housing Element was adopted on January 27, 2014 and the information in the 2013–2021 Housing Element has been revised and expanded to provide a current assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs; and,
WHEREAS, the City prepared the u pdate of its Housing Element of the City’s General Plan in conformance with State and local planning law a nd practices, considering local conditions and context, including economic, environmental, and fiscal factors; and,
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33 WHEREAS, in accordance with Government Code Section 65583, the City finds that the 2021-2029 Housing Element complies with the duty to affirmatively further fair housing; and
WHEREAS, the City has been assigned an allocation of 3,341 new housing units as its share of the regional housing need assessment (RHNA), including 1,108 very-low, 604 low, 560 moderate, and 1,069 above moderate units; and WHEREAS, in accordance with Government Code Section 65583 .2, the City finds that the sites identified in the site inventory to accommodate RHNA are likely to result in additional residential development during the period covered by the housing element; and WHEREAS, the City does not currently have sufficient existing zones to accommodate the production of the City’s RHNA allocation; and WHEREAS, the community met to provide feedback on topics r elated to the 2021-2029 Housing Element, including land use and housing at public workshops held on:
January 27, 2021; April 29, 2021; and May 5, 2021; and, WHEREAS, the Housing Technical Adviso ry Committee met to provide feedback on topics related to the 2021-2029 Housing Element, including land use, housing, and the d raft 2021-2029 Housing Element , at the meetings held on: December 8, 2020; March 11, 2021; April 20, 2021; and July 28, 2021; and, WHEREAS, the General Plan Advisory Committee met to provid e feedback on topics related to the 2021-2029 Housing Element, including land use, housing, and the d raft 2021-2029 Housing Element, at the meetings held on: August 13, 2020 ; October 8, 2020; April 8, 2021; June 10, 2021; and July 22, 2021; and,
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33 WHEREAS, the City Council and Planning Commission held joint meetings to provide feedback on topics related to the 2021-2029 Housing Element, including land use, housing, and the d raft 2021-2029 Housing El ement, at the meetings held on: January 27, 2021 and June 23 and 28, 2021; and,
WHEREAS, the Planning Commission met to provide feedback on topics related to the 2021-2029 Housing Elem ent, including land use, housing, and the draft 2021- 2029 Housing Element, at the meetings held on: May 12, 2021; July 28, 2021; and November 30, 2021; and,
WHEREAS, the City Council met to provide feedback on topics related to the 2021-2029 Housing Eleme nt, including land use, housing, and the draft 2021-2029 Housing Element, at the meetings held on: April 12, 2021; September 27, 2021 ; and De cember 10, 2021; and,
WHEREAS, if the City does not complete timely adoption and submittal to HCD by February 12, 2022, for certification of the 2021 -2029 Housing Element (“certification” means that HCD finds the Housing Element to be in substantial compliance with the State’s legal requirements), the City will be subject to a range of enforcement penalties set forth per State housing law that could negatively impact the City by court order s, lawsuits and fines by the State, legal action by the State Attorney General, fiscal impacts to the General Fund, potential loss of local control over new housing development and risk to State gran ts in process and ineligibility for future State grant funding; and, WHEREAS, on January 6, 2022, after conducting a duly noticed public hearing on the General Plan Housing Element Amend ment, including full consideration of the 2021– 2029 Housing Element (“Project”), staff report, environmental information , and all testimony
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33 presented, the Planning Commission (i) by a vote of 4 to 1, adopted a Negative Declaration, in accordance with t he California Environmental Quality Act (CEQA), finding the Project will not result in significant adverse environmental impacts; (ii) by a vote of 4 to 1, recommended to the City Council adoption of the 2021–2029 Housing Element (General Plan Element Amendment, P2021-0241-GPE); and (iii ) by a vote of 4 to 1, recommended to the City Council submittal of the 2021–2029 Housing Element to the California Department of Housing and Community Development (HCD) for review for substantial compliance with State law; and,
WHEREAS, on January 24, 2022, after conducting a duly noticed public hearing on the General Plan Housing Element Amendment, including full consideration of t he 2021- 2029 Housing Element (“Project”), staff report, environmental information and all testimony presented, and the City Counc il (i) by a vote of __ to __, adopted a Negative Declaration, in accordance with the California Environmental Qual ity Act (CEQA), finding th e Project will not result in significant adverse environmental impacts; (ii) by a vote of __ to __, adopted the 2021-2029 Housing Element (General Plan Element Amendment, P2021-0241-GPE); and (iii) by a vote of __ to __, approved submittal of the 2021–2029 Housing Element to the California Department of H ousing and Community Development (HCD) for review for substantial compliance with State law.
NOW, T HEREFORE, the City Council of the City of Culver City, DO ES HEREBY RESOLVE, as follows:
SECTION 1. Pursuant to the foregoing recitations and the provisions of the Culver City Munici pal Code (CCMC), as outlined in CC MC Title 1 7, Section 17. 620.030, the following findings for a General Plan Element Amendment are hereby made:
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33 1. The proposed amendment ensures and maintains internal consistency with th e goals, policies , and strategies of all elements of the General Plan and will n ot create any inconsi stencies with this Title, in the case of a Zoning Code Amendment.
The General Plan is undergoing a comprehensive update and is scheduled for adoption in t he fall of 2022, after the 2021 -2029 Housing E lement’s anticipated adoption. The 2021-2029 Housing Element was updated in coordination with the other elements as they are being updated. This is meant to ensure t hat the goals, policies, and strategies of all the updated elements are consistent. Before the other elements in the GPU are adopted, their goals, policies, and strategies will be reviewed to ensure consistency with the 2021-2029 Housing Element.
The Zoning Code will then undergo a comprehensive update after the General Plan is adopted. During that process, the Zoning Code will be updated to address constraints to housing production, as outlined in M easure 4.J of th e 2021-2029 Housing Element.
Under the Housing Programs section of the Housing Element , Measure 4.J is scheduled to begin in 2023 . However, if the City does not complete timely adoption and submittal to HCD by February 12, 2022, for certification of the 2021 -2029 Housing Element (“certification” means that HCD finds the Housing Element to be in substantial compliance with the State’s legal requirements) , then the City will be required to rezone to accommodate the RHNA by October 15, 2022.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
The prop osed General Plan Housing Element Amendment is not detrimental to the public interest, health, safety, convenience, or welfare of the city because adoption of the 2021-2029 Housing Element will not entitle any new develop ment pr ojects. The 2021–2029 Housing Element will be consistent with the objectives of the General Plan, the CCMC, and State housing law.
3. The proposed amendment complies with the provision s of the California Environmental Quality Act (CEQA).
The proposed General Plan Housing Element Am endment complies with CEQA as outlined in the Initial Study and Negative Declaration environmental finding and related documentation. The Planning Commission’s adoption of the Negative Declaration is made herein by approval of this Resolution. The Initial Study/Negative Declaration reflects the independent judgment of the Planning Commission.
SECTION 2. Because the 2021 -2029 Housing Element rel ies on nonvacant sites to accommodate 50% or more of its RHNA for lo wer income households, the following
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33 additional finding, as required by HCD, is hereby made substantiating that th e use will likely be discontinued during the planning period:
Based o n existing uses, existing floor area ratio , age of structures (year s tructure built), improvement -to-land ratio, lot size, adjacency to parce ls with redevelopment potential and lot consolidation potential, and expressed interest of developers or property o wners, the existing uses o n the sites identified in the site inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the housing element.
SECTION 3. Pursuant to the foregoing recitations and findings, the City Council of the City of Culver City, California, hereby (i) adopts the 2021 -2029 Housing Element Nega tive Declaration; (ii) adopts the 2021-2029 Housing Element (General Plan Element Amendment, P2021-0241-GPE); and (iii) authorizes staff to submit the 2021 -2029 Ho using Element to HCD for review for substantial compliance , in accordance with the p rocedures set forth by State law.
APPROVED and ADOPTED this 24th day of January, 2022.
DR. DANIEL LEE, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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JEREMY GREEN, City Clerk HEATHER BAKER, City Attorney
A22-00016