RESOLUTION NO. 2022-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING GENERAL PLAN AMENDMENT NO. PL2021-04 FOR
THE SIXTH CYCLE 2021-2029 HOUSING ELEMENT UPDATE
A. RECITALS
1. On December 17, 2019, the City of Diamond Bar adopted its 2040 General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future, and has been amended from time to time as necessary to reflect changed circumstances, laws or City policies.
2. State law requires all jurisdictions within the Southern California Association of Governments (SCAG) region to update the Housing Elements of their General Plans for the 6
th planning cycle, which covers the 2021-2029
period.
3. On January 26, 2021 the City Council and Planning Commission conducted a duly noticed public workshop to review issues to be addressed in the Housing Element update.
4. On March 23, 2021 the Planning Commission conducted a duly noticed public meeting to review the draft Housing Element update.
5. On April 6, 2021 the City Council conducted a duly noticed public meeting to review the draft Housing Element update.
6. Pursuant to Government Code Section 65585(b), the Draft 2021-2029 Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review on April 8, 2021.
7. On June 3, 2021 HCD issued a letter finding that the draft element addresses many statutory requirements; however, revisions were necessary to comply with State Housing Element Law.
8. Pursuant to Government Code Section 65585(f), the City prepared a revised draft Housing Element addressing each comment in HCD’s letter of June 3, 2021 as described in the Planning Commission staff report of October 13, 2021.
9. On October 13, 2021 the Planning Commission held a duly noticed public hearing to review the revised draft 2021-2029 Housing Element incorporating revisions to address HCD’s June 3, 2021 comments. At that hearing all interested persons were provided an opportunity to offer Resolution No. 2022-44
Housing Element 2021-2029
2 comments on the revised draft Housing Element. At the conclusion of the public hearing the Planning Commission adopted a resolution recommending City Council adoption of the 2021-2029 Housing Element as revised to address HCD’s June 3, 2021 comments.
10. On November 2, 2021 the City Council held a duly noticed public hearing to review the revised draft 2021-2029 Housing Element incorporating revisions to address HCD’s June 3, 2021 comments. At that hearing all interested persons were provided an opportunity to offer comments on the revised draft Housing Element. At the conclusion of the public hearing the City Council adopted Resolution No. 2021-51 making findings and approving the 2021-2029 Housing Element.
11. Pursuant to Government Code Section 65585(g), the City submitted the adopted 2021-2029 Housing Element to the HCD for review on November 4, 2021.
12. On February 2, 2022 HCD issue a letter finding that the adopted element addresses some statutory requirements; however, revisions will be necessary to comply with State Housing Element Law.
13. Pursuant to Government Code Section 65585(f), the City prepared a revised Housing Element addressing each comment in HCD’s letter of February 2, 2022 to substantially comply with the requirements of State law as described in Exhibit “B”, attached hereto.
14. On July 27, 2022 the Planning Commission held a duly noticed public hearing to review the revised 2021-2029 Housing Element incorporating revisions addressing HCD’s February 2, 2022 comments. At that hearing all interested persons were provided an opportunity to offer comments on the revised Housing Element. At the conclusion of the public hearing the Planning Commission adopted a resolution recommending City Council adoption of the 2021-2029 Housing Element as revised to address HCD comments.
15. On August 11, 2022 the City Council held a duly noticed public hearing to review the revised 2021-2029 Housing Element incorporating revisions to address HCD’s comments. At that hearing all interested persons were provided an opportunity to offer comments on the revised draft Housing Element.
16. On December 17, 2019 the Diamond Bar City Council certified Final EIR No. SCH 2018051066 for the Diamond Bar 2040 General Plan. Pursuant to CEQA Guidelines Sections 15162, 15164 and 15168 the City prepared an Addendum to the General Plan EIR, which demonstrates that the 2021- 2029 Housing Element would not result in any significant environmental Resolution No. 2022-44
Housing Element 2021-2029
3 impacts that were not previously evaluated in the General Plan EIR; therefore, no subsequent environmental document is required. The EIR Addendum is attached to the August 11, 2022 City Council Staff Report and is incorporated herein by reference.
17. The 2040 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5.
18. Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on August 1, 2022 in a legal advertisement. Also, three other public places were posted.
19. All legal prerequisites to the adoption of this resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Diamond Bar, as follows:
1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The City Council hereby finds that adoption of the 2021-2029 Housing Element would not cause a significant effect on the environment, as further described in the EIR Addendum prepared for the project.
3. The City Council, after due consideration of public testimony, HCD comments, staff analysis, the record of proceedings, and the City Council’s deliberations, determines that the 2021-2029 Housing Element, as revised to address HCD’s comments as summarized in Exhibit "A" of this Resolution, implements the goals of the City and substantially complies with all of the requirements of State law.
4. Pursuant to Government Code Section 65583.2(g) the City Council finds that the Housing Element’s analysis of underutilized sites is based upon substantial evidence that existing uses do not constitute an impediment to additional residential development during the planning period.
5. Pursuant to Government Code Section 65585(f) the City Council finds that the 2021-2029 Housing Element has been revised to address HCD’s comments of June 3, 2021 and February 2, 2022 as described in the Planning Commission staff reports dated October 13, 2021 and July 27, 2022, in substantial compliance with State law.
Resolution No. 2022-44
Housing Element 2021-2029
4 6. The City Council hereby adopts General Plan Amendment Planning Case No. PL2021-004 for the Diamond Bar 2021-2029 Housing Element, attached hereto as Exhibit “B” and incorporated herein by reference.
7. The City Council finds and determines that General Plan Amendment Planning Case No. PL2021-004 is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar 2040 General Plan.
8. The City Manager is directed to transmit the adopted Housing Element to the HCD for review and is further directed to make any clerical or technical corrections or clarifications to the adopted Housing Element as may be required to obtain a finding of substantial compliance from HCD.
The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 11th day of August, 2022, by the City Council of the City of Diamond Bar.
CITY OF DIAMOND BAR
_______________________________
Ruth Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a special meeting held on the 11th day of August, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
Resolution No. 2022-44
Housing Element 2021-2029
5 EXHIBIT “A”
SUMMARY OF HCD COMMENTS AND RESPONSES
Resolution No. 2022-44
Housing Element 2021-2029
6 EXHIBIT “B”
REVISED 2021-2029 DIAMOND BAR HOUSING ELEMENT