RESOLUTION NO. 22-_____
Resolution Of The City Council Of The City Of Emeryville Adopting The 2023–2031 Housing Element Of The City Of Emeryville General Plan And Approving It For Submittal To The California Department Of Housing And Community Development For Certification And Approving An Addendum To The General Plan EIR WHEREAS, State law requires cities to revise the housing elements of their General Plans periodically, and Bay Area housing elements are due by January 31, 2023 for the 2023 to 2031 planning period; and
WHEREAS, beginning in April 2021, the City held two community workshops, seven Housing Committee meetings, three Planning Commission meetings, and three City Council meetings to gain public and City official feedback and comments on the proposed Housing Element update; and
WHEREAS, the 2023-2031 Housing Element of the Emeryville General Plan (the “2023- 2031 Housing Element”) was published on May 19, 2022 for a 30-day public review period consistent with the requirements of Government Code Section 65585; and WHEREAS, on August 1, 2022, the 2023-2031 Housing Element was submitted to the California Department of Housing and Community Development (HCD) for initial compliance review as required by state law; and
WHEREAS, on October 31, 2022, the City received a response letter from HCD indicating that the 2023-2031 Housing Element was in conditional compliance with State law; and WHEREAS, on December 8, 2022 the Planning Commission held a duly and properly noticed public hearing and then voted to recommend that the City Council adopt the 2023- 2031 Housing Element and that staff be directed to submit the 2023-2031 Housing Element to HCD for certification; and
WHEREAS, notice for the City Council’s consideration of the 2023-2031 Housing Element was provided pursuant to Government Code Section 65090; and WHEREAS, the Environmental Impact Report (EIR) for the General Plan was certified by the City Council on October 13, 2009, and in connection with the preparation of the 2023- 2031 Housing Element, an addendum to the General Plan EIR was prepared (the “General Plan EIR Addendum”) consistent with CEQA Guidelines Sections 15162 and 15164, which found that the General Plan EIR adequately addressed all potential impacts of the 2023-2031 Housing Element update and that a subsequent or supplemental EIR was not required; and
WHEREAS, the Emeryville City Council held a duly and properly noticed public hearing on December 12, 2022 to solicit public comments and review and consider the 2023-2031 Housing Element; and
DocuSign Envelope ID: 88CB29C3-C65E-4274-B8EA-500ACC363264 Resolution No. 22-_____
2023-2031 Housing Element Adoption
City Council Meeting | December 12, 2022
WHEREAS, the City Council has reviewed and considered the staff report and attachments thereto, the 2023-2031 Housing Element, the General Plan EIR Addendum, all public comments, and the project as set forth in this Resolution and the applicable provisions of the Emeryville Planning Regulations (the “Record”); now, therefore, be it RESOLVED, that the above recitals are true and correct and are incorporated herein; and be it further
RESOLVED, that the City Council approves the General Plan EIR Addendum, which is attached to the staff report for this item and hereby incorporated by reference, and finds that (i) the 2023-2031 Housing Element does not result in substantial changes to the General Plan that would require major revisions to the General Plan EIR due to the involvement of new significant effects or an increase in the severity of previously identified significant effects, (ii) there are no substantial changes with respect to the circumstances under which the 2023-2031 Housing Element update will be undertaken that will require major revisions to the General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, and (iii) there is no new information of substantial importance that would result in the 2023-2031 Housing Element creating new significant environmental impacts, an increase in the severity of previously identified environmental impacts, a previously infeasible mitigation measure being feasible, or different mitigation measures or alternatives than those previously considered in the General Plan EIR substantially reducing one or more significant effects on the environment and that, therefore, no supplemental or subsequent EIR is required under CEQA Guidelines Section 15162; and be it further
RESOLVED, that in approving the 2023-2031 Housing Element of the City of Emeryville General Plan (the “General Plan Amendment”), the City Council makes the following findings required by Emeryville Municipal Code Section 9-7.1205, based on its review and consideration of the Record:
General Plan Amendments Pursuant to Section 9-7.1205:
(a) The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.
The proposed General Plan Amendment will facilitate the development, maintenance, and improvement of adequate and affordable housing for new and existing residents, which will be a benefit to the public.
(b) The proposed amendment is consistent with the General Plan Guiding Principles, unless the Guiding Principles themselves are proposed to be amended.
DocuSign Envelope ID: 88CB29C3-C65E-4274-B8EA-500ACC363264 Resolution No. 22-_____
2023-2031 Housing Element Adoption
City Council Meeting | December 12, 2022
The proposed General Plan Amendment will facilitate the provision of housing affordable to households across the socioeconomic spectrum, which is consistent with the Guiding Principle of a “diverse, balanced, and inclusive community.”
(c) The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless concurrent amendment to those plans is also proposed and will result in consistency.
The proposed General Plan Amendment retains internal consistency with other General Plan elements and the City’s Planning Regulations.
Policies and programs in the Emeryville Housing Element do not call for changes to land use regulations or other measures that would require revisions to existing plans.
(d) The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
The proposed General Plan Amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act. The General Plan EIR Addendum demonstrates that the analysis contained in the General Plan EIR adequately addresses the potential physical environmental impacts associated with the General Plan Amendment.
(e) The proposed amendment complies with State law for the preparation, adoption, and amendment of general plans at California Government Code Section 65350 et seq.
The proposed General Plan Amendment complies with, and is required by, applicable State law;
and be it further
RESOLVED, that the City Council of the City of Emeryville hereby adopts the 2023-2031 Housing Element which is attached to the staff report prepared for this item and hereby incorporated herein, replacing the 2015-2023 Housing Element adopted by the City Council on November 18, 2014, and approves the document for submittal to the California Department of Housing and Community Development for certification; and be it further RESOLVED, the City Council of the City of Emeryville does hereby authorize staff to make non-substantive changes to the 2023–2031 Housing Element to respond to any comments received during the adoption process or from HCD to achieve certification.
DocuSign Envelope ID: 88CB29C3-C65E-4274-B8EA-500ACC363264 Resolution No. 22-_____
2023-2031 Housing Element Adoption
City Council Meeting | December 12, 2022
ADOPTED by the City Council of the City of Emeryville at a special meeting held Monday, December 12, 2022, this Resolution to take effect in 30 days, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 88CB29C3-C65E-4274-B8EA-500ACC363264