022823regccnpuaag 1
(ACT) – ACTION NEEDED
(INF) – INFORMATION ONLY
(DIS) – DISCRETIONARY
A G E N D A
REGULAR MEETING OF THE CITY COUNCIL,
NEEDLES PUBLIC UTILITY AUTHORITY
CITY OF NEEDLES, CALIFORNIA
TUESDAY, FEBRUARY 28, 2023
COUNCIL EXECUTIVE SESSION – 5:30 P.M.
CITY COUNCIL MEETING – 6:00 P.M.
CITY COUNCIL CHAMBERS
1111 BAILEY AVENUE, NEEDLES
THE 5:00 P.M. PORTION OF THE CITY COUNCIL MEETING WILL BE RECESSED BY THE CITY CLERK TO 5:30 P.M.
THE PUBLIC MAY ATTEND VIA TEAMS AND MAY SUBMIT ANY COMMENTS IN WRITING PRIOR TO NOON ON THE DAY OF THE MEETING BY EMAILING [email protected] TO JOIN THE LIVE TEAMS MEETING log into the City of Needles website at www.cityofneedles.com to access the agenda and Click here to join the meeting If asked, enter the following: Meeting ID: 266 979 913# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 266 979 913# The meetings are being recorded
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS (A three-minute time limit per person has been established.)
RECESS TO EXECUTIVE SESSION
a) Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): Rajee Kolachana et al. v. City of Needles et al., US Dist. Ct. Case No.
EDCV 23-237-SVW (AFM)
EXECUTIVE SESSION – Report by City Attorney
ROLL CALL (Previously Taken)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
CONFLICT OF INTEREST
CORRESPONDENCE
INTRODUCTIONS
CITY ATTORNEY Parliamentary procedures
As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you.
022823regccnpuaag 2
PUBLIC APPEARANCE – Persons wishing to address the City Council on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18. Amendments to the California Government Code Section 54950 prohibits the City Council from taking action on a specific item until it appears on the agenda.
PRESENTATION
1) Waive the reading and adopt Resolution No. 2022-46 approving the Proposed Revised MidYear City Budget amending Resolution No. 2023-17 (ACT)
PUBLIC HEARING
2) Public Hearing noticed to consider adopting the General Plan, amending the City Code and Land Use Map associated with the General Plan Update, and adoption of a Mitigated Negative Declaration / Initial Study
➢ Staff Report
➢ Council questions of staff
➢ Mayor to open the public hearing
➢ Public Comment
➢ Mayor to close the public hearing
➢ Council Discussion / Deliberation
➢ Ordinance No. 659-AC amending the Needles Municipal Code Section 92.00 “Definitions” and Section 93.04 “Commercial Zones” and Section 96.01 “Table of Permissible Uses” and Section 98.00 “Site Dimensions” and Section 99.03 “Table of Minimum Dwelling Unit Floor Area” and Section 99.05 “Height of Structures, Table of height limits nonresidential zones” and Section 99.06.02 “Common Usable Open Space Area” and Section 99.06.05 “Front, Side, Rear Yards, Table of yards required nonresidential zones” and Section 99.06.09 “Courts” and Section 111.04.27 “Downtown Core Parking Requirements” and Sections 12A-6, 12A-7, 12A-9, 12A-10, 12A-11of the Cannabis Businesses ordinance and rescinding Ordinance 620-AC replacing Chapter VII “Intensity of Uses” (ACT)
➢ Resolution No. 2023-16 approving the Land Use and Transportation Element and approving the Mitigated Negative Declaration / Initial Study and adopt a Mitigation Monitoring Program for the Land Use and Transportation Elements of the General Plan Update (SCH NO. 2022120053) (ACT)
CONSENT CALENDAR: All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. Recommended Action: Approve Items 3 through 8 on the Consent Calendar by affirmative roll call vote. (ACT)
3) Approve the warrants registers of February 28, 2023
4) Authorize Fiscal Year 2023 Brooks Consulting Electrical Engineering for support services for the Park Moabi and Mohave Line improvements not to exceed $15,000 to be funded by the electric operations and maintenance budget
5) Waive the reading and adopt Resolution No. 2023-15 approving participation in the Institute for Local Government’s Recognition Program, The Beacon Program, working to build a more vibrant and sustainable community
6) Authorize the city to cosponsor the Run for the Wall in an approximate amount of $2,000 for providing services
022823regccnpuaag 3
7) Authorize a Client Services Agreement for the integration / technical support for the installation of water meters for the Advanced Metering Infrastructure (AMI) project to Wellington Energy, Inc. in the amount of $35,610 using the water asset replacement fund 8) Housing Authority Implementation Status (INF)
End of Consent
REGULAR ITEMS
PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS (A three-minute time limit per person has been established.)
9) Ordinance No. 658-AC amending Chapter 8 Finance, Article II, Section 8-9 Purchasing (second reading - adopt) (ACT)
AND
Resolution No. 2023-13 excepting utility projects and the purchase of supplies or equipment for any such utilities in an amount not to exceed $100,000 from Needles Municipal Code Section 8-9 (e) and (f) (ACT)
10) Authorize those interested to attend the League of California Cities Leaders’ Summit in Sacramento on April 12-14, 2023 using funds from the travel per diem account (ACT)
CITY ATTORNEYS REPORT
CITY MANAGERS REPORT
COUNCIL REQUESTS
Councilmember Campbell
Councilmember McCorkle
Councilmember Merritt
Councilmember Pogue
Councilmember Belt
Councilmember Longbrake
Mayor Jernigan
ADJOURNMENT
INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL
IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.cityofneedles.com
Posted February 24, 2023
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 145.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).
I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting.
Dated this 24th day of February 2023
_________________________
Dale Jones, CMC, City Clerk
City of Needles, California
Request for City Council Action
C8J CITY COUNCIL □ NPUA C8J Regular D Special
Meeting Date:
Title:
February 28, 2023
City Council Ordinance No.659-AC
An Ordinance of the City Council of the City of Needles Amending the Needles Municipal Code (NMC)
City Council Resolution No. 2023-16
A Resolution of the City Council of the City of Needles, Approving the Land Use and Transportation Element and Approving the Mitigated Negative Declaration/Initial Study and adopt a Mitigation Monitoring Program for the Land Use and Transportation Elements of the General Plan Update in accordance with the California Environmental Quality Act (CEQA)
Background: State planning and zoning law (California Government Code Section 65000 et seq.) requires all counties and cities in California to outline a plan for its longterm growth and development through a planning document called a general plan. The general plan acts as a "constitution" for development and is the jurisdiction's lead legal document in relation to growth, development, and resource management issues.
Development regulations (e.g., zoning) are required by law to be consistent with the general plan.
State law also directs jurisdictions to update their general plan as needed to reflect updates in conditions and to reflect changes in state law. While the City recently updated its Housing Element, the bulk of the Needles' General Plan was last updated in 1986 and needs a thorough review and revision. Much has changed over the past 37 years, with some changes presenting challenges and other changes presenting opportunities.
The City was able to obtain over $350,000 in state grants to conduct, review and update its Land Use and Transportation Elements: a $204,000 grant from the California Department of Transportation (Transportation) and $150,000 in grant funds from the Department of Housing and Community Development (Land Use). These grants also covered the necessary activities to update the City Code to maintain consistency between the General Plan and Zoning. Other portions of the General Plan will be updated as necessary in future years.
On February 1, 2023, the Planning Commission held a study session to review the proposed Land Use and Transportation Elements. Public testimony was received and addressed in the updated the land use map accordingly.
Analysis: The City's Land Use and Transportation Elements represent the core of the General Plan and were the most important to update first. These elements designate how land is to be used and developed, position the City for greater economic development, prioritize public and private investments, and structure how people and goods move within Needles.
The draft Land Use and Transportation Elements update the City's long-term policy plan. These elements not only comply with changes in state law to reflect current conditions and opportunities, but also improve the quality of life and economic prosperity for Needles' residents and businesses. The new elements consolidate the two most important topics of the General Plan into a single, streamlined document that contains a new Citywide Vision and revised goals, policies, actions, tables, and maps.
Some of these changes include the following:
-An updated land use map that promotes a compatible mix of land uses that concentrates growth into areas served by infrastructure, provides the flexibility to accommodate a wide range of development opportunities, and maximizes proximity to and the health of the Colorado River and surrounding desert environment;
-An increased number of land use and zoning designations that allow a wide range of housing types (both single-use and mixed-use);
-The addition of explicit density and intensity standards that promote a wide range of development options while ensuring compatibility with surrounding neighborhoods;
-The establishment of a Downtown Core and new street design for Broadway to encourage a vibrant and pedestrian-friendly downtown atmosphere; -An expansion and formal designation of bicycle and pedestrian facilities to facilitate safe and enjoyable movement through Needles for people of all ages; -An update to the roadway network that accommodates growth without increasing the burden of building or maintaining larger roads; and -A clarification on the desired truck network to safely and efficiently move goods through the City.
Additionally, City staff is proposing to consolidate both its General Plan Map and Zoning Map into a "single-map" system where there is one set of land use categories to regulate development. The City currently maintains two maps to regulate land use: one to reflect General Plan land uses and another to represent Zoning Districts. Consistency between these two maps is required but can be difficult to maintain. With the passage of Senate Bill 1333 in late 2018, all jurisdictions in California (including charter cities) must maintain consistency between the General Plan and Zoning maps. 2 A "two-map" system can be helpful in very large jurisdictions where the range of land uses and densities can vary substantially, and a simplified General Plan map of a dozen land use designations can be helpful to guide the implementation of dozens of zoning districts. In Needles, however, the number and nature of land use categories in the current General Plan and Zoning documents are roughly the same but are largely distinct simply because of naming conventions. Instead, a single Land Use and Zoning Map will offer a more clear and efficient way of managing land use and development for all.
Changes to various sections of the Zoning Code related to permitted uses and development standards are proposed to implement and ensure consistency with the proposed Land Use and Transportation Element. The primary focus is on expanding and facilitating development options in the General Commercial (C2) Zone, especially the Downtown Core.
Finally, Article VII, Section is proposed to be replaced in its entirety with a reference to state law. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated.
However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions (e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker's Hill 150 v. City of San Diego, 74 Cal. App. 5th 755 (2022) on amenities and site design).
Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, proposed changes would incorporate and defer to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), to ensure the City maintains consistency with State law and eligibility for various state grants (e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained.
On February 15, 2023, the Planning Commission unanimously approved the General Plan Updates. The following sections of the General Plan Land Use and Transportation Element were updated based on Planning Commission Recommendations: Policy TR1.6 "Roadway Configuration", Action TR-6 "Off Highway Motor Vehicles", expanded the Downtown Core.
Public Engagement: The City conducted a divers set of activities to communicate with the general public and key stakeholders over the past two years. After an initial distribution of a project fact sheet, City staff conducted a community survey and a set of stakeholder interviews, including local businesses, financial institutions, the development community, and public service providers, to identify key issues and opportunities for change.
3 Upon considering the resulting input and conducting an analysis of economic and market conditions, the City presented a wide range of information and ideas for consideration at an in-person Open House in November 2021 at the Needles Recreation Center. The materials presented included maps of existing conditions and visual depictions of strategies to attract new development, enhance the downtown area, improve streets, pedestrian/bicycle facilities, and create new business opportunities.
Over 100 people of all ages attended this Open House and engaged with City staff and the consultant team to identify their thoughts and responses to ideas on how to change land use and transportation planning in Needles. A second Open House was conducted in March 2022 at City Hall to focus on potential strategies and new zoning to stimulate activity and economic development for Downtown Needles. Approximately 20 individuals attended to voice their desires to commemorate and advance the revitalization of the downtown area.
The City also conducted tribal notification and consultation through direct communication with the Native American Heritage Commission, consistent with state law (AB 52 and SB 18). Finally, the City conducted all mandated public distribution and review activities associated with the Mitigated Negative Declaration/Initial Study, prepared in compliance with CEQA guidelines.
Information on the community open houses was placed in the local newspaper, on the City's website, and posted at City Hall, at the City Council chamber facility, and other conspicuous locations throughout the City at least two weeks prior to the event.
Additional notification was communicated through utility inserts.
Public Notification: The public hearing notice for the project, which included a description of the project and information regarding the public comment period, was posted at the City's Planning Department, the City Library, and the City Clerk's office. The notice was also published in the Needles Desert Star on Wednesday, February 1, 2023.
Additionally, every property owner was mailed a notification of potential land use change on January 28, 2023, with most receiving the notification by January 31, 2023.
Fiscal Impact: Facilitates creation of new housing and jobs, which will yield increase in sales and property tax revenue through higher property values, increased spending at current retail stores, and improved market viability to support additional retail stores.
Supported by existing infrastructure and facilities, additional development is expected to generate sufficient revenues to offset added costs for public services and ongoing maintenance over time. Also allows the City to process grant requests for funding projects within the City.
Environmental: Pursuant to CEQA, the City of Needles conducted an environmental review of the proposed updated Land Use and Transportation Elements and determined that the proposed project will not result in any potentially significant impacts that cannot be mitigated. Accordingly, along with updates to portions of the City Code and the Zoning Map, the City intends to adopt a Mitigated Negative Declaration/Initial Study (MND/IS) and Mitigation Monitoring and Reporting Program (MMRP). The Final MND/IS, which includes the MMRP, is attached to this report as Exhibit C. 4 The Draft MND/IS was distributed and circulated for public review on December 2, 2022, for a review period of 30 days as required by CEQA. During the public review period, one letter was received on the environmental document; that letter was from the County of San Bernardino, Department of Public Works, Environmental Management Division. The City fully responded to all comments in the Responses to Comments that was attached to the MND/IS and published in January 2023.
Recommendation:
Approve Resolution No. 2023-16 Approving the Land Use and Transportation Element and Approving the Mitigated Negative Declaration/Initial Study and adopt a Mitigation Monitoring Program for the Land Use and Transportation Elements of the General Plan Update in accordance with the California Environmental Quality Act (CEQA) Approve Ordinance 659-AC Amending the Needles Municipal Code (NMC) Section
92.00 "Definitions" and Section 93.04 "Commercial Zones" and Section 96.01 "Table of Permissible Uses" and Section 98.00 "Site Dimensions" and Section 99.03 ''Table of Minimum Dwelling Unit Floor Area" and Section 99.05 "Height of Structures. Table of Height Limits-Nonresidential Zones" and Section 99.06.02 "Common Usable Open Space Area" and Section 99.06.05 "Front, Side, Rear yards. Table of Yards RequiredNonresidential Zones" and Section 99.06.09 "Courts" and Section 111.04.27 "Downtown Core Parking Requirements" and Section 12A-6 "Regulations Applicable to Retail Cannabis Businesses" and Section 12A-7 "Regulations Applicable to Cultivation Facilities" and Section 12A-9 "Regulations Applicable to Manufacturing Sites" and Section 12A-10 "Regulations Applicable to Testing Laboratories" and Section 12A-11 "Regulations Applicable to Distribution/Transportation Facilities" and Rescinding Ordinance 620-AC Article VII Intensity of Uses and Replacing Submitted By: Patrick Martinez, Assistant City Manager/Development Services Colin Drukker, Placeworks, Inc
City Management Review: ~\~
Approved: □ Not Approved □ Tabled: □ Other □
Agenda Item: _ __,_~.::_,..____
5 ORDINANCE 659-AC
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEEDLES,
CALIFORNIA, AMENDING THE NEEDLES MUNICIPAL CODE (NMC) SECTION
92.00 "DEFINITIONS" AND SECTION 93.04 "COMMERCIAL ZONES" AND SECTION 96.01 "TABLE OF PERMISSIBLE USES" AND SECTION 98.00 "SITE DIMENSIONS" AND SECTION 99.03 "TABLE OF MINIMUM DWELLING UNIT FLOOR AREA" AND SECTION 99.05 "HEIGHT OF STRUCTURES. TABLE OF HEIGHT LIMITS-NONRESIDENTIAL ZONES" AND SECTION 99.06.02 "COMMON USABLE OPEN SPACE AREA" AND SECTION 99.06.05 "FRONT, SIDE, REARY ARDS. TABLE OF YARDS REQUIRED- NONRESIDENTIAL ZONES" AND SECTION 99.06.09 "COURTS" AND SECTION 111.04.27 "DOWNTOWN CORE PARKING REQUIREMENTS" AND SECTION 12A-6
"REGULATIONS APPLICABLE TO RETAIL CANNABIS BUSINESSES" AND SECTION 12A-7 "REGULATIONS APPLICABLE TO CULTIVATION
FACILITIES" AND SECTION 12A-9 "REGULATIONS APPLICABLE TO MANUFACTURING SITES" AND SECTION 12A-10 "REGULATIONS
APPLICABLE TO TESTING LABORATORIES" AND SECTION 12A-11
"REGULATIONS APPLICABLE TO DISTRIBUTION/TRANSPORTATION
FACILITIES" AND RESCINDING ORDINANCE 620-AC ARTICLE VII INTENSITY
OF USES AND REPLACING
WHEREAS, the City of Needles ("City") is required by California Government Code Section 65302 to adopt and maintain a General Plan, as defined therein; and WHEREAS, California Government Code Section 65358(a) authorizes the City Council to amend the General Plan if it is deemed to be in the public interest; and WHEREAS, the City last completed a comprehensive update to its General Plan in 1986; and
WHEREAS, by its very nature, the General Plan is subject to update and revision to account for current and future community needs; and
WHEREAS, the Land Use and Transportation Elements are two of the seven Statemandated General Plan chapters or "elements" and are a component of the City's General Plan; and
WHEREAS, changes to various sections of the Zoning Code related to permitted uses and development standards are proposed to implement and ensure consistency with the proposed Land Use and Transportation Element Exhibit "A"; and
WHEREAS, an updated land use map that promotes a compatible mix of land uses that concentrates growth into areas served by infrastructure, provides the flexibility to accommodate a wide range of development opportunities, and maximizes proximity to and the health of the Colorado River and surrounding dese1t environment Exhibit "B"; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Mitigated Negative Declaration/Initial Study ("MND/IS") and accompanying Mitigation Monitoring Reporting Program ("MMRP") was prepared analyzing all phases and potential impacts of the Project. The MND and MMRP are attached hereto and incorporated herein as Exhibit "C"; and WHEREAS, the MND/IS was distributed and circulated for public review on December 2, 2022, for a review period of 30 days as required by CEQA. The 30-day comment period was extended to January 3, 2023 to allow for review and comments from state and local agencies. During the public review period, one letter was received on the environmental document; that letter was from the County of San Bernardino, Department of Public Works, Environmental Management Division. The City fully responded to all comments in the Responses to Comments attached to the Final MND/IS and published in January 2023; and
WHEREAS, copies of the Responses to Comments were distributed to those parties that commented on the document during the review period; and WHEREAS, as contained here, the City has endeavored in good faith to set forth the basis for its decision on the proposed Project; and
WHEREAS, the City has endeavored to take all steps and impose all conditions necessary to ensure that impacts to the environment would not be significant; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Ordinance are based upon the oral and written evidence before it as a whole; and WHEREAS, the City Council has reviewed the MND, Initial Study, and all other relevant information contained in the record regarding the Project; and WHEREAS, Article VII, Section is proposed to be replaced in its entirety with the following. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated. However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions ( e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker's Hill 150 v. City of San Diego, 74 Cal. App. 5th 755 (2022) on amenities and site design); and
WHEREAS, Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, incorporating and deferring to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), will ensure the City maintains consistency with State law and eligibility for various state grants ( e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained; and WHEREAS, on February 14, 2023, at a regularly-scheduled City Council meeting, a study session was held and the public was afforded an opportunity to comment on the Project and the MND/IS, and the Planning Commission discussed and considered the Project and the MND/IS; and
WHEREAS, on February 15, 2023, the Needles Planning Commission approved RESOLUTION NO. 02-15-2023 PC recommending City Council approval ofan Ordinance amending the City Code and Land Use Map associated with the General Plan Update; and WHEREAS, a public hearing notice for the Needles City Council meeting was published in the Needles Desert Star 10 days prior to said meeting and property owners were notified; and WHEREAS, the Needles City Council has sufficiently considered all testimony and any documentary evidence presented to them in order to make the following determination.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofNeedles does ordain as follows:
SECTION 1. Recitals. The recitals above are hereby incorporated by reference as a substantive component of this Ordinance.
SECTION 2. Compliance with CEQA. As the advisory body to the City Council, the Planning Commission has independently reviewed and considered the information contained in the MND/IS, and administrative record, on file with the City and available for review at the City offices located at 817 Third Street, Needles, California. The Planning Commission finds that the MND/IS have been completed in compliance with CEQA and the State CEQA Guidelines.
SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist to approve an amendment to the Needles Municipal Code (NMC), attached as "Exhibit "A".
SECTION 4. The City Council HEREBY APPROVES Ordinance 659-AC for an amendment to the Needles Municipal Code (NMC) attached as Exhibit "A".
SECTION 4. This action shall become final and effective 30 days after this decision by the City Council as provided by the Needles City Code.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Needles, California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Needles, California, held on the 28th day of February 2023, by the following roll call vote:
AYES:
NOES
ABSENT
ABSTAIN
Attest:
Mayor
City Clerk
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 14th day of March 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
(Seal) Attest:
City Clerk
Approved as to form:
City Attorney
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" Amendments to City Code
A. Section 92.00 Definitions
Downtown Core. The "Dow ntown Core" is defined by the following boundaries: from the west side of H Street to the east side of D Street and extending to the north side of Front Street (including El Garces) or Quinn Court, and to the south side of 3rd Street, as depicted in the General Plan. This area is intended for a pedestrian- and experience-oriented downtown that serves as a local gathering place and regional destination.
Mixed-use residential. A "mixed-use residential" development contains a mix of residential and nonresidential uses that are vertically and/or horizontally integrated into a single building or on a single project site. If there is more than one building proposed, all buildings are designed to be internally accessible by pedestrians.
B. Section 93.04 Commercial Zones
(c) C-2 General Commercial Zone. This zone is generally intended for ~ses in the central b~siness elistrict (f'lartic~larly those that are f'leelestrian orienteel) accornrnoelating to accommodate a wide range of commercial uses that are compatible with and integrated alongside anel associateel residential uses. The Downtown Core area is intended to foster a pedestrian- and experienceoriented environment through a blend of commercial, high density residential, and mixed-use residential development. Permitted residential density is eight (8) to thirty (30) units per net acre.
C. Section 96.01 "Table of permissible uses"
Zones: Rl R2 R3 CRR Cl C2 C3 Ml M2 p
1.00 Residential
1.20.1 Single Family, 1 du/ lot z z z z i
1.20.2 Single Family, 2 du/ lot z z z z - 1.30.1 Accessory Dwelling Units z z z z i z
1.30.2 Junior Accessory Dwelling z z z z i z
Units
1.30.3 Manufactured & Tiny z z z z i &I
Homes
1.40 Primary with accessory s z z z
apartment
1.50 Duplex z z z &Z
1.60 Multifamily apartments z C &Z
1.62 Multi-Family Apt-Conversion C (; C (; (;
1.70 Multifamily town homes &Z C z
1.75 Multifamily condos &Z C z
1.80 Mobilehome parks C C s
1.85 R.V. parks C C s C
1.90 Planned residential C C C ~
development
1.95 Mixed-use residential C
02/ 22/ 2023 Page 1 of9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" * 5 Applications that do not comply with the criteria for ministerial review are subject to the review and approval of the Planning Commission through a Special Use Permit w/o a public hearing
** Manufactured homes are only permitted in the C-2 zone in a multifamily format. Tiny homes are only permitted in the C-2 zone as ADUs.
D. Section 98.00 Site dimensions.
For corner lots in single-family residential zones, the minimum lot area shall be increased by five hundred (500) square feet and the minimum lot width shall be increased by ten (10) feet over the amounts shown in this table. lot depth shall not be more than three times the lot width. (Ord. No. 427-AC, (part).)
For residential development in the C-2 zone, the minimum site dimensions shall be the same as those required for the R-3 zone. For mixed-use residential development in the C-2 zone, the minimum site dimensions shall be the same as those required for the CRR zone. The maximum density for any residential or mixed-used residential project shall be 30 dwelling units to the acre.
E. Section 99.03 "Table of minimum dwelling unit floor area" Minimum Gross Floor Area (square feet per dwelling unit) 0 Bedroom 1 Bedroom 2 Bedroom 3+ Bedroom
liiiRgle J:affiil•; ldRitZone Unit Unit Unit Unit
R-1 and CRR zones 900 1,000 1,100 1,200
R-2 zone 550* 800 950 1,050
R-3 and C-2 zones 550* 650 800 950
C-2 zone, Downtown CoreL 450* 600* 800 900 1100 per
.i;~lderly housing in any zone additioRal
eedrooffi
IRfill ROl:l5iRg iR tl:!e IU;l,0. +W +W goo 8W
* multifamily units
Note: Each additional bedroom beyond 3 requires an additional 100 square foot minimum to the gross floor area.
02/22/2023 Page 2 of 9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" F. Section 99.05 Height of Structures.
Height Limits - Residential zones
Maximum Height
Zones Type of Building Maximum Height
Rl Main building 2 stories or 35 feet,
whichever is less
R2,R3 Main building 3 stories or 45 feet,
whichever is less
Height Limits - Nonresidential zones
Maximum Height
Within 50 Feet More than 50 Feet
Zones of any Residential Zone from any Residential Zone C1,C2,C3 Nonresidential uses: 1 story or 15 feet, No height restrictions whichever is less. No higher than average
height of neighboring structures
Residential or mixed-use residential uses:
3 stories or 45 feet, whichever is less.
Ml, M2 20 feet. No higher than average height of At any point the height shall not be neighboring structures more than 35 feet plus 1 foot for each foot of horizontal distance in excess of
50 feet from the nearest residential
zone
G. Section 99.06.02. Common usable open space area.
For all multi-family residential uses, the open area provided shall include common usable open area of at least two hundred (200) square feet per dwelling unit for the first twenty (20) dwelling units, plus one hundred fifty (150) square feet per dwelling unit for the next twenty (20) dwelling units, plus one hundred (100) square feet per dwelling unit for each additional dwelling unit. The minimum dimensions of such common usable open area shall be ten (10) feet in each direction and the least horizontal dimension shall be at least one-third (1/3) of the greatest horizontal dimension. (Ord. No. 427-AC, (part).) For stand-alone multi-family residential uses built in the Downtown Core, the amount of common open space required shall be reduced by 50 percent. For multi-family residential uses built as part of a mixed-use residential development in the Downtown Core, the amount of common open space required shall be reduced by 75 percent. 02/22/2023 Page 3 of 9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" H. Section 99.06.05. Front, side, rear yards. "Table of yards required - nonresidential zones" C- 2
C-3
CRR
YARDS REQUIRED--NONRESIDENTIAL ZONES
Front Yard Side Yard or Rear Yard
Abutting Abutting Property Abutting Property in
Zone a Street in Res identia l Zo ne Nonresidential Zone M-1
M-2
10 feet
10 feet
10 feet
25 feet
25 feet
0 0
0 0
0 (Ord. No. 427-AC, (part) . )
Side Yard or Rear Yard
Abutting Property in Abutting Property in
Zone Front Yard Abutting a Street Residential Zone Non-residential Zone C-1 0' 5' 10' 0'
C-2 0' 0'*/5' 10' 0'
C-3 0' 5' 10' 0'
M-1 0' 5' 25' 0'
M-2 0' 5' 25' 0'
* No setback reguired in Downtown Core
I. Section 99.06.09. Courts.
In the CRR, R-2 and R-3 zones, where the arrangement of a building or buildings on the same lot creates a court (an open space surrounded on all sides by buildings, but not necessarily completely enclosed), such court shall contain a rectangular open area at least thirty (30) feet by forty (40) feet in horizontal dimensions. (Ord. No. 427-AC, (part).) This standard shall also apply to multifamily and mixed-use residential development in the C-2 zone.
J. Section 111.04.27 Downtown Core parking requirements. (NEW SUBSECTION] For uses proposed in the Downtown Core, the number of off-street parking spaces may be reduced by the Planning Commission, provided the following conditions are met:
(al The applicant submits written documentation in the form of a parking study or other documentation that the number of spaces to be provided will be sufficient to meet the needs of their residents, residents' guests. employees, and customers. (bl The applicant proves that the amount of off-street parking to be reduced will be provided through public parking spaces that are routinely available in a parking lot/garage or onstreet spaces that are within 400 feet walking distance from a pedestrian entrance to the use.
02/22/2023 Page 4 of 9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" (c) Additional reductions may be approved through the provisions of Section 11.04.09, Parking ratios for a combination of entities.
K. Section 12A-6 Regulations Applicable to Retail Cannabis Businesses. (W) The Retail Cannabis Business shall not be operated within: a residence; the Downtown Core; within a six hundred (600) foot radius of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Retail Cannabis Business is located.
L. Section 12A-7 Regulations Applicable to Cultivation Facilities. (H) The Cultivation Facility shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Cultivation Facility is located.
M. Section 12A-9 Regulations Applicable to Manufacturing Sites. (F) The Manufacturing Site shall not be operated within: a residence; the Downtown Core; within a six hundred (600) foot radius of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Manufacturing Site is located.
N. Section 12A-10 Regulations Applicable to Testing Laboratories. (D) The Testing Laboratory shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses 02/22/2023 Page 5 of 9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" described in this Subsection to the closest property line of the lot on which the Testing Laboratory is located.
O. Section 12A-11 Regulations Applicable to Distribution/Transportation Facilities. (D) The Distribution/Transportation Facility shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Distribution/Transportation Facility is located.
Article VII, Section is proposed to be replaced in its entirety with the following. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated. However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions (e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker's Hi/1150 v. City of San Diego, 74 Cal.
App. 5th 755 (2022) on amenities and site design).
Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, incorporating and deferring to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), will ensure the City maintains consistency with State law and eligibility for various state grants (e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained.
Article VII. Intensity of Uses
Ord 427-AC, 620-AC
Sec. 97.00. Residential zone densities with no bonuses.
Before any density bonuses are applied, the number of dwelling units permitted in a residential development shall not exceed the following amounts:
DENSITY (dwelling units per net acre)
1.0-7.0
8.0-17.0
ZONE
R-1
R-2
R-3
CRR
18.0-30.0
1.0-30.0
(Ord. No. 427-AC)
02/22/2023 Page 6 of 9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" Sec. 97.01. Density Bonus and Related Incentives and Concessions Program.
Sec. 97.0l(a). Purpose. The purpose of this Section 97.01 is to encourage the development of affordable housing in accordance with state law.
Sec. 97.0l(b). State law incorporated. The City shall provide the density bonuses and other incentives that are required by Government Code Section 65915, et seq. (known as the State Density Bonus Law).
Sec. 97.0l(c). Definitions. The definition of terms shall be as provided in Government Code Section 65915, et seq. In addition, the following definitions shall control over any conflicting definitions in other Sections of the Needles Municipal Code. State law definitions, as they may be amended from t ime to time, control over the definitions in this section.
(1) Affordable Housing Benefits means one or more the of the following, as defined in Government Code Section 65915, et seq.:
a) A density bonus;
bl An incentive or concession;
cl A development standard waiver or modification; and
d) A parking standard modification.
(2) Affordable Housing Developer means the applicant or permittee of a Qualified Housing Development and its assignees or successors in interest .
(3) Qualified Housing Development means a housing development that meets the requirements of Government Code Section 65915, et seq.
Sec. 97.0l(d). Target Rents and Mortgage Payments. Target rents and Mortgage payments shall be as provided in Government Code Section 65915, et seq.
Sec. 97.0l(e). Affordability Requirements. The affordability requirements shall be as provided in Government Code Section 65915, et seq.
Sec. 97.0l(f). Application Required. When an applicant seeks a density bonus for a Housing Development that meets the criteria set out in Government Code Section 65915, et seq., the Affordable Housing Developer must also comply with all of the following requirements:
(1) The applicant shall file an application for a Density Bonus Permit in accordance with Sections 97.0l(f) and 97.0l(g) that includes an affordable housing component consistent with Government Code Section 65915, et seq., whether or not the project also requires or has been granted a special use permit or other permits or approvals.
(2) Enter into an agreement with the City or its designee pursuant to Section 97.0l(k) to maintain and enforce the affordable housing component of the housing development. (3) When an applicant seeks a density bonus for a development or for a donation of land, the applicant bears the burden of establishing that the housing development meets such requirements.
Sec. 97.0l(g). Content of Application.
(1) The application for a Density Bonus Permit shall include the following information in accordance with Government Code Section 65915, et seq.:
(a) A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, and the location, design, and phasing of all units; (b) A breakdown of the current and proposed general plan and zoning designations, maximum 02/22/2023 Page 7 of 9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit 11B11 possible density permitted under the current general plan and zoning; (cl In applications involving the donation of land and/or child care facilities, the location of such land and/or facilities and a detailed description of compliance with the conditions and definitions in state law;
(d) A calculation of the density bonus allowed pursuant to state law, including the percentage of density bonus, percentage of income-restricted units, and number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan description;
(e) A description of the density bonus and/or the incentives or concessions requested (if any). including a detailed explanation as to how the request wi ll enable the applicant to provide housing at the target rents or mortgage payments. Except as explicitly stated in state law, modification of development standards and/or granting of incentives or concessions will be approved only to the extent necessary to achieve the target housing affordability goals; (f) The proposed method of ensuring the continued affordability of all income-restricted units, for the applicable time period(s) in state law;
(g) Other relevant information as required by state law; and (h) Other information requested by City staff, provided it pertains to cost reductions. (2) An application for a Density Bonus permit will not be processed until all of the provisions of this Section are complied with as determined by the Director and shall be processed concurrently with other required entitlements for which the Affordable Housing Benefit is sought. Prior to the submittal of an application for a Qualified Housing Development, an applicant may submit to the Director a preliminary proposal for Affordable Housing Benefits. The Director shall, within 90 days of receipt of a written proposal. notify the applicant of the director' s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director's preliminary response. Approval of a Density Bonus permit shall be at the same level as the planning entitlement action for the project with the highest requirement.
97.0l(h) Findings for Approval.
(ll Before the Planning Commission or City Council may grant a density bonus, it must make all of the following findings:
(al As required by state law, the City shall grant a density bonus in accordance with Government Code Section 65915 et seq.;
(bl As required by state law, the City shall grant an incentive or concession in accordance with Government Code Section 65915 et seq., unless the City makes any of the findings contained therein; (2l Effect on other actions. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment. zoning change, or other discretionary approval; (3) Other City incentives. This Section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirement, except as otherwise provided by state law.
97.0l(i) Appeals.
(ll If the decision to approve or deny an application for an Affordable Housing Benefit is made by the Director, any person may appeal the decision. The appeal shall be in writing, state the grounds for appeal, and shall be filed with the City Clerk within 15 calendar days of the date of the mailing of the Director's decision, together with the appeal fee adopted by resolution of the City Council. The decision of the hearing officer shall be final.
(2l If the decision to approve or deny an application for an Affordable Housing Benefit is made by the Planning Commission, then an appeal may be filed to the City Council. 02/22/2023 Page 8 of 9
Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft/ Exhibit "B" (3) Notwithstanding the provisions of Section 97 .0l(k). if the determination of the underlying application for the Qualified Housing Development is also appealed along with the decision of the Affordable Housing Benefit. then the entire project shall be controlled by the appeal procedures applicable to the underlying application.
Sec. 97.0l(j). Fees.
(1) An application for Density Bonus Permit shall be accompanied by the fee set by resolution of the City Council, including fees necessary to monitor and enforce the provisions of this Section. (2) If an application for a Density Bonus Permit requires an unusual amount or specialized type of study or evaluation by City staff, a consultant or legal counsel. City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application. City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.
Sec. 97.0l(k). Affordable Housing Agreement and Equity Sharing Agreement. A Density Bonus shall only be granted if and when the Affordable Housing Developer. or its designee approved in writing by the Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement. with the City or its designee pursuant to. in compliance with, and to implement this Section and state law. The agreements shall be in the form provided by the City which shall contain terms and conditions mandated by, or necessary to implement. state law and this Article. The Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to. or concurrently with, final map recordation or, where the Qualified Housing Development does not include a map. prior to issuance of a building permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by City Attorney for legal form and sufficiency.
Sec. 97 .01(1). Severability. If any provision(s) of this Section or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application. and to this end. the provisions of the ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection. sentence. clause, phrase, part or portion thereof, even though any one or more sections, subsections, clauses. phrases. parts or portions thereof was declared invalid or unconstitutional.
02/22/2023 Page 9 of 9
City of Needles
Land Use & Transportation Element
Lead Agency:
CITY OF NEEDLES
817 Third Street
Needles, CA 92363
Contact: Patrick Martinez,
Director of Development Services/ Assistant City Manager 760.326.2113
Prepared by:
PLACEWORKS
3 Macarthur Place, #1100
Santa Ana, CA 92707
Contact: Colin Drukker, Principal
714-966-9220
PUBLIC REVIEW DRAFT, VERSION 3
February 2023
PUBLIC HEARING DRAFT
TABLE OF CONTENTS
Background ................................................................................................................................................. 1 Purpose .......................................................................................................................................................... 1 Planning Context ............................................................................................................................................ 1 Citywide Vision ............................................................................................................................................... 2 Land Use ..................................................................................................................................................... 3 Goals & Policies .............................................................................................................................................. 3 Implementation ............................................................................................................................................. 4 Transportation ............................................................................................................................................ 5 Goals & Policies .............................................................................................................................................. 5 Implementation ............................................................................................................................................. 7 Exhibits ....................................................................................................................................................... 8 Exhibit 1: Land Use and Zoning Designations ................................................................................................ 8 Exhibit 2: Land Use and Zoning Map ............................................................................................................ 10 Exhibit 3: Downtown Core Boundaries ........................................................................................................ 11 Exhibit 4: Roadway Network ........................................................................................................................ 12 Exhibit 5: Bicycle and Pedestrian Network .................................................................................................. 13 Exhibit 6: Transit Network ............................................................................................................................ 14 Exhibit 7: Truck Network .............................................................................................................................. 15 Exhibit 8: Airport Safety and Planning Area ................................................................................................. 16 Exhibit 9: Street Sections ............................................................................................................................. 17 Funding Sources
The City received a $160,000 from the State of California in 2020 through the SB 2 Planning Grants Program and $203,987 from Ca It rans in 2020 through the SB 1 Sustainable Communities Grants Program to update its existing Land Use and Transportation Elements to bring the City into compliance with state law and create a better community for residents, businesses, and visitors of Needles. The City supplemented this funding with local match dollars and staff resources.
As directed by Caltrans funding requirements, the following copyright notice is applied, although there shall be no limitation on the City of Needles on the use or distribution of this document or its contents. ©2023 California Department of Transportation and AGENCY. All Rights Reserved.
Land Use & Transportation Element City of Needles
PUBLIC HEARING DRAFT
BACKGROUND
Purpose
The Land Use and Transportation Element provides the long-term planning direction on the orderly growth and management of Needles through a series of goals, policies, maps, and tables. This Element addresses the physical pattern of development, the location and interaction of various land uses, and the design and extent of transportation networks to foster a more enjoyable and prosperous life in Needles.
Planning Context
The broader planning context for Needles spans across three states in the southwest US: the vast stretches of undeveloped desert land in California; the Colorado River as the eastern border and primary resource for economic development, water, and energy; the Mojave Valley and nearby cities and towns in Arizona and Nevada; and, from a regulatory and economic perspective, the whole of Southern California.
The City's official planning context is referred to as its sphere of influence (SOI) and represents the land area where future urbanized development will most likely be serviced by the City of Needles. The SOI includes both area within the incorporated boundaries and adjacent unincorporated areas and represents over 350,000 acres (556 square miles) of land.
The vast majority of the unincorporated SOI is owned and controlled by the federal government and is unlikely to be urbanized through conventional development within the next 20 to SO years. The incorporated SOI is large enough to provide opportunities for urban development for decades to come, with city boundaries encompassing nearly 20,000 acres (31 square miles), of which roughly 2,200 acres are currently used for urban activities and the balance is vacant.
Land Use & Transportation Element 1 City of Needles
PUBLIC HEARING DRAFT
Accordingly, the City's General Plan focuses its attention on the incorporated boundaries. From a planning perspective, the City considers the County of San Bernardino's Policy Plan to be the guiding planning document for the entirety of the unincorporated SOI.
Citywide Vision
Needles is a prosperous, safe, full-service city along the Colorado River amidst the beauty of the Mojave Desert.
Housing options range from large and secluded rural homes to clusters of single family and multifamily homes in neighborhoods to higher density options along the water and in the downtown. With continual population growth, a greater number and variety of retail stores choose to locate in Needles and enhance local access to essential goods and services. The vibrant and walkable downtown is where the community comes to shop, dine, gather, and celebrate its history and culture. The City coordinates closely with the primary and secondary school districts to enhance educational and training opportunities for those growing up and continuing to learn in Needles. People of all ages and abilities can move around Needles safely and efficiently along citywide networks that support those traveling by car, bus, bike, or foot.
Economic opportunities include jobs for the local community, the ability to start a small business and expand a growing business, and the entrepreneurial spirit to support pioneering industries that can leverage Needles' unique location and access to plentiful water and low-cost energy. Daytime and overnight visitors enjoy incredible access to the River, the surrounding desert, and convenient shops and restaurants.
The City maintains and improves the quality of life for and safety of its residents, workers, and visitors through ongoing and strategic public improvements to essential infrastructure, public services, and community facilities. Underlying all City decisions is an approach to governance that embraces flexibility while adhering to tenets of fiscal sustainability and incorporating long-term thinking into short-term decision-making.
Note: The above vision statement is intended to be inspirational and set the direction for the General Plan's goals, policies, maps, and tables, as well as implementation programs, City Council Goals, and other long-term planning efforts.
Land Use & Transportation Element 2 City of Needles
PUBLIC HEARING DRAFT
LAND USE
Goals & Policies
GOAL LU-1 A COMPATIBLE AND BALANCED MIX OF LAND USES THAT ENABLE PEOPLE TO LIVE
AND WORK IN NEEDLES
Policy LU-1.1 Growth management. Encourage new development to take place in areas that are already served by existing utilities, expanding and improving systems and capacity as appropriate and fiscally sustainable. Discourage development and extension of services outside of the City's incorporated boundaries.
Policy LU-1.2 New housing construction. Promote and facilitate residential development to provide housing opportunities for those working in Needles and to help attract and retain key commercial services within Needles. Expand opportunities for multifamily and mixed-use residential development into General Commercial areas.
Policy LU-1.3 Compatibility with existing uses. Require that new development be located, scaled, buffered, and designed to minimize negative impacts on existing conforming uses and adjacent neighborhoods. Require new residential development to be located, scaled, buffered, and designed so as to not hinder the viability and continuity of existing conforming nonresidential development.
Policy LU-1.4 Compatibility with planned uses. Require that new development and proposed general plan amendments are located, scaled, buffered, and designed to minimize negative impacts both on and from adjacent areas as designated on the Land Use Map.
Policy LU-1.5 Land use buffers. Require appropriate buffering between commercial, manufacturing, and other land use/zoning designations, considering noise, odors, vibration, emissions, and vehicular traffic.
Policy LU-1.6 Cannabis dispensaries. Limit retail cannabis dispensaries to General Commercial areas that are outside of the downtown core and adjacent to residential neighborhoods.
Policy LU-1.7 Environmentally sensitive development. Require new development to maximize its compatibility with the natural environment and avoid expansions or encroachments into environmentally sensitive areas.
Policy LU-1.8 Public facilities. Plan and coordinate to locate land and size facilities dedicated to open space, parks, education, and other public uses as appropriate to serve existing and future residents.
GOAL LU-2 A DIVERSIFIED LOCAL ECONOMY THAT CREATES JOBS AND A SUSTAINABLE
REVENUE STREAM
Policy LU-2.1 Business attraction and investment. Expand economic investment and high quality job opportunities through reinvestment by existing businesses and new investment from new businesses, particularly those that will provide jobs for Needles residents.
Land Use & Transportation Element 3 City of Needles
PUBLIC HEARING DRAFT
Policy LU-2.2 Workforce development. Facilitate engagement between local businesses and the Workforce Development Board, the community college, and school district to support hiring, training, and retention of workers.
Policy LU-2.3 Energy and water advantages. Conduct marketing and economic development activities to attract new businesses that can leverage Needles' energy and water advantages.
Policy LU-2.4 Rivers Edge. Promote management of the Rivers Edge Golf Course to a fiscally sustainable format.
GOAL LU-3 EXPANDED AND IMPROVED PUBLIC ACCESS AND USE OF THE COLORADO RIVER Policy LU-3.1 River improvements. Promote the public and seasonal use of the River through public improvements.
Policy LU-3.2 New development. Leverage public property to facilitate hotel and resort development and expand public access to and use of the Colorado River.
Policy LU-3.3 Open space and recreation. Seek to expand or create large public open space and recreation space along the Colorado River.
GOAL LU-4 A PEDESTRIAN AND EXPERIENCE-ORIENTED DOWNTOWN CORE THAT SERVES AS
A LOCAL GATHERING PLACE AND REGIONAL DESTINATION
Policy LU-4.1 Downtown core. Promote the development of higher intensity residential, commercial, and mixed-use development in the downtown core, with building and site designs that facilitate a walkable, experience-oriented atmosphere.
Policy LU-4.2 Downtown spaces and programming. Establish, design, maintain, and program public spaces in the downtown core for public gathering, community activities, and tourism-generating events, particularly along or connecting to Broadway and Santa Fe Park.
Policy LU-4.3 Adaptive reuse. Encourage the adaptive reuse of existing structures in the downtown core, especially those that are of local historic and/or architectural value.
Implementation
Action LU-1
Action LU-2
Action LU-3
New housing. Coordinate with the Southern California Association of Nonprofit Housing, the California Department of Housing and Community Development, and other ag~ncies and organizations to identify funding and programs that would incentivize the construction of new housing in Needles.
Grocery store. Explore marketing, funding, and financing opportunities to facilitate the location of a full-service grocery store in Needles.
Business development and workforce training. Coordinate with the Inland Empire Small business development center, Workforce Development Center, and community college district to expand opportunities for business startups and training programs in Needles, both for those that serve existing businesses and industries that can leverage Needles' location and resources.
Land Use & Transportation Element 4 City of Needles
Action LU-4
Action LU-5
Action LU-6
Action LU-7
PUBLIC HEARING DRAFT
Rivers Edge Golf Course. Explore potential alternatives designs for the Rivers Edge Golf Course that could improve fiscally sustainability, such as different hole formats, a driving range, and/ or hotel.
Programming downtown and Broadway. Identify partners and opportunities to program the Downtown Core and a redesigned Broadway for community and seasonal events and festivals.
Historic survey. Identify and pursue funding to conduct a historical survey of downtown Needles.
Adaptive reuse and rehabilitation. Identify and pursue funding to facilitate adaptive reuse and rehabilitation of residential and commercial businesses, either to abate blighted conditions or facilitate reuse by a new occupant or business.
TRANSPORTATION
Goals & Policies
GOAL TR-1 A SAFE, EFFICIENT, AND FISCALLY SUSTAINABLE NETWORK OF STREETS THAT ARE
ADEQUATE FOR RESIDENTS, BUSINESSES, VISITORS, AND EMERGENCY SERVICES Policy TR-1.1 Comprehensive network. Plan, design, operate, and maintain transportation networks that promot e safe and convenient travel within and through Needles t o and from key destinations as appropriate for all users: pedestrians, bicyclist s, transit riders, freight, and motorist s.
Policy TR-1.2 Level of service. Maintain level of service (LOS) "D" or better along and at intersections of Broadway between J Street and Needles Highway, Needles Highway between Broadway and North I< Street, and North I< Street between Needles Highway and the Arizona state line.
Maintain LOS Cat all other public roadways and intersections during peak hours.
Policy TR-1.3 Fair share of improvements. Require new development to pay a fair share of needed transportation improvements based on a project's impacts to the multimodal transportation network.
Policy TR-1.4 VMT reduction. Promote new development and transportation improvements that will reduce household and employment vehicle miles traveled (VMT) relat ive to existing conditions.
Policy TR-1.5 Road maintenance. Regularly update the pavement management plan and maintain roadways to ensure safety and functionality, as an investment strategy, and to improve the City's image and quality of life.
Policy TR-1.6 Roadway configuration. Maintain existing roadway rights-of-way dimensions and the number of existing vehicle travel lanes to preserve Needles' small t own atmosphere and manage ongoing maintenance cost s. Allow expansions in roadway configuration when necessary and fiscally sustainable in order to meet desired levels of service.
Land Use & Transportation Element 5 City of Needles
PUBLIC HEARING DRAFT
Policy TR-1.7 Medians. Avoid the installation of medians to enhance access and response times for emergency vehicles and to minimize the proportion of ROW dedicated to travel lanes. Allow medians for roadways if necessary to enhance safety, provided pedestrian and bicycle crossings are not expected.
Policy TR-1.8 Downtown parking. Create and support flexible parking requirements and centralized parking options for downtown businesses.
Policy TR-1.9 Truck routes. Plan and designate routes where trucks are prohibited to avoid overlaps or conflicts with safe routes to schools, residential neighborhoods, noise-sensitive uses, and roads that are not designed and paved to accommodate trucks.
Policy TR-1.10 Scenic highways. Comply with state requirements regarding scenic highways along Interstate 40, maintaining the rights-of-way to protect and enhance the City's scenic resources.
Policy TR-1.11 Colorado River Bridge. Pursue and support options to fund maintenance and improvements to the bridge across the Colorado River in a manner that is fiscally sustainable.
Policy TR-1.12 Vehicular crossings at railroads. Encourage the installation, modernization, and improvement of grade separations at rail crossings to facilitate more convenient access for cars, trucks, and emergency vehicles.
GOAL TR-2 A MULTIMODAL NETWORK THAT PROVIDES FOR THE SAFE AND CONVENIENT
MOVEMENT OF PEOPLE OF ALL AGES AND ABILITIES
Policy TR-2.1 Nonmotorized networks. Establish and maintain citywide networks of nonmotorized travel ways that create pedestrian and bicycle linkages between neighborhoods, recreational amenities, schools, employment centers, and commercial areas.
Policy TR-2. 2 Multimodal design. The design of the overall transportation network, individual roads, and pedestrian/bicycle facilities should consider the comfort, convenience, and safety of pedestrians, bicyclists, and motorists of all ages and abilities. Within public road rights-of-way, prioritize the design and use of the space outside of travel lanes and parking areas to serve pedestrians, bicycles, and transit service.
Policy TR-2.3 Context-sensitive design. Design vehicular, pedestrian, and bicycle facilities and networks based on a combination of their land use and roadway context to promote safety and efficiency for all users.
Policy TR-2.4 Pedestrian- and bicycle-friendly streets. Create and maintain pedestrian- and bicycle-friendly public streets within residential neighborhoods and the downtown core; around schools, parks, and public facilities; and along neighborhood and general commercial centers. Promote dedicated facilities instead of shared facilities for pedestrians and bicyclists.
Policy TR-2.5 Pedestrian and bicycle crossings at railroads. Coordinate with BNSF and pursue funding to modernize existing and establish new grade-separated railroad crossings to enhance connectivity for pedestrians and bicyclists.
Land Use & Transportation Element 6 City of Needles
PUBLIC HEARING DRAFT
Policy TR-2.6 Electric bikes. Support and encourage the use of electric bicycles to reduce resident and employee reliance on cars, resulting in greater mobility while lowering vehicle miles traveled and associated emissions.
Policy TR-2.7 Transit service. Maintain and enhance transit services to provide residents and workers with accessible and convenient service between residential neighborhoods, commercial centers, employment nodes, and medical facilities. Expand transit service as feasible to facilitate access to the Colorado River for residents and tourists.
Policy TR-2.8 Safe routes to school and recreation. Provide pathways and facilities that encourage and facilitate safe travel between schools, parks, recreation facilities, and residential neighborhoods on foot and by bike.
Policy TR-2.9 Traffic calming. Use traffic calming measures in residential areas and activity centers, where warranted and appropriate, to enhance the safety of pedestrians and bicyclists.
Policy TR-2.10 Needles Airport. Coordinate with the County to maintain Needles Airport for general aviation services.
Implementation
Action TR-1
Action TR-2
Action TR-3
Action TR-4
Action TR-5
Action TR-6
Action TR-7
Broadway street design. Redesign and maintain Broadway between A Street and J Street as a two-lane roadway with angled parking and pedestrian-friendly sidewalks.
Railroad crossings. Coordinate with BNSF to improve the underpass at K Street for pedestrians, bicycles, and emergency vehicles. Coordinate with BNSF to evaluate and plan for an overpass or underpass suitable for vehicular, pedestrian, and bicycle travel at Smith Road/Park Drive.
Parking in the Downtown Core. Identify other publicly accessible lots in downtown that can be used for centralized business parking, event parking, and/or overflow parking. Explore opportunities to expand on-street parking through street redesigns and parking restrictions that reserve parking for retail businesses.
Safe routes improvements. Coordinate with Needles Unified School District to install multimodal improvements along the Multimodal Loop and other roadways/routes that are used by students to access primary and secondary schools by walking and biking.
Electric bike options. Identify and explore grants and other funding programs for lower Income residents to obtain an electric bicycle and expand their mobility options.
Off-highway motor vehicles. Continue to implement the OHMV Trail Pilot Program to evaluate the options, costs, benefits, and drawbacks of linking City roadways with OHMV recreational-use areas, trails, and trailheads in federally controlled lands. Cross reference the General Plan exhibits depicting roadway, bicycle, and pedestrian networks with maps showing points where BLM routes of travel interface with the City limits and the roads within.
K Street Bridge. Identify and pursue funding opportunities to maintain and repair the K Street Bridge, as well as opportunities to leverage financial and governmental partnerships with Caltrans and agencies in Arizona.
Land Use & Transportation Element 7 City of Needles
PUBLIC HEARING DRAFT
EXHIBITS
Exhibit 1: Land Use and Zoning Designations
Single Family (R-1) 1 to 7 units
Two-Family (R-2) 8 to 17 units
Multifamily (R-3) 18 to 30 units
COMMERCIAL AND MIXED USED DESIGNATIONS
Planned Unit Development (PD)
Commercial, Residential, Resort (CRR)
Neighborhood Commercial (C-1)
Light Manufacturing (M-1)
General Manufacturing (M-2)
Land Use & Transportation Element
Up to 30 units
Up to 2.0 FAR
Up to 30 units
Up to 2.0 FAR
Up to 0.50 FAR
Upto 1.0 FAR
Up to 30 units
Up to 2.0 FAR
Up to 30 units
Up to 1.0 FAR
Up to 0.75 FAR
Up to 0.75 FAR
8 Low-density, single-family residences
Medium-density, two-family residences
High-density multiple family units, such as
apartments, condos, or townhouses
Master planned developments that combine
residential, commercial, and/or manufacturing
activities in a manner that maximizes a property's
potential and promote unique site designs and
clustering to provide and preserve open space and
ensure land use compatibility with adjacent uses
A diversity of land use types along the Colorado River, catering to the resort atmosphere, which may include
a full range of residential and commercial densities
Commercial retail and services that address the daily
or frequent food and convenience needs of Needles
residents, located next to or within close proximity to neighborhoods, with typical uses such as markets,
drug stores, barbers and beauty shops, and laundry
and cleaning services
A wide range of commercial uses that can serve
Needles residents as well as visitors passing through
or staying overnight. Typical examples include
hotels/motels, restaurants, and clusters of retail
stores. Residential uses such as duplexes and
multifamily apartments are also permitted
A mix of medium-density, high-density, and mixed-use
residential and commercial uses, with building and site designs that are pedestrian oriented and reflect and
celebrate the historic downtown along and around
Broadway
Commercial uses that benefit from exposure along the
freeway and primarily attract customers traveling by
motor vehicle. Typical examples include automobile
sales and services, gas/charging stations, shopping
centers, restaurants, and hotels/motels
Low-impact industrial uses where operations are
totally enclosed in a structure, such as research and
development facilities, technology centers, corporate
offices, and clean industry. Limited outdoor uses may
be permitted with a conditional use permit.
Industrial uses where all or part of operations take
place outside and activities that generate odor, noise, vibration, truck traffic, or are otherwise incompatible with neighborhoods and other sensitive areas
City of Needles
PUBLIC HEARING DRAFT
Exhibit 1: Land Use and Zoning Designations
Public Facllltles (P)
Open Space (OS)
n/a
n/a
Public facilities such as schools, parks, civic centers, medical centers, and government operations
Land that should remain undeveloped and maintained
as open space to preserve the ecological and aesthetic
desert setting
1. The City uses a single set of land use designations and one map to designate general plan and zoning to promote clarity and ensure consistency on a parcel level.
2. All measures of density and intensity are based on a net acre. FAR= floor area ratio (see graphic below).
3. A fisting of typical uses is provided to communicate the general intent of the land use designation. A more detailed listing of permitted uses can be found in the City Zoning Code. Clarification on uses not listed are subject to the provisions of the City Zoning Code and direction by the Director of Development Services.
FAR= 0.25 FAR= 0.50 FAR= 0.75
~
FAR= 1.00
FAR= 2.00
1 ; ~••,,,i,,,r,~~'"'''} ' T 1
Land Use & Transportation Element 9 City of Needles
PUBUC HEARING DRAFT
\\,
·,\\._ I
----.,,\
·,,
l l- 1
---------- iii I
D c;1yeounc1a~
- Raihad
Land Use an<l 1\ming
Sinfe Familt
l'wo-F,ml:y
Mullramfy
f"l &nned Unit Deo,,oefopment
- Commml,1, R&sijential. R&sort
1/eu,borhold Commerci,I
- GtnH.!IIC.Ommttcial
- Hiehw•1 rAlmm!fcial
Li,J,I Manuf11tlurina
Gtntr11I r~nufllcluring
PIJblic faciliTiei
Open SJ1,11ce
0Jt'l1!1/202J Sa.1tc.Cbof ~ Jlttl022
•
LAND USE&
TRANSPORTATION
UEEDLH GENERAL PLAN UPDATE
- .. :
I
I
!. .. :
',
'-
I
I i . I
.i ·\
I , ___________ _
I
I
I
,------
1 l.._.,_.,_ ..
. '\
\
\ ~\
~ ·.·:i
\
\
\
\
\
Exhibit 2
Land Use and Zoning
Note: For land use planning and regulation, t/Je City considers the County of San Bernardino's Policy Plan to be the guiding document for the entirety of the unincorporated 501.
Land Use & Transport.ation Element 10 City of Needles
Nmy Rd
1 I
j feel W. lOO 600
Oat,, 2/15fl02J Sw,ce, City or flE<>tJles 2022
L:] DowntownCore_230215
Land Use and Zoning
I Single Family
I Two-Family
Multifamily
l
-
-
•
LAND USE&
TRANSPORTATION
NEEDLES GENERAL PLAN UPDATE
PUBUC HEARING DRAFT
Planned Unit Development
Commercial, Residential, Resort
Neighborhood Comme,cial
General Commercial
Highway Commercial _,_._,_
811,, lfrt
-----.... ..... ... ..,,_ ,,...,
-~ . ...,
Atom• St
Light Manufacturing
General Manufacturing
Public Facilities
Open Space
Railroad
",
Exhibit 3
Downtown Core Boundary
Notes: The "Downtown Core" is defined by the following boundaries: from the west side of H Street to the east side of D Street and extending lo the north side of Front Street (including El Garces) and to the south side of 3rd Street. This area is intended for a pedestrian- and experience-oriented downtown that serves as a focal gathering place and regional destination.
As shown in Exliibits 4 & 9, the design of Broadway is intended to create a more pedestrian-friendly and vibrant downtown environment, while expanding on-street parking adjacent to businesses. The current (as of 2023) four-lone facility between J Street and A Street (both inside and adjacent to the Downtown Core) would be changed to a two-lone facility (one travel lone in each direction) and on-street angled parking. land Use & Transportation Element 11 City of Needles
D Cily Bour.dart
· · · IM1,ad
Roadway Class
- Artaiol
- Broadway
- Multimodol lcop
- Collocl01
Dall '.l/J0/2Hl Scl1te:Ctw~l~fts202l
•
LAND USE&
TRANSPORTATION NU:OlfS GfHUAl ,LAU UPDATE
land Use & Transportation Element
PUBUC HEARING DRAFT
12 Mi tli~\ I.S 1111 ..
Exhibil 4
Roadway Network
City of Needles
C7 Cily6wdar1
--- Rali"oad
- Multimodal Lcop
- KStreEIUn:i<rpm
- T,ails
~dewnlks
- Unpa\'ed Ptdeslii.irv~ue~tri;,n Troili
Oal;i: :I/JO/lC:12 ~1ct:Cf'tdNff<Jts1.0l2
•
LAND USE&
TRANSPORTATION
HEEDlfS GENU:Al PlAU UtDATE
Land Use & Transportation Element
PUBLIC HEARING DRAFT
13 Exhibit 5
Bicycle and Pedestrian Network
City of Needles
C] C!l1Bcundary
·- • Ra1koad
■ lle?dles Sl!ltion
Needles Area Transtt
- Yl.,tl cq,
- llotth-S..U1 Loop
Victor Valle'/ Transit
- 1()0 lleedles Link
Dalt: l'l/ll2)1Z Scu,ct:O""d\Hf-Hi.Ol2
•
LAND USE&
TRANSPORTATION
HfEOLU GfNUAL PLAN u,oATf
Land Use & Transportation Element
I
I
I
PUBUC HEARING DRAFT
\
L .·-··-··-··_j
14 Exhibit 6
Transit Network
City of Needles
c:J (ljy 8our.dar1
- T111ckRou:e
- Ch:ersize \'ei-ic'es PJohibitej
Doll.a '.l{.!0,'l.Hl Sa.uC~cftfM.ln20ZZ
•
LAND USE &
TRANSPORTATION
NfEOl.ES GfHEkAl PlAU u,oATE
Land Use & Transportation Element
PUBLIC HEARING DRAFT
15 Exhibit 7
Truck Network
City of Needles
•
- LANDUSE&
TRANSPORTATION
HEEDLES GEHUAl PLAN UPDAlf
PUBLIC HEARING DRAFT
I
~ I 0 c:::; I L .. _ .. _ .. _ __ _J
c:J City80J11d•~
· • · Railroad
D Arp,rts,1,t,nmowA,..
C] Aiport lb.rnway Proltction Zone
A.port 1/~se C<elours
D.i,-to;it Avuai,: Sound LC!'.tl (LOIO
I ] OlDN
60LDN
- 61LON
- IDLON
- IHON
- BOLON
' \ .
Exhibit 8
Airport Planning Area
Note: The Airport and surrounding area Is designated for General Manufacturing, which is considered on industrial area. Consistent with the Noise Element, the maximum exterior noise level is 75 LON or dBA.
Land Use & Transportation Element 16 City of Needles
PUBLIC HEARING DRAFT
Exhlbit 9: Street Sections
Note: street sections are typical right•ofway designs; design may be adjusted by the City based on constraints that are unique to specific /acotians.
Arterial Road
rn Sld•wolk forking
Collector Road
6' 6' 12'
f;j
Sldewolk' P,rllng
Local Rural Road
50'-56'
o~k
c::::J
12'
64'-92'
O'or 12'
... ,
Two·Woy
l..e!tluml.a,,.
1ilti 8' 6'
ra
P&rlilng 'sklow,1k
.liljl~f~
12' 12' O'or8' 8'
if t Ia T••~ltonn Potklng Sldowtlk
Local Road
6' 8'
rn
, ...........
10'
i Sld..,..rlk Po,lilng
Broadway
l,,,,,.ltano,
10' 8'
12 6'
Pa,klng Sidewall,
J..e__:_f...,...cjl=--- lZ?:-;::
e:, 8' 20' 12' 11'
Ill
Multlmodal loop - design may vary by location
Option 1
6' 6' l' 9' 12'
&4o rn i
""'"""' .... 811-,1 ....
-.;:.r,
K Street Underpass
14 1'1,,.,., ,,.c,4," 1-=·=-·
'" 11'
Edge Uno,
Multlmodal Trail
Option 1
24'- 36'
6'-10' 12'- 16' 6'-10'
o.lgM<lfw,y '"""6 '"!t!t•IIV.y c,..,,oc, Mott,-u,, Polto u,.,..,,.
Land Use & Transportation Element
72'
11'
t
Prntf<1o<l
Two Woy
Bi•ePoth
Option 2
20'
5'
Sld•w•!k
~•W•lklng p.,h
5'
-·~ 1,4,~.a, •·= "t.!:.r'
17 Option 2
60'
5' 5' 8' 12'
&4o Ill 1J
5t,,Jl
20' 8'
Ill
,-:,~t::
11::"::",1 12' 8' 5' 5'
rn &4o
City of Needles
C:J City Boundary
- Railroad
Land Use and Zoning
Single Family
Two-Family
Multifamily
Planned Unit Development
Commercial, Residential, Resort
Neighborhood Commercial
l..i General Commercial
l..i Highway Commercial
Light Manufacturing
General Manufacturing
Public Facilities
Open Space
Date: 2/7/2023 Source, City of Needles 2022
•
LAND USE&
TRANSPORTATION
NEEDLES GENERAL PLAN UPDATE
··---, ..
. .
)
I . .
l . .
I
I
I .- I L ______ _
~61Dr-~ .....-:: -
~
. ~ !- m
&~mi~i~
•~ z
\
•
. .
0 • •
I·,~···
:C. ) Arizona 1ty 0
!Needles _, City of L.' SOI ) '--feedles
Ca lifor~:a7 ~ ••
\ ,.i
0.5 Mi ft
1.5 ~·
Exhibit 2
Land Use and Zoning
FINAL
MITIGATED NEGATIVE DECLARATION/ INITIAL STUDY
for the
CITY OF NEEDLES
GENERAL PLAN UPDATE
SCH NO. 2022070300
Westlake Village Office
920 Hampshire Road, Suite A5
Westlake Village, CA 91361
PREPARED FOR:
City of Needles
817 Third Street
Needles, CA 92363
PREPARED BY:
JANUARY 2023
Los Angeles Office
706 S. Hill Street, 11th Floor
, Los Angeles, CA 90014
/
APPENDICES FOR
FINAL MITIGATED NEGATIVE DECLARATION/ INITIAL
STUDY
for the
CITY OF NEEDLES
GENERAL PLAN UPDATE
SCH NO. 2022070300
Westlake Village Office
920 Hampshire Road, Suite AS
Westlake Village, CA 91361
PREPARED FOR:
City of Needles
817 Third Street
Needles, CA 92363
PREPARED BY:
1 Meridian/· 20 ,r 2 - . 2,122 frmwlt1J//I, --
JANUARY 2023
Los Angeles Office
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014
RESOLUTION NO. 2023-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES
APPROVING THE LAND USE AND TRANSPORTATION ELEMENT AND
APPROVING THE MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
AND ADOPT A MITIGATION MONITORING PROGRAM FOR THE LAND USE
AND TRANSPORTATION ELEMENTS OF THE GENERAL PLAN UPDATE (SCH NO. 2022120053)
WHEREAS, the City of Needles ("City") is required by California Government Code Section 65302 to adopt and maintain a General Plan, as defined therein; and WHEREAS, California Government Code Section 65358(a) authorizes the City Council to amend the General Plan if it is deemed to be in the public interest; and WHEREAS, the City last completed a comprehensive update to its General Plan in 1986; and
WHEREAS, by its very nature, the General Plan is subject to update and revision to account for current and future community needs; and
WHEREAS, the Land Use and Transportation Elements are two of the seven Statemandated General Plan chapters or "elements" and are a component of the City's General Plan; and
WHEREAS, the City desires to update the Land Use and Transportation Elements of the City's General Plan ("Project") and revise its Land Use Map Exhibit "A"; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Mitigated Negative Declaration/Initial Study ("MND/IS") and accompanying Mitigation Monitoring Repmiing Program ("MMRP") was prepared analyzing all phases and potential impacts of the Project. The MND and MMRP are attached hereto and incorporated herein as Exhibit "B"; and
WHEREAS, the MND/IS was distributed and circulated for public review on December 2, 2022, for a review period of 30 days as required by CEQA. The 30-day comment period was extended to January 3, 2023 to allow for review and comments from state and local agencies.
During the public review period, one letter was received on the environmental document; that letter was from the County of San Bernardino, Depatiment of Public Works, Environmental Management Division. The City fully responded to all comments in the Responses to Comments attached to the Final MND/IS and published in January 2023; and WHEREAS, copies of the Responses to Comments were distributed to those parties that commented on the document during the review period; and WHEREAS, as contained here, the City has endeavored in good faith to set forth the basis for its decision on the proposed Project; and
WHEREAS, the City has endeavored to take all steps and impose all conditions necessary to ensure that impacts to the environment would not be significant; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, the City Council has reviewed the MND, Initial Study, and all other relevant information contained in the record regarding the Project; and WHEREAS, a public hearing notice for the Needles City Council meeting was published in the Needles Desert Star 10 days prior to said meeting and property owners were notified; and WHEREAS, Article VII, Section is proposed to be replaced in its entirety with the following. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated. However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions (e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker's Hill 150 v. City of San Diego, 74 Cal. App. 5th 755 (2022) on amenities and site design); and
WHEREAS, Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, incorporating and deferring to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), will ensure the City maintains consistency with State law and eligibility for various state grants (e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained; and WHEREAS, on February 14, 2023, at a regularly-scheduled City Council meeting, a study session was held and the public was afforded an opportunity to comment on the Project and the MND/IS, and the Planning Commission discussed and considered the Project and the MND/IS; and
WHEREAS, on February 15, 2023, the Needles Planning Commission approved RESOLUTION NO. 02-15-2023 PC recommending City Council approval ofa the Land Use and Transportation Element and Mitigated Negative Declaration/Initial Study and adopt a Mitigation Monitoring Program for the Land Use and Transportation Elements of the General Plan Update in accordance with the California Environmental Quality Act (CEQA) and adoption of an Ordinance amending the City Code and Land Use Map associated with the General Plan Update; and
WHEREAS, on February 28, 2023, at a regularly-scheduled City Council meeting, a public hearing was held affording the public an opportunity to comment on the Project and the MND/IS, and the City Council discussed and considered Resolution No. 2023-16; and WHEREAS, all other legal prerequisites to the adoption of Resolution No. 2023-16 have occurred.
WHEREAS, the Needles City Council has sufficiently considered all testimony and any documentary evidence presented to them in order to make the following determination.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofNeedles as follows:
SECTION 1. Recitals. The recitals above are hereby incorporated by reference as a substantive component of this Resolution.
SECTION 2. Compliance with CEQA. As the advisory body to the City Council, the Planning Commission has independently reviewed and considered the information contained in the MND/IS, and administrative record, on file with the City and available for review at the City offices located at 817 Third Street, Needles, California. The Planning Commission finds that the MND/IS have been completed in compliance with CEQA and the State CEQA Guidelines.
SECTION 3. Findings on Environmental Impacts. In the City Council's role as the lead agency under CEQA, the City Council finds that the MND/IS contains a complete and accurate reporting of the environmental impacts associated with the Project. The City Council further finds that the documents have been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds that all environmental impacts of the Project are either less than significant or can be mitigated to a less than significant levels pursuant to the mitigation measures outlined in the MND, IS, and the MMRP. The City Council further finds that there is no evidence in the record supporting a fair argument that the Proj eel may result in significant environmental impacts, and that any comments received regarding the Project have been examined and determined to not modify the conclusions of the MND. The City Council finds that the MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment of the City Council.
SECTION 4. Adoption of Mitigated Negative Declaration. The City Council hereby approves and adopts the Final MND/IS prepared for the Project, attached hereto as Exhibit "B" SECTION 5. Adoption of the Mitigation Monitoring Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby approves and adopts the MMRP prepared for the Project, attached hereto as Exhibit "B".
SECTION 6. Record of Proceedings and Custodian of Records. For purposes ofCEQA and the findings set forth herein, the record of proceedings for the City Council's findings and determinations consists of the following documents and testimony, at a minimum:
• City Council agenda report prepared for the hearing of February 28, 2023. • All written and oral comments submitted during the public review period for the MND/IS and all records pertaining to public hearings or meetings regarding Project review. • All other public reports, documents, studies, memoranda, maps, or other planning documents related to the project and the MND/IS, prepared by the City, consultants to the City, or responsible or trustee agencies.
• All matters of common knowledge to this City Council, including, but not limited to (I) the applicable policies and regulations of the City; (2) reports, projections, and documentation regarding the General Plan and zoning within the City; and (3) federal, state, and county laws, regulations, guidelines, and publications.
The documents described above comprising the record of proceedings are located in the City offices and the Planning Department, 817 Third Street, Needles, CA 92363. The custodian of these documents is City Clerk, or his or her designee.
SECTION 8. Notice of Determination. The City Council directs Staff to file a Notice of Determination with the County of San Bernardino and the State Clearinghouse within five (5) working days of approval of the Project, if it should approve the Project.
SECTION 9. Effective Date. This Resolution shall be effective immediately.
SECTION 10. The City Council HEREBY FINDS AND DETERMINES that facts do exist to recommend approval of RESOLUTION NO. 2023-16 to the City Council.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Needles on February 28, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
(Seal) Attest:
City Clerk
Approved as to form:
City Attorney
EXHIBIT "A"
LAND USE & TRANSPORTATION ELEMENT
[to be attached]
City of Needles
Land Use & Transportation Element
Lead Agency:
CITY OF NEEDLES
817 Third Street
Needles, CA 92363
Contact: Patrick Martinez,
Director of Development Services/ Assistant City Manager 760.326.2113
Prepared by:
PLACE WORKS
3 Macarthur Place, #1100
Santa Ana, CA 92707
Contact: Colin Drukker, Principal
714-966-9220
PUBLIC REVIEW DRAFT, VERSION 3
February 2023
/
EXHIBIT "B"
DRAFT ORDINANCE
[to be attached]
EXHIBIT "C"
CITY OF NEEDLES FINAL MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
[to be attached]
FINAL
MITIGATED NEGATIVE DECLARATION/ INITIAL STUDY
for the
CITY OF NEEDLES
GENERAL PLAN UPDATE
Westlake Village Office
920 Hampshire Road, Suite AS
Westlake Village, CA 91361
SCH NO. 2022070300
PREPARED FOR:
City of Needles
817 Third Street
Needles, CA 92363
PREPARED BY:
Meridian 20.
12- (1m-,d,111J.'·. / 2~~22
JANUARY 2023
'
Los Angeles Office
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014
APPENDICES FOR
FINAL MITIGATED NEGATIVE DECLARATION/ INITIAL
STUDY
for the
CITY OF NEEDLES
GENERAL PLAN UPDATE
SCH NO. 2022070300
Westlake Village Office
920 Hampshire Road, Suite AS
Westlake Village, CA 91361
PREPARED FOR:
City of Needles
817 Third Street
Needles, CA 92363
PREPARED BY:
' Merldlan1'120
• 2-
(omufmua 2 ~!22
JANUARY 2023
Los Angeles Office
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014