GENERAL PLAN AMENDMENT NO. 2022-0001
HOUSING ELEMENT UPDATE
RESOLUTION NO. PC 18-23
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE
RECOMMENDING THAT THE CITY COUNCIL
APPROVE GENERAL PLAN AMENDMENT NO.
2022-0001 ADOPTING THE CITY OF ORANGE
2021-2029 HOUSING ELEMENT
APPLICANT: CITY OF ORANGE
WHEREAS, the Planning Commission has authority pursuant to California Government Code Section 65358 and Orange Municipal Code Sections 17.08.020 and 17.10.010 to review and make recommendations to the City Council for amendments to the City’s General Plan; and
WHEREAS, the California Government Code requires cities to review and update their Housing Element s on a re gular basis and according to a schedule s et forth by th e California Department of Housing and Community Development (“HCD”); and
WHEREAS, as required. the City prepared the 2021-2029 Housing Element as an update to its previously approved Housing Element (2014-2021), in compliance with State law; and
WHEREAS, on July 15, 2021, pursuant to State law, the 2021-2029 Housing Element was submitted to HCD for review; and
WHEREAS, on September 13 , 202 1, HCD issued a letter finding that many statutory requirements were met ; however, supplemental inf ormation was n eeded regarding the public participation and housing sites inventory; and
WHEREAS, the Planning Commission conducted one duly advertis ed public hearing on January 3, 2022, at which time interested persons had an opportunity to testify either in support of, or opposition to, the 2021-2029 Housing Element update; and
WHEREAS, on January 3, 2022 the Planning Commission adopted Resolution No. PC 01-22 recommending City Council adoption of the 2021-2029 Housing Element update; and
WHEREAS, on February 8, 2022 , the City Co uncil a pproved Resolution No. 11378 adopting the 2021-2029 Housing Element update; and
WHEREAS, on February 12, 2022 , pursuant to State law, the 2021-2029 Housing Element was submitted to HCD for review; and
Resolution No. PC 18-23
WHEREAS, on Apr il 12, 2022 , HCD issued a lett er finding that most statutory requirements were met ; however, supplemental inf ormation was n eeded regarding certain aspects of the document narrative related to public outreach, integration and segregation, racially concentrated areas of a ffluence, access to opportunity , fair housing , homelessness, candidate housing sites, accessory dwelling unit production, governmental constraints, housing for persons special needs groups, housing program performance metrics, and local knowledge; and
WHEREAS, on November 28, 2022, pursuant to State law, revisions to the 2021-2029 Housing Element update consistent with HCD guidance were submitted to HCD for review; and
WHEREAS, on January 27, 2023 , HCD issued a letter finding that the revised housing element would be in compliance with State law once certain modifications were made; and
WHEREAS, on February 14, 20 23, the City Council conducted a public hearing and adopted Resolution No. 11431 to incorporate text revisio ns in response to HCD and pu blic comments submitted to HCD on the adopted document regarding the viability of candidate housing sites and the need for additional methods of facilitating and incentivizing the development of affordable housing; and
WHEREAS, on February 14, 2023 , pursuant to State law, th e 2021-2029 Housing Element was submitted to HCD for review; and
WHEREAS, on April 14, 2023 , HCD issued a letter finding that while the adopted Housing Element met statutory requirements , it was unabl e to make a finding of substantial compliance given public comment received regarding the viability and capacity of the identified candidate housing sites and incentives for housing development a t the lower income levels identified in the City’s Regional Housing Needs Assessment (“RHNA”) allocation; and
WHEREAS, further revisions have been made to address public comments received following the July 2023 public comment period for the revised 2021-2029 Housing Element update adopted on February 14, 2023 regarding the viability of candidate housing sites and the need for additional methods of incentivizing the development of affordable hou sing through the incorporation of new and refined Policy Actions and documentation of projects in the pipeline, confirmation of candidate housing site viability, and streamlining and outreach efforts on the part of the City; and
WHEREAS, on July 31, 2023 , pursuant to State law, the 2021-2029 Housing Element was re-submitted to HCD for review; and
WHEREAS, on September 29, 2023 HCD issued another letter finding that, with the incorporation of the certain revisions responsive to the comments described here in, the revised Housing Element will be in substantial compliance with State law; and
Resolution No. PC 18-23
WHEREAS, the Planning Commission conducted one duly a dvertised public hearing on October 16, 2023, regarding the re vised 2021-2029 Housing Element, at which time intere sted persons had an opportunity to testify either in support of, or opposit ion to, the revised 2021-2029 Housing Element update; and
WHEREAS, based on a variety of factors , as further described in the 2021-2029 Housing Element update, incorporated herein by this reference including: a demand for housing in t he Southern California region, re al estate development trends within the City of Orange, property owner interest, the presence of under -utilized commercial property , and available development capacity on Urban Mixed Use (UMU) zone d sites that already accom modate residential development; additional incentives, resources, and staff commitment throug h programs within the Housing Plan section to promot e the development of housing at all income levels (including the low and very low income levels); and, redevelopment trends on existing infill sites for lower income housing units , the existing uses on th e sites identified in the site inventory to accommod ate the lowe r-income RHNA do not constitute an impediment to additional residential development during the period covered by the Housing Element;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council review, consider and make certain findings pursuant to CEQA and approve General Plan Amendment No. 2021-0001, adopting the 2021-2029 General Plan Housing Element attached as Exhibit A , and incorporated herein by reference, based on the findi ngs contained in Section 1 of this Resolution.
BE IT FUR THER R ESOLVED that the Planning Commission re commends that the City Council direct staff to implement the policy action programs identified in th e 2021-2029 Housing Element.
SECTION 1 – FINDINGS
1. The General Plan Housing Element meets the requirements o f the California Government Code.
The Housing Element contains a housing needs assessment, resources and constraints analysis, review of past pe rformance, housing policy actions, adequate sites anal ysis, and fair housing analysis, consistent with State requirements. The content of the Housing Element addresses comments provided by the State of California Department of Hous ing and Community Develop ment Department (HCD) on the City’s 2021-2029 Housing Element adopted on February 14, 2023 . Following City re-adoption of the 20 21-2029 Housing Element, a copy will be submitted to HCD for final certification.
2. The Housing Element is generally consistent with the goals and policies stated within all other elements of the City’s General Plan.
The Housing Element is consistent with the City’s land use plan and is consistent with the goals and policies of the remaining elements of the General Plan.
Resolution No. PC 18-23
3. The Housing Element advances the State’s housing goal of “decent housing and a suitable living environment for all members of the community”.
The Housing Element contains a needs assessment doc umenting housing needs in the Orange community a nd establishes policy act ions to meet those needs through the preservation, con servation, improvement and production of housing units in Orange. T he housing policy actions aim to provide opportunities for production of new housing units for all income leve ls, further fair housing, and also address housing for special needs groups including seniors and large families. As such, City adoption of the Housing Element and implementation of the housing policy actions advances the State’s housing goal of providing “decent housing and a sui table living environment fo r all members of the community.”
SECTION 2 – ENVIRONMENTAL REVIEW
The Housing Element update is exempt from the California Environmental Quality Act (CEQA) as follows: (i) pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Common Sense Exemption) because it can be seen wi th certainty that there is no possibility that the propos ed 2021-2029 Housing Element Update would have a signific ant effect on t he environment; (ii) n o property re -zoning is ne eded to accommodate the C ity’s Re gional Housing Needs Allocation, and potential residential development densities have already been anal yzed and mitigated in an earlier Environmental Impact Report (the Progra m Environmental Impact Report prepared for the 2 010 Comprehensive General Plan Update, State Clearinghouse No. 2006031117) ; (ii i) pursuant to Guideline 15283, CEQA does not apply to Regional Housing Needs determinations made by a city. For these reasons, no further CEQA documentation is required.
ADOPTED this 16th day of October 2023.
David Vazquez, Planning Commission Chair
Resolution No. PC 18-23
I hereby certify that the foregoing Resolution was adopt ed by the Planning Commission of the City of Orange at a regular meeting thereof held on the 16th day of October 2023, by the following vote:
AYES: Vazquez, Martinez, Simpson, Maldonado, Vejar, Tucker and McCormack NOES:
ABSENT:
Anna Pehoushek
Assistant Community Development Director