RESOLUTION NO. R-2022-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT ADOPTION OF
THE HOUSING ELEMENT UPDATE IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA SECTION 15061(6)(3), AND
APPROVING AND ADOPTING GENERAL PLAN
AMENDMENT NO. GPA 2021-02 (2021-2029 GENERAL
PLAN HOUSING ELEMENT UPDATE)
A. Recitals.
Whereas, every 8 years, each city within the Southern California Association of Governments ("SCAG") region is required to prepare an update to the Housing Element of the City's General Plan. The current update is referred to as the "6th planning cycle" which spans the 2021-2029 period. The City of Placentia ("City") has undertaken a review and update of the City's Housing Element of the General Plan as part of the "6t" planning cycle" which spans the 2021-2029 period; and
Whereas, on on January 11, 2022 and continued to March 8, 2022, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, to review and make a recommendation to the City Council regarding General Plan Amendment (GPA 2021-02): an update to the City of Placentia General Plan to adopt the 2021-2029 General Plan Housing Element Update; and Whereas, on January 18, 2022 and continued to March 15, 2022, the City Council of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, to review and take action on General Plan Amendment (GPA 2021-02):
an update to the City of Placentia General Plan to adopt the 2021-2029 General Plan Housing Element Update; and
Whereas, on December 20, 2021, HCD provided written correspondence indicating that the draft Element addressed many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Government Code); and
Whereas, the Draft Housing Element has been revised to address HCD's comments from correspondence dated December 20, 2021 as described in the City Council staff reports dated January 18, 2022 and March 15, 2022, in compliance with State law; and
Whereas, the City as Lead Agency determined that the proposed General Plan Amendment (Housing Element update) is covered by the common sense CEQA exemption (CEQA Guidelines Sec. 15061(b)(3)) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Since no development project or other physical change to the environment would be approved by the adoption of the Housing Element, it can be seen with certainty that there is no possibility that Housing Element adoption may have a significant effect on the Resolution No. R-2022-16 ATTACHMENT 1
environment, and therefore is not subject to CEQA; and
Whereas, City staff is recommending changes to the General Plan as a result of the public input and comments that were received; and
Whereas, the Planning Commission is responsible for reviewing updates to the General Plan and forwarding a recommendation to the City Council on the adoption; and Whereas, the Planning Commission and City Council have reviewed and considered information from a variety of sources, including, but not limited to, City staff, outside agencies, and the recommendations of the and members of the public; and Whereas, the City of Placentia provided notice of public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code by ad publication in a local newspaper at least 10 days prior to the public hearing; and Whereas, all other legal prerequisites to the adoption of this Ordinance have occurred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Placentia does hereby find, determine and resolve as follows:
SECTION 1. In all respects, as set forth in the Recitals, Part A, of this Resolution.
SECTION 2. The City Council finds that the proposed General Plan Amendment (Housing Element update, GPA 2021-02) is exempt from CEQA pursuant to the common sense CEQA exemption (CEQA Guidelines Sec. 15061(b)(3)) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since no development project or other physical change to the environment would be approved by the adoption of the Housing Element, it can be seen with certainty that there is no possibility that Housing Element adoption may have a significant effect on the environment, and therefore is not subject to CEQA.
SECTION 3. The City Council hereby approves and adopts an amendment to the City of Placentia General Plan Housing Element (GPA 2021-02) as described in Exhibit "A" of this Resolution and by this reference incorporated as though fully set forth herein, which contains a thorough and adequate treatment of housing and all required components of a State compliant Housing Element.
SECTION 4. The proposed General plan is internally consistent and would not be a detriment to the public interest, health, safety, convenience, and welfare of the city.
SECTION 5. The proposed General Plan Amendment has been prepared in accordance with the California Government Code, and in accordance with the provisions of the California Environmental Quality Act.
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SECTION 6. If any section, subsection, sentence, clause, or phrase of this resolution and/or the documents in support of this resolution is/are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution.
SECTION 7. Prior to taking this action, the City Council reviewed, considered and has exercised its independent judgment based on substantial evidence regarding this decision and all of the information and data in the administrative record, all oral and written testimony received and finds that the proposed General Plan Amendment (Housing Element update, GPA 2021-02) is exempt from CEQA pursuant to the common sense CEQA exemption (CEQA Guidelines Sec. 15061(b)(3)), and therefore, GPA 2021-02 is in full compliance with the California Environmental Quality Act.
SECTION 8. If any section, subsection, sentence, clause, or phrase of this resolution and/or the documents in support of this resolution is/are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 15th day of March 2022.
Rhonda Shader, Mayor
Attest:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at an adjourned regular meeting of the City Council of the City of Placentia, held on the 15th day of March 2022 by the following vote:
AYES:
Councilmember:
NOES:
Councilmember:
ABSENT:
Councilmember:
ABSTAIN:
Councilmember:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution No. R-2022-16 ATTACHMENT 1
Exhibit A: 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE
EXHIBIT A
GPA 2021-02, 2021-2029 Housing Element Update:
htt s://www. Iacentia.or /DocumentCenter/View/9649/Placentia-6th-Housin - Element 2022-03-08a revised -draft -tracked
Resolution No. R-2022-16 ATTACHMENT 1