RESOLUTION NO. R-2024-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT ADOPTION OF
THE HOUSING ELEMENT IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA SECTION 15061(B)(3) AND
APPROVING AND ADOPTING GENERAL PLAN
AMENDMENT NO. GPA 2021-02, AN AMENDMENT TO
THE CITY OF PLACENTIA GENERAL PLAN HOUSING
ELEMENT, INCLUDING ANY ADDITIONAL REVISIONS
REQUIRED BY THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD)
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 "6th planning cycle" which spans the 2021-2029 period; and
Whereas, on January 23, 2024, 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 amended 2021-2029 General Plan Housing Element Update; and
Whereas, on February 6, 2024, 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, May 16, 2022, October 27, 2023, and January 26, 2024 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, March 15, 2022, and February 6, 2024 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 Resolution No. R-2024-06 ATTACHMENT 1
is no possibility that Housing Element adoption may have a significant effect on the 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, the City Council authorizes City of Placentia Staff to make subsequent revisions or modifications to the draft 2021-2029 Housing Element to comply with State law as requested by the California Department of Housing and Community Development (HCD); 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 also described as Attachment 2 to the City Council Staff Report dated February 6, 2024 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.
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SECTION 4. Based upon the evidence presented, the City Council makes the following findings of fact for the 2021-2029 Housing Element as described in Exhibit "A" of this Resolution, and also described as Attachment 2 to the City Council Staff Report dated February 6, 2024, which updates and replaces the 2013-2021 Housing Element:
a. The proposed amendment is internally consistent with the General Plan. The 2021-2029 Housing Element complies with the policies of the City of Placentia General Plan and is internally consistent with the Land Use Element and other Elements of the Placentia General Plan.
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The 2021-2029 Housing Element will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
c. The subject properties have been substantially evaluated and are physically suitable for the requested zoning designation(s) and the anticipated land use development(s). The 2021-2029 Housing Element substantially complies with Housing Element Law, as evidenced in the technical analysis conducted in the document and does not involve the development of any specific property. The 2021-2029 Housing Element reflects the latest requirements of State law for Housing Elements and is consistent with sound planning principles in that the proposed policies and proposed implementing regulation are compatible and ensures that the goals and policies of the General Plan can be adequately implemented to achieve the community's vision.
d. The proposed General Plan amendment ensures development of desirable character which will be compatible with existing and proposed development. The 2021-2029 Housing Element substantially complies with Housing Element Law and does not involve the development of any specific property. The 2021-2029 Housing Element reflects the latest requirements of State law for housing elements and is consistent with sound planning principles in that the proposed policies and proposed implementing regulation are compatible and ensures that the goals and policies of the General Plan can be adequately implemented to achieve the community's vision.
SECTION 5. The City Council finds, pursuant to Government Code Section 65583.2(g)(2) and based on substantial evidence set forth in Appendix B of the 2021- 2029 Housing Element, that any existing uses on sites identified to accommodate affordable housing are likely to and assumed to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the 2021-2029 Housing Element. Any sites identified to accommodate 2021-2029 RHNA need that have existing structures, improvements and/or activities demonstrate a likelihood for redevelopment during the 2021-2029 planning period. Parcels with existing uses or activities that were not likely to be discontinued during the planning period were generally removed if they had conditions suggesting continued use or activity during the planning period.
SECTION 6. The City Council finds, recognizes, and agrees that, Government Code §65583.2(h) requires jurisdictions to permit owner -occupied and rental multifamily Resolution No. R-2024-06 ATTACHMENT 1
residential uses by -right for developments in which at least 20 percent of the units are affordable to lower-income households. The City Council hereby directs City Staff to adhere to and apply all requirements related to Government Code §65583.2(h) for any development in which at least 20 percent of the units are affordable to lower-income households.
SECTION 7. The City Council finds, pursuant to Government Code §65583.2 that sites identified in prior planning periods shall comply with all requirements related to Government Code §65583.2, including all non -vacant sites identified in Appendix B of the 2021-2029 Housing Element that are also listed in the previous Housing Element's sites inventory, or vacant sites that were listed in two previous consecutive sites inventories. In these cases, residential development are allowed by -right when a housing project provides at least 20 percent of the units affordable to lower-income households in compliance with Government Code §65583.2.
SECTION 8. 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.
SECTION 9. 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 10. 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 11. 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 12. The City Clerk shall certify to the adoption of this Resolution PASSED, ADOPTED AND APPROVED this 6t" day of February 2024.
Jeremy Yamaguchi, Mayor
Attest:
Robert S. McKinnell, City Clerk
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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 a regular meeting of the City Council of the City of Placentia, held on the 6th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember:
Councilmember:
Councilmember:
Councilmember:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution No. R-2024-06 ATTACHMENT 1
Exhibit A:
2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE
EXHIBIT A
GPA 2021-02, 2021-2029 amended Housing Element Update:
httos:// www.olacentia.orq/DocumentCenter/View/11226/City-of-Placentia---Housinq- Element-2021-2029
Resolution No. R-2024-06 ATTACHMENT 1