RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT REVIEW NO. 2021-44) FOR AND APPROVING GENERAL PLAN AMENDMENT NO. 2021-0002 - THE CITY OF RIALTO 2021-2029 (SIXTH CYCLE) GENERAL PLAN HOUSING ELEMENT UPDATE.
WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Rialto; WHEREAS, the Housing Element is one of seven State-mandated General Plan elements and a component of the City of Rialto General Plan; WHEREAS, California State Housing Element Law establishes the requirements for Housing Elements and California Government Code Section 65588 requires that local governments review and revise the Housing Element of their General Plans not less than once every eight years; WHEREAS, the updated Housing Element must be adopted by City Council and certified by California State Department of Housing and Community Development (HCD); WHEREAS, the City of Rialto has completed public engagement that included conducting two workshops, a web-based survey, pop-up activities, letters to property owners, a special study session with the Planning Commission, and multiple presentations to City Council; WHEREAS, the City of Rialto Planning Division has prepared an update of the City’s General Plan Housing Element in accordance with Government Code Section 65588; WHEREAS, on October 14, 2021, the draft 2021-2029 Housing Element was submitted to HCD for the purpose of HCD’s review of the Element for compliance with state law and on December 13, 2021 HCD provided written comments to the City; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the draft 2021-2029 Housing Update in compliance with CEQA and the local environmental review guidelines; WHEREAS, the IS/MND was circulated for the required 30-day public review period from January 7, 2022 to February 7, 2022; WHEREAS, a Notice of Intent to Adopt a Negative Declaration (NOI) for the draft 2021-2029 Housing Element Update was posted with the City Clerk and San Bernardino County Clerk and sent to responsible agencies on or about January 7, 2022; WHEREAS, pursuant to Government Code Sections 65350-65362, the Planning Commission held a public hearing for a proposed amendment to the general plan and forwarded a recommendation to the City Council for action; and WHEREAS, on January 26, 2022, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on GPA No. 2021-0002; heard public testimony; discussed GPA No. 2021-0002; and closed the public hearing; and WHEREAS, the final adoption of the IS/MND and approval of the draft 2021-2029 Housing Element Update shall be considered by the City Council as the final approval authority, after evaluation of the environmental document and consideration of any public comments received during the public review period; WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of Rialto, California, does hereby resolve as follows:
SECTION 1. The City Council hereby specifically finds that facts set forth in the recitals above of this Resolution are true and correct and are incorporated herein.
SECTION 2. The City Council finds as follows:
The Initial Study demonstrates that there is no substantial evidence, in light of the whole record, that the proposed project may have a significant effect on the environment.
The Mitigated Negative Declaration (MND) was circulated for public review in accordance with CEQA Guidelines 15073 and the MND circulated for public review included the contents required by CEQA Guidelines 15071.
The Notice of Intent (NOI) was provided to the public, responsible agencies, trustee agencies, and the county clerk of the county within which the proposed project is located, sufficiently prior to adoption by the lead agency of the MND to allow the public and agencies the required review period, and otherwise in compliance with CEQA Guidelines 15072.
The IS/MND and NOI, as well as the draft 2021-2029 Housing Element Update and related documentation, are available at www.yourrialto.com/HouseOurRialto, and are on file with the City’s Planning Division.
The Planning Commission considered the proposed MND, together with comments received during the public review process and no comments were received recommending that an Environmental Impact Report be prepared.
The MND reflects the independent judgement and analysis of the City of Rialto as lead agency for the proposed project.
Based on the whole record before it (including the IS/MND and any comments received), the City Council finds that there is no substantial evidence that the proposed project will have a significant effect on the environment.
Government Code Section 65588(b), a provision of the State housing element laws set forth in §65580 et seq., requires the City to update its Housing Element not less than once every eight years. The City’s Housing Element was last updated in 2020 for the 2014-2021 Four Year (Mid-Cycle) update, and an update is required for the planning period of 2021-2029. The City submitted a draft of its 2021-2029 Housing Element Update to the State Department of Housing and Community Development (HCD) for review of substantial compliance with housing element laws on October 13, 2021, in accordance with Government Code Section 65588(b) and (d). State HCD reported its written findings to the city via a comment letter dated December 13, 2021. All the findings have been addressed as required via revisions, which have been integrated into the draft City of Rialto 2021-2029 Housing Element Update attached hereto as Exhibit “A”. Adoption of the 2021-2029 Housing Element Update will substantially comply with the requirements of applicable State laws.
SECTION 3. Based on substantial evidence presented to the City Council during the public hearing conducted regarding the 2021-2029 (Sixth Cycle) Housing Element Update, including written staff reports, public comments, and other documents, the City Council hereby determines that the General Plan Amendment No. 2021-0002 satisfies the requirements of Government Code Sections 65358 pertaining to the findings which must be made precedent to amending a General Plan. The findings are as follows:
That the proposed General Plan Amendment is in the public interest.
This finding is supported by the following facts:
The 2021-2029 (Sixth Cycle) Housing Element Update establishes policies that will guide City decision making, including identification of sites suitable to meet the City’s allocation of the Regional Housing Needs Assessment, and sets forth an implementation program to achieve housing goals through the year 2029 and will serve the public convenience and necessity Citywide.
SECTION 4. The 2021-2029 (Sixth Cycle) Housing Element Update is a policy document that addresses conservation, improvement, affordability, constraints, opportunities, and objectives for housing in Rialto. A rezoning program is required to meet the city’s housing needs.
SECTION 5. The City Council hereby approves GPA No. 2021-0002 to adopt the 2021-2029 (Sixth Cycle) Housing Element Update.
SECTION 6. The Mayor of the City Council shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 8th day of March, 2022. _________________________________
DEBORAH ROBERTSON, MAYOR
OF RIALTO CITY COUNCIL
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 8th day of March, 2022.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2022. ________________________________
BARBARA MCGEE, CITY CLERK
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