RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 2021-0002 - THE CITY OF RIALTO 2021-2029 (SIXTH CYCLE) GENERAL PLAN HOUSING ELEMENT UPDATE AS AMENDED PURSUANT TO GUIDANCE AND DIRECTION FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
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, on March 8, 2022, the City Council 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; WHEREAS, on March 8, 2022, the City Council adopted the IS/MND and approved the draft 2021-2029 Housing Element Update; WHEREAS, on April 5, 2022 and August 11, 2022, revised drafts of the 2021-2029 Housing Element were submitted to HCD for the purpose of HCD’s review of the Element for compliance with state law and HCD provided additional written comments to the City; WHEREAS, the draft 2021-2029 Housing Element Update has been amended pursuant to comments from HCD and adoption of the amended draft is needed due to the extent and nature of the revisions; WHEREAS, on February 14, 2023, the City Council 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; WHEREAS, the City Council authorizes staff to make subsequent revisions or modifications to the draft 2021-2029 Housing Element Update to comply with state law as requested by HCD; 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. 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 3. The City Council finds, pursuant to Government Code Section 65583.2(g)(2) and based on substantial evidence set forth in Section 4 and Appendix B of the 2021-2029 (Sixth Cycle) Housing Element, that any existing uses on sites identified to accommodate affordable housing are likely 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 Regional Housing Needs Allocation (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 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 adopts GPA No. 2021-0002 to adopt the 2021-2029 (Sixth Cycle) Housing Element Update as amended pursuant to guidance and direction from the California Department of Housing and Community Development.
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 14th day of February, 2023. _________________________________
DEBORAH ROBERTSON, MAYOR
OF RIALTO CITY COUNCIL
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
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 14th day of February, 2023.
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 __________________, 2023. ________________________________
BARBARA MCGEE, CITY CLERK
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