1 Attachment 1
PROPOSED RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND ADOPTING THE ADDENDUM TO THE RICHMOND GENERAL PLAN 2030 ENVIRONMENTAL IMPACT REPORT (SCH# 2008022018) AND ADOPT ING A GENERAL PLAN AMENDMENT REPEALLING THE GENERAL PLAN 2015-2023 HOUSING ELEMENT
AND ADOPTING THE RICHMOND GENERAL PLAN HOUSING ELEMENT UPDATE FOR THE 2023-2031 (6TH CYCLE) PLANNING PERIOD (PLN22-130).
WHEREAS, California Government Code Section 65300 requires each city and county jurisdiction to adopt a comprehensive, long -term general plan for the physical development of the county and/or city, and any land outside its boundaries which bears relation to its planning; and
WHEREAS, California Government Code Section 65302 lists the housing element as one of the general plan elements mandated by the State of California; and
WHEREAS, in May 2015, the City Council of the City of Richmond (the “City”) adopted the Richmond Housing Element Update for the 2015-2023 planning period, and the California Department of Housing and Community Development (“HCD”) found that the Housing Element Update for the 2015-2023 planning period substantially conformed with State law; and
WHEREAS, California Government Code Section 65588 requires the City to update its general plan housing element every eight years; and
WHEREAS, the City is a jurisdiction within a Metropolitan Planning Organization (the Association of Bay Area Governments ( “ABAG”)) that adopted a Sustainable Communities Strategy (Plan Bay Area 2050) in compliance with SB 375; and
WHEREAS, State Housing Element Law ( Government Code Sections 65580 et seq.) requires that the City adopt a Housing Element for the upcoming eight-year planning period (2023-2031) to accommodate the City’s regional housing need s allocation ( “RHNA”) target of 3,614 housing units, comprised of 840 very-low income units, 485 low-income units, 638 moderate-income units, and 1,651 above moderate - income units; and
WHEREAS, the City has prepared the proposed Richmond Housing Element Update for the 2023-2031 (6th Cycle) planning period (the “proposed Richmond Housing Element Update”); and
WHEREAS, the preparation, adoption, and implementation of a housing element requires a diligent effort to include all economic segments of the community; and 2 WHEREAS, the City conducted extensive community outreach beginning in February 2022, as described in detail in Appendix E (Public Participation Summaries) of the proposed Richmond Housing Element Update; and
WHEREAS, in accordance with Government Code Section 65585(b), on October 21, 2022, the City posted the draft Richmond Housing Element Update and requested public comment for a 30-day review period; and
WHEREAS, on December 9, 2022 , the City posted a revised draft Richmond Housing Element Upd ate responding to public comments and submitted the document to HCD for its review; and
WHEREAS, in accordance with the statutory requirements set forth in State Housing Element Law , the proposed Richmond Housing Element Update contains an assessment of existing and projected housing needs ; an inventory of sites availab le for housing development ; an analysis of constraints to local housing production ; an assessment of fair housing practices ; a set of specific housing programs designed to meet identified housing needs; and has identified sites that can accommodate hous ing units meeting the City’s RHNA , as shown in Exhibit B to this Resolution , which is incorporated herein by reference; and
WHEREAS, the proposed Richmond Housing Element Update meets all of t he applicable guidelines set forth in the State of California G eneral Plan Guidelines published by the Governor’s Office of Planning and Research (“OPR”); and
WHEREAS, the proposed Richmond Housing Element Update was reviewed and found to be consistent wi th the City’s General Plan and the Richmond Municipal Code; and
WHEREAS, once adopted and certified , the proposed Richmond Housing Element Update will supersede and replace the existing 2015 -2023 Housing Element of the General Plan; and
WHEREAS, the prop osed Richmond Housing Element is subject to the requirements of the Ca lifornia Environmental Quality Act, as amended (Public Resources Code Sections 21000 -21178), and the California Environmental Quality Act Guidelines (California Code of Regulations Title 14, Chapter 3) (collectively, “CEQA”); and
WHEREAS, on April 24, 2012, the Council adopted the CEQA Findings of Fact, Statement of Significance, and Mitigation Monitoring and Reporting Program , and certified the Environmental Impact Report, for the Richm ond General Plan 2030 (SCH#2008022018) (the “Richmond General Plan 2030 EIR”); and
3 WHEREAS, on April 24, 2012, the Council adopted the Richmond General Plan 2030 document; and
WHEREAS, the proposed Richmond Housing Element Update is considered an amendment to the Richmond General Plan 2030; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, the City has prepared an Addendum, which is incorporated herein by reference as Exhibit A to this Resolution, affirming that the analysis contained in the Richmond General Plan 2030 EIR adequately addresses the potential physical i mpacts associated with implementation of the proposed Richmond Housing Element Update; and
WHEREAS, the Addendum was prepared in compliance with the requirements of CEQA, the State CE QA Guidelines, and the City of Rich mond Guidelines and Procedures for the Implementation of CEQA; and
WHEREAS, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15 162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically:
a. There have not been any substantial changes in the project that require major revisions of the EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
b. There have not been any substantial changes with respect to the circumstances under which the project is u ndertaken that require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
c. There is no new information of substantial im portance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified that shows any of the following: (a) the project will have one or more significant effects not discussed in the Fi nal EIR; (b) significant effects previously examined will be substantially more severe than shown in the Final EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and
WHEREAS, the proposed Addendum demonstrates that the proposed Richmond Housing Element Update does not contemplate an amount of housing unit development above what was already considered in the Richmond General Plan 2030 EIR and that 4 none of the conditions described in CEQA Guidelines Section 15162 requiring the preparation of a subsequent EIR or negative declaration have occurred; and
WHEREAS, on January 5, 2023 the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and recommended that the City Council adopt the Addendum to the Richmond General Plan 2030 EIR, repe al the 2015- 2023 Housing Element, and adopt the proposed Richmond Housing Element Update; and
WHEREAS, on January 24, 2023 the City Council conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regardi ng the proposed Housing Element, reviewed the Housing Element Update and all pertinent maps, documents and exhibits, the staff report and all attachments, and oral and written public comments.
NOW, THER EFORE, BE IT RESOLVED that the City Council of the Ci ty of Richmond does hereby resolve, declare, determine , and order as follows, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The City Council has considered the Addendum attached as Exhibit A to this resolution as well as the Richmond General Plan 2030 EIR included as Attachment 2 to the staff report.
3. The proposed Richmond Housing Element Update substantially complies with Housing Element Law, as provided in Go vernment Code 65580 et seq. , and contains all provisions required by State Housing Element Law, as shown in Exhibit C to this Resolution.
4. The 2015-2023 Housing Element is hereby repealed in its entirety, and the proposed Richmond Housing Element Update , which is incorporated herein as Exhibit B to this Resolution, is adopted.
5. This Resolution shall become effective upon adoption by the City Council.
6. The Community Development Director or designee is hereby directed to file all necessary material with HCD to find that the Richmond Housing Element Update is in conformance with State Housing Element Law and is further directed and authorized to make all non -substantive changes to the Richmond Housing Element Up date to make it internally consistent or to addre ss any non - substantive changes or amendments requested by HCD to achieve certification.
5 7. The Community Development Director or designee is hereby directed to distribute copies of the Richmond Housing Element Update in the manner provided in Government Code Sections 65357 and 65589.7.
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IT IS HEREBY CERTIFIED that the foregoing Resolution was duly adopted at a regular meeting of the City council of the City of Richmond, California held on the 24th day of January 2023, by the following vote, to wit:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER :
ABSENT: COUNCILMEMBER :
ABSTAIN: COUNCILMEMBER:
CLERK OF THE CITY OF RICHMOND
Approved:
_______________________________________
EDUARDO MARTINEZ
Mayor
Approved as to form:
_______________________________________
DAVE ALESHIRE
City Attorney
Exhibit A: Addendum to the Certified General Plan EIR
Exhibit B: Draft 6th Cycle Housing Element
(redlined to show the Planning Commission’s recommended changes)
Exhibit C: Compliance with Statutory Provisions