1 Attachment 1
PROPOSED RESOLUTION NO. 23-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RICHMOND
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ADDENDUM TO THE RICHMOND GENERAL PLAN 2030 ENVIRONMENTAL IMPACT REPORT
(SCH#2008022018), REPEAL THE GENERAL PLAN 2015 -2023 HOUSING
ELEMENT, AND ADOPT 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 ad opt 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 (the “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 substantially conformed with State law; and
WHEREAS, California Government Code Section 65588 requires the City to update its general plan housing ele ment every eight years as a jurisdiction within a Metropolitan Planning Organization (the Association of Bay Area Government s (“ABAG”)) that adopted a Sustainable Communities Strategies in compliance with SB375; and
WHEREAS, State Housing Element Law ( Government Code Sections 65580 et seq.) requires that the City adopt a Housing Element for the eight -year period 2023 - 2031 to accommodate the City’s regional housing needs allocation (“RHNA”) 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 (6
th Cycle) planning period (the “proposed Richmond Housing Element Update”), which is incorporated herein by reference as Exhibit A to this Resolution; 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 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 2, 2022, the City posted a revised draft Richmond Housing El ement Update responding to public comments and on December 9, 2022, the City submitted the draft Housing Element 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 available for housing development, an analysis of constraints to local housing production, an assessment of fair housing practices, and a set of specific housing programs designed to meet identified housing needs and has identified sites that can accommodate housing units meeting the City’s RHNA; and
WHEREAS, the proposed Richmond Housing Element Update meets all of the applicable guidelines set forth in the State of California General Plan Guidelines published by the Governor’s Office of Planning and Research; and
WHEREAS, the proposed Richmond Housing Element Update was reviewed and found to be consistent with 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 proposed Richmond Housing Element is subject to the requirements of the California Environmental Qualit y 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 CE QA Findings of Fact, Statement of Significance, and Mitigation Monitoring and Reporting Program , and certified the Environmental Impact Report, for the Richmond General Plan 2030 (SCH#2008022018) (the “Richmond General Plan 2030 EIR”); and
WHEREAS, on April 24, 2012, the Council adopted the Richmond General Plan 2030 document; and
3 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 B to this Resolution, affirming that the analysis contained in the Richmond General P lan 2030 EIR adequately addresses the potential physical impacts associated with implementation of the proposed Richmond Housing Element Update; and
WHEREAS, the addendum was prepared in compliance with the requirements of the California Environmental Quality Act, the State CEQA Guidelines, and the City of Richmond Guidelines and Procedur es for the Implementation of the California Environmental Quality Act; and
WHEREAS, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 and 15163 of the State C EQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically:
a. There have not been any substanti al changes in the project that require major revisions of the EIR because of new signi ficant 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 undertaken 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 importance, which was not know n 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 ha ve one or more significant effects not discussed in the Final EIR; (b) significant eff ects 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 signific ant 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 none of the conditions described in CEQA Guidelines Section 15162 requir ing the preparation of a subsequent EIR or negative declaration have occurred; and 4 WHEREAS, on January 5, 2023, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Richmond Housing Element Update, reviewed the Housing Element and all perti nent maps, documents and exhibits, including the staff report and all attachments, and oral and written public comments..
NOW, THERE FORE, BE IT RESOLVED that the Planning Commission does hereby find, 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 Planning Commission has considered the Addendum attached as Exhibit B to this resolution as well as the Richmond General Plan 2030 EIR included as Attachment 2 to the staff report.
3. The Housing Element substantially complies with State Housing Element Law.
4. The Planning Commission does hereby recommend that the City Council repeal the 2015- 2023 Housing Element and adopt the Addendum to the Richmond General Plan 2030 EIR as well as the proposed Richmond Housing Element Update, as shown in Exhibits A and B, based on the following findings:
a. The proposed general plan amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.
b. The proposed am endment is consistent with the General Plan goals, unless the goals themselves are proposed to be amended.
c. The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency.
d. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
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5 I CERTIFY that the foregoing Resolution was adopted by the Planning Commission of the City of Richmond, California at a regular meet ing held on January 5, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_______________________________________
DAVID TUCKER
CHAIR, RICHMOND PLANNING COMMISSION
Approved as to form:
_______________________________________
JAMES ATENCIO
SENIOR ASSISTANT CITY ATTORNEY
Exhibit A: Draft 6
th Cycle Housing Element
Exhibit B: Addendum to the Certified General Plan EIR