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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: General Plan Amendment 24-01 and Development
Code Amendment 24-01 (2021-2029 Housing Element)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Adopt Resolution No. 2024-035 of the Mayor and City Council of the City of San Bernardino, California, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3) (Attachment 1);
2. Introduce the first reading of Ordinance No. MC-1627 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132) (Attachment 2); and
3. Schedule the second reading of the above Ordinances to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. 1 8
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Executive Summary
The City is required by State Law to adopt a Housing Element covering the planning period 2021-2029. The Housing Element addresses a path for the City to provide housing opportunities citywide for very-low, low, moderate, and above-moderate- income households. It also includes a housing need analysis, constraints, housing resources, and fair housing, followed by goals and policies. To implement the Housing Element, it was determined that rezoning of properties was needed to increase the densities to meet the required Regional Housing Needs Allocation (RHNA). This action prompted a General Plan Amendment 24-01 and Development Code Amendment 24- 01 to establish two (2) new sub-zoning districts that will provide increased densities for specific parcels to allow the City to meet its RHNA) and adopt the Housing Element covering the planning period 2021-2029.
Background
The General Plan is a comprehensive document that serves as a blueprint for meeting the City’s long-term vision for the future. It addresses topics including land use, infrastructure, economic development, fire and police services, parks, hazards, and importantly housing. San Bernardino 2050 is a major initiative to update the General Plan. As part of the General Plan effort, the Housing Element is being updated. It is one of the nine required elements of the General Plan that addresses the existing and future housing needs of persons in all economic segment groups and serves as a tool for decision-makers and the public to understand and meet housing needs in San Bernardino.
The Housing Element uniquely outlines the course for a more fair, equitable, and San Bernardino. It identifies local housing needs and obstacles to meeting those needs and updates goals, objectives, policies, and programs so that the necessary housing can be provided.
Unlike other Elements of the General Plan, which may be updated at the discretion of each jurisdiction, California Government Code Sections 65580-65589.8 requires local jurisdictions to update the Housing Element of their General Plans every eight years, subject to the review and approval of the State Department of Housing and Community Development (HCD). The City’s current Housing Element (“5th Cycle”) was adopted on February 10, 2014, and covered the period from 2013 to 2021. The City of San Bernardino is currently in the process of preparing the 6th Cycle Housing Element, which will plan for the period of 2021 to 2029.
On July 11, 2023, the 2021-2029 draft Housing Element was reviewed by the Planning Commission, and action was taken recommending to the Mayor and City Council to authorize the Community Development & Housing Department to submit the document to the State Department of Housing and Community Development (HCD) for review.
On August 2, 2023, the Mayor and City Council received the draft along with the recommendation of the Planning Commission and made a recommendation to submit 1 8
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the draft to HCD. Subsequently, on August 4, 2023, the City provided the 2021-2029 draft Housing Element to HCD for an initial 60-day review.
On October 2, 2023, the City received a letter from HCD providing a response to the initial submittal and changes to the draft that would be necessary to bring the draft in compliance with State requirements. On November 21, 2023, the City submitted a revised draft to HCD for a second 45-day review. A response to the City’s second submittal was received from HCD on January 9, 2024, providing the final corrections required to deem the draft compliant. As of the publication of this staff report, the City has revised the 2021-2029 draft Housing Element and submitted it to HCD for a third review.
On January 30, 2024, the Planning Commission, by a unanimous vote, adopted Resolution No. 2024-002 - PC, forwarding a recommendation that the Mayor and City Council (Attachment 5):
1.Adopt the Addendum to Final Environmental Impact Report (SCH No. 2004111132) for General Plan Amendment 24-10 and Development Code Amendment 24-01, in accordance with Section 15164 of the California Environmental Quality Act;
2.Approve General Plan Amendment 24-01 based on the Findings of Fact; and
3.Approve Development Code Amendment 24-01 based on the Findings of Fact.
Discussion
One of the primary purposes of the Housing Element is to demonstrate that a jurisdiction can meet its Regional Housing Needs Allocation (RHNA). HCD provides an allocation to each regional planning agency (Southern California Association of Governments (SCAG) for the City of San Bernardino), and SCAG then determines and assigns a RHNA for each individual jurisdiction within the region.
For the City of San Bernardino, the current RHNA allocation totals 8,123 housing units.
The following table outlines the City’s RHNA allocation, which is the number of units expected to be built over the eight-year period and the percentages by income category.
Table 1: City of San Bernardino – RHNA Allocation (By Income Group)
HOUSEHOLD
INCOME CATEGORY
DEFINITION OF
INCOME
CATEGORIES
NUMBER OF
HOUSING UNITS
PERCENT OF
ALLOCATION
Extremely Low Income 0–30% of AMI* 708 8.7%
Very Low Income 31–50% of AMI 707 8.7%
Low Income 51–80% of AMI 1,097 13.5%
Moderate Income 81–120% of AMI 1,448 17.8%
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Above Moderate
Income Over 120% of AMI 4,163 51.3%
Total 8,123 100%
*AMI – Area Median Income
Draft Housing Element Components: The City of San Bernardino 2021-2029 Draft Housing Element has seven sections, described below:
▪Chapter 1: Introduction. Includes an overview, the statutory authority and requirements, related planning efforts, overview of the outreach process that informed the development of the Housing Element, and the process for maintaining consistency with the General Plan.
▪Chapter 2: Needs Assessment. Analysis of demographic, social, and housing characteristics; special housing needs; and current and future housing needs due to population growth, demographic change, and other factors affecting housing needs, including fair housing. ▪Chapter 3: Constraints Analysis. Analysis of governmental and nongovernmental (market and environmental-related) constraints that affect the development, maintenance, and improvement of housing for all income groups and people with disabilities.
▪Chapter 4: Housing Resources. Inventory of resources available to address the City's housing needs, including available land for housing, housing production in the pipeline, and the financial resources and administrative capacity to manage housing programs.
▪Chapter 5: Fair Housing. This chapter will address the new statutory requirements for affirmatively furthering fair housing set forth by AB 686.
This section will also include the results of outreach undertaken to improve fair housing.
▪Chapter 6: Program Evaluation. This chapter includes an assessment of accomplishments achieved during the prior planning period, a description of outreach and engagement that has informed the process, and a synopsis of changes proposed for the housing element.
▪Chapter 7: Housing Plan. The goals, policies, and programs to address the development, improvement, and conservation of housing and provision of fair housing opportunities to meet the needs of residents.
Sites Inventory and Analysis: State law requires each jurisdiction to demonstrate that sufficient land is zoned to provide housing capacity that is adequate to meet the RHNA assigned to each City for each income level. The Draft Housing Element includes a Housing Sites Analysis, which provides an inventory of land suitable for residential development and is discussed in detail in Chapter 4 (Housing Resources); Section 4.2 (Housing Sites).
The Draft Housing Element sites analysis demonstrates that an adequate number of sites exist to meet the City of San Bernardino’s RHNA obligation of 8,123 units. To 1 8
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accommodate the units, the City has identified sites on appropriately zoned land, projects in the entitlement and development process since July 2021, and future development of accessory dwellings.
Table 2 below summarizes the City’s approach to meeting the 2021-2029 RHNA allocation for the housing element.
Table 2: City of San Bernardino RHNA Status Summary
INCOME LEVELS
LOWER MODERATE ABOVE
MODERATE TOTAL
RHNA Allocation 2,512 1,448 4,163 8,123
RHNA CREDITS (PROJECTS AND VACANT SITES)
Pipeline Projects towards
RHNA 644 483 964 2,091
ADUs Permitted (2021-2023) 264 194 - 458
ADUs Projections (2024-
2029) 690 510 - 1,200
Existing Vacant Residential
Land 0 753 3,388 4,141
EXISTING RESIDENTIAL VACANT LAND
Total Remaining Need
without Rezones 914 -492 -189 - -
Vacant Residential Land for
Upzone 740 0 0 740
Surplus Sites for Rezone 308 0 97 405
FINAL SUMMARY
Total Units Towards RHNA 2,646 1,940 4,449
Count Over/Under RHNA 134 492 286
Based on the identified sites on appropriately zoned land, projects in the entitlement and development process since July 2021, and future development of accessory dwellings, the City can provide for the development of 7,890 housing units within the planning period, resulting in a shortfall of 233 units. To meet the City’s RHNA obligation, the City has identified several sites that will be rezoned or upzoned.
Approximately 19.46 acres of privately owned land that is currently designated for multiple-family residential use will be upzoned to allow for higher-density development. City-owned surplus land, totaling approximately 7.04 acres, will be redesignated from commercial use to multiple-family residential, while an additional
1.41 acres currently zoned for multiple-family residential will be upzoned. The specific parcels proposed to be rezoned/upzoned are included in Table 1-1 and Table 1-1 of the Addendum to the Final EIR (Attachment A – Exhibit A). 1 8
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Two new sub-zones will be created to support the proposed rezonings/up zonings:
▪Residential Medium High (RMH-23) – 32 dwelling units per acre ▪Residential High (RH-50) – 50 dwelling units per acre
Development standards and permitted uses within the new subzones will follow those of the Residential Medium High (RMH) and Residential High (RH) zones, as applicable.
Outreach: Public participation is an important component of the Housing Element and the larger comprehensive General Plan update, to obtain input and feedback from all segments of the community. Input was provided during the development and the public review of the Draft Housing Element.
The City’s public participation program included the following:
▪Visioning Workshops: The City engaged residents, local leaders from each City ward, and a wide swath of stakeholders regarding their perceptions of existing issues and visions for the future of the city during the spring to fall 2021. Activities to engage residents involved in workshops, pop-ups, online surveys, stakeholder interviews, and other initiatives. ▪Committee and Ward Meetings: A General Plan Advisory Committee (GPAC) was appointed to provide input, feedback, and recommendations to City staff, the Planning Commission, and the Mayor and City Council on key components of the General Plan and Housing Element update. The GPAC held more than a dozen meetings covering topics relevant to the Housing Element. In addition, the City held workshops in each ward to understand issues unique to each area of San Bernardino. ▪Website Presence: The City of San Bernardino made a diligent effort to keep the public informed about the status of the General Plan update and 2021-2029 Housing Element update. A General Plan website was set up to inform residents of the update, including the Housing Element. All GPAC meetings, relevant presentations, and background reports were made available online.
▪Consolidated Plan and Analysis of Impediments Update: The City’s 2020-2025 Consolidated Plan (ConPlan) and Analysis of Impediments to Fair Housing conducted a robust public participation effort. The feedback provided through the process supported the development of the ConPlan, including the development of housing and community development needs, priorities, goals, and strategies.
▪Stakeholder Consultations: The City contacted stakeholders to inform the overall consolidated plan update and the fair housing analysis.
Stakeholders were selected to include a broad array of interest groups, such as neighborhood groups, faith-based groups, nonprofit organizations, city- county agencies, developers, and financial institutions. 1 8
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Prior to each submittal of the Housing Element to HCD, the City has made available the draft for a 10-day, or in the case of resubmittals, a 7-day public review period. Availability has been made by posting the draft on the City’s website and providing notices to all parties that had previously expressed interest in the Housing Element. During each review period, comments have been received from Daniel Jivanjee (resident), JustSB, Inland Counties Legal Services and The Public Interest Law Project, Uplift San Bernardino at the Making Hope Happen Foundation, and the ACLU of Southern California.
The City has prepared responses to the comments received during each round of public review and provided those to each applicable commenting party. 2021-2025 Strategic Targets and Goals
The 2021-2029 Housing Element aligns with Key Target No. 4: Economic Growth & Development; (b) Update the General Plan and Development Code.
Fiscal Impact
There will be no fiscal impact on the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Adopt Resolution No. 2024-035 of the Mayor and City Council of the City of San Bernardino, California, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3) (Attachment 1);
2. Introduce the first reading of Ordinance No. MC-1627 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132) (Attachment 2); and
3. Schedule the second reading of the above Ordinances to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024.
Attachments
Attachment 1 Resolution No. 2024-035 (Adopting Addendum to Final EIR and Approving General Plan Amendment 24-01)
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Attachment 2 Resolution No. 2024-035 (Adopting Addendum to Final EIR and Approving General Plan Amendment 24-01) – Exhibits A-D
Attachment 3 Ordinance No. MC-1627 (Approving Development Code Amendment 24-01)
Attachment 4 Ordinance No. MC-1627 (Approving Development Code Amendment 24-01) – Exhibits A-B
Attachment 5 Exhibits for Map Changes
Attachment 6 Resolution No. 2024-002 - PC
Attachment 7 Public Comment Letters and City-issued Response Letters Attachment 8 PowerPoint
Attachment 9 Newspaper Publication
Ward:
All Wards
Synopsis of Previous Council Actions:
On August 2, 2023, the Mayor and City Council received the draft along with the recommendation of the Planning Commission and made a recommendation to submit the draft to HCD. Subsequently, on August 4, 2023, the City provided the 2021-2029 draft Housing Element to HCD for an initial 60-day review.