Resolution No. 2024-035
Resolution No. 2024-035
February 21, 2024
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RESOLUTION NO. 2024-035
RESOLUTION 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
HOUSE NEEDS ALLOCATION (RHNA), AND ADOPTING
AND IMPLEMENTING THE CITY OF SAN BERNARDINO
2021-2029 HOUSING ELEMENT (GENERAL PLAN –
CHAPTER 3).
WHEREAS, together, General Plan Amendment 24-01 and Development Code Amendment 24-01 constitute the City of San Bernardino 2021-2029 Housing Element ("Project"); and
WHEREAS, General Plan Amendment 24-01 is a request to establish the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and change the General Plan Land Use Designation of specific parcels to meet the City’s Regional House Needs Allocation (RHNA), and adopt and implement the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community and Economic Development Department accepted the Addendum to the Final Environmental Impact Report prepared by Kimley-Horn on behalf of and submitted by the applicant for the Project; and WHEREAS, on January 30, 2024, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report and adopted Resolution No. 2024-002 - PC recommending the adoption of the Addendum to the Final Environmental Impact Report, and the approval of General Plan Amendment 24-01 and Development Code Amendment 24-01 to the Mayor and City Council; and WHEREAS, a notice of the February 21, 2024, public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on Resolution No. 2024-035
Resolution No. 2024-035
February 21, 2024
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February 10, 2024, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the Addendum to the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15164; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 24-01; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Compliance with the California Environmental Quality Act. In accordance with Section 15164 (Addendum to an EIR), as the decision-making body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for General Plan Amendment 24-01 and Development Code Amendment 24-01, and the Final Environmental Impact Report (SCH #2004111132) certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005). Based upon the facts and information contained in the administrative record and the previously certified Final Environmental Impact Report, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find as follows:
(1) The environmental impacts of this project were previously analyzed in the Final Environmental Impact Report certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005) and within the Addendum for the approval for General Plan Amendment 24-01 and Development Code Amendment 24-01; and (2) The certified Final Environmental Impact Report and the Addendum contains a complete and accurate reporting of the environmental impacts associated with the project; and (3) The certified Final Environmental Impact Report and the Addendum was completed in compliance with CEQA and the Guidelines promulgated thereunder; and (4) The certified Final Environmental Impact Report and the Addendum reflects the independent judgment of the Mayor and City Council; and (5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified Final Environmental Impact Report, and all Resolution No. 2024-035
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February 21, 2024
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mitigation measures previously adopted with the Mitigated Monitoring and Reporting Program and the Addendum are incorporated herein by this reference.
SECTION 3.Findings of Fact – General Plan Amendment 24-01:
Finding No. 1:The proposed amendment is internally consistent with the General Plan.
Finding of Fact:General Plan Amendment 24-01 is consistent with the General Plan, as follows:
A.The proposed 2021-2029 Housing Element builds upon and replaces the current 2013-2021 Housing Element, and includes goals, policies and implementation measures that are consistent with, and coordinate with, the remainder of the General Plan.
B.The proposed addition of the subzones RMH-32 and RH-50 implements the previously established intended uses of the Residential Medium High (RMH) and Residential High (RH) zones, while allowing for increased densities that will assist the City in meeting its RHNA.
Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of General Plan Amendment 24-01 will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that:
A.The adoption of the 2021-2029 Housing Element will not directly result in development of any kind. Future development, guided by the Housing Element, will remain subject to the established development standards in the Development Code.
B.The proposed subzones RMH-32 and RH-50 will require future development at the same standards as the existing Residential Medium High (RMH) and Residential High (RH) zones.
Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City; and
Finding of Fact:The adoption of General Plan Amendment 24-01 will not upset the balance of land uses within the City, in that:
A.As noted in Finding No. 2, above, the proposed amendments will not directly result in any development. Therefore, the balance of land uses will be maintained. However, a primary purpose of the Housing Element is to ensure goals, policies and implementation measures are Resolution No. 2024-035
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February 21, 2024
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set forth to ensure that the City provides a range of housing for all income levels, thus maintaining a housing balance appropriate to meet the City' s housing needs.
B.The addition of subzones RMH-32 and RH-50 will not alter the permitted land uses within the existing Residential Medium High (RMH) and Residential High (RH) zones.
Finding No. 4:The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s).
Finding of Fact:As noted above, the proposed amendment will not directly result in any development, and therefore, this Finding of Fact is not applicable.
SECTION 4.General Plan Amendment 24-01 to establish the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and change the General Plan Land Use Designation of specific parcels to meet the City’s Regional House Needs Allocation (RHNA), and adopt and implement the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3), attached hereto and incorporated herein by reference as Exhibits “A” through “D”, is hereby approved.
SECTION 5.Adopt the 2021- 2029 Housing Element, which is attached to the staff report prepared for this item and hereby incorporated herein, replacing the 2013-2021 Housing Element, Exhibit “D” adopted by the City Council on February 21, 2024, and approved the document for submittal to the California Department of Housing and Community Development for certification.
SECTION 6.Authorize staff to make non-substantive changes to the 2021-2029 Housing Element to respond to any comments received during the adoption process or from HCD to achieve certification.
SECTION 7.The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.
SECTION 8.Notice of Determination: The Planning Division of the Community and Development Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.
SECTION 9.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Resolution No. 2024-035
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Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February 2024.
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Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
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Resolution No. 2024-035
Resolution No. 2024-035
February 21, 2024
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CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-035, adopted at a regular meeting held at the 21 st day of February 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _______ 2024. ____________________________
Genoveva Rocha, CMC, City Clerk