Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024
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RESOLUTION NO. 2024-121
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING A POLICY FOR THE PROCESSING OF
SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS
CONSISTENT WITH GOVERNMENT CODE SECTION
65583.2, SUBDIVISIONS (C), (H), AND (I).
WHEREAS, on February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-035, 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); and WHEREAS, on March 6, 2024, the Mayor and City Council adopted Ordinance MC-1627, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA); and WHEREAS, Government Code Section 65583.2 requires that specific residential development projects shall be allowed through a by-right process on properties identified to accommodate the City’s lower income RHNA.
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.The Mayor and City Council hereby directs City staff to allow projects with at least 20 percent or more units affordable to lower income individuals through a by-right process per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), on sites identified on Table 4-5 of the 2021-2029 Housing Element which have been rezoned (MC-1627) to accommodate the lower income RHNA and sites in Appendix A that were identified in the prior planning periods.
For this purpose, “by-right” means that the City shall not require a Conditional Use Permit, Planned Unit Development Permit, or other discretionary review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
SECTION 3.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity described in this Resolution is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024
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there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4.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 5.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 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 6. 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 5th day of June 2024.
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Helen Tran, Mayor
City of San Bernardino
Attest:
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Genoveva Rocha, CMC, City Clerk
Approved as to form:
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Sonia Carvalho, City Attorney
Resolution No. 2024-121
Resolution No. 2024-121
June 5, 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. 2024-121, adopted at a regular meeting held at the 5 th day of June 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.
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Genoveva Rocha, CMC, City Clerk