RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT PLN20-036 TO ADOPT THE REVISED HOUSING ELEMENT UPDATE WHEREAS, on February 4, 2014, the City approved its Centennial General Plan, which includes Housing and Safety Elements; certified a Program Environmental Impact Report (State Clearinghouse No. 2013041021); and adopted a Mitigation Monitoring Program pursuant to the California Environmental Quality Act; and WHEREAS, the preparation, adoption, and periodic update of the City of San Clemente’s (“City”) Housing Element is mandated by California State Law (Govt. Code §§ 65580-65589); and WHEREAS, the Housing Element is a policy document that, among other things, identifies programs intended to facilitate meeting the housing needs of all of the City’s residents, including those special and very low-income populations most in need, and explains how the City intends to accommodate the City’s share of projected regional housing need, as determined by the Southern California Association of Government’s Regional Housing Needs Assessment (“RHNA”); and WHEREAS, between October 2020 and July 2021, the City has convened multiple virtual community workshops, conducted multiple surveys, and held public hearings before the Planning Commission and the City Council to solicit and receive public input on the proposed 2021-2029 Housing Element Update (the “Housing Element Update”); and WHEREAS, on or about June 6, 2021, the City submitted its draft Housing Element Update to the California Department of Housing and Community Development (“HCD”) for review in accordance with Government Code Section 65585(b)(1); and WHEREAS, on August 6, 2021, HCD issued a letter to the City with comments on the Housing Element Update, including an appendix of concrete required revisions and additions for the City to implement in order for it to comply with state law; and WHEREAS, the City is committed to satisfactorily addressing all of HCD’s comments and re-submitting the Housing Element Update to HCD with an eye toward final approval and City adoption of the Housing Element Update by no later than October 15, 2021; and WHEREAS, the Housing Element Update was initiated as General Plan Amendment PLN20-036 (“PLN20-036”), and Municipal Code Section 17.16.020(H)(1) requires the Planning Commission to review a general plan amendment for recommendation to the City Council; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.) (“CEQA”), the City is Lead Agency for the Housing Element Update; and WHEREAS, as Lead Agency, and in accordance with State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) section 15164, the City has prepared a Program Environmental Impact Report (State Clearinghouse No. 2021020256) (the “PEIR”) for the City’s 2013-2021 Housing Element and Safety Element Updates (“Project”); and WHEREAS, in accordance with State CEQA Guidelines section 15082, on February 12, 2021, the City sent to the Office of Planning and Research a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse Number #2021020256) would be prepared; and WHEREAS, two comment letters were received in response to the NOP; and WHEREAS, a public scoping meeting was held on February 21, 2021; and WHEREAS, a Draft Program Environmental Impact Report (“Draft PEIR”) was prepared, incorporating comments received in response to the NOP; and WHEREAS, the Draft PEIR determined that mitigation measures were required to mitigate impacts to a less than significant level for biological resources, cultural and tribal resources, geology and soils, and hazards and hazardous materials; and WHEREAS, the Draft PEIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to air quality, greenhouse gas emissions, land use and planning, construction noise, and transportation; and WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on July 23, 2021; and WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft PEIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on July 23, 2021; and WHEREAS, during the public comment period, copies of the Draft PEIR and technical appendices were available for review and inspection at the offices of the City of San Clemente, on the City’s website, and at the San Clemente Public Library; and WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft PEIR was circulated for at least a 45-day public review and comment period from July 23, 2021 to September 7, 2021; and WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, the City received two written comment letters on the Draft PEIR; and WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s consideration of the Final PEIR on October 5, 2021; and WHEREAS, on August 18, 2021 at a duly noticed regular meeting, the Planning Commission considered evidence presented by City staff and other interested parties regarding PLN20-036 to forward a recommendation to the City Council to adopt the Housing Element and Safety Element Updates; and WHEREAS, on October 5, 2021 at a duly noticed regular meeting, the City Council considered the Planning Commission’s recommendation as well as evidence presented by the City staff and other interested parties regarding the Final Program EIR (Final PEIR) and PLN20-036 to adopt the Housing Element and Safety Updates; and WHEREAS, on September 24, 2021, the City released the Final PEIR, which consists of the Draft EIR, all technical appendices prepared in support of the Draft PEIR, all written comment letters received on the Draft PEIR, written responses to all written comment letters received on the Draft PEIR, errata to the Draft PEIR and technical appendices; and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the PEIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project and the revised Housing Element Update; and WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the PEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project and the revised Housing Element Update have been adequately evaluated; and WHEREAS, the PEIR prepared in connection with the Project sufficiently analyzes the Project’s and the revised Housing Element Update’s potentially significant environmental impacts and analyzes a range of feasible alternatives capable of reducing these effects to an even lesser level of significance; and WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to Resolution No. 21-40, incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and WHEREAS, the City finds that environmental impacts that are identified in the PEIR as less than significant and do not require mitigation are described in Section 4 of Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, the City finds that environmental impacts that are identified in the PEIR that are less than significant with incorporation of mitigation measures are described in Section 4 of Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, the City finds that even with the incorporation of all feasible mitigation measures, the environmental impacts that are identified in the PEIR that are significant and unavoidable are described in Section 5 of Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, the cumulative impacts of the Project identified in the PEIR and set forth herein, are described in Section 7 of Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Project identified in the PEIR and set forth herein, are described in Section 5 of Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, the existence of any growth-inducing impacts resulting from the proposed Project identified in the PEIR and set forth herein, are described in Section 6 of Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, alternatives to the proposed Project that might further reduce the Project’s potential environmental impacts are described in Section 9 of Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the Project outweigh the unavoidable significant environmental effects is described in Exhibit A to Resolution No. 21-40, incorporated herein; and WHEREAS, all the mitigation measures identified in the PEIR and necessary to reduce the potentially significant impacts of the proposed Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP) in Exhibit B to Resolution No. 21-40, incorporated herein; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the PEIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the PEIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the PEIR or additional environmental review of the Project and the revised Housing Element Update under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, on October 5, 2021, the City conducted a duly noticed public hearing on Resolution No. 21-40, at which time all persons wishing to testify were heard and the Project was fully considered; and WHEREAS, between January 2022 and September 2022, the City received two letters from HCD, posted three rounds of revisions online, and conducted multiple meetings with housing advocacy organizations and other public commenters to receive and address public input on the revised 2021-2029 Housing Element Update (the “revised Housing Element Update”); and WHEREAS, on September 20, 2022, the City conducted a duly noticed public hearing on the revised Housing Element Update, at which time all persons wishing to testify were heard and the revised Housing Element Update was fully considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of San Clemente hereby resolves as follows:
SECTION 1. EIR is Complete. The City Council reviewed and considered the Program EIR, any oral or written comments received, and the administrative record prior to making any decision on the Project. The City Council found that the Program EIR was completed in compliance with CEQA and the State CEQA Guidelines. The City Council declared that no evidence of new significant impacts of “substantial importance” as defined by State CEQA Guidelines section 15088.5, were received by the City after circulation of the Draft PEIR that would require recirculation. Therefore, the City Council hereby certifies the Program EIR based on the entirety of the record of proceedings. The City Council adopted the CEQA Findings of Fact and Statement of Overriding Considerations, which were prepared in accordance with State CEQA Guidelines sections 15091 and which are incorporated herein by this reference. Further, pursuant to Public Resources Code section 21081.6, the City Council adopted the Mitigation Monitoring and Reporting Program incorporated herein as Chapter 13 of Exhibit B of Resolution No. 21-40.
SECTION 2. EIR Addresses the Environmental Impacts. Having considered the entirety of the administrative record, the City Council found that all environmental impacts of the Project were addressed within the Program EIR. The City Council found that the Program EIR contained a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflected the independent judgment and analysis of the City.
SECTION 3. Adoption of the EIR. Based upon the entire record before it, including the Program EIR, CEQA Findings of Fact and Statement of Overriding Considerations, and all written and oral evidence presented, the City Council adopted the Program Environmental Impact Report (State Clearinghouse No. 2021020256).
SECTION 4. Findings for the revised Housing Element Update (PLN20-036). The City Council has reviewed and considered the revised Housing Element Update (PLN20-036), any oral or written comments received, and the administrative record prior to making any decision on the revised Housing Element Update. Pursuant to Municipal Code Section 17.16.030(I), the City Council makes the following findings with respect to adopting the revised Housing Element Update:
The proposed amendment is internally consistent with those portions of the General Plan which are not being amended. All policies and program recommendations in the revised Housing Element Update have been reviewed, analyzed, and found to be consistent with the other elements of the General Plan, such as the Land Use Element in that the project would support the City’s goal to provide a mix of housing to meet the diverse economic and physical needs of its residents by planning for a variety of housing opportunities, programs, and services. In addition, the housing program for future rezoning of potential housing sites would include making the City’s Design Standards part of the Zoning Ordinance ensuring the City’s expectation for high quality design is met.
The proposed amendment will not adversely affect the public health, safety, and welfare. The revised Housing Element Update will address how the City provides an adequate supply of housing, including the City’s RHNA share for the 2021-2029 planning period. Therefore, the Housing Element Update will not adversely affect the public health, safety, and welfare. Specifically, the Housing Element Update plans for healthy housing opportunities for all income levels and physical abilities, and any potential future development will be subject to mitigation measures and, if necessary, additional environmental review.
SECTION 5. Adoption of PLN20-036. The City Council hereby approves General Plan Amendment No. 20-036, to adopt the revised Housing Element Update, as shown in Exhibit “A”.
SECTION 6. Notice of Determination. The City Council hereby directs staff to prepare and file a Notice of Determination (“NOD”) with the County Clerk’s Office for the County of Orange within five (5) business days of the adoption of this Resolution.
SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the Community Development Department, San Clemente City Hall, 910 Calle Negocio, San Clemente, CA 92673.
APPROVED AND ADOPTED this 20th day of September, 2022.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
Exhibits:
Revised 2021-2029 Housing Element Update (Clean Version) STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the 20th day of September, 2022, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this 20th day of September, 2022. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
CITY ATTORNEY
ATTACHMENT 6