Attachment 12
RESOLUTION NO. R-24-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, ADOPTING AN ADDENDUM TO AN ADOPTED INITIAL
STUDY/NEGATIVE DECLARATION (SCH 2022010208), THE CITY’S 6TH CYCLE HOUSING ELEMENT UPDATE CONSISTENT WITH THE
STATUTORY REQUIREMENTS OF THE CALIFORNIA HOUSING
ELEMENT LAW, AND AN UPDATE TO THE GENERAL PLAN LAND
USE MAP
WHEREAS, Government Code § 65580 et seq. requires the City of San Marino to periodically prepare and update its Housing Element in its General Plan. The City’s Housing Element establishes goals, policies, and programs to accommodate the maintenance and expansion of the City’s housing supply; and
WHEREAS, the City of San Marino’s 2021-2029 Draft Housing Element includes updated data in compliance with state housing laws and a variety of programs and strategies to address citywide housing needs and priorities; and
WHEREAS, the City Council amended the General Plan to incorporate the Final 2021-2029 (Sixth Cycle) Housing Element Update on February 9, 2022; and WHEREAS, the City Council approved the Initial Study and Negative Declaration for the 2021- 2029 Housing Element (IS/MND SCH 2022010208) on February 9, 2022; and WHEREAS, the City Council directed staff to submit the 2021-2029 Housing Element to the Department of Housing and Community Development (HCD) for certification.
WHEREAS, the 2021-2029 Housing Element was circulated to HCD on February 11, 2022 for a 60-day HCD review; and
WHEREAS, on April 12, 2022, HCD provided its 60-day comments to the 2021-2029 Housing Element via email on April 12, 2022 and
WHEREAS, the City prepared the 2021-2029 Draft Housing Element - dated May 2024 based on HCD’s review letter dated April 12, 2022, City Council input, and public input received during the community conversation meeting on April 23, 2024; and WHEREAS, on May 8, 2024, the City Council directed staff to submit the Draft Housing Element (dated May 2024) to HCD; and
WHEREAS, the May 2024 Draft Housing Element was circulated to HCD on May 29, 2024 for a 60-day HCD review; and
WHEREAS, on July 25, 2024, HCD provided its 60-day comments to the May 2024 Draft Housing Element via email on July 25, 2024; and
WHEREAS, City staff and the City’s Housing Consultant reviewed the comments from HCD and CITY OF SAN MARINO RESOLUTION NO. R-24-29
have made conforming edits and changes and incorporated comments and responses as reflected in the August 2024 Draft Housing Element; and
WHEREAS, the August 2024 Draft Housing Element was circulated to HCD on August 30, 2024 for a 60-day HCD review; and
WHEREAS, on October 3, 2024, HCD met with City staff and the City’s Housing Consultant via the Microsoft Teams virtual meeting platform to provide a preliminary review of the City’s August 2024 Draft Housing Element; and
WHEREAS, City staff and the City’s Housing Consultant reviewed HCD’s preliminary review matrix and have made conforming edits and changes and incorporated comments and responses as reflected in the October 2024 Draft Housing Element; and WHEREAS, the 2021-2029 Housing Element was reviewed for consistency with the City’s General Plan and San Marino Municipal Code; and
WHEREAS, the City prepared revisions to the City’s Municipal Code, Zoning Map, General Plan Housing Element, and General Plan Map to be consistent with the 2021-2029 Housing Element; and
WHEREAS, an Addendum to an adopted Negative Declaration (SCH 2022010208) for the 2021- 2029 Housing Element was prepared pursuant to California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., CEQA Guidelines § 15070, and the City of San Marino Local Guidelines for Implementing CEQA, assessing the potential environmental impacts that might result from the adoption of the 2021-2029 Housing Element, and the City determined that there was no substantial evidence that adoption of the 2021-2029 Housing Element may have a significant effect on the environment.; and
WHEREAS, the City Council finds that the 2021-2029 Housing Element identifies and analyzes the current and future housing needs of residents within the City of San Marino and establishes housing goals, policies, and programs to meet those needs; and WHEREAS, the City Council finds that the revisions to the City’s Municipal Code, Zoning Map, General Plan, and General Plan Map are consistent with the 2021-2029 Housing Element; and WHEREAS, the Zone Code Amendments are exempt to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), also known as the "general rule" or "common sense" exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The Zone Code Amendments are required to reconcile with the City’s State mandated 2021-2029 Housing Element in order to implement State law and is consistent with the adopted 2021-2029 Housing Element IS/ND (SCH 2022010208) and are not anticipated to result in any new changes to the physical environment. The proposed project would not result in changes to the physical environment, nor would it result in potential environmental impacts beyond those addressed in the adopted 2021-2029 Housing Element IS/ND (SCH 2022010208); and
WHEREAS, the documents and other material that constitute the record of proceedings upon CITY OF SAN MARINO RESOLUTION NO. R-24-29
which the General Plan is located in the Planning Division; and WHEREAS, the 2021-2029 Housing Element, meets the requirements of state law (Government Code Section 65880 et seq.) and associated regulations relating to Housing Elements; and WHEREAS, consistent with the requirements of state law, the 2021-2029 Housing Element identifies and analyzes the current and future housing needs within the City of San Marino and identifies goals, policies and programs to provide certain services and ensure adequate opportunities for housing of all income levels for the planning period set by the State of California; and
WHEREAS, the City of San Marino has met all legal requirements for public outreach and obtaining public input relating to the 2021-2029 Housing Element; and WHEREAS, the Planning Commission held a public hearing on October 23, 2024, and recommended that the City Council adopt an Addendum to an adopted Negative Declaration (SCH 2022010208) for the 2021-2029 Housing Element, the 2021-2029 Housing Element (Sixth Cycle) of the San Marino General Plan, update the City’s General Plan Land Use and Zoning Maps, adopt Ordinance No. O-24-1415 amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05, 23.01.10, 23.03.01, 23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05,
23.10.03, 23.10.04, 23.10.06, 23.15.04, and 23.15.16, adding Municipal Code Section 23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code, and finding that Ordinance No. O-24-1415 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, on October 28, 2024, the City received a letter from HCD indicating that the City’s 6 th Cycle Housing Element meets the statutory requirements described in HCD’s July 26, 2024 review letter. The October 28th HCD letter also states that the City’s 6th Cycle Housing Element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585, subdivision (g) and all rezones are completed per Government Code section 65588, subdivision (e)(4); and
WHEREAS, the City Council held a public hearing on November 13, 2024 to adopt an Addendum to an adopted Negative Declaration (SCH 2022010208) for the 2021-2029 Housing Element, the 2021-2029 Housing Element (Sixth Cycle) of the San Marino General Plan, update the City’s General Plan Land Use and Zoning Maps, and conducted an introduction and first reading to Ordinance No. O-24-1415 amending San Marino Municipal Code Article 20 of Chapter 23 and Sections 23.01.01, 23.01.05, 23.01.10, 23.03.01, 23.03.10, 23.05.01, 23.05.03, 23.06.04, 23.06.05,
23.10.03, 23.10.04, 23.10.06, 23.15.04, and 23.15.16, adding Municipal Code Section 23.05.04, and 23.05.05, and adding Articles 21, 22, and 23 to Chapter 23 of the Municipal Code, and finding that Ordinance No. O-24-1415 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, in addition, before adopting the 2021-2029 Final Housing Element Update, the City Council considered all evidence in the record, including written comments and public comments.
THEREFORE, BE IT RESOLVED by the City Council of the City of San Marino, California, CITY OF SAN MARINO RESOLUTION NO. R-24-29
as follows:
SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
SECTION 2. The City of San Marino City Council amends the General Plan to incorporate the Final 2021-2029 (Sixth Cycle) Housing Element Update attached to the November 13, 2024 City Council staff report.
SECTION 3. The City of San Marino City Council approves the amendments to the City’s General Plan Land Use Map attached to the November 13, 2024, City Council staff report to ensure consistency between the City’s Municipal Code, General Plan, and Final 2021-2029 (Sixth Cycle) Housing Element Update.
SECTION 4. The City of San Marino City Council finds, based upon the whole record, there is no evidence that the project will have a significant effect on the environment. The City Council adopts the Addendum to an adopted Negative Declaration (SCH 2022010208) for the 2021-2029 Housing Element.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED, at a meeting of the City Council of the City of San Marino, California, on this 13th day of November, 2024.
STEVEN W. HUANG, DDS
MAYOR
ATTEST:
ALISON WALKER
CITY CLERK
CITY OF SAN MARINO RESOLUTION NO. R-24-29
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-29 was adopted by the City Council of the City of San Marino at a regular meeting held on the 13th day of November, 2024, and that the same was adopted by the following vote:
AYES: XXXXX
NOES: XXXXX
ABSTAIN: XXXXX
ABSENT: XXXXX
________________________________
ALISON WALKER, CITY CLERK
CITY OF SAN MARINO