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HomeMy WebLinkAbout2011 038 CC RESO RESOLUTION NO. 2011-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2008-2014 PLANNING PERIOD (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AGP-114). WHEREAS, pursuant to the applicable provisions of the planning and land use law(California Government Code Section 65300 et. seq.), studies were commenced for the purpose of considering the City's need for amending the Housing Element of the General Plan; and WHEREAS, a draft Housing Element, attached as Exhibit'A' and which has been incorporated by reference, has been prepared for the planning period 2008-2014 and submitted to the City Council for review and approval; and WHEREAS, the draft Housing Element consists of an extensive analysis with supporting appendix, and comprehensively addresses the statutory requirements of Government Code Section 65583 relating to housing element requirements; and WHEREAS, City staff has been in consultation with the State of California Department of Housing and Community Development (HCD) regarding compliance with Government Code Section 65583, including City consideration of HCD guidelines; and WHEREAS, the Southern California Association of Governments (SCAG) adopted and released a Final Report on its Regional Housing Needs Assessment establishing regional fair share housing allocations for each City in Los Angeles County; and WHEREAS, the City submitted drafts of the City's proposed Housing Element to HCD for comment and revision; and WHEREAS, HCD suggested revisions to the draft Housing Element that have been incorporated into the draft Housing Element as submitted to the City Council; and WHEREAS, HCD has made findings pursuant to Government Code Section 65585(b)stating the draft Housing Element as attached hereto is in substantial compliance with housing element statutory requirements; provided, that the comprehensive Zoning Code Update(Ordinance No. 1346)shall be adopted and finalized by the City Council prior to complete compliance with housing element statutory requirements; and WHEREAS, the draft Housing Element has been subject to environmental review under the California Environmental Quality Act (CEQA); and AGP-114 November 16, 2011 Page 2 of 5 WHEREAS, the City Council has conducted a noticed public hearing on August 3, 2011 to receive comments and consider the proposed amendment to the Housing Element, Case No. AGP-114 on file with the Planning Division of the City. WHEREAS, the City Council voted to leave the public hearing open and continued the item to August 17, 2011. WHEREAS, at the City Council meeting on August 17,2001, staff conducted a presentation on the proposed amendment to the Housing Element. WHEREAS, the City Council voted to leave the public hearing open and continued the item to October 5, 2011. WHEREAS, the City Council voted to leave the public hearing open and continued the item to November 16, 2011 WHEREAS, the City Council conducted a duly noticed public hearing on November 16, 2011 to receive comments and consider the proposed amendment to the Housing Element. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council relied upon the evidence presented at the public hearing in making the determinations set forth in this Resolution and in reaching the conclusions set forth in Sections 2 and 3. SECTION 2. The City Council at the time of the public hearing on the above matter reviewed and considered the proposed Initial Study and Negative Declaration of Environmental Impact, relating to the Housing Element Amendment(SCH#2011041051) and based on that review finds and determines the following:. a) The public review period for the Negative Declaration began on April 15, 2011 and ended on May 16, 2011; and b) No comments were received from the State Clearinghouse on the proposed Negative Declaration; and AGP-114 November 16, 2011 Page 3 of 5 c) The City received one comment letter from the California Public Utilities Commission regarding rail road safety and it's relationship to the Housing Element; and d) There is no substantial evidence the proposed project (Housing Element Update) will have a significant effect on the environment; and e) Based upon its public review, the City Council has determined there is no substantial evidence the amendment will have a significant impact on the environment; and. f) Based on the foregoing, adopts the Negative Declaration. SECTION 3. The City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) The City Council has conducted a noticed public hearing on the proposed amendment to the Housing Element, Case No. AGP-114 on file with the Planning Division of the City, and an environmental analysis, as hereinabove described; and b) The amendment as proposed is consistent with the purposes and intent of the General Plan and its goals and objectives; and c) The proposed Housing Element Update is in the public interest and will benefit the community by encouraging the City's participation in programs that provide home ownership opportunities for families;facilitating the development of housing for all income levels, including very low-, low-, moderate-, and above moderate-income levels for the 2008-2014 planning period. The Housing Element Update identifies housing goals to address the City's fair share of the regional housing needs, while encouraging improvement and enhancement to existing residential neighborhoods throughout the City. d) The proposed Housing Element Update is consistent with the goals, policies and objectives of the current general plan in that it encourages a balanced approach to meeting housing needs that include both owners and renters and emphasizes maintaining and enhancing the quality of existing housing and residential neighborhoods in the City. The Housing Element Update is internally consistent with other land use goals and policies of the General Plan, and maintains specific goals and policies that are aimed at not only maintaining and improving Baldwin Park's established neighborhoods, but also achieving mixed-use development along select corridors and adjacent to the City's Metrolink Station. AGP-114 November 16, 2011 Page 4 of 5 e) The proposed amendment will not conflict with the provision of the City's Zoning Code, subdivision regulations or any applicable specific plan. The proposed Housing Element Update contains goals, policies, and implementation programs related to the development and rehabilitation of housing throughout the City for the most part are consistent with the current Zoning Ordinance, subdivision regulations and existing specific plans. New requirements under State Law have been met through the addition of new housing programs, including the provision of emergency(homeless)shelters as a permitted use in at least one zone, updated density bonus provisions for affordable housing in accordance with State law and increased densities within the mixed use zoning designations. The proposed Housing Element Update does not conflict with the City's Zoning Code or State Housing Law. f) In the event the proposed amendment is a change to the Land Use Policy Map, the amendment will not adversely affect surrounding properties. The proposed General Plan Amendment involves the adoption of an updated Housing Element, and does not include a change to the Land Use Policy Map. SECTION 4. Based on all the foregoing, the City Council hereby approves and adopts the Housing Element Update, Case No. AGP-114, to amend the Housing Element of the General Plan for the 2008-2014 Planning Period. SECTION 5. Except as expressly amended herein including Exhibit A or as the context otherwise requires, all the terms and provisions of the existing General Plan shall remain in full force and effect. SECTION 6. The City Clerk shall certify to the adoption of the Resolution and shall forward a copy hereof to the Secretary of the Planning Commission. The Planning Division shall file the Notice of Determination and the Fish and Game Paperwork with the Los Angeles County Clerk. APPROVED AND ADOPTED iI - - 6 h d. of ovember, 2011. Ill- i_ , WOZANO, MAYOR AGP-114 November 16, 2011 Page5of5 ATTEST: Y-riAt AL AND AVILA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the Baldwin Park City Council do hereby certify that the foregoing Resolution No. 2011-038 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 16th day of November 2011 by the following vote: Monica Garcia, Susan Rubio, Ricardo Pacheco AYES: COUNCILMEMBERS: Mayor Pro Tem Marlen Garcia, Mayor Manuel Lozano NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: