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: