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HomeMy Public PortalAbout10) 9.A. Adoption of Resolution No. 13-4908 To Update the Housing Element of the General PlanDATE: May 7, 2013 AGENDA ITEM 9.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: The Honorable City Council / FROM: Jose E. Pulido, City Manager, Via: Mark H. Persico, AICP, Co munity Development Director By: Paul Deibel, AICP, Community Development Project Manager SUBJECT: ADOPTION OF RESOLUTION NO. 13-4908 TO UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN RECOMMENDATION: The City Council is requested to: a) Hold a public hearing to allow for public input on the proposed City of Temple City 2008-2014 Housing Element, and on the Draft Initial Study of Environmental Impact and Proposed Mitigated Negative Declaration; b) Approve the Initial Study of Environmental Impact and adopt the Mitigated Negative Declaration (Attachment "A"); and c) Adopt Resolution No. 13-4908 approving the City of Temple City 2008-2014 Housing Element (Attachment "B"). BACKGROUND: 1. On October 19, 2009, the City submitted a draft update of the housing element of the General Plan to the State of California Department of Housing and Community Development (HCD). 2. On December 16, 2009, the City received a letter from HCD (Attachment °C") advising that while the submitted draft element addressed some statutory requirements that had not been adequately addressed in a prior submittal in 2008, additional revisions were still necessary. In particular, per HCD, the element "still does not include a complete analysis of sites to accommodate the regional housing needs allocation." 3. On April 28, 2011, the City Council adopted the FY 2011-13 City Council Priorities City Council May 7, 2013 Page 2 and City Manager's Action Plan. An important objective of this work plan is the adoption of an update to the housing element that will address housing needs for all segments of the community, and do so in a manner consistent with state statutes on housing element content. 4. On December 9, 2011, the City approved a consultant services agreement with Karen Warner Associates, a well -experienced housing planning firm, to comprehensively revise the City's draft housing element so that it would meet the community's housing -related goals and objectives in a manner consistent with state statutory requirements for local housing elements. 5. On September 21, 2012, staff conveyed the first draft of the new housing element update to the City Council and Planning Commission along with a cover memorandum dated September 21, 2012 (Attachment "D") providing background on the housing planning process in California, and how the City's share of regional housing need is established through the Regional Housing Needs Assessment (RHNA) process. 6. On September 27, 2012, the City Council and the Planning Commission conducted a joint study session on the new draft update of the housing element and authorized the re -submittal of the draft housing element update to HCD to ensure that the element addresses the community's housing needs in a manner consistent with state statutes. 7. On December 4, 2012, the City received a letter from HCD (Attachment "E") indicating that, subject to one minor revision, the draft housing element would meet the requirements of state law for housing elements. 8. On March 26, 2013, a copy of the revised draft City of Temple City 2008-2014 Housing Element/Public Hearing Draft was conveyed to each member of the City Council along with a cover memorandum (Attachment "F") that provided an assessment of the most recent comments from HCD, and a draft of the Initial Study. 9. On April 8, 2013, the Draft Initial Study and Notice of Intent to adopt a Mitigated Negative Declaration were posted on the City's website and at the L.A. County Clerk's office, commencing the required 20 -day public comment period. 10. On April 9, 2013, the Planning Commission conducted a public hearing and adopted a resolution recommending that the City Council approve the Initial Study, adopt a Mitigated Negative Declaration, and adopt the City of Temple City 2008- 2014 Housing Element as an amendment of the City's General Plan (General Plan Amendment 13-01). Minutes of the Planning Commission's meeting of April 9, 2013 is provided in Attachment "G". City Council May 7, 2013 Page 3 ANALYSIS: Per state law, cities are required to update their housing elements periodically (i.e., every four to eight years) and the state's Department of Housing and Community Development (HCD) is required to review draft housing elements and report to the City preparing the draft whether it meets a number of state statutes applicable to local housing element content. HCD will "certify" adopted local elements that do so. 1. Overview of Current Draft Housing Element The City's prior submittals of draft housing elements in 2001, 2008 and 2009 were rejected by the state HCD because they did not meet state statutory requirements to provide an inventory of housing sites that could accommodate the City's RHNA allocation. For the currently proposed draft housing element, staff employed a new methodology using geographic information system (GIS) technology to systematically identify a significant number of underutilized residential sites in the Downtown Specific Plan Area, R-3 and R-2 zones. The inventory of these underutilized sites, in conjunction with modifications of the development standards in the Downtown Specific Plan (DSP) and the R-3 zone to allow higher density at certain locations, documents the existence of unused development potential sufficient to meet the City's RHNA allocations for all income levels. Significantly, this carefully balanced strategy avoids the need to create a new zone for higher density development (e.g., R-4) and then go through the process of rezoning a sufficient number of properties in the community with this new zone to meet the RHNA allocation. 2. Updates to Draft Housing Element The draft housing element update is an extensive document with considerable information and analysis, as necessary in order to address all of the content requirements specified in state statutes. However, the core content of the document is contained in Section 2, pages 2-1 to 2-37, of the draft housing element (Attachment "B", Exhibit "1") which presents the City's housing program. Its narrative documents the extensive public participation that was involved in the process of formulating the draft element, and it discusses the City's proposed goals, objectives, and policies concerning housing in the community. It also conveys the actions and programs recommended to achieve such goals, objectives and policies. 3. Implementation of Conditionally HCD Approved Housing Element Adoption of the proposed housing element will commit the City to proceed with implementation of 18 programs that are designed to meet the City's housing - related goals in a manner consistent with state requirements for the housing element. A list and brief summary of each of the programs can be found on page 2-14 of the draft housing element Table 2-6 (Attachment "B", Exhibit 1 "). City Council May 7, 2013 Page 4 Implementation of the programs will require amendments to the City's zoning code regulations. Key amendments to the City's zoning code regulations include modifying parts of the DSP and R-3 zones. Program 1 modifies the DSP to allow multi -family residential development at a density up to 30 dwelling units per acre; and Program 2 modifies the R-3 (high-density multifamily residential) zone to allow multi -family residential development at a density up to 30 dwelling units per acre on sites not abutting R-1 (single-family residential) zoned properties. Both programs allow for multi -family residential development without a conditional use permit, although both programs are still subject to development standards and design guidelines in the zoning code. These code amendments are necessary in order to provide an inventory of available sites with capacity to accommodate the community's share of regional housing need. Other code amendments necessary to implement the housing element's programs that would be coming to the Planning Commission and City Council for consideration in the near future are outlined in the attached staff report to the Planning Commission (Attachment "H"). 4. Environmental Review Staff has prepared an Initial Study using the California Environmental Quality Act (CEQA) Checklist from the state guidelines on CEQA compliance, and this environmental assessment of the draft housing element is attached (Attachment "A"). It indicates that adoption of the draft housing element and implementation of its policies and programs will not have a significant impact on the environment or cause substantial adverse effects on human beings, subject to implementation of one mitigation measure. This measure specifies that that the code amendments to implement the programs of the housing element would include a provision that new residential development in the vicinity of an arterial street shall provide enhanced filtration in the building's heating, ventilation and air cooling ("HVAC") system, among other possible on-site mitigation measures, although this measure is subject to further review in conjunction with consideration of the implementing code amendments (See Mitigation Measure AQ -1, as discussed in Initial Study Section E, Air Quality). This mitigation measure is intended to mitigate any potentially significant impact of exposing "sensitive receptors' (residential developments housing children, the elderly and the infirm) to increased levels of air pollution in the vicinity of heavily travelled roadways, per analysis by the South Coast Air Quality Management District in the Final 2012 Air Quality Management Plan, and as exemplified by use of this mitigation measure by SCAG in the environmental review of the 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy. The public comment period on the Draft Initial Study and Proposed Mitigated Negative Declaration runs through April 29, 2013, which is subsequent to the submittal date of this staff report. However, prior to the May 7, 2013 City Council hearing on this matter, staff will provide supplemental information to the City City Council May 7, 2013 Page 5 Council concerning any comments received and staff's responses to them. It is staff's recommendation that City Council consider the Initial Study, along with any comments from the public, and the Planning Commission's comments and recommendation. If warranted, the City Council would adopt a Mitigated Negative Declaration indicating that it is the City's assessment that adoption of the draft housing element and implementation of its policies and programs will not have any significant adverse effect on the environment, subject to implementation of the mitigation measure specified in the Initial Study. If the City Council does not adopt the resolution approving the draft Housing Element prior to the end of the 2006-2013 planning cycle (i.e., October 2013), adoption of a housing element update at a later date would become significantly more complicated as the housing element would have to accommodate the combined RHNA allocations of both the current 2006-2014 RHNA and the 2013-2021 RHNA. Un -accommodated need from prior cycles must be carried over into the analysis of subsequent cycles. State certification of Temple City's housing element update and implementation of its programs will not only demonstrate that the City is operating on a firm legal basis in compliance with state law, but will also greatly facilitate the next required periodic update of the element, and keep the City eligible and competitive for state planning grants. CONCLUSION: Adoption of the proposed housing element update will establish policies and programs to meet the housing needs of all segments of the community and to accommodate the City's share of regional housing need in a manner consistent with state statutes. Moreover, adoption of the housing element update would entail a significant step toward an update of the Temple City General Plan as a whole, which is a priority project scheduled to begin in the next fiscal year. FISCAL IMPACT: Adoption of the City of Temple City 2008-2014 Housing Element will not by itself entail any budget impact, although as noted above, having an adopted housing element will keep the City eligible and competitive for state planning grants. In the longer run, implementation of the housing element update will remove impediments to new housing development and thereby may stimulate economic activity in the community and increase property tax revenue to the City. City Council May 7, 2013 Page 6 ATTACHMENTS: A. Draft Initial Study and Proposed Mitigated Negative Declaration B. Draft Resolution No. 13-4908 Adopting the Housing Element C. December 16, 2009 HCD Letter D. September 21, 2012 Cover memorandum to Council and Planning Commission E. December 4, 2012 HCD Letter F. March 26, 2013 Cover memorandum to City Council G. Planning Commission Meeting Minutes of April 9, 2013 H. Planning Commission Staff Report of April 9, 2013 and attachments thereto