HomeMy WebLinkAbout8655RESOLUTION NO. 8655
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
DETERMINING THE CRITERIA CONTAINED IN GOVERNMENT CODE
SECTION 65583.4(b) HAVE BEEN MET AND PROVIDING FORA ONE-YEAR
EXTENSION TO THE DEADLINE FOR COMPLETING REQUIRED 6", CYCLE
HOUSING ELEMENT REZONING ACTIONS.
WHEREAS, California Government Code Sections 65580-65589.9 require cities to prepare a
Housing Element as a component of each cty's General Plan and to revise it regularly on a schedule
set forth in the law; and,
WHEREAS, on February 1, 2022, the City Council adopted Resolution No. 8292 approving
the 2021-2029 Housing Element (also known as the 6t" Cycle 2021-2029 Housing Element), and the
California Department of Housing & Community Development subsequently requested further
revisions to the document; and,
WHEREAS, on October 4, 2022, the City Council adopted Resolution No. 8392 approving
the revised 2021-2029 Housing Element incorporating changes as directed by the Department of
Housing & Community Development; and,
WHEREAS, on October 7, 2022, the California Department of Housing & Community
Development approved and certified the City's adopted 2021-2029 Housing Element; and,
WHEREAS, the adopted 2021-2029 Housing Element is in full compliance with the
requirements of applicable State Housing Element Law (Article 10.6 of the Gov. Code); and,
WHEREAS, Government Code Section 65583(c)(1)(A) provided for up to three years from
the date of adoption (October 4, 2022) to complete any necessary rezoning actions to accommodate
the required number of dwelling units allocated by the Regional Housing Needs Assessment; and,
WHEREAS, Government Code Section 65583.4(a) supersedes Government Code Section
65583(c)(1)(A) and provides for three years and 120 days from the statutory deadline in Section
65588 for adoption of the housing element (which was October 15, 2021, for the Southern California
Association of Governments region) to complete any necessary rezoning actions to accommodate the
required muraber of dwelling units allocated by the Regional Housing Needs Assessment (RHNA)
thereby resulting in a deadline of February 12, 2025, to complete the rezoning actions; and,
WHEREAS, the City of Redlands is now in the process of preparing and circulating a
Subsequent Environmental Impact Report (Subsequent Draft EIR) to conduct the necessary
environmental review, in accordance with the California Environmental Quality Act (CEQA), for the
proposed rezoning of 23 parcels to accommodate number of dwelling units and density required by
the RHNA including for low- and very low-income households; and,
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WHEREAS, completion of the environmental review process for the Subsequent
Environmental Impact Report (Subsequent Draft EIR), including multiple public hearings for the
mandatory rezoning actions, will result in the City exceeding the deadline of February 12, 2025,
imposed by Government Code Section 65583.4(a); and,
WHEREAS, Government Code Section 65583.4(b)(1) provides for a one-year extension to
the deadline in Section 65583.4(a) for completing necessary Housing Element rezoning actions if the
following criteria are met:
a) Existing land with existing zoning and density designations are sufficient to accommodate at
least 75 percent of the units for low-income and very low-income households; and
b) Any of the following circumstances exist:
i. The local government has been unable to complete the rezoning because of the action or
inaction beyond the control of the local government of any other state, federal, or local
agency.
ii. The local government is unable to complete the rezoning because of infrastructure
deficiencies due to fiscal or regulatory constraints.
iii. The local government must undertake a major revision to its general plan in order to
accommodate the housing -related policies of a sustainable communities strategy or an
alternative planning strategy adopted pursuant to Section 65080.
WHEREAS, the City of Redlands has sufficient existing land (i.e., privately -owned parcels)
that currently have existing zoning designations and densities that can accommodate at least 75.0%
of the City's RHNA units for Low- and Very Low-income households, where a minimum of 1,187
units must be accommodated (967 Very Low + 615 Low = 1,582 total and 75% is equal to 1,186.5),
and the "Realistic Capacity (Current Zoning)" for all parcels not needing said rezoning can
accommodate a total of 1,195 lower -income units (or 75.5% of 1,582 units); and,
WHEREAS, under the maximum developable capacity for all the parcels not needing
rezoning (if all parcels were developed at the maximum allowable base density of 30 units per acre),
the City of Redlands has sufficient existing land that can accommodate a total of 1,827 lower -
income units (or more than 100% of the required number of 1,582 lower -income units); and,
WHEREAS, the City of Redlands has been unable to complete the rezoning prior to the
deadline because of the action or inaction beyond the control of the City of Redlands of a state,
federal, or local agency. The following facts and circumstances are related to the action or inaction
of other governmental agencies beyond the control of the City of Redlands:
a) In December 2022, the City inquired with the San Bernardino County Transportation
Authority (SBCTA) regarding the availability of REAP 2.0 grant funding, which is the only
method to receive REAP regional grant funds (through the regional councils of government)
from the State. SBCTA added the Redlands rezoning EIR to their list ofprojects contained in
SBCTA's grant application to SLAG.
b) SCAG in turn receives REAP 2.0 funds from the Department of Housing & Community
Development, either through SCAG or from HCD directly (subject to authorization by the
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State Legislature and approval by the Governor). SBCTA applied for REAP 2.0 funds
specifically to support housing program implementation efforts of the local governments
within SBCTA's jurisdiction, including the City of Redlands.
c) In January 2023, SBCTA's application for REAP 2.0 funds was placed on hold by SLAG,
due to SCAG not having a firm date on when REAP 2.0 funds would be available from the
State. SBCTA advised the City that there was no known timeline when the REAP 2.0
funding would become available.
d) SBCTA also prepared a separate grant application to apply directly to HCD asking for the
State -allocated REAP 2.0 funding.
e) SBCTA had earmarked anticipated REAP 2.0 funds for its local agencies, including the City
of Redlands, to accelerate implementation of local Housing Elements (including required
rezoning actions and related environmental review, among other housing -related programs).
f) In August 2023, SBCTA advised the City's Development Services Department staff that
SCAG would not have an agreement or MOU ready for SBCTA's execution until January
2024, as well as SCAG was now requiring SBCTA to re -procure housing consultants to
follow SCAG's additional procurement regulations (thereby causing further delay in
potential REAP 2.0 funding).
g) In 2023, after having been delayed more than six months due to uncertainties about receiving
REAP 2.0 funding, the City of Redlands chose to proceed with selecting a consultant and
preparing a self -funded Subsequent Environmental Impact Report so that required rezoning
actions and environmental review would be completed in a timely manner prior to the State's
deadline.
h) Provision of REAP 2.0 grant funds to regional and local agencies has been delayed for
almost two years (through 2023 and 2024) because of budget cuts and changes by the State,
as well as delays by SCAG in executing a REAP 2.0 grant agreement with SBCTA.
i) California's FY 2024-25 State budget was approved in June 2024 and restored much of the
original REAP 2.0 program funding, however, cut $30 million statewide (or a 6%reduction),
and funding remains unavailable to the City of Redlands at the present time.
j) Development Services Department staff has sent written correspondence to the Department
of Housing & Community Development inquiring about the possibility of an extension to the
deadline for RHNA rezoning actions (dependent on the completion of the Draft Subsequent
EIR in compliance with and required by the California Environmental Quality Act), and the
City has not yet received any response for more than one month.
WHEREAS, if REAP 2.0 grant funding had been made available and provided earlier as
expected (and relied upon by the City and SBCTA), the City of Redlands would have been able to
hire a consultant earlier in 2023 and begin the EIR work earlier, and therefore would have otherwise
been able to complete rezoning actions earlier prior to the new statutory deadline of February 12,
2025 (as modified by Senate Bill 197 of 2022); and,
WHEREAS, the Development Services Department has diligently caused to be prepared an
administrative draft of the Draft Subsequent EIR as of October 2024, expects to circulate the Draft
EIR document for public review and comment beginning in January 2025, and expects to hold public
hearings on the rezoning actions in the 1 st and 2°d quarters of 2025. All rezoning actions and related
environmental review are expected to be completed by mid-2025; and,
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WHEREAS, Government Code Section 65583.4(b) requires the legislative body to hold a
public hearing to determine if the applicable circumstances of Gov. Code Section 65583.4(b)(1)
exist; and,
WHEREAS, on January 21, 2025, the City Council held a public hearing as required by
Government Code Section 65583.4(b), and considered the staff report, oral report, the testimony and
any written evidence submitted by staff or the general public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS:
SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT. Adoption of this
resolution is exempt from environmental review in accordance with Sections 15061(b)(3) and
15378(b)(5) of the California Environmental Quality Act Guidelines. Pursuant to Section
15378(b)(5), this resolution is an organizational or administrative activity of the City that will not
result in direct or indirect physical changes in the environment, and therefore not a project.
Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), adoption of this resolution is
exempt from CEQA review because there is no possibility that the action may have a significant
effect on the environment.
SECTION 2. ELIGIBILITY FOR ONE-YEAR EXTENSION. The City Council hereby
determines that the applicable criteria contained in Government Code Section 65583.4(b)(1) are met,
for the facts and reasons listed in the above recitals, thereby entitling the City to receive the one-year
extension to the deadline for completing Housing Element rezoning actions. The new deadline shall
be February 12, 2026.
SECTION 3. WRITTEN REPORT. The City Council hereby directs staff to prepare and
submit a written report, this resolution, findings, and other required information to the California
Department of Housing & Community Development as required by Government Code Section
65583.4(b)(2).
SECTION 4. EFFECTIVE DATE. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED AND APPROVED this 21 st day of January, 2025.
,It,,, k -
Mario Saucedo, Mayor
ATTEST:
e e Donaldson, City Clerk
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I, Jeanne Donaldson., City Clerk of the City of Redlands, do hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof held on the 215t
day of January, 2025, by the following vote:
AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo
NOES:
ABSENT:
ABSTAIN:
e e Donaldson, City Clerk
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