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Home My WebLink AboutRES PC 2023 690 2023 0124RESOLUTION NO. PC-2023-690 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2023-01 ADOPTING THE 2021-2029 HOUSING ELEMENT AND MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, pursuant to California Government Code Section 65588, each local government is required to periodically review and update its Housing Element of its General Plan. The current housing element cycle covers the planning period of 2021- 2029; and WHEREAS, in accordance with state law, the Southern California Association of Governments ("SCAG") found that the City's share of the region's housing need for the 2021-2029 period was 1,289 units ("RHNA Allocation"); and WHEREAS, the City must identify sites that can accommodate its share of the RHNA Allocation in the 2021-2029 Housing Element; and WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583 (c)(5); and WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583 (c)); and WHEREAS, the City may amend its General Plan pursuant to Government Code Sections 65350 et seq. and Moorpark Municipal Code Section 17.44.050; and WHEREAS, the City has initiated General Plan Amendment No. 2023-01 to amend its General Plan to incorporate a Housing Element that would bring the City's Housing Element into compliance with the requirements of state housing element law for the 2021- 2029 planning period and would reflect its goals for satisfying the requirements of the RHNA Allocation; and WHEREAS, the proposed 2021-2029 Housing Element will replace the existing 2014-2021 Housing Element and serve as the City's guiding policy document for meeting the City's future housing needs at all economic levels; and ** WHEREAS, on September 2, 2021 and December 9, 2021, the General Plan Advisory Committee conducted public meetings, discussed provisions of the Housing Element and accepted comments from all interested members of the public regarding the Housing Element update; and Resolution No. PC-2022-690 Page 2 WHEREAS, staff published and circulated a draft of the 2021-2029 Housing Element for public review and comment between December 22, 2021 and January 22, 2022; and WHEREAS, on January 13, 2022, the Planning Commission conducted a public meeting, discussed provisions of the Housing Element and accepted comments from all interested members of the public regarding the Housing Element update; and WHEREAS, on January 19, 2022, the City Council conducted a public meeting, discussed provisions of the Housing Element, and accepted comments from all interested members of the public regarding the Housing Element update, and authorized staff to forward the Draft Housing Element to the State of California Department of Housing and Community Development ("HCD") for review; and WHEREAS, on February 8, 2022, the Draft 2021-2029 Housing Element was submitted to HCD for review pursuant to Government Code Section 65585(b); and WHEREAS, on May 9, 2022, HCD issued a letter reporting directing revisions to the Draft Housing Element pursuant to Government Code Section 65585(b); and WHEREAS, on July 5, 2022, staff submitted a revised draft to HCD for a second review pursuant to Government Code Section 65585(b); and WHEREAS, on September 2, 2022, HCD issued a letter recommending revisions to the Draft Housing Element pursuant to Government Code section 65585(b); and WHEREAS, on September 23, 2022, staff submitted an updated revised draft to HCD for a third review present to Government Code section 65585(b); and WHEREAS, on November 29, 2022, HCD issued a letter determining that the updated revised Draft Housing Element meets the statutory requirements and will comply with State Housing Element Law (Article 10.6 of the Gov. Code) when it is adopted, submitted to, and approved by HCD in accordance with Government Code Section 65585(9); and WHEREAS, at a duly noticed public hearing on January 24, 2023, the Planning Commission considered the adoption of General Plan Amendment No. 2023-01, an amendment to the General Plan to adopt the 2021-2029 Housing Element of the City of Moorpark and WHEREAS, the Community Development Director has reviewed General Plan Amendment No. 2023-01 and determined that it is exempt from environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act ("CEQA") because adoption of the Housing Element is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the Resolution No. PC-2022-690 Page 3 environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The 2021-2029 Housing Element makes minor changes to the current Housing Element, which constitutes a project under CEQA. None of these changes have the potential to adversely affect the physical environment, as they merely require adherence to requirements necessary to bring the Housing Element into conformance with state law. All other provisions of the 2021-2029 Housing Element would not result in changes to the physical environment, but rather reflect provisions contained within the current Housing Element. Therefore, adoption of the 2021-2029 Housing Element is exempt from environmental review under the "common sense" exemption stated in Section 15061 (b)(3) of the CEQA Guidelines. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission, based on its own independent analysis and judgment concurs with the Community Development Director's determination that General Plan Amendment No. 2023-01 is exempt from the requirements of CEQA pursuant to Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The 2021-2029 Housing Element makes minor changes to the current Housing Element, which constitutes a project under CEQA. None of these changes have the potential to adversely affect the physical environment, as they merely require adherence to requirements necessary to bring the Housing Element into conformance with state law. All other provisions of the 2021-2029 Housing Element would not result in changes to the physical environment, but rather reflect provisions contained within the current Housing Element. Therefore, adoption of the 2021-2029 Housing Element is exempt from environmental review under the "common sense" exemption stated in Section 15061 (b)(3) of the CEQA Guidelines. SECTION 2. The Planning Commission hereby recommends to the City Council the approval of General Plan Amendment No. 2023-01 to adopt the 2021-2029 Housing Element and send to HCD for certification (attached as Exhibit A and incorporated herein by reference) based upon the following findings: A. The 2021-2029 Housing Element establishes goals, policies and objectives/programs that address the provision of adequate, safe, and decent housing for all economic segments of the community. B. The 2021-2029 Housing Element is consistent with the goals and policies of the General Plan and all its elements, including General Plan Land Use Element Policy 3 to "provide a variety of housing types and opportunities for all economic segments of the community" and Policy 4 to "promote upgrading and maintenance of existing housing". Further, the 2021-2029 Housing Element Resolution No. PC-2022-690 Page4 ensures consistency between the City's General Plan and State law, which is necessary to achieve state law requirements for equal access to housing and for the provision of additional and required housing units for the region. C. The proposed 2021-2029 Housing Element would not be detrimental to the public convenience, health, interest, safety or welfare of the city, as the proposed 2021-2029 Housing Element analyzes city demographics, access to fair housing, constraints to the development of housing and opportunity sites for the development of housing at all income levels. D. The proposed 2021-2029 Housing Element is in response to extensive public outreach and analysis of housing trends and issues and thereby addresses the public's concerns and needs related to housing within the City. E. The proposed 2021-2029 Housing Element will facilitate the City's ability to attract new grant funds to improve transportation, infrastructure, open space and housing projects because various federal, state and regional funding programs consider housing element compliance as an eligibility or ranking criteria in the award of those grants. In addition, the adoption of the 2021-2029 reduces the risks to the community from lawsuits over the status and adequacy of the City's General Plan. F. As required by Government Code Section 65585 (e), the Planning Commission has considered the comments made by HCD in its comment letters, and concurs with staff that the draft Housing Element has been updated in response to the findings of HCD so that the Housing Element substantially complies with the requirements of State Housing Element Law as interpreted by HCD. SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, Brodsly, Di Cecco and Chair Landis NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 24th day of January 2023. Resolution No . PC-2022-690 Page 5 Community Development Director Attachments: Chair EXHIBIT A: 2021-2029 Housing Element of the Moorpark General Plan