TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Silva Darbinian, Deputy County Counsel IV
SUBJECT: Sixth Cycle Housing Element Update Rezonings and Modifications to Title 18 of the Napa County Code
RECOMMENDATION
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Adopt an Ordinance Implementing Sixth Cycle Housing Element Update Rezonings and Modifications to Title 18 of the Napa County Code. (No Fiscal Impact)
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BACKGROUND
The Napa County Board of Supervisors adopted a comprehensive update to the County’s Housing Element for the State’s Sixth Cycle Planning Period on January 24, 2023. The Housing Element was subject to formal State review by California State Department of Housing and Community Development (HCD). HCD conducted its review and concluded that additional revisions that would be needed for HCD to certify the Housing Element. Further revisions to the Housing Element were made and adopted by the Board of Supervisors on December 19, 2023. HCD reviewed the revised Housing Element and, on February 22, 2024, determined that, while the revised Housing Element met statutory requirements of State Housing Laws, the County would not receive an official compliance finding until necessary rezonings were completed. Under State Housing Law, if a jurisdiction does not adopt a housing element update by the January 31, 2023, statutory deadline, or if HCD does not find the jurisdiction’s Housing Element to be in substantial compliance within 120 days of adoption, that jurisdiction must complete necessary rezonings within one year of the Housing Element due date. Since the County’s Housing Element was not found to be in compliance until February 22, 2024, the Housing Element cannot be found to be in compliance until the County adopts an ordinance implementing the rezonings and related zoning amendments that were identified in the County’s Housing Element.
The proposed Ordinance is intended to implement the rezonings identified in the Housing Element and programs H-2g and H-4d.
The proposed Ordinance was presented to the Planning Commission on May 1, 2024. After a noticed public hearing, the Planning Commission recommended that the Board of Supervisors adopt the proposed Ordinance. At its May 21, 2024 meeting, the Board of Supervisors conducted a duly noticed public hearing unanimously passed a motion of intent to adopt the proposed Ordinance with a text amendment to 18.60.120 per a change memo staff presented to the Board on May 21 requesting the addition of a mitigation measure that was inadvertently left out of the ordinance. This consent calendar item requests that the Board take final action adopting the Ordinance.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: On January 24, 2023, the Napa County Board of Supervisors adopted a resolution certifying an Environmental Impact Report (EIR) (State Clearinghouse # 2022010309) and adopting Findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program pursuant to CEQA for the Napa County General Plan Housing Element and Safety Element Updates (HEU & SEU). The project description provided in the certified EIR included rezoning of the two sites proposed to be rezoned as part of this action and other implementation measures. No supplemental or subsequent EIR is required, in that no changes are proposed to the contemplated rezoning and zoning amendments, and no new information or changes to circumstances have occurred which would involve new significant environmental effects or a substantial increase to the severity of previously identified effects.