Shall the measure, an Ordinance No. 2022-001, entitled "An Ordinance of the People of the City of Chino, California, to Approve the Housing Element Update to Include the Application of the Two Identified Overlap Strategies Encompassing Affordable Housing and Mixed-Uses the City Will Use to Meet its State-mandated Regional Housing Needs Assessment (RHNA) allocation" be adopted?
Resolution can be found at https://www.sbcountyelections.com/Portals/9/Elections/2022/0607/Measures/CityOfChino/Resolution_Chino.pdf
Maps can be found here https://www.sbcountyelections.com/Portals/9/Elections/2022/0607/Measures/CityOfChino/Maps_Chino.pdf?ver=2022-04-05-094100-083
Can be found at https://www.sbcountyelections.com/Portals/9/Elections/2022/0607/Measures/CityOfChino/Impartial_Chino.pdf?ver=2022-03-08-153311-627
Argument In Favor Of Measure _
State law requires the City of Chino to update its Housing Element for the period 2021-2029. The Statemandated Regional Housing Needs Assessment (''RHNA") requires the City to identify land toaccommodate the possible development of 6959 housing units. The number of housing units is set by theState without input from local representatives. As a result, the City's proposed Housing Element updateincludes an option to develop a variety of housing, including market-rate, affordable, and mixed-useunits.
Meeting the State mandates under RHNA iscritical because, if the City is non-compliant, it faces potential penalties, including: losing the ability to issue building permits for those wishing to upgrade their properties; losing theability to reject inappropriate housing developments; risking court orders suspending the City's authority to issue zoning approvals; risking legal challenges by the California Attorney General and others, with potentially significant financial penalties; and losing opportunities for grant funding (including park grants). The State could also override the City's zoning powers and dictate where housing can be built.
Measure M was adopted by City of Chino voters in 1988. It ensures that current zoning densities cannot
be increased or changed unless approved by a majority of the voters.
The proposed new Measure will allow the City to remain compliant with theState's housing mandates
and would not subject the City to any potential penalties for failing to comply.Vote YES on Measure ---
Mayor Eunice M. Ulloa MayorPro Tem Marc Lucio
Council Member Karen C. Comstock CouncilMember Christopher Flores Council MemberWalt Pocock
FILED
fEB 2. 4 2022
5 _ oEPUT'i
BY REG\SlAAR OF volER6
FILED THIS DATE IN'l"rit OFFICE Of THE CITY a.ERK Of THE aTY OF CHINO
FEB 15 2021
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ARGUMENTS
FORM OF STATEMENT TO BE FILED BYAUTHORS OF ARGUMENTS
All arguments concerning measures filed pursuant to Division 9, Chapter 3 {beginning with § 9200) of the ElectionsCode shall be accompanied by the following form statement to be signed by each proponent, and by each author, ifdifferent, of the argument:
The undersigned proponent(s) or author(s) of the primary argument in favor of ballot proposition (name or number) atthe special election for the City of Chino to be held on June 7, 2022, hereby state that the argument is true and correct tothe best of (his/her/their) knowledge and belief.
Print Name: Eunice M. UUoa
TIiie City ofChino Mayor
(If applicable):Submitted on behalf of:
name of o anization
Print Name: M=a rLcu=c=io -----------------------------------------
Title: City of Chino Mayor Pro Tem
(If applicable):Submitted on behalf of :
(name of or anization Print Name: Karen C. Comstock
Title: City of Chino Council Member (If applicable):Submitted on behalf of:
name of o anization Print Name: Christopher Flores
Title: City of Chino Council Member
(If applicabte):Submitted on behalf of :
name of o anization Print Name: Walt Pocock
Title: City of Chino Council Member
(If applicable):Submitted on behalf of:
name of or anization
Date
Signatu
Date cl· /S-: t::i' .)---
--------------
Signatur
Date ')..· L<·" "l..41) -,_,n,.,_
Signatur
Date 1--1V 2-'1./
§ 9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments
None filed.
PAGE 7 OF 8
Exhibit "A" ORDINANCE NO.2022-001
AN ORDINANCE OF THE PEOPLE OF THE CITY OF CHINO, CALIFORNIA, TO APPROVETHE HOUSING ELEMENT UPDATE TO INCLUDE THE APPLICATION OF THE TWOIDENTIFIED OVERLAY STRATEGIES ENCOMPASSING AFFORDABLE HOUSING AND MIXED-USES THE CITY WILL USE TO MEET ITS STATE-MANDATED REGIONAL HOUSINGNEEDS ASSESSMENT (RHNA) ALLOCATION
WHEREAS, on November 8, 1988, the people of the City of Chino adopted Measure M to amend the General Plan, and it is now codified as Sections 20.15.010 and 20.15.020 of the Chino Municipal Code; and
WHEREAS, the adoption of Measure M limits the proliferation of residential developments by prohibitingthe City Council of the City of Chino from rezoning non-residential land for residential uses without voterapproval; and
WHEREAS, although Measure M does not apply to adoption of the Housing Element Update itself as that does not require a rezoning action, Measure M does apply to Programs 38 and 3C of the Housing Element Update, which are the application of an affordable and mixed-use overlay (AFF-OV and MU-OV) to meet theCity's allocated RHNA (Overlays);
WHEREAS, while the Overlays do not change the underlying zoning, they do add the ability for residential uses on parcels, which do not currently have that ability or do not currently permit residential at up to 30 dwelling units per acre, and as such, compliance with Measure M is a required implementing action of thehousing element to be completed within the required timeframes; and
WHEREAS, the City has adopted a Negative Declaration (SCH# 2021100569) analyzing the proposed 2021-2029 Housing Element Update, including the Overlays, and found that such action will not have significantenvironmental impacts.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CHINO DO HEREBY ORDAIN AS FOLLOWS:Section 1. The provisions of the California Environmental Quality Act ("CEQA") have been complied with, and, pursuant to its Resolution No. 2022-003, the City Council has adopted a Negative Declaration (SCH# 2021100569) analyzing the proposed 2021-2029 Housing Element Update, including the Overlays and foundthat such approvals would have no significant environmental impact, which is incorporated herein by thisreference.
Section 2. Section 20.15.170 entitled "Voter Authorization to Redesignate Specified Land" is herebyadded to Chapter 20.15 of the Chino Municipal Code, to read, in its entirety, as follows:
. ' .
RESOLUTION NO. 2022-006
PAGE 8OF 8
(A) Notwithstanding the prohibition against exceeding density for land established by the zoning map and the zoning ordinance of the city or any development agreement in effect on November 8, 1988 or prohibition against converting land for residential uses contained in Section 20.15.020(8), adopted by Measure M, Programs 38 and 3C of the 2021-2029 Housing Element Update and corresponding Land Use Element authorizing the application of the two identified overlay strategies encompassing affordable housing and mixed-uses to meet its Regional Housing NeedsAssessment (RHNA) allocation are hereby authorized.
(8) Subject to the conditions and requirements below, the General Plan land use designations for the parcels of land described in Subsection (C) shall are hereby subject to the Affordable Housing Overlay and Mixed-Use Overlay as described 2021-2029 Housing Element Update.
(C) The land which is the subject matter of this ordinance subject to the overlay strategies consists of both improved and vacant, situated in the City of Chino, County of San Bernardino, State of California and more specifically described in the Sites Inventory Map on file with the City of Chino Development Services Department.
Section 3. If a majority of the voters of the City of Chino voting at the Special Municipal Election on Tuesday, June 7, 2022, vote in favor of this Ordinance, then this Ordinance shall become a valid and binding ordinance of the City of Chino, and shall be considered as adopted upon the date that the vote is declared by the City Council of the City of Chino, and this Ordinance shall go into effect ten (10) days after that date, pursuant to Elections Code Section 9217.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Chino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.
Section 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the approval thereofand cause same to be published or posted pursuant to law.
APPROVED BY THE VOTERS OF THE CITY OF CHINO AT THE ELECTION HELD ON JUNE 7, 2022.
By: _ _ _ _ _ _ _ _ _
EUNICE ULLOA, MAYOR
ATTEST:
By: ANGELAROBLES, CITY CLERK
