Item 3.2 Additional Material posted 12-16-19City of Poway
MEMORANDUM
ADDITIONAL MATERIAL
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the
Agenda Packet for the December 17, 2019 Council Meeting)
DATE: December 17, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Faviola Medina, City Clerk
CONTACT: (858) 668-4535 or fmedinapoway.orq
SUBJECT: Item 3.2 — Tentative Parcel Map 19-001; A Request for Approval of a Two -
Lot Subdivision Located at 13424 Olive Tree Lane in the Residential Single
Family — 7 (RS -7) Zone
Attached please find correspondence received on Monday, December 16, 2019, after the agenda
distribution deadline.
Reviewed/Approved By:
Kaserman
Reviewed By: Approved By:
Alan Fenstermacher
Assistant City Manager City Attorney
1 of 5
Ch tine
City Manager
December 17, 2019, Item #3.2
From: Faviola Medina
To: Ana Alarcon
Subject: Fwd: 13424 Olive Tree Lane TPM 19-001
Date: Monday, December 16, 2019 1:20:22 PM
Attachments: 13424 Olive Tree Lane TPM 19-001.W
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From: Ben Libbey <ben@yesinmybackyard.org>
Sent: Monday, December 16, 2019 1:17:57 PM
Cc: Steve Vaus <SVaus@poway.org>; Dave Grosch <DGrosch@poway.org>; Caylin Frank
<CFrank@poway.org>; Barry Leonard <BLeonard@poway.org>; John Mullin <JMullin@poway.org>;
Faviola Medina <FMedina@poway.org>
Subject: 13424 Olive Tree Lane TPM 19-001
12/16/2019
Poway City Council
Poway City Hall
13325 Civic Center Drive
Poway, CA 92064
Steve Vaus, Mayor, 5vaus@poway.org; Dave Grosch, Deputy Mayor, dgrosch@pow4v.org; Caylin Frank,
Councilmember, cfrank@poway.org; Barry Leonard, Councilmember, bleonard@poway.org; John Mullin,
Councilmember, jmullin@poway.org; Fabiola Medina, City Clerk, finedina@poway.org;
Via Email
Re: 13424 Olive Tree Lane
TPM 19-001
Dear Poway City Council,
Yes In My Back Yard submits this letter to inform you that the Poway City Council has an obligation to abide by all
relevant state housing laws when evaluating the above captioned proposal, including the Housing Accountability
Act (HAA).
California Government Code § 65589.5, the Housing Accountability Act, prohibits localities from denying housing
development projects that are compliant with the locality's zoning ordinance or general plan at the time the
application was deemed complete, unless the locality can make findings that the proposed housing development
would be a threat to public health and safety. The most relevant section is copied below:
(j) When a proposed housing development project complies with applicable, objective general plan and zoning
standards and criteria, including design review standards, in effect at the time that the housing development project's
application is determined to be complete, but the local agency proposes to disapprove the project or to approve it upon
the condition that the project be developed at a lower density, the local agency shall base its decision regarding the
proposed housing development project upon written findings supported by substantial evidence on the record that both
of the following conditions exist:
(1) The housing development project would have a specific, adverse impact upon the public health or safety
unless the project is disapproved or approved upon the condition that the project be developed at a lower
density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and
2 of 5 December 17, 2019, Item #3.2
unavoidable impact, based on objective, identified written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.
(2) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to
paragraph (1), other than the disapproval of the housing development project or the approval of the project
upon the condition that it be developed at a lower density.
(4) For purposes of this section, a proposed housing development project is not inconsistent with the applicable
zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent
with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the
general plan. If the local agency has complied with paragraph (2), the local agency may require the proposed
housing development project to comply with the objective standards and criteria of the zoning which is
consistent with the general plan, however, the standards and criteria shall be applied to facilitate and
accommodate development at the density allowed on the site by the general plan and proposed by the proposed
housing development project.
The applicant proposes to subdivide a 0.4 -acre parcel at 13424 Olive Tree Lane into two lots. An existing residence
will remain on one of the lots.
The above captioned proposal is zoning compliant and general plan compliant, therefore, your local agency must
approve the application, or else make findings to the effect that the proposed project would have an adverse impact
on public health and safety, as described above.
Yes In My Back Yard is a 501(c)3 non-profit corporation, whose mission is to increase the accessibility and
affordability of housing in California.
I am signing this letter both in my capacity as the Executive Director of Yes In My Back Yard, and as a resident of
California who is affected by the shortage of housing in our state.
Sincerely,
Sonja Trauss
Executive Director
Yes In My Back Yard
3 of 5 December 17, 2019, Item #3.2
Yes In My Back Yard
1260 Mission St
San Francisco, CA 94103
hello@yimbylaw.org
12/16/2019
Poway City Council
Poway City Hall
13325 Civic Center Drive
Poway, CA 92064
Steve Vaus, Mayor, svaus@poway.org; Dave Grosch, Deputy Mayor, dgrosch@poway.org;
Caylin Frank, Councilmember, cfrank@poway.org; Barry Leonard, Councilmember,
bleonard@poway.org; John Mullin, Councilmember, jmullin@poway.org; Fabiola Medina, City
Clerk, finedina@poway.org;
Via Email
Re: 13424 Olive Tree Lane
TPM 19-001
Dear Poway City Council,
Yes In My Back Yard submits this letter to inform you that the Poway City Council has an
obligation to abide by all relevant state housing laws when evaluating the above captioned
proposal, including the Housing Accountability Act (HAA).
California Government Code § 65589.5, the Housing Accountability Act, prohibits localities
from denying housing development projects that are compliant with the locality's zoning
ordinance or general plan at the time the application was deemed complete, unless the locality
can make findings that the proposed housing development would be a threat to public health
and safety. The most relevant section is copied below:
(j) When a proposed housing development project complies with applicable, objective general plan
and zoning standards and criteria, including design review standards, in effect at the time that the
housing development project's application is determined to be complete, but the local agency
proposes to disapprove the project or to approve it upon the condition that the project be developed
at a lower density, the local agency shall base its decision regarding the proposed housing
development project upon written findings supported by substantial evidence on the record that
both of the following conditions exist:
(1) The housing development project would have a specific, adverse impact upon the public
health or safety unless the project is disapproved or approved upon the condition that the
project be developed at a lower density. As used in this paragraph, a "specific, adverse
impact" means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as they
existed on the date the application was deemed complete.
(2) There is no feasible method to satisfactorily mitigate or avoid the adverse impact
identified pursuant to paragraph (1), other than the disapproval of the housing development
project or the approval of the project upon the condition that it be developed at a lower
density.
4 of 5 December 17, 2019, Item #3.2
(4) For purposes of this section, a proposed housing development project is not inconsistent
with the applicable zoning standards and criteria, and shall not require a rezoning, if the
housing development project is consistent with the objective general plan standards and
criteria but the zoning for the project site is inconsistent with the general plan. If the local
agency has complied with paragraph (2), the local agency may require the proposed housing
development project to comply with the objective standards and criteria of the zoning which
is consistent with the general plan, however, the standards and criteria shall be applied to
facilitate and accommodate development at the density allowed on the site by the general
plan and proposed by the proposed housing development project.
The applicant proposes to subdivide a 0.4 -acre parcel at 13424 Olive Tree Lane into two lots. An
existing residence will remain on one of the lots.
The above captioned proposal is zoning compliant and general plan compliant, therefore, your
local agency must approve the application, or else make findings to the effect that the
proposed project would have an adverse impact on public health and safety, as described
above.
Yes In My Back Yard is a 501(c)3 non-profit corporation, whose mission is to increase the
accessibility and affordability of housing in California.
I am signing this letter both in my capacity as the Executive Director of Yes In My Back Yard,
and as a resident of California who is affected by the shortage of housing in our state.
Sincerely,
Sonja Trauss
Executive Director
Yes In My Back Yard
YIMBY Law, 1260 Mission St, San Francisco, CA 94103
5 of 5 December 17, 2019, Item #3.2