Item 7 - EA 21-001, GPA21-001 and GPA 21-002; a staff-initiated request to adopt the Poway Housing ElementAugust 3, 2021, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway August 3, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /,,VI David De Vries, City Planner Db D 858-668-4604 or ddevries@poway.org CITY COUNCIL Environmental Assessment (EA) 21-001, General Plan Amendment (GPA) 21-001 and GPA 21-002; a staff-initiated request to adopt the City of Poway 2020-2029 Housing Element and Submittal of the Housing Element Update to the California Department of Housing and Community Development for 90-Day Review Each California municipality is required by Article 10.6 of the Government Code (Sections 65580-65589.8) to adopt a housing element as a part of its general plan. Unique from other General Plan elements, the housing element is subject to detailed statutory requirements and mandatory review by the California Department of Housing and Community Development (HCD). Changes to State law for the new housing element cycle require cities to adopt and submit an updated housing element to HCD by August 13, 2021 (120 days from the April 15th due date) to avoid penalty. The City of Poway 2020-2029 Housing Element (Housing Element Update) addresses statutory requirements and public feedback and includes several modifications to address statutory requirements since the City Council last reviewed the Housing Element Update on May 4, 2021. The City received comments from HCD on July 9, 2021. These comments are not addressed in the Housing Element Update, but staff is coordinating with HCD to address them. The City will avoid penalty if the Housing Element Update is adopted on August 3, 2021 regardless of comments by HCD being addressed. Recommended Action: It is recommended that the City Council take public input, close the public hearing, certify the Negative Declaration (Attachment A), approve both General Plan Amendment (GPA) 21-001 adopting the Housing Element Update and GPA 21-002 related text amendments to the Community Development (Land Use) Element (Attachment B), and authorize the Housing Element Update (Attachment C) to be submitted to HCD for 90-day review with any requested modifications by HCD corrected administratively by staff. Discussion: Background State law requires local governments to meet housing goals by requiring all municipalities to prepare, implement, and update the housing element of its general plan. The Housing Element Update for the 1 of 62
August 3, 2021, Item #7City of Poway covers June 30, 2020 to April 15, 2029. The previous Poway Housing Element (2010-2020) was adopted in 2013. The Housing Element Update is similar to the 2010-2020 Housing Element, except that updates were made in accordance with revisions to State housing element guidelines and statutes and to address public feedback. The updates resulted in a new Residential Sites Inventory that identifies many new affordable housing sites. The Public Safety Element is also in the process of being updated to meet the requirements of SB1035 which includes requirements to reduce wildfire risk. The Draft Public Safety Element is anticipated to be released for review later this year. Preparation of the Housing Element Update included two community workshops, a City Council workshop, a community survey, a 60-day public review, a 30-day Negative Declaration environmental review, and continuous coordination with HCD. The City notified various housing, community, and special interest groups, including groups serving affordable housing and special needs populations about the Housing Element Update public outreach opportunities. Full responses provided via the survey and summaries of the workshops are posted on the Housing and Public Safety Element Update webpage (www.poway.org/hpse) and are in Chapter 1 of the Housing Element Update. Public comments and feedback from HCD were considered in the Housing Element Update. On May 4, 2021, the City Council held a public workshop where staff provided an overview of the draft Housing Element Update and the public feedback and HCD corrections received up to that point. Requested edits from the City Council public workshop included resolving edits requested by HCD and adding funding sources to the programs as recommended by the San Diego Housing Federation. The City Council authorized submittal of the draft Housing Element Update to HCD for a 60-day review that is required prior to adoption. On May 10, 2021, staff submitted the draft Housing Element Update to HCD for a 60-day review which concluded on July 9, 2021. City staff coordinated with HCD staff on several revisions during a presubmittal review and during the 60-day review period; the resulting document is the Housing Element Update. Feedback on the draft document was positive. HCD, however, requested additional information and revisions to the document to address State law. Revisions, as of June 25, 2021, included: • Chapter 1, expanded and updated public participation information; • Chapter 2, expanded information related to: affirmatively furthering fair housing, demographic data, housing in need of rehabilitation, and special needs households; • Chapter 3, expanded information related to: compliance with transparency laws, housing development projects seeking vesting rights pursuant to SB 330 (the Housing Crisis Act of 2019), development standards in the Poway Road Specific Plan area and water and wastewater capacity to accommodate the RHNA projections. Provided clarifications on exactions (e.g., requiring street improvements), fees, construction in Very High Fire Hazard Severity Zones (VHFHSZ), reasonable accommodations, market constraints, and code compliance procedures; • Chapter 4, provided information on Regional Housing Needs Assessment (RHNA) credits, development trends, site availability, capacity assumptions, opportunities for lot consolidation, site analysis effects on furthering fair housing, and financial sources for the development of housing; • Chapter 5, provided clarifications on programs for residents with special needs; • Chapter 6, provided information and objectives related to: housing for special needs groups, financial sources for the development of housing, construction monitoring for accessory dwelling units (ADUs), parking constraints, and housing preservation. Provided clarifications 2 of62
August 3, 2021, Item #7on contributing factors to affirmatively furthering fair housing. Added objective standards and procedures for allowing large residential care facilities and group homes for seven or more persons in all residential zones and allowing employee housing for six or fewer persons subject to regulations that apply to other residential dwellings of the same type in the same zone. On July 9, 2021, the City received a letter from HCD which included corrections to address all statutory requirements (Attachment D). These corrections are generally new comments provided on the draft Housing Element Update. Staff will submit revisions to address comments in the July 9, 2021 letter from HCD after City Council adoption. Recommended changes will be incorporated into the Housing Element Update prior to formal submission to HCD for a 90-day review. The City Council will be updated on the changes after HCD certification. Findings State law requires local governments to adequately plan for the housing needs of all economic segments (very low, low, moderate, and above moderate-income households) of the municipality. The law states that all jurisdictions must adopt land use plans and regulatory systems which provide opportunities for, and do not constrain, housing development. Government Code Section 65583 states that each jurisdiction in the State is required to update its housing element to accommodate its fair share of regional housing needs. A major component of the housing element is the RHNA. The RHNA prepared and allocated by the San Diego Association of Governments (SAN DAG) and accepted by HCD, is the total number of housing units needed to meet the regional demand. Each jurisdiction is required to accommodate its fair share of units. To accommodate means that zoning is in place and sites are identified where the units could be located. It does not require that the units be produced. The housing unit share is identified by income categories -very low (including extremely low), low, moderate, and above moderate. The current RHNA is an eight-year cycle Uune 30, 2020 -April 15, 2029). Poway's housing element cycle is aligned with other jurisdictions in the San Diego region as all are required to update their housing elements at the same time. Poway's fair share of the RHNA is 1,319 units. While Poway received a slight increase (up from 1,253 units) from the previous fifth housing element cycle, many jurisdictions received significant increases (often two or three times higher than the fifth housing element cycle). The table below details the housing unit distribution for Poway and the San Diego region in all four income categories as required by State law for the 2020-2029 housing cycle. 3 of62 Regional Housing Needs Assessment (RHNA) 6/30/20 to 04/15/29 Poway Total Housing Units 1,319 Very Low3 468 Low 268 Moderate 241 Above Moderate 342 1 SAN DAG Final RHNA for the City of Poway 2HCD RHNA Determination for the San Diego region 350% to be Extremely Low Income Percent of Total1 Region 100% 171,685 35.5% 42,332 20.3% 26,627 18.3% 29,734 25.9% 72,992 Percent of Tota12 100% 24.7% 15.5% 17.3% 42.5%
August 3, 2021, Item #7The housing element is designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent and affordable housing within the community. The housing element presents a plan to achieve the City's housing goal while meeting the requirements of the State of California (Article 10.6 of the Government Code) and includes: • Analysis of the previous housing element (2010-2020) and current housing factors (physical, fiscal, regulatory); • Identification of constraints to achieving the housing goal including constraints to furthering fair housing; and • Proposed modifications and refinements to the objectives, policies and programs identified in the 2010-2020 Housing Element. Based on past success of affordable housing developments in the City, many of the goals and strategies identified in the 2010-2020 Housing Element will continue to be included in the Housing Element Update. The Housing Element Update programs in Chapter 6 address existing and new legislation pertaining to housing for special needs (emergency homeless shelters, transitional housing, supportive housing, low barrier navigation centers, etc.), Density Bonus law, SB 35 Permit Streamlining processes, No Net Loss provisions, updating the Public Safety Element, monitoring housing production during the RHNA cycle, and furthering fair housing. Based on public comments discussed previously, HCD recommendations to address State mandates, and/or staff recommendations, some other notable policies and programs in the Housing Element Update include: • Encourage State and Federal agencies to reduce constraints to the provision of housing. • Encourage the State to allow cities to implement their RHNA and implement their visions for their communities without State intervention and provide sufficient funding for affordable housing. • Continue to encourage SANDAG and Caltrans to provide a multi-modal transit corridor along Scripps Poway Parkway and the SR-67 corridors to increase access to jobs and areas of opportunity. • Discourage short term rental of one or more rooms or whole homes on a daily or weekly basis to preserve permanent housing. • Encourage additional housing choices through the development of the Poway Road Specific Plan (PRSP). • Encourage diverse housing design with varying architectural styles, roof and siding materials, colors, and architectural projections while maintaining compatibility and unifying elements with the architecture in the surrounding area. • Encourage building heights scaled to surrounding structures, increased landscape and trees, and private and common active and passive open space in housing projects. • Encourage connections (connectivity) between housing and essential services, parks, trails and related amenities promoting outdoor walking and biking opportunities. • Encourage traffic safety and reduced congestion with appropriate analysis as a part of new housing projects. • Encourage the development of multigenerational housing through ADUs and junior ADUs. • Encourage safety within housing developments through Crime Prevention Through Environmental Design (CPTED), including increased pedestrian scale lighting. • Require new housing units in VHFHSZs to provide adequate fire access and suppression. • Ensure housing construction includes sufficient access including adequate street widths and load capacity along rural streets and curb, gutter, and sidewalk with street trees along nonrural streets. • Require trail easements and related trail improvements and connections for appropriate use 4 of 62
August 3, 2021, Item #7as a part of new housing unit construction to promote health and wellness and connectivity. • Create objective design standards for new housing projects as determined by the City Council. As with the 2010-2020 Housing Element, the elimination of the redevelopment agency has had a profound impact on the City's affordable housings efforts. Redevelopment funds were a major funding source for affordable housing developments in the City. Based on past success of affordable housing developments in the City, many of the goals and strategies identified in the 2010-2020 Housing Element will continue to be included in the Housing Element Update. A critical factor to the actual production of affordable housing units will continue to be the identification of funding for housing and related programs. The Housing Element Update consists of the following Chapters: • Chapter 1 -Introduction: Provides a brief overview of the purpose and background for the Housing Element Update. It also includes State requirements with recent legislative amendments, a list of HCD required components, and a summary of public outreach and participation. • Chapter 2 -Community Profile: A profile and analysis of the City's demographics, housing characteristics, existing and future housing needs, and a fair housing assessment per AB 686 that analyzes and addresses constraints to fair housing choice and includes impediments imposed by the State and federal governments. As required by HCD, the fair housing assessment includes an analysis of integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction including displacement risk. • Chapter 3 -Constraints: An analysis of constraints to housing production and retention, including various market, governmental, and environmental limitations to meeting Poway's identified housing needs. Provisions for housing for special needs and constraints related to ADUs and providing housing within the Poway Road Specific Plan and the Farm in Poway Specific Plan areas are included. Constraints related to VHFHSZs is included (e.g., 30-foot setbacks). A new section on wildfire risk constraints is included. • Chapter 4 -Housing Resources: An overview of resources available to accommodate and provide housing for all income levels, including land available for new construction and financial and administrative resources available for housing in Poway. This chapter includes the new Residential Sites Inventory (RSI) to accommodate the RHNA. The RSI includes prospective ADUs, sites owned by the City or Poway Housing Authority, and Poway Road Specific Plan sites to meet the needs of the RHNA at all income levels. Villa De Vida (54 units), Poway Commons (97 units), and Apollo Apartments (43 units) are in the "Under Construction" section of the RSI. The State allows Poway to meet its housing needs with sites that allow for up to 30 dwelling units per acre. No rezoning is proposed, and previous sites poised to be rezoned with the Affordable Housing Overlay Zone (AHOZ) were abandoned since the Poway Road Specific Plan sites provide sufficient density to meet State requirements. HCD provided the City credit in the RHNA for Fairfield (212 units), The Farm in Poway (160 units), and the Outpost (53 units). Other projects not in the RSI are accounted for in the Additional Above Moderate-Income Sites Inventory (Attachment A of the Housing Element Update). • Chapter 5 -Program Accomplishments: An assessment of past accomplishments and an evaluation of programs that should be continued, modified, or added in the new housing 5 of62
August 3, 2021, Item #7cycle. During the 2010 to 2020 RHNA planning cycle, 488 of the 1,253 housing units allocated in the RHNA were constructed. While housing needs at the very low and low-income affordability levels were met, 10 of the 100 extremely low-income affordable units allocated were met. • Chapter 6 -Housing Plan: Outlines the City's overall housing goals, objectives, policies, and programs over the housing cycle (2020-2029), and addresses the City's identified housing needs and requirements to comply with State law. The next step in the process is for the City Council to consider adopting the Housing Element Update and submitting it to HCD for a 90-day review. Staff will continue to coordinate with HCD to resolve any outstanding HCD requirements. If municipalities within San Diego County do not adopt an updated housing element by August 13, 2021, they will be required to revise their housing element every four years instead of eight years. Staff will incorporate any comments from HCD into a final Housing Element Update document for HCD's review and certification. After HCD certification, the Director of Development Services will administratively adopt the Housing Element Update and staff will post the final version on the designated Housing Element Update webpage (www.poway.org/hpse) with notification to the City Council and the Housing Element Update stakeholders. Community Development (Land Use) Element Text Amendment (GPA 21-002) Staff is also recommending a minor modification to the Community Development (Land Use) Element of the General Plan to be consistent with the Housing Element Update. A strikeout/underline of the proposed text amendment references the Housing Element Update and the RHNA for the sixth cycle in the General Plan amendment. Fiscal Impact: None. Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. The EIS determined that the project would not have a significant impact on the environment and, therefore, does not require any mitigation. A Negative Declaration (ND) has been prepared. The EIS and draft ND were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse #2021060520) for a required 30-day public review and comment period. The EIS and ND is included as exhibit A of the resolution provided as Attachment A to this report. A Notice of Availability of the EIS and ND for public review and comment was provided pursuant to the requirements of CEQA. As of the writing of this report, no comments have been received. Any comments that are received will be provided to City Council prior to the public hearing on this matter. Public Notification: A Notice of the 30-day Public Review Period for a Negative Declaration and Notice for Public Hearing was published in the Poway News Chieftain on Thursday, June 24, 2021. The notice was also posted on the City's website with notification e-mailed to all participants that attended the Community 6 of62
August 3, 2021, Item #7Workshops, related listserve registrants, and other interested parties. Attachments: A. Resolution certifying the ND B. Resolution approving GPA21-001 and GPA21-002 C. City of Poway 2020-2029 Housing Element (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151673&dbid=0&repo=CityofPoway D. HCD 60-day review Correction Letter, dated July 9, 2021 Reviewed/ Approved By: Wendy Kerman Assistant City Manager 7 of62 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chwz City Manager
August 3, 2021, Item #7RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT) FOR GENERAL PLAN AMENDMENT 21-001 AND 21-002 FOR THE ADOPTION OF CITY OF POWAY HOUSING ELEMENT UPDATE (2020-2029) WHEREAS, State Law requires that cities periodically update the Housing Element of the General Plan; WHEREAS, an Environmental Initial Study (EIS) was completed for the project, as required under the California Environmental Quality Act (CEQA). A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed Negative Declaration (ND) for public review and comment was provided pursuant to the requirements of CEQA; WHEREAS, the EIS and draft ND were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse # 2021060520) for a required 30-day public review and comment period; WHEREAS, Notice of Availability of the EIS and ND for public review and comment was provided pursuant to the requirements of CEQA. No comments were received during the 30-day public review and comment period; WHEREAS, on August 3, 2021, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: In accordance with the requirements of the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) and a Negative Declaration (ND) have been prepared for General Plan Amendment (GPA) 21-001, GPA21-002 and Environmental Assessment (EA) 21-001 for the Housing Element Update. It was determined that the project will not have any significant adverse impacts on the environment. Any anticipated impacts were determined to be below a level of significance and, therefore, do not require any mitigation. The EIS and draft Negative Declaration were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse #2021060520) for a required 30-day public review and comment period. The City Council has considered the EIS and ND, and public comments received on the EIS and ND. The subject EIS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby adopts the ND (Exhibit A). 8 of 62 ATTACHMENT A
August 3, 2021, Item #7Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of August, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 9 of 62
August 3, 2021, Item #7STEVE VAUS, Mayor BARRY LEONARD, Deputy Mayor DA VE GROSCH, Councilmember CA YLIN FRANK, Councilmember JOHN MULLIN, Councilmember CITY OF POWAY EXHIBIT A CITY OF POWAY NEGATIVE DECLARATION 1. Name and Address of Applicant: City of Poway, Development Services, 13325 Civic Center Drive, Poway, CA 92064. 2. Project Name and Brief Description of Project: Environmental Assessment (EA) 21-001; General Plan Amendment (GPA) 21-001 adopting the City of Poway 2020-2029 Housing Element of the General Plan and amending the text of the Community Development (Land Use) Element of the General Plan to reflect the updated Housing Element. 3. In accordance with Resolution 83-084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Negative Declaration. An Environmental Impact Report will not be required. 4. This Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study. 5. The decision of the City Council of the City of Poway is final. Contact Person: Scott Nespor Phone: (858) 668-4656 Attachments: 1. Environmental Initial Study City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074,0789 www.poway.org
August 3, 2021, Item #7A. INTRODUCTION ATTACHMENT 1 CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared Negative Declaration for the proposed project. B. PROJECT INFORMATION 1. Project Title: 2020-2029 City of Poway Housing Element of the General Plan; Environmental Assessment (EA) 21-001; General Plan Amendment (GPA) 21-001 2. Lead Agency Name and Address: ___ ____,;C;...;.it.c...Ly_o;...;.f....;..P.....;o;.._w_a....,,.y...,_, _D_e_v....;_el_o ..... p_m_e_n_t _S_e_rv_ic_e_s __ 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Scott Nespor, Associate Planner, 858-668-4656 4. Project Location: Citywide (Exhibit A -Attached) 5. Project Sponsor's Name and Address: ____ C_it....,_y_o_f_P_o_w_a ...... y ________ _ 13325 Civic Center Drive, Poway, CA 92064 6. General Plan Designation: Citywide -Not Applicable for adoption of a Housing Element Update 7. Zoning: Citywide -Not Applicable for adoption of Housing Element Update 8. Description of Project: This project is a General Plan Amendment to update and adopt the City of Poway 2020-2029 Housing Element for the Sixth Cycle planning period from June 30, 2020 to April 15, 2029 and amend the text of the Community Development (Land Use) Element of the General Plan to reflect the updated Housing Element. The Housing Element update, which is one of the seven City's General Plan elements, is a policy document designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community. California Government Code Section 65580 states the following regarding the importance of creating housing elements: a. The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. 11 of 62 1
August 3, 2021, Item #7EIS and Checklist b. The early attainment of housing goals requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. c. The provision of housing affordable to low-and moderate-income households requires the cooperation of all levels of government. d. Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. e. The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the State in addressing regional housing needs. f. Designating and maintaining a supply of land and adequate sites suitable, feasible, and available for the development of housing sufficient to meet the locality's housing need for all income levels is essential to achieving the State's housing goals and the purposes of this article. According to state law, the Housing Element has two main purposes: a. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and b. To provide a strategy that establishes housing goals, policies, and programs. The City's Housing Element serves as an integrated part of the General Plan, and is subject to detailed statutory requirements, including a requirement to be updated every eight years, and a mandatory review by the California Housing and Community Development (HCD). The proposed Housing Element update is an over eight-year plan for the 2020-2029 period. Pursuant to Government Code Section 65583, a housing element is required to consist of an identification and analysis of existing and projected housing needs and a statement of goals, polices, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. A housing element is required to contain the following: • An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs (Government Code Section 65583(a]); • A statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing (Government Code Section 65583[a]); and • A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation of the policies and achieve the goals and objectives of the housing element (Government Code Section 65583[c]). The updated housing element includes an over eight-year plan for the 2020-2029 housing cycle that includes all 19 jurisdictions in the San Diego region. The Housing Element update serves as an integrated part of the General Plan, but is updated more frequently, as required by state law, to ensure its relevancy and accuracy. The Housing Element identifies strategies and program that focus on: 12 of 62 2
August 3, 2021, Item #7EIS and Checklist • Matching housing supply with need; • Maximizing housing choices throughout the community • Assisting in the provision of affordable housing • Removing governmental and other constraints to housing investment; and • Promoting fair and equal housing opportunities. The City's Housing Element update contains the following components: • A profile and analysis of the City's demographics, housing characteristics, existing and future housing needs, and fair and equal housing opportunities and constraints (Chapter 2, Community Profile). • A review of the constraints to housing production and preservation. Constraints include potential market, governmental, policy, and environmental limitations to meeting the City's identified housing needs (Chapter 3, Constraints). • An assessment of resources available to meet the City's objectives regarding housing production and preservation and its ability to further fair housing. Resources include land available for new construction and redevelopment, an analysis of site constraints and the site's ability to further fair housing, as well as financial and administrative resources available (Chapter 4, Housing Resources). • A statement of the housing plan to address the City's identified housing needs, including housing goals, policies, and programs (Chapter 6, Housing Plan). Regional Housing Needs Allocation {RHNA) The Regional Housing Needs Allocation (RHNA) is mandated by State law as part of the periodic process of updating the local housing element of the General Plan. The RHNA process begins with the regional determination figure (the total number of housing units needed to meet housing needs in the SANDAG region) issued by HCD, followed by an allocation to each jurisdiction within the region (specific number of units allocated to each jurisdiction). For the 2020 to 2029 Housing Element, the regional determination was based solely on projected housing need during an over eight-year planning period. Recent changes to State law added a requirement that existing housing needs must be incorporated in the regional determination by housing need indicators such as vacancy rates, job/housing balance, cost burden, and overcrowding. SANDAG is mandated to allocate the regional housing need set by HCD to jurisdictions in the region. In allocating the region's future housing needs to jurisdictions, SANDAG is required to take the following factors into consideration pursuant to Section 65584 of the State Government Code: • Market demand for housing; • Employment opportunities; • Availability of suitable sites and public facilities; • Commuting patterns; • Types of tenure housing; • Loss of units in assisted housing developments; • Over-concentration of lower income households; and 13 of 62 3
August 3, 2021, Item #7EIS and Checklist • Geological and topographical constraints. The RHNA of the SANDAG region was adopted July 2020 covering the planning period from June 30, 2020 through April 15, 2029. The major goal of the RHNA is to assure a fair distribution of housing among cities and counties within the San Diego region, so that every community provides an opportunity for a mix of housing for all economic segments. The housing allocation targets are not building requirements, but goals for each community to accommodate through appropriate planning, policies, and land use regulation. Overall, the region needs to plan for an additional 171,685 units. Allocation targets are intended to assure that adequate sites and zoning are made available to address anticipated housing demand during the planning period. The City of Poway's share of regional housing needs per the RHNA is a total of 1,319 units for the 2020-2029 Housing Element. Of the 1,319 units allocated to the City, Poway must plan for units affordable to all income levels. The Residential Sites Inventory (Chapter 4, Figure 4-5) identifies vacant land within a variety of residentially-zoned areas including Rural Residential zones, Residential Single Family-4 (RS-4) and Residential Single Family-? (RS-7). There are several mixed-use properties on the list with land use designations that are Town Center (TC), Commercial Office (CO), Commercial Business (CB), and Commercial General (CG), several of which are within the Poway Road Specific Plan area. Residential Sites Inventory State law requires that jurisdictions demonstrate in the housing element that the land inventory is adequate to accommodate that jurisdiction's share of the region's projected growth. As part of this housing element update, the City identified residential sites that could accommodate Poway's future housing needs through an evaluation of vacant and underutilized residential and mixed-use properties with potential for residential development within the timeframe of the housing element. The Residential Sites Inventory (Table 4-5 and Appendix A-1) of the City of Poway 2020-2029 Housing Element provides a detailed survey of parcels that were appropriate for residential development. Housing Plan As required by state Housing Element law, the proposed Housing Element update includes a Housing Plan to facilitate and accommodate the provision of housing consistent with the RHNA. The plan would be to implement strategies and programs intended to address a number of important housing-related issues and achieve the City's overarching housing goal, which states: IT IS THE GOAL OF THE CITY OF POWAY TO PROVIDE ADEQUATE APPROPRIATE HOUSING OPPORTUNITIES TO MEET THE NEEDS OF CURRENT AND FUTURE RESIDENTS. The following is a summary of the key programs that will be included in the Housing Plan. Some of these are the continuation of the 2013 Housing Element as follows: Conservation of Existing Housing 14 of 62 Maintain Rehabilitation Loans for Low-and Moderate-Income Households, as funding becomes available Continue to enforce existing Condominium Conversions Regulations 4
August 3, 2021, Item #7EIS and Checklist Continue to maintain the Mobile Home Park Zone Continue to enforce Construction Codes Continue to maintain Neighborhoods Revitalization Continue to maintain and enhance Resident Services Continue to fund Nonprofit Housing Development Corporations, as funding becomes available Continue to monitor Affordable Housing Projects Develop and implement a Comprehensive Maintenance Agreement for Affordable Housing Developments Development of New Housing Develop new Rental Housing 15 of 62 Continue to develop new Affordable Housing on Parcels with the Affordable Housing Overlay Zone (AHOZ) Designation Implement Mixed-Use Development Standards Continue to collect In-Lieu fees and monitor the City's lnclusionary Housing Ordinance Continue allowing Poway Housing Authority to retain, promote, and provide affordable housing and maintain reporting Implement Zoning Amendments for Special Needs Housing (e.g., Low Barrier Navigation Centers, Transitional and Supportive Housing, Emergency Shelters, Residential Care Facilities, Agricultural Worker Housing, Employee Housing, Housing with Reasonable Accommodations, Single-Room Occupancy) Continue to provide for Special Needs Housing including determining the availability of funding for implementation of housing programs Continue the First Time Homebuyer Assistance Program to assist Program participants with loan servicing and resale processing, as funding is available Continue offering single-family rehabilitation loans with the Home Enhancement Loan Program, as funding is available Maintain Zoning Categories in the General Plan to encourage diversity of development to serve as many types of residents as possible while minimizing land-use related conflicts Evaluate Community Land Trusts to determine options for use of the community land trust model Continue to provide priority for the provision of services to Lower Income Households Continue to enforce City codes, General Plan Polices, and Zoning Regulations Continue to monitor Ordinances, User Charges, and Fees Update the Poway Municipal Code to comply with current Density Bonus law Conduct public outreach and education programs that engage the community to help create an understanding of and support for affordable housing, as funding is available Promote Transit-Oriented projects Encourage the provision of housing for Extremely-Low Income Households, as funding is available Monitor and evaluate No Net Loss requirement per state law Monitor and preserve potential At-Risk housing units to ensure adequate sites are available throughout planning period, as funding is available Monitor and evaluate the AHOZ Ordinance Development Standards Update the Public Safety Element and ensure consistency with the Adopted Housing Element Implement SB35 permit streamlining and adopt procedures for processing of new affordable housing projects 5
August 3, 2021, Item #7EIS and Checklist Amend the City's objective design standards in the General Plan and Municipal Code Adopt Development Standards for Parking, Open Space, and Recreational Areas in Floodways Review parking requires to ensure parking Is not a constraint on housing Affirmatively Fair Housing Practices Continue to provide information on Fair Housing in the Quarterly Newsletter Obtain and distribute flyers on Fair Housing from San Diego County Obtain and display posters on Fair Housing from the State Include Anti-Discrimination Clauses in Deed Restrictions for Affordable Housing Continue to assist in addressing Fair Housing questions Reduce impediments to Furthering Fair Housing by addressing the contributing factors to ensure, pursuant to AB 686, the City will affirmatively further fair housing by taking meaningful actions in addition to resisting discrimination, that overcomes patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected classes, as defined by state law Affirmatively Furthering Fair Housing (AB 686) Pursuant to Assembly Bill (AB) 686 (2018), the Housing Element must include an analysis and determination of consistency with Affirmatively Furthering Fair Housing (AFFH) requirements. AFFH means "taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. These actions must, when taken together, address significant disparities in housing needs and in access to opportunity, replace segregated living patterns with truly integrated and balanced living patterns, transform racially and ethnically concentrated areas of poverty into areas of opportunity, and foster and maintain compliance with civil rights and fair housing laws. To comply with these requirements, the implementation programs of the Housing Element must affirmatively further fair housing and must include an assessment of fair housing. Additionally, the list of opportunity sites suitable for housing development must be identified throughout the City in a manner that affirmatively furthers fair housing opportunities. For purposes of the housing element Residential Sites Inventory, this means that sites identified to accommodate the lower-income portion of the RHNA are not concentrated in low-resourced areas (lack of access to high performing schools, proximity to jobs, location disproportionately exposed to pollution or other health impacts) or areas of segregation and concentrations of poverty. Sites identified to accommodate the lower income RHNA must be distributed throughout the community in a manner that affirmatively furthers fair housing. To conduct this analysis, the City utilized the California Tax Credit Allocation Committee (TCAC)/California Department of Housing and Community Development (HCD) Opportunity which can be accessed at https://www.treasurer.ca.gov/ctcac/opportunity.asp. Analysis of the fair housing issues was also from the 2020 San Diego Regional Analysis of Impediments to Fair Housing Choice, in which the City of Poway participated. The 2020-2029 Housing Element complies with AB 686 requirements. Additional Requirements Related to the Opportunity Sites List (AB 1397 and SB 166) 16 of 62 6
August 3, 2021, Item #7EIS and Checklist Since the 5th cycle Housing Element was adopted in 2013, the State Legislature has adopted several bills which strengthen requirements related to the Residential Sites Inventory. Among these, the most significant are AB 1397 (2017) and SB 166 (2017), which imposed several key new requirements. These new requirements are summarized as follows: Enhanced Requirements: Realistic Development Potential (AB 1397) Assembly Bill 1397 requires that, for each site included in the Residential Sites Inventory, the City identify the realistic development potential for the site within the eight-year planning period. For non-vacant sites, the methodology used to identify realistic development potential must consider factors such as existing uses, past development trends, market conditions, and the availability of regulatory and/or other development incentives. No Net Loss (SB 166) Senate Bill 166 amended the existing No Net Loss Law to require sufficient adequate sites to be available at all times throughout the housing element planning period to meet a jurisdiction's remaining unmet RHNA goals for each income category. To comply with the No Net Loss Law, as jurisdictions make decisions regarding zoning and land use, or development occurs, jurisdictions must assess their ability to accommodate new housing in each income category on the remaining sites in their housing element site inventories. A jurisdiction must add additional sites to its inventory if land use decisions or development results in a shortfall of sufficient sites to accommodate its remaining housing need for each income category. In particular, a jurisdiction may be required to identify additional sites according to the No Net Loss Law if a jurisdiction rezones a site or if the jurisdiction approves a project at a different income level or lower density than shown in the Residential Sites Inventory. Lower density means fewer units than the capacity assumed in the site inventory. To ensure that sufficient capacity exists in the housing element to accommodate the RHNA throughout the planning period, HCD recommends that jurisdiction create a buffer in the housing element inventory of more capacity than required, especially for capacity to accommodate the lower income RHNA. Jurisdictions can also create a buffer by projecting site capacity at less than the maximum density to allow for some reductions in density at a project level. The 2020-2029 Housing Element identifies a 140 unit buffer above the RHNA with credits from Table 4-4 and sites from Table 4-5 (1,459 total housing units provided to meet RHNA, excluding additional sites identified in Table A-1). Rezoning for Re-Use of Sites to Accommodate Lower Income RHNA (20 percent inclusionary, By-right) Sites identified to accommodate the lower-income RHNA are subject to additional requirements if they were identified in a previous planning period. Generally, these requirements would apply to the use of a non-vacant site that was identified in the prior planning period's housing element (i.e., 5th cycle Housing Element), or to the use of a vacant site that was identified in two or more consecutive planning periods (i.e., 5th and 4th cycle Housing Elements). When sites meeting these conditions are used to accommodate the lower-income RHNA, the jurisdiction's housing element must include a program to be completed within three years of the beginning of the planning period to allow residential use by-right at specified densities for housing developments in which at least 20 percent of the units are affordable to lower income households. 17 of 62 7
August 3, 2021, Item #7EIS and Checklist Sites where zoning already permits residential "use by-right" as set forth in Government Code Section 65583.2 (i) at the beginning of the planning period would be considered to meet this requirement. Three sites are carried over from the previous 2013 Housing Element Cycle that were rezoned with the Affordable Housing Overlay Zone (AHOZ) in 2012 allowing for by-right affordable housing at densities up to 30 du/ac. These sites are owned by the Poway Housing Authority or the City and are identified as "Park and Ride," "Twin Peaks," and "Monte Vista North" in both The 2020-2029 Housing Element and the 2013 Housing Element. With the AHOZ, these sites have a maximum capacity of 165 dwelling units at 30 du/ac and can be approved by-right with no discretionary approval required when affordable housing is built on any of these sites. Additional details are available as a part of the Residential Sites Inventory in Chapter 4. Replacement Requirements Government Code Section 65583.2(g)(3) now requires that the housing element include a program to impose housing replacement requirements on certain sites identified in the Residential Sites Inventory. These replacement requirements would require the replacement of units affordable to the same or lower income level as a condition of any development on a non-vacant site consistent with those requirements set forth in State Density Bonus Law (Government Code Section 65915(c)(3).) The housing replacement requirements would be required for sites identified in the Residential Sites Inventory (Table 4-5) that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, and: • Were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income; • Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or • Occupied by low or very low-income households. No sites identified in the Residential Sites Inventory (Table 4-5) meet these requirements for replacement housing. Additional Requirements Related to the General Plan -AB 162 (2007). SB 1241 (2012). SB 99 (2019). AB 747 (2019). SB 1035 (2018), SB 379 (2015), and SB 1000 (2016) Several recent state laws require the City to make updates to other sections of the General Plan alongside the update to the Housing Element. These laws place a particular emphasis on the Public Safety Element, with an expanded focus on planning for flooding, wildfires, and climate change impacts. Through the City's annual General Plan implementation review process, the City will ensure internal consistency among the various elements of the General Plan. Additionally, SB 1000 expands requirements surrounding Environmental Justice, however, requirement for an Environmental Justice Element are not applicable to the City of Poway. 9. Surrounding Land Uses and Setting: The City of Poway is east and north of the City of San Diego and south of the city of Escondido. Located in northeast San Diego County. Poway is 18 of 62 8
August 3, 2021, Item #7EIS and Checklist known as "The City in the Country" and prides itself on the fact that over half of the 39.4 square-mile area is preserved as dedicated open space. The community offers a diverse range of housing options1 an outstanding school district a thriving business park1 a broad range of dining and shopping opportunities1 beautiful parks1 and trails. Most of the City's residentially zoned land has already been developed with a diversity of housing types1 including single-family homes, mobile home parks1 townhomes1 condominiums1 and apartments. New mixed-use housing opportunities were developed with the adoption of the Poway Road Specific Plan in 2017. 10. Other Public Agencies Whose Approval is Required: The California Department of Housing and Community Development (HCD) reviews and determines whether the Housing Element update complies with the State of California law and certifies the Housing Element as applicable. No other approvals by outside public agencies are required. 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1 If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc. In accordance with Government Codes Sections 65352.3 and 65342.4 and Public Resources Code Section 21080.3.11 the City of Poway1 as Lead Agency, sent a letter to the Tribal Representatives notifying the tribes identified by the Native American Heritage Commission (NAHC) of the proposed project in accordance with AB 52 and SB 18. The City received responses from the Rincon Band of Luiserio Indians tribe1 which noted they are not traditionally and culturally affiliated within the geographic area within the City of Poway's jurisdiction. Responses to the AB 52 and SB 18 consultation notices were received and consultation concluded as discussed in this document. SUPPORTING DOCUMENTATION: City of Poway General Plan and EIR for the General Plan Poway Road Specific Plan and El R for the Poway Road Specific Plan City of Poway Municipal Code City of Poway 2020-2029 Housing Element City of Poway Subarea Habitat Conservation Plan (HCP) NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. 19 of 62 9
August 3, 2021, Item #7EIS and Checklist Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Aesthetics D Agricultural /Forestry D Air Quality D Biological Resource Resources D Energy D Greenhouse Gas Emissions D Cultural Resources D Geology /Soils D Land Use and Planning D Hazards/Hazardous Materials D Hydrology/ Water D Population and Housing D Mineral Resources Quality D Transportation D Public Services D Noise D Mandatory Findings of D Tribal Cultural Resources D Recreation Significance □ Wildfire D Utilities and Service Systems Determination (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment ~ and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, □ there will not be a significant effect in this case as revisions in the project have been made by or agreed to by the project proponent and/or mitigation has been agreed to. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an □ ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed MAY have a "potentially significant impact" or "potentially significant □ unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier □ EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Scott N espor hme 8 2021 City of Poway Date 20 of 62 10
August 3, 2021, Item #7EIS and Checklist C. EIS and Checklist I. a. b. C. d. II. ISSUE AESTHETICS. Except as provided in Public Code Section 21099, would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? AGRICULTURAL AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the 21 of 62 POTENTIALLY SIGNIFICANT IMPACT 11 POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED LESS THAN SIGNIFICANT IMPACT NO IMPACT X X X X
August 3, 2021, Item #7EIS and Checklist ISSUE State's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a. Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources AQencv, to non-aQricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(9)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non-forest land? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use? Ill. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: 22 of 62 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X 12
August 3, 2021, Item #7EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED a. Conflict with or obstruct implementation of the applicable air X quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-X attainment under an applicable federal or state ambient air quality standard? C. Expose sensitive receptors to X substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors adversely X affecting a substantial number of • • I? IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or X with established native resident migratory wildlife corridors, or 23 of 62 13
August 3, 2021, Item #7EIS and Checklist ISSUE impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation • I ? V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? C. Disturb any human remains, including those interred outside of dedicated cemeteries? VI. ENERGY. Would the project: a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? VII.GEOLOGY AND SOILS. Would the project: a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involvinQ: i) Rupture of a known earthquake fault, as delineated on the most 24 of 62 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X X X X X X X X 14
August 3, 2021, Item #7EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, X including liquefaction? iv) Landslides? X b. Result in substantial soil erosion or X the loss of topsoil? C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the X project, and potentially result in on-or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), X creating substantial direct or indirect risk to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal X systems where sewers are not available for the disposal of wastewater? f. Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? 25 of 62 15
August 3, 2021, Item #7EIS and Checklist VIII. GREENHOUSE GAS EMISSIONS. Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of • h ? • IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962. 5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working within the project area f. Impair implementation of, or physically interfere with, an adopted emergency response plan or emerQency evacuation plan? g. Expose people or structures either directly or indirectly, to a significant 26 of 62 X X X X X X X X X 16
August 3, 2021, Item #7EIS and Checklist risk of loss, injury or death involving wildland fires? a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or round water ualit ? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on-or offsite? (ii) substantially increase the rate or amount of surface runoff in a matter which would result in floodin on-or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of olluted runoff; or d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to ro·ect inundation? e. Conflict with or obstruct implementation of a water quality control plan or sustainable roundwater mana ement Ian? 27 of 62 X X X X X X X X X 17
August 3, 2021, Item #7EIS and Checklist XI. LAND USE AND PLANNING. Would the project: a. Physically divide an established community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? XII. MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other I d I ? • XIII. NOISE. Would the project result in: a. Generation of a substantial temporary or permanent increase in ambient, noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of, excessive ground borne vibration or ground borne noise levels? C. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XIV. POPULATION AND HOUSING. Would the project: a. Induce substantial unplanned population growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, throuqh 28 of 62 X X X X X X X X 18
August 3, 2021, Item #7EIS and Checklist extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of re lacement housin elsewhere? a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the ublic services. a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse • h s. I ff t th . t? XVII. TRANSPORTATION Would the project: a. Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? C. Substantially increase hazards due to a geometric design feature (e.g.: sharp curves or dangerous 29 of 62 X X X X X X 19
August 3, 2021, Item #7EIS and Checklist intersections) or incompatible uses (e.g.: farm equipment)? d. Result in inadequate emergency access? XVIII. TRIBAL CULTURAL RESOURCES a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 2107 4 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1 (k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. XIX. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Require or result in the relocation or construction of new or expanded water wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? 30 of 62 X X X X 20
August 3, 2021, Item #7EIS and Checklist b. Have sufficient water supplies available to serve the project and reasonably foreseeable future X development during normal, dry and multiple dry years? C. Result in the determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity X to serve the project's projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, X or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state and local management and reduction statutes X and regulations related to solid waste? XX. WILDFIRE If located in or near State responsibility areas or lands classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or X emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project X occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? C. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, X power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, X as a result of runoff, post-fire slope instability, or drainage changes? 31 of 62 21
August 3, 2021, Item #7EIS and Checklist XXI. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to X eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples or the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulative considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? C. Does the project have environmental effects which will cause substantial X adverse effects on human beings either directly or indirectly? 32 of 62 22
August 3, 2021, Item #7EIS and Checklist D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS: a. No Impact. The 2020-2029 Housing Element identifies an assigned RHNA allocation of 1,319 housing units for development from June 30, 2020 through April 29, 2029. To ensure that significant impacts to scenic vistas or scenic resources do not occur, future development of residential uses will be in accordance with applicable City standards and guidelines, as well as requirements mandated during the environmental review of individual projects. In addition, new residential development, with the exception of new affordable housing, may be subject to a Development Review permit by the City Council that will address project design issues pursuant to the requirements of the Poway Municipal Code (PMC). The same standards, guidelines and Development Review requirements would also address aesthetics maintaining the existing visual character of the individual sites and surroundings and address potential light and glare impacts from a specific design proposal. Affordable housing will be subject to a design review process that will be intended to also maintain the existing visual character of the individual sites and surroundings and address potential light and glare impacts from a specific design proposal. Therefore, adherence to City standards and/or requirements will result in no impacts. No mitigation measures are required. b. See response I.a. above. c. See response I.a. above. d. See response I.a. above. II. AGRICULTURAL AND FORESTRY_RESOURCES: 33 of 62 a. No Impact. There is no land within the City of Poway that is shown as Prime Farmland, Unique Farmland or Farmland of statewide Importance on the San Diego County Important Farmland map produced by the State Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program (California Department of Conservation 2008). Therefore, there would be no impacts to agricultural resources. The 2020-2029 Housing Element does not change any boundaries or the potential for agricultural activities. There are no proposals contained in the Housing Element update to convert Prime Farmland or any farmland of unique or statewide Importance. There are also no proposals that would conflict with existing agricultural zoning or a Williamson Act contract, or result in the conversion of Prime Farmland, Unique Farmland, or Farmland of statewide Importance to non-agricultural use, or conversion or loss of forest land. In addition, because the City does not contain forest land, there is no rezoning or development proposed on forest land, or land 23
August 3, 2021, Item #7EIS and Checklist or timber property zoned Timberland Production. Therefore, there is no impact. No mitigation measures are required. b. See response II.a. above. c. See response II.a. above. d. See response II.a. above. e. See response II.a. above. Ill. AIR QUALITY: 34 of 62 a. Less Than Significant Impact. The San Diego Regional Air Quality Strategy (RAQS) Plan, amended in 2016 Uointly developed by the San Diego Air Pollution Control District and the San Diego Association of Governments (SANDAG)), provides strategies and pollution controls to improve air quality in the San Diego region. The Land Use Plan and build out projections of the Poway General Plan as well as other jurisdictions in the region were considered when establishing the strategies of the Regional Air Quality Strategies Plan. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation and construction. New development within the City shall comply with the density and intensity standards outlined in the Community Development (Land Use) Element and the City's current Zoning Ordinance. Implementation of the 2020-2029 Housing Element will be in compliance with the Community Development Element of the Poway General Plan. Any future grading and construction activities associated with development of new housing units will generate temporary increased levels of particulate matter and emissions from construction equipment. In addition, construction activity may generate detectable odors from heavy-duty equipment exhaust in proximity to sensitive receptor locations. Subsequent to construction, an increase in air emissions will occur as a result of increased traffic volumes associated with operation of the proposed on site uses, use of equipment and off-site power, and natural gas consumption. Residential, school, and park uses would be considered receptors sensitive to air emissions generated during construction and operation of new housing developments. Most future affordable housing development projects will be located in areas near transit, commercial and other community services -thereby reducing the demand for vehicle trips. Additionally, energy efficient building materials and compliance with California Green Building Code requirements will be required. Adherence to such requirements will reduce potential impacts associated with air quality to less than a significant level. No mitigation measures are required. b. See response Ill.a. above. c. See response Ill.a. above. d. See response Ill.a. above. 24
August 3, 2021, Item #7EIS and Checklist IV. BIOLOGICAL RESOURCES: a. Less than Significant Impact. The 2020-2029 Housing Element identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. Approximately 53 percent of the City's land area is within the Mitigation Area of the Poway Subarea Habitat Conservation Plan (HCP). The Poway Subarea lies in an area of overlap between two sub-regional NCCP plan areas in the San Diego region: the MSCP and the MHCP. The northern edge of the Poway Subarea also overlaps the Focused Planning Area of the San Dieguito River Valley Park. The sites identified as appropriate for low-and moderate-income housing are not located within the Mitigation Area of the HCP. However, it is expected that above moderate-income housing may be constructed within the rural residential areas of the City that coincide with the boundaries of the HCP Mitigation Area. Without a specific project, it is not possible to anticipate how the development of these new housing units will potentially impact sensitive biological resources including riparian habitats, federally protected wetlands or other sensitive natural communities, however, no conflict with the provisions of the HCP is proposed or anticipated and compliance will be required. The HCP requires limitations on the amount of biological impact on each property and a Biological Conservation Easement (BCE) will be required as properties develop. It is also not possible to anticipate how the development of new housing will specifically affect the movement of native resident or migratory fish or wildlife species, adversely affect wildlife corridors or impeded the use of native wildlife nursery sites. The City does have a tree protection ordinance (Poway Municipal Code Chapter 12.32) and a tree inventory on a specific property will be required to evaluate the need to mitigate any tree removals as specified by City codes. To ensure significant impacts to sensitive biological resources do not occur, future development of residential units will be in accordance with applicable City standards and guidelines, the HCP, the State and Federal Endangered Species Act, as well as requirements mandated during the environmental review of individual projects for sites identified for above moderate-income housing. Adherence to such requirements will reduce potential impacts associated with biological resources to less than a significant level. No mitigation measures are required. c. See response IV.a. above. d. See response IV.a. above. e. See response IV.a. above. f. No Impact. See response IV.a. above. V. CULTURAL RESOURCES: 35 of 62 a. Less than Significant Impact. CEQA Guidelines Section 15064.5 defines historic resources as any object, building, structure, site, area, place, record, manuscript or other resource listed or determined to be eligible for listing by the 25
August 3, 2021, Item #7EIS and Checklist State Historical Resources Commission, a local register of historic resources, or the lead agency. Generally, a resource is considered to be historically significant if it meets one of the following criteria: Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; Is associated with the lives of important persons in the past; Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values, or; Has yielded, or may be likely to yield, information important in prehistory or history. According to State CEQA Guidelines (Section 15064.5) and Public Resources Code (Sections 21083.1 and 21083.2), the proposed project would be considered to have a significant impact if it would cause a substantial adverse change to a unique archeological resource. The 2020-2029 Housing Element update identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. To ensure significant impacts to cultural resources do not occur, future development of residential units will be in accordance with applicable City, state and federal standards and guidelines including General Plan policies and Municipal Code regulations. The City has adopted a list of Historical Sites List which is implemented through the City's Historical Structure Ordinance (PMC 17.45). The City's General Plan also includes a Prehistoric and Historic Resources Element, which identifies archaeologically sensitive areas within the City. If a site identified in the Residential Sites Inventory has a high or moderate probability of containing historically sensitive areas, an archaeological report may be required. Any recommended mitigation measures would be made conditions of any project approval. Housing sites must comply with General Plan policies and the PMC where applicable. Adherence to such requirements will reduce potential impacts associated with cultural resources to less than a significant level. No mitigation measures are required. b. See response V.b. above. VI. ENERGY: 36 of 62 a. Less than Significant. No conflict with or obstruction of a state or local plan for renewable energy or energy efficiency is proposed or anticipated. Many sites identified for very low-and low-income housing are allowed by-right, but will be required to conform to General Plan policies and Municipal Code regulations for residential developments. Many of the residential projects that will be developed to meet the RHNA requirement are anticipated to be located near community services, where pedestrian and transit-oriented development is encouraged. Such development may reduce the number of new vehicle trips typically associated with residential projects and, thus, would help to reduce GHG 26
August 3, 2021, Item #7EIS and Checklist production resulting from the combustion of fossil fuels for transportation purposes. Adherence to such requirements will reduce potential impacts associated greenhouse gas emissions to less than a significant level. According to the U.S. Environmental Protection Agency, the burning of fossil fuels, along with deforestation, has caused the concentrations of heat-trapping greenhouse gasses (GHGs) to increase significantly in the earth's atmosphere (U.S. Environmental Protection Agency 2012). The increase in GHGs results in global warming, as more heat is trapped in the atmosphere. The 2020-2029 Housing Element would not, in itself, produce environmental impacts. The Housing Element update identifies sites that can accommodate the City's RHNA of 1,319 new housing units through 2029. The potential impacts related to GHG emissions and global warming for any specific future residential projects may be assessed at the time the projects are actually proposed. Mitigation measures would be adopted as necessary, in conformance with CEQA. No mitigation measures are required. b. No Impact. See response VI.a. above. VII. GEOLOGY AND SOILS: 37 of 62 a.i) Less Than Significant Impact. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. The 2020-2029 Housing Element identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. Murphy Canyon Fault is the nearest main southern California fault, located approximately nine miles southwest of the City jurisdictional boundary. Three major fault systems within the project vicinity include the Elsinore, San Jacinto and Rose Canyon faults. The active Elsinore fault trends northwest and is about 22 miles northeast of Poway. The San Jacinto fault is also an active northwest-trending fault about 45 miles northeast of Poway. The Rose Canyon fault is located about 16 to 20 miles west of Poway in the Pacific Ocean and is considered potentially active. There is potential for some local damage in the event of a major earthquake along one of these fault systems which could result in significant impacts to facilities in the City. While the potential for onsite rupture cannot be completely discounted (e.g., unmapped 27
August 3, 2021, Item #7EIS and Checklist faults could be present), the likelihood for such an occurrence is considered low due to the absence of known faulting within or adjacent to the City. Without specific information regarding the construction methods to be used when building the housing units, it is not possible to determine specific mitigation measures with regard to geology and soils. A Geotechnical Investigation report may be required with the development of any new housing project identified in the Residential Site Inventory and the recommendations of that report will be incorporated into the project design. Many new projects that propose housing for very low-income and low-income can be developed by-right, however, will have to comply with General Plan policies and Municipal Code requirements for soil analyses at individual sites. Adherence to such requirements will reduce potential impacts associated with geology and soils to less than a significant level. No mitigation measures are required. a.ii) See response Vll.ai. above. a.iii) See response Vll.ai. above. a.iv) See response Vll.ai. above. b. See response Vll.ai. above. c. See response Vll.ai. above. d. See response Vll.ai. above. e. See response Vll.ai. above. f. See response Vll.ai. above. VIII. GREENHOUSE GAS EMISSIONS: 38 of 62 a. Less Than Significant Impact. According to the U.S. Environmental Protection Agency, the burning of fossil fuels, along with deforestation, has caused the concentrations of heat-trapping greenhouse gasses (GHGs) to increase significantly in the earth's atmosphere (U.S. Environmental Protection Agency 2012). The increase in GHGs results in global warming, as more heat is trapped in the atmosphere. The 2020-2029 Housing Element would not, in itself, produce environmental impacts. The Housing Element update identifies sites that can accommodate the City's RHNA of 1,319 new housing units through 2029. The potential impacts related to GHG emissions and global warming for any specific future residential projects may be assessed at the time the projects are actually proposed. Mitigation measures would then be adopted as necessary, in conformance with CEQA. Many sites identified for very low-and low-income housing are allowed by-right, however, will be required to conform to General Plan policies and PMC regulations for residential developments. Many of the residential projects that will be developed to meet the RHNA requirement are anticipated to be located near community services, where pedestrian and transit-oriented development is encouraged. Such development may reduce the 28
August 3, 2021, Item #7EIS and Checklist number of new vehicle trips typically associated with residential projects and, thus, would help to reduce GHG production resulting from the combustion of fossil fuels for transportation purposes. Adherence to such requirements will reduce potential impacts associated greenhouse gas emissions to less than a significant level. No mitigation measures are required. No conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases is anticipated or proposed. b. No Impact. See response VIII.a. above. IX. HAZARDS AND HAZARDOUS MATERIALS: 39 of 62 a. Less Than Significant Impact. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. The 2020-2029 Housing Element identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. The potential release of hazardous materials is an ongoing condition that is regulated by federal, state and local regulations. This condition will exist with or without the project. The development of residential units will take place on undeveloped or underutilized land. Incidental amounts of hazardous materials may be utilized during the construction and/or occupation of new residential units. In addition, it is anticipated that the nature and quantity of hazardous materials utilized will be typical of those of residential uses and would not be significant. The City of Poway is not located within an area of influence of an airport land use plan and is not located within two miles of a public airport. It also does not contain any private airstrips. Development of residential units will be consistent with applicable requirements of adopted emergency response/evacuation plans. New residential development may be located adjacent to areas with a significant risk for property damage or injury resulting from wildland fires. The City has adopted the Wildland Urban Interface Code to address potential impacts in these areas. An analysis of potential impacts with regard to hazards and hazardous 29
August 3, 2021, Item #7EIS and Checklist materials will be conducted during the environmental review of specific residential developments for housing. Many new projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with General Plan policies and PMC requirements for compliance with requirements for the potential release hazardous materials at individual sites. Adherence to applicable city, state and/or federal regulations will be applied at that time and will reduce the potential impacts to below a level of significance. No mitigation measures are required. b. See response IX.a. above. c. See response IX.a. above. d. No Impact. See response IX.a. above. e. See response IX.a. above. f. See response IX.a. above. g. Less Than Significant Impact. See response IX.a. above. X. HYDROLOGY AND WATER QUALITY: 40 of 62 a. Less Than Significant Impact. Under Section 402 of the Clean Water Act, the Regional Water Quality Control Board (RWQCB) issues National Pollutant Discharge Elimination System (NPDES) permits to regulate waste discharges to waters of the nation (rivers, lakes and their tributary waters such as creeks and ephemeral streams). Through the City's entitlement process future residential development would be evaluated on an individual basis for potential violation of water quality standards or waste discharge requirements. Individual projects will be required to incorporate current RWQCB and City of Poway Standard Urban Stormwater Mitigation Plan (SUSMP) and NPDES permit requirements in the project design as appropriate. Individual projects will be required to be designed to treat and slowly release run-off before discharge into the public storm drainage system consistent with SUSMP requirements. Erosion control plans will also be required in association with any grading plans. Many new projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with stormwater guidelines and policies in the General Plan as well as stormwater regulations in the City's Municipal Code. By following Best Management Practices (BMPs) as specified by the NPDES permit and an approved Storm Water Pollution Prevention (SWPP) permit during construction, the project will not have a significant adverse effect on water or ground water quality or quantity, nor promote increased erosion. Therefore, no impacts would occur and no mitigation is required. City codes do not allow construction within a floodway. Construction within a floodplain is allowed if structures are raised one foot above the 100-year flood 30
August 3, 2021, Item #7EIS and Checklist 41 of 62 level and all weather access. In addition, a hydrology study, completed by a qualified civil or hydrological engineer is required for housing sites. The study must show that there will be no changes to the downstream or upstream 100-year floodplain with the new construction. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. During the environmental review of any future housing project for housing sites, the development will be reviewed to ensure compliance with city and federal standards for flood protection. New projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with General Plan policies and PMC requirements for development within a floodplain. The City requires a Floodplain Development Permit (ministerial) for any development within a floodplain that ensures compliance with all city floodplain regulations. Adherence to applicable city, state and/or federal regulations will be applied at that time and will reduce the potential impacts to below a level of significance. No mitigation is required. The City is not located adjacent to coastal waters so no impact related to tsunamis would occur. The design, construction, placement and maintenance of any water retention, detention facilities would adhere to applicable city building code standards and/or previously referenced flood/erosion control requirements. Therefore, potential impacts associated with seiche or mudflows would be reduced to a less than significant level. No mitigation is required. b. See response X.a. above. c. See response X.a. above. c.i) See response X.a. above. c.ii) See response X.a. above. c.iii-iv) See response X.a. above. d. See response X.a. above. 31
August 3, 2021, Item #7EIS and Checklist e. See response X.a. above. XI. LAND USE AND PLANNING: a. No Impact. Adoption of the 2020-2029 Housing Element and the text amendment to the Community Development (Land Use) Element will not result in physical divisions to an established community. The 2020-2029 Housing Element provides policies and programs to ensure the provision of housing for all segments of the community throughout the City including actions to affectively further fair housing. The 2020-2029 Housing Element and Community Development Element amendment do not conflict with the City's HCP. The adoption of the 2020-2029 Housing Element and the Community Development Element text amendment reflecting the updated Housing Element will not conflict with the General Plan or any other policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The 1,319 units required by the RHNA are within the capacity of the City's General Plan and land use policies. All locations identified for housing developments are designated for residential development, which is consistent with the General Plan. All new development will be required to comply with General Plan land use policies and PMC regulations. The Housing Plan (Chapter 6) of the 2020-2029 Housing Element includes a monitoring program to ensure consistency with the General Plan. Therefore, no impacts would result from the project. No mitigation measures are required. b. See response XI.a. above. XII. MINERAL RESOURCES: 42 of 62 a. No Impact. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. The 2020-2029 Housing Element identifies an assigned growth need of 1 ·,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. Poway's only known valuable mineral resource, as recognized by the California Department of Conservation, Division of Mines and Geology, is construction quality sand and gravel located along the City's southern border within the South Poway Business Park which 32
August 3, 2021, Item #7EIS and Checklist does not allow for or provide housing. Therefore, no impacts would result. No mitigation is required. b. See response XII.a. above. XIII. NOISE: a. Less Than Significant Impact. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. The 2020-2029 Housing Element identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. Without specific details regarding each new housing development, it is not possible to determine potential noise impacts and specific mitigation measures. However, city codes have established noise level limits for residential development and noise mitigation measures are required as part of any new residential development. This includes the provision of noise attenuation walls for protection from traffic noise and compliance with building code requirements for interior noise levels. All future development for housing may be subject to site-specific environmental studies with regard to noise impacts and compliance with city codes and policies would be required. New projects that propose housing for very low-and low-income households can be developed by-right, however, will be required to comply with General Plan policies and PMC requirements for noise compliance for residential developments. Adherence to applicable city regulations would reduce the potential impacts to below a level of significance. No mitigation is required. b. See response XIII.a. above. c. No Impact. See response XIII.a. above. d. Less Than Significant Impact. See response XIII.a. above. XIV. POPULATION AND HOUSING: 43 of 62 33
August 3, 2021, Item #7EIS and Checklist a. Less Than Significant Impact. The 2020-2029 Housing Element contains updated demographic and growth project information to allow the City to plan for its future housing needs as required by state law. The City of Poway was assigned a future housing need goal of 1,319 housing units for the 2020-2029 planning period by HCD and SANDAG. Poway must plan for units affordable to all income levels, specifically: 468 very low-income units, 268 low-income units, 241 moderate-income units and 342 above moderate-income units. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. The City is not required to build these housing units, but must show it has sites with adequate zoning and development standards that could accommodate the housing units during the 2020-2029 planning period. The updated Housing Element contains an inventory of sites that could accommodate the allocated need as required by state law. Through the City's environmental review process for housing projects, the potential for growth inducing impacts would be evaluated. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. New projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with all land use and housing policies and regulations identified in the General Plan and PMC. Adoption of the 2020-2029 Housing Element and the Community Development Element amendment accommodates the development of housing in the City. The 2020-2029 Housing Element and associated amendments to the Community Development Element would result in a less than significant impact with regard to Population and Housing. No mitigation is required. b. See response XIV.a. above. XV. PUBLIC SERVICES: 44 of 62 a.i. Fire Protection -Less Than Significant Impact. The City of Poway provides fire and paramedic services along with managing a contract with the San Diego County Sheriff's Department for public safety protection services for the City of 34
August 3, 2021, Item #7EIS and Checklist Poway. Public services are adequate to serve current and future population. Implementation of the 2020-2029 Housing Element is not expected to increase the demand for public services. Development of additional housing as identified in the 2020-2029 Housing Element is consistent with the anticipated population growth in the Poway General Plan and could potentially increase the demand on schools. All new residential development is required to pay school impact fees to offset the cost of providing additional services. Park-in lieu fees or the provision for park land and improvements will be required with the development of any new housing development to offset any impacts to park services. Impacts to public services will be less than significant. No mitigation is required. a.ii. Police Protection -See response XV.a. above. a.iii. Schools -See response XV.a. above. a.iv. Parks -See response XV.a. above. a.v. Other Public Facilities -See response XV.a. above. XVI. RECREATION: a. Less Than Significant Impact. The City currently has 17 parks, including two regional park facilities (Blue Sky Ecological Preserve and Lake Poway), 78 miles of trails and over 5,000 acres of dedicated open space. New development anticipated by the 2020-2029 Housing Element may increase the demand for parks and recreation facilities in the City. Projects would be required to pay park in-lieu impact fees or provide park land and improvements pursuant to City codes. The City has adequate park and recreation facilities to serve existing and future population. New projects that propose housing will be encouraged to include private park/recreation areas within individual developments. Impacts will be less than significant. No mitigation measures are required. b. See response XVI .a. above. XVII. TRANSPORTATION: 45 of 62 a. No Impact. The 2020-2029 Housing Element would not expand the area in which development is permitted under the General Plan or Zoning Ordinance. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already 35
August 3, 2021, Item #7EIS and Checklist been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. Many new projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with General Plan policies and Municipal Code requirements for any potential impacts to transportation and traffic. The 2020-2029 Housing Element identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. Any new housing units will generate increased levels of traffic and demand for parking. Most future housing development projects will be located in areas near transit, commercial and other community services -thereby reducing the demand for vehicle trips. New housing development proposed within the City shall comply with the density and intensity standards outlined in the General Plan, the City's current Zoning Ordinance, and/or applicable specific plans and does not conflict with applicable General Plan or Specific Plan projections for housing which were previously certified in an EIR. Adherence to such requirements will reduce potential impacts associated with transportation to less than a significant level. No mitigation measures are required as a part of this project. The Housing Element update would not increase hazards due to a design feature, result in inadequate emergency access, or conflict with adopted policies, plans, or programs supporting alternative transportation. b. See response XVII.a. above. c. Less Than Significant Impact. See response XVII.a. above. d. See response XVII.a. above. XVIII. TRIBAL CULTURAL RESOURCES: 46 of 62 a.i) Less Than Significant Impact. According to State CEQA Guidelines (Section 15064.5) and Public Resources Code (Sections 21083.1 and 21083.2), the proposed project would be considered to have a significant impact if it would cause a substantial adverse change to a unique archeological resource. Assembly Bill 52 (AB 52, Gatto. Native Americans: California Environmental Quality Act) and CEQA Public Resources Code Section 21080.31, subdivisions (b), (d)), requires a lead agency to consult with any California Native American tribe that requests consultation and is traditionally and culturally affiliated with the geographic area of a proposed project. California Government Code Section 65352.3 (adopted pursuant to the requirements of Senate Bill (SB) 18) requires local governments to contact, refer plans to, and consult with tribal organizations prior to making a decision to adopt or amend a general or specific plan, or to designate open space that includes Native American Cultural Places. The tribal organizations eligible to consult have traditional lands in a local government's jurisdiction, and are identified, upon request, by the Native American Heritage Commission (NAHC). As noted in the 36
August 3, 2021, Item #7EIS and Checklist California Office of Planning and Research's Tribal Consultation Guidelines (2005), "the intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to cultural places." In accordance with Government Codes Sections 65352.3 and 65342.4 and Public Resources Code Section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives notifying the tribes identified by the Native American Heritage Commission (NAHC) of the proposed project in accordance with AB 52 and SB 18. The City received responses from the Rincon Band of Luiserio Indians tribe, which noted they are not traditionally and culturally affiliated within the geographic area within the City of Poway's jurisdiction. Responses to the AB 52 and SB 18 consultation notices were received and consultation concluded. Future housing projects will require AB 52 and SB 18 consultation and sacred lands file searches as applicable. The 2020-2029 Housing Element identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. To ensure significant impacts to cultural resources do not occur, future development of residential units will be in accordance with applicable city, state, and federal standards and guidelines including General Plan policies and PMC regulations. The City has adopted a list of Historical Sites List which is implemented through the City's Historical Structure Ordinance (PMC Chapter 17.45). The City's General Plan also includes a Prehistoric and Historic Resources Element, which identifies archaeologically sensitive areas within the City. If a site identified in the Residential Sites Inventory has a high or moderate probability of containing historically sensitive areas, an archaeological report may be required. Any recommended mitigation measures would be made conditions of any project approval. Adherence to such requirements will reduce potential impacts associated with cultural resources to less than a significant level. No mitigation measures are required. a.ii) See response XVlll.a.i. above. XIX. UTILITIES AND SERVICE SYSTEMS: 47 of 62 a. Less Than Significant Impact. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the Housing Element Update identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in 37
August 3, 2021, Item #7EIS and Checklist association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. The 2020-2029 Housing Element update identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 15, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. Future wastewater treatment, storm water drainage, electric power, natural gas, or telecommunications facility needs will be evaluated on an ongoing basis with each new development that is proposed. Recommendations for improvements and/or new facilities will be made at that time. Adherence to all applicable standards and policies of the city, state, and federal governments, including Regional Water Quality Control Board requirements and applicable management and reduction statutes, would be required. Demand for sufficient water supplies and solid waste will also be evaluated. The volume of potable water demand and solid waste generated by the anticipated housing units is not anticipated to adversely water supply or impact landfills or other solid waste disposal facilities. New projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with General Plan policies and PMC requirements to address any potential increase in facility needs and demand. Adherence to applicable city policies and regulations would be required at that time and would reduce the potential impacts to below a level of significance. No mitigation is required. b. See response XIX.a. above. c. See response XIX.a. above. d. See response XIX.a. above. e. See response XIX.a. above. XX. WILDFIRE: 48 of 62 a. Less Than Significant Impact. Any geographic area mapped by the State or designated by a local jurisdiction as a moderate, high, or very high fire hazard area or which the Fire Authority Having Jurisdiction (FAHJ) has determined is a hazardous fire area, because the type and condition of vegetation, topography, weather and structure density increase the probability that the area will be susceptible to a wildfire. According to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Poway (CAL FIRE 2009), the majority of Poway is located within the VHFHSZ. Fire Prevention staff applies additional code requirements and fuel modification requirements to new construction projects in these areas. Vegetation management programs applies to existing parcels in these areas and is managed by Code Compliance in consultation with the staff from the Fire Prevention Division. The Fire Protection Plan (FPP) is a document may be required for projects within a VHFHSZ and prepared for a specific project or development proposed in the wildland-urban interface fire area that describes ways to minimize and mitigate potential loss from wildfire exposure, with the purpose of reducing impact on the community's fire protection delivery system. 38
August 3, 2021, Item #7EIS and Checklist The City of Poway adopts by reference the International Fire Code and the California Fire Code. Local amendments are included in the triennial adoption process that addresses Poway's unique climatic, geologic, and topographic characteristics. This adoption creates Poway's Fire Code within the Poway Municipal Code. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the 2020-2029 Housing Element identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. The 2020-2029 Housing Element update identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 15, 2029. Of that total, 519 housing units were under construction or entitled as of December 2020, leaving a remaining need of 800 housing units. The project does not substantially impair an adopted emergency response plan or emergency evacuation plan. The project does not exacerbate wildfire risks, nor expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. The project does not require the installation or maintenance of associated infrastructure ( such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. The project does not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. New projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with General Plan policies and PMC requirements to address any potential wildfire risks. Adherence to applicable city policies and regulations would be required at that time and would reduce the potential impacts to below a level of significance. No mitigation is required. b. See response XX.a. above. c. See response XX.a. above. d. See response XX.a. above. XXI. MANDATORY FINDING OF SIGNIFICANCE: 49 of 62 39
August 3, 2021, Item #7EIS and Checklist 50 of 62 Less than Significant Impact. Development of additional housing units in the City has the potential to increase the amount of traffic on local roadways, generate emission of pollutants and particulate matter, generate noise within the project limits, affect the amount and distribution of biological resources and affect the provision of public services. The 2020-2029 Housing Element identifies adequate sites in areas already designated for residential and mixed-use use to meet the City's RHNA. The project will not result in the approval of any physical improvements and does not propose any changes to the General Plan Community Development Element, to a base designation, or to any physical development standards. Though it proposes neither specific development projects nor changes in base zoning, the 2020-2029 Housing Element identifies opportunity sites that are feasible for development. The 2020-2029 Housing Element could indirectly result in residential development and improvement, the development would occur in residential and mixed-use areas of the City already designated in the General Plan for housing. Therefore, development within these sites and their associated impacts have already been accounted for in association with the adopted General Plan or Specific Plan. In addition, any future development projects supported by the 2020-2029 Housing Element would be evaluated at the project proposal stage and subject to the state, regional, and local plans, and the policies therein. The 2020-2029 Housing Element update identifies an assigned growth need of 1,319 housing units for development from June 30, 2020 through April 29, 2029. Although the Housing Element update identifies an assigned growth need of 1,319 housing units by 2029, all units would not necessarily be constructed. New projects that propose housing for very low-and low-income households can be developed by-right, however, will have to comply with General Plan policies and PMC requirements. To ensure that significant impacts to sensitive biological or historical resources do not occur, future development of residential units will be in accordance with the Poway Subarea Habitat Conservation Plan, the General Plan, the PMC and any other requirements. Adherence to other applicable city policies and regulations would be required at that time and would reduce the potential impacts to below a level of significance. No mitigation is required a. See response XXl.a. above. b. See response XXl.a. above. 40
August 3, 2021, Item #7EIS and Checklist Attachment(s): Transparency -----'di'· ::; ;,. r.' r· 111 I, r. ·rn.-,r -, -.,11r1,·I r I :,!Ill ,•11n l•'._ir1J1 L_J. Exhibit A Project Location Map City of Poway / )M • Get X,Y j 32° 59.649' N, 117° 1.485' W 51 of 62 41 Map Legend X " Califo ·,~ Coor inate G id □ " PLSS Towns ip □ -" PLSS Sectio
August 3, 2021, Item #7RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 21-001 AND 21-002 FOR THE ADOPTION OF CITY OF POWAY 2020-2029 HOUSING ELEMENT WHEREAS, State Law requires that cities periodically update the Housing Element of the General Plan; WHEREAS, California Government Code Section 65350, et. seq., describes the procedures for amending the General Plan; WHEREAS, the City of Poway 2020-2029 Housing Element has been prepared pursuant to Article 10.6, Sections 65580-65589.11 of the California Government Code; WHEREAS, the City has held community workshops on the Housing Element Update on November 19, 2020 and April 29, 2021, a City Council Workshop on May 4, 2021, a public housing and public safety element survey, a 20-day Housing Element review, a 30-day State Clearinghouse Negative Declaration environment review, and numerous informal reviews and a 60-day formal review with HCD to solicit public comment and has also notified community and special interest groups serving affordable housing and special needs populations about the public outreach opportunities that have been conducted throughout the process as further described in Chapter 1 of the Housing Element; WHEREAS, on May 4, 2021, the City Council held a duly advertised public meeting and authorized submittal of the Draft 2020-2029 Housing Element to HCD for 60-day review and comment; WHEREAS, on July 9, 2021, the City received a letter from HCD, which included written findings stating that the Draft 2020-2029 Housing Element does not address all statutory requirements with corrections provided to address all statutory requirements; WHEREAS, an Environmental Initial Study (EIS) and Negative Declaration (ND) for the 2020-2029 Housing Element was circulated for a required 30-day public review and comment period beginning on June 24, 2021 and ending on July 24, 2021, in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15105, The EIS and ND were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse #2021060520) for a required 30-day public review and comment period. The City Council has considered the EIS and ND, and public comments received on the EIS and ND; WHEREAS, the 2020-2029 Housing Element requires that the City also amend the City's General Plan. Text amendments to the Community Development (Land Use) Element of the General Plan have been prepared that are necessary for consistency with the City of Poway 2020-2029 Housing Element (GPA 21-002); WHEREAS, on August 3, 2021, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented 52 of 62 ATTACHMENT B
August 3, 2021, Item #7at the public hearing. Resolution No. 21-Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: In accordance with the requirements of the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) and a proposed Negative Declaration (ND) have been prepared for General Plan Amendment (GPA) 21-001 and GPA 21-002 and Environmental Assessment (EA) 21-001 for the 2020-2029 Housing Element. It was determined that the project will not have any significant adverse impacts on the environment. Any anticipated impacts were determined to be below a level of significance and, therefore, do not require any mitigation. The EIS and ND were sent to the State Clearinghouse for distribution and 30-day public review by relevant state agencies (State Clearinghouse # 2021060520). SECTION 3: The City Council hereby approves GPA 21-001 for adoption of the 2020-2029 Housing Element incorporated herein by reference and GPA 21-002 amending the Community Development (Land Use) Element of the General Plan as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: Page five, "Land Use Plan" section, paragraph four, of the Community Development (Land Use) Element of the General Plan (GPA 21-002) shall be amended as follows: For the ~2020-2029 planning period for the Housing Element, Poway was assigned a future housing need goal of ~1.319 housing units (see Table 4-1 of the Housing Element). The City is not required to build these units, but must show it has sites with adequate zoning and development standards that could accommodate the housing units during the planning period. Table 4-44-5 in Chapter 4 of the Housing Element contains a site inventory for Very Low, Low and Moderate Income households demonstrating that there are adequate sites to meet the regional housing goal with the placement of the Affordable Housing Overlay Zone (AHOZ) on the sites as discussed in Chapter 4 of the Housing Element. SECTION 5: The City Council hereby authorizes the 2020-2029 Housing Element incorporated herein by reference to be submitted to HCD for 90-day review and certification with any requested modifications by HCD corrected administratively to the satisfaction of the Director of Development Services consistent with the July 9, 2021 Correction Letter by HCD or similar non-substantive changes. SECTION 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, 53 of 62
August 3, 2021, Item #7Resolution No. 21-Page 3 paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of August, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Deborah Harrington, Interim City Clerk 54 of 62
August 3, 2021, Item #755 of 62 City of Poway 2020-2029 Housing Element (on file in the Office of the City Clerk) https://docs.poway.org/Weblink/Browse.aspx?id=151673&dbid=0&repo=CityofPoway ATTACHMENT C
August 3, 2021, Item #7STATE OF CALIFORNIA -BUSINESS CONSUMER SERVICES AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov July 9, 2021 Bob Manis, Director of Development Services Development Services Department City of Poway 13325 Civic Center Drive Poway, CA 92064 Dear Bob Manis: RE: Review of the City of Poway's 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Poway's (City) draft housing element received for review on May 10, 2021 along with revisions received on June 25, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on June 23, 2021 with David De Vries, City Planner; Austin Silva, Senior Planner; Scott Nespor, Associate Planner; and Polina Mitcheom, Planning Intern. In addition, HCD considered comments from Chris Cruse pursuant to Government Code section 65585, subdivision (c). The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). In particular, the Affirmatively Furthering Fair Housing, sites analysis, and programs sections, amongst other, need revisions to fully comply with State Housing Element Law. The enclosed Appendix describes these, and other revisions needed to comply with State Housing Element Law. As a reminder, the City's 6th cycle housing element was due April 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to make revisions to the element as described herein, adopt, and submit to HCD to regain housing element compliance. As a reminder, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD's housing element webpage at https://www.hcd.ca.gov/community-development/housinq-element/index.shtml for a copy of the form and instructions. The City can reach out to HCD at sitesinventory@hcd.ca.qov for technical assistance. 56 of 62 ATTACHMENT D
August 3, 2021, Item #7Bob Manis, Director of Development Services Page 2 To remain on an eight-year planning cycle, the City must adopt its housing element within 120 calendar days from the statutory due date of April 15, 2021 for San Diego Association of Governments (SANDAG) localities. If adopted after this date, Government Code section 65588, subdivision (e)(4), requires the housing element be revised every four years until adopting at least two consecutive revisions by the statutory deadline. For more information on housing element adoption requirements, please visit HCD's website at: http://www.hcd.ca.gov/community-development/housing-element/housinq-element-memos/docs/sb375 final100413.pdf. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's Affordable Housing and Sustainable Communities programs; and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources. HCD appreciates the responsiveness and dedication David De Vries, Austin Silva, Scott Nespor, and Polina Mitcheom provided during the course of our review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Ayala, of our staff, at Jose.Ayala@hcd.ca.gov. Sincerely, Shannan West Land Use & Planning Unit Chief Enclosure 57 of 62
August 3, 2021, Item #7APPENDIX CITY OF POWAY The following changes are necessary to bring the City's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD's website at http://www.hcd.ca.gov/community-development/housinq-element/housing-element-memos.shtml. Among other resources, the housing element section contains HCD's latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources. A. Review and Revision Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).) The element reviews the 5th cycle programs but does not provide a specific review for programs regarding the effectiveness of the 5th cycle programs for meeting the community's special housing needs. An analysis must be provided for the cumulative impact of the previous housing element's programs to address the housing needs of special needs populations. The element should specifically look at programs targeted for special needs populations and provide a narrative analysis. B. Housing Needs, Resources, and Constraints 1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2 ... shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(1 O)(A).) Additional analysis is required to meet the statutory requirements. In particular, the element must analyze the enforcement and outreach capacity trends and patterns at the regional level. Currently, the element only analyzes this data at the local level. Additionally, the element must analyze trends and patterns of race at the regional level. Currently, the element only analyzes the trends and patterns at the local level. Moreover, the element must analyze the economic access to opportunity at the regional level; currently, the element only analyzes the data at the local level. In addition, more information is needed to fully analyze the disproportionate housing needs at the local and regional level. At the local and regional level, the element must analyze the homeless housing need. Additionally, at the regional level, the element must analyze cost burden and substandard housing. Next, the element must also look at other relevant factors that contribute to fair housing issues in the jurisdiction. To meet this requirement, the element should consider information beyond data that identifies and compares concentrations of groups with protected characteristics. HCD Review of City of Poway's 6th Cycle Housing Element July 9, 2021 58 of 62 Page 1
August 3, 2021, Item #7Additionally, the element must analyze how the sites inventory affirmatively furthers fair housing. For example, the element should analyze whether and/or how concentrating the lower-income housing need in the portion of the City that has the most non-white and less affluent residents furthers the goals of fair housing. Lastly, the element must include programs that (1) enhance housing mobility strategies, (2) encourage development of new affordable housing in areas of opportunity, (3) improve place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and (4) protect existing residents from displacement. Currently, the programs listed in the element are not sufficient to take any meaningful actions in combating fair housing issues in Poway. The actions must directly target the contributing factors to fair housing issues and have a quantifiable outcome. 2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 1,319 housing units, of which 736 are for lower-income households. To address this need, the element relies on vacant, nonvacant, and sites located in the Poway Road Specific Plan (PRSP). To demonstrate the adequacy of these sites and strategies to accommodate the City's RHNA, the element must include complete analyses. Progress in Meeting the RHNA: The element indicates (pages 4-6) that 144 units affordable to low-income households have been built or are under construction or approved but provides no information documenting how affordability of the units was determined. As you know, the City's RHNA may be reduced by the number of new units built since June 30, 2020; however, the element must describe the City's methodology for assigning these units to the various income groups based on actual sales price or rent level of the units and demonstrate their availability in the planning period. Currently, the element states that over the last few years projects have had deed restrictions to ensure affordability. While this information is useful, the element must describe how 6th cycle RHNA credits are assumed to be affordable. Realistic Capacity: While the element provides some information regarding realistic capacity, the element must also describe the methodology used to assume realistic capacity for all sites. For example, Sites 23-30 assume full build-out without any supporting information on how this assumption was calculated. While these sites are residentially zoned, the element must describe past projects, incentives, and other factors that support full build-out of these sites. Furthermore, the analysis on Pages 4-19 concludes that past projects located in the PRSP have averaged 27 dwelling units per acre, but the development assumptions for sites listed in the PRSP is 30 dwelling units per acre. In addition, most of the sites located in the PRSP are not residentially zoned sites; the element must account for the potential for non-residential development in these non-residential zones in its development assumptions. HCD Review of City of Poway's 6th Cycle Housing Element July 9, 2021 59 of 62 Page 2
August 3, 2021, Item #7Zoning for Lower Income Households: The element relies upon the City's inclusionary housing requirement to accommodate the regional housing need for lower-income households on Site 23 and Site 25. However, identifying potential results of an inclusionary zoning ordinance, by itself, is not sufficient or appropriate to demonstrate the adequacy of a zone to accommodate housing affordable to lower-income households; therefore, HCD is not considering the unit potential for lower-income on these sites when assessing the adequacy of sites to accommodate the RHNA for lower income. Suitability of Nonvacant Sites: While the element includes some recent developments (Pages 4-20) to demonstrate past experience, it does not explain how those developments relate to zoning, existing uses, densities, and the listed sites in the inventory. To analyze the extent that existing uses may impede additional residential development, the element should also include information on whether existing uses are operating, have been operating, or whether they are or not anticipated to continue operating. The element can also analyze the age of the structure, structural conditions or other circumstances and trends, lease information, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites to demonstrate redevelopment potential. Infrastructure: While the element describes water and sewer infrastructure, it must also demonstrate sufficient existing or planned dry utilities supply capacity, including the availability and access to distribution facilities to accommodate the City's regional housing need for the planning period (Gov. Code, § 65583.2, subd. (b).). For additional information, see the Building Blocks at https://www.hcd.ca.gov/community-development/building-blocks/site-inventory-analysis/analysis-of-sites-and-zoning.shtml. 3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall a/so demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) Design Review: While the element provides a general overview of the design review process, the element must analyze the effects of design review on the cost and length of the approval process, and whether design review is a constraint to housing development in the City. HCD Review of City of Poway's 6th Cycle Housing Element July 9, 2021 60 of 62 Page 3
August 3, 2021, Item #7lnclusionary Housing: The element must analyze the effects of the inclusionary housing requirements on the development of housing for all income levels, specifically housing supply, and affordability. Namely, the element should provide greater detail on the effects of the inclusionary housing requirements on the development of housing, and whether the inclusionary housing requirements are having the intended impact. Constraints on housing for Persons with Disabilities: While the element describes its definition for "family" does not pose a constraint, the element does not include the definition of family in the element. The element must describe the zoning code definitions of family and analyze the impact of the definition on housing for persons with disabilities. 4. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) The element provides a general overview of the special housing needs of farmworkers, but additional analysis is needed to fully meet requirements. For example, the element must identify and analyze the housing needs of farmworkers relative to the region. Farmworkers may choose to live within a city to ensure higher access to services but travel to more rural areas of the city for work. Comparing Poway's farmworker population relative to the region would help fully describe the farmworker housing need. C. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) While the element provides outcomes for most programs, Program 16 must be revised to include more specific commitments during the planning period for persons with special housing needs. In this specific case, the program should commit to actions beyond a semi-annual review of HCD's Program Directory and establish more concrete actions to assist in the development in housing for persons with special housing needs. 2. Identify actions that will be taken to make sites available during the planning period HCD Review of City of Poway's 6th Cycle Housing Element July 9, 2021 61 of 62 Page 4
August 3, 2021, Item #7with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584. 09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. 3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B3, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. 4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities far all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B 1, the element does not fully meet the requirements for Affirmatively Furthering Fair Housing. The element must complete an analysis of impediments to fair housing and create targeted programs that will directly assist in mitigating these fair housing issues. HCD Review of City of Poway's 6th Cycle Housing Element July 9, 2021 62 of 62 Page 5