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Res 21-067RESOLUTION NO. 21-067 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). Resolution No. 21-067 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: MULLIN, FRANK, GROSCH, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: , Deborah Harrington, IntennyC y Clerk Steve Vaus, Mayor Resolution No. 21-067 1-STEVE VAUS, Mayor BARRY LEONARD, Deputy Mayor DAVE GROSCI-I, Councilmember CAYLIN FRANK, Councilmember JOI-IN 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 Resolution No. 21-067 Page 4 ATTACHMENT 1 CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST A. INTRODUCTION 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: City of Poway, Development Services 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: City of Poway 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. 1 Resolution No. 21-067 Page 6 EIS 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 3 Resolution No. 21-067 Page 8 EIS 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 - 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 Inclusionary 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 Resolution No. 21-067 Page 10 EIS 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 Tess 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. 7 Resolution No. 21-067 Page 12 EIS 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 options, an outstanding school district, a thriving business park, a broad range of dining and shopping opportunities, beautiful parks, and trails. Most of the City's residentially zoned land has already been developed with a diversity of housing types, including single-family homes, mobile home parks, townhomes, condominiums, 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 21080.3.1, 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 Luiseno 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 as discussed in this document. SUPPORTING DOCUMENTATION: City of Poway General Plan and EIR for the General Plan Poway Road Specific Plan and EIR 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. 9 Resolution No. 21-067 Page 14 EIS and Checklist C. EIS and Checklist I. a. ISSUE AESTHETICS. Except as provided in Public Code Section 21099, would the project: Have a substantial adverse effect on a scenic vista? POTENTIALLY SIGNIFICANT IMPACT POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED LESS THAN SIGNIFICANT IMPACT NO IMPACT X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? X c. 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? X d. II. 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 X 11 Resolution No. 21-067 Page 16 EIS and Checklist ISSUE POTENTIALLY SIGNIFICANT IMPACT POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED LESS THAN SIGNIFICANT IMPACT NO IMPACT a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? X c. Expose sensitive receptors to substantial pollutant concentrations? X d. Result those affecting .eoole? IV. BIOLOGICAL Would a. Have either modifications, identified or special regional regulations, Department U.S. in other emissions (such as leading to odors adversely a substantial number of RESOURCES.�v�' the project: a substantial adverse effect, directly or through habitat on any species as a candidate, sensitive, status species in local or plans, policies, or or by the California of Fish and Game or Fish and Wildlife Service? X X b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? X d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or X 13 Resolution No. 21-067 Page 18 EIS and Checklist ISSUE POTENTIALLY SIGNIFICANT IMPACT POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED LESS THAN SIGNIFICANT IMPACT NO IMPACT 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, including liquefaction? X iv) Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? X d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risk to life or property? X e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X 15 Resolution No. 21-067 Page 20 EIS and Checklist risk of loss, injury or death involving wildland fires? X. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X 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: X (i) result in substantial erosion or siltation on- or offsite? X (ii) substantially increase the rate or amount of surface runoff in a matter which would result in flooding on- or offsite; X (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or X (iv) impede or redirect flood flows? X d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X 17 Resolution No. 21-067 Page 22 EIS and Checklist extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of X re•Iacement housin• elsewhere? XV. PUBLIC SERVICES. 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 public services. i.Fire protection? X ii.Police protection? X iii. Schools? X iv. Parks? X v. Other •ublic facilities? XVI. RECREATION. 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? X X b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse X •h sical effect on the environment? XVII. TRANSPORTATION Would the project: a. Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? X c. Substantially increase hazards due to a geometric design feature (e.g.: sharp curves or dangerous X 19 Resolution No. 21-067 Page 24 EIS and Checklist b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X c. Result in the determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X d. Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X e. Comply with federal, state and local management and reduction statutes 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 emergency evacuation plan? X X b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c. 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? X d. 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? X 21 Resolution No. 21-067 Page 26 EIS 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: 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 Resolution No. 21-067 Page 28 EIS 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: 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 Resolution No. 21-067 Page 30 EIS 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 Tess 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: 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 Resolution No. 21-067 Page 32 EIS 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: 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 Resolution No. 21-067 Page 34 EIS and Checklist 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 Tess 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 Resolution No. 21-067 Page 36 EIS and Checklist does not allow for or provide housing. Therefore, no impacts would result. No mitigation is required. b. See response Xll.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: 33 Resolution No. 21-067 Page 38 EIS 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: 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 Resolution No. 21-067 Page 40 EIS 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 Luiseno 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 XVIII.a.i. above. XIX. UTILITIES AND SERVICE SYSTEMS: 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 Resolution No. 21-067 Page 42 EIS 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: 39 Resolution No. 21-067 Page 44 EIS and Checklist Attachment(s): Exhibit A Project Location Map t1 ott 24 nardo 1{Q Rancho B en-Iardo City of Poway on '17 Map Legend • California Coordinate Grid El • PLSS Township • PLSS Section 1 1-,a ,;t -:n /it i Carmel Mountain Rands \\, ms'irK`i ,11111 15j ;�C rvitI 1 %'c:4ay R ecti=7n 24 2111-1-1751) l r5 t7tl _, 'll C',t123 ,r. s;pOtt 2 - j-xta]t3tt t 5i at DM t-lj Get X,Y 32° 59.649' N, 117° 1.485' W 41