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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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:
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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
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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
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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:
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Attachment(s):
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