Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
AGENDA MATTER:
ADOPTION OF THE 2021-2029 6TH CYCLE HOUSING ELEMENT
EXECUTIVE SUMMARY:
Since 1969, California has required that all cities and counties adequately plan to meet the housing needs of everyone in their communities. This is accomplished through the adoption of a Housing Element, a required component of a local government’s General Plan. The General Plan is a long-range planning document that helps craft the vision of the City. The purpose of a Housing Element is to identify current and projected housing needs, and to set goals, policies, and programs to address those needs.
The City of Barstow has prepared a draft update to the Housing Element of the General Plan to affirmatively further fair housing and accommodate the 1,520 unit Regional Housing Needs Allocation (RHNA) for the 2021-2029 Housing Element cycle. The content of the draft 2021-2029 Housing Element is structured for consistency with the requirements set forth in state law. In addition to responding to requirements of state law, the Housing Element also demonstrates the City of Barstow‘s strategy to meeting the city’s locally determined housing needs, and that these needs are addressed through policies and programs outlined within the Housing Element. Public review and input has been a critical component of this 6th cycle Housing Element Update.
This staff report provides a summary of the Housing Element requirements, an overview of the status of the City of Barstow’s draft Housing Element, the findings provided to the city by the CA Department of Housing and Community Development (HCD) on the first 90-day review of the draft, and how the City has responded to HCD’s findings.
Attachments included with this staff report are as follows:
- Copy of the current draft 2021 - 2029 Housing Element as submitted to HCD August 28, 2024.
- Copy of the July 2024 Quick Guide to Revisions Made in Response to HCD Comments. - Copy of minor August 2024 revisions.
- Copy of the 2015-2020 Master Environmental Impact Report (EIR) DISCUSSION:
The City of Barstow’s 2021-2029 Draft Housing Element was prepared with the benefit of community, public agencies, local organizations, interest groups, Planning Commission, and City Council input and discussion at various public workshops over the course of the 4-year Housing Element Update preparation period. Workshops on the draft Housing Element were held by the City Council and guidance was also provided by HCD throughout the process.
Required Components of a Housing Element
Pursuant to Government Code Section 65583, local governments are required to include the below items as components within their Housing Elements, and subsequent updates thereto. Newly required Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
components introduced as part of the 6th Cycle are included in blue below and discussed in further detail within the “New Requirements for the 6th Cycle Housing Element Update” Section below.
1. Housing Needs Assessment: Examine demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities). This Section includes a community’s Regional Housing Needs Allocation (RHNA) as determined by a community’s regional planning body in partnership with HCD.
2. Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.
3. Housing Sites Inventory: Identify locations of available sites for housing development or redevelopment to demonstrate there is enough land zoned for housing to meet future need at all income levels. The standards for designating adequate sites were substantially changed from the sixth cycle, particularly for non-vacant sites.
4. Community Engagement: Implement a robust community engagement program that includes reaching out to individuals and families at all economic levels of the community plus historically underrepresented groups.
5. Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.
6. Policies and Programs: Establish policies and programs to be carried out during the 2021-2029 planning period to fulfill the identified housing needs.
7. AFFH: Analyze and address significant disparities in housing needs and access to opportunity by proposing housing goals, objectives, and policies that aid in replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
New Requirements for the 6th Cycle Housing Element Update Pursuant to recent State legislation, the following items are now required as part of the Housing Element Update process:
Affirmatively Furthering Fair Housing (AFFH). Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing. According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” and is Federally mandated by the 1968 Fair Housing Act. The four main goals are to:
o Address significant disparities in housing needs and in access to opportunity, and o Replace segregated living patterns with truly integrated and balanced living patterns, and o Transform racially and ethnically concentrated areas of poverty into areas of opportunity, and Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
o Foster and maintain compliance with civil rights and fair housing laws. Public Comment on Draft Revisions. Assembly Bill (AB)215 (2021), requires local governments to make the first draft revision of their housing element update available for public comment for at least 30 days. Further, if any comments are received, a local government must take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD. HCD must review the draft and report its written findings to the planning agency within 90 days of receiving the first draft submittal for each housing element revision or within 60 days of its receipt for a subsequent draft amendment or adoption.
Summary of Prior Meetings, Study Sessions, & Public Engagement Over the last 4 years, City of Barstow has conducted a comprehensive community engagement and outreach strategy as required by Government Code to assist in informing the 6th cycle Housing Element Update Process. This strategy has included a series of community meetings and a study session with City Council. These meetings and study sessions are summarized below. Feedback received throughout the ongoing community engagement and outreach process has assisted staff and the consulting team in preparing the draft Housing Element Update and related items.
Public Meetings & Engagement
February, 2020 - Re-Imagine Barstow
Re-Imagine Barstow was a community engagement workshop held on February 11, 2020, which allowed interested parties to be heard and their opinions incorporated into the planning process through means of survey questions and public comments. This workshop gathered 29 survey responses from interested parties. When respondents were asked about key words that come to mind with regard to their individual vision of housing within the City, they tended to answer with “home” (48.0%), “affordable” (38.0 percent), and “family” (24.0%), and through comments indicated the desire for solving housing need by concurrently rehabilitating and constructing housing that is appealing in order to allure and retain residents.
August, 2020 - Virtual Engagement Meeting & Survey
In August 2020, the City held a virtual engagement meeting and survey to gain insight regarding resident opinions on housing needs, projects, and services. Prior to the meeting, a pre-workshop survey was posted asking participants about housing and the AHSC grant. Attendees responded to poll questions during the meeting as well. When asked about the future of the Old Barstow Hospital site, residents identified the site as being most suited for housing (26% of votes) or commercial uses (20%).
May, 2021 - Online Housing Element Survey
In May 2021, the City posted an online survey on the City’s website and emailed it to stakeholders. The survey was available in English and Spanish. The majority of respondents live Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
and work in the City (97%), with more than half living in Barstow for more than 10 years (71%).
Most respondents (86%) lived in a single-family home. Respondents shared that the cost and affordability (63%), desirable neighborhoods (53%), and low crime rate/safety (48%) carried the most weight in their housing choices.
August - October, 2021 - Initial Draft and Adopted Housing Element Public Review The City’s initial Draft Housing Element was submitted on August 2, 2021 required prior to the passage of AB 215, which requires set periods of public review for the initial Draft (30 days) and subsequent draft Housing Elements (7 days). In an effort to meet the statutory deadline, the City adopted its Housing Element on October 12, 2021 after conducting outreach in August and making the document available for public review in September and October 2021. August, 2021 - Virtual Engagement Meeting
A virtual meeting was conducted on August 4, 2021, and allowed interested parties to be engaged in a more formal setting where they learned about the planning process, the components of the Housing Element, and the importance of their role in the development of the plan. This workshop was posted on the City’s website. Bilingual (English/Spanish) services were provided during the virtual meeting to engage a broad spectrum of community members. The workshop was held during a weekday evening, outside of traditional working hours, and streamed live via Zoom and the City’s Facebook page to facilitate participation. Prompting questions including identifying areas for housing-and fair housing-related issues led to meaningful feedback on their priorities and areas where they would like to see future growth. October 2021 - Public Review & Posting
Following the receipt of HCD’s comment letter on September 21, 2021, the City revised the Draft Housing Element and posted the revised Element on the City’s website and notified interested parties (allowing for more than the 7-day public review with posting) on October 1, 2021. On October 12, 2021, City staff presented the revised Draft Housing Element to the City Council for consideration and to allow for additional public comment. 2022 - 2024 - Additional Outreach and Revised Draft Housing Element Following HCD’s March 16, 2022 comment letter, the City conducted an additional outreach in tandem with its General Plan update (initiated later in 2022) to encourage and allow for additional public input.
Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
August 2022 - March 2023 - Stakeholder Meetings
The City led stakeholder meetings between August 2022 and April 2023 and met with 13 different collections of over 100 individuals representing local community organizations, public agencies, and interest groups: healthcare, real estate, education, homelessness, small business, Lenwood community, Marine Corps Logistics Base, youth sports, Silver Valley (Newberry Springs, Daggett, and Yermo), faith-based, seniors and veterans, students, the military, and Fort Irwin. The stakeholder input suggested a priority for creating living-wage employment options/careers and the development of new housing options, particularly for higher end market rate housing to attract more skilled workers that provide critical services (e.g., medical professionals). April, 2023 - Town Hall & Community Survey
The City launched an online bilingual Barstow community survey in April 2023 and received over 200 responses. The survey was intended to provide a platform where residents were able to inform city changes and be part of the General Plan Update, including the Housing Element. This survey had a Housing section, which asked respondents to identify their top three housing program priorities for the City. The top three housing programs the majority of respondents selected were: 1) provide regulatory and/or financial incentives for new developments to include affordable units; 2) pursue funding to rehabilitate existing homes; and 3) streamline permit processes for all types of housing.
The City of Barstow also held a Town Hall in April 2023 to present and discuss the General Plan Update (including Housing Element) and the Barstow International Gateway project. Over 300 people attended and expressed desires for additional living-wage jobs and economic development to spur new housing development and reinvestment in existing housing stock. March, 2024 - General Plan Update Open House and Scoping Meeting In March 2024, the City held a combined Open House and EIR Scoping Meeting on the General Plan Update, including the Housing Element. All material was made available in English and Spanish, with bilingual City staff and consultants onsite to facilitate conversations with all residents. The structure of this open house entailed different sections related land use changes, circulation and mobility, environmental justice, and housing. The City received substantial inperson comments from the over 200 attendees as well as written comments on EIR scoping for the General Plan update and Specific Plan for BNSF’s proposed new rail facility, both of which feed into the City’s housing planning, and directly on housing and related issues.
Study Sessions
May 3, 2021 - City Council Workshop - Introduction to the General Plan Update Past consulting City Planner, Rebecca Merrell presented the City Council with an introduction to the General Plan, including the Housing Element.
Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
The culmination of these efforts resulted in the preparation of and revisions to the draft Housing Element update.
On August 2, 2021, the City’s initial Draft Housing Element was submitted to HCD, prior to the passage of AB 215, which requires set periods of public review for the initial Draft (30 days) and subsequent draft Housing Elements (7 days). In an effort to meet the statutory deadline, the City adopted its Housing Element on October 12, 2021 after conducting outreach in August and making the document available for public review in September and October 2021.
On September 27, 2021, the Planning Commission conducted a public hearing and adopted a resolution recommending that the City Council approve the General Plan Housing Element.
On October 12, 2021, the City Council conducted a public hearing and adopted a resolution to approve the General Plan Housing Element.
In March 2022, the City received a formal response from HCD with a number of questions and comments about the draft Housing Element. Based upon those questions, staff revised the draft Housing Element to include additional information and analysis. Comments included the need for additional public outreach, prompting additional efforts noted above.
December 2022, the City retained PlaceWorks to assist with the General Plan Update (GPU) that kicked off in January 2023, including steps to complete the 6th Cycle Housing Element.
On June 25, 2024, the City published the changes on the City website for a 7-day public review period and requested public comment on those changes. The City received no comment letters during the June 25, 2024 - July 1, 2024 public review period.
On July 2, 2024, the City submitted the second draft of the Housing Element to HCD for review. HCD had 60 days to complete its review of the second draft.
On August 15, 2024, the City and consultant PlaceWorks met with and received notification from HCD of minor revisions needed to the city’s July 2024 draft. Staff and consultant, PlaceWorks quickly addressed the comments and due to the edits, were required to complete another 7-day review period.
On August 22, 2024, the City published the changes on the City website for a 7-day public review period and requested public comment on those changes. The City received no comment letters during the August 22, 2024 - August 28, 2024 public review period.
On August 29, 2024, the City submitted the revised draft of the Housing Element to HCD for review.
On August 30, 2024, the City received formal notification from HCD that the revised draft Housing Element, including revisions, meets the statutory requirements described in HCD’s March 2022 review.
ENVIRONMENTAL REVIEW
The proposed project meets the criteria for an exemption from the California Environmental Quality Act Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
Guidelines (CEQA) Section 153061(b)(3). Common Sense Exemption:
The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Policies, programs, and actions included in the Housing Element Update encourage housing production and outline steps for the future implementation of certain actions consistent with the existing Land Use Element of the General Plan. The zone text reflect state law and establishes land use regulations or new definitions and does not grant any land use entitlements nor rezone or change the General Plan land use designation for any properties. The adoption of the revised 2021-2029 Barstow Housing Element is further exempt from review under CEQA because the updated Housing Element maintains the same existing housing capacity, without any reduction, and thus the City Council relies on the prior environmental review prepared for the prior 5th planning cycle Housing Element, which is hereby incorporated by reference.
ANALYSIS
The Sixth Cycle amendments contained in the final draft Housing Element document being presented to the City Council have been reviewed by staff, the City Attorney’s office, and consultant PlaceWorks. Staff believes the amendments are in compliance with and satisfy the requirements of State housing laws and are consistent with the City’s General Plan.
That this General Plan Amendment will not adversely affect the objectives, policies, general land uses or programs specified in the General Plan because this proposal incorporates and is consistent with said objectives, policies, general land uses and programs identified in the plan; and That this General Plan Amendment will not be detrimental to the health, safety and general welfare of the residents in the community because this proposal is consistent with the Hazards Element of the General Plan and new development shall be subject to further environmental review/discretionary action; and That this General Plan Amendment will not adversely affect the orderly development of the properties and/or area as it is consistent with objectives, policies, general land uses and programs identified in the General Plan.
The Housing Element will substantially comply with State Housing Element Law when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.
FISCAL IMPACT:
None. Approval of the Housing Element meets State requirements but does not obligate the City to build affordable housing units instead it requires the City to plan for its share of affordable housing units.
RECOMMENDED ACTION:
Conduct public hearing and receive testimony.
Joint Special Council/BFPD
11/4/24 06:00 PM
Building
Christopher Heldreth
Resolution
Doc ID: 5799
COUNCIL AGENDA ITEM
Conduct discussion on the proposed Sixth Cycle amendments to the Revised Housing Element. Motion and second to adopt resolution approving the proposed amendments.