Poway City Council
April 2, 2024

April 2, 2024, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
April 2, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services f/4
Robert Manis, Director of Development Services
858-668-4601 or [email protected]

CITY COUNCIL
General Plan Amendment (GPA) 24-0001, Amendment to GPA 21-001 and 21-002; a Request to Adopt the City of Poway 2020-2029 Housing Element Each California municipality is required by Article 10.6 of the Government Code (Sections 65580- 65589.11) to adopt a housing element as a part of its general plan. Unique from other general plan elements, the housing element is subject to detailed statutory requirements and mandatory review by the California Department of Housing and Community Development (HCD). On August 3, 2021, the City Council approved the Draft 2020-2029 Housing Element. The City of Poway 2020-2029 Housing Element addresses statutory requirements and public feedback received during the review process.

Prior to the August 3, 2021 City Council public hearing, the City received comments from HCD on July 9, 2021 regarding an early submittal review. Staff worked with HCD to address their issues resulting in a formal submittal of a revised Draft Housing Element on October 30, 2022. After multiple submittals to HCD and conference calls with HCD staff, the Housing Element was submitted to HCD for the formal 60-day review on January 22, 2024. After two final edits were accepted, the City received a letter on March 13, 2024 stating the Housing Element meets the statutory requirements of State Housing Element Law. HCD requires the Housing Element be adopted by the City Council and submitted to HCD for final certification.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the resolution (Attachment A) approving GPA 24-0001 for the adoption of the City of Poway 2020-2029 Housing Element.

Discussion:

Background
State law requires local governments to meet housing goals by requiring all municipalities to prepare, implement, and update the housing element of its general plan. The Housing Element Update for the 1 of 56
April 2, 2024, Item #8
City
of
Poway
covers
June
30,
2020
to
April
15,
2029.

The
previous
Poway
Housing
Element
(2010-
2020)
was
adopted
in
2013. The
Housing
Element
Update
is
similar
to
the
2010-2020
Housing
Element,
except
that
updates
were
made
in
accordance
with
revisions
to
State
housing element
guidelines
and
statutes
and
to
address
public
feedback.

The
updates
resulted
in
a
new
residential
sites
inventory
that
identifies
new
affordable
housing
sites.

The
Public
Safety
Element
is
also
in
the
process
of
being
updated
to
meet
the
requirements
of
Senate
Bill
(SB)
1035
which
includes
requirements
to
reduce
wildfire
risk.

The
Draft
Public
Safety
Element
is
anticipated
to
be
released
for
review
later
this
year.

Preparation
of
the
Housing
Element
Update
included
two
community
workshops,
a
City
Council
workshop,
a community
survey,
a 60-day
public
review,
a 30-day
Negative
Declaration
environmental
review,
and
continuous
coordination
with
HCD
.

The
City
notified
various
housing,
community,
and
special
interest
groups,
including
groups
serving
affordable
housing
and
special
needs
populations
about
the
Housing
Element
Update
public
outreach
opportunities
. Public
comments
and
feedback
from
HCD
were
considered
in
the
Housing
Element
Update.

On
May
4,
2021,
the
City
Council
held
a public
workshop
where
staff
provided
an
overview
of
the
draft
Housing
Element
Update
and
the
public
feedback
and
HCD
corrections
received
up
to
that
point.

Requested
edits
from
the
City
Council
public
workshop
included
resolving
edits
requested
by
HCD
and
adding
funding
sources
to
the
programs
as
recommended
by
the
San
Diego
Housing
Federation.

The
City
Council
authorized
submittal
of
the
Draft
Housing
Element
Update
to
HCD
for
a 60-day
review
required
prior
to
adoption.

On
May
10,
2021,
staff
submitted
the
draft
Housing
Element
Update
to
HCD
for
a 60-day
review
which
concluded
on
July
9,
2021.

City
staff
coordinated
with
HCD
staff
on
several
revisions
during
a
presubmittal
review
and
during
the
60-day
review
period;
the
resulting
document
is
the
Housing
Element
Update.

Feedback
on
the
draft
document
was
positive.

HCD,
however,
requested
additional
information
and
revisions
to
the
document
to
address
State
law.

Revisions,
as
of
June
25,
2021,
included:
•
Chapter
1,
expanded
and
updated
public
participation
information;
•
Chapter
2,
expanded
information
related
to
: affirmatively
furthering
fair
housing,
housing
in
need
of
rehabilitation,
demographic
data,
and
special
needs
households;
•
Chapter
3,
expanded
information
related
to
:
compliance
with
transparency
laws,
housing
development
projects
seeking
vesting
rights
pursuant
to
SB
330
(the
Housing
Crisis
Act
of
2019),
development
standards
in
the
Poway
Road
Specific
Plan
area
and
water
and
wastewater
capacity
to
accommodate
the
Regional
Housing
Needs
Assessment
(RHNA)
projections.

Provided
clarifications
on
exactions
(e.g
., requiring
street
improvements),
fees,
construction
in
Very
High
Fire
Hazard
Severity
Zones
(VHFHSZ),
reasonable
accommodations,
market
constraints,
and
code
compliance
procedures;
•
Chapter
4,
provided
information
on
RHNA
credits,
development
trends,
site
availability,
capacity
assumptions,
opportunities
for
lot
consolidation,
site
analysis
effects
on
furthering
fair
housing,
and
financial
sources
for
the
development
of
housing;
•
Chapter
5,
provided
clarifications
on
programs
for
residents
with
special
needs;
•
Chapter
6,
provided
information
and
objectives
related
to:
housing
for
special
needs
groups,
financial
sources
for
the
development
of
housing,
construction
monitoring
for
accessory
dwelling
units
(ADUs),
parking
constraints,
and
housing
preservation.

Provided
clarifications
on
contributing
factors
to
affirmatively
furthering
fair
housing.

Added
objective
standards
2 of
56 April 2, 2024, Item #8
and
procedures
for
allowing
large
residential
care
facilities
and
group
homes
for
seven
or
more
persons
in
all
residential
zones
and
allowing
employee
housing
for
six
or
fewer
persons
subject
to
regulations
that
apply
to
other
residential
dwellings
of
the
same
type
in
the
same
zone.

On
July
9,
2021,
the
City
received
a letter
from
HCD
which
included
corrections
to
address
all
statutory
requirements
(Attachment
B).

These
corrections
were
generally
new
comments
provided
on
the
Draft
Housing
Element
Update.

Staff
submitted
revisions
to
address
comments
in
the
July
9,
2021
letter
from
HCD
after
several
discussions
and
informal
submittals
to
HCD
for
review.

Recommended
changes
were
incorporated
into
the
Housing
Element
Update
prior
to
formal
submittal
to
HCD
on
October
30,
2022
for
a 90-day
review.

Findings State
law
requires
local
governments
to
adequately
plan
for
the
housing
needs
of
all
economic
segments
(very
low,
low,
moderate,
and
above
moderate-income
households)
of
the
municipality.

The
law
states
that
all
jurisdictions
must
adopt
land
use
plans
and
regulatory
systems
which
provide
opportunities
for,
and
do
not
constrain,
housing
development.

Government
Code
Section
65583
states
that
each
jurisdiction
in
the
State
is
required
to
update
its
housing
element
to
accommodate
its
fair
share
of
regional
housing
needs.

A
major
component
of
the
housing
element
is
the
RHNA.

The
RHNA
prepared
and
allocated
by
the
San
Diego
Association
of
Governments
(SAN
DAG)
and
accepted
by
HCD,
is
the
total
number
of
housing
units
needed
to
meet
the
regional
demand.

Each
jurisdiction
is
required
to
accommodate
its
fair
share
of
units.

To
accommodate
means
that
zoning
is
in
place
and
sites
are
identified
where
the
units
could
be
located
. It
does
not
require
that
the
units
be
produced.

The
housing
unit
share
is
identified
by
income
categories
-very
low
(including
extremely
low),
low,
moderate,
and
above
moderate.

The
current
RHNA
is
an
eight-year
cycle
Uune
30,
2020
-April
15,
2029)
.

Poway's
housing
element
cycle
is
aligned
with
other
jurisdictions
in
the
San
Diego
region
as
all
are
required
to
update
their
housing
elements
at
the
same
time.

Poway's
fair
share
of
the
RHNA
is
1,319
units.

Poway
received
an
increase
(up
from
1,253
units)
from
the
previous
fifth
housing
element
cycle.

The
table
below
details
the
housing
unit
distribution
for
Poway
and
the
San
Diego
region
in
all
four
income
categories
as
required
by
State
law
for
the
2020-2029
housing
cycle.
3 of
56 Regional
Housing
Needs
Assessment
(RHNA)
6/30/20
to
4/15/29
Percent
of
Poway
Tota11
Total
Housing
Units
1,319
100%
Ve,y
Low
3 468

35.5%
Low
268

20.3%
Moderate
241

18.3%
Above
Moderate
342

25.9%
1SANDAG
Final
RHNAfor
the
City
of
Poway
2HCD
RHNA
Determination
for
the
San
Diego
Region
350%
to
be
Extremely
Low
Income
Region 171,685 42,332 26,627 29,734 72,992
Percent
of
Total2 100% 24.7% 15.5% 17.3% 42.5%
April 2, 2024, Item #8
The housing element is designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent and affordable housing within the community. The housing element presents a plan to achieve the City's housing goal while meeting the requirements of the State of California (Article 10.6 of the Government Code) and includes:
• Analysis of the previous housing element (2010-2020) and current housing factors (physical, fisca I, regulatory);
• Identification of constraints to achieving the housing goal including constraints to furthering fair housing; and
• Proposed modifications and refinements to the objectives, policies and programs identified in the 2010-2020 Housing Element.

Based on past success of affordable housing developments in the city, many of the goals and strategies identified in the 2010-2020 Housing Element will continue to be included in the Housing Element Update. The Housing Element Update programs in Chapter 6 address existing and new legislation pertaining to housing for special needs (emergency homeless shelters, transitional housing, supportive housing, low barrier navigation centers, etc.), Density Bonus law, SB 35 Permit Streamlining processes, No Net Loss provisions, updating the Public Safety Element, monitoring housing production during the RHNA cycle, and furthering fair housing. Many of the programs in the Housing Element have been updated based on previously discussed public comments, HCD recommendations to address State mandates and/or staff recommendations. Some of the notable policies and programs in the Housing Element Update, most of which can be implemented through adopted General Plan policies or with the adoption of Specific Plans, include:
• Encourage State and Federal agencies to reduce constraints to the provision of housing; • Encourage the State to allow cities to implement their RHNA and implement their visions for their communities without State intervention and provide sufficient funding for affordable housing;
• Continue to encourage SAN DAG and Caltrans to provide a multi-modal transit corridor along Scripps Poway Parkway and the SR-67 corridors to increase access to jobs and areas of opportunity;
• Discourage short term rental of one or more rooms or whole homes on a daily or weekly basis to preserve permanent housing;
• Encourage additional housing choices through the development of the Poway Road Specific Plan (PRSP).;
• Encourage diverse housing design with varying architectural styles, roof and siding materials, colors, and architectural projections while maintaining compatibility and unifying elements with the architecture in the surrounding area;
• Encourage building heights scaled to surrounding structures, increased landscape and trees, and private and common active and passive open space in housing projects; • Encourage connections (connectivity) between housing and essential services, parks, trails and related amenities promoting outdoor walking and biking opportunities; • Encourage traffic safety and reduced congestion with appropriate analysis as a part of new housing projects;
• Encourage the development of multigenerational housing through ADUs and junior ADUs; • Encourage safety within housing developments through Crime Prevention Through Environmental Design (CPTED), including increased pedestrian scale lighting; • Require new housing units in VHFHSZs to provide adequate fire access and suppression; 4 of 56
April 2, 2024, Item #8
• Ensure housing construction includes sufficient access including adequate street widths and load capacity along rural streets and curb, gutter, and sidewalk with street trees along nonrural streets;
• Require trail easements and related trail improvements and connections for appropriate use as a part of new housing unit construction to promote health and wellness and connectivity; • Create objective design standards for new housing projects as determined by the City Council.

As with the 2010-2020 Housing Element, the elimination of the redevelopment agency has had a profound impact on the City's affordable housings efforts. Redevelopment funds were a major funding source for affordable housing developments in the city. Based on past success of affordable housing developments in the city, many of the goals and strategies identified in the 2010-2020 Housing Element will continue to be included in the Housing Element Update. A critical factor to the actual production of affordable housing units will continue to be the identification of funding for housing and related programs.

The Housing Element Update consists of the following Chapters:
• Chapter 1 -Introduction: Provides a brief overview of the purpose and background for the Housing Element Update. It also includes State requirements with recent legislative amendments, a list of HCD required components, and a summary of public outreach and participation.
• Chapter 2 -Community Profile: A profile and analysis of the City's demographics, housing characteristics, existing and future housing needs, and a fair housing assessment per Assebmly Bill (AB) 686 that analyzes and addresses constraints to fair housing choice and includes impediments imposed by the State and federal governments. As required by HCD, the fair housing assessment includes an analysis of integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction including displacement risk.
• Chapter 3 -Constraints: An analysis of constraints to housing production and retention, including various market, governmental, and environmental limitations to meeting Poway's identified housing needs. Provisions for housing for special needs and constraints related to ADUs and providing housing within the Poway Road Specific Plan and the Farm in Poway Specific Plan areas are included. Constraints related to VHFHSZs is included (e.g., 30-foot setbacks). A new section on wildfire risk constraints is included. • Chapter 4 -Housing Resources: An overview of resources available to accommodate and provide housing for all income levels, including land available for new construction and financial and administrative resources available for housing in Poway. This chapter includes the new residential sites inventory to accommodate the RHNA. The RSI includes prospective AD Us, sites owned by the City or Poway Housing Authority, and Poway Road Specific Plan sites to meet the needs of the RHNA at all income levels. Villa De Vida (54 units), Poway Commons (97 units), and Apollo Apartments (43 units) are in the "Under Construction" section of the RSI.

The State allows Poway to meet its housing needs with sites that allow for up to 30 dwelling units per acre. No rezoning is proposed, and previous sites poised to be rezoned with the Affordable Housing Overlay Zone (AHOZ) were abandoned since the Poway Road Specific Plan 5 of 56
April 2, 2024, Item #8
sites
provide
sufficient
density
to
meet
State
requirements
.

HCD
provided
the
City
credit
in
the
RHNA
for
Fairfield
(212
units),
The
Farm
in
Poway
(160
units),
and
the
Outpost
(53
units).

Other
projects
not
in
the
RSI
are
accounted
for
in
the
Additional
Above
Moderate-Income
Sites
Inventory
(Attachment
A
of
the
Housing
Element
Update).
•
Chapter
5 -
Program
Accomplishments:

An
assessment
of
past
accomplishments
and
an
evaluation
of
programs
that
should
be
continued,
modified,
or
added
in
the
new
housing
cycle.

During
the
2010
to
2020
RHNA
planning
cycle,
488
of
the
1,253
housing
units
allocated
in
the
RHNA
were
constructed.

While
housing
needs
at
the
very
low
and
low-income
affordability
levels
were
met,
10 of
the
100
extremely
low-income
affordable
units
allocated
were
met.
•
Chapter
6 -
Housing
Plan:

Outlines
the
City's
overall
housing
goals,
objectives,
policies,
and
programs
over
the
housing
cycle
(2020-2029),
and
addresses
the
City's
identified
housing
needs
and
requirements
to
comply
with
State
law.

After
completion
of
the
90-day
review
by
HCD,
staff
worked
with
HCD
staff
through
meetings
and
informal
submittals
to
address
the
issues
they
had
raised.

Most
of
the
revisions
requested
focused
on
the
issues
that
were
raised
in
the
July
9,
2021
letter.

After
discussions
and
negotiations,
language
was
included
to
address
the
few
remaining
issues
that
HCD
had.

Prior
to
resubmittal
to
HCD
for
the
required
formal
60-day
review,
state
law
requires
the
housing
element
to
be
available
for
public
review
for
seven
days.

The
updated
Housing
Element
was
posted
on
the
City's
website
and
notice
was
sent
to
the
list
of
interested
parties
that
has
been
established
for
this
project.

The
Housing
Element
was
sent
to
HCD
on
January
22,
2024
for
the
60-day
review
along
with
two
letters
received
during
the
seven
day
public
review
period (Attachment
CJ.Just
prior
to
submittal
for
review,
the
City
received
one
final
edit
request
from
HCD
regarding
residential
care
facilities
for
seven
or
more
residents,
which
was
acceptable
to
the
City.

On
March
13,
2024,
the
City
received
a
letter
stating
that
the
Housing
Element
update
meets
the
statutory
requirements
of
State
Housing
Element
Law
and
will
substantially
comply
with
State
Housing
Element
Law
when
it
is
adopted
by
the
City
Council
and
submitted
to
and
approved
by
HCD
(Attachment
D).

The
2020
to
2029
Housing
Element
is
available
for
viewing
on
the
City's
website
(see
Attachment
E for
the
link).

Revisions
made
since
the
August
3,
2021
approval
are
based
on
the
July
9,
2021
letter
from
HCD
and
are
generally
summarized
as
follows:
•
Suitability
of
Nonvacant
Sites:

In
the
most
recent
Housing
Element
Update,
additional
information
was
added
to
explain
how
sites
in
the
residential
site
inventory
that
are
wholly
or
partially
developed
have
the
potential
for
redevelopment.

Examples
include
the
age
of
the
existing
structures,
zoning
within
the
Poway
Road
Specific
Plan,
size
of
the
parcel,
number
of
parking
spaces,
and
similarity
to
other
housing
projects
completed
within
the
same
zone
.

Additionally,
it
is
noted
that
there
is
limited
vacant
land
available
and
that
most
rural
lots
are
not
feasible
for
higher
density
or
affordable
housing.
•
Realistic
Capacity:

The
Housing
Element
Update
assumed
full
build
out
and
capacity
for
housing
on
some
sites
. Information
was
added
to
clarify
why
for
some
properties
it
was
assumed
that
proposed
housing
developments
would
be
at
full
capacity,
including
providing
information
on
the
increased
density
allowed
in
the
Poway
Road
Specific
Plan
and
the
higher
densities
that
are
being
developed
since
its
adoption.

Language
was
added
to
support
the
6 of
56 April 2, 2024, Item #8
determination.

For
example,
the
Poway
Road
Specific
plan
allows
up
to
35 dwelling
units
per
acre
with
incentives
and
community
benefits.
•
Updates
to
Chapter
6 Programs:

Information
was
provided
on
how
the
housing
programs
will
meet
timeline
targets,
geographic
targets,
and
established
metrics
to
set
realistic
and
specific
goals
for
housing
programs.

Examples
include
targeting
rental
and
owner
financial
assistance
to
foster
fair
housing
and
using
lower
density
lands
to
provide
further
opportunities
for
ADU
development.

ADU
projects
are
streamlined
and
non-discretionary;
therefore,
the
review
cycle
is
shorter
than
other
projects.

Commitments
are
included
to
proactively
reach
out
to
nonprofit
organizations,
special
needs
communities,
churches,
and
religious
institutions
regarding
housing
development
opportunities.
•
Governmental
Constraints:

More
information
is
provided
in
Chapter
3 discussing
the
design
review
process.

This
includes
the
City
offering
pre-applications
and
pre-development
conferences
free
of
cost
and
the
fact
that
Poway
does
not
have
a planning
commission.

Given
that
Poway
is
a
smaller
organization,
staff
is
available
to
meet
with
applicants
to
determine
what
steps
need
to
be
taken
to
get
a
project
started.
•
Housing
Programs:

More
committal
language
was
added
to
the
Housing
Element
by
removing
language
such
as
"consider"
or
"review"
to
create
concrete
actions
to
assist
in
the
development
of
housing
for
persons
with
special
needs.

This
includes
changing
the
Conditional
Use
Permit
(CUP)
requirements
for
residential
care
facilities
for
seven
or
more
residents
and
prioritizing
accessibility
for
special
needs groups
in
projects
involving
the
Poway
Housing
Authority
.

Community
Development
(Land
Use)
Element
Text
Amendment
(GPA
21-002)
Staff
also
recommends
a
minor
modification
to
the
Community
Development
(Land
Use)
Element
of
the
General
Plan
to
be
consistent
with
the
Housing
Element
Update
.

A
strikeout/underline
of
the
proposed
text amendment
references
the
Housing
Element
Update
and
the
RHNA
for
the
sixth
cycle
in
the
General
Plan
amendment.

The
revised
language
is
included
the
Resolution
(Attachment
A).

Environmental
Review:

As
required
under
the
California
Environmental
Quality
Act
(CEQA),
an
Environmental
Initial
Study
(EIS)
was
completed
for
the
project.

The
EIS
determined
that
the
project
would
not
have
a
significant
impact
on
the
environment and,
therefore,
does
not
require
any
mitigation.

A
Negative
Declaration
(ND)
was
prepared.

The
EIS
and
draft
ND
were
sent
to
the
State
Clearinghouse
for
distribution
and
review
by
relevant
state
agencies
(State
Clearinghouse
#2021060520)
for
a
required
30-day
public
review
and
comment
period
prior
to
the
August
3,
2021
City
Council
hearing.

The
ND
was
approved
by
the
City
Council
on
August
3,
2021
pursuant
to
Resolution
No.
21-067
(Attachment
F).

The
ND
is
adequate
to
address
the
Housing
Element
Update,
including
the
revisions
that
have
been
made.

Pursuant
to
Section
15162
of
the
CEQA
guidelines,
no
further
environmental
review
is
required
.

Fiscal
Impact:

None. 7
of
56 April 2, 2024, Item #8
Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
March
21,
2024.

The
notice
was
also
posted
on
the
City's
website
with
notification
e-mailed
to
all
names
on
the
list
of
interested
parties.

Attachments: A.

Resolution
approving
General
Plan
Amendment
24-0001
B.

HCD
Correction
Letter,
dated
July
9,
2021
C.

Letters
submitted
during
seven-day
review,
dated
January
2024
D.

HCD
letter
regarding
compliance
with
Housing
Element
Law,
dated
March
13,
2024
E.

City
of
Poway
2020-2029
Housing
Element
(on
file
in
the
Office
of
the
City
Clerk)
General
Plan
I Poway.

CA
-Official
Website
F.

Resolution
No.
21-067
adopting
a
Negative
Declaration
for
the
Housing
Element
Update
Reviewed/Approved
By:

Assistant
City
Manager
8 of
56 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Chris
Hazeltine
City
Manager
April 2, 2024, Item #8
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT (GPA) 24-0001 (AMENDMENT TO GPA 21-001
AND GPA 21-002) FOR THE ADOPTION OF CITY OF POWAY
2020-2029 HOUSING ELEMENT
WHEREAS, State Law requires that cities periodically update the Housing Element of the General Plan;
WHEREAS, California Government Code Section 65350, et. seq., describes the procedures for amending the General Plan;
WHEREAS, the City of Poway 2020-2029 Housing Element has been prepared pursuant to Article 10.6, Sections 65580-65589.11 of the California Government Code; WHEREAS, the City has held community workshops on the Housing Element Update on November 19, 2020 and April 29, 2021, a City Council Workshop on May 4, 2021, a public housing and public safety element survey, a 20-day Housing Element review, a 30-day State Clearinghouse Negative Declaration environment review, and numerous informal reviews and a 60-day formal review with the California Department of Housing and Community Development (HCD) to solicit public comment and has also notified community and special interest groups serving affordable housing and special needs populations about the public outreach opportunities that have been conducted throughout the process as further described in Chapter 1 of the Housing Element;
WHEREAS, on May 4, 2021, the City Council held a duly advertised public meeting and authorized submittal of the Draft 2020-2029 Housing Element to HCD for 60-day review and comment;
WHEREAS, on July 9, 2021, the City received a letter from HCD, which included written findings stating that the Draft 2020-20209 Housing Element does not address all statutory requirements with corrections provided to address all statutory requirements; WHEREAS, an Environmental Initial Study (EIS) and Negative Declaration (ND) for the 2020-2029 Housing Element was circulated for a required 30-day public review and comment period beginning on June 24, 2021 and ending on July 24, 2021, in accordance with California Environment Quality Act (CEQA) Guidelines Section 15105. The EIS and draft ND were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse #2021060520) for required 30-day public review and comment period. City Council has considered the EIS and ND, and public comments received on the EIS and ND; WHEREAS, the 2020-2029 Housing Element requires that the City also amend the City's General Plan. Text amendments to the Community Development (Land Use) Element of the General Plan have been prepared that are necessary for consistency with the City of Poway 2020- 2029 Housing Element;
WHEREAS, on August 3, 2021, the City Council held a duly advertised public hearing and approved Draft 2020-2029 Housing Element (GPA 21-001 and GPA 21-002) and adopted the ND for the project;
9 of 56 ATTACHMENT A
April 2, 2024, Item #8
Resolution No. 24-

WHEREAS, the Draft 2020-2029 Housing Element was submitted to HCD for review on October 30, 2022;
WHEREAS, City staff worked with HCD to address their issues and made revisions to the 2020-2029 Housing Element;
WHEREAS, on January 22, 2024, the revised 2020-2029 Housing Element was submitted to HCD for a formal 60-review;
WHEREAS, on March 13, 2024, the City received a letter from HCD stating that the revised 2020-2029 Housing Element meets the statutory requirements of State Housing Element Law;
WHEREAS, on April 2, 2024, 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: The above recitals are true and correct.

SECTION 2: The City Council considered the ND (EA 21-001) adopted on August 3, 2021, for the Draft 2020-2029 Housing Element. The ND is adequate to address the revisions made to the 2020-2029 Housing Element. In accordance with Section 15162 of the CEQA guidelines, no further environmental review is required.

SECTION 3: The City Council hereby approves GPA 24-0001 for adoption of the 2020- 20259 Housing Element incorporated herein by reference and amending the Community Development (Land Use) Element of the General Plan as specified below. Removals are indicated with strikethroughs and additions are indicated with underline.

SECTION 4: Page five, "Land Use Plan" section, paragraph four, of the Community Development (Land Use) Element of the General Plan (GPA 21-002) shall be amended as follows:

For the ~ 2020-2029 planning period for the Housing Element, the City was assigned a future housing need goal of~ 1,319 housing units (see Table 4-1 of the Housing Element).

The City is not required to build these units, but must show it has sites with adequate zoning and development standards that could accommodate the housing units during the planning period.

Table 4-4 4-5 in Chapter 4 of the Housing Element contains a site inventory for Very Low, Low and Moderate Income households demonstrating that there are adequate sites to meet the regional housing goal with the placement of the Affordable Housing Overlay Zone (AHOZ) on the sites as discussed in Chapter 4 of the Housing Element
SECTION 5: The City Council hereby authorizes the 2020-2029 Housing Element incorporated herein by reference to be submitted to HCD for final certification. 10 of 56
April 2, 2024, Item #8
Resolution No. 24-

SECTION 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
11 of 56
April 2, 2024, Item #8
STATE
OF
CAL

IEORNIA
-BUSINESS

CONSUMER

SERVICES
AND

HOUSING
AGENCY

DEPARTMENT
OF

HOUSING
AND

COMMUNITY

DEVELOPMENT

DIVISION
OF

HOUSING
POLICY

DEVELOPMENT
2020
W.

El
Camino
Avenue
. Su
ite
500
Sacramento,
CA
95833
(916)
263-2911
/ FAX
(916)
263
-7453
www
.hcd
.ca.go
v
July
9,
2021
Bob
Manis
, Director
of
Development
SeNices
Development
SeNices
Department
City
of
Poway
13325
Civic
Center
Drive
Poway,
CA
92064
Dear
Bob
Manis:

GAVIN
NEWSOM
Gavemor
RE:

Review
of
the
City
of
Poway's
6 th
Cycle
(2021-2029)
Draft
Housing
Element
Thank
you
for
submitting
the
City
of
Poway's
(City)
draft
housing
element
received
for
review
on
May
10,
2021
along
with
revisions
received
on
June
25,
2021
. Pursuant
to
Government
Code
section
65585,
subdivision
{b),
the
California
Department
of
Housing
and
Community
Development
(HCD)
is
reporting
the
results
of
its
review
. Our
review
was
facilitated
by
a
telephone
conversation
on
June
23,
2021
with
David
De
Vries,
City
Planner;
Austin
Silva,
Senior
Planner;
Scott
Nespor,
Associate
Planner;
and
Polina
Mitcheom,
Planning
Intern.

In
addition,
HCD
considered
comments
from
Chris
Cruse
pursuant
to
Government
Code
section
65585
, subdivision
(c)
.

The
draft
element
addresses
many
statutory
requirements;
however,
revisions
will
be
necessary
to
comply
with
State
Housing
Element
Law
(Article

10.6 of
the
Gov.

Code)
. In
particular,
the
Affirmatively
Furthering
Fair
Housing,
sites
analysis,
and
programs
sections,
amongst
other,
need
revisions
to
fully
comply
with
State
Housing
Element
Law.

The
enclosed
Appendix
describes
these,
and
other
revisions
needed
to
comply
with
State
Housing
Element
Law
.

As
a
reminder,
the
City's
6th
cycle
housing
element
was
due
April
15,
2021.

As
of
today
,
the
City
has
not
completed
the
housing
element
process
for
the
6th
cycle
. The
City's
5th
cycle
housing
element
no
longer
satisfies
statutory
requirements
. HCD
encourages
the
City
to
make
revisions
to
the
element
as
described
herein,
adopt,
and
submit
to
HCD
to
regain
housing
element
compliance.

As
a
reminder
, pursuant
to
Government
Code
section
65583.3,
the
City
must
submit
an
electron
ic
sites
inventory
with
its
adopted
housing
element.

The
City
must
utilize
standards
,
forms,
and
definitions
adopted
by
HCD.

Please
see
HCD's
housing
element
webpage
at
https
://www
.hc
d.ca
.gov
/co
mmun
ity-develop
m
ent/hous
ing-element/index
.shtml
for
a
copy
of
the
form
and
instructions
. The
City
can
reach
out
to
HCD
at
site
sinventory@hcd
.ca.qov
for
technical
assistance
.
12 of
56 ATTACHMENT
B
April 2, 2024, Item #8
Bob
Manis,
Director
of
Development
Services
Page2 To
remain
on
an
eight-year
planning
cycle,
the
City
must
adopt
its
housing
element
within
120
calendar
days
from
the
statutory
due
date
of
April
15,
2021
for
San
Diego
Association
of
Governments
(SAN
DAG)
localities
. If
adopted
after
this
date,
Government
Code
section
65588,
subdivision
(e)(4),
requires
the
housing
element
be
revised
every
four
years
until
adopting
at
least
two
consecutive
revisions
by
the
statutory
deadline.

For
more
information
on
housing
element
adoption
requirements,
please
visit
HCD's
website
at:
http
://www
. hcd
. ca
.gov
/c
ommunity
-deve
lopment/hou
sing
-element/housing-e
lement­
memos
/doc
s/sb375
final
100
413
.pdf
.

Public
participation
in
the
development,
adoption
and
implementation
of
the
housing
element
is
essential
to
effective
housing
planning.

Throughout
the
housing
element
process,
the
City
should
continue
to
engage
the
community,
including
organizations
that
represent
lower-income
and
special
needs
households,
by
making
information
regularly
available
and
considering
and
incorporating
comments
where
appropriate.

Several
federal,
state,
and
regional
funding
programs
consider
housing
element
compliance
as
an
eligibility
or
ranking
criteria.

For
example,
the
CalTrans
Senate
Bill
(SB)
1 Sustainable
Communities
grant;
the
Strategic
Growth
Council
and
HCD's
Affordable
Housing
and
Sustainable
Communities
programs;
and
HCD's
Permanent
Local
Housing
Allocation
consider
housing
element
compliance
and/or
annual
reporting
requirements
pursuant
to
Government
Code
section
65400.

With
a
compliant
housing
element,
the
City
meets
housing
element
requirements
for
these
and
other
funding
sources. HCD
appreciates
the
responsiveness
and
dedication
David
De
Vries,
Austin
Silva,
Scott
Nespor,
and
Polina
Mitcheom
provided
during
the
course
of
our
review.

We
are
committed
to
assisting
the
City
in
addressing
all
statutory
requirements
of
State
Housing
Element
Law.

If
you
have
any
questions
or
need
additional
technical
assistance,
please
contact
Jose
Ayala,
of
our
staff,
at
Jose
.Aya
la@hcd
.ca.go
v.

Sincerely, Shannan
West
Land
Use
&
Planning
Unit
Chief
Enclosure
13 of
56 April 2, 2024, Item #8

APPENDIX
CITY
OF
POWAY
The
following
changes
are
necessary
to
bring
the
City's
housing
element
into
compliance
with
Article

10.6 of
the
Government
Code
. Accompanying
each
recommended
change,
we
cite
the
supporting
section
of
the
Government
Code.

Housing
element
technical
assistance
information
is
available
on
HCD's
website
at
http
://
www
.hcd.ca.gov/community-d
eve
lopmenUhous
ing-elemenUhousing
-element­
memos
·.shtml.

Among
other
resources,
the
housing
element
section
contains
HCD's
latest
technical
assistance
tool,
Building
Blocks
for
Effective
Housing
Elements
(Building
Blocks},
available
at
http
://www.h
cd.ca
.gov/community
-devel
opmenUbuild
ing-b
locks
/index
.shtml
and
includes
the
Government
Code
addressing
State
Housing
Element
Law
and
other
resources.

A.

Review
and
Revision
Review
the
previous
element
to
evaluate
the
appropriateness,
effectiveness,
and
progress
in
implementation,
and
reflect
the
results
of
this
review
in
the
revised
element.
(Gov.

Code,
§
65588
(a)
and
(b).)
The
element
reviews
the
5 th
cycle
programs
but
does
not
provide
a
specific
review
for
programs
regarding
the
effectiveness
of
the
5 th
cycle
programs
for
meeting
the
community's
special
housing
needs
. An
analysis
must
be
provided
for
the
cumulative
impact
of
the
previous
housing
element's
programs
to
address
the
housing
needs
of
special
needs
populations.

The
element
should
specifically
look
at
programs
targeted
for
special
needs
populations
and
provide
a
narrative
analysis.

8. Housing
Needs,
Resources,
and
Constraints

1. Affirmatively
further[ing]
fair
housing
in
accordance
with
Chapter
15 (commencing
with
Section
8899
.50)
of
Division
1 of
Title
2 ... sha/1
include
an
assessment
of
fair
housing
in
the
jurisdiction
(Gov.

Code,
§
65583,
subd.
(c)(10)(A).)
Additional
analysis
is
required
to
meet
the
statutory
requirements.

In
particular,
the
element
must
analyze
the
enforcement
and
outreach
capacity
trends
and
patterns
at
the
regional
level.

Currently,
the
element
only
analyzes
this
data
at
the
local
level.

Additionally,
the
element
must
analyze
trends
and
patterns
of
race
at
the
regional
level.

Currently,
the
element
only
analyzes
the
trends
and
patterns
at
the
local
level.

Moreover,
the
element
must
analyze
the
economic
access
to
opportunity
at
the
regional
level;
currently,
the
element only
analyzes
the
data
at
the
local
level.

In
addition,
more
information
is
needed
to
fully
analyze
the
disproportionate
housing
needs
at
the
local
and
regional
level.

At
the
local
and
regional
level,
the
element
must
analyze
the
homeless
housing
need.

Additionally,
at
the
regional
level,
the
element
must
analyze
cost
burden
and
substandard
housing.

Next,
the
element
must
also
look
at
other
relevant
factors
that
contribute
to
fair
housing
issues
in
the
jurisdiction.

To
meet
this
requirement,
the
element
should
consider
information
beyond
data
that
identifies
and
compares
concentrations
of
groups
with
protected
characteristics.

HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
14 of
56 Page
1 April 2, 2024, Item #8
Additionally
, the
element
must
analyze
how
the
sites
inventory
affirmatively
furthers
fair
housing.

For
example,
the
element
should
analyze
whether
and/or
how
concentrating
the
lower-income
housing
need
in
the
portion
of
the
City
that
has
the
most
non-white
and
less
affluent
residents
furthers
the
goals
of
fair
housing
.

Lastly,
the
element
must
include
programs
that
(1)
enhance
housing
mobility
strategies
, (2)
encourage
development
of
new
affordable
housing
in
areas
of
opportunity,
(3)
improve
place-based
strategies
to
encourage
community
revitalization
, including
preservation
of
existing
affordable
housing,
and
(4)
protect
existing
residents
from
displacement.

Currently,
the
programs
listed
in
the
element
are
not
sufficient
to
take
any
meaningful
actions
in
combating
fair
housing
issues
in
Poway
. The
actions
must
directly
target
the
contributing
factors
to
fair
housing
issues
and
have
a
quantifiable outcome.

2. An
inventory
of
land
suitable
and
available
for
residential
development,
including
vacant
sites
and
sites
having
realistic
and
demonstrated
potential
for
redevelopment
during
the
planning
period
to
meet
the
locality's
housing
need
for
a
designated
income
level,
and
an
analysis
of
the
relationship
of
zoning
and
public
facilities
and
services
to
these
sites
. (Gov.

Code,
§
65583,
subd.
(a)(3).)
The
City
has
a
regional
housing
need
allocation
(RHNA)
of
1,319
housing
units,
of
which
736
are
for
lower-income
households.

To
address
this
need,
the
element
relies
on
vacant,
nonvacant,
and
sites
located
in
the
Poway
Road
Specific
Plan
(PRSP).

To
demonstrate
the
adequacy
of
these
sites
and
strategies
to
accommodate
the
City's
RHNA,
the
element
must
include
complete
analyses.

Progress
in
Meeting
the
RHNA:

The
element
indicates
(pages
4-6)
that
144
units
affordable
to
low-income
households
have
been
built
or
are
under
construction
or
approved
but
provides
no
information
documenting
how
affordability
of
the
units
was
determined
. As
you
know,
the
City's
RHNA
may
be
reduced
by
the
number
of
new
units
built
since
June
30,
2020;
however,
the
element
must
describe
the
City's
methodology
for
assigning
these
units
to
the
various
income groups
based
on
actual
sales
price
or
rent
level
of
the
units
and
demonstrate
their
availability
in
the
planning
period
. Currently
, the
element
states
that
over
the
last
few
years
projects
have
had
deed
restrictions
to
ensure
affordability.

While
this
information
is
useful,
the
element
must
describe
how
6 th
cycle
RHNA
credits
are
assumed
to
be
affordable.

Realistic
Capacity:

While
the
element
provides
some
information
regarding
realistic
capacity,
the
element
must
also
describe
the
methodology
used
to
assume
realistic
capacity
for
all
sites
. For
example,
Sites
23-30
assume
full
build-out
without
any
supporting
information
on
how
this
assumption
was
calculated
. While
these
sites
are
residentially
zoned
, the
element
must
describe
past
projects,
incentives,
and
other
factors
that
support
full
build-out
of
these
sites
. Furthermore,
the
analysis
on
Pages
4-19
concludes
that
past
projects
located
in
the
PRSP
have
averaged
27 dwelling
units
per
acre,
but
the
development
assumptions
for
sites
listed
in
the
PRSP
is
30 dwelling
units
per
acre.

In
addition,
most
of
the
sites
located
in
the
PRSP
are
not residentially
zoned
sites;
the
element
must
account
for
the
potential
for
non-residential development
in
these
non
-residential
zones
in
its
development
assumptions
.

HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
15 of
56 Page
2 April 2, 2024, Item #8
Zoning
for
Lower
Income
Households:

The
element
relies
upon
the
City's
inclus
ionary
housing
requirement
to
accommodate
the
regional
housing
need
for
lower-income
households
on
Site
23 and
Site 25.

However
, identifying
potential
results
of
an
inclusionary
zoning
ordinance,
by
itself
, is
not
sufficient
or
appropriate
to
demonstrate
the
adequacy
of
a
zone
to
accommodate
housing
affordable
to
lower-income
households;
therefore,
HCD
is
not
considering
the
unit
potential
for
lower-income
on
these
sites
when
assessing
the
adequacy
of
sites
to
accommodate
the
RHNA
for
lower
income.

Suitability
of
Nonvacant
Sites
: While
the
element
includes
some
recent
developments
(Pages
4-20)
_to
demonstrate
past
experience,
it does
not
explain
how
those
developments
relate
to
zoning
, existing
uses,
densities,
and
the
listed
sites
in
the
inventory.

To
analyze the
extent
that
existing
uses
may
impede
additional
residential
development,
the
element
should
also
include
information
on
whether
existing
uses
are
operating,
have
been
operating,
or
whether
they
are
or
not
anticipated
to
continue
operating.

The
element
can
also
analyze
the
age
of
the
structure,
structural
conditions
or
other
circumstances
and
trends,
lease
information,
market
conditions,
and
regulatory
or
other
incentives
or
standards
to
encourage
additional
residential
development
on
these
sites
to
demonstrate
redevelopment
potential.

Infrastructure
: While
the
element
describes
water
and
sewer
infrastructure,
it
must
also
demonstrate
sufficient
existing
or
planned
dry
utilities
supply capacity,
including
the
availab
ility
and
access
to
distribution
facilities
to
accommodate
the
City's
regional
housing
need
for
the
planning
period
(Gov
. Code
,§
65583
.2,
subd.
(b)-).

For
additional
information
, see
the
Building
Blocks
at
https
://
www
.hcd
.ca
.gov/commu
nity
­
deve
lopm
en
Ub
uil
dinq
-bloc
ks/site-
inv
ent
ory-ana
lysis/ana
lysis
-of
-sites
-and
­
zoninq
.shtml.

3. An
analysis
of
potential
and
actual
governmental
constraints
upon
the
maintenance,
improvement,
or
development
of
housing
for
all
income
levels,
including
the
types
of
housing
identified
in
paragraph
(1)
of
subdivision
(c),
and
for
persons
with
disabilities
as
identified
in
the
analysis
pursuant
to
paragraph
(7),
including
land
use
controls,
building
codes
and
their
enforcement,
site
improvements
, fees
and
other
exactions
required
of
developers,
and
local
processing
and
permit
procedures
. The
analysis
shall
also
demonstrate
local
efforts
to
remove
governmental
constraints
that
hinder
the
locality
from
meeting
its
share
of
the
regional
housing
need
in
accordance
with
Government
Code
section
65584
and
from
meeting
the
need
for
housing
for
persons
with
disabilities,
supportive
housing,
transitional
housing
, and
emergency
shelters
identified
pursuant
to
paragraph
(7).

Transitional
housing
and
supportive
housing
shall
be
considered
a
residential
use
of
property
and
shall
be
subject
only
to
those
restrictions
that
apply
to
other
residential
dwellings
of
the
same
type
in
the
same
zone
. (Gov.

Code,
§
65583
, subd
. (a)(5).)
Design
Review
: While
the
element
provides
a
general
overview
of
the
design
review
process
, the
element
must
analyze
the
effects
of
design
review
on
the
cost
and
length
of
the
approval
process,
and
whether
design
review
is
a
constraint
to
housing
development
in
the
City
.

HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
16 of
56 Page
3 April 2, 2024, Item #8
lnclusionary
Housing
: The
element
must
analyze
the
effects
of
the
inclusionary
housing
requirements
on
the
development
of
hous
ing
for
all
income
levels,
specifically
housing
supply,
and
affordability
. Namely,
the
element
should
provide
greater
detail
on
the
effects
of
the
inclusionary
housing
requ
irements
on
the
development
of
housing
, and
whether
the
inclusionary
housing
requirements
are
having
the
intended
impact.

Constraints
on
housing
for
Persons
with
Disabilities:

While
the
element
describes
its
definition
for
"family"
does
not
pose
a
constraint,
the
element
does
not
include
the
definition
of
family
in
the
element.

The
element
must
describe
the
zoning
code
definitions
of
family
and
analyze
the
impact
of
the
definition
on
housing
for
persons
with
disabilities.

4. Analyze
any
special
housing
needs
such
as
elderly;
persons
with
disabilities,
including
a
developmental
disability
; large
families;
farmworkers
; families
with
female
heads
of
households
; and
families
and
persons
in
need
of
emergency
shelter.
(Gov
.

Code,
§
65583,
subd
. (a)(7).)
The
element
provides
a
general
overview
of
the
special
housing
needs
of
farmworkers,
but
additional
analysis
is
needed
to
fully
meet
requirements
. For
example,
the
element
must
identify
and
analyze the
housing
needs
of
farmworkers
relative
to
the
region
. Farmworkers
may
choose
to
live
within
a
city
to
ensure
higher
access
to
services
but
travel
to
more
rural
areas
of
the
city
for
work.

Comparing
Poway's
farmworker
population
relative
to
the
region
would
help
fully
describe
the
farmworker
housing
need.

C.

Housing
Programs

1. Include
a
program
which
sets forth
a
schedule
of
actions
during
the
planning
period,
each
with
a
timeline
for
implementation,
which
may
recognize
that
certain
programs
are
ongoing,
such
that
there
will
be
beneficial
impacts
of
the
programs
within
the
planning
period,
that
the
local
government
is
undertaking
or
intends
to
undertake
to
implement
the
policies
and
achieve
the
goals
and
objectives
of
the
housing
element
through
the
administration
of
land
use
and
development
controls,
the
provision
of
regulatory
concessions
and
incentives,
and
the
utilization
of
appropriate
federal
and
state
financ
ing
and
subsidy
programs
when
available.

The
program
shall
include
an
identification
of
the
agencies
and
officials
responsible
for
the
implementation
of
the
various
actions
. (Gov
. Code
, §
65583,
subd.
(c).)
While
the
element
provides
outcomes
for
most
programs,
Program
16 must
be
revised
to
include
more
specific
commitments
during
the
planning
period
for
persons
with
special
housing
needs
. In
this
specific
case,
the
program
should
commit
to
actions
beyond
a
semi-annual
review
of
HCD's
Program
Directory
and
establish
more
concrete
actions
to
assist
in
the
development
in
housing
for
persons
with
special
housing
needs.

2. Identify
actions
that
will be
taken
to
make
sites
available
during
the
planning
period
HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
17 of
56 Page4
April 2, 2024, Item #8
with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584. 09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory­ built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code,§ 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B3, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element does not fully meet the requirements for Affirmatively Furthering Fair Housing. The element must complete an analysis of impediments to fair housing and create targeted programs that will directly assist in mitigating these fair housing issues.

HCD Review of City of Poway's 6th Cycle Housing Element July 9, 2021
18 of 56

April 2, 2024, Item #8
Bob Manis
Director of Development Services
City of Poway,
13325 Civic Center Drive,
Poway, CA 92064
Housing Element 2020-2029, January 2024
Dear Mr. Manis:

Nicholas Carruthers
1470 Silver Heights Road
Poway, CA 92064
January 17th 2024
First, let me thank you for the opportunity to provide input with respect to development and, perhaps more importantly, the construction of new housing within the City of Poway.

In the Housing Element update several sites in the city are identified for housing development with some emphasis on suitability for low/moderate income families and this is a laudable objective. We should recognize that many folks desire affordable housing within the city of their employment. Along these lines I am thinking of health care workers, grocery store employees, teachers and public safety personnel for whom a traditional single-family home (at least by Poway standards) may be out of reach. My criticism of the City's approach to this endeavor is that rather than distribute affordable housing evenly across the City the focus has become an asymmetric distribution, with one exception, of development in what one may consider South Poway. Much of this is a result of Proposition FF which applies questionable constraints to development in areas captured by Proposition FF and effectively forces higher density development south of Twin Peaks Road and clustered along Poway Road. The new construction along Poway Road has come nowhere near to the expectations of citizens surveyed in 2020 (see, Introduction, section H). From section H, the first four bullet points, lots of "encouragement" but realistically no meaningful delivery. My comments highlighted. • Encourage additional housing choices through the development of the PRSP which provides mixed use housing development, apartments, condominiums, and townhomes adjacent to essential services. Housing for seniors but remainder is market rate • Encourage reduced building heights and increased landscape and trees and private and common active and passive open space in housing projects with consideration to maximizing density. Four story buildings with minimal setbacks, Fairfield • Encourage connections (connectivity) between housing and essential services, parks, trails and related amenities promoting outdoor walking and biking opportunities. No expansion or addition of parks; cycling along PQway Road has become a dangerous sport
• Encourage traffic safety and reduced congestion with appropriate analysis as a part of new housing projects. Poway Road is now congested with the Poway/Community Road and Poway/Midland Road junctions hazardous to cyclists and pedestrians. 19 of 56 ATTACHMENT C
April 2, 2024, Item #8
With respect to Proposition FF, this may be viewed as an exclusionary zoning practice and I reference an article in the New York Times1 referring to this phenomenon as "the new redlining". Consequently, I strongly encourage you to develop affordable housing throughout the City. In this way more individuals supporting our community would have the ability to reside in the City and take advantage of the educational and social opportunities that Poway provides. Ultimately this may need for the elimination of Proposition FF to free large tracts of land for development and lead to a more equitable distribution of responsibilities.

I have only focused on one aspect of the Housing Element, although I appreciate the opportunity to make comments, and I encourage you to continue to engage citizens in order to guide future decisions.

Thank you, Nicholas Carruthers Ph.D
E-mail: [email protected]
Mobile: (858)-366-5037
1 Kahlenberg, New York Times; April 19th 2021
20 of 56
April 2, 2024, Item #8
January
15,
2024
From:

Chris
Cruse
To:

Bob
Manis,
City
of
Poway
Re:

Poway
Revised
Housing
Element,
January
2024
.General
Comments
The
rezoning
of
Poway
Road
has
resulted
in
much
higher
densities,
and
a
wider
variety
of
housing
types,
but
it
has
not
resulted
in
a
substantial
increase
of
low
and
moderate
income
housing
in
Poway.

With
the
exception
of
one
project,
all
of
the
new
Poway
Rd
developments
are
market
rate,
with
condos
selling
for
close
to
a
million
dollars.

The
council
approved
the
PRSP
because
"Our
kids
could
not
afford
to
live
in
Poway
when
they
grew
up"
..

Unless
the
kids
are
making
over
$200,000
per
year,
they
cannot
afford
that
new
housing
on
Poway
RD.

Increasing
density did
not
make
the
new
housing
more
affordable.

No
new
homes
are
being
built
in
Poway
that
sell
for
less
than
$1
million.

Poway's
entire
RHNA
allotment
for
moderate
income
units
is
assigned
to
ADU
rentals
that
may
or
may not
actually
be
available
to
rent,
and
may
or
may
not
be
affordable
to
moderate
income
households.

The
lack
of
new affordable
housing
that
moderate
income
families
can
purchase
is
driving
up
the
prices
of
resale
homes
that
were
traditionally
sold
to
moderate
income
families
in
Poway
. Those
homes
are
now
selling
for
close
to,
and
over
a
million
dollars.

The
Poway
Rd
corridor
was
rezoned
specifically
to
accommodate
housing
at
densities
that
would
make
it possible
for
developers
to
build
low
and
moderate
income
housing
to
meet
the
RHNA
low
and
moderate
housing
requirements.

With
the
exception
of
one
project
for
seniors
on
city-owned
land,
developers
have
shunned
building
any
low
or
moderate
income
housing
for
more
profitable
and
expensive
housing
on
Poway
Road.

The
city
approved
The
Farm
Specific
Plan
in
2020.

This
rezoning
also
did
not
result
in
any
low,
very
low
or
moderate
income
units
being
built.

The
160
units
at
The
Farm
are
selling
for
$1
-$3
million. The
Harmon
Ranch
Specific
Plan,
another
development
that
involves
a
general
plan
amendment
and
a
rezone
of
RS-
7 parcels,
is
working
its
way
through
the
planning
process
right
now.

There
are
no
low,
very
low,
or
moderate
units
proposed
for
that
project.

The
city
council
will
soon
decide
on
whether
they will
give
the
developer
an
increase
in
density
to
build
on
the
flood
plain
in
south
Poway,
without
requiring
that
any
low
or
moderate
units
be
built.
21 of
56 April 2, 2024, Item #8
With one exception, the rezoning of land in Poway is not targeted at producing any low or moderate income housing. It is primarily being utilized by developers to build more expensive housing at a greater profit.

My concern is that the low, very low and moderate units required to fulfill the RHNA won't be built, as both the city and the state are incentivizing building larger, and more expensive housing. I have no concerns that the above-moderate income part of the RHNA will be built. In fact, I think it will be greatly exceeded.

Constraints: Affirmatively Furthering Fair Housing -Location The housing element mentions a considerable number of constraints that make it difficult to "affirmatively further fair housing" by building low or moderate income housing in north Poway. I find that the city is very inconsistent in applying the rationale for these constraints, and that the excuses the city gives for not building low or moderate income housing in north Poway, doesn't apply when those same circumstances exist in south Poway.

The Housing Element states that "The other two concentrated areas of non-white populations are the areas east of Pomerado Road and south and north of Poway Road and the areas north of Poway Road between Community Road and Midland Road and east of Midland Road. These areas consist of higher Asian, Hispanic and Other Race populations and housing types include a mix of apartments and single-family residences. Areas with higher white populations include mostly single-family residences on larger lots which will decrease with the inclusion of accessory dwelling units. " In another section of the housing element, the city claims that the RHNA units are not in areas of higher concentration of minorities, but in whiter areas:: "In addition to ADUs, Figures 2-22, 2-23, and 2-24 show that the Proposed RHNA sites shown in Figure 2-21 (basemap for Figures 2-22, 2-23, and 2-24) were carefully placed to help further fair housing by placing housing required for the RHNA in either an area that is more predominantly White or that is of lower income which continues to encourage inclusion within the City." In fact, the vast majority of RHNA designated locations are in the areas where there already is a higher concentration of minorities and people of lower incomes living in apartment houses.

But since Poway has not built any workforce or family affordable housing since 2007, and has no plans to build more, only a limited number of people living in this area would be eligible for 22 of 56
April 2, 2024, Item #8
the
senior
housing
project
that
was
built
on
Poway
Rd
. The
future
project
on
Monte
Vista
is
designated
for
veterans
and
developmentally
disabled
adults,
which
is
a
limited
group
of
people
who
need
affordable
housing.

The
RHNA
units
are
not
located
in
the
"Whitest
areas
in
Poway"
.

Affirmatively
Furthering
Fair
Housing
-Geographical
Constraints
According
to
the
housing
element:
".

Figure
2-23
shows that
both
existing
and
proposed
affordable
units
are
well
dispersed
throughout
the
community
and
do
not
present
a
geographic
barrier
to
obtaining
affordable
housing.

As
shown,
the
majority
of
the
City
is
constrained
because
of
areas
within
the
Very
High
Fire
Hazard
area,
the
Habitat
Conservation
Plan
Mitigation
area,
the
Proposition
FF
(voter
approval
for
higher
density)
area,
and
areas
within
the
Open
Space
Resource
Management
(OS-RM)
zone.

While
some
of
these
constrained
areas
allow
for
low
density
single-family
residences,
much
of
the
area
is
preserved
open
space.

However,
because
of
the
prevalence
of
large
lot
single-family
residences,
these
constrained
areas
present
an
opportunity
to
construct
ADUs
and
JADUs.

Approximately
325
prospective
ADUs
are
anticipated
to
be
constructed
during
the
6th
housing
element
cycle
in
areas
anticipated
to
further
fair
housing.

With
ADUs
and
the
adoption
of
the
PRSP,
the
City
has
the
ability
to
meet
the
anticipated
future
affordable
housing
needs
of
the
community.

However,
it's
important
to
note
that
many
of
the
constrained
areas
have
limited
or
no
access
to
sewer
or
water
and
are
missing
essential
services
and
access
to
employment
centers,
transit,
commercial
retailers
with
grocers,
medical
services,
community
facilities
and
services
like
libraries
and
the
Mickey
Cafagna
Community
Center,
and
parks,
etc.

While
the
ADU's
will
help further
fair
housing
by
integrating
multi-family
uses
in
single-family
residential
areas,
most
prospective
ADU
sites
are
away
from
essential
services
and
areas
of
opportunity.

Conversely,
the
PRSP
area
is
surrounded
by
essential
services
and
is
considered
an
ideal
area
of
opportunity.

The
proposed
affordable
sites
within
the
PRSP
from
Table
4-5
coupled
with
ADUs
are
dispersed
throughout
the
community
to
further
fair
housing
for
all
persons
regardless
of
race,
religion,
sex,
marital
status,
ancestry,
national
origin,
color,
familial
status,
or
disability,
and
other
characteristics
protected
by
FEHA."
These
geographical
constraints
are
more
profound
in
north
Poway.

For
example,
the
only
north
Poway
parcel
that
is
on
the
RHNA
housing
list
is
a
parking
lot
in
the
hospital
next
to
Pomerado
Rd.

All
of
the
other
sites
are
in
south
Poway.

One
of
the
sites
in
south
Poway
is
the
Big
Stone
Lodge
site,
which
contains
a
creek,
floodway
and
floodplain
and
is
in
Poway's
habitat
area
and
it
is
also
in
the
high
fire
zone.

This
parcel
was
bought
by
Poway's
redevelopment
agency
and
the
city
declared
that
the
building
was
an
historic
building
and
the
land
itself
was designated
as
an
historic
passive
park.

Durng
the
redevelopment
wind-down,
the
city
asked
the
state
to
let
23 of
56 April 2, 2024, Item #8
them keep this parcel to use as an historic passive park, which they said was the highest and best possible use for it. When the state granted the request, the city took possession of the deed and sold it to their housing authority and transferred the sale money ($800,000) to a fund to build a new community center. Now, the city wants to tear down the Big Stone Lodge building (with housing funds) and build affordable housing on a parcel with the very same constraints that prevent affordable housing from being built in north Poway.

In fact, much of the residential area of Green Valley, in north Poway, is not in a habitat area or a high fire area. It is constrained by Prop FF, a voter initiative, that requires a vote of the public to increase density on rural residential zoned land.

S89 Lot Splits disallowed on rural residential lots in Poway In addition to no designated RHNA sites in Green Valley, the city is apparently refusing to allow S89 lot splits on north Poway parcels that are zoned rural residential, but not in a habitat area or high fire area.
https://poway.org/DocumentCenterNiew/8713/SB-9-Developments--Urban-Lot-Splits-General-ln formation-PDF?bidld=
This conflicts with the fact sheet from the state on where S89 lot splits can occur.

The fact sheet says that SB 9 lot splits can occur in any residential zone where the primary use is single family homes.
https://www.hcd.ca.gov/docs/planning-and-community-development/sb9factsheet.pdf 24 of 56
April 2, 2024, Item #8
Single-Family Residential Zones Only
(Reference: Gov: Code,§§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multi­ family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 "Single­ Family Residential"), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.

California Department of Housing and Community Development -SB 9 Fact Sheet Most of Green Valley residential areas are zoned for single-family residences, and nothing else.

Most of these lots are large, which is pretty much what defines them as being "rural". In fact, they are single family residences on large suburban lots.

Transportation Constraints
It is incredibly ironic that the new Farm development, which is in north Poway, is in an area that the housing element says is constrained by a lack of public transportation. The EIR for The Farm, which was approved by the Poway City Council in June, 2020, claimed a deduction in ADT (average daily car trips) because the project (or at least a tiny part of it) was within ½ mile of public transportation. In fact, the only bus that stops on Espola Rd, circulates around Poway 2x in the morning and 2x in the afternoon on school days only, picking up and dropping off students at the nearby high school.

The City Council not only accepted the EIR that claimed this deduction, but the Director of Development Services was ready to ministerially approve a specific plan change to The Farm with hundreds of additional deductions in ADT because of the nearness of the project to this bus stopp, which runs twice a day, on school days. Recently, the city hired the consultants who prepared the transportation portion of The Farm EIR as traffic consultants for the city.

So how does this awesome north Poway public transportation asset disappear when it comes to siting some affordable housing in north Poway?
25 of 56
April 2, 2024, Item #8
Where
are
the
ADUs
that
are
being
rented
to
moderate
income
households?
Poway's
entire
RHNA
allotment
of
moderate
income
housing
is
to
be
met
with
AD
Us
These
ADUs
are
located
throughout
the
city
and
that
is
why
the
city
is
declaring
that
affordable
housing
is
available
in
all
areas
of
the
city.

I have
been
searching
online
for
several
months,
and
so
far,
I have
only
seen
one rental
ADU
in
north
Poway
in
my
online
searches.

I have
seen
many
listings
for
BNBs,
but
not
for
a
monthly
rental.

There
may
be
other
places
where
ADU
owners
are
advertising
their rentals
that
I am
not
aware
of.

Does
the
city
have
any
actual
data
on
how
many
of
these
AD
Us
are
being
used
as
room
additions
or
BNBs
by
the
owners?
What
data
does
the
city
have
to
show
how
many
of
these
units
are
being
rented
and
whether
the
rents
are
affordable?
How
many
units
are
actually
available
to
moderate
income
persons
or
families?
How
will
the city
know
if they
are
on
track
to
meet
the
RHNA
for
moderate
income
households
if the
only
information
on
the
AD
Us
is
the
number
of
permits?
Personally,
I don't
think
ALL
of
the
RHNA
units
for
moderate
income
families
in
Poway
during
the
6th
cycle
should
be
rental
units.

Moderate
income
families
should
also
be
able
to
buy
a
house. The
Messed
UP
Bonus
Density
Law
I agree
that
the
bonus
density
law
is
one
messed
up
law,
but
I have
slightly
different
reasons
for
saying
that
than
what
is
written
in
the
housing
element.

The
Bonus
Density
Law
gives
the
developer
a
density
bonus
AND
allows
them
to
ignore
setback
and
development
coverage
rules
and
other
codes.

This
allows
the
developer
to
build
very
large
and
very
expensive
houses
on
smaller
lots
than
allowed
under
Poway's
codes.

The
bonus
density
house,
which
the
developer
is
keeping,
is
required
to
be
the
same
size
as
the
other
houses,
It would
be
like
winning
the
lottery
for
a
very
low
income
person
to
get
to
live
in
a
brand
new
3000-4000
sq
ft.
house.

But
the
developer
is
keeping
it,
so
maybe
he
will
find
a
low
income
family
member
or
friend
to
live
there.

Once
again,
the
law
seems
to
enrich
the
developer
and
to
provide
very
few
housing
units
for
the
thousands
of
low
income
people
who
need
an
affordable
home.

In
a
nearby
city,
a
developer/investor
formed
a
non-profit
company
that
was
awarded
the
sole
bonus
density
house
from
a
project.

I am
sure
he
will
make
a
profit
off
of
it.

There
is
another
bonus
density
project
on
Poway's
RHNA
list.

This
project
is
in
Poway's
habitat
area
and
the
high
fire
zone.

The
area
is
zoned
for
low
density
and
is
supposed
to
be
a
buffer
area
between
the
rest
of
the
habitat
area
and
the
residential
area.

There
is
also
a
rare
vernal
pool
on
the
parcel
as
well
as
endangered
species.

The
bonus
density
law
allows
a
developer
to
destroy
the
habitat
and
build
more
houses
and
build
them
much
larger
houses
than
our
code
26 of
56 April 2, 2024, Item #8
allows in return for building one or two houses which may or may not be rented by a very low income household. The city should be fighting against this as it threatens to destroy valuable habitat areas for just one or two very large homes for a low income person or a friend of the developer.
lnclusionary Housing In Lieu Fee
Probably the biggest constraint to building affordable housing is that the city provides no incentives to get it built. The city gives away zoning increases for tiny things like landscaping a walkway or building a walkway between parcels. These incentives are not used to get developers to build affordable housing. Poway's paltry "in lieu" fee is a disincentive to build affordable housing. Poway has an inclusionary housing ordinance, but for a mere $500, developers can opt out, and all of them have opted out so far.

The housing element claims that hundreds of very low and low income units can be built on Poway Rd, on parcels where there are now retail establishments. But owners do not have to build low income housing. The current developments of Poway Commons and Fairfield chose not to build affordable housing. Why would the owners/developers of other parcels on Poway Rd build the affordable housing in the RHNA with no incentives to build it? Parks
According to the housing element: "Approximately 325 prospective ADUs are anticipated to be constructed during the 6th housing element cycle in areas anticipated to further fair housing.

With ADUs and the adoption of the PRSP, the City has the ability to meet the anticipated future affordable housing needs of the community. However, it's important to note that many of the constrained areas have limited or no access to sewer or water and are missing essential services and access to employment centers, transit, commercial retailers with grocers, medical services, community facilities and services like libraries and the Mickey Cafagna Community Center, and parks, etc.

Although thousands of housing units are being built in the Poway Rd area, the city has not added any new park space. North Poway has a lot more open space and also has the largest park, Poway Lake, in the entire city. The lack of new parks should be a constraint on building in south Poway, but it isn't. The city has no plans to build new parks, preferring instead to have private parties designate some quasi-public space in their development. But these quasi-public spaces often are just landscaping and not really parks that provide for active or passive recreational opportunities. They are just a way to get the developer to put in some landscaping, and have homeowners pay for it via HOAs. History shows that there is no certainty that these privately owned and maintained areas will not be developed into something else later, even 27 of 56
April 2, 2024, Item #8
when they are deed restricted. There have been no new city parks built in the last 16 years.

And there are no areas set aside for future parks in the higher density RHNA area.

Transportation and access to Jobs
It is true that there are more retail outlets in RHNA area. And a library. But there are also retail venues close to Green Valley in north Poway. Those retail venues are in Rancho Bernardo, but they are nearby.

A person needs a car to live in any area of Poway. Transportation issues are the same in north Poway and south Poway. The roads are crowded. The designated RHNA area in south Poway are also heavily impacted by a lack of sufficient parking spaces. Since the condos were built on Poway Rd, there has been a big increase in the number of cars parking in nearby neighborhoods. The area around Poway Rd/ Carriage Rd /Oak Knoll Rd is particularly stressed by insufficient parking space.

Car ownership is essential in Poway, as there is very limited bus service. Buses arrive at around 30 min intervals on Poway Rd. and the number of stops makes getting to the transfer center a very inefficient use of time. Some years ago MTS also discontinued bus service in the Garden Rd area. Additionally, there is no bus service from the "opportunity area" to the nearby industrial park. Bus service was discontinued to the industrial park years ago. I have heard that the buses cannot run there because of a lack of sidewalks and ADA laws.

For some strange reason, many of the new developments in Poway also lack sidewalks. This is a very new feature and it is inconsistent with our general plan guidelines for urban roads. The lack of sidewalks disincentivizes walking, and it is a hardship for people in wheelchairs, or with baby strollers. In the new housing projects, people have to walk in the street when leaving on foot.

As for the lack of funding, Poway has failed to make a Climate Action Plan or a Complete Streets Plan. Poway is ineligible for some transportation grants through Sandag because of their refusal to make a CAP and a Complete Streets Plan.

Re: Families headed by single moms.

From the housing element: "While most of the City of Poway is not considered LMI, the highest concentration of LMI population is located in tracts south of the City along Poway Road.Female-headed households with children require special consideration and assistance because of their greater need for affordable housing and accessible day care, health care, and 28 of 56
April 2, 2024, Item #8
other supportive services. In Poway, female headed households.are concentrated in a tract in the eastern area of the City, near Dos Hermanos Road (Figure 2-9). This tract has between 20 to 40 percent of children living in female-headed households, compared to less than 20 percent in other tracts in the City."
It may be true that this tract has the highest percent single mom households, but there are very few households in that tract. There is no city and water sewer service there and can't be more than a handful of households. Even though the percent of total households in another tract might be lower, there could easily by dozens, if not hundreds, of households in that tract headed by a single mom.Instead of looking at a very remote rural tract that has a couple of single mom households, why not find out where they really are and how the city can provide "special consideration and assistance because of their greater need for affordable housing, and accessible day care, and other supportive services"?
29 of 56
April 2, 2024, Item #8
STATE
Of
CAI

IFORNIA
-BUSINESS

CONSUMER

SERVICES
AND

HOUSING
AGENCY

DEPARTMENT
OF

HOUSING
AND

COMMUNITY

DEVELOPMENT

DIVISION
OF

HOUSING
POLICY

DEVELOPMENT
2020
W.

El
Camino
Avenue,
Suite
500
Sacramento,
CA
95833
(916)
263-2911
/ FAX
(916)
263-7453
www.hcd
.ca
.qov
March
13,
2024
Bob
Manis,
Director
Development
Services
Department
City
of
Poway
13325
Civic
Center
Drive
Poway,
CA
92064
_ Dear
Bob
Manis:

RE:

City
of
Poway's
6 th
Cycle
(2021-2029)
Revised
Draft
Housing
Element
Thank
you
for
submitting
the
City
of
Poway's
(City)
revised
draft
housing
element
update
received
for
review
on
January
22,
2024,
along
with
technical
modifications
received
on
March
12,
2024.

Pursuant
to
Government
Code
section
65585,
the
California
Department
of
Housing
and
Community
Development
(HCD)
is
reporting
the
results
of
its
review.

In
addition,
HCD
considered
public
comments
from
Chris
Cruse
and
Preserve
Wild
Poway
pursuant
to
Government
Code
section
65585,
subdivision
(c).

The
revised
draft
element,
including
technical
modifications,
meets
the
statutory
requirements
of
State
Housing
Element
Law.

The
housing
element
will
substantially
comply
with
State
Housing
Element
Law
(Gov.

Code,
§
65580
et
seq)
when
it
is
adopted,
submitted
to,
and
approved
by
HCD,
in
accordance
with
Government
Code
section
65585
.

As
a
reminder,
the
City's
6th
cycle
housing
element
was
due
April
15,
2021.

As
of
today,
the
City
has
not
completed
the
housing
element
process
for
the
6th
cycle.

The
City's
5th
cycle
housing
element
no
longer
satisfies
statutory
requirements.

HCD
encourages
the
City
to
revise
the
element
as
described
above,
adopt,
and
submit
to
HCD
to
regain
housing
element
compliance.

Public
participation
in
the
development,
adoption
and
implementation
of
the
housing
element
is
essential
to
effective
housing
planning.

Throughout
the
housing
element
process,
the
City
must
continue
to
engage
the
community,
including
organizations
that
represent
lower-income
and
special
needs
households,
by
making
information
regularly
available
while
considering
and
incorporating
comments
where
appropriate.

Please
be
aware,
any
revisions
to
the
element
must
be
posted
on
the
local
government's
website
and
to
email
a
link
to
all
individuals
and
organizations
that
have
previously
requested
notices
relating
to
the
local
government's
housing
element
at
least
seven
days
before
submitting
to
HCD
.
30 of
56 ATTACHMENT
D
April 2, 2024, Item #8
Bob
Manis,
Director
Page
2 Several
federal,
state,
and
regional
funding
programs
consider
housing
element
compliance
as
an
eligibility
or
ranking
criteria.

For
example,
the
CalTrans
Senate
Bill
(SB)
1 Sustainable
Communities
grant,
the
Affordable
Housing
and
Sustainable
Communities
programs,
and
HCD's
Permanent
Local
Housing
Allocation
consider
housing
element
compliance
and/or
annual
reporting
requirements
pursuant
to
Government
Code
section
65400.

With
a
compliant
housing
element,
the
City
will
meet
housing
element
requirements
for
these
and
other
funding
sources.

For
your
information,
some
general
plan
element
updates
are
triggered
by
housing
element
adoption
. HCD
reminds
the
City
to
consider
timing
provisions
and
welcomes
the
opportunity
to
provide
assistance
. For
information, please
see
the
Technical
Advisories
issued
by
the
Governor's
Office
of
Planning
and
Research
at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html. HCD appreciates
the
hard
work
and
dedication
the
City's
housing
element
team
provided
in
preparation
of
the
City's
housing
element
and
looks
forward
to
receiving
the
City's
adopted
housing
element.

If
you
have
any
questions
or
need
additional
technical
assistance,
please
contact
Jose
Ayala,
of
our
staff,
at
[email protected].

Sincerely, Paul
McDougall
Senior
Program
Manager
31 of
56 April 2, 2024, Item #8
32 of 56
City of Poway 2020-2029 Housing Element (on file in the Office of the City Clerk) https://poway.org/286/Genera I-Plan

ATTACHMENT E
April 2, 2024, Item #8
RESOLUTION 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 pursuantto 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 docu'mentation 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). 33 of 56 ATTACHMENT F
April 2, 2024, Item #8
Resolution No. 21-067

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of August, 2021 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

ATTEST:
34 of 56

MULLIN, FRANK, GROSCH, LEONARD, VAUS
NONE
NONE
NONE
~ ---2
Steve Vaus, Mayor
April 2, 2024, Item #8
STEVE VAUS, Mayor
BARRY LEONARD, Deputy Mayor
DA VE GROSCH, Councilmcmbcr
CA YLIN FRANK, Councilmcmbcr
JOI-IN MULLIN, Councilmcmbcr

CITY OF POWAY

EXHIBIT A

CITY OF POWAY

NEGATIVE DECLARATION
Resolution No. 21-067
Pa e 3

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
35 of 56
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org
April 2, 2024, Item #8

ATTACHMENT
1 CITY
OF
POWAY

ENVIRONMENT
AL

INITIAL
STUDY
AND

CHECKLIST
Resolution
No.
21-067 Page4
A.

INTRODU,CTION This
Environmental
Initial
Study
and
Checklist,
along
with
information
contained
in
the
public
record,
comprise
the
environmental
documentation
for
the
proposed
project
as
described
below
pursuant
to
the
requirements
of
the
California
Environmental
Quality
Act
(CEQA).

Based
upon
the
information
contained
herein
and
in
the
public
record,
the
City
of
Poway
has
prepared
Negative
Declaration
for
the
proposed
project.

B.

PROJECT

INFORMATION

1. Project
Title:
2020-2029
City
of
Poway
Housing
Element
of
the
General
Plan:

Environmental
Assessment (EA)
21-001:

General
Plan
Amendment
(GPA)
21-001

2. Lead
Agency
Name
and
Address:
___
~C~ity-'-"'o~f~P~ow~aY
..... ,~D~e~v~e~lo=p~m~e~n~t~S~e~rv~ic_e-s
__
13325
Civic
Center
Drive,
Poway,
CA
92064

3. Contact
Person
and
Phone
Number
:

Scott
Nespor,
Associate
Planner,
858-668-4656

4. Project
Location:

Citywide
(Exhibit
A -
Attached)

5. Project
Sponsor's
Name
and
Address
: -------=C=it~y-=o-'-f
.,_P=ow=ay..__
_______
_
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:
36 of
56 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 April 2, 2024, Item #8
Resolution
No
. 21-067 Page
6 EIS
and
Checklist
37 of
56 •
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 April 2, 2024, Item #8
Resolution
No.
21-067 Page
8 EIS
and
Checklist
38 of
56 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
lnclusionary
Housing
Ordinance
Continue
allowing
Poway
Housing
Authority
to
retain,
promote,
and
provide
affordable
housing
and
maintain
reporting
Implement
Zoning
Amendments
for
Special
Needs
Housing
(e.g.,
Low
Barrier
Navigation
Centers,
Transitional
and
Supportive
Housing,
Emergency
Shelters,
Residential
Care
Facilities,
Agricultural
Worker
Housing,
Employee
Housing,
Housing
with
Reasonable
Accommodations,
Single-Room
Occupancy)
Continue
to
provide
for
Special
Needs
Housing
including
determining
the
availability
of
funding
for
implementation
of
housing
programs
Continue
the
First
Time
Homebuyer
Assistance
Program
to
assist
Program
participants
with
loan
servicing
and
resale
processing,
as
funding
is
available
Continue
offering
single-family
rehabilitation
loans
with
the
Home
Enhancement
Loan
Program,
as
funding
is
available
Maintain
Zoning
Categories
in
the
General
Plan
to
encourage
diversity
of
development
to
serve
as
many
types
of
residents
as
possible
while
minimizing
land-use
related
conflicts Evaluate
Community
Land
Trusts
to
determine
options
for
use
of
the
community
land
trust
model
Continue
to
provide
priority
for
the
provision
of
services
to
Lower
Income
Households
Continue
to
enforce
City
codes,
General
Plan
Polices
, and
Zoning
Regulations
Continue
to
monitor
Ordinances,
User
Charges,
and
Fees
Update
the
Poway
Municipal
Code
to
comply with
current
Density
Bonus
law
Conduct
public
outreach
and
education
programs
that
engage
the
community
to
help
create
an
understanding
of
and
support
for
affordable
housing,
as
funding
is
available
Promote
Transit-Oriented
projects
Encourage
the
provision
of
housing
for
Extremely-Low
Income
Households,
as
funding
is
available
Monitor
and
evaluate
No
Net
Loss
requirement
per
state
law
Monitor
and
preserve
potential
At-Risk
housing
units
to
ensure
adequate
sites
are
available
throughout
planning
period,
as
funding
is
available
Monitor
and
evaluate
the
AHOZ
Ordinance
Development
Standards
Update
the
Public
Safety
Element
and
ensure
consistency
with
the
Adopted
Housing
Element Implement
SB35
permit
streamlining
and
adopt
procedures
for
processing
of
new
affordable
housing
projects
5 April 2, 2024, Item #8
Resolution
No.
21-067 Page
10 EIS
and
Checklist
39 of
56 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.