ACTION:
____________________________
Clerk/Secretary
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
SUBJECT: GENERAL PLAN AMENDMENT FOR THE 2021-2029 HOUSING ELEMENT (P20-0258) RECOMMENDATION: Adopt City Council Resolution No. 2022- , re-adopting the 2021-2029 Housing Element.
CORRELATION TO CITY COUNCIL GOALS: Homelessness & Housing.
PRIOR ACTION: On September 28, 2021, adopted City Council Resolution No. 2021-163, re-adopting the 2021-2029 Housing Element of the General Plan (Vote: 5-0).
On June 22, 2021, adopted City Council Resolution No. 2021-122 and No. 2021-123, approving a Negative Declaration for the 2021-2029 Housing Element, and adopting the 2021-2029 Housing Element of the General Plan (Vote: 5-0).
On April 23, 2013, adopted City Council Resolution No. 2013-56 and No. 2013-57, approving a Negative Declaration for the 2013-2021 Housing Element, and adopting the 2013-2021 Housing Element (Vote: 5-0).
PRIOR PLANNING COMMISSION ACTION: On May 18, 2021, adopted Planning Commission Resolutions 2021-07 and 2021-08, recommending City Council approval of a Negative Declaration for the 2021-2029 Housing Element and adoption of the 2021-2029 Housing Element (Vote: 6-0, Aguilera absent).
STATEMENT ON THE SUBJECT: The Housing Element is one of the required elements of a General Plan, addressing housing policy and programs. The State legislature has recognized housing as a vital topic of statewide concern; therefore, unlike other required elements of a General Plan, the Housing Element must be regularly updated and reviewed by the State Department of Housing and Community Development (HCD) for compliance with state law. Through their housing elements, cities and counties are required to contribute toward meeting statewide housing goals and cooperate with other local governments to address regional housing needs.
The content of the Housing Element is specified by the California Government Code (Sections 65580- 65584). The Housing Element must include:
Department: Community Development Item No: C11
Prepared By: Patsy Chow, Deputy Director/City Planner Meeting Date: June 28, 2022 Approved By:
John Conley, Director
Patrick Johnson, City Manager Agenda Location: Consent Calendar 06/28/2022 C11 Page 1 of 7
Approved above recommendation, adopted City Council Resolution No. 2022-111.
Vote: 4-0 (Ritter not present)
MEETING DATE: June 28, 2022 PAGE: 2
SUBJECT: GENERAL PLAN AMENDMENT FOR THE 2021-2029 HOUSING ELEMENT (P20-0258) • A Needs Assessment (considers demographics and housing conditions); • A Constraints Analysis (looks at the obstacles to developing affordable housing in the City); • An Adequate Sites Analysis (inventories all sites in the City where housing might be located); and • A Housing Plan: goals, objectives, and policies to guide future housing decisions.
Following the re-adoption of the Housing Element by the City Council on September 28, 2021, HCD has requested a finding be incorporated within the adoption resolution regarding the site inventory analysis.
According to State Government Code Section 65583.2 (g)(2), when a city or county is relying on nonvacant sites to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
The City of Vista 2021-2029 Housing Element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, which triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. Following consultation from HCD, staff has included a finding within the City Council Resolution (Exhibit 1) that states, "Based on general development trends resulting from continuously rising land values, changes in desired land uses, COVID-impacted business shifts and closures, aging structures and underutilized properties, rising demand for housing, and adjacency to public transportation and commercial services, the existing uses on the sites identified in the site inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the housing element."
Once the Housing Element is re-adopted by City Council with the revised findings, the document will be forwarded to HCD for final certification.
Environmental Review. A Negative Declaration was approved for the 2021-2029 Housing Element by the City Council on June 22, 2021. The Negative Declaration was made available for public review from March 1, 2021 to March 30, 2021, and during this time two comment letters were received. A copy of the Negative Declaration and comments were included in the agenda report to City Council on June 22, 2021.
Minor changes to the Housing Element were previously requested to clarify some of the program timelines but these changes did not materially affect the environmental analysis included in the previously approved Negative Declaration.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Resolution No. 2022- , re-adopting the 2021-2029 Housing Element
2. HCD Letter dated May 27, 2022
06/28/2022 C11 Page 2 of 7
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, RE-ADOPTING THE 2021-2029 HOUSING ELEMENT The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. California Housing Element law requires all cities and counties to update the Housing Element of their General Plan to be consistent with the requirements of the State Department of Housing and Community Development ("HCD").
B. The City has prepared a Housing Element update covering the period from 2021 through 2029 consistent with California Housing Element law (Cal. Gov. Code Sections 65580 et seq).
C. The City Council held a workshop/study session on the 2021-2029 Housing Element on November 10, 2020 and January 12, 2021.
D. The Planning Commission held a workshop/study session on the 2021-2029 Housing Element on December 15, 2020.
E. A notice of public hearing describing the date, time and location of the Planning Commission public hearing was published in the San Diego Union Tribune at least ten days prior to the public hearing.
F. The latest draft Housing Element has been posted on the City's website throughout the update process for review by community members, agencies, stakeholders and organizations serving lower and moderate-income households and persons with special needs.
G. The Planning Commission held a duly noticed public hearing on the proposed 2021-2029 Housing Element on May 18, 2021, in order to receive public testimony on the proposed General Plan Element.
H. At that hearing, staff reports both written and oral were received in evidence and all persons desiring to speak on the proposed General Plan Element were heard. At the conclusion of said hearing, after consideration of all evidence presented, the Planning Commission reached a recommendation on the matter.
I. On May 18, 2021, the Planning Commission adopted Planning Commission Resolutions 2021-07 and 2021-08, recommending approval of a Negative Declaration and the 2021-2029 Housing Element with the finding that its adoption will not have a significant impact on the environment.
J. The Planning Commission is an advisory agency to the City Council with regard to processing General Plan Elements and General Plan Amendments.
K. The City Council has determined that the proposed General Plan Amendment, which entails replacing the existing Housing Element with the proposed 2021-2029 Housing Element, is consistent with other elements, goals and policies of the General Plan. 001081291 EXHIBIT 1
06/28/2022 C11 Page 3 of 7
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
L. Subsequent to City Council's adoption of the Housing Element on June 22, 2021, HCD requested minor changes concerning timelines associated with fair housing practices and related programs. These changes are reflected in the Housing Element and because they are program related, the Housing Element must be re-adopted by the City Council before it is forwarded to HCD for final certification.
M. Subsequent to City Council's re-adoption of the Housing Element on September 28, 2021, HCD notified the City that, because more than 50 percent of the parcels included in Vista's Housing Element sites inventory are nonvacant, the City must adopt a finding that the existing uses on these nonvacant parcels are likely to be discontinued during the planning period, and the development potential on these nonvacant sites would not constitute an impediment to future housing development. Therefore, the Housing Element must be re- adopted by the City Council before it is forwarded to HCD for final certification.
N. Based on general development trends resulting from continuously rising land values, changes in desired land uses, COVID-impacted business shifts and closures, aging structures and underutilized properties, rising demand for housing, adjacency to public transportation and commercial services, and other factors/analysis as identified in the Recycling Trends section of the Housing Element, the existing uses on the sites identified in the site inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the housing element.
2. Action.
A. The City Council hereby approves and re-adopts the 2021-2029 Housing Element, a copy of which is on file with the City Clerk.
B. The City Council hereby delegates authority to the Director of Community Development, or his designee, to incorporate the minor changes or revisions summarized herein into the 2021-2029 Housing Element, which are of a non-legislative nature and that result from HCD's review for final certification of the Housing Element, without further City Council consideration or re-adoption of the 2021-2029 Housing Element. [Continued on page 3.]
00108129 1
06/28/2022 C11 Page 4 of 7
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 28, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER C. CHUNG, ACTING CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220620113347
001081291
06/28/2022 C 11 Page 5 of 7
STATE OF CALIFORNIA-BUSINESS,CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
Q o '
2020 W. El Camino Avenue,Suite 500
Sacramento,CA 95833
(916)263-2911 /FAX(916)263-7453
www.hcd.ca.gov
May 27, 2022
Patrick Johnson, City Manager
City of Vista
200 Civic Center Drive
Vista, CA, 92084
Dear Patrick Johnson:
RE: City of Vista's 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Vista's (City) housing element which was adopted September 28, 2021 and received for review on March 28, 2022. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Josh Albrektson pursuant to Government Code section 65585, subdivision (c).
The adopted housing element addresses most statutory requirements described in HCD's October 11, 2021 review; however, the following revision will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. (Gov. Code, § 65583.2 (g) (2).)
The element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, which triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. Neither the September 28, 2021, or June 22, 2021 adoption resolutions address this requirement. As part of re-adoption, the element must revise the analysis of EXHIBIT 2
06/28/2022 C11 Page 6 of 7
Patrick Johnson, City Manager
nonvacant sites as appropriate and make this finding based on substantial evidence.
The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision 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.
Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.
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 will meet housing element requirements for these and other funding sources.
HCD appreciates the dedication, cooperation, and effort that Patsy Chow, City Planner; Michael Ressler, Principal Planner; and consultants Brenna Weatherby and Jason Montague provided throughout the housing element review. If HCD can provide assistance in implementing the housing element, please contact Jose Ayala, of our staff, at Jose.Ayala(a�hcd.ca.gov.
Sincerely,
wqt?vr
Paul McDougall
Senior Program Manager
06/28/2022 C11 Page 7 of 7