That the City Council review the 6th Cycle Housing Element and Mitigated Negative Declaration and Mitigation Monitoring Reporting Program under the California Environmental Quality Act, open the public hearing and take public testimony, provide comments on the Housing Element, and continue the public hearing to January 25, 2022.

Beginning in February of 2021, the City of Chino Hills began the process of updating its previous 5th Cycle Housing Element. The update to the Housing Element reflects current conditions and brings it into compliance with state legislation passed since the adoption of the previous 5th Cycle Element in 2013.
 
This Housing Element update process included eight public workshops held with the Planning Commission and/or City Council. The public workshops were designed to inform the community about the Regional Housing Needs Assessment (RHNA), the Housing Element update process, and to gain the community’s input. An extensive public outreach was undertaken to inform the public and interested parties about the Housing Element update process and the workshops, including: public advertisements; flyers emailed to over 100 entities, including property owners (both commercial and residential, developed and undeveloped), developers, nonprofit housing developers, religious facilities, fair housing and special needs groups; press releases; postings on and e-notifications through the City website; social media posts; and a dedicated webpage to keep the public informed about the Housing Element update process.
 
Review Draft Housing Element
 
On June 15, 2021, the Planning Commission (Commission) reviewed the Draft/Review Copy Housing Element and recommended that the City Council approve submission of the draft to the State of California Department of Housing and Community Development (HCD) for state review. On June 22, 2021, the City Council reviewed the Draft/Review Copy Housing Element and approved its submission to HCD for state review. On July 6, 2021, the City submitted the Draft/Review Copy Housing Element to HCD for their review. On September 3, 2021, HCD provided comments to the City on its Draft/Review Copy Housing Element. HCD requested additional information regarding a number of issues, including:

Public Review Housing Element
 
Staff has endeavored to address HCD’s comments and incorporated the requested additional information in the revised Housing Element draft (referred to as the Public Review Draft Housing Element and dated November 9, 2021).
 
In addition, to responding to HCD’s comments, staff has distributed a housing survey to collect feedback from the community to use in the Housing Element and subsequent General Plan update. As of January 6, 2022, 892 persons have responded to the survey. In general, the survey responses indicate a strong support for senior housing and affordable senior housing, and mixed opinions about the amount and type of housing needed in the community.
 
In response to HCD’s comments, staff also conducted a windshield survey of two of the City’s older neighborhoods, Los Serranos and Bayberry, to assess exterior housing conditions. These neighborhoods were identified by City Code Enforcement staff as having the most reported incidents of code violations related to housing conditions. The windshield survey evaluated 2,189 houses and found only one house in substantial need of repair (meaning damaged roof, siding, doors and/or windows).
 
The Public Review Draft Housing Element, dated November 9, 2021, also redistributed 370 very high density residential RHNA units from the Crossroads Marketplace to the Shoppes II site.

Additional Housing Element Revisions
 
Staff has continued to coordinate with HCD to ensure all its comments are addressed. During a web-based meeting between HCD and City Community Development staff on December 13, 2021, HCD requested additional information to clarify issues, including:

Staff has added the HCD requested clarifying information to the current Housing Element, included as Exhibit “A” – 6th Cycle Housing Element, dated January 6, 2022.
 
Staff is also recommending that the approximately 10-acre Caballero property be added to the very high density RHNA site inventory.  This site was previously considered by the Commission as a potential site during public workshops in January 2021. (See Figure 1, Caballero Site Summary, below.)



The Caballero site was later removed in favor of other potential sites, including the Crossroads Marketplace. Following completion of the Draft/Review Copy Housing Element in July 2021, potential conflicts with placing residential uses on the Crossroads Marketplace site were identified. Based on these potential conflicts, the Public Review Draft Housing Element dated November 9th, as noted above, redistributed the 370 very high density residential RHNA units from the Crossroads Marketplace to the Shoppes II site.
 
Recent preliminary concept plans for the Caballero site prepared by a prospective developer support the site’s ability to adequately carry very high density residential development. Based on this information, staff recommends that 220 units be redistributed to the Caballero site from the Shoppes II site. This change would revise Table 5-3 of the 6th Cycle Housing Element (dated January 6, 2022) (Attachment “A”), as follows (with additions in underline and deletions in cross out):



PLANNING COMMISSION REVIEW
 
On December 21, 2021, the Planning Commission held a public hearing to consider the Public Draft Review Housing Element, dated November 9, 2021. The Commission was informed during the hearing that staff would be making additional changes to the Housing Element prior to City Council review to address HCD’s December 13, 2021 comments. (Exhibit “B”, Mark-Up Housing Element shows the changes made to the November 9th Public Review Draft to address HCD’s recent comments.)
 
During the public hearing, one resident spoke expressing his disappointment that the Crossroads Marketplace was removed as a high density housing site. The Planning Commission voted to recommend approval of the Housing Element with inclusion of the Caballero site (5-0).

PUBLIC NOTICE AND PUBLIC COMMENTS
 
Public notice of the availability of the IS/MND and Planning Commission public hearing on the Housing Element was published in the Chino Champion on January 1, 2022. The City has received many written comments expressing concerns about designating the Caballero property as a high density site and are attached as Exhibit “C”.

NEXT STEPS
 
City staff is in contact with HCD staff regarding the recent changes to the Housing Element (Exhibit “A”) and hopes to get any additional comments from them prior to City Council adoption. Formal submission to HCD of the City approved Housing Element must be done by February 12, 2022. HCD then has 90 days to review and determine if the City’s Housing Element is in compliance with state law.
 
Staff will be initiating a comprehensive General Plan update, as well as Zoning Map and Zoning Code updates, to incorporate the Housing Element in early 2022.

Pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (ISMND) was prepared for the Housing Element, and distributed for a 30-day public review, beginning November 10, 2021, and closed on December 10, 2021 (Exhibit “D”). One public comment letter, dated December 6, 2021, was received during the 30 day public review period. This letter, which is from Hills for Everyone, and staff’s response to the comments raised in the letter are included as Exhibit “E”.
 
The ISMND analyzed impacts to aesthetics, agriculture and forestry resources, geology/soils, greenhouse gas emissions, hazards/hazardous materials, hydrology/water quality, land use and planning, mineral resources, population and housing, public services, recreation, and utilities, and determined that impacts will be less than significant.
 
As part of the CEQA review for the Housing Element, two Native American tribes that have previously contacted the City requesting notification pursuant to California Environmental Quality Act (CEQA) Public Resources Code section 21080.3, subdivision (b); California Assembly Bill 52 were notified of the proposed Housing Element update. Of these two tribes, a representative of the Gabrieleño Band of Mission Indians/Kizh Nation contacted the City and requested tribal consultation and monitoring for all future projects when ground disturbance will be occurring. This request is added to the ISMND as Mitigation Measure TRC-1. With the incorporation of this measure, impacts to tribal cultural resources will be less than significant.