URGENCY ORDINANCE NO. 4310
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RESCINDING IN ITS ENTIRETY URGENCY ORDINACE NO. 4306 WHICH ESTABLISHED THE SB 330 OVERLAY DISTRICT, FINDING THE ACTION EXEMPT FROM CEQA WHEREAS, on October 9, 2019, the California Legislature approved, and the Governor signed into law Senate Bill 330 (SB 330), also known as the Housing Crisis Act of 2019, that, among other things, declared a statewide housing emergency, to be in effect until January 1, 2025 and amended the State Housing Accountability Act, Permit Streamlining Act and Planning and Zoning Law, all under Title 7 of the California Government Code, to create new state laws regarding the production, preservation and planning for housing in order to address the statewide housing emergency; WHEREAS, among the new laws adopted under SB 330, local agencies are prohibited from requiring an applicant to rezone a property if the housing development project is consistent with objective general plan standards and criteria; WHEREAS, as an interim measure, the City adopted Urgency Ordinance No. 4306 on August 2, 2021 in response to the State’s approval of SB 330 to ensure appropriate oversight for the development of properties subject to SB 330; WHEREAS, on September 16, 2021, the California Legislature approved, and the Governor signed into law Senate Bill 8 (SB 8), amending the Housing Crisis Act of 2019 that, among other things, revised the definition of a housing development project to include a single unit, extended the statewide housing emergency to be in effect until January 1, 2030, and amended the State Housing Accountability Act, Permit Streamlining Act and Planning and Zoning Law, all under Title 7 of the California Government Code, in order to continue addressing the statewide housing emergency; WHEREAS, the City desires to maintain full compliance with recent State law amending the Housing Crisis Act of 2019 by implementing Urgency Ordinance No. 4310, a companion to this ordinance; WHEREAS, the City of Pomona has duly initiated Code Amendment (CODE 17651-2022); WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with California Government Code section 36937, subdivision (b).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. The subject ordinance would be exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3). This section is the “common sense exemption” that states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If the Lead Agency can determine that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Pursuant to this section, the proposed amendment fits within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed action to rescind Urgency Ordinance No. 4306 does not change the permitted uses or densities established under the General Plan Place Type or Transect Zone, respectively, of the City’s adopted General Plan. This environmental review will be considered by the City Council at the public hearing for this project scheduled for February 7, 2022.
SECTION 3. The City Council hereby finds that the proposed Code Amendment is in the public interest and in the interest of the furtherance of the public health, safety, and welfare.
SECTION 4. The City Council of the City of Pomona hereby rescinds Urgency Ordinance No. 4306, in its entirety, upon the adoption and effective date of this urgency ordinance.
SECTION 5. The City Council of the City of Pomona herby replaces Urgency Ordinance No. 4306, in its entirety, with Urgency Ordinance No. 4310, upon its adoption and effective date.
SECTION 6. This urgency ordinance takes effect immediately upon its adoption.
SECTION 7. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.
SECTION 8. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Pomona hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF FEBRUARY, 2022 ATTEST: CITY OF POMONA:
Rosalia A. Butler, City Clerk Tim Sandoval, Mayor
APPROVED AS TO FORM:
Sonia Carvahlo, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF POMONA )
I, ROSALIA A. BUTLER, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Pomona held on the 7th day of February, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Rosalia A. Butler, City Clerk
“EXHIBIT A”
Urgency Ordinance No. 4306
Urgency Ordinance No. 4310
February 7, 2022
Attachment No. 1