URGENCY ORDINANCE NO. 4306
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING SECTION .460 TO THE CITY OF POMONA ZONING ORDINANCE FOR THE PURPOSES OF ESTABLISHING THE SB 330 OVERLAY DISTRICT , ADDING SECTION .585 TO THE CITY OF POMONA
ZONING ORDINANCE FOR THE PURPOSES OF ESTABLISHING
ADMINISTRATIVE PROCEDURES FOR A DEVELOPMENT PLAN REVIEW, AND AMENDING SECTION .441 OF THE POMONA ZONING ORDINANCE FOR THE PURPOSES OF ELIMINAT ING CONFLICTS WITH THE "S"
SUPPLEMENT AL USE OVERLAY DISTRICT
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;
WHEREA S, on March 3, 2014, the City adopted City Council Resolution No. 2014-26 , approving an update to the General Plan (2014 General Plan) ; WHEREAS, on March 17, 2014 , the City adopted Ordinance No. 4181, approving the establishment the Pomona Corridors Specific Plan, thereby implementing the 2014 General Plan; WHEREAS, on October 19, 2015, the City adopted Ordinance No. 4210, approving an amendment to the Phillips Ranch Specific Plan, thereby implementing the 2014 General Plan; WHEREAS, on September 19, 2016, the City adopted Ordinance No. 4229, approving an amendment to the Phillips Ranch Specific Plan, thereby implementing the 2014 General Plan; WHEREAS, on May 21, 2018, the City adopted Ordinance No. 4247 , approving the establishment of the Small Lot Residential district, thereby implementing the 2014 General Plan; WHEREAS, on August 5, 2019 , the City adopted Ordinance No. 4267, approving an amendment to the Downtown Pomona Specific Plan, thereby implementing the 2014 General Plan; Urgency Ordinance No. 4306
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WHEREAS, the City has not yet adopted a comprehensive update to the City ' s Zoning Map implementing the 2014 General Plan land use policies throughout the City ; WHEREAS, the City is currently in the process of preparing a comprehensive update to the City's zonjng code and zoning map;
WHEREAS, as an interim measure and until such time a comprehensive update to the City's zorung code and zoning map are comp leted, the City desires to adopt an overlay district to ensure housing development projects eligible for relief from rezoning under SB 330 are properly reviewed to ensure that the physical aspects of development projects are consistent with the genera l plan and with all applicable development standards; ; to ensure streets and other public access ways and facilities, parking facilities, and utility and other infrastructure , both on-site and off-site , are adequate and available to support the development and conform to city development standards; and to avoid or minimize to the extent feasible adverse environmental effects of development; WHEREAS, the City desires to maintain full compliance with State law during the declared statewide housing emergency;
WHEREAS, the City of Pomona has duly initiated Code Amendment (CODE 16031- 2021) ;
WHEREAS, to protect the public safety, health , and welfare , the City Counci l 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 Counci l hereby finds that the foregoing recitals are true and correct and are incorporated herein as substanti ve 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 activ ity 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 amendment to establish an overlay district does not designate additional lands for new Urgency Ordinance No. 4306
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or more intense development than what is already established under the General Plan Place Type and Transect Zone designations as well as the land uses and density that were analyzed under the certified EIR for the General Plan. This environmental review will be considered by the City Council at the public hearing for this project scheduled for August 2, 2021.
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 approves Code Amendment (CODE 16031-2021) adding Section .460 to the City of Pomona Zoning Ordinance per the new underlined language as follows:
Section .460 - SB 330 OVERLAY DISTRICT.
A. Purpose and Intent.
1. On October 9, 2019, Senate Bill 330 (SB 330) also known as the Housing Crisis Act of 2019, was signed into law. Among the provisions adopted under SB 330, California Government Code Section 65589.5(j)(4) allows Housing Development Projects to be developed on properties that are consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan, while prohibiting the City from requiring a change of zone in these circumstances.
The purpose of this section is to establish a mechanism to regulate the development of Housing Development Projects in areas where the adopted, objective General Plan development standards have not yet been implemented through either a change of zone or adoption of a specific plan.
B. Development Plan Review.
1. Any new construction proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District shall be subject to a Development Plan Review according to the procedures established under Section .585.
2. "Housing development project" means a use consisting of any of the following, and as designated pursuant to State Law:
a. Two (2) or more residential units .
b. Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
C. Development Standards.
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1. Property in the SB 330 Overlay District shall be subject to the following development standards, to the extent those development standards are objective:
a. "R-2" Low Density Multiple-Family Zone for Housing
Development Projects proposing a density from seven (7) to fourteen (14) dwelling units per acre.
b. "R-3" Medium Density Multiple-Family Zone
Development Projects proposing a density from
twenty-nine (29) dwelling units per acre.
for Housing
fifteen (15) to
c. "R-4 " High Density Multiple-Family Residential Zone for Housing Development Projects proposing a density greater than thirty (30) dwelling units per acre.
d. Height and density standards established in the base General Plan Transect Zone designation, which shall supersede the height and density standards established in the R-2, R-3 and R-4 districts. e. Properties with a minimum area of one-half (0.5) acre and a Transect Zone designation of T4-A, TS, or T6-B shall require a minimum housing density of at least thirty (30) dwelling units per acre. f. Per California Government Code 65589.5(j)(4), a housing development project shall comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
D. Exemption
1. Any Housing Development Project that has been deemed complete by the City pursuant to California Government Code Section 65589.5 or 65943 as of the effective date of this Urgency Ordinance No. 4306.
2. Approved tentative subdivision maps or recorded lots that are otherwise vested pursuant to California Government Code, Sections 66498.1 through 66498.9.
SECTION 5. The City Council of the City of Pomona hereby approves Code Amendment (CODE 16031-2021) adding Section .585 to the City of Pomona Zoning Ordinance per the new underlined language as follows:
Section .585 - DEVELOPMENT PLAN REVIEW.
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A. Purpose . The purpose of the Development Plan Review is to ensure that the physical aspects of development projects are consistent with the general plan and with all applicable, objective development standards; to ensure the development is of high quality; to ensure streets and other public access ways and facilities, parking facilities, and utility and other infrastructure, both on-site and off-site, are adequate and available to support the development and conform to city development standards; and to avoid or minimize to the extent feasible adverse environmental effects of development.
B. Applicability.
1. Any proposed Housing Development Project, that would typically require a Change of Zone due an existing zoning designation prohibiting residential uses or the proposed density of the Housing Development Project, but is not required to file a Change of Zone per the provisions of Government Code 65589.50)(4) because the Housing Development Project is consistent with the objective standards within the General Plan.
2. "Housing Development Project" means a use consisting of any of the following, and as designated pursuant to state law:
C. Authority.
a. Two (2) or more residential units.
b. Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
l . Director of Development Services
a. Any new construction proposed to establish a Housing Development Project on any property located in the SB
330 Overlay District and a residential zone shall fall under the review authority of the Director of Development
Services.
b. The Director of Development Services has the authority to approve, conditionally approve, or deny a Housing
Development Project subject to any limitations under State law.
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c. The Director of Development Services may refer a
Development Plan Review application to the Planning
Commission for consideration and decision.
d. The Director of Development Services has the authority to approve or deny a CEQA exemption, Negative
Declaration, or Mitigated Negative Declaration, and to
certify an Environmental Impact Report, in association
with the Development Plan Review.
2. Planning Commission
a. Any new construction proposed to establish a Housing Development Project on any property located in the SB
330 Overlay District and a non-residential or mixed-use zone shall fall under the review authority of the Planning Commission .
b. Any mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, proposed on any property located in the SB 330 Overlay District, shall fall under the review authority of the Planning Commission.
c. The Planning Commission has the authority to approve, conditionally approve, or deny a Housing Development
Project subject to any limitations under State law.
d. The Planning Commission has the authority to approve or deny a CEOA exemption, Negative Declaration, or
Mitigated Negative Declaration, and to certify an
Environmental Impact Report, in association with the
Development Plan Review .
3. If a Development Plan Review is submitted in conjunction with another discretionary application, it shall be subject to review and approval by the highest applicable approving body as one item.
4. An approved Development Plan Review shall be valid for a period of 12 months. A maximum of two (2), twelve (12) month time extensions may be requested from the designated approving body.
Such requests shall be submitted in writing by the applicant, property owner(s), and/or authorized designee a minimum of 30 days prior to the expiration of the Development Plan Review. If the applicant has not obtained grading or building permits or diligently pursued necessary permits for construction approved under the Urgency Ordinance No. 4306
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Development Plan Review within the approved or extended time period, the Development Plan Review shall be terminated.
5. An approved Development Plan Review shall run with the land. A Housing Development Project approved under a Development Plan Review shall be developed and/or used in a manner consistent with the project plans reviewed and approved by the designated approving body.
D. Findings. To approve a Development Plan Review, the Director of Development Services shall make the following objective findings:
1. The project is consistent with the City of Pomona General Plan and all applicable requirements of the Pomona City Code.
2. The project complies with the applicable regulations of the Pomona Zoning Ordinance and all other applicable Federal, State, and local regulations.
E. Public Notice and Hearing. All Development Plan Reviews require a public hearing before the Director of Development Services. Noticing shall be given to the general public by the applicant at least ten (10) calendar days prior to the day of the scheduled hearing, to be sent by physical mail to owners and occupants of property located within a four-hundred ( 400) foot radius of the project site boundaries. The City of Pomona may also voluntarily notice the public hearing through any other manner necessary.
F. Appeals.
1. The action taken by the Development Services Director on a Development Plan Review at a public hearing is final unless appealed to the Planning Commission by either the applicant or a member of the Planning Commission within twenty (20) calendar days of the action.
2. Written appeals may be filed with the city clerk. Before accepting an appeal, the city clerk shall charge and collect a filing fee for appeals.
3. An appeal shall specifically state the specific nature of the appeal, grounds thereof and wherein the Director of Development Services erred or failed to conform to the requirements of this ordinance .
4. The City Clerk shall immediately transmit one copy of said appeal to the Planning Division and if the appeal has been made by someone other than the applicant, one to the applicant.
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5. Said appeal stays all proceeding s in furtherance of the action appealed until the determination of the appeal as provided herein.
6. The Planning Commission Secretary or designee shall place the appeal on the agenda of the Planning Commission within thirty (30) days of the date of appeal. The clerk shall forward the appeal; staff report; minutes and resolutions to the Planning Commission.
7. The Planning Commission Secretary or designee shall place the item on the agenda for Planning Commission's consideration not less than fourteen (14) days nor more than forty-five (45) days from the date of the decision to hear. The Planning Commission shall hold a hearing of the facts as presented to Planning Commission on the matter.
8. The Planning Commission may approve, approve with conditions or deny the project application subject to any limitations under State law. In doing so the Planning Commission must make written findings of fact setting forth findings wherein the property or particular use involved meets or fails to meet the qualifications set forth in this ordinance and under State law.
9. An appeal may be withdrawn at any time prior to the date and time of the public hearing by the appellant.
10. An appeal of the Planning Commission to the City Council shall follow the procedures established under Section .560([).
SECTION 6. The City Council of the City of Pomona hereby approves Code Amendment (CODE 16031-2021) amending Section .441 to the City of Pomona Zoning Ordinance per the new underlined language as follows:
Sec . .441. - Uses permitted.
No building or structure shall be erected or enlarged except for any use permitted which does not intensify the legally existing use in the zone to which this supplemental use district is added , and providing that a conditional use permit is first obtained, according to the procedure of Section .580.
The provisions of this section shall not apply to the following instances:
A. The development or rebuilding of a one-story single family dwelling upon a vacant lot in those districts which allow such use by right.
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B. The structural alteration or enlargement of up to 50 percent of the original gross floor area of a one-story single family dwelling upon a lot where only one dwelling exists.
C. Housing Development Projects subject to the provisions of Section .460 - SB 330 OVERLAY DISTRICT.
SECTION 7. The City Council of the City of Pomona hereby approves Code Amendment (CODE 16031-2021) amending the City of Pomona's Zoning Map by establishing the SB 330 Overlay District as depicted on" Exhibit A".
SECTION 8. This ordinance takes effect immediately upon its adoption.
SECTION 9. 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 10. 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 2nd day of August , 2021.
APPROVED AS TO FORM:
Sonia Carvalho
City Attorney
CITY OF POMONA:
/,,.;-~
Tim Sandoval
Mayor
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Page to of 11
ST A TE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Urgency Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Pomona held on August 2, 2021 and was adopted at second reading at a regular meeting of the City Council of the City of Pomona held on August 2, 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garcia, Lustro, Nolte , Ontiveros-Cole , Preciado, Torres , Sandoval None
None
None
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"EXHIBIT A"
SB 330 Overlay District Map
Overlay
.. Pomona City Boundary .. -.
SB 330
overlay District
0 0.5
Miles
N
A S GiS
2