URGENCY ORDINANCE NO. 4311
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RE-ESTABLISHING 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, 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; 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 zoning code and zoning map; WHEREAS, the City is currently in the process of updating its sixth cycle housing element and will be considering changes to its pro-housing policies in the upcoming comprehensive update to the City’s zoning code and zoning map; WHEREAS, as an interim measure and until such time a comprehensive update to the City’s zoning code and zoning map are completed, 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 general 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 adopted Urgency Ordinance No. 4306 on August 2, 2021 in response to the State’s approval of 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 under certain circumstances, extended the statewide housing emergency to be in effect until January 1, 2030, and amended the State Housing Accountability Act and Planning and Zoning Law, all under Title 7 of the California Government Code, to further address the statewide housing emergency; WHEREAS, for housing development projects subject to SB 330, the City intends to establish both a ministerial and discretionary process to review such projects as well as establish development standards in compliance with State law; WHEREAS, the City intends to amend the zoning map in order to establish the boundaries of the SB 330 Overlay District; WHEREAS, the City desires to maintain full compliance with recent State law amending the Housing Crisis Act of 2019 by implementing Urgency Ordinance No. 4311; WHEREAS, as part of Pomona Pro-Housing effort, the SB 330 Overlay District has been used to inform the Regional Housing Needs Assessment site inventory; WHEREAS, the City’s General Plan permits residential use densities ranging from one dwelling unit per acre up to 100 dwelling units per acre, but in no instance restricts residential density to a single dwelling unit in any zone. By establishing a base transect zone that allows for density of up to 20 dwelling units per acre, an objective standard that has been vested with the passage of SB 330, there are no purely single-family residential zones in Pomona, and multiple dwelling units are permitted within Pomona’s residential districts, provided they are consistent with General Plan standards and criteria; WHEREAS, through the adoption of the SB 330 Overlay District and consistent with codified General Plan standards, there are no zones within Pomona where a single residential dwelling is the only allowed primary residential use; WHEREAS, the City’s codified, Pro-Housing policies presently preclude exclusive, single-family residential zones, and this urgency measure ensures consistency with those General Plan requirements that includes ministerial approval for a number of small-density housing development projects; WHEREAS, the City of Pomona has duly initiated Code Amendment (CODE 17407-2021); 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 urgency ordinance 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 urgency ordinance to re-establish an SB 330 overlay district does not designate additional lands for new 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 February 7, 2022.
SECTION 3. The City Council hereby finds that the proposed urgency ordinance and Code Amendment contained herein 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 and is hereby replaced with Urgency Ordinance No. 4311 upon its adoption.
SECTION 5. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) adding Section .460 to the City of Pomona Zoning Ordinance per the new underlined language as follows:
Section .460 – SB 330 OVERLAY DISTRICT.
Purpose and Intent.
On October 9, 2019, Senate Bill 330 (SB 330) also known as the Housing Crisis Act of 2019, was signed into law and later amended under SB 8 on September 16, 2021. Among the provisions adopted under SB 330, as amended, 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, adoption of a specific plan, or specific plan amendment.
Applicability.
Underlying, Non-residential Zones. Any new construction proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District that is within an underlying non-residential and/or mixed-use zone district shall be subject to the provisions of this section and shall be required to obtain approval of a Development Plan Review according to the procedures established under Section .585.
Underlying, Residential Zones.
Any new construction of four (4) or fewer units proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District and an underlying residential zone district shall be subject to the provisions of this section and shall be required to obtain a building permit, which shall be reviewed ministerially.
Any new construction of five (5) or more units proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District and an underlying residential zone district shall be subject to the provisions of this section and shall be required to obtain approval of a Development Plan Review according to the procedures established under Section .585. “Housing development project” means a use consisting of any of the following, and as designated pursuant to State Law:
One (1) or more residential units.
Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
Transitional housing or supportive housing.
Uses
The SB 330 Overlay District shall supersede all use permissions of the underlying zone for single family dwellings and multiple family dwellings uses only. All other use permissions and prohibitions shall defer to the underlying zone district.
Single family dwellings shall be considered a permitted primary use.
Multiple family dwellings shall be considered a permitted primary use.
Development Standards.
Property in the SB 330 Overlay District shall be subject to the following development standards, to the extent those development standards are applicable:
“R-1-10,000” Single-family residential district for Housing Development Projects proposing a density from one (1) to six (6) dwelling units per acre. “R-2” Low Density Multiple-Family Zone for Housing Development Projects proposing a density from seven (7) to fourteen (14) dwelling units per acre. “R-3” Medium Density Multiple-Family Zone for Housing Development Projects proposing a density from fifteen (15) to twenty-nine (29) dwelling units per acre. “R-4” High Density Multiple-Family Residential Zone for Housing Development Projects proposing a density greater than thirty (30) dwelling units per acre.
Maximum number of floors and density standards established in the base General Plan Transect Zone designation, shall supersede the maximum number of floors and density standards established in the R-1-10,000, R-2, R-3 and R-4 districts.
Properties with a minimum area of one-half (0.5) acre and a Transect Zone designation of T4-A, T5, or T6-B shall require a minimum housing density of at least thirty (30) dwelling units per acre.
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.
Exemption
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. 4311.
Approved tentative subdivision maps or recorded lots that are otherwise vested pursuant to California Government Code, Sections 66498.1 through 66498.9 as of the effective date of this Urgency Ordinance No. 4311.
SECTION 6. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) adding Section .585 to the City of Pomona Zoning Ordinance per the new underlined language as follows:
Section .585 – DEVELOPMENT PLAN REVIEW.
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.
Authority.
Director of Development Services
Any new construction proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District shall fall under the review authority of the Director of Development Services unless the underlying zoning district is a non-residential or mixed-use zoning district.
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.
The Director of Development Services may refer a Development Plan Review application to the Planning Commission for consideration and decision.
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.
Planning Commission
Any new construction proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District and within a non-residential or mixed-use zone shall fall under the review authority of the Planning Commission.
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.
The Planning Commission has the authority to approve, conditionally approve, or deny a Housing Development Project subject to any limitations under State law.
The Planning Commission 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.
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.
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 Development Plan Review within the approved or extended time period, the Development Plan Review shall be terminated.
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.
Findings. To approve a Development Plan Review, the approving body shall make the following objective findings:
The project is consistent with the City of Pomona General Plan and all applicable requirements of the Pomona City Code.
The project complies with the applicable regulations of the Pomona Zoning Ordinance and all other applicable Federal, State, and local regulations.
Public Notice and Hearing. In addition to all notice required pursuant to State law, all Development Plan Reviews heard by the Director of Development Services or Planning Commission, require a public hearing. 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.
Appeals.
Actions Taken by the Development Services Director.
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.
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 consistent with City’s Master Fee Schedule.
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.
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.
Said appeal stays all proceedings in furtherance of the action appealed until the determination of the appeal as provided herein.
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.
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.
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, applicable City authorities, and under State law.
An appeal may be withdrawn at any time prior to the date and time of the public hearing by the appellant.
An appeal of the Planning Commission to the City Council shall follow the procedures established under Section .560(f).
Actions Taken by the Planning Commission.
An appeal of the Planning Commission to the City Council shall follow the procedures established under Section .560(f).
SECTION 7. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) amending the "O" Open space land zone district Section .221 and .222 of the City of Pomona Zoning Ordinance per the new underlined language as follows:
Sec. .221. - Uses permitted.
No building, structure or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes:
A. Recreational uses owned and/or controlled by a governmental or quasi-public agency; B. All permanent structures that are developed to be the primary or dominant use of a property within this zone by either a governmental agency or a private party shall be allowed only by conditional use permit, except for Housing Development Projects subject to the provisions of Section .460 – SB 330 OVERLAY DISTRICT. All permanent structures that are a collateral, accessory, or incidental component of a recreational open-space or an open space agricultural use shall be allowed without the requirement of a conditional use permit. The conditional use permit shall be reviewed per criteria described in section .221 (G)(7); C. Flood control facilities;
D. Off-street parking facilities;
E. Golf courses (not to include w2miniature golf, driving ranges, or night-lighted courses); F. Raining of crops;
G. Open space uses allowed by conditional use permit only:
1. Archery ranges,
2. Bridle trails,
4. Driving ranges,
5. Fishing ponds,
6. Accessory food and beverages uses,
7. Any other use the city planner determines to be similar to the above.
H. Circuses, carnivals, fairs, and other amusements subject to a public use permit, Section .581. (Ord. No. 3618, § 2 (part).) I. Group care facilities subject to the provisions of Section .5809-14 (Ord. No. 3971, § 5.) J. Housing Development Projects subject to the provisions of Section .460 – SB 330 OVERLAY DISTRICT.
Sec. .222. - Uses expressly prohibited.
A. Residential uses are prohibited with the exception of (1) qualifying Housing Development Projects subject to the provisions of Section .460 – SB 330 Overlay District and (2) Watchman or Caretaker and his family.; B. Commercial uses other than those uses approved by the planning commission by conditional use permit or those related to and under the regulations of the city, county, state or federal government as limited by section .221(B); C. Industrial uses. (Ord. No. 2508, § 3; Ord. No. 3219, § 2.) D. Medical marijuana dispensaries. (Ord. No. 4096, § 3.) SECTION 8. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) amending the "S" supplemental use overlay district, Section .441 of 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:
The development or rebuilding of a one-story single family dwelling upon a vacant lot in those districts which allow such use by right.
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.
Housing Development Projects subject to the provisions of Section .460 – SB 330 OVERLAY DISTRICT.
SECTION 9. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) amending Section .554(E) to the City of Pomona Zoning Ordinance the new underlined language and deleted stricken language as follows:
E. NONCONFORMING/COMPATIBLE ONE FAMILY DWELLING
Additions or enlargements may be allowed to nonconforming/ compatible one family dwellings if the following standards are met:
a) With the exception of Housing Development Projects subject to the provisions of Section .460 – SB 330 OVERLAY DISTRICT, Tthe new addition or enlargement does not exceed more than 25% of the existing gross square feet of the existing one family dwelling unit. b) The new addition or enlargement shall comply with all the R-1-10,000 zone Development Standards. (Ord. No. 3581, § 3(part).) SECTION 10. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) amending the Conditional Use Permits Section .580 of the City of Pomona Zoning Ordinance per the deleted stricken language as follows:
Sec. .580. – Conditional use permits.
J. The following uses shall be permitted in the zones indicated, provided that a conditional use permit shall first be obtained pursuant to the provisions of this chapter:
Subject to conditional use permit:
*
Multi-family residential of 10 or more units, subject to provisions of Section .58011 R-2, R-3, R-4
SECTION 11. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) deleting Section .58011 - Conditional use permit required for multiple family residential developments, of the City of Pomona Zoning Ordinance per the deleted stricken language as follows:
Sec. .58011. - Conditional use permit required for multiple family residential developments.
1. A conditional use permit shall be required at any time ten or more dwelling units are proposed to be constructed on a lot. (Ord. No. 3385, § 39.)
2. Before a conditional use permit may be granted to construct ten or more dwelling units on a lot, the planning commission shall make the following findings:
A. The building height, size, scale, location and relationship of the proposed development shall be compatible with and not detrimental to both the existing or proposed surrounding development; B. The grading of the site and the vehicular access is compatible with and not detrimental to existing and proposed surrounding development. (Ord. No. 3385, §§ 40, 41: Ord. No. 2575, § 1: Ord. No. 2589, § 1.) SECTION 12. The City Council of the City of Pomona hereby approves Code Amendment (CODE 17407-2021) amending the City of Pomona's Zoning Map by establishing the SB 330 Overlay District as depicted on "Exhibit A".
SECTION 13. This ordinance takes effect immediately upon its adoption.
SECTION 14. 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 15. 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”
SB 330 Overlay District Map
Urgency Ordinance No. 4311
February 7, 2022
Attachment No. 3