CITY OF POMONA
COUNCIL REPORT
August 2, 2021
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita D. Gutierrez, AICP, Development Services Director
SUBJECT: INTRODUCTION AND ADOPTION OF AN URGENCY ORDINANCE
FOR THE PURPOSE OF ESTABLISHING AN OVERLAY DISTRICT
AND DISCRETIONARY ENTITLEMENT MECHANISM TO REVIEW
HOUSING DEVELOPMEN T PROJECTS ELIGIBLE FOR RELIEF
UNDER SENATE BILL 330 FROM BEING REQUI RED TO PROCESS A
CHANGE OF ZONE
RECOMMENDATION:
It is recommend ed that the City Council introduce, waive further and give reading to the following urgency ordinance (Attachment No. 1 and 2):
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 ADMINISTRTATIVE PROCEDURES FOR A DEVELOPMENT PLAN REVIEW, AND AMENDING SECTION .441 OF THE
POMONA ZONING ORDINANCE FOR THE PURPOSES OF ELIMNATING
CONFLICTS WITH THE “S” SUPPLMENTAL USE OVERLAY DISTRICT
EXECUTIVE SUMMARY:
A city-initiated request to amend the Pomona Zoning Ordinance (PZO) to establish an overlay district and discretionary entitlement mechanism for the purpose of review housing development projects that are eligible for relief under Senate Bill 33 0 (“SB 330”) from being required to process a change of zone. If approved, this request will add Section .460 and Section .585 to the PZO, as well as amend Section .441 of the PZO.
FISCAL IMPACT:
No fiscal impact at this time.
Reading of Urgency Ordinance No. 4306 for Code Amendment (Code 16431-2021)
ENVIRONMENTAL IMPACT:
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 CE QA 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 acti vity 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 a n 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.
DISCUSSION:
SB 330 Overview
On October 9, 2019, Governor Newsom signed into law Senate Bill 330 (“SB 330”) also known as the Housing Crisis Act of 2019. SB 330 creates new state laws regarding the production, preservation and planning for housing. It amends the Permit Streamlining Act and Planning and Zoning Law all under Title 7 of the California Government Code. The bill establishes a statewide housing emergency through January 1, 2025.
SB 330 aims to increa se certainty in the development process, speeding the review of new Housing Development Projects, preserving existing affordable housing and preventing certain zoning actions that reduce the availability of housing. Specifically, SB 330 does the following:
Vesting. Creates a new vesting process for fees, zoning and land use ordinances, policies, and standards in place at the time that a preliminary application is submitted, with limitations;
Historic Properties. Requires that the historic status or designation of any site be determined at the time an application for a discretionary action is deemed complete; Design Standards. Prohibits imposing or enforcing non-objective design review standards established after January 1, 2020;
Time Limits. Shortens required permit review timeframes and limits the number of public hearings to five (5) for housing projects that meet all applicable objective zoning standards;
Downzoning Restrictions. Prohibits legislative actions that reduce total zoned capacity for housing (i.e. "downzoning") in the City and clarifies the circumstances under which Housing Development Projects may have their density reduced under the Housing Accountability Act;
Housing Loss. Prohibits approval of a Housing Development Project that results in a net loss of housing units; and
Protected Units and Tenant Protections. Creates new housing replacements, eviction protections, relocation assistance, and right-of-return requirements.
Reading of Urgency Ordinance No. 4306 for Code Amendment (Code 16431-2021)
Rezoning Prohibition. Local agencies are prohibited from requiring an applicant to rezone a site if the housing development project is consistent with objective general plan standards and criteria.
Implications of SB 330
Staff would like to highlight the specific provision under SB 330 regarding rezoning prohibitions. As noted above, SB 330 does not require a housing development to be rezoned if the property is consistent with the objective general plan standards and criteria . Government Code Section 65589.5(j)(4) states, “a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsis tent with the general plan.” In order to understand the implications of this provision under SB 330, it would be helpful to understand what occurred in the 2014 General Plan update.
The City updated its General Plan in 2014 and at that time established re sidential density and height standards for all properties within the City with some exceptions. In order to implement the envisioned density established by the General Plan, the City would need to update its Zoning Code and Specific Plans accordingly. Howe ver, to date, the City has only implemented the General Plan’s envisioned density in a handful of areas within the City: the Pomona Corridors Specific Plan area, the Downtown Pomona Specific Plan area , portions of the Phillips Ranch Specific Plan area, and the Small Lot Residential district. The Zoning Code update to address the remaining areas of the City is currently in progress and is anticipated to be completed in early 2023. What this means is that the envisioned density established by the General Plan has not been implemented for the majority of the City. Because of this, any property that was established with residential densities through the General Plan update in 2014, but not rezoned accordingly to implement the General Plan can still be developed with a housing development project even if the underlying zone does not allow residential uses (for example Commercial or Industrial zoned properties).
In certain zones, such as commercial and industrial zones, there is no mechanism to trigger a discretionary review for a proposed housing development project. Without a discretionary review, there is no ability for staff to require an environmental review under CEQA or impose conditions of approval with a reasonable nexus for things like public improvemen ts.
Additionally, staff can only apply objective zoning standards that facilitate and accommodate development at the density permitted on the site and proposed by the development. In theory, a proposed housing development project can be approved under plan check submittal only, with no review by the Director or Planning Commission, no conditions of approval imposed, and no CEQA review.
Solution
In order to address the issues noted above posed by SB 330, staff is recommending the establishment of an Overlay Zone as an interim measure until such time the Zoning Code update is finalized. Through an Overlay Zone, staff can develop a trigger for requiring housing Reading of Urgency Ordinance No. 4306 for Code Amendment (Code 16431-2021)
development projects to process a discretionary review, like a Development Plan Review, a nd thereby apply CEQA accordingly and impose conditions of approval as necessary. Staff obtain ed substantive feedback and support from the Planning Commission regarding the proposed urgency ordinance under discussion items during regularly scheduled meetin gs held on June 9, 2021 as well as July 14, 2021. The urgency ordinance, as proposed, has been revised to reflect the feedback and comments obtained from the Planning Commission during those meetings.
COUNCIL PRIORITIES & GOALS:
This item supports the June 21, 2021 adopted City Council Priorities and Goals, Priority 2:
Economic Development – Goal J: Encourage the development and maintenance of quality housing opportunities for all.
Prepared by:
_____________________________
Vinny Tam, AICP
Senior Planner
ATTACHMENT(S):
Attachment No. 1 – Draft Urgency Ordinance No. 4306
Attachment No. 2 – Exhibit A – SB 330 Overlay District Map Attachment No. 3 – Staff Presentation