CITY OF POMONA
COUNCIL REPORT
February 7, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita D. Gutierrez, AICP, Development Services Director SUBJECT: CITY COUNCIL CONSIDERATION OF INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE NO. 4310, RESCINDING URGENCY ORDINANCE NO. 4306, WHICH ORIGINALLY ESTABLISHED THE SB 330 OVERLAY DISTRICT, AS WELL AS INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE NO. 4311, RE-ESTABLISHING THE SB 330 OVERLAY DISTRICT RECOMMENDATION:
It is recommended that the City Council introduce, waive further, give reading and adopt the following urgency ordinances (Attachment No.’s 1, 2, 3 and 4):
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 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 EXECUTIVE SUMMARY:
The Planning Division is bringing forward a City-initiated request to amend the SB 330 Overlay District within the Pomona Zoning Ordinance (PZO) in order to maintain compliance with State law, as amended under Senate Bill 8 (SB 8), as well as to incorporate Staff recommended revisions and updates to the SB 330 Overlay District map and standards. If approved, this request will rescind Urgency Ordinance No. 4306 and replace it with Urgency Ordinance No. 4310. The SB 330 Overlay District implements the density (number of units allowed to be built per acre) approved under the 2014 Pomona General Plan.
FISCAL IMPACT:
No fiscal impact at this time.
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 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 amendment to establish an 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 increase 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. Additional information regarding the provisions of SB 330 can be found in the attached City Council Staff report dated August 2, 2021.
The primary provision under SB 330 that prompted Staff’s recommendation to adopt an urgency ordinance was the prohibition of local agencies from requiring an applicant to rezone a site if the housing development project is consistent with objective standards and criteria.
Previous Action
On August 2, 2021, the City Council adopted Urgency Ordinance No. 4306, in order to address the provisions of SB 330. By adopting the urgency ordinance, a mechanism was established for discretionary review as well as environmental review under CEQA for housing development projects subject to the Overlay. Applicable development standards for housing development projects and the SB 330 Overlay District Map boundaries were also established.
SB 8 Overview
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 (SB 330) 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.
Implications of SB 8
The primary impact of SB 8 is that the revised definition of a housing development project now includes a single residential unit. Previously, a housing development project included projects of two or more units only. As such, Staff recommends amending the definition for a housing development project accordingly as well as incorporating development standards for single unit development. Additionally, Staff is also recommending the following updates to the ordinance:
Create a ministerial path for projects of four (4) or fewer units.
Revise sections of the zoning code that may require a Conditional Use Permit for certain residential developments.
Revise restrictions on legal, non-conforming residential uses that limit expansion beyond 25% in order to allow expansions beyond 25% if the residence maintains compliance with R-1-10,000 standards.
Update the SB 330 Overlay District Map (clean-up only).
Rescind Urgency Ordinance No. 4306 to be replaced with Urgency Ordinance No. 4310.
Staff obtained feedback and support from the Planning Commission regarding the proposed updates during their regularly scheduled meeting held on January 12, 2022. The feedback provided by the Planning Commission has been incorporated into the draft urgency ordinance.
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. 4310
Attachment No. 2 – Exhibit A – Urgency Ordinance No. 4306 Attachment No. 3 – Draft Rescinding Urgency Ordinance No. 4311 Attachment No. 4 – Exhibit A – SB 330 Overlay District Map Attachment No. 5 – City Council Staff Report of 8/2/2021 Attachment No. 6 – Staff Presentation
Intro. and Adoption of Urgency Ordinance No.’s 4310 & 4311