CITY OF POMONA
COUNCIL REPORT
September 9, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Ata Khan, Deputy Director of Development Services SUBJECT: PUBLIC HEARING FOR AN APPEAL OF PLANNING COMMISSION’S APPROVAL OF A HOUSING DEVELOPMENT PROJECT (DPR-021499-2023, TRACTMAP-021501-2023) TO DEVELOP 45 DWELLING UNITS RECOMMENDATION:
It is recommended that the City Council take the following actions:
Conduct a Public Hearing regarding the appeal received for the Housing Development Project; and After receiving public comment and testimony, close the Public Hearing and adopt the following resolutions (Attachment No. 1 and 2):
RESOLUTION NO. 2024-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING A DEVELOPMENT PLAN REVIEW (DPR-021499-2023) FOR THE DEVELOPMENT OF 45 RESIDENTIAL UNITS AS WELL AS ASSOCIATED ON-SITE AND OFF-SITE IMPROVEMENTS ON A PROPERTY LOCATED AT 1707 N. TOWNE AVENUE (ASSESSOR’S PARCEL NUMBER 8339-001-008) RESOLUTION NO. 2024-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 84154 (TRACTMAP-021501-2023) FOR CONDOMINIUM PURPOSES IN ASSOCIATION WITH THE DEVELOPMENT OF 45 RESIDENTIAL UNITS AS WELL AS ASSOCIATED ON-SITE AND OFF-SITE IMPROVEMENTS ON A PROPERTY LOCATED AT 1707 N. TOWNE AVENUE (ASSESSOR’S PARCEL NUMBER 8339-001-008) EXECUTIVE SUMMARY:
On May 26, 2024, the Planning Commission held a public hearing and approved a request for a housing development project (Case File:DPR-021499-2023, TRACTMAP-021501-2023) to develop a 1.9 acre site with 45 dwelling units within eight, three-story townhomes with private and common open spaces, garage parking, surface parking, and landscaping, at 1707 North Towne Avenue (5-0-0-2) (Attachments Nos. 3-8). The Commission’s approval included additional conditions by Staff, resulting from a community meeting held by the Applicant. Councilmember Ontiveros-Cole appealed the decision and the City Council did not uphold the Commission’s decision. Therefore the matter is now before the Council as a public hearing, and Staff has not changed its recommendation. The proposed project is a “housing development project,” subject to the Housing Accountability Act, also known as Senate Bill 330 (SB 330). One key provision of this State law is that a housing development project may not be denied unless there’s a specific adverse impact.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☒ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
There is no fiscal impact to this action.
PUBLIC NOTICING REQUIREMENTS:
A copy of the public hearing notice was published in the Inland Valley Daily Bulletin on August 30, 2024 and was sent to the owners and occupants of properties within a 1,000-foot radius of the subject site (Attachment No. 12). Note that the public hearing notice is normally required to be issued to properties within 400-feet of the subject property, but due to significant community interest in the project the noticing radius was extended to a 1,000 foot radius as well as to attendees who provided their mailing address at the community meeting held on April 20, 2024.
PREVIOUS RELATED ACTION:
On May 26, 2024, at its regularly scheduled meeting, the Planning Commission held a public hearing and approved a request for housing development project (Case File: DPR-021499-2023, TRACTMAP-021501-2023) at 1707 North Towne Avenue (5-0-0-2).
On June 27, 2024, Councilmember Ontiveros-Cole filed an appeal of the decision. (Attachment No. 9) On August 5, 2024, the City Council did not uphold the Planning Commission’s approval decision and directed the matter to a public hearing. (Attachment No. 10) ENVIRONMENTAL IMPACT:
In compliance with the California Environmental Quality Act (CEQA) guidelines, Staff has determined that the proposed project meets the criteria for an exemption under Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning) of CEQA. The proposed project is consistent with the City's General Plan; the proposed project will not result in any peculiar impacts that were not identified as a significant impact under the 2014 General Plan Update EIR (GPU EIR); the project site has no value as habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment that were not identified as significant in the GPU EIR; the proposed project will not result in a potentially significant offsite impact or cumulative impact not discussed in the GPU EIR; the proposed project will not result in a more severe impact due to substantial new information that was not known at the time the GPU EIR; and the site can adequately be served by all required utilities and public services. Therefore, no further environmental review is required. The General Plan Conformance Report is attached to the Staff report as Attachment No 8.
DISCUSSION:
PROPERTY DETAILS
Address
1707 N. Towne Ave.
Assessor’s Parcel Number (APN)
8339001008
Lot Size
+/- 1.9 acres or 82,764 square feet
General Plan Land Use
Activity Center, Urban Neighborhood
General Plan Transect
T5, 6 floors max., 80 DU/AC max.
T4-A, 4 floors max., 70 DU/AC max.
Zoning District
Administrative Professional (A-P) district
SB330 Overlay district
Historic District
N/A
Specific Plan
N/A
City Council District
District 4 – Elizabeth Ontiveros-Cole
Applicant
Tim Sales for RC Homes, Inc.
Property Owner
ADC POMONA 3 LLC
LOCATION
General Location
The project site is located south of the Interstate 10 Freeway at the northwest corner of Towne Ave. and San Bernardino Ave. Adjacent to the site is a vacant property immediately to the north, the Covenant Korean Church to the east, residential neighborhood to the south and the Central Baptist Church to the west. See Figures 1.1 and 1.2.
Figure 1.1 Vicinity Map
Figure 1.2 Aerial View
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Zoning
The ⃞ project site has a zoning designation of █ Administrative Professional district and █ SB330 Overlay district. See Figure 2.1.
Figure 2.1 Zoning Map
General Plan
The ⃞ project site has a General Plan Place Type designation of █ Activity Center and █ Urban Neighborhood. See Figure 3.1.
Figure 3.1 General Plan Place Type Map
The ⃞ project site has a General Plan Transect designation of █ T5 (6 floors max., 80 DU/AC max.) and █ T4-A (4 floors max., 70 DU/AC max.). See Figure 3.2.
Figure 3.2 General Plan Transect Map
REQUEST DETAILS
Vehicular Access
The project site fronts two streets: San Bernardino Ave. (Local Street classification) along the southern edge of the property and Towne Ave. (Major Arterial classification) along the western edge of the property. Primary vehicular access to the project site will occur at a single driveway located along San Bernardino Ave. A dedicated emergency vehicle access point will occur at a single driveway located along San Bernardino Ave. The applicant is proposing to install a vehicular gate at the San Bernardino Ave. driveway. Staff is recommending against the installation of the vehicular gate per General Plan policy 7D.18 which states, “Discourage gated entrances and restricted public access to subdivision/residential streets.” The applicant has also proposed a gate at the Towne Ave. driveway, however, Staff is not opposed to this gate as it is intended for emergency vehicle access only. The project shall be conditioned to install a knox box on any gates to provide access to emergency personnel. [Remainder of Page Intentionally Left Blank]
Figure 4.1 Vehicular Entry Access
Interior vehicular access is provided by a primary drive aisle beginning at San Bernardino Ave. that will traverse the western edge of the project site, continue easterly and terminate at the emergency vehicular access driveway along Towne Ave. Three additional private drives will feed off the primary drive aisle providing access to the ground level garages for each unit.
Figure 4.2 Vehicular Interior Access
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Pedestrian Access
Multiple pedestrian access points have been incorporated into the design of the project site. Along Towne Ave. there are direct entryways into the four units located at the northeast corner of the site. There are also two pedestrian gates between buildings “2” and “3” as well as buildings “4” and “5” that lead to paseos and entry ways to buildings “2 through 5”. Along San Bernardino Ave. there are direct entryways into all seven of the units along the southern edge of the property. There is also a single pedestrian gate between the driveway entry and building “1.” Staff is recommending against the installation of the pedestrian gate along San Bernardino Ave. per General Plan policy 7D.18 which states, “Discourage gated entrances and restricted public access to subdivision/residential streets.” Figure 5.1 Pedestrian Access
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An interior pedestrian path of travel has been incorporated into the design of the project site. The pedestrian path of travel provides access from each of the units to the designated common open space area and paseos as well as access to San Bernardino Ave. and Towne Ave. The pedestrian path of travel will consist of concrete sidewalks and be conditioned to utilize decorative material for portions of the path of travel that crosses the vehicular drive aisle.
Figure 5.2 Pedestrian Path of Travel (POT)
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Building Configuration
The project is proposing the construction of 45 townhouse style units, consisting of eight structures, each three stories in height. Building “1” will front San Bernardino Ave. and have direct entry to the homes from the public right-of-way. Buildings “2” and “3” as well as buildings “4” and “5” will front interior paseos and have direct entry to the homes from those paseos. Building “6” will front Towne Ave. and have direct entry to the homes from the public right-of-way. Building “6” will include a single ADA unit. Building “7” and “8” will front the common open space area and have direct entry to the homes from the open space area. Building “7” will include four ADA units. All units will have vehicular access to the garages via the private drives.
Figure 6.1 Building Configuration
Table 6.1 Building Type
Building No.
1 2
3 4
5 6
7 8
Building Type
7-plex
7-plex
7-plex
7-plex
7-plex
4-plex
4-plex
2-plex
Table 6.2 Unit Mix
Plan Type
Qty.
Area (sf)
Private OS (sf)
Beds
Bath
Plan 1
3 1,274
48 3
2.5 Plan 2
18 1,583
84 3
2.5 Plan 2 ADA
5 1,554
84 3
2 Plan 3
19 1,696
83 4
3.5 Floor Plans
The project’s individual units are composed of three different floor plans ranging from 1,274 square feet in area to 1,696 square feet. Each of the units includes the following amenities:
Living room
Dining room
In-unit washer and dryer
Walk-in closet (Plan 1 only)
Den or accessible restroom (Plan 2 only)
2-car garage
In-garage storage for recycling, compost, and trash
Deck (Plans 2 and 3 only)
Figure 7.1 Floor Plan, Plan 1
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Figure 7.2 Floor Plan, Plan 2
Figure 7.3 Floor Plan, Plan 3
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Architecture
The project’s architecture takes cues from the neighborhoods located to the south of the project site and incorporates elements of the Spanish Revival style. Some of the prominent identifying features of the Spanish Revival style incorporated into the building design include:
Combined hip-and-gable roofs
S-Tile roof coverings
Decorative tile around entry ways
Decorative, round “clay vents”
Decorative shutters
Decorative iron grilles
Decorative corbels
Other architectural features include: white and beige stucco façade, metal roll-up garage doors, metal balcony railings, and decorative wall mounted lighting.
Figure 8.1 Illustrative Elevation
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Open Space
Open space will be provided in the form of both common open space and private open space. The common open space consists of a large passive lawn area, covered gazebo area, dog park, and paseos. Additional open space amenities include benches, group seating areas, outdoor barbecues, garden beds, and outdoor movie screen backdrop. Private open space will be provided by a series of decks on the second floor of Plans 2 and 3.
Figure 9.1 Common Open Space
Figure 9.2 Private Open Space, Plan 2 Deck
Figure 9.3 Private Open Space, Plan 3 Deck
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Landscaping
The project will incorporate approximately 15,721 square feet of landscaped area throughout the site. The landscaping will consist of a mix of drought tolerant trees and shrubs and be required to comply with the city’s Model Water Efficient Landscape Ordinance.
Figure 10.1 Conceptual Landscape Plan
Fencing and Walls
The project will construct multiple fences and walls, primarily along the perimeter of the site, ranging from 3-feet to 8-feet in height. All fencing will be constructed of tubular steel and all walls will be constructed of split face block. Four pedestrian access gates are proposed, including three along Towne Ave. and one along San Bernardino Ave. A sliding vehicular gate is proposed along Towne Ave. for emergency vehicle access only and one swinging vehicular gate along San Bernardino Ave. Staff is recommending against the installation of the pedestrian and vehicular gates along San Bernardino Ave. per General Plan policy 7D.18 which states, “Discourage gated entrances and restricted public access to subdivision/residential streets.” [Remainder of Page Intentionally Left Blank]
Figure 11.1 Fence and Wall Plan
APPLICABLE REGULATIONS
Tentative Tract Map
In accordance with the Subdivision Map Act and City of Pomona Subdivisions Ordinance No. 2779, the Planning Commission shall be the advisory body for tentative maps and shall make seven findings in order to approve a tentative map. The required findings have been incorporated into the attached resolution. The proposed map is consistent with the General Plan, is physically suitable for type of development proposed and is not likely to cause negative impacts to the surrounding neighborhood in that the subdivision is for residential development purposes only.
Inclusionary Housing
In accordance with Ordinance No. 4295, Inclusionary Housing, “a residential development that includes three (3) or more dwelling units shall provide for the construction of inclusionary units in accordance with this Article, unless an alternative means of compliance is permitted in accordance with Division 3 of this Article.” While the project proponent is processing a tentative tract map for subdivision and possible future sale of the units, they have also indicated their intention to rent the units prior to any sales. As such, the project will be subject to the rental inclusionary set aside ratio of 13% or five (5) units.
Senate Bill 330 (SB 330)
Summary of SB 330. On October 9, 2019, Governor Newsom signed into law the Housing Crisis Act of 2019 also known as Senate Bill 330 (“SB 330”). SB 330 creates new state laws regarding the production, preservation and planning for housing. It amends the State Housing Accountability Act, Permit Streamlining Act and Planning and Zoning Law all under Title 7 of the California Government Code. The bill (and subsequent amendments) establish a statewide housing emergency for ten (10) years from January 1, 2020 to January 1, 2030.
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. 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 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.
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.
Rezoning Prohibition. As noted above, 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 inconsistent with the general plan.” In this case, the project site is zoned Administrative Professional (A-P) which does not permit the development of residential uses beyond 15 dwelling units per acre, however, the project site is designated as General Plan Place Type or Urban Neighborhood and Activity Center, which contemplate residential uses, as well as Transect Zones T4-A and T5, which allow residential densities of up to 70 dwelling units per acre and 80 dwelling units per acre, respectively. The project is proposing residential density at a rate of 23 dwelling units per acre. Therefore, a change of zone is not be required because the proposed project demonstrates consistency with the project site’s General Plan Place Type and Transect Zone designations.
Limitations on Applying Objective Development Standards. Furthermore, Government Code Section 65589.5(j)(4) states, “If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to 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.” According to State regulations, the City may only apply applicable development standards to the extent that they accommodate the allowed density for the subject site. If the application of an objective development standard would not accommodate the allowed density for the subject site, the City would be limited from applying that standard.
Disapproving Housing Development Projects. In addition, SB 330 establishes specific written findings that must be made in order to disapprove a housing development project. A local agency shall not disapprove a housing development project … unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
Medium Density Multiple-Family (R-3) Standards
Summary of Compliance. Staff has determined that the proposed site design is in compliance with all applicable zoning and general plan object design standards. The proposed project was also reviewed by relevant City departments as well as the County of Los Angeles Fire Department Land Development Unit. A table with a detailed analysis of the project’s compliance with the applicable standards has been provided below.
Table 4.1. Summary of Compliance
Development Standards
Zoning Code Requirements
Proposed Project
Compliance Determination
DU Density
15 DU per acre min.
23 DU per acre
Yes
Lot Area
1,500 s.f. min. per unit
1,839 s.f. per unit
Yes
Lot Width
75’ min.
+/- 206’
Yes
Lot Depth
100’ min.
+/- 388’
Yes
Unit Size
3-bd: 1,200 s.f. min.
3-bd: 1,274 to 1,554 s.f.
Yes
4-bd: 1,400 s.f. min.
4-bd: 1,696 s.f.
Front Yard
25’ min.
12'
Yes, w/SB330 relief
Side Yard
15' min.
3'-5"
Yes, w/SB330 relief
Rear Yard
25'-8" min.
6'-4"
Yes, w/SB330 relief
Building Separation
15’ min.
15'
Yes
Building Height
2 floors max.
3 floors, 32’-0”
Yes, GP allows up to 4-6 floors; superseded per SB 330
Common Open Space
24,500 s.f.
15,721 s.f.
Yes, w/SB330 relief
Private Open Space
70 s.f. per unit
76.25 s.f. to 84 s.f. per unit
Yes, w/SB330 relief
Parking
134 spaces
102 spaces
Yes, w/SB330 relief
COUNCIL PRIORITIES & GOALS:
This item supports the following 2021-2022 City Council priorities and goals:
Priority 2: Economic Development – Goal J: Encourage the development and maintenance of quality housing opportunities for all.
ALTERNATIVES:
The City Council has the following alternatives:
City Council denies the request and makes written findings, based upon a preponderance of the evidence in the record to disapprove a housing development project per the provisions of SB 330 (see pages 19-20, “Disapproving Housing Development Projects”).
Prepared by:
_____________________________
Vinny Tam
Supervising Planner
ATTACHMENTS:
Attachment No. 1 – Draft CC Resolution 2024-134
Attachment No. 2 – Draft CC Resolution 2024-135
Attachment No. 3 – Draft Minutes of 6-26-2024 Planning Commission Meeting Attachment No. 4 – PC Staff Report 6-26-2024
Attachment No. 5 – Draft Approved PC Resolution 24-011
Attachment No. 6 – Draft Approved PC Resolution 24-012
Attachment No. 7 – PC Proof of Publication and Mailing
Attachment No. 8 – General Plan Conformance Report
Attachment No. 9 – Appeal Form
Attachment No. 10 – CC Consent Item Staff Report 7-15-2024 Attachment No. 11 – Proposed Plans
Attachment No. 12 – CC Proof of Publication and Mailing Attachment No. 13 – Presentation
Public Hearing (Appeal) of DPR-021499-2023, TRACTMAP-021501-2023 at 1707 N. Towne Avenue