CITY OF POMONA
COUNCIL REPORT
January 27, 2025
To: Honorable Mayor and Members of the City Council
From: Anita D. Scott, City Manager
Submitted By: Betty Donavanik, Director of Development Services SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 4354 AMENDING CITY OF POMONA ZONING AND DEVELOPMENT CODE SECTION 830.A (ACCESSORY DWELLING UNITS) PERTAINING TO ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS IN COMPLIANCE WITH STATE LAW AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 4354 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CITY OF POMONA ZONING AND DEVELOPMENT CODE SECTION 830.A (ACCESSORY DWELLING UNITS) PERTAINING TO ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS IN COMPLIANCE WITH STATE LAW AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA DISCUSSION:
This ordinance was first introduced at the January 6, 2025 City Council Meeting (Attachment No. 2). The proposed Ordinance No. 4354 (Attachment No. 1) would amend the City of Pomona Zoning and Development Code (PZDC) for the purpose of regulating Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Unit (JADUs) in accordance with new State law effective January 1, 2025 (AB 2533 and SB 1211). If approved, this request will amend section .830.A of the PZDC pertaining to ADU and JADU regulations.
On December 6, 2024, the City Council adopted Urgency Ordinance No. 4353 amending Section 830.A of the PZDC pertaining to ADU and JADU regulations in order to be in compliance with State Law by January 1, 2025. Should the City Council adopt the proposed non-urgency Ordinance No. 4354, Urgency Ordinance No. 4353 will become null and void upon the effective date of Ordinance No. 4354 which will be the City’s permanent ADU/JADU regulations.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB 1439 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 SB 1439.
FISCAL IMPACT:
There is no fiscal impact to this action.
ENVIRONMENTAL IMPACT:
Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.1 or Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California's Accessory Dwelling Unit and Junior Accessory Dwelling Unit law. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State's Accessory Dwelling Unit law.
Prepared by:
Vinny Tam, AICP
Supervising Planner
ATTACHMENT(S):
Attachment No. 1 – Proposed Ordinance No. 4354 & Exhibit A Attachment No. 2 – City Council Staff Report and Attachments dated 1/6/25 Second Reading of Ordinance No. 4354 for Code Amendment (CODE-001662-2024)