PLANNING AND HOUSING COMMISSION
STAFF REPORT
DATE: 2/26/2024
TO: Honorable Chair and Commissioners
FROM: Planning and Development Department
APPLICATION REQUEST:
Title
ZTA2024-0001: Zone text amendment to Title 17 of the Corona Municipal Code to add Chapter 17.67 for Low Barrier Navigation Center, and amendments to Chapter 17.87 (Density Bonus Agreements) to update regulations applied to density bonus agreements, and to Chapters 17.91 (Precise Plan) and 17.100 (Architectural Review) to update outdated language. (Applicant: City of Corona)
End
RECOMMENDED ACTION:
Recommended action
That the Planning and Housing Commission recommend APPROVAL OF ZTA2024-0001 to the City Council, based on the findings contained in the staff report.
Body
BACKGROUND
ZTA2024-0001 will implement certain housing programs adopted in the General Plan Housing Element. The Housing Element is a mandatory element of the city’s General Plan and is periodically updated every eight years to comply with the State’s Housing Element law. The Housing Element identifies the city’s existing and projected housing need; goals, policies and quantified objectives for achieving housing for all economic segments of the population, scheduled housing programs for the preservation and development of housing; and an identification of adequate housing sites.
The current Housing Element is for planning period 2021-2029. Per State law, the city provides an annual progress report on the Housing Element to the State’s Housing and Community Development Department (HCD). The progress report is due annually on April 1 to HCD, and reports on the number of housing units in each income category that have been entitled, issued a building permit, and issued a certificate of occupancy. The annual progress report also provides an update on the city’s progress in meeting the quantified objectives of the city’s housing programs.
The city’s Housing Element has 29 programs that are monitored annually. ZTA2024-0001 specifically implements the requirements of Housing Programs 13 and 14. Below is a summary of Housing Programs 13 and 14 and the reason for ZTA2024-0001.
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Housing Element Program |
Reason for ZTA2024-0001 |
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Program 13. Density Bonus Program. State law allows residential density bonuses for housing developments that provide low or moderate income housing units. The city’s ordinance is required to reflect changes to the State density bonus law. |
The objective of Housing Program 13 is to update the city’s ordinance to integrate changes in the state density bonus law. CMC Chapter 17.87 regulates Density Bonus Agreements. New state legislation adopted on October 11, 2023 (AB 1287), changed the requirements for calculating residential density bonuses. Chapter 17.87 is being updated to reflect current definitions, the content of a Density Bonus Agreement, and other regulatory changes. |
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Program 14. Zoning Ordinance Monitoring. The city shall continue to monitor its policies, regulations and standards to facilitate residential and mixed use developments, and emergency shelter regulations. |
The objective of Housing Program 14 is to update certain requirements in the Zoning Code to be consistent with state legislation. The Zoning Code provides regulations for emergency shelters but does not specify low barrier navigation centers adopted by AB 101 in 2019. Chapter 17.67 is being added to the Zoning Code to establish regulations for Low Barrier Navigation Centers. This requirement also crosses into Program 21, which is to allow housing for persons experiencing homelessness. The criteria for the granting of design review applications, such as a Precise Plan and Architectural Review, need to be based on objective findings and not subjective findings. Chapter 17.91 covers the requirements for a Precise Plan application and Chapter 17.100 covers the requirements for Architectural Review. Chapters 17.91 and 17.100 are being amended to remove non-objective findings and other language that is outdated due to changes that have occurred over time without the ordinance being updated. |
PROPOSED AMENDMENT
Chapter 17.87 Density Bonus Housing Agreements and Development Agreements
Chapter 17.87 covers the city’s procedure for a density bonus agreement. Density bonus is a State law regulated by Government Code Sections 65915 - 65918 and is a mechanism to encourage the development of affordable and senior housing by allowing an increase in the residential density that exceeds the density allowed by a city’s General Plan. The law also allows concessions in site development standards and architectural design requirements if it will result in cost reductions for the project to provide for affordable housing costs and rents.
The State density bonus law has been amended several times in previous years by approved state legislation. The latest change in the law was approved in October 2023 by AB 1287. The latest change in the law defines maximum allowable residential density to mean the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the General Plan applicable to the project.
The city’s ordinance has not been updated since 1992. Housing Program 13 of the Housing Element requires the city’s ordinance to be updated to reflect current state law on density bonus. The proposed amendment will provide definitions that are referenced in the State law when applying density bonus, clarification on the projects eligible for density bonus by referring to the housing developments allowed by State law, the city’s application requirements for density bonus, the content of a density bonus agreement, and the review and approval of density bonus agreements by the Planning and Housing Commission and City Council.
The amendments to Chapter 17.87 in its entirety are provided in Exhibit 1. Added language is shown in redlined underlined text with deleted text shown with a strike-through.
Chapter 17.67 Low Barrier Navigation Center
In 2019, AB 101 was approved by the Governor requiring a low barrier navigation center to be a land use allowed by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses. A low barrier navigation center is defined as a Housing First, low barrier, temporary, service enriched shelter focused on helping homeless individuals and families quickly obtain permanent housing. The requirement for a low barrier navigation center is regulated by Government Code Section 65660 et seq.
The city’s Zoning Code already accommodates emergency shelters and permanent and supportive housing. However, a low barrier navigation center is not specifically addressed according to State law. A low barrier navigation center is required to: a) offer services to connect people to permanent housing through a services plan that identifies services staffing, b) have a coordinated entry system, c) comply with certain sections of the Welfare and Institutions Code, d) have a homeless management information system, and e) comply with building code occupancy classification requirements. A low barrier navigation center would also be allowed by right on property zoned mixed use and commercial zones that allow multiple family residential. A fact sheet on a low barrier navigation center was prepared by the State Department of Housing and Community Development (HCD) and is provided in Exhibit 2.
Program 14 of the Housing Element requires the city to update its Zoning Code to establish requirements for a low barrier navigation center. Chapter 17.67 is a new chapter in the Zoning Code establishing the criteria for a low barrier navigation center according to State law. The new chapter provides definitions that are referenced in the State law for a low barrier navigation center, the zones that would allow a low barrier navigation center as a land use by right, the requirements to qualify as a low barrier navigation center and the permit requirement. Proposed Chapter 17.67 in its entirety is provided in Exhibit 3.
Chapter 17.91 Precise Plan and Chapter 17.100 Architectural Review
The city’s design review for projects is reviewed as either a Precise Plan or an Architectural Review. The requirements of a precise plan are governed by Chapter 17.91 and an architectural review is governed by Chapter 17.100. A precise plan and an architectural review are not “land use” applications, and projects reviewed by these applications are land uses allowed by the zoning on the property but are subject to design review. The design review focuses on the site plan, the architectural design of the buildings, and other physical features of the project.
The city is required to make the findings outlined in Section 17.91.070 for the granting of approval of a precise plan or in Section 17.100.040 for the granting of approval of an architectural review. State law requires projects to be reviewed based on the objective development standards adopted for the zoning of the property, master plan, or General Plan. Objective standards are development standards that have quantifiable requirements such as setbacks for buildings, building height, landscaping coverage, parking spaces, architectural requirements, street standards, driveway spacings, and other similar requirements. Objective standards according to the zoning of the property are applied equally to all properties with the same zone and are put in place for the well-being of public health, safety and welfare. Unlike subjective standards, which are the opinion of a person, objective standards prevent biased decisions in the approval or denial of a project.
Housing Program 14 requires the city to remove the subjective findings from the city’s design review process. The findings in Section 17.91.070 and 17.100.070 for the granting of a precise plan or architectural review are being amended to reflect objective development standards related to the zoning requirements of the property, the Zoning Code (Title 17), and other applicable provisions of the Corona Municipal Code (CMC), which include development standards for grading, construction of public improvements, and requirements for off-site improvements. The findings also include adherence to the city’s residential development design guidelines, the city’s industrial development design guidelines, or the design guidelines set forth in a specific plan, as may be applicable.
The subjective findings, such as will provide for harmonious, orderly and attractive development; will not interfere with the use and enjoyment of neighboring developments; will provide a desirable environment for its occupants and visiting public through good aesthetic use of materials, texture and color are being removed.
The amendment to Section 17.91.070 and Chapter 17.100 is shown in its entirety as Exhibits 4 and 5. The Architectural Review Ordinance is older and amendments to Chapter 17.100 also include updated language and an updated format that is consistent with other ordinances in the Zoning Code. The added language is shown in redlined underlined text with deleted text shown with a strike-through.
ENVIRONMENTAL ANALYSIS:
Per Section 15061(b)(3) of the State Guidelines for Implementing the California Environmental Quality Act (CEQA), ZTA2024-0001 is exempt from CEQA based on the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty 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. This amendment solely involves text revisions to the City’s Zoning Ordinance in the Corona Municipal Code, and there is no possibility that the amendment will have a significant effect on the environment. Therefore, a Notice of Exemption has been prepared for the project.
FISCAL IMPACT
ZTA2024-0001 is a city-initiated application. No application fee was paid to process this request.
PUBLIC NOTICE AND COMMENTS
A 10-day public notice was advertised in the Sentinel Weekly News. As of the preparation of this staff report, no public comments were submitted to the department.
STAFF ANALYSIS
ZTA2024-0001 fulfills the requirements of the city’s Housing Element. The amendments reflect current state law on certain land uses and establish certain criteria for the granting of design review applications based on objective development standards.
FINDINGS FOR APPROVAL OF ZTA2024-0001
1. A preliminary exemption assessment has been conducted by the City of Corona and it has shown that this project does not require further environmental assessment because the amendment solely involves text revisions to the City’s Zoning Code in the Corona Municipal Code, and there is no possibility that the amendment will have a significant effect on the environment.
2. The proposed amendment is consistent with the General Plan for the following reason:
a. ZTA2024-0001 fulfills the requirements of Housing Programs 13 and 14 in the Housing Element to accommodate residential density bonus and low barrier navigation centers pursuant to state law and establishes granting criteria for a precise plan application and architectural review application based on objective standards.
3. The proposed amendment is consistent with intent of Title 17 (Zoning Code) of the Corona Municipal Code for the following reason:
a. Title 17 governs the development standards of land uses within the city and establishes other regulatory procedures described in the Zoning Code and ZTA2024-0001 will update certain ordinances to be consistent with state law and establish criteria for the granting of a precise plan and architectural review based on objective development standards.
4. The proposed amendment will provide for the public health, safety, and welfare for the following reason:
a. ZTA2024-0001 establishes regulations for certain land uses according to state law and updates the granting criteria for design review applications based on objective development standards which are intended to protect the well-being of public health, safety and welfare of the general public.
SUBMITTED BY: JOANNE COLETTA, PLANNING & DEVELOPMENT DIRECTOR
EXHIBITS
1. Exhibit 1 - Chapter 17.87 Density Bonus Agreement and Development Agreement (Amendment with Redlines).
2. Exhibit 2 - HCD Fact Sheet on Low Barrier Navigation Center.
3. Exhibit 3 - Chapter 17.67 Low Barrier Navigation Center (Proposed).
4. Exhibit 4 - Section 17.91.070 Granting Criteria for Precise Plan (Amendment with Redlines).
5. Exhibit 5 - Chapter 17.100 Architectural Review (Amendment with Redlines).
6. Exhibit 6 - Environmental documentation.