TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 4, 2024
SUBJECT:
Title
REVISED CITY OF CLAREMONT HOUSING ELEMENT UPDATE - 6TH CYCLE (2021-2029), GENERAL PLAN AMENDMENT TO APPLY THE HOUSING OPPORTUNITY SITE OVERLAY AND ADU-READY RS 10,000 OVERLAY LAND USE DESIGNATIONS TO THE HOUSING ELEMENT’S OPPORTUNITY SITES (#21-GPA01), ZONE CHANGE AND MODIFICATION OF THE CITY OF CLAREMONT ZONING MAP TO IMPLEMENT THE REZONING OF THE HOUSING ELEMENT’S OPPORTUNITY SITES AND TO AMEND THE CLAREMONT ZONING CODE TO REPEAL CLAREMONT MUNICIPAL CODE CHAPTER 16.014 (HDR HIGH DENSITY RESIDENTIAL OVERLAY DISTRICT) AND REPLACE IT WITH A NEW CHAPTER 16.014 (HOUSING OPPORTUNITY SITE OVERLAY), ADD A NEW CHAPTER 16.015 (ADU-READY RS 10,000 OVERLAY) AND AMEND CHAPTER 16.081 (SP SPECIFIC PLAN DISTRICTS) (#21-Z01) AND FINDINGS OF CONSISTENCY WITH THE PREVIOUSLY-CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #2021090340) FOR THE IMPLEMENTING ACTIONS OF THE HOUSING ELEMENT UPDATE. APPLICANT: CITY OF CLAREMONT
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SUMMARY
The Planning Commission is being asked to review and make a recommendation to the City Council regarding the adoption of the Revised Claremont Housing Element Update (HEU or Revised HEU) for the 6th-Cycle Planning Period from 2021-2029 along with the related implementing actions including:
• A General Plan Amendment to apply a new Housing Opportunity Site Overlay and ADU-Ready RS 10,000 Overlay General Plan Land Use Designations to the HEU’s Opportunity Sites and to make minor modifications to the General Plan Land Use Element to make it consistent with the HEU.
• A Zone Change modifying the City of Claremont’s Zoning Map to implement the rezoning of the HEU’s Opportunity Sites and to amend Title 16 - Zoning of the Claremont Municipal Code (CMC) to repeal Chapter 16.014 - HDR High Density Residential Overlay and replace it with a new Chapter 16.014 - Housing Opportunity Site Overlay, add a new Chapter 16.015 - ADU-Ready RS 10,000 Overlay, and amend Chapter 16.081 - SP Specific Plan Districts, all of which contain zoning regulations and development standards applicable to the HEU’s Opportunity Sites in order to accommodate Claremont’s Regional Housing Needs Assessment (RHNA) allocation.
The Housing Element is a state-mandated element of the City’s General Plan. The State’s Housing Element Law requires the Housing Element to identify and analyze the existing and projected housing needs for all segments of Claremont’s population. Of the seven required “elements” of the General Plan, the Housing Element is the only element that must be updated at regular intervals or cycles (typically every eight years). The City must now adopt a Housing Element Update for the “6th Cycle” planning cycle, as the current adopted Housing Element for the 5th Cycle covers the period from 2013-2021. The core purposes of the HEU are to:
• Demonstrate the capacity to accommodate Claremont’s projected housing needs, as identified through the Regional Housing Needs Assessment (RHNA), based on existing housing projects and through the rezoning of parcels throughout the City;
• Bring the City into compliance with housing laws that strive to address the state’s housing crisis through furthering housing production; and
• Set housing programs and provisions to advance the City’s goal of meeting the housing needs of an increasingly diverse population, while protecting the City’s existing residents and safeguarding the City’s character and sense of place.
The Housing Element must comply with comprehensive statutory requirements in the State’s Housing Element Law. The California Department of Housing and Community Development (HCD) is the State’s certifying body for Housing Element Updates. In order for HCD to certify Claremont’s HEU, the City must also complete the rezoning of the Opportunity Sites as set forth in the HEU.
In July 2023, the City Council adopted the HEU (July 2023 Adopted HEU), with direction to staff to work with HCD to identify additional Opportunity Sites in North Claremont to redistribute and reconsider the approach to how new housing units may be accommodated in this part of the city. The City Council also directed staff to work with HCD to explore reducing the density of Opportunity Site 40 at 840 South Indian Hill Boulevard in South Claremont. After considerable consultation with HCD, the HEU was revised to include a new zoning concept for a total of 11 Opportunity Sites in North Claremont: the ADU-Ready RS 10,000 Overlay. The new Overlay would allow these Sites to be subdivided into lots of approximately 10,000-SF in size and be developed with single-family residences with required Accessory Dwelling Units (ADUs). HCD was not supportive of a reduction in density to Site 40. Notwithstanding the above, no other changes were made to the version of the HEU adopted by the City Council in July 2023. On April 30, 2024, HCD issued a letter confirming the revised HEU before the Planning Commission meets all of the statutory requirements of State Housing Element Law.
In addition to reviewing the revised HEU, the Planning Commission is also asked to review the zone changes of the Opportunity Sites to permit higher residential densities and the General Plan Amendment to modify the Opportunity Sites’ General Plan land use designations. The HEU calls for four new Overlay Zones (MFR 30, MFR 60, MU 30, MU 60) that allow for the higher residential densities (30 dwelling units per acre (du/a) and 60 du/a)) necessary to accommodate the RHNA allocation. Staff has prepared two new CMC Chapters; one with development standards and regulations for the Overlay Zones in order to achieve the aforementioned densities, and a second to implement the ADU-Ready RS 10,000 Overlay, for Planning Commission review and recommendation. The Planning Commission is required to hold a public hearing and make recommendations on the HEU and related implementing actions before they can be referred to the City Council for review, adoption, and approval.
The draft revised HEU is included as Attachment B and the revised draft Opportunity Sites Mapbook is included as Attachment C. The proposed CMC Chapter 16.014 - Housing Opportunity Site Overlay and 16.015 - ADU-Ready RS 10,000 Overlay are included as Attachments L and M. The draft revised Zoning Map and draft revised General Plan Land Use Plan are included as Attachments E and G. A draft Planning Commission resolution recommending that the City Council adopt the Revised HEU, approve the related General Plan Amendment, and adopt the related Zone Change per the Revised HEU is included herein as Attachment A. A second draft Planning Commission resolution is also included should the Planning Commission choose to recommend that the City Council approve the General Plan Amendment and adopt the Zone Change per the July 2023 Adopted HEU which does not include the new ADU-Ready Overlay (Attachment C).
To better facilitate the Planning Commission’s ability to make a recommendation to the City Council, staff has included versions of the Zoning Map (Attachment F) and General Plan Land Use Plan (Attachment H) that are consistent with the July 2023 Adopted HEU (i.e. these do not include the ADU-Ready RS 10,000 Overlay).
RECOMMENDATION
Recommended Action
Staff recommends that the Planning Commission adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT THE REVISED 2021-2029 HOUSING ELEMENT UPDATE (#23-GPA01); APPROVE A GENERAL PLAN AMENDMENT TO APPLY THE HOUSING OPPORTUNITY SITE OVERLAY AND ADU-READY RS 10,000 OVERLAY LAND USE DESIGNATIONS TO THE HOUSING ELEMENT’S OPPORTUNITY SITES (#21-GPA01); ADOPT A ZONE CHANGE AND MODIFY THE CITY OF CLAREMONT ZONING MAP TO IMPLEMENT THE REZONING OF OPPORTUNITY SITES IDENTIFIED IN THE HOUSING ELEMENT UPDATE; APPROVE AN AMENDMENT TO THE CLAREMONT ZONING CODE TO REPEAL CLAREMONT MUNICIPAL CODE CHAPTER 16.014 (HDR HIGH DENSITY RESIDENTIAL OVERLAY DISTRICT) AND REPLACE IT WITH A NEW CHAPTER 16.014 (HOUSING OPPORTUNITY SITE OVERLAY), ADD A NEW CHAPTER 16.015 (ADU-READY RS 10,000 OVERLAY); AND AMEND CHAPTER 16.081 (SP SPECIFIC PLAN DISTRICTS); AND FIND THAT THE REVISED HOUSING ELEMENT UPDATE AND IMPLEMENTING ACTIONS ARE CONSISTENT WITH THE PREVIOUSLY-CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE HOUSING ELEMENT UPDATE (STATE CLEARINGHOUSE #2021090340) (ATTACHMENT A).
Per Section 16.318.040 of the Claremont Municipal Code (“CMC”), adoption of this Resolution (or any other affirmative recommendation on a proposed General Plan amendment) requires the affirmative vote of at least five (5) members of the Commission when six (6) or more members are present and eligible to vote on the proposal. If less than six (6) members are present or eligible to vote, adoption of this Resolution requires at least four (4) affirmative votes. Any vote by the Commission which is less than the required number is considered a negative recommendation of the Planning Commission.
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ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, there are the following alternatives:
A. Adopt a resolution of the Planning Commission of the City of Claremont, California recommending that the City Council not adopt the Revised 2021-2029 Housing Element Update and retain the sixth draft of the 2021-2029 Housing Element Update which the City Council approved on July 11, 2023 through the adoption of Resolution 2023-47, and approve a General Plan Amendment to apply a new Housing Opportunity Site Overlay Land Use Designation to the Housing Element’s Opportunity Site; adopt a Zone Change and modify the City of Claremont Zoning Map to implement the rezoning of Opportunity Sites identified in the July 2023 Adopted Housing Element Update; approve an amendment to the Claremont Zoning Code to repeal Claremont Municipal Code Chapter 16.014 (HDR High Density Residential Overlay District) and replace it with a new Chapter 16.014 (Housing Opportunity Site Overlay) and also amend Chapter 16.081 (SP Specific Plan Districts); and find that the implementing actions are consistent with the previously-certified Final Environmental Impact Report for the Housing Element Update (State Clearinghouse #2021090340) (Attachment D)
B. Request changes to either the Revised Draft Housing Element Update (Attachment B), draft Chapter 16.014 (Housing Opportunity Site Overlay) (Attachment K), the draft Chapter 16.015 (ADU-Ready RS 10,000 Overlay) (Attachment L), and/or the draft Resolution (Attachment A). Depending on the nature and scope of the changes, the Planning Commission may need to continue this public hearing (preferably to the earliest available “date certain”) to allow staff, consultants, and the City Attorney’s office to incorporate the changes. Changes to the draft HEU may impact HCD’s certification of the HEU.
C. Continue the public hearing on the HEU (again, preferably to the earliest available “date certain”) for other reasons.
For Alternatives B and C, please be aware that continuing this item will delay the implementation of the HEU’s implementing actions, delaying HCD certification of the HEU. Additionally, note that the Draft Revised HEU does include changes to any of the Opportunity Sites in the July 2023 Adopted HEU notwithstanding Opportunity Sites 41-44 and Opportunity Sites 46-52 (proposed ADU-Ready RS 10,000 properties). Staff encourages the Commission to focus its discussion on the changes between the July 2023 Adopted HEU and the Revised Draft ADU and the proposed zoning code and General Plan amendment implementing the HEU.
Background
The agenda report for the July 11, 2023 City Council meeting where the Council voted to adopt the 6th-Cycle Housing Element Update (identified as Public Review Draft #3.3 on the City’s dedicated Housing Element Update webpage) is provided here for the Commission’s review and reference (Attachment N). The July 11, 2023 agenda report provides detailed background information on California Housing Element Law, the Regional Housing Need Assessment (RHNA), Claremont’s RHNA allocation, and how the City must demonstrate it can accommodate its RHNA allocation through the HEU process. The agenda report also detailed description and analysis of the HEU document itself, how it is organized, the City’s strategy in developing the HEU’s Opportunity Sites Inventory, how the Housing Opportunity Sites can accommodate the City’s RHNA as well as specific State regulatory requirements applicable to the Opportunity Sites. The report also provides a description of the HEU’s Housing Program, highlighting key efforts the City must implement to work towards achieving Claremont’s overarching housing goal to ensure that there exists adequate housing opportunities for persons of all needs and income levels. The report goes on to describe HCD’s certification requirements for HEU’s as well as the lawsuit filed against the City by Californian’s for Homeownership. Finally, the report explains the HEU’s CEQA review process. For reference, Claremont’s RHNA allocation is broken down by affordability level in Table 1 below:
Table 1 - Claremont RHNA Allocation for the 6th-Cycle Planning Period
|
Income Category |
Housing Need (6th Cycle) |
|
Extremely/Very Low Income (0-50% of AMI) |
556 |
|
Low Income (51-80% of AMI) |
310 |
|
Moderate Income (81-120% of AMI) |
297 |
|
Above Moderate Income (over 121% of AMI) |
548 |
|
Total Units |
1,711 |
The remainder of this Background section focuses on the City Council’s direction in adopting the HEU in July and provides a summary of the City’s consultation with HCD in working to implement the Council’s direction. It also elaborates on the regulatory requirements applicable to the HEU’s Opportunity Sites Inventory and explains the need to increase the permitted residential density on Opportunity Sites to accommodate the City’s RHNA allocation.
July 11, 2023 City Council Adoption Motion
On July 11, 2023, the City Council reviewed and voted to adopt the HEU (named Public Review Draft #3.3 and available for review on the City’s dedicated Housing Element Update webpage). In adopting the Housing Element, the City Council made the following motion (bold added for emphasis):
“Adopt a resolution of the City Council of the City of Claremont, California, certifying the Environmental Impact Report and adopting the 2021-2029 Housing Element Update, with the direction that the zoning changes process, staff work with the State Department of Housing and Community Development (HCD) to look for other sites in north Claremont as alternatives to Sites 41 through 44, or to redistribute density in north Claremont while including those sites at a lower density, which changes shall not cause a reduction to the total number of sites within the census tract, and reduce the density of Site 40 from RM 2000 to RM 4000, only bringing back these alternatives for future discussion if HCD conditionally approves those alternatives”
In short, the City Council directed staff to develop an alternate approach to identifying Opportunity Sites in North Claremont that relies on using additional vacant sites in North Claremont beyond the four vacant properties identified in the July 2023 Adopted HEU. The July 2023 Adopted HEU calls for rezoning the four sites to the existing multifamily zoning designation RM Medium Density Residential District - RM (4000) that allows for one dwelling unit per 4,000-square feet of lot area. The City Council also directed staff to explore reducing the allowable density of Opportunity Site 40, located at 840 South Indian Hill Boulevard in South Claremont near the City’s southern border, by half, from RM (2000) to RM (4000). The City Council stressed that HCD had to conditionally approve one or both alternate approaches before bringing them back to the City Council for consideration.
Soon after the July 11, 2023 public hearing, Planning Division staff engaged HCD staff to discuss the two alternatives described above. In early August, City staff presented HCD staff with the Council’s direction and introduced the then-nascent concept of the ADU-Ready RS 10,000 Overlay for North Claremont’s vacant properties. Staff also solicited feedback regarding the potential reduction of density for Opportunity Site 40, where housing developer City Ventures is in escrow to purchase the property and has submitted plans to the City for the development of a residential townhome project. City Ventures contacted HCD following the July 11 City Council hearing and indicated to HCD that they were in escrow to purchase the property with intentions to develop it and that should the City reduce the allowable density called for in the adopted HEU, it would jeopardize the project, rendering it infeasible. HCD indicated to City staff that from its perspective, a reduction in the allowable density on Opportunity Site 40 would be construed as creating an obstacle to housing development and indicated that such a reduction would jeopardize HCD’s ability to find that the adopted HEU was in substantial compliance with State law. Please refer to HCD’s April 30, 2024 letter (Attachment O) where HCD articulates its position regarding Opportunity Site 40. Given HCD’s feedback to staff during these discussions, staff did not include the reduction in allowable density in the Revised HEU before the Planning Commission.
Later in August, staff prepared and submitted a memo to HCD that fleshed out the ADU-Ready RS 10,000 Overlay concept with additional specificity and analysis. Over the course of September and October of 2023, staff engaged in further dialogue with HCD staff to address their additional comments and to provide further analysis regarding the new Overlay concept. From there, staff began working on revising and updating the HEU to incorporate the ADU-Ready RS 10,000 Overlay. The revised HEU was submitted to HCD on January 8, 2024. After receiving minor comments from HCD the HEU was further revised and resubmitted to HCD on March 22, 2023. The April 30, 2024, HCD letter confirms that the revised HEU before the Planning Commission is in substantial compliance with State Housing Element Law.
Sites Inventory and HCD Certification
While the April 30, 2024 HCD letter affirms that the revised HEU substantially complies with State law, it also explains that the HEU cannot formally be found to be in compliance with State law, and therefore be certified, until the rezoning of the HEU’s Opportunity Sites is completed. In 2023, the Planning Commission and City Council reviewed, and the City Council adopted the HEU, but did not approve the Zone Changes that would implement the new zoning regulations for the HEU’s Opportunity Sites to allow additional residential density to accommodate the City’s RHNA.
Housing Element certification is important for several reasons. Without certification the City is potentially subject to state-mandated streamline review requirements for qualifying housing projects (commonly known as “builder’s remedy”), is exposed to legal challenges from both the State’s Attorney General and private parties, and is ineligible for grant funds. If HCD certifies Claremont’s housing element following the completion of the Opportunity Site rezonings, there is a rebuttable presumption that Claremont’s housing element complies with the State’s Housing Element Law. Maintaining Housing Element certification is an ongoing process through the planning period. The City is required to implement the Housing Programs identified in the element in the specified timeframes and report its progress to the State on an annual basis.
State law requires that jurisdictions demonstrate that they can accommodate new housing units for all income levels, from Extremely Low Income households (earning between 0-50% of Area Median Income (AMI)) to Above Median Income households (earning over 120% of AMI). State law includes specific standards for identifying suitable Opportunity Sites that can accommodate below-market-rate, affordable housing development. Specifically, AB 1397 requires that sites suitable for affordable housing development measure between 0.5- and 10-acres in size. It also specifies that lower income RHNA sites must meet certain density requirements. In Claremont, the default density standard of 30 dwelling units per acre (du/a) is utilized to determine suitability for affordable housing (i.e. the sites must allow for at least a maximum of 30 du/a and require a minimum density of 20 du/a. The maximum permitted density for RHNA sites for lower income development may exceed 30 du/a). Of the 38 Opportunity Sites in the Revised HEU, 22 meet the State’s size standards for affordable housing development. Like in the July 2023 Adopted HEU, the Revised HEU calls for increasing the allowable residential density to at least 30 du/a on a total of 22 Opportunity Sites increasing the City’s residential capacity to accommodate its RHNA allocation. The HEU calls for the application of four separate zoning overlays to the various Opportunity Sites:
- MFR 30 Overlay - Allows a maximum residential density of 30 du/a for residential developments
- MFR 60 Overlay - Allows a maximum residential density of 60 du/a for residential developments
- MU 30 Overlay - Allows a maximum residential density of 30 du/a for mixed-use projects
- MU 60 Overlay - Allows a maximum residential density of 60 du/a for mixed-use projects
Since the July 2023 HEU adoption hearing, staff has prepared development standards that can allow the above-described residential densities necessary to accommodate the City’s RHNA allocation for the Planning Commission and City Council’s review. They are described in detail, along with the ADU-Ready RS 10,000 Overlay in the Analysis section that follows.
Analysis
ADU-Ready RS 10,000 Overlay
City staff developed the ADU-Ready RS 10,000 Overlay to implement City Council’s direction in their July 11, 2023 motion to:
“look for other sites in north Claremont as alternatives to Sites 41 through 44, or to redistribute density in north Claremont while including those sites at a lower density, which changes shall not cause a reduction to the total number of sites within the census tract.”
The July 2023 Adopted HEU includes Opportunity Sites 41, 42, 43, and 44, three vacant properties and one lightly developed property located in the northeast portion of the City north of Pomello Drive. The Adopted HEU calls for rezoning these parcels from their current zoning designation of “Rural Residential RR (35,000)” to the existing multifamily zoning designation “RM Medium Density Residential District - RM (4000),” which allows for one dwelling unit per 4,000-square feet of lot area. The RR (35,000) zoning designation is a single-family zoning designation that makes up the majority of the residentially developed northeast portion of the city. The RR (35,000) zone requires lots of at least 35,000-square feet and is characterized by large homes, generous setbacks, limited improvements in the public rights-of-way, and close proximity to the San Gabriel Mountains. Both of North Claremont’s census tracts are identified as Highest Resource TCAC (Tax Credit Allocation Committee) Opportunity Areas with median incomes in excess of $125,000 and high property values. Rezoning Opportunity Sites 41-44 to RM (4,000) would allow these sites to be developed with multifamily structures with anywhere between seven and 22 units, based on the lots’ varying sizes. This approach has the potential to yield up to 48 dwelling units across the four Opportunity Sites, with an assumption that 34 units would be affordable to Above Moderate Income households and 14 would be affordable to Moderate Income Households. None of the sites meet the minimum required lots sizes or permitted densities to be able to be considered as suitable for low-income affordable housing development. At the July 11, 2023 public hearing, numerous property owners in the vicinity of these Opportunity Sites expressed concerns regarding the increase in density called for the in previously adopted HEU, leading the City Council to direct staff to explore the alternative approach to identifying Opportunity Sites in North Claremont.
Following Council direction, the Overlay approach redistributes the density called for Opportunity Sites 41-44 in the adopted HEU to a total of 11 Opportunity Sites, inclusive of Opportunity Sites 41-44. The sites proposed to receive the ADU-Ready RS 10,000 Overlay are depicted in Figure 1 below. The ADU-Ready RS 10,000 Overlay is described in detail on pages 105-109 of the Revised HEU (Attachment B)
Figure 1 - Opportunity Sites - ADU-Ready RS 10,000 Overlay
The ADU-Ready RS 10,000 Overlay would increase the allowable density on each of these parcels, the smallest of which is 32,400-square feet in size. Whereas their current RR 35,000 allows for one large single-family residence along with one Accessory Dwelling Unit (ADU) and one Junior Accessory Dwelling Unit (JADU), the Overlay would allow these lots to be subdivided pursuant to the standards of the RS 10,000 zoning district (note that the provisions of Senate Bill 9, which went into effect in 2023, allow for a single-family residential property to be subdivided into two and developed with up to four units). The RS 10,000 zoning designation is an existing designation in the CMC. It requires minimum lot sizes of 10,000-square feet and has setback, lot coverage, and floor area requirements typical of the city’s single-family residential neighborhoods. For reference, the single-family residential areas located north of Foothill Boulevard and south of Base Line Road are in the RS 10,000 zoning district. The ADU-Ready RS 10,000 Overlay would amend the standards of the RS 10,000 zone to require that all single-family residential development on the properties through the Overlay include an ADU to introduce additional potentially more affordable units to North Claremont. Staff has prepared a new CMC Chapter 16.015 - ADU-Ready RS 10,000 Overlay to regulate development on properties receiving the Overlay. As an Overlay, the properties would be able to be developed pursuant to the underlying RR (35,000) zone’s standards without subdividing the land leaving the owners of these properties with flexibility in terms of how to develop the lot.
The sizes and configurations of North Claremont’s large vacant lots lend themselves well to development pursuant to the standards of the RS 10,000 zoning district. The vacant lots that would receive the Overlay have varying dimensions and varying locations; most are located mid-block while some are located at corners. In every case, they could be subdivided pursuant to the required dimensions and lot size of the RS 10,000 district to create at least three, and up to ten (see Opportunity Site 44) new developable lots on the vacant parcels. Each of the Opportunity Sites proposed to receive the Overlay and their potential unit yield is described in detail in the Revised Opportunity Sites Mapbook (Attachment C). The Revised HEU also describes an existing example of the concept embodied in the ADU-Ready RS 10,000 Overlay (Page 109). Formerly one lot of approximately 35,000-square feet, the properties at 1501-1505 North Garey Avenue were subdivided into three lots and developed with single-family residences. Located mid-block, the subdivision included a small cul-de-sac to provide vehicular access to the two innermost lots.
Consistent with Council’s direction, the ADU-Ready RS 10,000 Overlay has the potential to yield the same number of new units as the July 2023 Adopted HEU’s approach, which calls for 48 units. Note that the Revised HEU corrects the affordable assumptions for Opportunity Sites 41-44 in the Adopted HEU. The Adopted HEU assumed a greater proportion of Moderate Income Units vs Above Moderate Income Units. It is more realistic to assume the opposite for the potential multifamily development envisioned in the Adopted HEU. If all 11 Opportunity Sites receiving the Overlay were developed to their full capacity, the total unit yield would be 96 units (48 Above Moderate Income single-family residences and 48 Moderate Income ADUs). The Revised HEU does not assume that every lot receiving the Overlay would be developed in the 2021-2029 planning period covered by the HEU. As described in the Revised HEU, recent permitting trends for the development of North Claremont lots support a 50% capacity adjustment. Even with the 50% capacity adjustment, the Overlay approach would produce a total of 48 new dwelling units, evenly divided between single-family residences and ADUs. Table 2 below compares the unit yield of the July 2023 Adopted HEU vs the Revised HEU.
Table 2 - Unit Yield: Adopted HEU vs ADU-Ready RS 10,000 Overlay
|
|
Mod Income Units |
Above Mod Income Units |
Total |
|
Adopted HEU (OS 41-44) |
14 |
34 |
48 |
|
Overlay (OS 41-44, 46-52) |
24 |
24 |
48 |
|
Difference: |
+10 |
-10 |
|
The ADU-Ready RS 10,000 Overlay was thoroughly vetted by HCD, who confirmed via the April 30, 2024 letter that the alternate approach meets the statutory requirements of State Housing Element Law. The Overlay has the potential to promote housing mobility affording new housing opportunities in Claremont’s highest resourced census tracts and serves to Affirmatively Further Fair Housing by stimulating the development of potentially affordable dwelling units by requiring ADUs in all development facilitated by the Overlay beyond what was called for in the July 2023 Adopted HEU.
Housing Opportunity Site Overlay (HOS Overlay)
As part of the Housing Element Update process, the City must demonstrate sufficient capacity to accommodate the housing needs identified in the RHNA. Sufficient capacity is demonstrated by showing that the City has an adequate amount of land with appropriate allowable densities and development standards to accommodate the RHNA. Sufficient capacity is demonstrated by showing that the City has an adequate amount of land with appropriate allowable densities and development standards to accommodate the RHNA. While the City has increased allowable residential densities and approved and permitted new housing units through specific planning efforts at Village South and at the Old School House, current City zoning regulations fail to provide sufficient capacity to accommodate the City’s remaining RHNA need.
As explained in the July 11, 2023 City Council Agenda Report, and as shown in Table 8-31 of the Revised HEU (Page 98), there is a remaining need to plan for 1,024 new housing units after taking into account entitled projects, pipeline projects, permitted units, ADUs, and after providing a 15% “No Net Loss” buffer. “No Net Loss” law imposes requirements on local jurisdictions to ensure that development opportunities remain available through the planning period to accommodate the remaining RHNA need. The City has already entitled and permitted a sufficient number of Above Moderate Income Units to meet the RHNA need for this income category. The remaining need of 1,024 units consists entirely of Extremely Low, Very Low, Low, and Moderate Income units.
In light of the need to set the stage for an additional 1,024 housing units, the City is required to create an inventory of housing Opportunity Sites that can accommodate new units. Further, the Opportunity Sites must meet AB 1397’s standards for sites suitable for affordable housing development (note that State law does not require that these sites be developed with affordable housing. But in order to accommodate the moderate- and lower-income RHNA and obtain Housing Element certification, the City must rezone per the standards of AB 1397. The RHNA allocation is an accommodation goal, not a production obligation). The City undertook a detailed and strenuous process to develop a Site Inventory that meets the State’s rigorous standards for identifying sites suitable for affordable housing development. In a built-out city like Claremont, the City must rely on non-vacant land. Other requirements of AB 1397 apply to the Opportunity Sites Inventory; AB 1397 requires that sites inventories that consist of more than 50% non-vacant sites must include “substantial evidence” that the existing uses on the site do not constitute an impediment to the development of affordable housing. The Opportunity Sites Mapbook provides detailed justification for each Opportunity Site’s viability for potential development. In addition to justifying the viability of non-vacant land for housing development, the City must also revise the development standards that apply to housing Opportunity Sites to meet the minimum requirements of AB 1397 and to provide sufficient capacity.
To do so, the HEU calls for the application of four overlay zones, called the Housing Opportunity Site (HOS) Overlays, to many of the Opportunity Sites that would provide for the residential densities necessary to accommodate the remaining RHNA need. The four zoning overlays are:
- MFR 30 Overlay - Allows a maximum residential density of 30 du/a for residential developments
- MFR 60 Overlay - Allows a maximum residential density of 60 du/a for residential developments
- MU 30 Overlay - Allows a maximum residential density of 30 du/a for mixed-use projects
- MU 60 Overlay - Allows a maximum residential density of 60 du/a for mixed-use projects
Claremont’s Opportunity Sites Inventory consists of 77 parcels grouped in 38 distinct groupings of contiguous parcels approximately 75 acres. The City has identified 51 parcels for rezoning. Of the 51 parcels identified for rezoning, 41 are currently zoned residential uses, and their densities will be increased with the application of the MFR 30 and MFR 60 Overlays. An additional 20 parcels will accommodate future housing primarily through the application of the MU 30 and MU 60 Overlays on parcels zoned for either commercial or mixed uses, allowing mixed-use infill development with a residential density ranging between 30 - 60 dwelling units per acre. The number and location of Opportunity Sites approved to receive the new Overlay zones has not been modified from what was included in July 2023 Adopted HEU. Map X below shows the Opportunity Sites approved to receive the four HOS Overlays.
Table 3 groups the Opportunity Sites based on the HOS Overlay they have been approved to receive.
Table 3 - HOS Overlay Properties
|
HOS Overlay |
Opportunity Site |
HEU Anticipated Unit Yield |
|
MFR 30 |
Site 1 - 735 South Mills |
18 |
|
|
Site 4 - 509 South College |
31 |
|
|
Site 15 - 830 West Bonita |
32 |
|
|
Site 19 - Bonita & Grinnell |
10 |
|
|
Site 24 - 211 West Foothill |
20 |
|
|
Site 31 - 1364 North Towne |
43 |
|
|
Site 35 - Bloom Drive |
52 |
|
|
Site 36 - 2050 North Indian Hill |
51 |
|
|
Site 37 - Base Line & Live Oak |
10 |
|
|
Site 38 - 431 West Baseline Road |
22 |
|
|
Site 45 - Arrow & Cambridge |
38 |
|
|
|
MFR 60 |
Site 16 - 660 Bonita |
37 |
|
|
Site 32 - 1550 Indian Hill |
331 |
|
|
|
MU 30 |
Site 23a - 1020 West Foothill |
17 |
|
|
Site 23b - 970-994 Foothill |
66 |
|
|
Site 27 -921-985 West Foothill |
126 |
|
|
Site 29 - 601 West Foothill |
31 |
|
|
|
MU 60 |
Site 13 -250 West 1st Street |
29 |
|
|
Site 12 - 100 West 1st Street |
111 |
|
|
Site 14 -Metrolink Lot |
31 |
|
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Site 17 - First Street b/w Oberlin & Cornell |
184 |
Since the July 11, 2023 hearing, Planning Division staff worked to craft specific development standards for the HOS Overlay zones that would provide for the residential densities necessary to meet the City’s RHNA allocation. Staff prepared a new CMC Chapter 16.014 - Housing Opportunity Site Overlay that includes new development standards for the four HOS Overlays including: density standards, average unit size ranges, setback requirements, height requirements, parking requirements, outdoor living area requirements, as well as frontage requirements for the mixed-use overlays. It is important to note that the HOS Overlays allow for the continuation of the existing uses on Opportunity Sites while creating new opportunities for residential development. The application of the HOS Overlays would not preclude the ability to continue using the properties per their underlying zoning classifications, whether they are purely commercial, mixed-use commercial and residential, or purely residential uses.
Under current General Plan and zoning regulations, outside of certain Specific Plan areas, the maximum allowable residential density (prior to the application of any State Density Bonus Law incentives) maxes out at approximately 22 du/a. As a point of reference, the development approved for the Village South Specific Plan area reaches a maximum residential density of approximately 57 du/a. The townhome housing developments along Base Line Road have a density range of approximately 12 to 15.5 du/a. The Old School House and Colby Circle development has an overall density of 20.5 du/a. The recently approved Olson Company 56-unit townhome development at 1030 West Foothill Boulevard has a density of 18.4 du/a while Larkin Place has a density of 59.8 du/a.
The development standards in the new CMC Chapter 16.014 are intended to work in concert with other standards found elsewhere in the CMC that are applicable to residential and mixed-use development. They are also intended to work in concert with the Objective Design Standards that the City must develop in order to comply with the requirements of Senate Bill 330 - Housing Crisis Act of 2019 (SB 330) (see Housing Program 10 on pages 252-253 of the Revised HEU). SB 330 requires that local jurisdictions only apply objective (as opposed to subjective) design standards to projects creating at least two new dwelling units as well as mixed-use projects where at least two-thirds of project square footage is for residential use. SB 330 requires the implementation of objective design standards to create clearer criteria for the design and evaluation of residential projects with the goal of streamlining the approval process and accelerating housing production, particularly affordable housing development.
City staff took a three-pronged approach to developing the standards for the HOS Overlays. Staff started by evaluating existing development standards in the CMC and in Specific Plan areas to identify how they would need to be modified to provide for additional density called for in the HEU. Staff looked to surrounding Southern California communities who are also required to plan for the same default densities as Claremont to ascertain best practices in implementing higher density zoning. Staff also examined the Opportunity Sites receiving the HOS Overlay, categorizing them into three separate typologies to inform the development of sensible and realistic development standards:
- Corridor: Sites located along either Major or Secondary Arterials. May back up to single-family residential properties.
o Opportunity Sites 23a, 23b, 24, 27, 29, 31, 32, 36, 37, 38
- Neighborhood Embedded/Church Sites: Sites that are embedded in a single-family or multifamily residential context. Often located on existing church properties where the HEU and State laws have identified untapped residential development potential.
o Opportunity Sites 1, 4, 15, 16, 19, 35, 45
- Village/Urban Core: Sites in and around the City’s urbanized, pedestrian-oriented Village core.
o Opportunity Sites 12, 13, 14, 17
Using these starting points, staff worked to prepare the development standards described below.
Density
For ease of use, the City crafted density standards based on unit-per-net-lot-area metric that correspond to the dwelling unit per acre (du/a) metric used in the HEU. The CMC’s RM - Medium Density Residential zoning district uses the unit-per-net-lot-area metric. Applying this same metric for the HOS Overlays makes it consistent with the Code’s existing approach to calculating allowable residential density on a property.
Average Unit Size
Staff developed average unit size ranges for all four HOS Overlays. The HOS Overlay proposes an average unit size range of 1,000 - 1,200-square feet for the MFR 30 and MU 30 Overlays and a range of 700 - 1,000-square feet for the MFR 60 and MU 60 Overlays. Average unit size is an effective zoning tool to regulate the overall mass of the higher density buildings the HEU envisions. For example, a 30 unit building with an average unit size of 800 square feet is approximately half as massive as one with an average unit size of 1,600 square feet. Lower average unit sizes can also serve to encourage the inclusion of more modest-sized, and therefore more affordable dwelling units, while still allowing flexibility for larger units for families.
Setbacks
Setback requirements are important in maintaining and promoting Claremont’s generously landscaped feel. On the other hand, excessive setback requirements can take up valuable developable area on a lot, requiring either taller buildings or decreased parking requirements in order achieve the residential densities necessary to meet the City’s RHNA. For “Corridor” properties, the HOS Overlays propose a 10-foot setback from these properties’ front property lines, which interface with major arterial streets, bringing the building’s close to street to encourage pedestrian-scale interaction. For “Neighborhood Embedded” sites, the front setback is increased to 20-feet in order to help preserve the open landscaped feel of the surrounding residential neighborhoods. The HOS Overlays include graduated setback requirements for interior and rear setbacks where sites are adjacent to single-family residential properties. Three, four, and five-story buildings will be necessary to accomplish the residential densities called for in the HEU. The setback requirements in the HOS Overlays recognize the importance of keeping taller, larger buildings away from single-family residential properties in order to preserve privacy and avoid incompatible development. For the MU 60 Overlay, the highest density mixed-use Overlay that applies to properties in and around the Village, a 0-foot setback is proposed, recognizing the more urban feel of the Village. The 0-foot setback requirement is enhanced by requiring that no less than 15-feet be provided between the building face and street curb in order to provide ample room for pedestrian movement and substantial landscaping that can mitigate the size and bulk of the larger buildings allowed through the MU 60 overlay.
Height
Building heights of at least three-stories are necessary to accomplish the HEU’s minimum required densities. The MFR 30 and MU 30 Overlays allow buildings up to three stories and 42-feet in height. The MFR 60 and MU 60 Overlays allow buildings up to five stories and 60-feet in height. The fourth and fifth stories of are not permitted to exceed 75% and 60% of the overall building footprints, respectively. This limitation serves to discourage overly bulky buildings by requiring them to taper away from sensitive sites on upper floors. The HOS Overlays also regulate plate heights, as a measure to regulate excessive height and to also promote usable and attractive ground floor commercial spaces for the mixed-use Overlays.
Parking
The Overlay’s parking standards recognize the sometimes-competing realities that excessive parking requirements drive up the cost of housing development, but also that car use remains a necessity for many living in suburban Claremont. Staff referenced the existing parking requirements in the City’s Mixed Use (MU) zoning districts and in the Village South Specific Plan to develop the parking standards for the HOS Overlays. Parking requirements for all overlays are generally lower than existing lower density residential zones in order to facilitate the higher density development. The parking requirements for the MFR 30 and MU 30 Overlays are higher than those proposed for the MFR 60 and MU 60 Overlays, recognition of the higher level of auto dependence in these lower density areas. Similarly, parking requirements are lower in the 60 unit densities as these sites are in more pedestrian and transit-oriented locations. All of the properties receiving the MU 60 designation are located within one-half mile of the Metrolink station, and are therefore subject to the provisions of AB 2097, which precludes jurisdictions from imposing minimum parking requirements for projects on these properties. It is also worth noting that many, if not all residential projects on Opportunity Sites will be subject to the reduced parking requirements of SB 1818, which applies to Density Bonus projects. This is because the City’s Inclusionary Housing Ordinance requires that residential projects with at least five units make 10% of project units affordable to Moderate Income households and 5% of units be affordable to Low Income households. The provision of 10% Moderate Income units makes a project eligible for the benefits and incentives of State Housing Element law, including the reduced parking requirements of SB 1818.
Outdoor Living Area
Well-designed, sufficient common and private outdoor living areas are integral to providing high-quality, livable housing. However, excessive Outdoor Living Area requirements have the potential to constrain a lot developable area, requiring reductions in standards such as parking and setbacks, or increases in standards such as maximum allowable height. Staff believes that the Outdoor Living Area requirements proposed in the HOS Overlays will facilitate the provision of viable outdoor living area for a project’s residents while also allowing for the HEU’s target densities. Additional standards for Outdoor Living Area, such as the proportion of Common vs Private Outdoor Living Area and minimum dimensions standards, are based on those found in CMC Chapter 16.013 - RM Medium Density Residential Districts, then modified to accommodate the additional density called for in the HEU.
Frontage
The MU 30 and MU 60 Overlays include frontage standards for building ground floors to provide for viable commercial uses.
Staff welcomes the Commission’s input on the HOS Overlay’s development standards. Staff cautions that proposing additional limitations on the above-described standards may preclude the ability of projects to reach the HEU’s target densities. Should future projects on Opportunity Sites be developed at a lower density than called for in the HEU, the City may need to seek additional sites later on in the 6th-Cycle planning period and rezone them in order to maintain sufficient capacity to accommodate the RHNA allocation throughout the entirety of the 2021-2029 planning period?
Californians for Homeownership Lawsuit
In September of 2022, Californians for Homeownership (“CFH”) filed a lawsuit against the City of Claremont because Claremont did not have a certified Housing Element Update for the sixth planning cycle. At that time, California’s Department of Housing and Community Development’s (“HCD’s”) website reported that, out of 539 cities and counties in California, 201 had Housing Elements that were “out” of compliance with the State’s Housing Element Law (because, like Claremont, they had not yet been adopted and/or certified by HCD). At the time of this report’s writing, 35% of California’s jurisdictions remain out of compliance. CFH also filed housing element lawsuits against at least eight other cities, including the Cities of Bradbury, Fullerton, La Habra Heights, La Mirada, Laguna Hills, Manhattan Beach, South Pasadena, and Vernon. As described earlier in this report, the need to incorporate the Council’s July 2023 direction required additional time and coordination with HCD, delaying the approval of the relating implementing actions. The City has kept CFH apprised of the City’s progress in revising the HEU, approving the HEU’s implementing actions and ultimately obtaining HCD certification in order to remain consistent with the stipulated judgment between the City and CFH.
CEQA REVIEW
The City Council certified a Final Environmental Impact Report (FEIR) (State Clearinghouse #2021090340) for the HEU adopted in July 2023. The complete FEIR is viewable at www.ci.claremont.ca.us/living/draft-housing-element, a hard copy of the report is available upon request. The FEIR also considered the Zone Change and General Plan Amendment for the HEU’s Opportunity Sites as part of the environmental analysis. In accordance with CEQA Guidelines Section 15094, the City filed a notice of determination (NOD) with the Governor’s Office of Planning and Research and County Clerk on July 17, 2023. Since certification of the FEIR, the City has revised the HEU per the Council’s direction given at the July 2023 adoption hearing to include the new ADU-Ready RS 10,000 Overlay. The ADU-Ready RS 10,000 Overlay would apply to Opportunity Sites 41, 42, 43, and 44 (which were included as Opportunity Sites in the July Adopted HEU at higher densities) and newly added Opportunity Sites 45, 46, 47, 48, 49, 50, 51 and 52). All of the new sites but one (Site 44) are currently vacant but surrounded by urban, residential development. Further, the ADU-Ready RS 10,000 Overlay has the potential to accommodate the same number of units as the North Claremont Opportunity Sites included in the July 2023 Adopted HEU. No other Opportunity Sites, their locations, approved densities, or anticipated unit yields have been modified since the July 2023 Adopted HEU. Despite the changes to the previously included sites and the addition of seven new sites, the overall sites capacity (or the total number of potential housing units) was reduced from 1,714 total potential units as analyzed in the Final EIR, to 1,695 total potential units. While the FEIR did not specifically evaluate the new ADU-Ready RS 10,000 Overlay, the new Overlay would accommodate substantially the same number of potential units as what is planned for in the July adopted HEU on vacant properties in the near vicinity of those identified in the previously adopted HEU.
CEQA Guidelines Sections 15162 and 15164 set forth criteria for determining the appropriate additional environmental documentation, if any, to be completed when a project has a previously certified EIR. None of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15162(a) states that no Subsequent or Supplemental EIR shall be prepared for a project with a certified EIR unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR.
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR.
C. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The analysis pursuant to CEQA Guidelines Section 15162 demonstrates whether the lead agency can approve the activity as being within the scope of the existing certified EIR, that an addendum to the existing EIR would be appropriate, and no new environmental document, such as a new EIR, would be required. In this case, the City finds that the changes in the Housing Element since the Certification of the Final EIR are fully within the scope of the existing certified EIR. Overall, this change results in a decrease in the number of potential housing units (from 1,714 in the Final EIR to 1,695 in the updated Housing Element). Less total growth would be facilitated by the revised Housing Element than was analyzed in the Draft and the Final EIR. Accordingly, impacts related to growth facilitated by the Housing Element would in general be lesser than those identified in the Draft EIR. Although there are new sites on the housing opportunity site list, the environmental impacts related to future development facilitated by the Housing Element on these sites have been adequately addressed in the EIR, and no substantial revisions are necessary. This is not considered to be significant new information resulting in any new environmental impacts or a substantial increase in the severity of any impacts identified in the Final EIR.
The information provided above substantiates and supports the City’s determination that the proposed updates to the Housing Element are within the scope of the certified Final EIR, do not require subsequent action under CEQA Guidelines Section 15162, and, in conjunction with the EIR, have been adequately analyzed for potential environmental impacts.
In addition, the 2021-2019 Housing Element Update and related General Plan Amendment, zone changes, and Zoning Code Amendments are needed to bring the City’s General Plan into compliance with a court order (i.e., the Judgment in Californians for Homeownership v. City of Claremont, Los Angeles County Superior Court Case No. 22STCP03414). Pursuant to Government Code Section 65759(a)(1), these actions are not subject to CEQA.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a paper copy, please contact Nhi Atienza at natienza@ci.claremont.ca.us
Notice of this public hearing was published in the Claremont Courier on Friday, May 24, 2024, written notices were mailed to property owners within 500-feet of each opportunity site, and electronic notices were mailed to the Housing Element Update interested parties list.
Submitted by: Prepared by:
Brad Johnson Nikola Hlady
Community Development Director Senior Planner
Attachments:
A - Draft Res. Rec. Adoption of the Revised HEU and Related Implementing Actions
B - Revised Draft 6th Cycle Housing Element Update (v4.1) (April 2024)
C - Revised 6th Cycle Housing Element Opportunity Sites Mapbook (April 2024)
D - Draft Res. Rec. Adoption of the 7/2023 Adopted HEU and Related Implementing Actions
E - Revised City of Claremont Zoning Map (with ADU-Ready RS 10,000 Overlay)
F - Revised City of Claremont Zoning Map (without ADU-Ready RS 10,000 Overlay)
G - Revised General Plan Land Use Plan (with ADU-Ready RS 10,000 Overlay)
H - Revised General Plan Land Use Plan (without ADU-Ready RS 10,000 Overlay)
I - Revised General Plan Land Use Element (with ADU-Ready RS 10,000 Overlay)
J - Revised General Plan Land Use Element (without ADU-Ready RS 10,000 Overlay)
K - Draft CMC Chapter 16.014 - Housing Opportunity Site Overlay
L - Draft CMC Chapter 16.015 - ADU-Ready RS 10,000 Overlay
M - Draft Revised CMC Chapter 16.081 - SP Specific Plan District
N - 7/11/2023 CC Agenda Report - HEU - 6th Cycle (2021-2029) and Related EIR
O - 4/30/2024 HCD Letter - City of Claremont 6th Cycle (2021-2029) Draft Housing Element