City Council

26. ADOPTION OF AN UNCODIFIED DELAYED EFFECTUATION ORDINANCE RELATED TO THE ABUNDANT AND AFFORDABLE HOMES NEAR TRANSIT ACT (SENATE BILL 79) (Planning Dept.) Recommendation: It is recommended that the City Council: (1) Find that the proposed action in the agenda report is exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code §65912.160(c)(2), which explicitly states that an ordinance adopted to implement the provisions of SB 79 shall not be considered a project under Division 13 (commencing with §21000) of the Public Resources Code; (2) Adopt an Uncodified Delayed Effectuation Ordinance to delay implementation of SB 79 for the following sites: a. Within all six Transit Oriented Development Zones (TOD Zones within ½-mile of Metro A Line stations): i. Sites with historic resources designated as of January 1, 2025, in a local register. b. Within the Memorial Park, Del Mar, and Lake TOD zones: i. Sites with historic resources designated as of January 1, 2025 on the state register (this would include sites designated at the national level as they are protected together). ii. Sites zoned Multi-Family Residential (RM-12, -16, -32, and -48) and Single-Family Residential (RS). iii. Sites located within specific plan areas that have a density of 48 du/ac or less; and (3) Adopt the Findings for the Zoning Code Amendment in Attachment A of the agenda report. Recommendation of the Housing, Homelessness, and Planning Committee: On May 7, 2026, staff presented background information and options to implement SB 79 to the Housing, Homelessness, and Planning Committee (HHPC). Staff outlined recommendations to implement Option 2 (explained in the agenda report), adopting an Uncodified Delayed Effectuation Ordinance temporarily exempting certain sites, as outlined in Recommendation No. 2 on page 1 of the agenda report, from the provisions of SB 79. The Committee was supportive of the staff recommendation of Option 2, including excluding RS zones where allowed by the bill. The Committee directed staff to provide the following variations of the option related to the RM zones: * Not delaying implementation to any RM zones; * Only delaying to RM-12 and RM-16 zones; * Delaying to al RM zones The Committee also directed the City Attorney to see if an Interim Urgency Ordinance can be adopted, which would give the Council additional time (if needed) for review and ensure the Ordinance is effective before SB 79 becomes effective on July 1, 2026. The City Attorney subsequently confirmed that an Uncodified Interim Urgency Ordinance is not needed as the proposed ordinance is not a general penal ordinance and will be in effect prior to the effective date of the bill. Recommendation of the Planning Commission: On May 13, 2026, the Planning Commission considered the Uncodified Delayed Effectuation Ordinance to implement Option 2 temporarily exempting certain sites and the variations to the option related to the RM zones, as requested by the HHPC. The Planning Commission recommended, by a vote of 5-1 (with two absences and one recusal due to conflict of interest), that the City Council approve the Uncodified Delayed Effectuation Ordinance temporary exempting certain sites, as outlined in Recommendation No. 2 on page 1 of the agenda report, from the provisions of SB 79. The Planning Commission also asked staff to return with future discussions on preparing a TODAP and was generally supportive of a TODAP. (To be discussed and considered concurrently with Item No. 31, including for public comment purposes.)