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Council approves zoning amendment to implement Fillmore’s 2021–2029 housing element; adds by-right path for certain affordable projects
Summary
The council adopted the first reading of a zoning text amendment creating a housing overlay for three sites to implement the 2021–2029 housing element; the change clarifies that projects with 20% or more affordable units on the overlay parcels can be approved ministerially, with objective design standards and a CEQA exemption finding.
The Fillmore City Council approved first reading of a zoning ordinance amendment that implements action items in the city’s 2021–2029 housing element, including a housing overlay (HO) for three specific parcels and a clarification that projects providing 20% or more affordable units on those parcels can be approved by right.
Planning staff (presenter: Bridal) explained the amendment responds to direction from the state Department of Housing and Community Development (HCD). HCD requested clearer language to ensure projects meeting the “by-right” criteria — specifically projects with 20% or more affordable units — are explicitly allowed under the overlay and are not subject to discretionary conditional-use permitting. Bridal said that when a qualifying project is proposed it “won’t go to the planning commission or the city council. It would be approved by the planning director,” noting that the city has adopted objective development and design standards that would continue to apply during ministerial review.
Staff said the overlay covers three parcels shown in the staff presentation; the amendment adds a footnote and a minimum density table to the HO zone. The ordinance language also includes a CEQA exemption finding consistent with the state housing element streamlining rules. Planning Commission recommended approval at its Aug. 27 meeting.
Councilmembers asked questions about parcel sizes and the potential scale of development. Staff noted zoning allows up to 24 dwelling units per acre on overlay parcels and that parcel sizes submitted in staff materials are roughly 0.6 acre, 1.5 acres and 2 acres, limiting practical unit counts compared with larger hypothetical examples discussed in the hearing. Staff also explained that if the city failed to maintain an HCD-certified housing element, state “builder’s remedy” provisions could allow developers broader approvals without local objective standards; the amendment is intended to retain local design standards while complying with HCD requirements.
After a public hearing with no speakers, the council voted to introduce Ordinance No. 205987 (first reading) adopting Zoning Ordinance Amendment 25-2 and finding a CEQA exemption.
