Bell Gardens planning commission recommends zoning changes to allow by-right housing projects with 20% low-income units

The Bell Gardens Planning Commission on March 18, 2026, voted unanimously to recommend that the City Council adopt zoning code amendment PLN26-00007, a set of revisions staff says are necessary to comply with California Government Code section 65583.2.

"For the record, my name is Adrien Anduho, associate planner with Bell Gardens Planning Division," Anduho told the commission as he opened the staff report. He said the California Department of Housing and Community Development (HCD) issued a letter on Oct. 7, 2025, asking the city to update its zoning to align with state law and the city's Housing Element program 6. Staff recommended the commission find the amendment exempt from the California Environmental Quality Act under section 15061(b)(3), the "common-sense" exemption, and adopt Resolution PC26-2 recommending City Council approval of PLN26-00007.

The proposed amendments modify several sections of Title 9 (including sections 9.4.020, 9.10.030/040, 9.12.030 and 9.58.040). The changes would: define "by-right" (ministerial) approval for qualifying projects so they can be approved through plan check rather than discretionary hearings; require that reuse or reszone sites identified in the Housing Element include a minimum of 20% low-income units to qualify for ministerial approval; and set a maximum density of 24 dwelling units per acre for those sites.

Anduho said the by-right process requires projects to meet all objective municipal standards; if they do, the city must approve them through building and plan-check procedures rather than through hearings before the Planning Commission or City Council. He emphasized those requirements apply only to the specific properties listed in the staff report exhibits, not citywide.

Commissioners asked several clarifying questions about how the amendment would interact with the TOC specific plan (item 5.2), which staff said is a separate agenda item and not tied to the statutory compliance requirement. Staff reiterated that the zoning updates are intended to bring the city into compliance with state law for the listed sites, and that HCD's review process is routine. Planning staff also explained that "low income" is defined using area median income (AMI) bands set by HUD and county guidance, and that developers seeking the by-right route must meet the affordability thresholds to qualify; otherwise, projects would proceed under discretionary review.

The commission also heard questions about parking and state density-bonus rules. Staff said municipal parking standards still apply to qualifying by-right projects and that any state-authorized density bonus reductions would be applied consistent with state law.

On enforcement and timeline, staff said the city submitted a timeline to HCD that anticipates Planning Commission action in March and a City Council hearing in April. Staff warned that HCD could ask a court to impose a fine and could seek decertification of the housing element for noncompliance; staff stated an approximate $10,000 fine figure and said decertification would require a re-certification process that could take months.

After discussion, a commissioner moved to advance staff's recommendation; another commissioner seconded. The roll-call vote approved Resolution PC26-2 and recommended City Council adoption of PLN26-00007 (roll call recorded as: Commissioner Bano — yes; Commissioner Gomez — yes; Commissioner Monroy — yes; Commissioner Presci — yes; Vice Chairperson Bera — yes). The motion passed.

Residents who spoke during the later public-comment period — on unrelated non-agenda items and on the TOC specific plan that was being continued — urged stronger affordable-housing targets and protections against displacement. Nathan Nunes, a resident, praised the 20 percent low-income set-aside but urged the city "to go well beyond that" and to include protections against gentrification; Alejandra Art, another resident, said she was worried about displacement and surprised that changes could affect long-standing neighborhood homes.

The commission's recommendation sends PLN26-00007 to the Bell Gardens City Council for consideration; staff indicated the item is expected to appear on the council docket in April 2026. Separately, staff announced the TOC specific plan (item 5.2) will be continued to the Planning Commission meeting on April 15, 2026, to allow additional revisions and public review.

The Planning Commission adjourned at 6:11 p.m.