Montclair Council adopts 20‑year General Plan update after last‑minute change to healthy‑food language

Montclair — The City Council on Dec. 2 certified the environmental impact report and adopted a package of planning documents that will guide development for the next 20 years, including the 2020 General Plan update, the housing element and a Climate Action Plan.

The council voted to certify the EIR after staff and consultants described the review process and potential impacts. Greg Martin, the environmental project manager, told the council that the EIR identified mitigation measures for biological, cultural, geologic and noise impacts, but found potentially significant and unavoidable impacts in two areas: air quality and historic/cultural resources. The EIR certification resolution passed 4–1 (Council member Maru voted no). The council then adopted the general plan documents as amended.

Why it matters: The adopted package sets policy and regulatory changes that direct where growth will be concentrated (downtown, the Arrow Highway mixed‑use district and major corridors), updates zoning tools (a corridors/form‑based code and an Arrow Highway specific plan), and contains a housing element the city will submit to the Department of Housing and Community Development (HCD) for final certification — a requirement to remain eligible for certain state housing funds and approvals.

What the council approved and how they voted: Council members conducted multiple segmented votes because several members recused themselves from portions of the land‑use decisions. The land‑use map preliminary vote passed 3–0 with two recusals. The housing element preliminary approval passed with one recusal. The EIR was certified by a 4–1 vote. The Climate Action Plan passed 3–2. Council later approved the overall general plan resolution after amending its language on local public‑health guidance.

Contested public‑health language and a last‑minute change: Debate centered on language in the Healthy Montclair chapter that recommended local land‑use actions regarding the density of "unhealthy food outlets." Council members including Rue and Maru said the draft wording risked limiting access for lower‑income residents and lacked a clear definition or enforcement mechanism. Council member Rue said such a restriction could look like an effort to "gentrify a city." In response, the council first softened the wording from a directive to "support" and then voted to strike a sub‑provision that would have restricted approvals of new "unhealthy" food outlets in areas with existing concentrations of those stores. The motion to remove that provision passed on the council floor.

Recusals and procedure: City Attorney Diane described FPPC rules and a segmentation process to allow conflicted members to step aside for narrowly targeted actions while enabling the council to proceed on other items. On several items the council drew straws under the "rule of necessity" to assemble the minimum three‑member quorum required when multiple recusals applied.

Housing element and RHNA: Consultant Sarah Walker summarized the city’s RHNA allocation for the 2021–2029 cycle (2,593 units total, including 1,081 low/very‑low units). Staff presented an inventory of roughly 146 acres of opportunity sites with capacity for approximately 4,196 units, which the consultant said provides a surplus to meet the RHNA requirement. The housing element and related ordinances will be submitted to HCD for final certification; that review can take up to 90 days.

Climate goals and EIR notes: The Climate Action Plan uses a 2017 greenhouse‑gas baseline and aligns targets with state law (SB 32 and AB 1279). Staff said full implementation of local measures combined with expected state actions would position Montclair to meet its 2030 reduction target. The EIR analysis retained significant and unavoidable findings for air‑quality impacts tied to construction and operational emissions and for potential impacts to historic resources.

Next steps: Several ordinances and the corridors code passed first readings or were continued; the council scheduled second‑reading/public hearings for Dec. 16. The housing element will be formally submitted to HCD for final review and certification. City staff said the general plan documents are living policy tools that the council may amend over time.

Quotes: "There were residents who raised this in our focus groups — access to healthier options — but the way the policy was written raised real concerns about implementation and equity," Community Development Director Michael Diaz said during the presentation. Council member Rue said during debate: "This is nothing more than an effort to try to gentrify a city." Council member Maru, who voted against certifying the EIR, said he opposed the EIR vote over other unresolved language and policy questions.

Procedural note: Several council members recused themselves from parts of the land‑use map and corridor code votes under the political reform act’s proximity rules; staff used segmentation to permit non‑conflicted members to vote where possible.

The council’s final adoption included the General Plan update (policy text and associated documents), the housing element and the Climate Action Plan as amended. Additional ordinance second readings are scheduled for Dec. 16.