HomeMy WebLinkAboutAdopt Interim Ordinance No. 4050 establishing a temporary Mo Dept.ID CA 15-003 Page 1 of 1
Meeting Date:3/16/2015
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CITY OF HUNTINGTON BEACH
} ...; REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 3/16/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
SUBJECT: Adopt Interim Ordinance No. 4050 establishing a temporary Moratorium for the
Beach and Edinger Corridors Specific Plan (BECSP)
Statement of Issue:
On February 9, 2015, City Council directed the City Attorney to draft a Interim Ordinance
establishing a temporary moratorium on new residential development in the Beach Edinger Corridor
Specific Plan Area.
Financiallmpact: N/A
Recommended Action:
Adopt Ordinance No. 4050, "An Interim Ordinance of the City Council of the City of Huntington
Beach Establishing a Temporary Moratorium on Certain New Residential Development Within the
Beach and Edinger Corridors Specific Plan Area."
Alternative Action(s):
Do not adopt Ordinance No. 4050, "An Interim Ordinance of the City Council of the City of
Huntington Beach Establishing a Temporary Moratorium on Certain New Residential Development
Within the Beach and Edinger Corridors Specific Plan Area."
Analysis:
A moratorium on development is an ordinance that suspends the right of property owners to obtain
development approvals while the community takes time to consider, draft and adopt land use plans
or rules to respond to new or changing circumstances not adequately dealt with by its current laws.
In general, a moratorium imposes a ban on the consideration and approval of all development and
building applications in the community. For example, all development applications for subdivision,
site plan, special permits, conditional use permits, and building permits will be suspended until new
land use regulations are adopted. In this case the specific moratorium will prevent residential
development approvals in the Beach Edinger Corridor Specific Plan area. To impose a moratorium
requires a 4/5ths vote of the entire City Council. This effectively means that six (6) must vote in
favor of the ordinance.
Environmental Status: N/A
Strategic Plan Goal: Improve quality of life
Attachment(s):
1. Ordinance No. 4050, "An Interim Ordinance of the City Council of the City of Huntington
Beach Establishing a Temporary Moratorium on Certain New Residential Development
Within the Beach and Edinger Corridors Specific Plan Area."
Item 20. - I HB -590-
ORDINANCE NO. 4050
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY {DF HUNTINGTON
BEACH ESTABLISHING A TEMPORARY MORATORIUM ON,CERTAIN NEW
RESIDENTIAL DEVELOPMENT WITHIN THE BEACH AND EDINGER CORRIDORS
SPECIFIC PLAN AREA
WHEREAS, The Beach and Edinger Corridors Specific Plan;=("BECSP") was adopted by
the City Council on March 1, 2010; and
One of the goals of the BECSP was to integrate mixed use development along the Beach
Boulevard and Edinger Avenue Corridors with the intent to enhance the vitality of the corridors;
and
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After the implementation of the BECSP, the City has approved several high density
residential projects consisting of over 1,900 residential units; and
The approval of high density projects result inImpacts to the community including traffic
congestion, lack of parking, land-use compatibility,/and the continuing transformation of the City
from a suburban beach side community into an urban environment; and
In order to allow time for the City to consider and study possible amendments to the
BECSP related to density, development standar s, entitlement processing rules and other land
use issues, it is necessary to suspend the approval of any development applications as set forth
herein because they may conflict with the,density, development standards, entitlement
processing rules, and other issues that tth�eCity Council may wish to consider and approve; and
Government Code Section 65858 allows the City Council to adopt as an urgency measure
an interim ordinance prohibiting any uses that may be in conflict with a contemplated general
plan, specific plan, or zoning proposal that the City Council is considering, studying, or intends
to study, within a reasonable time,,
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NOW, THEREFORE/the City Council of the City of Huntington Beach does ordain as
follows:
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SECTION 1. That'the above recitals are true and correct and are adopted as the City
Council's findings. ;
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SECTION 2,/In order to protect the public health, safety and welfare of the community
and pursuant to the/provisions of Government Code §65858, a moratorium is hereby established
as follows: from the date of this ordinance and for a period of forty-five (45) days from its
adoption, no approvals may be made by the City, its officers, or its employees for any
applications for additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement for use of any of the sites within the BECSP identified in Exhibit A to this
ordinance.
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15-4633/118368
Ordinance No . 4050
SECTION 3. That City staff is directed to study possible amendments to the BECSP
related to density, development standards, entitlement processing rules, and othet BECSP land
use issues and report back to the City Council in an expeditious manner before is ordinance or
any lawful extension expires.
SECTION 4. This ordinance is declared to be an urgency ordinance i&pted pursuant to
the provisions of Government Code Section 65858. As set forth in the find�gs herein, this
ordinance is necessary for preserving the public health, safety and welfar&of the community.
Accordingly, upon adoption by a four-fifths vote of the City Council, this ordinance shall take
effect immediately.
SECTION 5. That this ordinance is adopted by at least a 4/5 vote of the City Council.
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SECTION 6. This ordinance shall be of no further force or effect upon the expiration of
forty-five (45) days from the date of adoption, unless extended i�accordance with California
Government §65858.
SECTION 7. If any section, sentence, clause or ph/se f this ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining po tions of this ordinance. The City
Council hereby declares that it would have passed this rdinance and adopted this ordinance and
each section, sentence, clause or phrase thereof, irres ective of the fact that any one or more
sections, subsections, sentences, clauses or phrases e declared invalid or unconstitutional.
Further, the City Council hereby declares that this ordinance neither is intended to nor shall it
impair the obligation of existing contracts.
SECTION 8. The City Clerk shall cau/e this ordinance to be posted in three places
designated by City Council pursuant to City,Charter Section 500(c) and published by title with a
brief summary at least once within fifteen (A 5) days after its adoption in a newspaper of general
circulation, published in the County of Orange and circulated in the City, in accordance with
Section 36933 of the California Goveent Code; shall certify to the adoption of this ordinance
and shall cause a certified copy of this ordinance, together with proof of publication, to be filed
in the Office of the Clerk of this City.`
SECTION 9. The City Council finds that, regarding the California Environmental Quality
Act (CEQA), there is no possibility that the adoption of this ordinance may have a significant
adverse effect on the environment/(CEQA Guideline 15061 (b)(3)).
2
15-4633/118368
Ordinance No . 4050
PASSED AND ADOPTED by the City Council of the City of Huntingt n Beach at a
regular meeting thereof held on the day of , 2015,
Mayor
ATTEST: APPROV TO FO
City Clerk C' Attorney
REVIEWED AND APPROVED:
City Manager
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February I3'2O25
SUPPLEMENTAL
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City ofH-untin8tonBeach Meeting Date: 6
Attn: City Council,City Manager, & City Clerk
Agenda Item No
Re: Moratorium Consideration in the 8E[SP'SP'24 Plan Area
To Whom |t May Concern:
I recently heard about a proposed moratorium on development projects in the SP-14 Plan Area.
This would be a foolish and costly decision to implement at this critical time in the economic recovery of
Huntington Beach and the larger Southern California real estate development market. As lending and
development project starts are just beginning to normalize and gain momentum, a moratorium takes m8in
exactly the wrong direction. |t will send a message of indifference and arrogance toadevelopment
community that is just beginning to regain confidence in the market. |t will place numerous projects into
potential default situations and strain lending relationships that are either new or in a rebuilding phase. A
moratorium will put undue delays into projects that are,part of the diverse, unique,and dyna rnit.economy
and community that MBrepresents. As your City staff can attest, there are many great projects inthe
pipeline making strides towards realization.
While there may be aspects of SP-14 that are questionable or undesirable With a 20/20 rear view,a
moratorium is the nuclear option in terms ofreview and evaluation. |t would be far better toitemize
concerns and specific tasks toaddress and enlist the City staff to improve and enhance the broad.
framework ofthe Plan itself. There can be BECSP Review Board created to work with staff and the
community to make the desired adjustments while allowing for progress under the current code�
Furthermore' a blanket moratorium of ALL projects severely cripples and damages all projects in the SP'I4
area.
if, in fact, a moratorium isistill desired after consideration of the issues highlighted above,.it should focus
on mixed use or residential projects that are of a scale and density purported to be the true target of this,
moratorium discussion. A land area threshold (e.g. 2 acres) or some other reasonable measure should be
discussed and adopted asa`compromise position. Small scale projects and general commercial-and retail
projects should be allowed to continue undeterred. These are the projects most likely to suffer and be
abandoned for myriad reasons ifamoratorium is adopted. The results would be catastrophic for these
projects as they have a smaller tolerance for delays and less leverage with the lending institutions to
renegotiate terms of projects funding when faced with obstacles such as this.
North County Consulting 714.262.0651 w*wvumorthcountyconyu|dng.net
2/13/15 Page Two.
I urge-you to evaluate and consider other options that do not include a moratorium. As outlined in this
letter,and likely countless others,the benefit to the Community is not best achieved by drastic moves like
a moratorium. A measured response to critics and NIMBYS may well result in a fine-tuning and even
substantial overhaul of the BECSP, but a moratorium will cause more harm than good, Even in an
attractive, prominent City such as Huntington Beach,the negative impacts from delayed or lost
development and actual loss of construction dollars,jobs, and related activities will be hard to replace and
would be a black eye on the community that is 100%unnecessary.
Thank you for your consideration.
Warmest Re rds, .7
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Zri d 1"..
Pet&r
PrVcipal
North County Consulting
North County Consulting 714.262.0651 www.northcountyconsulting.net
Dombo, Johanna
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Wednesday, March 04, 2015 3:45 PM
To: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request* 21417
Request#21417 from the Government Outreach System has been assigned to you.
Request type: Question
Request area: City Council - Share a Concern
Citizen name: Debby Rosa
Description: I would like to thank Erik Peterson for proposing the moratorium on new development
&the other members who voted for stopping these monstrosities that are popping up all
over our suburban beach community. We are not irvine or Los Angeles nor do want to
be. I would be interested in knowing who voted for these projects. Is there something
wrong with not filling every single square inch with high rise buildings???? Look around
at other beautiful beach communities.
Expected Close Date: March 9, 2015
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
SUPPLEMENTAL
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COMMUNICATION
Meeting Hate: 1.Z6-
Agenda Item No.
i
Print Request Page 1 of 1
Request: 21545 Entered on: 03/13/2015 1:32 PM
Customer Information
Name:Domenic lorfino Phone:7148988851
Address: 15932 Willett Lane Alt. Phone:(714) 813-9930
Huntington Beach, CA Email:dom@hbdigital.com
92647
Request Classification
Topic:City Council - Share a Concern Request type:Comment
Status:Open Priority:Normal
Assigned to:Johanna Dombo Entered Via:Web
City Council:8 -All Members of City Council
Description
Regarding the Beach/Edinger Corridor. I believe that the plan needs to be revised, but to suspend it
would be a giant step backwards. The projects that have already been approved and built should act as a
model to modify the existing plan. It's like saying that if you don't hit a homerun the first time up to bat,
then you should quit the game. It's only with experience that we develop expertise, don't quit the plan
before we can act on that expertise.
Reason Closed
Date Expect Closed: 03/20/2015
Enter Field Notes Below
Notes:
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cOMMUNICATION
eting Cate:
Agenda It m No.
http://user.govoutreach.com/surfcity/printrequest.php?curid=2098478&type=0 3/16/2015