HomeMy WebLinkAboutOrdinance #4249 URGENCY ORDINANCE. NO. 4249
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADDING CHAPTER 237
TO TITLE 23 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TO PROVIDE OBJECTIVE
STANDARDS FOR URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9,
DECLARING THE URGENCY THEREOF, AND MAKING A\
FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
WHEREAS, the State California has said that it is experiencing a housing supply crisis, which
has particularly exacerbated the need for affordable homes at prices below market rates.
WHEREAS, the California Legislature has declared a statewide housing emergency, to be in
effect until January 1, 2025.
WHEREAS, In response to the State's declared housing crises, the legislature enacted Senate
Bill 9 (SB 9), effective January 1, 2022. which requires local agencies, including charter cities, to
ministerially approve urban lot splits and development of two residential units in single family
residential zoning districts provided that the projects meet certain criteria in order try to provide
more housing in the State..
WHEREAS, SB 9 projects have the potential to impact the health, safety, and welfare of
residents in the City, and particularly on the character of single family residential neighborhoods.
vehicular and pedestrian safety, on-street parking demand and impacts, and housing affordability.
As such, and notwithstanding any argument concerning the applicability of SB 9 to charter cities,
that the City Council finds that there is an immediate need to establish objective zoning and
subdivision standards for SB 9 projects in order to protect the public health, safety, and welfare
while it studies permanent land use regulations for such projects and to ensure SB 9 does not have
a detrimental impact on single family residential neighborhoods within the City. This process may
be lengthy and therefore the City Council wishes to adopt an interim ordinance that will take effect
immediately to ensure that the health, safety and welfare is not impacted by SB 9 projects.
WHEREAS, in order to address issues of affordability in the City, it is necessary for the City
to limit the size of units developed pursuant to SB 9 and to require that some units be affordable
to low income families, as an interim measure to ensure that SB 9 developments do not conflict
with forthcoming permanent regulations.
WHEREAS, the City intends to study and formulate permanent regulations for the
implementation of SB 9 projects in the City. Thus, the City Council wishes to adopt an interim
ordinance that will take effect immediately and preserve limits on development and rental rates for
units constructed under S13 9 while permanent standards are studied and formulated.
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Ordinance No. 4249
WHEREAS, pursuant to Government Code Section 65858, the City Council may adopt, as an
urgency measure, an interim ordinance that prohibits certain developments that may be in conflict
with a contemplated zoning proposal that the City Council is considering, studying or intends to
study within a reasonable period of time.
\HELREAS. as described above. the City Council finds and determines that there is an
immediate threat to the public health, safety, or welfare and that urban lot splits and additional unit
development pursuant to S13 9 that do not conform with the objective standards established by the
City constitutes a threat to the public health, safety, or welfare.
The City Council of the City of 1-luntington Beach does hereby ordain as follows:
SECTION 1. Notwithstanding any other ordinance or provision of the Huntington Beach
Municipal Code or Huntington Beach Local Coastal Program, SB 9 Development Projects, as
defined herein, are prohibited unless the project complies with the following requirements, which
although interim, shall be codified as a new Chapter 237 of Title 23 of' the Huntington Beach
Municipal Code, to read as follows:
"Chapter 237 OBJEc m STANDARDS FOR S13 9 DEVELOPMENT PROJECTS
237.02 Purpose
The provisions of this Chapter establish standards and procedures for projects developed pursuant
to the regulations included in Senate Bill 9 (S13 9) in order to qualify for ministerial approval.
237.04 Definitions
The following terms used in this Chapter shall have the meanings indicated below:
'`Primary Residence" means the original dwelling on the property.
"Senate Bill 9 (SB 9)" means a state law passed by the Califomia State Senate and approved by
the Governor on September 16, 2021. The legislation amends Government Code Section 66452.6
and adds Government Code Sections 65852.21 and 6641 1.7.
"Senate Bill 9 (SB 9) Development Project" consists of' an Urban Lot Split or Single Family
Residential Duplex project approval pursuant to SB 9.
"Single Family Residential Duplex" means a proposed housing development containing no more
than two residential units on a single lot within an RL Low Density Residential District or other
identified low density residential area located within a Specific Plan. A housing development
contains two residential units if the development proposes no more than two new units or if it
proposes to add one new unit to one existing unit.
"Gross Floor Area"means the total enclosed area of Single Family Residential Duplex, measured
to the outside face of the structural members in exterior walls, and including halls, stairways,
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elevator shafts at each floor level. service and mechanical equipment rooms, and habitable
basement or attic areas, but excluding area for vehicle parking and loading, consistent with
Huntington Beach Zoning Code Section 203.06.
"Urban Lot Split" means a parcel map subdivision permitted pursuant to SB 9 that creates no more
than two new parcels of approximately equal lot area, subject to the requirements of this Chapter.
"Unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to
Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in
Government Code Section 65852.2, or ajunior accessory dwelling unit as defined in Government
Code Section 65852.22.
237.06 Applicability
Notwithstanding any other provision of the Huntington Beach Municipal Code or Local Coastal
Program, the provisions of this Chapter shall apply to SB 9 Development Projects. Except as
expressly provided in SB 9 or in this Chapter, all other regulations of the underlying zone of a
property developed pursuant to SB 9 shall apply, along with all other applicable regulations from
the City of Huntington Beach Municipal Code and Local Coastal Program.
237.08 Ministerial Compliance Review Procedure
A. Proposed SB 9 Development Projects shall be subject to ministerial review by the
Community Development Department to determine whether the criteria for approval have been
met. The applicant shall also obtain a building permit, in addition to any and all other permits
required by the Code. An Urban Lot Split shall be processed as a parcel map, but no discretionary
review or public hearing shall be conducted, and with ministerial approval if all required criteria
have been met.
B. Application Processing: Applicants are required to submit a General Planning application,
accompanied by a fee set by City Council Resolution, and including submittal requirements
designated by the Community Development Director. The applicant and the owner of a property.
for which an SB 9 Development Project is sought, must provide a swom statement affirming
eligibility with SB 9 regulations.
C. Urban Lot Splits: In addition to the General Planning Application, an Urban Lot Split shall
require submittal of a Tentative Parcel Map pursuant to Chapter 250. Urban Lot Splits shall be
subject to all submittal requirements and findings for approval of a tentative parcel map pursuant
to Title 25 and the Subdivision Map Act, except no public hearing shall be required for approval.
D. SB 9 Development Projects in the Coastal Zone: An application for any SB 9 Development
Project in the coastal zone shall require submittal of a Coastal Development Permit pursuant to
Chapter 245. SB 9 Development Projects shall be subject to the findings for approval of a coastal
development permit and the noticing requirements in Chapter 245, except no public hearing shall
be required for approval.
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E. In the event that the property upon which the proposed SB 9 Development Project is located
within a Homeowners Association (''HOA"), the applicant shall submit to the City written
evidence of the FICA's approval of the proposed Project concurrent with their application.
F. The City, at the applicant's expense, may conduct independent inquiries and investigation
to ascertain the veracity of any or all portions of the sworn statement.
237.10 General Requirements
A property owner seeking approval of an SB 9 Development Project shall comply with the
following general requirements:
A. SB 9 and all objective requirements of other applicable state laws including the
Subdivision Map Act.
B. The Municipal Code, including Title 17 (Buildings and Construction) and the Huntington
Beach Zoning Code, except as expressly provided in SB 9 or in this Ordinance.
C. Execution and recording of a covenant, supplied by the City and subject to the approval
of the City Attorney that contains the following provisions:
I. Non-residential uses on the site shall be prohibited:
2. The short term rental for periods less than 30 days of any units and accessory dwelling
units (ADUs) on the site shall be prohibited;
3. Any subsequent Urban Lot Split of land that was previously subdivided with an Urban
Lot Split shall be prohibited,
4. Except as provided in Government Code Section 66411.7 for community land trusts
and qualified nonprofit corporations, the owner of the property for which an Urban Lot
Split is proposed shall sign an affidavit stating that the owner intends to occupy one of
the housing units as their principal residence for at least three years from the date of
the approval of the Urban Lot Split;
5. Ongoing compliance with all S13 9 requirements and restrictions shall be required;
6. Access to the public right-of-way shall be maintained in perpetuity; and
7. All required parking for existing units shall be maintained.
D. Existing Non-Conforming Structure or Use. SB 9 Development Projects shall not be
located on any lot with an existing development that is non-conforming with respect to the City's
current use or development standards without obtaining an approval pursuant to Chapter 236.
E. In addition to the foregoing, the City shall review each application for any other issues
related to adequacy of water or sewer services, and/or the impact of the proposed SB 9
Development Project on traffic flow,or public safety. In the event that the City identifies a specific
adverse issue with respect to adequate water/sewer, traffic flow, or public safety, the City may
deny the Application and/or require the applicant to submit an Administrative Permit.
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Ordinance No. 4249
237.12 Objective Development Standards
All SB 9 Development Projects shall comply with the following objective standards. For any
development standard not explicitly identified below, the requirements of the underlying zoning
district shall apply, unless superseded by State Law.
A. Maximum Unit Size. No unit constructed pursuant to SB 9 regulations shall have a Gross
Floor Area in excess of'800 square feet and 1 bedroom.
13. Maximum Height/Stories. No detached unit constructed pursuant to SB 9 regulations shall
exceed sixteen (16) feet and/or exceed more than one story in height.
C. Setbacks.
I. Any units constructed pursuant to the provisions of S13 9 shall have a minimum four
foot setback from all side and rear lot lines.
2. Front setbacks shall be as required pursuant to Chapter 210.
3. No portion of any unit constructed pursuant to the provisions of SB 9. including but
not limited to FIVAC equipment. staircases, and patio covers, shall project into the
required rear, side, or from yard setback. -
4. No additional setbacks shall be required if a unit is constructed within the footprint of
an existing structure on a lot.
D. Parking.
1. One enclosed or partially enclosed parking space is required for each unit created
pursuant to SB 9, unless the parcel upon which the unit is created is within one-hall'
mile walking distance of a high quality transit corridor or a major transit stop or there
is a car share vehicle located within one block of the project.
2. Except as provided herein, parking spaces shall comply with Chapter 231 of the Zoning
Code.
3. Any garage that serves and is located within the same structure as an SB 9 Development
Project may be permitted no closer than four feet from a side or rear property line, or
shall otherwise conform to the applicable setbacks within the zoning district.
4. New driveways proposed for parcels created by SB 9 Development Projects on interior
lots without alley access are limited to a maximum width of 10 feet if the proposed
frontage of the new parcel is 30 feet or less.
E. Design of Unit.
1. Any unit constructed pursuant to the provisions of SB 9 shall be constructed upon a
permanent foundation.
2. Any unit ofan SB 9 Development Project shall include sufficient permanent provisions
for living, sleeping, eating, cooking, and sanitation, including but not limited to washer
dryer hookups and kitchen facilities.
3. Any unit of an SB 9 Development project shall be connected to the public sewer, and
that connection shall be subject to a connection fee, or capacity charge, or both.
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Ordinance No. 4249
4. Any unit of an SB 9 Development Project shall have separate utility connections and
separate utility meters. Non-public utility electrical elements such as wires, conduits.
junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed
from view from adjacent public rights-of-way.
5. Any unit of an SB 9 Development Project shall be architecturally consistent with the
existing residential dwelling. In addition, and except as provided in this Section, all
units shall be designed and sited to be similar to the existing dwelling with respect to
architectural style, roof pitch, color, and materials.
6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent
roof or wall material.
7. Any unit of an SB 9 Development Project shall include solar panels.
8. Any unit of an SB 9 Development Project shall not include roof decks or balconies
above or upon the unit.
9. Refuse storage areas shall be enclosed or semi-enclosed in a structure and concealed
from view from adjacent public rights-of-way and located outside of required setbacks.
17. Additional Standards Relatine to Projects in the Coastal Zone. In addition to the above.
SB 9 Development Projects located within the Coastal Zone shall be designed and sited to:
1. Protect public access to and alone the shoreline areas.
2. Protect public views to and along the ocean and scenic coastal areas.
3. Protect sensitive coastal resources.
4. Minimize and, where feasible, avoid shoreline hazards.
G. Affordable Rental Rate. If, pursuant to SB 9, more than one unit is developed on a lot,
such units shall be rented or leased at a maximum rate affordable to low income tenants, if they
are rented. Upon request from the City, the property owner shall furnish a copy of the rental or
lease agreement of any unit that is rented or leased and has resulted from an SB 9 Development
Project.
I-1. Additional Standards Relatinz; to Urban Lot Splits. In addition to the above, Urban Lot
Splits shall comply the following standards:
I. No flag lots shall be created as a result of an Urban Lot Split if the subject property is
adjacent to an alley, located on a corner, or on a through lot. Provided however, that
this provision shall not apply to through lots abutting arterial highways.
2. "rhe width of any lot resulting from an Urban Lot Split shall not be less than 20 feet
wide.
3. The proposed parcel map shall demonstrate ability to access the public right-of-way in
perpetuity.
4. Development of'both lots shall occur concurrently with the Urban Lot Split.
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Ordinance No. 4249
237.14 Exceptions
The Community Development Director shall approve an exception to any of the standards
specified in this Chapter upon determining that complying with the standard would physically
preclude the construction of up to two residential units per lot or would physically preclude either
of'the two residential units from being 800 square feet in floor area.
237.16 Denial
The Community Development Director may deny an application for an SB 9 Development Project
upon making both of the following findings in writing based on the preponderance of the evidence:
1. The proposal would have a specific, adverse impact, as defined and determined in
Government Code Section 65589.5(d)(2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
237.18 Enforcement and Remedies
A. Criminal Fines and Penalties. Any person responsible for violating any provision of this
Chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attomey and/or
district attorney. Upon conviction, the person shall be punished as prescribed in Chapter 1.16.
B. Administrative Fines and Penalties. Whenever an officer charged with the enforcement of
any provision of this Municipal Code determines that a violation of this Chapter has occurred, the
officer shall have the authority to issue an administrative citation to any person responsible for the
violation in accordance with Chapter 1.16.
C. Public Nuisance and Lien on Property. Any use or condition caused, or permitted to exist,
in violation of any provision of this chapter shall be,and is hereby declared to be, a public nuisance
and may be summarily abated by the City pursuant to Code of'Civil Procedure Section 731 or any
other remedy available at law. In accordance with Chapter 17.10, the City may also collect any
fee, cost, or charge incurred in the abatement of such nuisance by making the amount ofany unpaid
fee, cost or charge a lien against the property that is the subject of the enforcement activity.
D. Civil Action. In addition to any other enforcement permitted by the City's Zoning and/or
Municipal Codes, the City Attorney may bring a civil action for injunctive relief and civil penalties
against any person who violates any provision of this Chapter. In any civil action that is brought
pursuant to this Chapter, a court of competent.jurisdiction may award civil penalties and costs to
the prevailing party.
E. Revocation. Any violation of this Chapter may result in revocation of SB 9 Development
Project permit.
Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in
this Section shall prevent the City from initiating civil, criminal or other legal or equitable
proceedings as an alternative to any of the proceedings set forth above."
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Ordinance No. 4249
SECTION 2. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act ("CEQA"). the State CEQA Guidelines,
and the environmental regulations of the City. The City Council hereby finds and determines that
the Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210)
effective January 1, 2022. Furthermore, this Ordinance is exempt from CEQA based on the
following reasons. This Ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical change in the
environment, directly or ultimately. This Ordinance is categorically exempt from CEQA under
Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its
police power and in accordance with Government Code Section 65858 to assure maintenance and
protection of the environment pending the evaluation and adoption of contemplated local
legislation, regulation and policies. This Ordinance is not subject to CEQA under the general rule
in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Any development that would be
contemplated under this Ordinance must be treated ministerially, and any such projects would be
exempt from the environmental review requirements. I-or the reasons set forth herein above, it can
be seen with certainty that there is no possibility that this Ordinance will have a significant effect
on the environment.
SECTION 3 Authority. Pursuant to Government Code Section 65858, the City Council may,
to protect the public safety. health, and welfare, adopt, as an urgency measure, an interim ordinance
that prohibits certain developments that may be in conflict with a contemplated zoning proposal
that the City Council is considering, studying or intends to study within a reasonable period oftime.
The City Council finds and determines that there is a potential for an immediate threat to public
health, safety, and welfare from S13 9 Development Projects that do not conform with certain
objective standards established by the City because of the potential of SB 9 Development Projects
to have a detrimental impact on single-family residential neighborhoods in the City, as mentioned
in the foregoing recitals, which are incorporated herein by referenced. Therefore, under the
authority of Government Code Section 65858, the City Council seeks to establish interim objective
standards to protect the public health, safety, and welfare, while the City Studies permanent
standards for SB 9 Development Projects.
SECTION 4. Effective Date. This Ordinance is adopted as an urgency ordinance for the
immediate preservation of the public peace, health and safety pursuant to Government Code
Section 65858, and therefore shall be passed immediately upon its introduction and shall become
effective immediately upon its adoption by a minimum 4/5 vote of the City Council and shall
continue in effect for a period of no longer than forty- five (45) days. After notice pursuant to
Section 65090 of the California Government Code and public hearing, the City Council may
extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858.
SECTION 5. Severability. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be considered a separate, distinct and independent
provision and such holding shall not affect the validity and enforceability of the other provisions
of this Ordinance.
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Ordinance No. 4249
SECTION 6. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner
required by law.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of March 2022.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk it ttorney M1J
REVIE AN APPROVED: INITIATED AND APPROVED:
zJ- ;V, bLp,
City anager Di t r of Community Development
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Interim Urgency Ord. No. 4249
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I. ROBIN' ESTANISLAU. the duly elected. qualified City Clerk of
the City of Huntington Beach, and ex-of7icio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the Cite
of Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on March 1, 2022 and was passed and
adopted by at least sic allirmative votes of said City Council.
AYES: Peterson, Bolton, Posey, Delgleize, Carr. Moser. Kalmcik
NOES: None
ABSENT: None
ABSTAIN: None
I,ROBIN ES"rANISLAU.Cn Y CLERK of the Cite of
I Iuntington Beach and cc-onicio Clerk of the Citp
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach /^7
\Nave on: March 10,2022.
In accordance with the City Charter of said City. IKAIN/AW',�•�/
Robin Estanislau, Ciro Clerk City Clerk and ex-officio Clerk
Deotnv Cinv Clerk of the City Council of the City
of Huntington Beach. California