HomeMy WebLinkAboutAdopt Interim Ordinance No. 4253 Extending Urgency Ordinance /$°P,<D✓ED 7-0
2000 Main Street,
Huntington Beach,CA
City of Huntington Beach 92648
File #: 22-244 MEETING DATE: 4/5/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Jennifer Villasenor, Deputy Director of Community Development
Subject: 4253
Adopt Interim Ordinance No. 4335extending Urgency Ordinance No. 4249 regarding SB 9
Projects
SIX AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS ORDINANCE PER GOVERNMENT
CODE SECTION 65858
Statement of Issue:
On March 1, 2022, the City Council adopted Urgency Ordinance No. 4249 establishing interim
development standards and review procedures for projects proposed pursuant to Senate Bill 9.
Pursuant to Government Code section 65858 Urgency Ordinance No. 4249 became effective for 45
days and will expire April 15, 2022. Staff is requesting that the City Council extend the interim
ordinance by a period of 10 months and 15 days, pursuant to Government Code Section 65858, to
allow for a reasonable amount of time to prepare permanent objective standards and review
procedures.
Financial Impact:
There is no direct financial impact.
Recommended Action: y253
Adopt Interim Ordinance No. -4235, "An Interim Ordinance of the City Council of the City Of
Huntington Beach Extending Urgency Ordinance No. 4249, Regarding 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" (Attachment No. 1).
Alternative Action(s): 25
Do not adopt Interim Ordinance No. which extends Urgency Ordinance No. 4249, and direct
staff accordingly.
Analysis:
City of Huntington Beach Page 1 of 2 Printed,�oo�n1pG3/302022
Do"IeW*Leg-eta'"'
File #: 22-244 MEETING DATE: 4/5/2022
Urgency Ordinance No. 4249 established interim objective development standards and review
procedures for projects proposed pursuant to Senate Bill 9 (SB 9). SB 9 requires cities to
ministerially approve two-unit developments and/or parcel maps to subdivide an existing lot in single-
family residential zones. Urgency Ordinance No. 4249 was adopted to protect the public health,
safety, and welfare while staff prepares permanent land use regulations for SB 9 projects and to
ensure SB 9 does not have a detrimental impact on single-family residential neighborhoods within the
City. Pursuant to state law, Urgency Ordinance No. 4249 will expire on April 15, 2022, unless the
City Council takes action to extend it. Additional time to evaluate the variety of properties that are
subject to SB 9 and research whether additional or modified regulations may be appropriate is
needed. Therefore, staff is recommending the City Council extend Urgency Ordinance No. 4249 for
10 months and 15 days, in accordance with state law, to ensure reasonable time to formulate
permanent SB 9 regulations and go through the typical Zoning Text Amendment process. If the City
Council does not extend Urgency Ordinance No. 4249, the locally established interim regulations will
expire and the City will follow state law when processing SB 9 development applications.
Environmental Status:
Effective January 1, 2022 the proposed ordinance is exempt from CEQA pursuant to Government
Code Section 65852.210). Furthermore, the ordinance is exempt from CEQA because the proposed
ordinance is not a project within the meaning of Section 15378 of the CEQA Guidelines and because
it has no potential for resulting in a physical change in the environment, directly or ultimately. The
proposed 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. The
ordinance is also not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)
(3), which exempts where it can be seen with certainty that the project will not result in significant
environmental effects. Additionally, any development contemplated under the proposed ordinance
must be treated ministerially, and any such projects would be subject to environmental review
requirements pursuant to CEQA
Strategic Plan Goal:
Economic Development & Housing
Attachment(s): 4253
1 . Interim Ordinance No. 4235
2. Urgency Ordinance No. 4249
City of Huntington Beach Page 2 of 2 Printed on 3/302022
.:nee►lri tee sta ,.
URGENCY ORDINANCE NO. 4253
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH EXTENDING URGENCY
ORDINANCE NO. 4249, REGARDING OBJECTIVE
STANDARDS FOR URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACORDANCE WITH SENATE BILL 9.
DECLARING THE URGENCY THEREOF, AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
WFIEREAS, 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 of 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 passed, and the Governor signed Senate Bill 9 (SB 9),
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 implement 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, accordingly, the City Council adopted Urgency Ordinance No 4249, an interim
ordinance that took effect on March 1, 2022. Urgency Ordinance No. 4249 establishes standards
and procedures for projects developed according to the regulations included in SB 9, while
preserving the City's ability to accept, process, and approve applications for multifamily housing
in single-family residential zones, including within specific plan areas, consistent with the intent
of the SB 9 legislation.
WHEREAS, since the passage of Urgency Ordinance No. 4249, City staff began review of
the diverse land parcels that exist throughout the City, as well as the impact of the interim objective
standards. These measures are more fully explained in the report approved for issuance by the City
Council on March 1,2022,pursuant to Government Code Section 65858(d). This report is attached
to the April 5, 2022 staff report accompanying this Urgency Ordinance and made a part of the
record thereto.
WHEREAS, the City is continuing to study and formulate permanent regulations for the
implementation of SB 9 projects in the City. In particular, additional time is needed to adequately
evaluate the variety of properties that are subject to SB 9, and to research whether additional
exemptions or regulations may be appropriate. Thus, the City Council wishes to extend its existing
21-10639/278549
Urgency Ordinance No. 4253
interim regulations and immediately preserve limits on development and rental rates for units
constructed under SB 9 while permanent standards continue to be studied and formulated. Neither
Urgency Ordinance No. 4249 nor this interim Urgency Ordinance have the effect of denying
approvals for projects consisting of significant components of multifamily housing. Rather, the
Ordinances impose objective standards, including provisions for affordable housing, that ensure
that housing stock for lower income households remains available within the City, and that
adequate parking and traffic circulation is preserved while permanent regulations are formed. In
any event, continued approval of multifamily housing projects without the City's interim standards
in place would have the effect of dissipating available opportunities to develop affordable housing.
The failure to protect such scarce opportunities to develop affordable housing has an adverse
impact on the public health, safety, and welfare.
WHEREAS, pursuant to Goverument Code Section 65858(a), the City Council held a duly
noticed public hearing prior to adopting this interim Urgency Ordinance.
The Citv Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1 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 of time.
The City Council finds and determines that there continues to be 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. After public
notice, the City Council may extend the interim ordinance by a period of 10 months and 15 days,
pursuant to Government Code Section 65858. Notice of the public hearing at which the City
Council considered adopting this extension ordinance was duly published on March 24. 2022.
SECTION 2. Interim SB 9 Obiective Standards Extended. The City of Huntington Beach
hereby extends the current interim objective standards codified in Chapter 237 of Title 23 of the
Huntington Beach Municipal Code, which were initially established for the 45-day period of
March 1, 2022 to April 15. 2022. Urban lot split and housing units built in accordance with S13 9
shall remain subject to the interim regulations for the term provided in Section 3 of this Ordinance
below.
SECTION 3. Term. '['his Urgency Ordinance shall expire, and the interim regulations
established hereby shall terminate on March 2, 2023, which is 10 months and 15 days from the
expiration of Interim Urgency Ordinance No. 4249. Altematively; the City council may terminate
this Urgency Ordinance prior to its expiration date of March 2, 2023, upon the adoption of' a
permanent ordinance that regulates SB 9 development projects. After notice pursuant to Section
65090 of the California Government Code and public hearing, the City Council may further extend
the effectiveness of this Interim Ordinance as provided in Government Code Section 65858.
SECTION 4. CE A. 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 envirommmental regulations of the City. The City Council hereby finds and
Urgency Ordinance No. 4253
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 CGQA 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. For 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 5. 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.
SECTION 6. Severability. if any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance or the application thereof to any person or place, is for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or application,
and to this end, the provisions of this Ordinance are severable. The City Council hereby declares it
would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence,
clause, phrase, or portion thereof. irrespective of the fact that any one or more sections. subsections,
subdivisions, sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional.
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and post or publish this Ordinance in the manner required by law.
3
Urgency Ordinance No. 4253
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5 day ofr / 2022.
s
Mayor
ATTEST: APPROVED AS IPORM:
C Clerk Ci
ity y Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
IAMI,.� E� \�-- -
City nager Director of Community Development
4
Interim Urgency Ord. No. 4253
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
1, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said Cir,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven: that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on April 5, 2022 and was passed and
adopted by at least six affirmative votes of said City Council.
AYES: Peterson, Bolton, Posey, Delgleize, Carr; Moser, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
1,ROBN ESTANISLAU,CITY CLERK of the City of
Huntington Beach and exofticio Clerk of the City
Council,do hereby cenifj'that a synopsis of this
ordinance has been published in the Huntington Beach Wave on: April la,2022
In accordance with the Cip Charter of said City.
bin Estanislau, City Clerk City Clerk and ex-officio Clerk
DcouN City Clerk of the City Council of the City
of Huntington Beach, Califomia
URGENCY ORDINANCE N . 4235
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH EXTENDING URGENCY
ORDINANCE NO. 4249. REGARDING OBJECTIVE
STANDARDS FOR URBAN LOT SPLITS AND HOUSIN.6
UNITS BUILT IN ACORDANCE WITH SENATE BILL/9,
DECLARING THE URGENCY THEREOF, AND i\,IAKXTG 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 municipal2t.,periencing
I9trs.
WHEREAS, the State of California has said that it i a housing supply crisis,
which has particularly exacerbated the need for affordable homes at prices below market rates.
WHEREAS, the California Legislature passed, an/he Governor signed Senate Bill 9 (SB 9),
which requires local agencies, including charter citi , to ministerially approve urban lot splits and
development of two residential units in single fa tiv 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 tential to impact the health, safety, and welfare of
residents in the City, and particularly on t character of single family residential neighborhoods,
vehicular and pedestrian safety, on-stre- parking demand and impacts, and housing affordability.
As such, and notwithstanding any arg nent concerning the applicability of SB 9 to charter cities,
that the C/nn
Council finds that the s an immediate need to implement objective zoning and
subdivisitandards for SB 9 pr ects in order to protect the public health, safety. and welfare
while it ses permanent land t e regulations for such projects and to ensure SB 9 does not have
a detrime impact on single roily residential neighborhoods within the City. This process may
be lengtaccordingly, th City Council adopted Urgency Ordinance No 4249, an interim
ordinanct took effect March I. 2022. Urgency Ordinance No. 4249 establishes standards
and procres for prof is developed according to the regulations included in SB 9, while
preservine City's ab' ity to accept, process, and approve applications for multifamily housing
in singleily reside tial zones, including within specific plan areas, consistent with the intent
of the SBegislatiWHAS, ince the passage of Urgency Ordinance No. 4249, City staff' began review of
the divernd arcels that exist throughout the City,as well as the impact ofthe interim objective
standardse c measures are more fully explained in the report approved for issuance by the City
Council arch 1, 2022, pursuant to Government Code Section 6>8>8(d). This report is attached
to the A5. 2022 staff report accompanying this Urgency Ordinance and made a part of the
record tho.
-IEREAS. the City is continuing to study and formulate permanent regulations for the
IY4
imp mentation of SB 9 projects in the City. In particular, additional time is needed to adequately
ev uate the variety of properties that are subject to SB 9, and to research whether additional
0ns or regulations may be appropriate. Thus, the City Council wishes to extend its existing
/,eillpt
-1 0639n 7854()
Urgency Ordinance NF4235
interim regulations and immediately preserve limits on development and rental rates
constructed under SB 9 while permanent standards continue to be studied and formulated. Neither
Urgency Ordinance No. 4249 nor this interim Urgency Ordinance have the effect of denying
approvals for projects consisting of significant components of multifamily housing. Rather, the
Ordinances impose objective standards, including provisions for affordable housing/that ensure
that housing stock for lower income households remains available within the�CJity, and that
adequate parking and traffic circulation is preserved while permanent regulatiorts'are formed. In
any event, continued approval of multifamily housing projects without the City's interim standards
in place would have the effect of dissipating available opportunities to deve�p affordable housing.
The failure to protect such scarce opportunities to develop affordable housing has an adverse
impact on the public health, safety, and welfare.
W1-1EREAS, pursuant to Government Code Section 65858(a) the City Council held a duly
noticed public hearing prior to adopting this interim Urgency Ordinance.
The City Council of the City of l-luntington Beach does 4by ordain as follows:
SECTION I 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/inflict with a contemplated zoning proposal
that the City Council is considering, studying or intends to study within a reasonable period of time.
The City Council finds and determines that there`continues to be a potential for an immediate threat
to public health, safety, and welfare from SB 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 Ingle-family residential neighborhoods in the City, as
mentioned in the foregoing recitals, wfich are incorporated herein by referenced. After public
notice, the City Council may extend t►te interim ordinance by a period of 10 months and 15 days.
pursuant to Government Code Sec 65858. Notice of the public hearing at which the City
Council considered adopting this extension ordinance was dUly published on March 24, 2022.
SECTION 2. Interim S134biective Standards Extended. The City of Huntington Beach
hereby extends the current jriterim objective standards codified in Chapter 237 of Title 23 of the
Huntington Beach Municipal Code, which were initially established for the 45-day period of
March I, 2022 to April lr�. 2022. Urban lot split and housing units built in accordance with SB 9
shall remain subject to tfic interim regulations for the term provided in Section 3 of this Ordinance
below.
SECTION Term. This Urgency Ordinance shall expire, and the interim regulations
established her y shall terminate on March 2. 2023, which is 10 months and 15 days from the
expiration of� terim Urgency Ordinance No. 4249. Alternatively. the City council may terminate
this Urgent/ Ordinance prior to its expiration date of Nlarch 2. 2023, upon the adoption of a
pen nanen ordinance that regulates SB 9 development projects. After notice pursuant to Section
65090 of/the California Goverment Code and public hearing, the City Council may further extend
the effectiveness of this Interim Ordinance as provided in Governmment Code Section 65858.
/SFCTION 4. CE A. This Ordinance was assessed in accordance with the authority and
cf teria contained in the California Environmental Quality Act ("CEQA"), the State CEQA
uidelines, and the environmental regulations of the City. The City Council hereby finds and
l �
Urgency Ordinance o. 42�.5
determines that the Ordinance is exempt from the CEQA pursuant to Government Coded ecttiion
65852.216) effective January 1. 2022. Furthermore. this Ordinance is exempt from CEQA based
i
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 exempts rom 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 G(QA 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. For th�e�easons 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 5. Effective Date. This Ordinancelis 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 as minimum 4/5 vote of the City Council.
SECTION 6. Severability. If any seclicn, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance or the application thereof to any person or place, is for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or application,
and to this end, the provisions of this Ordinance are severable. The City Council hereby declares it
would have adopted this Ordinance. and each and every section, subsection, subdivision, sentence,
clause, phrase, or portion theJof, irrespective of the fact that any one or more sections, subsections.
subdivisions.sentences, clauses, phrases,or portions thereof be declared invalid or unconstitutional.
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of'
this Ordinance and p ft or publish this Ordinance in the manner required by law.
3
URGENCY ORDINANCE NO. 4249
AN INTERIN1 ORDINANCE OF'1'1-iE Cn-v COUNCIL OF THE
CITY 017 HUNTINGTON BEACH ADDING CHAPTER 237
-1-0 TITLE 23 OP THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TO PROVIDE OBJECTIVE
STANDARDS FOR URBAN LOT SPLITS AND MOUSING
UNITS BUILT IN ACCORDANCE: WITH SENATE' BILL 9.
DECLARING THE URGENCY THEREOF, AND \BAKING A
FINDING OF EXEN111TION 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 supple 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 I. 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. S13 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 S13 9 to charter cities.
that the Citv 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 ofaffordability 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 immediate]\,and preserve limits on development and rental rates for
units constructed under S13 9 while permanent standards are studied and formulated.
?1.10639/?76686
441
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 'toning proposal that the City Council is considering, studying or intends to
study .within a reasonable period of time.
1 IIEREAS, 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 wellare.
The City Council ol'the City of Fluntington Beach does hereby ordain as follows:
SECTION 1. Notwithstanding any other ordinance or provision of the Huntington Beach
I4unicipal 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 OBJECTIVE. STANDARDS FOR S13 9 DEVEL.OPiMENT 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 (SB 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 California Stale 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 S13 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 o1 the structural members in exterior walls. and including halls. stairways.
442
Ordinance No. 4249
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
Huntinmon Beach Zonine 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 delned in Government
Code Section 65852.22.
237.06 Applicabilih
Notwithstanding any other provision of the I luntington Beach Nlunicipal Code or Local Coastal
Program, the provisions of this Chapter shall apply to S13 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 N•lunicipal 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 my and all other perniits
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.
13. Application Processing: Applicants are required to submit a General Planning application.
accompanied by a tec 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 S13 9 Development Project is sought, must provide a sworn statement atlinning
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 iv4ap Act. except no public hearing shall be required for approval.
D. S13 9 Development Projects in the Coastal Zone: An application for any S13 9 Development
Project in the coastal zone shall require submittal of a Coastal Development Permit pursuant to
Chapter 245. S13 9 Development Projects shall be subject to the 1-indings for approval of a coastal
development permit and the noticing requirements in Chapter 245, c;ccpt no public hearing shall
be required for approval.
3
443
Ordinance No. 4249
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 Cite written
evidencc of the HOA's approval ol'the proposed Project concurrent with their application.
P. 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 statemem.
237.10 General Requirements
A property owner seeking approval of an SI3 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 Nlunicipal 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 ol'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 properly 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 SB 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-Confonning Structure or Use. S13 9 Development Projects shall not be
located on any lot with an existing development that is non-conforming with respect to the Cit_y'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 traflic 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 salety, the City may
deny the Application and/or require the applicant to submit an Administrative Permit.
4
4"
Ordinance No. 4249
237.12 Objective Development Standards
All SB 9 Development Projects shall comply with the fallowing 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. i\9aximurn Unit Size. No unit constructed pursuant to SB 9 regulations shall have a Gross
Floor Area in excess of 800 square beet and I bedroom.
13. Maximum HeiahUStorics. 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 SB 9 shall have a minimum tour
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 S13 9. including but
not limited to HVAC equipment, staircases, and patio covers, shall project into file
required rear, side, or front yard setback.
4. No additional setbacks shall be required if a unit is constricted within the footprint of
an esistinu 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 ofthe Zoning
Code.
3. Any garage that serves and is located within the same structure as an S13 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 ol'the new parcel is 30 feet or less.
E. Design of Unit.
I. Arw unit constructed pursuant to the provisions of S13 9 shall be constructed upon a
permanent foundation.
2. Any unit of'an S13 9 Development Project shall include sufficient permanent provisions
for living. sleeping, eating, cooking, and sanitation, including but riot limited to washer
dryer hookups and kitchen facilities.
3. Any unit ol'an SB 9 Development project shall be connected to the public server, and
that connection shall be subject to a connection fee, or capacity charge, or both.
445
Ordinance No. 4249
4. Any unit of an S13 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 S13 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 Sf3 9 Development Project shall include solar panels.
S. Any unit of an Sl3 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.
F. Additional Standards Relating to Projects in the Coastal -(_one. In addition to the above.
Sf3 9 Development Projects located within the Coastal Zone shall be designed and sited to:
I . Protect public access to and along the shoreline areas.
2. Protect public views to and along the ocean and scenic coastal areas.
3. Protect sensitive coastal resources.
4. i\9inimize and, where feasible, avoid shoreline hazards.
G. Aftordable 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 S3 9 Development
Project.
H. Additional Standards Relating 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. The 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 ol'both lots shall occur concurrently with the Urban Lot Split.
6
446
Ordinance No. 4249
237.14 Exceplions
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 S13 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 6589.5(d)(2).
2. Therc 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 violatir , any provision of this
Chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney 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, it 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 ol'such nuisance by making the amount of any 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 per-mined 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. Gt any civil action that is brouglu
pursuant to this Chapter, it court of competent.jurisdiction may award civil penalties and costs to
the prevailing party.
F. Revocation. Any violation of this Chapter may result in revocation of S13 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 its an alternative to any of the proceedings set forth abo%e."
7
447
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 front 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 front the environmental review requirements. For 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 Govemment 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 of time.
The City Council finds and determines that there is a potential for an immediate threat to public
health, safety, and welfare from Sf3 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 Govemment 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 rnav
extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858.
SECTION 5. Severabilit-. 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.
8
448
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 I st day of March . 2022.
\favor
A7"fE•ST: APPROVED AS TO FORM:
Cite Clerk it ttornev MAl
REVIE% AN APPROVED: INITIATED AND APPROVED:
Z
City \ anager Director of Community Development
9
449
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 es-ollicio Clerk of the City Council of said City.
do hereby certify that the whole number of members of the City Council of the Cin'
of Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on (March I, 2022 and was passed and
adopted by at least sic affirmative votes of said City Council.
AYES: Peterson, Bolton, Posey, Delgleize. Carr. Moser. Kalmcik
NOES: None
ABSENT: None
ABSTAIN: None
I.WREN F.S'I'ANISLAU.C1I Y CLERK of the C ilo of
I Iuntington Bcaeh and e,�-affcio Clerk of the City
Cam nci I.do hercbp certil) that a synopsis of this
ordinance has been published in the Huntington Beach
%VnN
In ac an: ce%i 10.?City
In accordance with the City Chanty of said City. /✓/4,/Y/ I
Robin Estanislau, Ciro Clerk City Clerk and ex-off icio Clerk
Dcamv City'Clerk of the City Council of the City
of Huntington Beach. Calilornia
450
31agIRp-
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCILOF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday,April 5,2022,at 6:00 P.m.in the City Council
Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing
on the following item:
`0. EXTENSION OF URGENCY ORDINANCE NO.4249 (SR9 DEVELOPMENT
PROJECTSI: Applicant: City of Huntington Beach Request: To extend Urgency
Ordinance No.4249, regarding obiective standards and ministerial approval for urban
lot splits and development of two residential units on a lot in single-family residential
zoning districts in accordance with Senate Bill 9,pursuant to Government Code Section
65858. The City Council adopted Urgency Ordinance on March 1, 2022. Location:
Citywide-Residential Low Density(RL) designated properties City Contact: Jennifer
Villasenor
NOTICE IS HEREBY GIVEN that Item pl is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Government Code Section 65852.21(i) and
Sections 15308 and 15061(b)(3)of the CEQA Guidelines.
ON FILE: A copy of the proposed request is on file in the Community Development
Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the
Public, A copy of the staff report will be available to interested parties at the City Clerk's
Office or online at http:77www.hunti ngtonbeachco.gov on Thursday,March 31,2022.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or
submit evidence for or against the item as outlined above. If you challenge the City
Council's action in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence
delivered to the City at, or prior to, the public hearing. If there are any further questions
Please call the Community Department of (714) 536-5271 and refer to the above items.
Direct your written communications to the City Clerk
Robin Estanislou,City Clerk
City of Huntington Beach
2000 Main Street,2nd Floor
Huntington Beach,California 92648
714-536-5227
http,/Aluntingtonbeachca.gov/HBPublicComments/
Published Huntingto Beach Wave March 24,2022 11524107
Moore, Tania
From: Christine Gonzalez <cgonzales@scng.com>
Sent: Tuesday, March 15, 2022 11:22 AM
To: Moore, Tania
Cc: Estanislau, Robin; Esparza, Patty, Switzer, Donna; De Coite, Kim; Villasenor, Jennifer
Subject: Re: PH Notice - Ext of Urgency Ordinance No.4249
Attachments: 11524107.pdf
Cost $415.00, pub HB Wave 3/24
There will be a 4%cost increase on all ads as of 4/l/2022.
OC Register Legal Advertising
Salcs ( uurdinatur
Chrissy Gonzalez
1771 S. Lewis St.
Anaheim, CA 92805
714-796-6736
M-F 8:00 a.m. - 4:30 p.m.
Lunch 12 Noon to 1 :00 p.m.
Closed Sat. and Sun.
On Tue, Mar 15, 2022 at 10:22 AM Moore. Tania <Tania.Moorena surfcity-hb.ore> wrote:
Hi Chrissy,
Please publish this public hearing notice in The Wave on 3/24122 as an expanded 1/8 page publication.
Thank you.
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
t
tania.moore aC)surfcity-hb.org
2
Moore, Tania
From: Christine Gonzalez <cgonzales@scng.com>
Sent: Friday, March 25, 2022 11:43 AM
To: Moore, Tania
Subject: Re: PH Notice - Ext of Urgency Ordinance No. 4249
Attachments: 11524107R.pdf
Affidavit
There will be a 4% cost increase on all ads as of 4/1/2022.
OC Register Legal Advertising
Sales ( uordinatur
Chrissy Gonzalez
1771 S. Lewis St.
Anaheim, CA 92805
714-796-6736
M-F 8:00 a.m. - 4:30 P.M.
Lunch 12 Noon to 1 :00 p.m.
Closed Sat. and Sun.
On Wed, Mar 16, 2022 at 7:44 AM Moore, Tania <)ania.Moore'dsurfcit%-hb.ore> wTote:
Thankyou!
Tania Moore, CIVIC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tarna mooreCcDsurfdty-hb.org
From: Christine Gonzalez<cgonzales@scnR.com>
Sent: Tuesday, March 15, 2022 11:22 AM
To: Moore, Tania <Tania.Moore@surf city-hb.orR>
Cc: Estanislau, Robin <Robin.Estanislau@ surf city-hb.orR>; Esparza, Patty<PEsoarza@surfcity-hb.orR>; Switzer, Donna
<Donna.Switzer@surfcity-hb.orR>; De Coite, Kim <KDeCoite@surfcity-hb.orR>;Villasenor,Jennifer
1
<JViIIasenor@surf city-hb.org>
Subject: Re: PH Notice - Ext of Urgency Ordinance No. 4249
Cost $415 00. pub HB Wave 3/24
There will be a 4%cost increase on all ads as of 4/l/2022.
OC Register Legal Advertising
Salc. ( unrdinatur
Chrissy Gonzalez
1 771 S. Lewis St.
Anaheim, CA 92805
714-796-6736
M-F 8:00 a.m. - 4:30 p.m.
Lunch 12 Noon to 1 :00 p.m.
Closed Sat. and Sun.
On Tue, Mar 15, 2022 at 10:22 AM Moore, Tania <fania.Moorenasurfcity-hb.org> wrote:
Hi Chrissy,
Please publish this public hearing notice in The Wai-e on 3/24/22 as an expanded 1/8 page publication.
2
Thank you,
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania moore(a)surfcity-hb.orq
3
Bul Rion Beach Wave
1771 S. Lewis Street
Anaheim, CA 92805
714-796-2209
5190751
HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION
CITY CLERK DEPARTMENT
2000 MAIN ST Legal No. 0011524107
HUNTINGTON BEACH, CA 92648-2763
FILE NO. ORDINANCE NO. 4249
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, l
J) SS.
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid, I am over the age of eighteen years, and
not a party to or interested in the above entitled matter. I
am the principal clerk of the Huntington Beach Wave, a
newspaper that has been adjudged to be a newspaper of
general circulation by the Superior Court of the County of
Orange, State of California, on July 1, 1998, Case No.
A-185906 in and for the City of Huntington Beach, County
of Orange, State of California. that the notice, of which the
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit:
03/24/2022
1 certify(or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: March 24, 2022.
Signature
�wnvive 1
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY-OF-HUNTING-TON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday, April 5,2022,a16:00 P.m, in the City Council
Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a Public hearing
on the following item:
al. EXTENSION OF URGENCY ORDINANCE NO.4249 (SB9 DEVELOPMENT
PROJECTS).: Applicant: City of Huntington Beach Request: To extend Urgency
Ordinance No.4249, regarding obiective standards and ministerial approval for urban
lot splits and development of two residential units on a lot in single-family residential
zoning districts in accordance with Senate Bill 9, pursuant to Government Code Section
65858. The City Council adopted Urgency Ordinance on March 1, 2022. Location:
Citywide-Residential Low Density (RL)designated Properties City Contact: Jennifer
Villosenor
NOTICE IS HEREBY GIVEN that Item tl is exempt from the provisions of the California
Environmental Quality Act (CEQA) Pursuant to Government Cade Section 65852.21(i) and
Sections 15308 and 15061(b)(3)of the CEQA Guidelines.
ON FILE: A copy of the proposed request is on file in the Community Development
Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the
Public. A copy of the staff report will be available to interested Parties at the City Clerk's
Office or online at http:/Avww.huntingtonbeachco.gov on Thursday,March 31,2022.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or
submit evidence for or against the item as outlined above. If you challenge the City
Council's action in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence
delivered to the City at, or prior to, the Public hearing. If there are any further questions
Please call the Community Department at (714) 536-5271 and refer to the above items.
Direct your written communications to the City Clerk
Robin Estanislau,City Clerk
City of Huntington Beach
20og Main Street,2nd Floor
Huntington Beach,California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
Published Huntingto Beach Wave March 24,2022 11524107
,.IP+-+viv+a 2
4/5/2022
SENATE BILL 9
Lo
City Council Meeting
April 5, 2022
REQUEST & RECOMMENDATION
Request: Extend Urgency Ordinance related to SB 9
Development Projects
On March I,2022,the City Council adopted Urgency Ordinance
No.4249 for SB 9 projects
Established interim development standards and review procedures
for projects proposed pursuant to Senate Bill 9 (SB 9)
Effective for 45 days;expires April 15,2022 unless extended
Recommendation:Adopt ordinance to extend interim
standards for SB development projects
Lim
SUPPLEMENTAL
COMMUNICATION
+9r+71np Date: yr- a0 a
1
+tea. Nu„No.• S -�y�/
Moore, Tania
From: Dylan Casey <dylan@carlaef.org>
Sent Tuesday, April 5, 2022 11:11 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL
cc: Gregory Magofna
subject Comment Letter on Agenda Item 25
Attachments: Huntington Beach SB 9 Letter.pdf
Dear City Council.
I would like to submit the attached letter commenting on Agenda Item 25. the proposed SB 9 Ordinance
extension.
Thank you for your consideration.
Dylan Casey
Executive Director, California Renters Legal Advocacy and Education Fund
www.carlaef.ore
SUPPLEMENTAL
COMMUNICATION
MPOV Deb:
Apanda Ihm No—
t
J� ' 1 • � 1 1 1 1 1 1
April 5, 2022
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: SB g Ordinance
Dear Huntington Beach City Council and City Attorney,
The California Renters Legal Advocacy and Education Fund (CaRLA) submits
this letter to inform the Huntington Beach City Council that they have an obligation to
abide by all relevant state housing laws when amending the Huntington Beach
Municipal Code pertaining to regulations for the subdivision and development of
qualified Senate Bill g properties. The California HOME Act (SB g) mandates local
jurisdictions, such as the City of Huntington Beach, to ministerially approve "without
discretionary review or a hearing" two residential units within a single-family
residential zone and the subdivision of one lot into two in any single-unit dwelling
zone that satisfies the applicability requirements outlined in the statute (see, Gov.
Code § 65852.21(a)(t)-(6), 66411.7(a)(t)-(3)). Huntington Beach's proposed
ordinance is in violation of SB q.
The reasoning behind this level of state intervention in local development
policy is clear. To address our state's massive housing shortage, we must find every
way we can to create new homes. SB q is intended to support the increased supply of
homes by encouraging the building of smaller houses on existing or subdivided lots,
thereby contributing to the creation of more equitable and inclusive neighborhoods.
I. Affordability Requirements Fail to Comply with State Law
The California HOME Act was enacted to provide new homes for Californian
families across the state. It is abundantly clear that the City Council's proposed
ordinance to implement the law is designed to prevent the creation of any new homes
at all.The ordinance would require all new homes resulting from an SB 9 Development
Project to be subject to an affordable housing restriction. If more than one unit is
developed on an SB 9 lot, the ordinance would require each unit to "be rented or
leased at a maximum rate affordable to low-income tenants, if they are rented" (Sec.
1-23'7.12(G)). These so-called inclusionary policies would in fact result in no new
housing being developed under the law, further perpetuating Huntington Beach's
exclusive housing and land use policies. Further, these requirements are unlawful
under SB 9 and state law governing inclusionary housing requirements.
First, the affordability restrictions are clearly infeasible, and fail to offer
required alternatives for compliance. Huntington Beach's own feasibility analysis for
its generally applicable affordable housing program identified a 10 percent
low-income requirement as the rough limit on a feasible affordable housing
requirement.' This reflects the consensus among surrounding cities in Orange County,
where inclusionary requirements range from 10 to 20 percent. There is no question
that imposing a too percent mandate on SB 9 developments, with no alternatives for
compliance, would be completely infeasible. This ordinance therefore violates the
state law standards for inclusionary housing ordinances. (Cal. Gov. Code §§
65850-65850.01).
Second, SB 9 requires that local objective standards must not "physically
preclude" the development of two 800 square foot units on a qualifying property. (Cal.
Gov. Code § 65852.21(b)(2)(A)).While affordability restrictions would generally not be
understood to physically preclude development, when taken as far as the city proposes
here they would operate as a de facto ban on the development of a duplex in
Huntington Beach. A total ban on state-mandated housing development is clearly
unlawful under the newly created law.
If the City Council is interested in complying with state law and making
Huntington Beach a more inclusive, affordable and accessible city, it should amend
the proposed ordinance to remove this de facto ban on SB 9 developments.
II. Unlawful Restrictions on ADUs and JADUs
When the state legislature enacted SB 9 it intended the law to work in harmony
with the state's existing statewide Accessory Dwelling Unit (ADU) and Junior
Accessory Dwelling Unit (JADU) standards. Statewide ADU laws are mandatory,
requiring local governments to approve new ADUs on both single-family and
multifamily properties. (Gov. Code Section 65852.2(e)).
Recognizing that combining authority of SB 9 and ADU laws could have
unintended consequences, the legislature carved out two exceptions from ADU laws in
the new bill. First, cities are not required to permit ADUs or JADUs on properties that
were created through an SB 9 lot split and use SB 9 to develop duplexes on the newly
'https://www.huntingtonbeachca.gov/files/use rs/economic_developmen t/Developer_w_atta
chmentsl_000.pdf
California Renters Legal Advocacy and Education Fund - hi@carlaef.org
36o Grand Ave, #323,Oakland,California 94612
created lots. Second, if a property is created through an SB 9 lot split, a city is not
required to allow more than two units on each new parcel notwithstanding state ADU
and JADU laws.3 Aside from these exceptions, Huntington Beach is required to follow
all state ADU and JADU requirements on properties created or developed under the
provisions of SB 9.The law explicitly states:
"...`unit' means any dwelling unit, including, but not limited to, a unit or
units created pursuant to Section 65852.21, a primary dwelling, an
accessory dwelling unit as defined in Section 65852.2, or a junior
accessory dwelling unit as defined in Section 65852.22" (Gov. Code
Section 66411.70)(2)).
Therefore, if developing an SB 9 duplex without a lot split, current ADU and
JADU regulations continue to apply pursuant to Government Code Sections 65852.2
and 65852.22. If using SB 9 with a subdivision, a maximum of two units will be
allowed, in any combination, inclusive of single-family homes, ADUs and JADUs
pursuant to Government Code sections 65852.2 and 65852.22. Under state law, a total
of four units (a two-unit project on each lot) can be built on what was previously a
single-family residential parcel.
Huntington Beach's proposed ordinance would restrict the maximum number
of units that can be built on a subdivided lot using SB 9. The proposal states:
"...accessory dwelling units (ADUs) on the site shall be prohibited" (Sec.
1-237.10(C)(2)). Under SB 9, local governments are only exempt from the state law
mandate to permit ADUs and JADUs if a property has completed a lot split and used SB
9 to develop a duplex (Gov. Code Section 66411.70)(1)). Thus, state law requires that
Huntington Beach allow for the construction of ADUs and JADUs on lots resulting
from subdivisions unless a duplex is built on the subdivided lot.
III. Development Standards Applied to Ministerial Developments Must be
Objective
Huntington Beach's proposed ordinance applies development standards
specifically to housing developments taking advantage of SB 9. State law does give
this authority to local governments, but the authority is subject to certain limitations.
First, these development standards cannot physically preclude the development of a
1 "Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit
an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the
authority contained within this section and the authority contained in Section 66411.7."
(Section 65852.21(f)).
3 "Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915,or this
section, a local agency shall not be required to permit more than two units on a parcel created
through the exercise of the authority contained within this section." (Section 66411.70)(1)).
California Renters Legal Advocacy and Education Fund - hi@cariaef.org
36o Grand Ave, #323, Oakland,California 94612
duplex with two 80o square foot homes. (Section 65852.21(b)(2)(A)). Second, all of the
development standards must qualify as objective standards as defined under the
statute. (Section 65852.2i(b)(i), (i)(2)).
The proposed ordinance requires that SB 9 developments "shall be
architecturally consistent with the existing residential dwelling" (Sec. 1-237.12(E)(5)).
This is clearly not an objective standard. Both the California Department of Housing
and Community Development, and the California court have ruled against standards
involving lesser degrees of personal, subjective judgment than trying to judge
architectural style. (See, e.g. (California Renters Legal Advocacy 8r Education Fund v. City
of San Mateo, 68 CalAPP.5th 820(2021)).
As you are well aware, California remains in the throes of a statewide
crisis-level housing shortage, and new housing is a public benefit. By abiding by SB 9,
Huntington Beach will bring increased tax revenue, new customers to local
businesses, decarbonization in the face of the climate crisis, but most importantly, it
will reduce the displacement of existing residents into homelessness or carbon-heavy
car commutes. Prohibiting ADU and JADU units on subdivided lots will inhibit
Huntington Beach's opportunity to construct badly needed housing. We ask that the
Council amend the ordinance to bring the proposal into compliance with state law, as
outlined in this letter.
CaRLA is a 501(c)3 non-profit corporation whose mission includes advocating
for increased access to housing for Californians at all income levels, including
low-income households.You may learn more about CaRLA at www.carlaef.ore.
Sincerely,
Dylan Casey
Executive Director
California Renters Legal Advocacy and Education Fund
California Renters Legal Advocacy and Education Fund - hi@carlaef.org
36o Grand Ave, #323,Oakland,California 94612
Huntington Beach Wave
1771 S. Lewis Street
Anaheim, CA 92805
714-796-2209
5190751
HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION
CITY CLERK DEPARTMENT
2000 MAIN ST Legal No. 0011529158
HUNTINGTON BEACH, CA 92648-2763
H.B.Wave
PUBLISH DATE: 04/14n022
HUNTINGTON
FILE NO. Synopsis for Ord No. 4235 CITY OF LEGAL NOTIC BEACH
URGENCY ORDINANCE NO.4235 l }
AFFIDAVIT OF PUBLICATION Adopted by the City Council on April 5,2022 -
"AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
STATE OF CALIFORNIA, OF HUNTINGTON BEACH EXTENDING URGENCY ORDINANCE
NO.4249, REGARDING OBJECTIVE STANDARDS FOR URBAN LOT
SS, SPLITS AND HOUSING UNITS BUILT IN ACORDANCE WITH
County of Orange AND MAKING AFIINDINGOF EXEMPTION UNDERCEQA"
SYNOPSIS :
Ordinance 4235 extends Urgency Ordinance No.4249 for 10 months and 15
days, in accordance with state law, to ensure reasonable time to
formulate permanent SB 9 regulations and go through the typical Zoning
I am a citizen of the United States and a resident of the Text Amendment process.
County aforesaid; I am over the age of eighteen years, COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY
and not a party to or interested in the above entitled CLERK'S OFFICE.
matter. I am the principal clerk of the Huntington Beach PASSED AND ADOPTED by the City Council of the City of Huntington
Wave, a newspaper that has been adjudged to be a Beach at a regular meeting held April 5, 2022 by the following roll call
newspaper of general circulation by the Superior Court of vote:
the County of Orange, State of California, on July 1, AYES: Peterson,Bolton, Posey, Delgleize,Carr,Moser, Kalmick
1998, Case No. A-185906 in and for the City of NOES: None
Huntington Beach, County of Orange, State of California; ABSENT: None
that the notice, of which the annexed is a true printed
copy, has been published in each regular and entire This ordinance is effective immediately.
issue of said newspaper and not in any supplement CITY OF HUNTINGTON BEACH
thereof on the following dates, t0 wit: 200DMAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
04/14/2022 ROBIN ESTANISLAU,CITY CLERK
I certify(or declare) under the penalty of perjury under
the laws of the State of California that the foregoing is
true and correct:
Executed at Anaheim, Orange County, California, on
Date:April 14, 2022.
C�
Signature
1