HomeMy WebLinkAboutOrdinance #4253 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
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 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 Cite is continuing to MUdv 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
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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 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 Huntington Beach does hereby ordain as follows:
SECTION 1 Authority. Pursuant to Government Code Section 65859. the City Council may,
to protect the public safety, health, and wel fare, 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 SB 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 Objective Standards Extended. The City of I-luntington 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 SB 9
shall remain subject to the interim regulations for the term provided in Section 3 of this Ordinance
below.
SF..CTION J. Tenn. This 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 S13 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 environmental 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 CI`QA 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. ']'his 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 lorth 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 mininunn 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 anv 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.
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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 Jr�' day of—,d)2rj/ 2022.
Mayor
ATTEST: l / , APPROVED AS FORM:
Nl. �T�Gu4.�2ttl _
City Clerk C' Attorney �1
REVIEWED AND APPROVED: INITIATEE��D AND APPROVED:
5 V—rrji,� 0�
� c
City Manager Director of Community Development
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Interim Urgency Ord. No. 4253
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-officio Clerk of the City Council of said City,
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
I,ROBIN ESTANISLAU.CITY CLERK of the Cit)of
Huntington Beach and enofricw Clerk of the City
Council,do hereby mtify Ow a synopsis of this
ordjnwc has been published in the Huntington Beach o w K asc on April 14,2022.
In xcordancc with the City Charm of wd City. (/V
bin Estanislau City Clerk City Clerk and ex-officio Clerk
_ Deputy City Clark of the City Council of the City
of Huntington Beach, California