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HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4259 Approving Zoning 2000 Main Street, Huntington Beach,CA r' 92648 City of Huntington Beach �pP�ovED _ F&E At)bPn o AJ :;L_O File #: 22-566 MEETING DATE: 7/5/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Ursula Luna-Reynosa, Director of Community Development PREPARED BY: Jennifer Villasenor, Deputy Director of Community Development Subiect: Adopt Ordinance No. 4259 approving Zoning Text Amendment (ZTA) No. 22-002 establishing regulations for SB 9 development projects Approved for Introduction June 21, 2022 (Vote: 6-0-1 Peterson-Absent) Statement of Issue: Ordinance No 4259 approved for introduction on June 21, 2022, requires adoption. Financial Impact: There is no financial impact. Recommended Action: Approve Zoning Text Amendment No. 22-002 with findings and adopt Ordinance No. 4259, "An Ordinance of the City Council of the City of Huntington Beach Establishing Objective Standards for Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9, and Making a Finding of Exemption Under CEQA." (Attachment No.2) Alternative Action(s): Continue Zoning Text Amendment No. 22-002 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Property Owner: various - Residential Low Density (RL) designated properties Zoning Text Amendment (ZTA) No.__22-002 - to amend the HBZSO by adding Chapter 237 - Objective Standards for SB 9 Development Projects, establishing development standards and review procedures for projects proposed pursuant to Senate Bill 9. City of Huntington Beach Page 1 of 4 Printed on 6/30/2022 powere424 LegistarTM File #: 22-566 MEETING DATE: 7/5/2022 SB 9 adds Sections 65852.21 and 66411.7 to the Government Code. Section 65852.21 requires cities to consider a proposed housing development containing no more than two residential units within a single-family residential zone ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. Section 66411.7 requires local agencies to ministerially approve a parcel map for an "urban lot split" meeting certain requirements. Both statutes permit the City to impose objective zoning, subdivision, and design standards on such projects as long as those standards would not have the effect of physically precluding the construction of up to two units on a lot or physically preclude either of the two units from being at least 800 square feet in floor area. Background: SB 9 was signed into law by Governor Newsom on September 16, 2021, and became effective on January 1, 2022. SB 9 was part of the California Senate's 2021 Housing Production Package, a group of housing laws aimed at increasing housing supply throughout the state. On March 1, 2022, the City Council adopted an interim urgency ordinance establishing Chapter 237 of the HBZSO, which provides development regulations and processing procedures for SB 9 development projects. The City Council extended the interim urgency ordinance on April 5, 2022. The proposed ZTA would establish permanent SB 9 regulations. To date, the City received several inquiries and one SB 9 submittal, but the submittal was subsequently withdrawn. The May 24, 2022, Planning Commission staff report provides a detailed description and comprehensive analysis of the proposed ZTA (Attachment No. 3). B. PLANNING COMMISSION MEETING AND RECOMMENDATION: On May 24, 2022, the Planning Commission held a public hearing on ZTA No. 22-002. There were no speakers at the meeting and no written communications received. The Planning Commission asked questions about various provisions of the proposed ordinance. The Planning Commission then generally discussed the policy implications of the proposed ordinance and recommended a minor change to reference the Public Resources Code related to High Quality Transit Corridors. Ultimately, the Planning Commission voted to recommend approval of the ZTA to the City Council. Planning Commission Action on May 24, 2022: A motion was made by Scandura, seconded by Acosta-Galvan, to recommend to the City Council approval of ZTA No. 22-002 with findings carried by the following vote: AYES: Adam, Mandic, Acosta-Galvan, Perkins, Scandura, Rodriguez, Ray NOES: ABSTAIN: ABSENT: MOTION PASSED City of Huntington Beach Page 2 of 4 Printed on 6/30/2022 powered LegistarT" File #: 22-566 MEETING DATE: 7/5/2022 C. ANALYSIS: The staff report for the May 24, 2022, Planning Commission hearing (Attachment No. 3) provides a detailed description and comprehensive analysis of the proposed ZTA and its consistency with the goals and policies of the General Plan. Interim standards vs. proposed standards In general, the permanent provisions proposed in ZTA No. 22-002 reflect the interim standards adopted by the City Council in March. The following table summarizes the differences between the interim standards and the proposed permanent standards: Provision Interim standard Proposed standard Accessory Dwelling ADUs prohibited Clarifies that ADUs are prohibited in SB 9 Units projects that include a lot split Maximum unit size 800 s.f. / 1 bedroom Allows more square footage for larger lots Lot size 10,000 s.f. - 800 s.f/ 1 bedroom Lot size >_ 10,000 s.f. - 1,600 s.f. /2 bedrooms Design SB 9 units must be architecturally Clarifies standard to be more objective - SB 9 consistent/similar units must have same roof pitch, architecture, color and materials Affordable Housing All units required to be affordable Provision of affordable units is voluntary; added incentive of more square footage for provision of affordable units D. SUMMARY: In summary, the Planning Commission and staff recommend approval of ZTA No. 22-002 based on the following: - The proposed provisions are consistent with state law. - It is consistent with the goals and policies of the General Plan. - The proposed ZTA provides clear standards and a ministerial approval process for single- family residential property owners that want to improve their properties and add residential units to the City's housing supply while protecting existing single-family neighborhoods from adverse impacts. Environmental Status: ZTA No. 22-002 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n), which state the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit projects is not a project under CEQA. Strategic Plan Goal: Economic Development & Housing Attachment(s): City of Huntington Beach Page 3 of 4 Printed on 6/30/2022 powereW LegistarTl File #: 22-566 MEETING DATE: 7/5/2022 1. Findings for Approval - Zoning Text Amendment No. 22-002 2. Ordinance No. 4259 3. May 24, 2022 Planning Commission staff report City of Huntington Beach Page 4 of 4 Printed on 6/30/2022 powered Legistar" ORDINANCE NO. 4259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING OBJECTIVE STANDARDS FOR URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, 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, the City Council adopted Urgency Ordinances No 4249 and 4253, interim ordinances that established 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, the interim regulations terminate on March 2, 2023, which is 10 months and 15 days from the expiration of Interim Urgency Ordinance No. 4249, or upon the adoption of a permanent ordinance that regulates SB 9 development projects. WHEREAS, since the passage of the interim regulations, City staff reviewed the diverse land parcels that exist throughout the City, as well as the impact of the interim objective standards. WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-002, which adds Chapter 237, Objective Standards for SB 9 Development Projects, establishing ministerial review procedures and objective development and design standards for SB 9 projects in Residential Low Density (RL) designated areas. The City Council of the City of Huntington 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 Chapter 237 of Title 23 of the Huntington Beach Zoning Code, amended here in its entirety,to read as follows: Ordinance No. 4259 "Chapter 237 OBJECTIVE STANDARDS FOR SB 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 (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 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 66411.7. "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 a Single Family Residential Duplex,measured to the outside face of the structural members in exterior walls, and including halls, stairways, 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 a junior 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. 2 22-11353/285531 Ordinance No. 4259 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 sworn 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. 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 HOA'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: 3 22-11353/285531 Ordinance No. 4259 1. Non-residential uses on the site shall be prohibited; 2. The short term rental for periods less than 30 days of any units 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 SB 9 requirements and restrictions shall be required; 6. Access to the public right-of-way shall be maintained in perpetuity; 7. All required parking for existing units shall be maintained; and . 8. For projects involving a lot split, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be prohibited. 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 Proj ect 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. 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 the following: 1. 800 square feet and 1 bedroom for lot sizes of less than 10,000 square feet 2. 1,600 square feet and 2 bedrooms for lot sizes of 10,000 square feet or greater B. 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. For purposes of this Chapter, a detached unit shall be any unit that does not share at least 50 percent of one common wall with another existing unit. 4 22-11353/285531 Ordinance No. 4259 C. Setbacks. 1. Any units constructed pursuant to the provisions of SB 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 HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front 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-half mile walking distance of a high quality transit corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3, 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 of an 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. 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 22-11353/285531 Ordinance No. 4259 5. Any unit of an SB 9 Development Project shall be constructed with the same architectural style, color, roof pitch and materials as the existing residential dwelling. In addition, and except as provided in this Section, all units shall be designed and sited to have the same 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 or fenced area 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 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 along 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. Applicants that voluntarily provide SB 9 units rented or leased at a maximum rate affordable to low income tenants, shall be eligible for additional square footage up to 1,600 square feet and 2 bedrooms and maximum height of 2 stories per unit. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any affordable unit constructed pursuant to this section. H. Additional Standards Relating to Urban Lot Splits. In addition to the above, Urban Lot Splits shall comply with the following standards: 1. 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 of both lots shall occur concurrently with the Urban Lot Split. 6 22-11353/285531 Ordinance No. 4259 5. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be prohibited. 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 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,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 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 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." 7 22-11353/285531 Ordinance No. 4259 SECTION 2. CEQA. 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. 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 3. Effective Date. This Ordinance shall become effective 30 days after its adoption. SECTION 4. 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. 8 22-11353/285531 Ordinance No. 4259 SECTION 5. 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the J " day of 2022. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Ci Attorney ILW REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Dir for of Community Development 9 22-11353/285531 Ord. No. 4259 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 June 21,2022, and was again read to said City Council at a Regular meeting thereof held on July 5,2022, and was passed and adopted by the affirmative vote of at least a majority of all the members 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 City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on July 14,2022. In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Senior Deputy Clerk of the City Council of the City of Huntington Beach, California H.B. Wave PUBLISH DATE: 07/14/2022 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4259 Adopted by the City Council on July 5, 2022 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING OBJECTIVE STANDARDS FOR URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A FINDING OF EXEMPTION UNDER CEQA" SYNOPSIS: Ordinance No. 4259 approved Zoning Text Amendment No. 22-002 thereby amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237—Objective Standards for SB 9 Development Projects, which established development standards and review procedures for projects proposed pursuant to Senate Bill 9. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held July 5, 2022 by the following roll call vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None This ordinance is effective August 5, 2022. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 ROBIN ESTANISLAU, CITY CLERK Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Friday,July 8, 2022 8:45 AM To: Switzer, Donna Cc: Moore, Tania Subject: Re: Synopses - Ordinance Nos.4256 &4259 Attachments: 11547690.pdf, 11547687.pdf 11547687 cost $312.48 and 11547690 cost $307.52 both pub 7/14 HB Wave OC Register Legal Advertising Sales Coordinator 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 Thu, Jul 7, 2022 at 2:17 PM Switzer, Donna<Donna.Switzerksurfcity hb.org> wrote: Hi Chrissy, Please publish the two attached synopses, in The Wave, on July 14, 2022. Thank you, Donfla'sivX.eta, CMC Senior Deputy City Clerk-City of Huntington Beach 2000 Main Street-Huntington Beach,CA 92648 (714)374-1649 1 H.B.Wave PUBLISH DATE: 07/14/2022 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4259 Adopted by the City Council on July 5,2022 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING OBJECTIVE STANDARDS FOR URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL9,AND MAKING FINDINGOF EXEMPTION UNDERCEQA" SYNOPSIS: Ordinance No.4259 approved Zoning Text Amendment No.22-002 thereby amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 — Obiective Standards for SB 9 Development Proiects, which established development standards and review procedures for projects proposed pursuant to Senate Bill 9. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held July 5, 2022 by the following roll call vote: AYES: Peterson,Bolton,Posey,Delgleize,Carr,Moser, Kalmick NOES: None ABSENT: None This ordinance is effective August 5,2022. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 ROBIN ESTANISLAU,CITY CLERK Published Huntington Beach Wave July 14,2022 11547687 Nuntington 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. 0011547690 HUNTINGTON BEACH, CA 92648-2763 H.B.Wave PUBLISH DATE: 07/14(2022 CITY OF HUNTINGTON BEACH FILE NO. ORDINANCE NO. 4259 LEGAL NOTICE ORDINANCE NO.4259 AFFIDAVIT OF PUBLICATION Adopted by the City Council on July 5,2022 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING OBJECTIVE STANDARDS STATE OF CALIFORNIA, FOR URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL9,AND MAKING AFINDINGOF $$, EXEMPTION UNDERCEQA" County of Orange SYNOPSIS Ordinance No.4259 approved Zoning Text Amendment No.22-002 thereby amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 - Obiective Standards for SB 9 Development Proiects, which established development standards and review procedures for protects proposed pursuant to Senate Bill 9. 1 am a citizen of the United States and a resident of the COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY County aforesaid; I am over the age of eighteen years, and CLERK'S OFFICE. not a party to or interested in the above entitled matter. I PASSED AND ADOPTED by the City Council of the City of Huntington am the principal clerk of the Huntington Beach Wave, a Beach at a regular meeting held July 5, 2022 by the following roll call newspaper that has been adjudged to be a newspaper of AYES: Peterson,Bolton,Posey, Delgleize,Carr,Moser,Kalmick general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. NOES: None A-185906 in and for the City of Huntington Beach, County ABSENT: None of Orange, State of California;that the notice, of which the This ordinance is effective August 5,2022. annexed is a true printed copy, has been published in CITY OF HUNTINGTON BEACH each regular and entire issue of said newspaper and not in HUNTINGTON MAIN HE CA 92648 any supplement thereof on the following dates, to wit: 714-536-5227 ROBIN ESTANISLAU,CITY CLERK 07/14/2022 Published Huntington Beach Wave July 14,2022 11547687 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: July 14, 2022. ON11A.�- CA�'j Signature ,.:r•:_._ ,e 1 642 2000 Main Street, Huntington Beach,CA 92648 _ City of Huntington Beach ,�, 6-0 .1 fy III O ` a F�P,/AU7)2o bV c n d A File #: 22-493 MEETING DATE: 6/21/2022 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 Subiect: Approve for introduction Ordinance No. 4259 approving Zoning Text Amendment (ZTA) No. 22- 002 establishing regulations for SB 9 development projects Statement of Issue: Transmitted for the City Council's consideration is Zoning Text Amendment No. 22-002, a City- initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 establishing permanent review procedures and objective standards for Senate Bill 9 (SB 9) development projects. SB 9 became effective on January 1, 2022 and requires cities to ministerially approve two unit developments and/or parcel maps to subdivide an existing lot in single- family residential zones. The City Council adopted an urgency ordinance to establish interim standards on March 1, 2022 and extended the interim urgency ordinance on April 5, 2022. The Planning Commission held a public hearing to consider ZTA No. 22-002 on May 24, 2022 and recommended approval to the City Council. Financial Impact: There is no financial impact. Recommended Action: A) Find that Zoning Text Amendment No. 22-002 is exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n), which state the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 regulating urban lot splits and two unit residential projects is not a project under CEQA; and, B) Approve Zoning Text Amendment No. 22-002 with findings and approve for introduction Ordinance No. 4259, "An Ordinance of the City Council of the City of Huntington Beach Establishing Objective Standards for Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9, and Making a Finding of Exemption Under CEQA." (Attachment No.2) City of Huntington Beach Page 1 of 4 Printed on 6/16/2022 power LegistarTM 643 File #: 22-493 MEETING DATE: 6/21/2022 Alternative Action(s): Continue Zoning Text Amendment No. 22-002 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Property Owner: various - Residential Low Density (RL) designated properties Zoning Text Amendment (ZTA) No. 22-002 - to amend the HBZSO by adding Chapter 237 - Objective Standards for SB 9 Development Projects, establishing development standards and review procedures for projects proposed pursuant to Senate Bill 9. SB 9 adds Sections 65852.21 and 66411.7 to the Government Code. Section 65852.21 requires cities to consider a proposed housing development containing no more than two residential units within a single-family residential zone ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. Section 66411.7 requires local agencies to ministerially approve a parcel map for an "urban lot split" meeting certain requirements. Both statutes permit the City to impose objective zoning, subdivision, and design standards on such projects as long as those standards would not have the effect of physically precluding the construction of up to two units on a lot or physically preclude either of the two units from being at least 800 square feet in floor area. Background: SB 9 was signed into law by Governor Newsom on September 16, 2021, and became effective on January 1, 2022. SB 9 was part of the California Senate's 2021 Housing Production Package, a group of housing laws aimed at increasing housing supply throughout the state. On March 1, 2022, the City Council adopted an interim urgency ordinance establishing Chapter 237 of the HBZSO, which provides development regulations and processing procedures for SB 9 development projects. The City Council extended the interim urgency ordinance on April 5, 2022. The proposed ZTA would establish permanent SB 9 regulations. To date, the City received several inquiries and one SB 9 submittal, but the submittal was subsequently withdrawn. The May 24, 2022, Planning Commission staff report provides a detailed description and comprehensive analysis of the proposed ZTA (Attachment No. 3). B. PLANNING COMMISSION MEETING AND RECOMMENDATION: On May 24, 2022, the Planning Commission held a public hearing on ZTA No. 22-002. There were no speakers at the meeting and no written communications received. The Planning Commission asked questions about various provisions of the proposed ordinance. The Planning Commission then generally discussed the policy implications of the proposed ordinance and recommended a minor change to reference the Public Resources Code related to High Quality Transit Corridors. City of Huntington Beach Page 2 of 4 Printed on 6/16/2022 power -LegistarTrn 644 File #: 22-493 MEETING DATE: 6/21/2022 Ultimately, the Planning Commission voted to recommend approval of the ZTA to the City Council. Planning Commission Action on May 24, 2022: A motion was made by Scandura, seconded by Acosta-Galvan, to recommend to the City Council approval of ZTA No. 22-002 with findings carried by the following vote: AYES: Adam, Mandic, Acosta-Galvan, Perkins, Scandura, Rodriguez, Ray NOES: ABSTAIN: ABSENT: MOTION PASSED C. ANALYSIS: The staff report for the May 24, 2022, Planning Commission hearing (Attachment No. 3) provides a detailed description and comprehensive analysis of the proposed ZTA and its consistency with the goals and policies of the General Plan. Interim standards vs. proposed standards In general, the permanent provisions proposed in ZTA No. 22-002 reflect the interim standards adopted by the City Council in March. The following table summarizes the differences between the interim standards and the proposed permanent standards: Provision Interim standard Proposed standard Accessory Dwelling ADUs prohibited Clarifies that ADUs are prohibited in SB 9 Units projects that include a lot split Maximum unit size 800 s.f. / 1 bedroom Allows more square footage for larger lots Lot size 10,000 s.f. - 800 s.f/ 1 bedroom Lot size >_ 10,000 s.f. - 1,600 s.f. /2 bedrooms Design SB 9 units must be architecturally Clarifies standard to be more objective - SB 9 consistent/similar units must have same roof pitch, architecture, color and materials Affordable Housing All units required to be affordable Provision of affordable units is voluntary; added incentive of more square footage for provision of affordable units D. SUMMARY: In summary, the Planning Commission and staff recommend approval of ZTA No. 22-002 based on the following: - The proposed provisions are consistent with state law. - It is consistent with the goals and policies of the General Plan. - The proposed ZTA provides clear standards and a ministerial approval process for single- family residential property owners that want to improve their properties and add residential units to the City's housing supply while protecting existing single-family neighborhoods from adverse impacts. City of Huntington Beach Page 3 of 4 Printed on 6/16/2022 power LegistarTPA 645 File #: 22-493 MEETING DATE: 6/21/2022 Environmental Status: ZTA No. 22-002 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n), which state the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit projects is not a project under CEQA. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Findings for Approval - Zoning Text Amendment No. 22-002 2. Ordinance No. 4259 3. May 24, 2022 Planning Commission staff report City of Huntington Beach Page 4 of 4 Printed on 6/16/2022 powerdG45 LegistarT" 646 ATTACHMENT NO. 1 FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 22-002 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment No. 22-002 is exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n), which state that the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit projects is not a project under CEQA. FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 22-002: 1. Zoning Text Amendment No. 22-002 to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 — Objective Standards for SB 9 Development Projects, which establishes development standards and review procedures for projects proposed pursuant to Senate Bill 9(SB 9)is consistent with the general plan goals and policies as follows: ZTA No. 22-002 would add Chapter 237 to the HBZSO and establish development regulations and processing procedures for SB 9 development projects consistent with state law. SB 9 projects would be permitted within the Residential Low (RL) Density designated areas and allow duplexes and/or subdivisions (i.e. —lot splits) in single-family residential neighborhoods. The proposed regulations of ZTA No. 22-002 provide for duplexes and lot splits in accordance with state law, create ministerial review procedures, and establish objective development and design standards that conform to the goals and policies of the General Plan. ZTA No. 22-002 is consistent with the General Plan goals and policies identified below. Land Use Element Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Housing Element Policy 1.1: Preserve the character, scale and quality of established residential neighborhoods. Goal 2: Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. 646 647 Policy 4.3: Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. ZTA No. 22-002 would establish regulations to implement SB 9, a state law that allows for duplexes and lot splits in single-family residential zones. The proposed regulations provide a ministerial process for SB 9 projects in accordance with state law while ensuring objective standards are in place to protect the City's single-family residential neighborhoods from adverse impacts. The proposed ZTA introduces a new residential product type in the RL zoning districts. Consistent with state law, the proposed ZTA could result in development projects with a total of four units where there was previously one unit. As such, objective standards are proposed to ensure site design and architecture is context-sensitive and compatible with the existing single-family residential neighborhood. Because SB 9 units and lots, if a lot split occurs, would generally be smaller than a typical single-family property, SB 9 units may be more affordable to a larger segment of the community. In addition, the proposed ZTA includes an incentive that would allow greater square footage for property owners that voluntarily provide affordable units to low income households. The proposed processing procedures allow for ministerial approval if an applicant complies with the objective standards of the proposed ZTA. The proposed ministerial review procedures and objective standards provide a streamlined process with high level of certainty for property owners seeking to construct SB 9 projects in compliance with the objective standards. 2. Zoning Text Amendment No. 22-002 is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed because it is consistent with recently enacted state laws to allow for duplexes and lot splits in single-family residential zones. ZTA No. 22-002 does not introduce any new land uses beyond those provided for in state law. 3. A community need is demonstrated for the change proposed because the proposed changes are consistent with state law intended to increase the supply of and meet the demand for new housing in the community. 4. Its adoption will be in conformity with public convenience, general welfare, and good zoning practice because the Zoning Text Amendment will establish review and approval regulations for SB 9 projects consistent with state law while ensuring objective standards are in place to protect the City's single-family residential neighborhoods from adverse impacts. 647 648 ORDINANCE NO. 4259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING OBJECTIVE STANDARDS FOR URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, 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, the City Council adopted Urgency Ordinances No 4249 and 4253, interim ordinances that established 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, the interim regulations terminate on March 2, 2023, which is 10 months and 15 days from the expiration of Interim Urgency Ordinance No. 4249, or upon the adoption of a permanent ordinance that regulates SB 9 development projects. WHEREAS, since the passage of the interim regulations, City staff reviewed the diverse land parcels that exist throughout the City, as well as the impact of the interim objective standards. WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-002, which adds Chapter 237, Objective Standards for SB 9 Development Projects, establishing ministerial review procedures and objective development and design standards for SB 9 projects in Residential Low Density (RL) designated areas. The City Council of the City of Huntington 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 Chapter 237 of Title 23 of the Huntington Beach Zoning Code, amended here in its entirety, to read as follows: 648 649 Ordinance No. 4259 "Chapter 237 OBJECTIVE STANDARDS FOR SB 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 (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 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 66411.7. "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 a Single Family Residential Duplex,measured to the outside face of the structural members in exterior walls, and including halls, stairways, 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 a junior 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. 2 22-11353/285531 649 650 Ordinance No. 4259 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 sworn 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. 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 HOA'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: 3 22-11353/285531 650 651 Ordinance No. 4259 1. Non-residential uses on the site shall be prohibited; 2. The short term rental for periods less than 30 days of any units 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 SB 9 requirements and restrictions shall be required; 6. Access to the public right-of-way shall be maintained in perpetuity; 7. All required parking for existing units shall be maintained; and . 8. For projects involving a lot split, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be prohibited. 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. 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 the following: 1. 800 square feet and 1 bedroom for lot sizes of less than 10,000 square feet 2. 1,600 square feet and 2 bedrooms for lot sizes of 10,000 square feet or greater B. 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. For purposes of this Chapter, a detached unit shall be any unit that does not share at least 50 percent of one common wall with another existing unit. 4 22-11353/285531 651 652 Ordinance No. 4259 C. Setbacks. 1. Any units constructed pursuant to the provisions of SB 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 HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front 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-half mile walking distance of a high quality transit corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3, 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 of an 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. 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 22-1 1 3 53/285 53 1 652 653 Ordinance No. 4259 5. Any unit of an SB 9 Development Project shall be constructed with the same architectural style, color, roof pitch and materials as the existing residential dwelling. In addition, and except as provided in this Section, all units shall be designed and sited to have the same 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 or fenced area 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 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 along 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. Applicants that voluntarily provide SB 9 units rented or leased at a maximum rate affordable to low income tenants, shall be eligible for additional square footage up to 1,600 square feet and 2 bedrooms and maximum height of 2 stories per unit. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any affordable unit constructed pursuant to this section. H. Additional Standards Relating to Urban Lot Splits. In addition to the above, Urban Lot Splits shall comply with the following standards: 1. 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 of both lots shall occur concurrently with the Urban Lot Split. 6 22-11353/285531 653 654 Ordinance No. 4259 5. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be prohibited. 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 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,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 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 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." 7 22-11353/285531 654 655 Ordinance No. 4259 SECTION 2. CEQA. 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. 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 enviromnent. SECTION 3.Effective Date.This Ordinance shall become effective 30 days after its adoption. SECTION 4. 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. 8 22-11353/285531 655 656 Ordinance No. 4259 SECTION 5. 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2022. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney �{,(f REVIEWED AND APPROVED: INITIATED AND APPROVED: LIM �(/cF, City Manager Dir for of Community Development 9 22-11353/285531 656 657 2000 Main Street, ` Huntington Beach, CA r; 92648 City of Huntington Beach File #: 22-437 MEETING DATE: 5/24/2022 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Director of Community Development BY: Jennifer Villasenor, Deputy Director of Community Development SUBJECT: ZONING TEXT AMENDMENT NO. 22-002 (SB 9 DEVELOPMENT PROJECTS) REQUEST: To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish permanent objective development and design standards for SB 9 development projects. On March 1, 2022, the City Council adopted an interim urgency ordinance establishing Chapter 237 of the HBZSO to establish development regulations and processing procedures for SB 9 development projects. The City Council extended the interim urgency ordinance on April 5, 2022. LOCATION: Citywide - Residential Low Density (RL) designated properties APPLICANT: City of Huntington Beach PROPERTY OWNER: N/A BUSINESS OWNER: N/A STATEMENT OF ISSUE: Zoning Text Amendment (ZTA) No. 22-002 is a City-initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 - Objective Standards for SB 9 Development Projects, which establishes development standards and review procedures for projects proposed pursuant to Senate Bill 9 (SB 9). SB 9 became effective on January 1, 2022, and requires cities to ministerially approve two unit developments and/or parcel maps to subdivide an existing lot in single-family residential zones. RECOMMENDATION: That the Planning Commission take the following actions: A) Find that Zoning Text Amendment No. 22-002 is exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n), which state City of Huntington Beach Page 1 of 7 Printed on 5/19/2022 powerEWy LegistarT" 658 File #: 22-437 MEETING DATE: 5/24/2022 that the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit projects is not a project under CEQA. B) Recommend approval of Zoning Text Amendment No. 22-002 with findings (Attachment No. 1) by approving the draft City Council ordinance (Attachment No. 2) and forward to the City Council for consideration. ALTERNATIVE ACTION(S): Continue Zoning Text Amendment No. 22-002 and direct staff accordingly. PROJECT PROPOSAL: ZTA No. 22-002 proposes to amend the HBZSO by adding Chapter 237 - Objective Standards for SB 9 Development Projects, establishing development standards and review procedures for projects proposed pursuant to Senate Bill 9. Effective January 1, 2022, SB 9 adds Sections 65852.21 and 66411.7 to the Government Code. Section 65852.21 requires cities to consider a proposed housing development containing no more than two residential units within a single-family residential zone ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. Section 66411.7 requires local agencies to ministerially approve a parcel map for an "urban lot split" meeting certain requirements. Both statutes permit the City to impose objective zoning, subdivision, and design standards on such projects as long as those standards would not have the effect of physically precluding the construction of up to two units on a lot or physically preclude either of the two units from being at least 800 square feet in floor area. Background: SB 9 was signed into law by Governor Newsom on September 16, 2021, and became effective on January 1, 2022. SB 9 was part of the California Senate's 2021 Housing Production Package, a group of housing laws aimed at increasing housing supply throughout the state. On March 1, 2022, the City Council adopted an interim urgency ordinance establishing Chapter 237 of the HBZSO, which provides development regulations and processing procedures for SB 9 development projects. The City Council extended the interim urgency ordinance on April 5, 2022. The proposed ZTA would establish permanent SB 9 regulations. To date, the City received several inquiries and one SB 9 submittal, but the submittal was subsequently withdrawn. ISSUES AND ANALYSIS: Summary of SB 9 To qualify for ministerial approval under SB 9, a two-unit development or urban lot split must satisfy specified criteria. These qualifying criteria include, but are not limited to the following: • The property must be located within a single-family residential zone. • The proposed development cannot be located within a historic district or on property included City of Huntington Beach Page 2 of 7 Printed on 5/19/2022 power-Legistar- 659 File #: 22-437 MEETING DATE: 5/24/2022 on the State Historic Resources Inventory, or within a site designated or listed as a city landmark or historic property pursuant to a city ordinance. • The development site cannot be prime farmland, wetlands, a site identified for conservation or habitat preservation, or a regulatory floodway and the development must meet specified standards if it is located in high or very high fire hazard severity zone, the flood zone, or within an earthquake fault zone. • The proposed development cannot require the demolition or alteration of housing occupied by a tenant within the last three years. • The proposed development cannot require the demolition or alteration of housing subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very-low income. • The proposed development cannot require the demolition or alteration of housing subject to any form of rent or price control. • An owner of the property cannot have removed residential units on the property from the rental market under the Ellis Act within the last 15 years. • If the site has been occupied by a tenant within the last three years, the proposed development cannot allow for the demolition of more than 25% of the existing exterior structural walls (unless allowed by local ordinance). In addition, in the case of an urban lot split: • The parcel map must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40% of the lot area of the original lot; Unless the city otherwise allows, both newly created lots must be no smaller than 1,200 square feet; • The lot proposed to be subdivided must not have been established through a prior urban lot split; • The subject lot cannot be adjacent to any lot established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot; and • Except as otherwise provided in SB 9, the proposed subdivision must comply with all objective requirements of the Subdivision Map Act. In limited circumstances, a city may deny an application for an SB 9 two-unit development or urban lot split where the proposed project would have a specific, adverse impact upon health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. SB 9 also outlines what types of regulations a local jurisdiction can and cannot impose on an SB 9 project: Regulation Permitted Not Permitted City of Huntington Beach Page 3 of 7 Printed on 5/19/2022 power LegistarT" 660 File #: 22-437 MEETING DATE: 5/24/2022 Subdivision - Easements for provision of public - Dedication of right-of-way - Requirements services - Easements to ensure Construction of off-site improvements - subdivided lots have access to the Correction of nonconforming zoning public right-of-way conditions Objective - Objective zoning, subdivision, and - No setback can be required if unit is Standards design standards built within the footprint of existing structure - Otherwise maximum 4' setback from side and rear yards - Standards cannot physically prevent the development of an 800 s.f. unit on each lot Parking - Can require one space per unit - Cannot require parking if site is within '/z mile of a high quality transit corridor or major transit stop or if there is a car share vehicle within a block of the project Rental - Can prohibit short term rental of - No additional owner occupancy Restrictions any units created through SB 9 - For requirements are allowed lot splits, applicants must submit an affidavit that they intend to occupy one of the unit as a principal residence for at least 3 years General Plan Conformance: ZTA No. 22-002 would add Chapter 237 to the HBZSO and establish development regulations and processing procedures for SB 9 development projects consistent with state law. SB 9 projects would be permitted within the Residential Low (RL) Density designated areas and allow duplexes and/or subdivisions (i.e. - lot splits) in single-family residential neighborhoods. The proposed regulations of ZTA No. 22-002 provide for duplexes and lot splits in accordance with state law, create ministerial review procedures, and establish objective development and design standards that conform to the goals and policies of the General Plan. ZTA No. 22-002 is consistent with the General Plan goals and policies identified below. Land Use Element Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Housing Element City of Huntington Beach Page 4 of 7 Printed on 5/19/2022 power Legistar- 661 File #: 22-437 MEETING DATE: 5/24/2022 Policy 1.1: Preserve the character, scale and quality of established residential neighborhoods. Goal 2: Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 4.3: Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. ZTA No. 22-002 would establish regulations to implement SB 9, a state law that allows for duplexes and lot splits in single-family residential zones. The proposed regulations provide a ministerial process for SB 9 projects in accordance with state law while ensuring objective standards are in place to protect the City's single-family residential neighborhoods from adverse impacts. The proposed ZTA introduces a new residential product type in the RL zoning districts. Consistent with state law, the proposed ZTA could result in development projects with a total of four units where there was previously one unit. As such, objective standards are proposed to ensure site design and architecture is context-sensitive and compatible with the existing single-family residential neighborhood. Because SB 9 units and lots, if a lot split occurs, would generally be smaller than a typical single-family property, SB 9 units may be more affordable to a larger segment of the community. In addition, the proposed ZTA includes an incentive that would allow greater square footage for property owners that voluntarily provide affordable units to low income households. The proposed processing procedures allow for ministerial approval if an applicant complies with the objective standards of the proposed ZTA. The proposed ministerial review procedures and objective standards provide a streamlined process with high level of certainty for property owners seeking to construct SB 9 projects in compliance with the objective standards. Zoning Compliance: The proposed amendments to the HBZSO have been developed pursuant to the regulations contained in SB 9 and reflect the minimum objective standards to protect the public health, safety and welfare and ensure SB 9 projects do not have a detrimental impact on single-family neighborhoods within the City. Below is a summary of the proposed SB 9 provisions. Applicability and General Requirements • Permitted in the Residential Low Density (RL) zoning district and specific plans with RL districts • SB 9 project shall comply with all other applicable requirements, including the HBZSO and Municipal Code • Applicant must affirm the SB 9 project meets the eligibility requirements of the state law • Application must include written approval from Homeowners' Association (HOA), if any • Applicant is required to record a covenant on the property with the following provisions: o Non-residential uses and short-term rentals shall be prohibited o Property owner intends to occupy one of the housing units as their principal residence for three years o A subsequent urban lot split on land previously subdivided via an urban lot split shall be prohibited o Parking for any existing units shall be maintained o Access to the public right-of-way shall be maintained in perpetuity City of Huntington Beach Page 5 of 7 Printed on 5/19/2022 powerEOlk legistarTl 662 File #: 22-437 MEETING DATE: 5/24/2022 0 Residential units on a single lot cannot be sold separately 0 For projects with a lot split, accessory dwelling units shall be prohibited Review procedures • Applications for SB 9 projects shall be approved ministerially • During the City's review, if the City identifies a potential issue with respect to adequate water, sewer, traffic flow, or public safety, the City may require the applicant to submit an Administrative Permit application • A SIB 9 project may be denied if the project, based on a preponderance of the evidence, would have a specific, adverse impact with no feasible method to mitigate or avoid the impact • SB 9 projects requiring a coastal development permit (CDP) or tentative parcel map (TPM) shall be required to go through the normal approval process for those applications except no public hearing would be required Obiective Standards • All development standards not specified in the ordinance shall apply the standards of the base zoning district • Maximum size: 800 square feet and one bedroom (lots less than 10,000 square feet); 1,600 square feet and two bedrooms (lots 10,000 square feet or greater) • Maximum height: 16 feet/one story • Side and rear setback: four feet (no encroachments would be permitted) • Parking: one enclosed or partially enclosed space (i.e. - carport) per new unit; no parking is required for new units within one-half mile of a high quality transit corridor or a major transit stop or if there is a car share vehicle within one block of the project • Design: all new units shall have the same architectural style, roof pitch, and color • All new units shall have solar panels • No rooftop decks shall be permitted • Additional Lot Split Standards: minimum lot width: 20 feet; access to public right-of-way must be maintained; flag lots are not permitted for corner lots, through lots, and lots with alley access. Environmental Status: ZTA No. 22-002 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n), which state that the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit projects is not a project under CEQA. Coastal Status: ZTA No. 22-002 will require certification of a Local Coastal Program Amendment by the California Coastal Commission. City of Huntington Beach Page 6 of 7 Printed on 5/19/2022 power LegistarT'" 663 File #: 22-437 MEETING DATE: 5/24/2022 Other Departments Concerns and Requirements: ZTA No. 22-002 was developed with assistance from the City Attorney's Office. Public Notification: Legal notice was published in the Huntington Beach Wave on May 12, 2022 and notices were sent to individuals and organizations requesting notification (Planning Division's Notification Matrix). As of May 17, 2022, no communications regarding the request have been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Not Applicable SUMMARY: Staff is recommending approval of ZTA No. 22-002 for the following reasons: • The proposed provisions are consistent with state law • It is consistent with the goals and policies of the General Plan. • The proposed ZTA provides clear standards and a ministerial approval process for single- family residential property owners that want to improve their properties while maintaining sensitivity to the existing single-family residential neighborhoods. ATTACHMENTS: 1. Suggested Findings for Approval - Zoning Text Amendment No. 22-002 2. Draft City Council Ordinance City of Huntington Beach Page 7 of 7 Printed on 5/19/2022 powers Legistar— Pas: eVIOIZZ NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, June 21, 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 Planning and Zoning items: ZONING TEXT AMENDMENT NO. 22-002 (SB 9 ORDINANCE) Applicant: City of Huntington Beach Request: To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish review procedures and objective development and design standards for Senate Bill 9 (SB 9) development projects. On May 24, 2022, the Planning Commission held a public hearing on ZTA No. 22-002 and recommended approval to the City Council Location: Citywide — Residential Low Density zoned properties City Contact: Jennifer Villasenor NOTICE IS HEREBY GIVEN that this item is exempt from the provisions of the California Environmental Quality Act pursuant to Government Code Sections 65852.210) and 66411.7(n), which state that the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit projects is not a project under CEQA. NOTICE IS HEREBY GIVEN that this item will require a Local Coastal Program Amendment certified by the California Coastal Commission. 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://www.huntingtonbeachca.gov on Thursday, June 16, 2022. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application 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 Development 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 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Wednesday,June 1, 2022 10:45 AM To: Switzer, Donna Cc: Villasenor,Jennifer; Estanislau, Robin; Esparza, Patty; Moore, Tania Subject: Re: Request for Publication - 6.21.21 PH Notice -ZTA 22-002 - Group account# 5190751 Attachments: 11540496.pdf Cost $465.00, pub 6/9 WAVE OC Register Legal Advertising Sales Coordinator 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, Jun 1, 2022 at 7:39 AM Switzer, Donna<Donna.Switzerna surfcity-hb.org>wrote: Good morning, Chrissy: Please publish the attached Public Hearing Notice, in The Wave, on June 9, 2022. This ad needs to be an expanded 1/8 page advertisement, please. Thank you. Sincerely, D0vwuL'Swbt3RX, CMC 1 Senior Deputy City Clerk-City of Huntington Beach 2000 Main Street-Huntington Beach,CA 92648 (714)374-1649 2 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday,June 21,2022,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 Planning and Zoning items: ZONING TEXT AMENDMENT NO. 22-002 (SB 9 ORDINANCE) Applicant: City of Huntington Beach Request: To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish review procedures and obiective development and design standards for Senate Bill 9 (SB 9) development proiects. On May 24, 2022, the Planning Commission held a public hearing on ZTA No.22-002 and recommended approval to the City Council Location: Citywide— Residential Low Density zoned properties City Contact: Jennifer Villasenor NOTICE IS HEREBY GIVEN that this item is exempt from the provisions of the California Environmental Quality Act pursuant to Government Code Sections 65852.21(i) and 66411.7(n), which state that the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit proiects is not a proiect under CEQA. NOTICE IS HEREBY GIVEN that this item will require a Local Coastal Program Amendment certified by the California Coastal Commission. 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:/Iwww.huntinatonbeachca.aov on Thursday,June 16,2022. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application 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 Development 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 2000 Main Street,2nd Floor Huntington Beach,California 92648 714-536-5227 httoo//huntinatonbeachca.aov/H BPubl icComments/ Published Huntington Beach Wave June 9,2022 11540496 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. 0011540496 HUNTINGTON BEACH, CA 92648-2763 FILE NO. 062122 ZTA 22-002 (S139) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, 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: 06/09/2022 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: June 09, 2022. �r�a'�- W'j Signature NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday,June 21,2022,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 fallowing Planning and Zoning items: ZONING ...TEXT, AMENDMENT„_NO _22-79.0 (S,B,__9 ORDINANCE)_, Applicant City of Huntington Beach Reques To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish review procedures and obiective development and design standards for Senate Bill 9 (SB 9) development proiects. On May 24, 2022, the Planning Commission held a public hearing on ZTA No.22-002 and recommended approval to the City Council Location: Citywide - Residential Low Density zoned properties City Contact:,.. Jennifer Villosenor NOTICE IS HEREBY GIVEN that this item is exempt from the provisions of the California Environmental Quality Act pursuant to Government Code Sections 65852.21(i) and 66411.7(n), which state that the adoption of an ordinance by a city or county implementing the Provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit Proiects is not a proiect under CEQA. NOTICE IS HEREBY GIVEN that this item will require a Local Coastal Program Amendment certified by the California Coastal Commission. 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 hftp://www.huntingtonbeachca.gov,on Thursday,June 16,2022. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application 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 Development 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 2000 Main Street,2nd Floor Huntington Beach,California 92648 714-536-5227 h,#P://h,u,,ntingtonbeachco.gov/HBP.ublicCo..m.men.ts/_ Published Huntington Beach Wave June 9,2022 11540496 F:_. 2 • .• Easy •-- - of A 1 2 57 HB Chamber of Commerce Orange County Assoc.of Realtors Kathleen Belohovek President Dave Stefanides 9101 Five Harbors Dr. 16787 Beach Blvd.Unit202 25552 La Paz Road Huntington Beach,CA.92646 Huntington-Beach, CA 92647 Laguna Hills,CA 92653 60 63 5 Paula Leonard Cindy Nguyen Huntington Beach Tomorrow 4951 Hilo Circle 216 Walnut Ave President Huntington Beach,CA 92647 Huntington Beach,CA 92648 PO Box 865 Huntington Beach,CA 92648 6 6 65 Building Industry Assoc.of South Calif. Building Industry Assoc.of South Calif. Homeless United Huntington Beach Michael Balsamo,CEO,OC Chapter Adam S.Wood,Director of-Govt.Affairs Shirley Detloff P.O.Box.-14445 P.O. Box 14445 6812 Laurelhurst Drive Irvine,CA 92623-4445- Irvine,CA 92623-4445 Huntington Beach,CA 92647 d il�l� ii -8 25 ETI:Corral 100 California Coastal Commission Jean Kimbrell,Treasurer South Coast Area Office P.O.Box 2298 S a 1' 301 E.Ocean Blvd-.,Suite 300 - Huntington Beach,CA 92647 Long Beach,CA 90802 26 12 13 Department of Transportation,Dist. 12 Rutan&Tucker,LLP Newland House Museum Scott Shelley,Senior Planner Jeffrey M.Oderman Pres., H.B.Historical Society 1750 E 41h Street Unit100 611 Anton Blvd., 14th Floor 19820 Beach Blvd. Santa Ana,CA 92705 Costa Mesa,CA 92626-1950. Huntington Beach,CA 92648 14 Historic Resources Board Chair Kathie Schey 3612 Rebel Circle Huntington Beach,CA 92649 4�-11_21/22 ZI;4 -?2-10G Z •- avery.ca/gabarits • . . •. Utili5ez le Gabarit Avery 5160 PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on June 8, 2022, 1 served the foregoing documents(s) described as: Notice of Public Hearing Before the City Council of the City of Huntington Beach —Zoning Text Amendment No. 22-002 (SB 9 Ordinance) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: 16 —See label list a. [X] BY MAIL -- I caused such envelopes to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 8, 2022, at Huntington Beach, California. Senior DiWuty C)Dprerk g1followup/appeal/!!proof of service letter!!.doc J� Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION May 25, 2022 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: ZONING TEXT AMENDMENT NO. 22-002 (SB 9 DEVELOPMENT PROJECTS) APPLICANT: City of Huntington Beach REQUEST: To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to establish permanent objective development and design standards for SIB 9 development projects. LOCATION: Citywide - Residential Low Density (RL) designated properties DATE OF ACTION: May 24, 2022 On Tuesday, May 24, 2022, the Huntington Beach Planning Commission took action on your application, and your application was approved with findings for approval by approving the draft City Council Ordinance and forwarded its recommendation to the City Council. The application will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Jennifer Villasenor, the project planner, at (714) 374-1661 or via email at JVillasenor@surfcity-hb.org, or the Community Development Department at (714) 536- 5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission B : n Matt ew chneider, Planning Manager ULR:MS:JV:kdc Phone 714-536-5271 Fax 714-374-1540 www.surfclty-hb.org Notice of Action:ZTA 22-002 May 25,2022 Page 2 Attachments: 1. Findings for Approval —ZTA No. 22-002 c: Honorable Mayor and City Council Chair and Planning Commission Sean Joyce, Interim City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Project File ATTACHMENT NO. 1 FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 22-002 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment No. 22-002 is exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n), which state that the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 65852.21 and 66411.7 and regulating urban lot splits and two unit projects is not a project under CEQA. FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO, 22-002: 1. Zoning Text Amendment No. 22-002 to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 — Objective Standards for SB 9 Development Projects, which establishes development standards and review procedures for projects proposed pursuant to Senate Bill 9 (SB 9) is consistent with the general plan goals and policies as follows: ZTA No. 22-002 would add Chapter 237 to the HBZSO and establish development regulations and processing procedures for SB 9 development projects consistent with state law. SB 9 projects would be permitted within the Residential Low (RL) Density designated areas and allow duplexes and/or subdivisions (i.e. — lot splits) in single-family residential neighborhoods. The proposed regulations of ZTA No. 22-002 provide for duplexes and lot splits in accordance with state law, create ministerial review procedures, and establish objective development and design standards that conform to the goals and policies of the General Plan. ZTA No. 22-002 is consistent with the General Plan goals and policies identified below. Land Use Element Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Housing Element Policy 1.1: Preserve the character, scale and quality of established residential neighborhoods. G:\PC\NOA\22\052422 ZTA 22-002(SB 9 Development Projects) Attachment 1.1 Goal 2: Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 4.3: Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review and environmental clearance. ZTA No. 22-002 would establish regulations to implement SB 9, a state law that allows for duplexes and lot splits in single-family residential zones. The proposed regulations provide a ministerial process for SB 9 projects in accordance with state law while ensuring objective standards are in place to protect the City's single-family residential neighborhoods from adverse impacts. The proposed ZTA introduces a new residential product type in the RL zoning districts. Consistent with state law, the proposed ZTA could result in development projects with a total of four units where there was previously one unit. As such, objective standards are proposed to ensure site design and architecture is context-sensitive and compatible with the existing single-family residential neighborhood. Because SB 9 units and lots, if a lot split occurs, would generally be smaller than a typical single-family property, SB 9 units may be more affordable to a larger segment of the community. In addition, the proposed ZTA includes an incentive that would allow greater square footage for property owners that voluntarily provide affordable units to low income households. The proposed processing procedures allow for ministerial approval if an applicant complies with the objective standards of the proposed ZTA. The proposed ministerial review procedures and objective standards provide a streamlined process with high level of certainty for property owners seeking to construct SB 9 projects in compliance with the objective standards. 2. Zoning Text Amendment No. 22-002 is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed because it is consistent with recently enacted state laws to allow for duplexes and lot splits in single-family residential zones. ZTA No. 22-002 does not introduce any new land uses beyond those provided for in state law. 3. A community need is demonstrated for the change proposed because the proposed changes are consistent with state law intended to increase the supply of and meet the demand for new housing in the community. 4. Its adoption will be in conformity with public convenience, general welfare, and good zoning practice because the Zoning Text Amendment will establish review and approval regulations for SB 9 projects consistent with state law while ensuring objective standards are in place to protect the City's single-family residential neighborhoods from adverse impacts. G:\PC\NOA\22\052422 ZTA 22-002(SB 9 Development Projects) Attachment 1.1 1 vNT I N GTp \NppRP0R4TFO ZTA No . 22 -002 SB 9 Development Projects City Council Meeting June 21 , 2022 UNT`I Request • ZTA No. 22-002 • Amend HBZSO by adding Chapter 237—Objective Standards for SB 9 Development Projects • Establishes development standards and review procedures for projects proposed pursuant to Senate Bill 9 (SB 9) • Planning Commission Action • Public hearing on May 24, 2022 • Recommended approval to the City Council 4G SB 9 The Californi �02 -- H.O.M.E. Act as Alkiaal I' ,Y i 1 SIB 9 qualifying criteria • Property must be located in a single- • Proposed development cannot demolish family residential zone (RL) or alter: • Property cannot be a historic site or in a • Deed restricted affordable housing historic district • Housing subject to rent control • Property must be within an urbanized • Housing removed from the rental area as designated by the U.S. Census market pursuant to the Ellis Act • Property cannot be located on: within the last 15 years • Farmland • Housing occupied by a tenant in the last 3 years (must maintain at least • Wetlands 75%of the existing exterior walls) • Hazardous waste site • Conservation or habitat preservation area • Regulatory floodway o Urban lot split criteria • Two new lots of approx. equal size 0. 1 • Min. lot size: 1,200 square feet • No prior or 0% 1 60% subsequent urban lot split • Same owner (or •�. person acting "in ' concert" with owner) cannot split adjacent lots 4��nnnGe e` y 1 SB 9 regulations • SB 9 law allows cities to adopt certain regulations for SB 9 developments: • Easements for provision of public services and access to right-of-way • Objective zoning, subdivision,and design standards • Parking requirement of one space per unit • Prohibition of short term rentals • Affidavit that the owner intends to occupy one of the units for at least 3 years • Denial of SB 9 project must be based on specific, adverse health and safety impact with no feasible mitigation 4 N��TMG70� f O �d B¢� Interim Urgency Ordinance • March 1, 2022: City Council adopted urgency ordinance to establish interim standards • April S, 2022: City Council extended the urgency ordinance • Proposed ordinance generally maintains same provisions w/ following changes: • Increased maximum square footage for larger lots • Clarifies ADUs are prohibited in SB 9 projects proposing a lot split • Provision of affordable units is voluntary i7,GI0 Increased square footage incentive ° ` 'pn • Design standards revised to be objective E°GUNI'!Cat 1 Objective standards • Max size: 800 s.f./one bedroom or • Design: architecture, roof pitch, 1,600 s.f./two bedrooms depending color same as existing dwelling on lot size • Solar panels required • Required parking: One space • STRs not allowed (garage or carport) • Development must occur with • Max height: 16 feet (if detached concurrent lot split from existing dwelling) • All other standards of base zoning district and parcel map • Side and rear setback: 4 feet requirements apply Must allow exceptions if NpOPJG,� standard would preclude two 800 s.f. units on a lot `w0iN7V G°� Review procedures • Ministerial "by right" process • Lot split: • Subdivision application & process required • No public hearing required • Coastal Zone: • Coastal development permit application & process required • Notification requirements of HBZSO Chapter 245 apply • No public hearing required s vyea CpUN� 000a'''"J" 1 Local ordinance objective standards Existing Regulations 4 up t. 3 units Residence1 Single Family SIDE SINGLE JADUJ SIDE FAMILY RESIDENCE 2C�¢ Q Local ordinance objective standards SIDE SB 9 without ordinance &objective standards LOT SPLIT DUPLE%UNIT ® DUPLE%UNIT ® 4 Up to 8 units DUPLE%UNR DUPLEX UNIT ME SB 9 with ordinance& objective standards Up to 4 units DUPLEX DUPLEX DUPLEX DUPLEX UNIT UNR UNIT UNIT 1 Recommendation • Approve ZTA No. 22-002 and forward to the City Council for adoption based on: • Complies with state law • Consistency with General Plan goals and policies • Provides clear standards, streamlined review and certainty in the approval process while avoiding impacts to existing neighborhoods '0 04' T 1(.,Q�C 4r•'CFO Ppgw gyp` I Questions? �r r