HomeMy WebLinkAboutBuilder's Remedy Ordinance No. 4285 (5) 2000 Main Street,
Huntington Beach,CA
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File #: 23-226 MEETING DATE: 3/7/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
Subject:
Builder's Remedy Ordinance No. 4285
Statement of Issue:
At the December 20, 2022, City Council Meeting, the City Council provided direction to the City
Attorney's Office to prepare an ordinance prohibiting Builder's Remedy applications.
Financial Impact:
N/A
Recommended Action:
A) Find that the Zoning Text Amendment (ZTA) No. 23-001 is exempt from the California
Environmental Quality Act, pursuant to Section 15061(b), the general rule that CEQA only applies to
projects which have the potential for a significant effect on the environment; and,
B) Approve Zoning Text Amendment No. 23-001 with findings by approving Ordinance No. 4285.
Alternative Action(s):
A) Do not find that the Zoning Text Amendment (ZTA) No. 23-001 is exempt from the California
Environmental Quality Act, pursuant to Section 15061(b), the general rule that CEQA only applies to
projects which have the potential for a significant effect on the environment;
B) Do not approve Zoning Text Amendment No. 23-001.
Analysis:
Health and Safety, and protecting the environment, is of paramount concern to the City of Huntington
Beach. The concept of a "Builder's Remedy" is derived from the Housing Accountability Act (HAA)
(Government Code Section 65589.5). Builder's Remedy provides that certain high density, affordable
housing development projects cannot be denied by a City unless the City makes written findings.
More specifically, Builder's Remedy in the HAA allows a developer to build a project without any City
oversight or approval, thereby completely sidestepping City zoning, if the City is deemed by the State
to be out of compliance with other State housing laws.
City of Huntington Beach Page 1 of 2 Printed on 3/2/2023
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File #: 23-226 MEETING DATE: 3/7/2023
The City of Huntington Beach (like most cities in the U.S.) uses zoning as the legal mechanism to
control development on land within their jurisdiction, primarily by designating land for certain uses or
categories of uses (zones). As such, this "self-help" opportunity of Builder's Remedy violates a body
of the City's decade old zoning code. The City's Euclidean zoning accelerated in the1920s and
1930s after the United States Supreme Court affirmed municipalities' constitutional authority to
regulate property through zoning ordinances in the landmark case of Village of Euclid v. Ambler
Realty Co. "Euclidean zoning" allows cities to define parcels based on distinct residential or
industrial/commercial use. Euclidean zoning began as a way to mitigate negative effects of industrial
and urban development (light and air pollution) on residences by separating those uses and another
tool or alternative to nuisance tort law.
Builder's Remedy under the HAA however allows a developer to sidestep all of this wisdom and place
a project in any zoning district in the City, which would recreate and perpetuate the nuisance
problems zoning was set up to prevent. And, once a project is built, the nuisance problems and
inconsistencies with surrounding properties would be permanent. Under Builder's Remedy, housing
projects could be could be built near environmentally sensitive areas (pitting CEQA against the HAA)
or next to industrial sites where residents will be subject to diminished air, light and sound quality
because of being next to large industrial complexes. Allowing developers to bypass the City's
discretion and process to request a rezone of a parcel, and allow the developer instead the unilateral
control over where he or she can develop a housing project will eviscerate zoning in the City and
allow housing to be built in areas that would compromise the health, and safety of the residents or
compromise the environment.
While the HAA contains no exemptions from the California Environmental Quality Act, (the HAA
states specifically that nothing relieves the local agency from making the required CEQA findings and
otherwise complying with CEQA); the HAA would force the City to make CEQA findings for approval
or face the consequences of failing to comply with the HAA; thus, pitting the two State laws against
each other.
Environmental Status:
This item is exempt from California Environmental Quality Act (CEQA), pursuant to Section 15061(b),
the general rule that CEQA only applies to projects which have the potential for a significant effect on
the environment. While this amendment will clarify existing zoning regulations, it does not authorize
any development that will result in direct physical changes to the environment.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Ordinance No. 4285 w/Legislative Draft
2. Planning Commission Agenda Packet
City of Huntington Beach Page 2 of 2 Printed on 3/2/2023
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ORDINANCE NO. 4285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 202.04 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE PROHIBITING BUILDERS REMEDY APPLICATIONS
(ZONING TEXT AMENDMENT NO. 23-001)
WHEREAS, Zoning Text Amendment No. 23-001 will amend Chapter 202 of the
Huntington Beach Zoning and Subdivision Ordinance,relating to Organization, Applicability, and
Interpretation; and
The Huntington Beach Planning Commission and Huntington Beach City Council have
held separate, duly noticed public hearings to consider Zoning Text Amendment No. 23-001; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 202.04 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
202.04 (o) Builder's Remedy Ban. The City expressly prohibits the processing or
approval of any application for a housing development project or any project not in conformance
with the zoning and General Plan land use designation, including all applicable City laws, zoning
and land use regulations, and other environmental laws, such as CEQA,regardless of the so-called
"Builder's Remedy" (under the Housing Accountability Act or any other State law), that portend
to allow developers of affordable housing projects to bypass the zoning code and general plan of
cities that are out of compliance with the Housing Element Law.
This express prohibition requires that all project applicants conform to the applicable
zoning and General Plan land use designations regardless of the City's status and regard to Housing
Element Law.
SECTION 3. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2023.
22-11143/278340
ORDINANCE NO. 4285
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ' y Attorney '/
ATTEST: APPROVED AS TO FORM:
City Manager Director of Community Development
2
LEGISLATIVE DRAFT
HBZC CHAPTER 202.04
Chapter 2.111
202.04 General Rules of Applicability of the Zoning and Subdivision Ordinance
A. Applicability to Property. The Zoning and Subdivision Ordinance shall apply to all
land within the City of Huntington Beach. The Local Coastal Program implementation
Plan shall apply to all land within the City of Huntington Beach coastal zone.
B. Applicability to Streets and Rights-of-Way. Public streets, utility, and other
rights-of-way shall be in the same zoning district as contiguous property. Where
contiguous properties are classified in different zoning districts, the centerline of the
street or right-of-way shall be the district boundary, unless otherwise depicted on the
zoning map.
C. Who Qualifies as an Applicant. Only a qualified applicant (including an agent of
the applicant with written authorization from the owner) may file an application for
approval on a specific site. A qualified applicant is a person who has a freehold interest
in the land which is the subject of the application. The Director shall require an applicant
to submit proof of the interest. The Director shall require an agent to submit evidence of
authority to act for the applicant. Any person or agency may file for a zoning text
amendment.
D. Compliance with Ordinances. No land shall be used, and no structure shall be
constructed, occupied, enlarged, altered, demolished or moved in any zoning district
except in accord with the provisions of Titles 20 through 25. Further, no lot area shall be
so reduced or diminished that the yards or other open space shall be smaller than
prescribed by these titles nor shall the density be increased in any manner except in
conformity with the provisions established herein.
E. Public Nuisance. Neither the provisions of Titles 20 through 25 nor the approval
of any permit authorized by these titles shall authorize the maintenance of any public
nuisance.
F. Compliance with Public Notice Requirements. Compliance with public notice
requirements prescribed by Titles 20 through 25 shall be deemed sufficient notice to
allow the City to proceed with a public hearing and take action on an application,
regardless of actual receipt of mailed or delivered notice.
G. Requests for Notice. Where Titles 20 through 25 require that notice be given by
first class mail to "any person who has filed a written request for such notice,"the
request shall be filed with the Director and shall be subject to the applicable fees set to
cover mailing costs.
766
H. Notice to Surrounding Property Owners. Notice shall be mailed to all owners of
real property as shown on the latest equalized assessment roll within 300 feet of the
property that is the subject of the hearing, as required by state law. Applicants may
submit and the Director may use records of the County Assessor or Tax Collector which
contain more recent information than the assessment roll.
I. Conflict with Other Ordinances. Where conflict occurs between the provisions of
Titles 20 through 25 and any other City code, title, chapter, resolution, guideline, or
regulation, the more restrictive provision shall control unless otherwise specified in
these titles.
J. Relation to Private Agreements. It is not intended by applicable provisions of
Titles 20 through 25 to interfere with or abrogate or annul any easements, covenants, or
other existing agreements between parties or to repeal any ordinance or other section
of the Huntington Beach Municipal Code except as set forth in subsection 202.04(I),
above.
K. Annexations/Pre-Zoning. Unincorporated territory adjacent to the City may be
pre-zoned for the purpose of determining the zone district which will apply in the event
of annexation to the City. The procedure for pre-zoning property shall be the same as
that for zone changes within the City. Such zoning shall become effective at the time the
annexation becomes effective. Any property which, after annexation or for any other
reason, does not have a designation on the zoning map shall be deemed to be zoned
RL, low-density residential. Inclusion of an annexed area within the coastal zone into
the certified Local Coastal Program shall require approval of a Local Coastal Program
amendment by the Coastal Commission.
L. Application During Local Emergency. The City Council may authorize deviations
from any provision of this title during a local emergency. Such deviations may be
authorized by resolution of the City Council.
M. Issuance of Permits or Entitlements Prohibited. No permit or entitlement shall
be issued by any department of the City in any case where a permit or entitlement is
required to be granted and for which an appeal period is provided by this zoning and
subdivision ordinance until the expiration of such appeal period or the final
determination of any appeal filed pursuant to this ordinance.
N. Certificate of Occupancy and Final Building Inspection Withheld. No
certificate of occupancy shall be issued or final building inspection shall be made until
terms and conditions attached to a permit or entitlement required by this zoning and
subdivision ordinance are met.
O. Builder's Remedy Ban. The City expressly prohibits the processing or approval of
any application for a housing development project or any project not in conformance with
the zoning and General Plan land use designation, including all applicable City laws.
zoning and land use regulations, and other environmental laws, such as CEQA,
•
767
of the so-called "Builder's Remedy" (under the Housing Accountability Act or any other
State law), that portend to allow developers of affordable housi g projects to bypass the
zoning code and general plan of cities that are out of compliance with the Housing
Element Law.
This express prohibition requires that all project applicants conform to the applicable
zoning and General Plan land use designations regardless of the City's status and
regard to Housing Element Law.
768
° I n CITY OF HUNTINGTON BEACH
PLANNING COMMISSION COMMUNICATION
TO: Planning Commission
FROM: Michael Gates, City Attorney
DATE: February 7, 2023
SUBJECT: ZONING TEXT AMENDMENT (ZTA) NO. 2023-001 (Prohibition on
"Builders Remedy" Applications)
At the December 20, 2022, City Council Meeting, the City Council provided direction to
the City Attorney's office to prepare an ordinance prohibiting Builder's Remedy
applications (see attachment A). This memorandum and draft ordinance were prepared
in response to the Council's direction.
Background:
Health and Safety, and protecting the environment, is of paramount concern to the City
of Huntington Beach. The concept of a "Builder's Remedy" is derived from the Housing
Accountability Act (HAA) (Government Code Section 65589.5). Builder's Remedy
provides that certain high density, affordable housing development projects cannot be
denied by a City unless the City makes written findings. More specifically, Builder's
Remedy in the HAA allows a developer to build a project without any City oversight or
approval if the City is deemed by the State to be out of compliance with other State
housing laws.
The City of Huntington Beach (like most cities in the U.S.) uses zoning as the legal
mechanism to control development on land within their jurisdiction, primarily by
designating land for certain uses or categories of uses (zones). This practice took off in
1920s and 30s after the United States Supreme Court affirmed municipalities'
constitutional authority to regulate property through zoning ordinances in the landmark
case of Village of Euclid v. Ambler Realty Co ."Euclidean zoning," allows cities to define
parcels based on distinct residential or industrial/commercial use. Euclidean zoning
began as a way to mitigate negative effects of industrial and urban development (light
and air pollution) on residences by separating those uses and another tool or alternative
to nuisance tort law.
Builders Remedy under the HAA however allows a developer to place a project in any
zoning district in the City, which would recreate and perpetuate the nuisance problems
zoning was set up to prevent. And, once a project is built, the nuisance problems and
inconsistencies with surrounding properties would be permanent. Under Builder's
Remedy, housing projects could be could be built near environmentally sensitive areas
(pitting CEQA against the HAA) or next to industrial sites where residents will be subject
to diminished air, light and sound quality because of being next to large industrial
complexes. Allowing developers to bypass the City's discretion and process to request
a rezone of a parcel, and allow the developer instead the unilateral control over where
he or she can develop a housing project will eviscerate zoning in the City and allow
housing to be built in areas that would compromise the health, and safety of the
residents or compromise the environment.
While the HAA contains no exemptions from the California Environmental Quality Act,
(the HAA states specifically that nothing relieves the local agency from making the
required CEQA findings and otherwise complying with CEQA); the HAA would force the
City to make CEQA findings for approval or face the consequences of failing to comply
with the HAA; thus, pitting the two State laws against each other.
California Environmental Quality Act:
This item is exempt from California Environmental Quality Act (CEQA), pursuant to
Section 15061(b), the general rule that CEQA only applies to projects which have the
potential for a significant effect on the environment. While this amendment will clarify
existing zoning regulations, it does not authorize any development that will result in
direct physical changes to the environment.
Recommendation:
That the Planning Commission take the following actions:
A) Find that Zoning Text Amendment (ZTA) No. 23-001 is exempt from California
Environmental Quality Act, pursuant to Section 15061(b), the general rule that CEQA
only applies to projects which have the potential for a significant effect on the
environment
B) Recommend approval of Zoning Text Amendment No. 23-001 with findings
(Attachment B) by approving the draft City Council Ordinance and forward to the City
Council for consideration.
Attachments:
A— City Council Staff Report, Dec. 20, 2022 (H item Councilmember McKeon)
B — Draft City Council Ordinance
ri
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: CASEY MCKEON, CITY COUNCILMEMBER
DATE: DECEMBER 20, 2022
SUBJECT: OPPOSE RHNA MANDATE AND ADOPT AN ORDINANCE TO BAN BUILDER'S
REMEDY DEVELOPMENTS
Since 2018, the State has passed a flurry of housing laws that not only seek to commandeer the
City's local ability (local control and discretion) to zone its territory, but the State also imposes a
host of heavy burdens, unfunded State mandates, and zoning mandates. This includes the 2021
Regional Housing Needs Assessment (RHNA) mandate for Huntington Beach to zone 13,368 units
via the 6th Cycle Housing Element Update. Many have expressed that the "fix"to fight these State
mandates is in Sacramento, i.e., to fix State laws by the Legislature. While this is not untrue, the
fight for local control can still, also be had in the courts.
For perspective, if the City were to honor this 13,368 RHNA by zoning for, and eventually
building for that quota at a 20% affordable threshold, then that would mean that approximately
30,000 new total units of high density housing would be built. This would increase the City's
current housing inventory by approximately 36 percent. These mandates, and the State's
intrusion and commandeering are reckless and unsustainable - both for the City's residents'
livability and the tax and strain on its infrastructure that is all designed and maintained for its
current housing levels.
The 13,368 RHNA is really no mandate at all. It is flawed. While the State claims that its housing
laws have preemptive effect, even over Charter cities, no preemptive effect can be upheld by
laws that are demonstrably flawed and unsupported by evidence, supported by a rational basis.
Earlier this year the California State Auditor released a scathing report that the "The Department
of Housing and Community Development Must Improve Its Processes to Ensure That
Communities Can Adequately Plan for Housing". This scathing report indicates that HCD's
methodology is flawed. This is precisely what the City Attorney had argued to City Council in
2020,that when SCAG/HCD made its RHNA determination for Huntington Beach of 13,368 units,
the State agencies violated their own State laws in their methodology and their application to
Huntington Beach. Huntington Beach is a Charter City and according to the California
Constitution, local zoning has historically been a "municipal affair" subject to Home Rule Charter
City authority. While that local right has eroded over the years with additional invasive State
legislation and unfavorable court rulings, the California Constitution remains and Huntington
Beach's Charter City status must be defended and asserted.
RECOMMENDED ACTION
Authorize the City Attorney to:
1. Challenge the State's RHNA mandate for Huntington Beach, including its validity and any laws
in support of such a mandate over the City as a Charter City, by taking whatever legal action
is required; and
2. Return to City Council at the City Attorney's earliest convenience with an ordinance banning
"Builder's Remedy" developments from taking place in Huntington Beach. Development
without proper approvals is already not legal in the City, but this Ordinance is essential to
make it clear to the entire community that Huntington Beach will fight any developer that
seeks to develop pursuant to "Builder's Remedy" laws.
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Legislation Details (With Text)
File#: 22-1096 Version: 1
Type: Councilmember Items Status: Agenda Ready
File created: 12/12/2022 In control: City Council/Public Financing Authority
On agenda: 12/20/2022 Final action:
Title: Submitted by Councilmember McKeon - Oppose RHNA Mandate and Adopt an Ordinance to Ban
Builder's Remedy Developments
Attachments: 1. 2022-12-20- McKeon -Challenge RHNA- Ban Builders Remedy v1, 2. 12/16 Sup Com - State
Auditor Fact Sheet, 3. 12/16 Sup Corn- RHNA State Auditor Report 2021-125, 4. 12/20 Sup Corn -
YIMBY Law Letter, 5. 12/20 Sup Corn
Date Ver. Action By Action Result
12/20/2022 1 City Council/Public Financing approved Pass
Authority
Subject:
Submitted by Councilmember McKeon - Oppose RHNA Mandate and Adopt an Ordinance to
Ban Builder's Remedy Developments
Recommended Action:
Authorize the City Attorney to:
1. Challenge the States RHNA mandate for Huntington Beach, including its validity and any laws in
support of such a mandate over the City as a Charter City, by taking whatever legal action is
required; and
2. Return to City Council at the City Attorney's earliest convenience with an ordinance banning
"Builder's Remedy" developments from taking place in Huntington Beach. Development without
proper approvals is already not legal in the City, but this Ordinance is essential to make it clear to the
entire community that Huntington Beach will fight any developer that seeks to develop pursuant to
"Builder's Remedy" laws.
City of Huntington Beach Page 1 of 1 Printed on 2/7/2023
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 202.04 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE PROHIBITING TO BUILDERS REMEDY APPLICATIONS
(ZONING TEXT AMENDMENT NO. 23-001)
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan;
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 202.04 of the Huntington Beach Zoning and Subdivision Ordinance
is hereby amended to read as follows:
202.04 (p) The City expressly prohibits the processing or approval of any application for
a housing development project or a any project not in conformance with the zoning and General
Plan land use designation, including all applicable City laws,zoning and land use regulations, and
other environmental laws, such as CEQA, regardless of the so-called "Builder's Remedy" (under
the Housing Accountability Act or any other State law), that portend to allow developers of
affordable housing projects to bypass the zoning code and general plan of cities that are out of
compliance with the Housing Element Law.
This express prohibition requires that all project applicants conform to the applicable zoning and
General Plan land use designations regardless of the City's status with regard to Housing Element
Law.
SECTION 3. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2023.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
APPROVED AS TO FORM:
City Manager Director of Community Development
22-11143/278340
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NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday, March 7, 2023, 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(ZTA) NO. 2023-001 (Prohibition on "Builders Remedy"
Applications) Applicant: City of Huntington Beach Request: To amend Section 202.04
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add subsection
(p) an express prohibition on the processing/approval of any project not in conformance
with all City laws, including zoning and land use regulations. California's Housing
Accountability Act (HAA) has provided a so-called "builder's remedy" that allows
developers of affordable housing projects to bypass the zoning code and general plan of
cities that are out of compliance with the Housing Element Law. This express prohibition
requires all project applicants follow all City laws regardless of the City's status with regard
to Housing Element Law. On February 14, 2023, the Planning Commission held a public
hearing on ZTA No. 23-001 and recommended approval to the City Council. Location:
Citywide
NOTICE IS HEREBY GIVEN that this item is exempt from California Environmental
Quality Act (CEQA), pursuant to Section 15061(b), the general rule that CEQA only
applies to projects which have the potential for a significant effect on the environment.
While this amendment will clarify existing zoning regulations, it does not authorize any
development that will result in direct physical changes to the environment.
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.huntincitonbeachca.gov on Thursday, March 2, 2023.
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/
Moore, Tania
From: Christine Gonzalez <cgonzales@scng.com>
Sent: Wednesday, February 15, 2023 3:27 PM
To: Moore, Tania
Cc: Switzer, Donna; Esparza, Patty; Estanislau, Robin; Villasenor,Jennifer
Subject: Re: FW: legal for 3/7/23 CC meeting
Attachments: 11586970.pdf
Cost $471.20, pub 2/23 HB Wave
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St Suite 225
Irvine, CA, 92614
714-796-6736
M-F 8:00 a.m. -4:30p.m.
Lunch 12 Noon to 1:00 p.m.
Closed Sat. and Sun
On Wed, Feb 15, 2023 at 3:19 PM Moore, Tania<Tania.Moore@surfcity-hb.org>wrote:
My apologies!This will go under ours,which is 5190751.
Thank you so much for asking!
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.moore( surfcity-hb.orq
1
From: Christine Gonzalez<cgonzales@scng.com>
Sent: Wednesday, February 15, 2023 3:17 PM
To: Moore,Tania<Tania.Moore@surfcity-hb.org>
Cc:Switzer, Donna <Donna.Switzer@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>; Estanislau, Robin
<Robin.Estanislau( surfcity-hb.org>;Villasenor,Jennifer<JVillasenor@surfcity-hb.org>
Subject: Re: FW: legal for 3/7/23 CC meeting
Which account number does this go under?
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St, Suite 225
Irvine, CA, 92614
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, Feb 15, 2023 at 3:08 PM Moore, Tania<Tania.Moore@surfcity-hb.org>wrote:
Hi Chrissy,
Per the instructions below please publish the attached in The Wave one time on 2/23 on a 1/8 page ad.
2
Thank you,
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.moore( surfcity-hb.org
From: Esparza, Patty <PEsparza@surfcity-hb.org>
Sent: Wednesday, February 15, 2023 2:59 PM
To: Moore, Tania<Tania.Moore@surfcity-hb.org>; Switzer, Donna<Donna.Switzer@surfcity-hb.org>
Cc: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>
Subject: FW: legal for 3/7/23 CC meeting
Can one of you get this ad published per instructions below?
Thanks,
Patty Esyarza, CMC
Assistant City Clerk
City of Huntington Beach
(714) 536-5260
From: Villasenor, Jennifer<JVillasenor@surfcity-hb.org>
Sent: Wednesday, February 15, 2023 2:54 PM
To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; Esparza, Patty <PEsparza@surfcity-hb.org>
3
Cc: De Coite, Kim <KDeCoite@surfcity-hb.org>; Schneider, Matthew<Matthew.Schneider@surfcity-
hb.org>; Vigliotta, Mike <MVigliottaasurfcity-hb.org>
Subject: legal for 3/7/23 CC meeting
Robin and Patty,
Attached is a legal for the 3/7/23 CC meeting for publishing on 2/23. For this legal, please request a 1/8 page
ad. Thank you.
City of Huntington Beach
(714) 374-1661
jvillasenorasurfcity-hb.org
The City of Huntington Beach's new electronic permit processing system HB ACA (Accela
Citizen Access) is now open for submittals! Please read all instructions for setting up an
account and submitting applications online through HB ACA before submitting a new
application. If you have any questions on the submittal process after reading the instructions
link below, please contact us at permitcenter(a_surfcity-hb.orq.
HB ACA Help Center— Instructions to read before you apply online:
https://huntingtonbeachca.gov/help-center/
HB ACA— Apply Online Here:
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4
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday, March 7, 2023, 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:
ONI Cj TEX _AApE Dly1Eyr (ZTA) NO. 2023-001 (Prohibjtion op "Builders
-•• • • •• Aoolicant: City of Huntington Beach Bpsuilast To amend
Section 202.04 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add
subsection (p) an express prohibition on the processing/approval of any proiect not in
conformance with all City laws, including zoning and land use regulations. California's
Housing Accountability Act (HAA) has provided a so-called"builder's remedy"that allows
developers of affordable housing projects to bypass the zoning code and general plan of
cities that are out of compliance with the Housing Element Law. This express prohibition
requires all project applicants follow all City laws regardless of the City's status with
regard to Housing Element Law. On February 14, 2023, the Planning Commission held a
public hearing on ZTA No.23-001 and recommended approval to the City Council. Location:
Citywide
NOTICE IS HEREBY GIVEN that this item is exempt from California Environmental
Quality Act(CEQA),pursuant to Section 15061(b),the general rule that CEQA only applies
to proiects which have the potential for a significant effect on the environment.While this
amendment will clarify existing zoning regulations, it does not authorize any development
that will result in direct physical changes to the environment.
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 stgpff report will be available to interested parties at the City Clerk's
Office or online athtto://www.huntingtonbeachca.gov on Thursday,March 2,2023.
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/
Published Huntington Beach Wave February 23,2023
Moore, Tania
From: Christine Gonzalez <cgonzales@scng.com>
Sent: Monday, February 27, 2023 11:11 AM
To: Moore,Tania
Cc: Switzer, Donna; Esparza, Patty; Estanislau, Robin;Villasenor, Jennifer
Subject: Re: FW: legal for 3/7/23 CC meeting
Attachments: 11586970.pdf
affidavit
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St, Suite 225
Irvine, CA, 92614
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, Feb 15, 2023 at 3:44 PM Christine Gonzalez<cgonzales@scng.com>wrote:
0
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St, Suite 225
Irvine, CA, 92614
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
i
On Wed, Feb 15, 2023 at 3:32 PM Moore, Tania<Tania.Moore@surfcity-hb.org> wrote:
Thank you so much!
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.moore(c surfcity-hb.org
From:Christine Gonzalez<cgonzales@scng.com>
Sent:Wednesday, February 15, 2023 3:27 PM
To: Moore,Tania<Tania.Moore@surfcity-hb.org>
Cc:Switzer, Donna <Donna.Switzer@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>; Estanislau, Robin
<Robin.Estanislau(«surfcity-hb.org>;Villasenor,Jennifer<JVillasenor@surfcity-hb.org>
Subject: Re: FW: legal for 3/7/23 CC meeting
Cost $471.20, pub 2/23 HB Wave
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St. Suite 225
Irvine, CA, 92614
714-796-6736
2
Moore, Tania
From: Christine Gonzalez <cgonzales@scng.com>
Sent: Monday, February 27, 2023 11:11 AM
To: Moore, Tania
Cc: Switzer, Donna; Esparza, Patty; Estanislau, Robin;Villasenor, Jennifer
Subject: Re: FW: legal for 3/7/23 CC meeting
Attachments: 11586970.pdf
affidavit
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St Suite 225
Irvine, CA, 92614
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, Feb 15, 2023 at 3:44 PM Christine Gonzalez <cgonzales@scng.com>wrote:
0
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St, Suite 225
Irvine, CA, 92614
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
i
On Wed, Feb 15, 2023 at 3:32 PM Moore, Tania<Tania.Moore@surfcity-hb.org>wrote:
Thank you so much!
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.mooresurfcity-hb.orq
From: Christine Gonzalez<cgonzales( scng.com>
Sent: Wednesday, February 15, 2023 3:27 PM
To: Moore,Tania<Tania.Moore@surfcity-hb.org>
Cc:Switzer, Donna <Donna.Switzer@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>; Estanislau, Robin
<Robin.Estanislau@surfcity-hb.org>;Villasenor,Jennifer<JVillasenor@surfcity-hb.org>
Subject: Re: FW: legal for 3/7/23 CC meeting
Cost $471.20, pub 2/23 HB Wave
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St, Suite 225
Irvine, CA, 92614
714-796-6736
2
M-F 8:00 a.m. -4:30p.m.
Lunch 12 Noon to 1:00 p.m.
Closed Sat. and Sun
On Wed, Feb 15, 2023 at 3:19 PM Moore, Tania<Tania.Moore@surfcity-hb.org>wrote:
My apologies!This will go under ours,which is 5190751.
Thank you so much for asking!
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.moore( surfcity-hb.orq
From:Christine Gonzalez<cgonzales@scng.com>
Sent:Wednesday, February 15, 2023 3:17 PM
To: Moore,Tania <Tania.Moore@surfcity-hb.org>
Cc:Switzer, Donna<Donna.Switzer@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>; Estanislau, Robin
<Robin.Estanislau@surfcity-hb.org>;Villasenor,Jennifer<JVillasenor@surfcity-hb.org>
Subject: Re: FW: legal for 3/7/23 CC meeting
Which account number does this go under?
3
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St, Suite 225
Irvine, CA, 92614
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, Feb 15, 2023 at 3:08 PM Moore, Tania<Tania.Moore(a surfcity-hb.org>wrote:
Hi Chrissy,
Per the instructions below please publish the attached in The Wave one time on 2/23 on a 1/8 page ad.
Thank you,
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.mooresurfcity-hb.orq
4
M-F 8:00 a.m. -4:30 p.m.
Lunch 12 Noon to 1:00 p.m.
Closed Sat. and Sun
On Wed, Feb 15, 2023 at 3:19 PM Moore, Tania<Tania.Moore@surfcity-hb.org>wrote:
My apologies!This will go under ours,which is 5190751.
Thank you so much for asking!
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.moore(a,surfcity-hb.ord
From:Christine Gonzalez<cgonzales@scng.com>
Sent:Wednesday, February 15,2023 3:17 PM
To: Moore,Tania <Tania.Moore@surfcity-hb.org>
Cc:Switzer, Donna<Donna.SwitzerPsurfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>; Estanislau, Robin
<Robin.Estanislau@surfcity-hb.org>;Villasenor,Jennifer<JVillasenorPsurfcitv-hb.org>
Subject: Re: FW: legal for 3/7/23 CC meeting
Which account number does this go under?
3
OC Register Legal Advertising
Sales Coordinator
Chrissy Gonzalez
1920 Main St, Suite 225
Irvine, CA, 92614
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, Feb 15, 2023 at 3:08 PM Moore, Tania<Tania.Moore(c,surfcity-hb.org>wrote:
Hi Chrissy,
Per the instructions below please publish the attached in The Wave one time on 2/23 on a 1/8 page ad.
Thank you,
Tania Moore, CMC
Senior Deputy City Clerk
City Clerk's Office
714-536-5209
tania.mooresurfcity-hb.orq
4
From: Esparza, Patty<PEsparza@surfcity-hb.org>
Sent: Wednesday, February 15, 2023 2:59 PM
To: Moore, Tania<Tania.Moore@surfcity-hb.org>; Switzer, Donna<Donna.Switzer@surfcity-hb.org>
Cc: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>
Subject: FW: legal for 3/7/23 CC meeting
Can one of you get this ad published per instructions below?
Thanks,
Patty Esparza, C vIC
Assistant City Clerk
City of Huntington Beach
(714) 536-5260
From: Villasenor, Jennifer<JVillasenor@surfcity-hb.org>
Sent: Wednesday, February 15, 2023 2:54 PM
To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>
Cc: De Coite, Kim<KDeCoite@surfcity-hb.org>; Schneider, Matthew<Matthew.Schneider@surfcity-
hb.org>; Vigliotta, Mike<MVigliotta@surfcity-hb.org>
Subject: legal for 3/7/23 CC meeting
Robin and Patty,
Attached is a legal for the 3/7/23 CC meeting for publishing on 2/23. For this legal,please request a 1/8
page ad. Thank you.
�r7iWYVt�C/ti (/4 aetoeiw02
City of Huntington Beach
5
(714) 374-1661
jvillasenor surfcity-hb.orq
The City of Huntington Beach's new electronic permit processing system HB ACA (Accela
Citizen Access) is now open for submittals! Please read all instructions for setting up an
account and submitting applications online through HB ACA before submitting a new
application. If you have any questions on the submittal process after reading the instructions
link below, please contact us at permitcenter(a surfcity-hb.orq.
HB ACA Help Center— Instructions to read before you apply online:
https://huntingtonbeachca.gov/help-center/
HB ACA— Apply Online Here:
https://huntingtonbeachca.gov/aca
6
From: Esparza, Patty<PEsparza@surfcity-hb.org>
Sent: Wednesday, February 15, 2023 2:59 PM
To: Moore, Tania<Tania.Moore@surfcity-hb.org>; Switzer, Donna<Donna.Switzer@surfcity-hb.org>
Cc: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>
Subject: FW: legal for 3/7/23 CC meeting
Can one of you get this ad published per instructions below?
Thanks,
Patty Esparza, CNC
Assistant City Clerk
City of Huntington Beach
(714) 536-5260
From: Villasenor, Jennifer<JVillasenor@surfcity-hb.org>
Sent: Wednesday, February 15, 2023 2:54 PM
To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; Esparza, Patty<PEsparza@surfcity-hb.org>
Cc: De Coite,Kim<KDeCoite@surfcity-hb.org>; Schneider, Matthew<Matthew.Schneider@surfcity-
hb.org>; Vigliotta, Mike<MVigliotta@surfcity-hb.org>
Subject: legal for 3/7/23 CC meeting
Robin and Patty,
Attached is a legal for the 3/7/23 CC meeting for publishing on 2/23. For this legal,please request a 1/8
page ad. Thank you.
��Gr�rvt fiL !/T ave, voi,
City of Huntington Beach
5
(714) 374-1661
jvillasenor a(�surfcity-hb.org
The City of Huntington Beach's new electronic permit processing system HB ACA (Accela
Citizen Access) is now open for submittals! Please read all instructions for setting up an
account and submitting applications online through HB ACA before submitting a new
application. If you have any questions on the submittal process after reading the instructions
link below, please contact us at permitcenter(a_surfcity-hb.orq.
HB ACA Help Center— Instructions to read before you apply online:
https://huntingtonbeachca.gov/help-center/
HB ACA— Apply Online Here:
https://huntingtonbeachca.gov/aca
6
Huntington Beach Wave
1920 Main St., Suite 225
Irvine, Ca 92614
714-796-2209
5190751
HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION
CITY CLERK DEPARTMENT
2000 MAIN ST Legal No. 0011586970
HUNTINGTON BEACH, CA 92648-2763
LE NO. 0320723 ZTA 23-001 (BR PROHIBITIO
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:
02/23/2023
I certify(or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: February 23, 2023.
kiliautka--duvryi
Signature
r.LP1-12'15/16 1
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Tuesday, March 7, 2023, 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 (ZTA) NO. 2023-001 (Prohibition on "Builders
Remedy" Applications) Applicant: City of Huntington Beach Request: To amend
Section 202.04 of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO) to add
subsection (p) an express prohibition on the processing/approval of any project not in
conformance with all City laws, including zoning and land use regulations. California's
Housing Accountability Act (HAA) has provided a so-called "builder's remedy"that allows
developers of affordable housing projects to bypass the zoning code and general plan of
cities that are out of compliance with the Housing Element Law. This express prohibition
requires all project applicants follow all City laws regardless of the City's status with
regard to Housing Element Law. On February 14, 2023, the Planning Commission held a
public hearing on ZTA No.23-001 and recommended approval to the City Council. Location:
Citywide
NOTICE IS HEREBY GIVEN that this item is exempt from California Environmental
Quality Act (CEQA), pursuant to Section 15061(b), the general rule that CEQA only applies
to proiects which have the potential for a significant effect on the environment. While this
amendment will clarify existing zoning regulations, it does not authorize any development
that will result in direct physical changes to the environment.
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,March 2,2023.
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/H BPublicComments/
Published Huntington Beach Wave February 23,2023
r.LP1-1J15116 2
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, March 7, 2023 1:35 PM
To: Agenda Alerts
Subject: FW: Item 16. 23-226 -ZONING TEXT AMENDMENT(ZTA) NO. 23-001
Attachments: HBBR3.7.23.pdf
From: Cesar C<cesarc@kennedycommission.org>
Sent:Tuesday, March 7, 2023 11:55 AM
To:CITY COUNCIL<city.council@surfcity-hb.org>
Cc:Sarah Reisman <sreisman@clsocal.org>; Richard Walker<rwalker@publiclawcenter.org>;Jonathan Bremen
<jbremen@publiclawcenter.org>; Erica Embree<eembree@clsocal.org>; Craig Castellanet<ccastellanet@pilpca.org>
Subject: RE: Item 16. 23-226-ZONING TEXT AMENDMENT(ZTA) NO. 23-001
Please see attached The Kennedy Commission letter in opposition to item RE: Item 16. 23-226 -ZONING
TEXT AMENDMENT (ZTA)NO. 23-001.
Cesar Covarrubias
Executive Director
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 3/7 9033
Agenda Item No.: /(O -
i
!Kennedy
COMMISSION
March 7, 2023 www.kennedycommission.org
17701 Cowan Ave.,Suite 200
Irvine,CA 92614
949 250 0909
Mayor Strickland and Councilmembers
City of Huntington Beach
2000 Main St.
Huntington Beach, CA 92648
RE: Item 16. 23-226 -ZONING TEXT AMENDMENT(ZTA)NO. 23-001 (Prohibition on
"Builders Remedy"Applications in HB)REQUEST: City recommend action: approval of Zoning
Text Amendment ZTA)No. 23-001 with findings by approving Ordinance No. 4285
Mayor Strickland and Councilmembers:
The Kennedy Commission (the Commission) is a broad-based coalition of residents and community
organizations that advocates for the production of homes affordable for families earning less than
$30,000 annually in Orange County. Formed in 2001,the Commission has been successful in
partnering and working with Orange County jurisdictions to create effective housing and land-use
policies that have led to the new construction of homes affordable to lower-income working
families.
As the Council considers item 23-226,the request to create an ordinance banning the application of
the "Builder's Remedy"to the City of Huntington Beach, The Kennedy Commission urges the
Council to comply with state and local housing laws and Housing Element requirements that aim to
increase affordable housing in Huntington Beach. We urge the city not to adopt the proposed
ordinance.
Due to the City's lack of clear priorities,policies and production of affordable homes, lower-income
families continue to have a great challenge in finding affordable housing options in Huntington
Beach. According to the 2021-2029 Housing Element draft,there are a total of 32,415 renter-
occupied households in Huntington Beach, and 44.3%of renter-households in the city spend thirty
percent or more of their gross income on housing costs. Additionally,48.5%of the City's renter
households spent more than fifty percent of their gross income on rent. Approximately 38.8%of
households have incomes below 80%of the area median income,of which the majority are renters.
Low-income renters in the city cannot afford the average cost of rent in Huntington Beach,which is
$2,401. Low-income residents are in urgent need of housing at extremely low,very low-, and low-
income levels.
The shortage of affordable housing in Huntington Beach is due to the City's noncompliance with
Housing Element commitments,programs and general housing laws and requirements.
Furthermore,by not making affordable housing a priority the city has failed to address housing
development in a balanced and equitable manner. As shown in the 5th cycle,the city was allocated a
RHNA of 1,353 units, of which 533 were required to be lower-income units. From 2013-2021,the
city approved only 117 units, or 22%,of the 533 low and very low-income units required. In
comparison,the city exceeded its moderate and above-moderate RHNA requirements. The city
Mayor Strickland and City Council Members
March 7, 2023
Page 2 of 2
approved 294 units (119%of the 248-units at moderate RHNA requirement)and 2,754 units (481%
of the above moderate RHNA requirement of 572 units)1.
In addition to the current deficit in housing for lower-income households,the city should plan for
the allocation of new units affordable to lower-income households for the 6th cycle. The 6th cycle
RHNA numbers have been allocated to jurisdictions throughout the county. The City of Huntington
Beach has been allocated 13,368 housing units, of which 5,845 are required to be lower-income
units2. We ask that the city focus its efforts and resources on addressing the dire affordable housing
needs that have not been met in Huntington Beach.
We request that the city not approve the proposed ordinance. In order to provide housing in a
more balanced manner,the Commission recommends that the city comply with state housing
laws and that the city adopt its 2021-2029 Housing Element in an effort to expand affordable
housing opportunities in Huntington Beach. The Housing Element should include robust and
effective housing programs and should identify affordable housing sites to address affordable
housing requirements on the production of the lower-income segments. We request that the
city prioritize the creation of affordable homes for extremely low-,very low-, and low-income
households to truly address housing needs not being addressed by the housing market in
Huntington Beach.
The Commission looks forward to partnering with the city to increase housing opportunities for
lower-income residents in Huntington Beach. Please keep us informed of any updates and meetings
regarding strategies to increase affordable homes for lower-income households in the city. If you
have any questions, please feel free to contact me at(949) 250-0909 or
cesarc@kennedycommission.org.
Sincerely,
Cesar Covarrubias
Executive Director
cc: Ms. Megan Kirkeby, Acting Deputy Director, Housing Policy Development, CA HCD
Ms. Melinda Coy, Proactive Accountability Chief, CA HCD
I City of Huntington Beach 2013-2021 Housing Element
2 City of Huntington Beach 2021-2029 revised Housing Element draft,2022.
2
Moore, Tania
From: Kalmick, Dan
Sent: Tuesday, March 7, 2023 2:46 PM
To: Moore, Tania
Subject: Fwd: Notice of Potential Violation
Attachments: HuntingtonBeachNOPV030623.pdf
Dan Kalmick
Council Member, City of Huntington Beach
dan.kalmick@surfcity-hb.org
(657) 360-4796
From: Heaton, Brian@HCD<Brian.Heaton@hcd.ca.gov>
Sent: Monday, March 6, 2023 4:31:56 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Cc:Zelinka,Al<AI.Zelinka@surfcity-hb.org>; David Pai<david.pai@doj.ca.gov>;Strickland,Tony
<Tony.Strickland@surfcity-hb.org>; Zisser, David@HCD<David.Zisser@hcd.ca.gov>; Gates, Michael
<Michael.Gates@surfcity-hb.org>
Subject: Notice of Potential Violation
Mayor Strickland and City Councilmembers,
Attached please find the Notice of Potential Violation regarding the City's proposed "Builder's Remedy" Ordinance.
Regards,
GolikM "iry., Brian Heaton,AICP
e • �" �F< Senior Housing Accountability Manager, Housing Accountability Unit
Z -".k ; Housing and Community Development
ofychilli
y 2020 W. El Camino Avenue,Suite 500 I Sacramento, CA 95833
•04Lieoseor• Phone: 916.776.7504
000
ak HOUSING
IS KEY
SUPPLEMENTAL
Meeting Date: . /7/6O93
Agenda Item No.; Re (23 - aa(0
i
STATF OF CAI IFORNIA-BUSINFSS CONSUMFR SFRVIC,FS AND HOUSING AC,FNCY GAVIN NEWSOM.Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GOMMUN)pf,O
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W.El Camino Avenue,Suite 500 ° .n
Sacramento,CA 95833 0���
(916)263-2911 /FAX(916)263-7453
•
www.hcd.ca.gov c'GrFOR�P
March 6, 2023
Mayor and City Council
City of Huntington Beach
Via: City.Council@surfcity-hb.orq
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Tony Strickland; Mayor Pro Tern Gracey Van Der Mark; and City
Councilmembers Rhona Bolton, Pat Burns, Dan Kalmick, Casey McKeon, and Natalie
Moser:
RE: Ordinance to Ban "Builder's Remedy" Projects under the Housing Accountability
Act — Notice of Potential Violation
The California Department of Housing and Community Development (HCD) is aware
that on March 7, 2023, the City Council of the City of Huntington Beach (City) will
consider proposed Builder's Remedy Ordinance No. 4285 / Zoning Text Amendment No.
23-001 (Ordinance),' which would "prohibit[] the processing or approval of any
application for a housing development project or any project not in conformance with the
zoning and General Plan land use designation, including all applicable City laws, zoning
and land use regulations, and other environmental laws, such as CEQA, regardless of
the so-called `Builder's Remedy' (under the Housing Accountability Act or any other
State law), that portend to allow developers of affordable housing projects to bypass the
zoning code and general plan of cities that are out of compliance with the Housing
Element Law."2
The purpose of this letter is to notify the City if the City Council adopts the Ordinance,
the City will be in violation of the Housing Accountability Act (HAA) (Gov. Code, §
65589.5), State Housing Element Law (Gov. Code, §§ 65580-65589.11), Affirmatively
Furthering Fair Housing (AFFH) obligations (Gov. Code, § 8899.50), and other laws.
1 Agenda for City Council/Public Financing Authority, March 7, 2023, Item 16, File # 23-226,
available at https://huntingtonbeach.legistar.comNiew.ashx?M=A&ID=992151&GUID=BD8D2F30-
EF5E-4A0 E-9865-EAE6057CACCA.
2 Ordinance No. 4285, available at
https://huntingtonbeach.legistar.comNiew.ashx?M=F&ID=11690185&GUID=1581 CD58-6E01-41 B0-
A4A7-D5188A67064F.
Mayor Tony Strickland; Mayor Pro Tern Gracey Van Der Mark; and City Councilmembers
Rhona Bolton, Pat Burns, Dan Kalmick, Casey McKeon, and Natalie Moser
Page 2
In addition, adoption of the Ordinance may also constitute a violation of fair housing laws
related to land use (Gov. Code, § 65008, subd. (b)) and be considered a moratorium on
housing development in violation of the Housing Crisis Act (HCA) of 2019 (Gov. Code, §
66300). In the event that the City Council adopts the Ordinance, this letter serves as a
Notice of Violation (NOV).3
Challenges to the HAA are not new and are unlikely to succeed. Similar challenges have
failed. For example, the City's status as a charter city does not exempt it from state
housing laws, despite the Home Rule Doctrine.4 In 2020, the City of Huntington Beach
brought a challenge to the applicability of several state housing laws to the City because of
its charter city status. That challenge failed in Los Angeles Superior Court. The City's new
challenges will suffer the same fate, ultimately resulting in a waste of City staff time, court
resources, and taxpayer dollars.
HCD urges the City Council to avoid such waste by declining to approve the Builder's
Remedy Ordinance. In addition, the City Council has an opportunity at its upcoming
hearing to correct violations contained in HCD's February 22, 2023, NOV5 by approving file
number 23-227 to "[d]irect the City Manager to process SB 9 type lot subdivision
applications and ADU applications...."6
Adoption of the Ordinance Would Violate the HAA
Government Code section 65589.5, subdivision (d)(5), allows a local agency to disapprove an
affordable housing project that"is inconsistent with both the jurisdiction's zoning ordinance and
general plan land use designation as specified in any element of the general plan" if"the
jurisdiction has adopted a revised housing element ... that is in substantial compliance...."
3 This letter incorporates by reference Notices of Potential Violation previously sent by HCD to the
City on February 13, 2023, and January 9, 2023, regarding the proposed ban on "Builder's
Remedy" projects. 3 Agenda for City Council/Public Financing Authority, March 7, 2023, Item 18,
File # 23-227, available at
https://huntingtonbeach.legistar.comNiew.ashx?M=F&ID=11690187&GUID=F76CF013-586E-
4E99-B84B-E9BC733EEAC1.
4 See Ruegg & Ellsworth v. City of Berkeley (2021) 63 Cal.App.5th 277, 310-315 [state housing law
preempts conflicting charter city ordinance despite the Home Rule doctrine]; see also California
Renters Legal Advocacy & Education Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 846-
851 [same]; Buena Vista Gardens Apartments Association v. City of San Diego (1985) 175
Cal.App.3d 289, 306 ["[I]f a matter is of statewide concern, then charter cities must yield to the
applicable general state laws regardless of the provisions of its charter."])
5 This letter incorporates by reference the NOV previously sent by HCD to the City on February 22, 2023,
regarding the City Council's direction to the City Manager to "cease the processing of all
applications/permits brought to the City by developers under SB 9, SB 10, or State law related to
[Accessory Dwelling Unit (ADU)] projects, until the courts have adjudicated the matter(s)."
6Agenda for City Council/Public Financing Authority, March 7, 2023, Item 18, File # 23-227, available
at https://huntingtonbeach.legistar.comNiew.ashx?M=F&ID=11690187&GUID=F76CF013-586E-
4E99-B84B-E9BC733EEAC 1.
Mayor Tony Strickland; Mayor Pro Tern Gracey Van Der Mark; and City Councilmembers
Rhona Bolton, Pat Burns, Dan Kalmick, Casey McKeon, and Natalie Moser
Page 3
Therefore, because the City does not have a substantially compliant housing element, it may
not disapprove an affordable housing project for inconsistency with the zoning and land use
designation. This limitation is known as the "Builder's Remedy."
Therefore, the adoption of the Ordinance would be a blatantly unlawful attempt to
exempt the City from the HAA and will be rendered void under principles of
preemption.
Adoption of the Ordinance Would Violate the HCA
The legal effect of the Ordinance is a moratorium on housing developments submitted
under the Builder's Remedy statute and other laws. It is therefore a violation of the
HCA, which prohibits a local government from "[i]mposing a moratorium or similar
restriction or limitation on housing development ... within all or a portion of the
jurisdiction ... other than to specifically protect against an imminent threat to the health
and safety of persons residing in, or within the immediate vicinity of, the area subject to
the moratorium ...." (Gov. Code, § 66300, subd. (b)(1)(B)(i).) The HCA further requires
that the local government shall not enforce such "a moratorium or other similar
restriction on or limitation of housing development until it has submitted the ordinance
to, and received approval from, [HCD]." (Gov. Code, § 66300, subd. (b)(1)(B)(ii).) If
HCD denies approval, "that ordinance shall be deemed void." (Ibid.) HCD categorically
refuses to approve the City's significant limitation on housing development in the form
of the Ordinance. Without HCD approval, the Ordinance will be "deemed void" under
the HCA.
Adoption of the Ordinance Would Violate Fair Housing Laws
Jurisdictions in California have AFFH obligations, including a duty to "overcome patterns
of segregation and foster inclusive communities free from barriers that restrict access to
opportunity based on protected characteristics." (Gov. Code, § 8899.50.) Further, state
law prohibits jurisdictions from taking actions that are materially inconsistent with the
obligation to AFFH. (Gov. Code, § 8899.50, subd. (b).)
The totality of the City's actions, including its February 21 decision to prohibit processing
ADU permits, and its decision to adopt the proposed Builder's Remedy Ordinance, together
represent a violation of this obligation.' For example, the "Builder's Remedy" deals
exclusively with affordable housing developments. (Gov. Code, § 65585, subd. (d)(5).) By
targeting affordable housing projects through the Ordinance, the City is violating its AFFH
responsibilities.
In addition, limiting an ordinance to just affordable housing developments that qualify
for protections under Government Code section 65589.5, subdivision (d) (the Builder's
Remedy), could pose a violation of fair housing law (Gov. Code, § 65008), which,
among other provisions, prohibits the enactment or administration of ordinances that
See HCD's February 22, 2023, NOV.
Mayor Tony Strickland; Mayor Pro Tern Gracey Van Der Mark; and City Councilmembers
Rhona Bolton, Pat Burns, Dan Kalmick, Casey McKeon, and Natalie Moser
Page 4
prohibit or discriminate against any residential development because the development
is intended for occupancy by persons and families of very low, low, or moderate
income.
Adoption of the Ordinance Would Violate Other State Housing Laws
Further, by prohibiting "the processing or approval of any application for a housing
development project or any project not in conformance with the zoning and General
Plan land use designation," the Ordinance contradicts other state laws that do not
require conformance with both zoning and general plan designations. For example, the
Ordinance could interfere with housing laws, including but not limited to the following:
• State Density Bonus Law (Gov. Code, §§ 65915-65918), which allows for an
increased density beyond the general plan and zoning, for the density bonus to
be based on the highest allowable density regardless of zoning, and for
waivers to the development standards in the zoning code to be applied in order
to achieve that density.
• Streamlined Ministerial Approval Process (also known as "SB 35 Processing")
(Gov. Code, § 65913.4, subd. (a)(5)(A)), which states that in the event that the
zoning ordinances and the general plan are "mutually inconsistent," a
development shall be deemed consistent with the objective zoning standards
related to housing density, as applicable, if the density proposed is compliant
with the maximum density allowed within that land use designation of the
general plan regardless of zoning.
• SB 6 (Gov. Code, § 65852.24) and AB 2011 (Gov. Code, § 65912.110), which
allow for residential development on commercially zoned land where the
zoning may not already allow residential.
• State ADU Law (Gov. Code, § 65852.2), which requires ministerial approval of
ADUs in specific zones.
• SB 9 (Gov. Code, §§ 65852.21, 66411.7), which allows for lot splits and
duplexes under certain conditions.
• AB 2097 (Gov. Code, § 65863.2), which preempts local minimum parking
standards when a project is within one-half mile of public transit.
Housing Element Compliance
The adoption of an ordinance limiting the applicability of state laws, including the HAA,
represents a new governmental constraint to the production of housing. As you are
aware, the City's housing element is currently out of compliance with State Housing
Element Law. While HCD found on September 30, 2022, that the draft housing element
met statutory requirements at the time of review, the adoption of the Ordinance will alter
HCD's prior determination. The Ordinance and its impacts on housing development
must be addressed in the housing element before HCD can find that the City has
attained statutory compliance. Per the February 22, 2023, NOV, the City's timeline for
housing element compliance is inconsistent with Government Code section 65588,
Mayor Tony Strickland; Mayor Pro Tern Gracey Van Der Mark; and City Councilmembers
Rhona Bolton, Pat Burns, Dan Kalmick, Casey McKeon, and Natalie Moser
Page 5
subdivision (e), and by failing to timely adopt a substantially compliant 6th cycle housing
element, the City is in violation of State Housing Element Law (Gov. Code, § 65585).
Pursuant to the February 22, 2023, NOV, HCD is already in the process of scheduling
two meetings to discuss the City's failure to adopt a compliant housing element. (Gov.
Code, § 65585, subd. (k).)
Conclusion and Next Steps
HCD has enforcement authority over the HAA, the HCA, AFFH, and State Housing
Element Law, among other state housing laws. HCD must review any action or failure
to act that it determines to be inconsistent with either an adopted housing element or
Government Code section 65583. HCD must then issue written findings to the locality.
(Gov. Code, § 65585, subd. (i).) Additionally, HCD must notify a locality when that
locality takes actions that violate certain housing laws. (Gov. Code, § 65585, subds.
(i)(1), G).)
HCD has already notified the Office of the Attorney General that, if the City Council
adopts the Ordinance, the City will be in violation of the state laws referenced in this
letter. (Gov. Code, § 65585, subd. (j).)
If you have any questions or would like to discuss the content of this letter, please
contact Brian Heaton at Brian.Heaton a(�hcd.ca.gov.
Sincerely,
--z
David Zisser
Assistant Deputy Director
Land Use and Local Government Relations
cc: Al Zelinka, City Manager
Michael E. Gates, City Attorney
David Pai, Supervising Deputy Attorney General
Moore, Tania
From: cherivatkinson@aol.com
Sent: Monday, March 6, 2023 11:25 AM
To: supplementalcomm@surfcity-hb.org; cherivatkinson@aol.com
Subject: Opinion on Items 12, 13, 16, and 18
Hi,
This is Cheri Atkinson LCSW, and a long term resident of Huntington Beach.
I ask you to vote
1. Item 12- Flag Ordinance- I ask you to vote NO-This has an negative impact on our LGBTQ residents in our community,
and sends an unwelcoming message, and hurts the image of Huntington Beach.
2. Item 13- Behavior in Public Structures- I ask you to vote NO. I have done the Point in Time count, and many of our
homeless residents may stay there to escape the elements, to stay alive, until they are housed. THIS AS WELL AS ITEM
14, REFLECTS THAT A POLICING MODEL, OUT OF SIGHT< SOLVED THE HOMELESS MODEL, and it is a
nonhumanitarian approach.
3. Item 16- Builder's Remedy Ordinance- I ask you to vote NO on this. By not approving the Housing Element, and the
Builder's Remedy Ordinance, you are saying No, to affordable housing for those who work here, the disabled, seniors, the
disabled, and our children.
4. Item 18-Allowing ADU applications- I ask you to vote Yes-This allows for affordable housing, for seniors, young
residents, three generational families. It is a win for so many.
Please acknowledge that you received and read this.
Cheri Atkinson LCSW
cherivatkinson@aol.com
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 3/?/ana,3
Agenda Item No.; 41716, (2,3 - aa(o)
i
Moore, Tania
From: Fikes, Cathy
Sent: Monday, March 6, 2023 6:04 PM
To: Agenda Alerts
Subject: FW: March 7 agenda Item 16 VOTE NO
From: Lynne Deakers<Icdeakers@gmail.com>
Sent: Monday, March 6, 2023 3:26 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: March 7 agenda Item 16 VOTE NO
We need more housing in Huntington Beach for our middle income earning individuals and families.
A community like Huntington Beach has been wonderful because of the diversity in its population. Please
ensure we have housing options for a wide variety of people who make invaluable contributions to our
community. As a 40 year resident of Huntington Beach, Iexpect and need a city council who takes this
seriously. Please submit a substantially compliant Housing element so someone else does not have to do it for
you.
Lynne Deakers
SUPPLEMENTAL
COMMUNICATION
Dale:Mining 3/7/ao2-.3
1 Agenda Item No.: 41 ( zj
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, March 7, 2023 1:35 PM
To: Agenda Alerts
Subject: FW:Vote NO on Agenda Item # 16 - Builders' Remedy
From: Paula Schaefer<pas92649@gmail.com>
Sent:Tuesday, March 7, 2023 12:01 PM SUPPLENENTAL
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject:Vote NO on Agenda Item # 16 - Builders Remedy /
Mayor and City Council Members: Meeting Date. 3/2' �3
I urge you to vote NO on Agenda Item # 16.
Agenda Item No.° �(I)
The City is embarking on a foolish path that will only result in uncertainty in the City's ousing
market, is likely to bring more negative press to the City, and probably cost the City more money in
legal fees.
The City Council's newest members appear to be so intent on fulfilling vague campaign
promises without the benefit of the experience, expertise, and advice of City Staff members. Also, the
newest members of the City Council seem insistent on using litigation as the first tool to resolve the
City's problems. Prime examples of these problems is the failure to attempt negotiations with the
State of California over the Regional Housing Needs Assessment and the failure to acknowledge that
the State of California Department of Justice has warned the City Council of imminent litigation
should it adopt the proposed Ordinance.
This is not only my opinion, it is also the opinion of the editors of the Orange County Register, who in
two editorials have chastised the new City Council members for their actions.
See OC Register editorial of February 15, 2023:
"The Department of Justice took umbrage at Huntington Beach's "attempt to justify this
blanket prohibition based on the speculative assertion that affordable housing projects" could
be built near environmentally sensitive areas. The City Council seems to be using vague
environmental concerns — ones that existing regulations can address — as a transparent
excuse to stop new housing in the city."
"Sorry, but just as Huntington Beach residents must follow even those city laws they don't
like, so too must the city follow state laws they oppose. We expect the courts to rebuke
Huntington Beach and residents to be stuck with soaring legal bills."
Again, the Orange County Register, on March 1, 2023 chastised the newest City Council members:
1
"Strickland and his allies ought to spend more time tending to the city's problems
and less time pretending to be state legislators."
Vote NO on Agenda Item # 16.
Sincerely,
Paula Schaefer
2
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, March 7, 2023 1:48 PM
To: Agenda Alerts
Subject: FW:tonights meeting
From: Mary Ann Celinder<macelinder@gmail.com>
Sent:Tuesday, March 7, 2023 1:36 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject:tonights meeting
item 12 We are strongly against the new flag ordinance being voted on tonight. The council is making a
mistake, if passed, you can expect other companies to pull out of having events in a homophobic city.
item 16 follow the state law, ifs going to cost us stupid money to fight construction of affordable housing.
item 17 we really like the no cars on main street and will miss the outdoor dining.
item 18 we are in favor of this item to continue to process adu permits.
Karl and Mary Ann Celinder
Celinder's Glass Design
21341 Fleet Lane
Huntington Beach Ca 92646
, .,; illON
Meeting Date. ,V7��2_3
1 Agenda Item No.; I to (23 — 92(40
Moore, Tania
From: Dylan Casey <dylan@calhdf.org>
Sent: Tuesday, March 7, 2023 4:01 PM
To: CITY COUNCIL;Van Der Mark, Gracey; Burns, Pat; McKeon, Casey; Kalmick, Dan; Moser,
Natalie; Bolton, Rhonda; Strickland,Tony; supplementalcomm@surfcity-hb.org
Cc: Gates, Michael; Courtney Welch; Nick Eckenwiler; Greg Magofna
Subject: Written Comment on Agenda Items 16 and 18
Attachments: Huntington Beach Letter 3-7-23.pdf
Dear Huntington Beach City Council,
I am submitting the attached letter as public comment on Items 16 and 18 on the Agenda for tonight's meeting.
Thank you for your consideration.
Sincerely,
Dylan Casey
Executive Director
California Housing Defense Fund
L
1
114. 0DF
March 7, 2023
City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
By Email:City.Council@surfcity-hb.org;Gracey.VanDerMark@surfcity-hb.org;
Pat.Burns®surfcity-hb.org;Casey.McKeon®surfcity-hb.org;Dan.Kalmick®surfcity-hb.org;
Natalie.Moser@surfcity-hb.org;Rhonda.Bolton@surfcity-hb.org;
Tony.Strickland®surfcity-hb.org
CC:Michael.Gates®surfcity-hb.org
To the Huntington Beach City Council and City Attorney:
Huntington Beach is a city located in California.Consequently,it must follow California state
law. In light of recent City actions,the California Housing Defense Fund("CalHDF")writes to
remind the City of this fact.Specifically:
1. Item Number 26 at the February 21 meeting of the Council (File No. 23-172),which
passed by a 4-3 vote,violates SB 9, state law governing accessory dwelling units,the
Housing Crisis Act,and the Housing Accountability Act.
2. Zoning Text Amendment Number 2023-001 (File No. 23-135), which the Planning
Commission recommended to the City Council on February 14 by a 4-2 vote,violates
the Housing Accountability Act.
CalHDF urges the Council to reconsider its vote on Item Number 26 from the February 21
meeting and approve Item Number 18 (File No.23-227)at tonight's meeting.Ca1HDF further
urges the Council to reject Zoning Text Amendment Number 2023-001,set as Item Number
16(File No.23-226)on the agenda for tonight's meeting.
Directing City Staff to Cease Processing SB 9 and ADU Applications Violates
State Law
Item Number 26 at the February 21 meeting of the Council directs City staff not to process
new applications for SB 9 projects or accessory dwelling units(ADUs).This violates state law
on several counts.
First, it violates SB 9.Under SB 9,cities in California must ministerially approve applications
for urban lot splits and housing developments of up to two units. (Gov. Code §§ 65852.21(a),
66411.7(a).)A city may reject an application only by making a written finding that approving
360 Grand Ave#323,Oakland 94610
hi@calhdf.org
it would have "a specific, adverse impact [...] upon public health and safety or the physical
environment." (Gov. Code §§ 65852.21(d), 66411.7(d).)Item Number 26 did not make findings
sufficient to satisfy SB 9's criteria for rejecting lot split or two-unit residential development
applications (nor could it have,since SB 9 makes clear these findings must apply to a specific
SB 9 application and cannot justify a blanket ban on such applications). Huntington Beach
remains obliged to approve SB 9 applications ministerially,per the plain text of SB 9.
Second, Item Number 26 at the February 21 Council meeting violates state law governing
ADUs. State ADU law sets minimum standards for ADUs and requires that, so long as they
meet these standards,they must be ministerially approved. (Gov.Code §65852.2(a)(3),(b)(1),
(e)(1).) This leaves no room for Huntington Beach to categorically reject ADU proposals, as
Item Number 26 attempts to do, and the City's action here clearly runs afoul of state ADU
law.
Third, Item Number 26 at the February 21 Council meeting violates the Housing Crisis Act
(HCA).The HCA prevents cities from"[i]mposing a moratorium or similar restriction [...]on
housing development" unless a city first receives authorization from the Department of
Housing and Community Development (HCD). (Gov. Code § 66300(b)(1)(B).) Halting
processing of all SB 9 and ADU applications is certainly a moratorium on residential housing
development. Hence, without HCD's authorization, which the City has not received,
approving Item Number 26 represents a clear transgression of the HCA.
The HCA also makes it illegal for cities to "reduc[e] the intensity of land use [...] below what
was allowed [...] on January 1, 2018." (Gov. Code § 66300(b)(1)(A).) The statute defines "less
intensive use" quite broadly, and it would certainly include Huntington Beach's action here,
at least with respect to ADUs. (Id.) Hence,on this point,too,the City has acted illegally under
state law.
Finally, Item Number 26 at the February 21 Council meeting violates the Housing
Accountability Act(HAA).The HAA mandates approval of any housing development project
that complies with all applicable objective standards in effect when the application is
complete. (Gov. Code § 65589.5(j)(1).) The only way a city can reject such a project is by
making written findings that the project would have "a specific, adverse impact upon the
public health or safety" that cannot be mitigated. (Id.) To the extent that the City's action
directs staff to reject ADU and SB 9 applications categorically and without making specific
findings of a public health and safety impact,it violates the HAA and is hence illegal.
CalHDF urges the Council to approve Item Number 18 (File No.23-227)at tonight's meeting,
which would direct staff to resume processing SB 9 and ADU applications, as state law
requires.
2 of 4
Banning the Builder's Remedy Violates State Law
Huntington Beach may escape the builder's remedy by adopting a compliant housing
element to its general plan. It may not escape the builder's remedy by banning it.All local
governments in California are required to periodically update the housing element of their
general plan. (Gov. Code §65588(b).)The updates to the housing element must meet certain
requirements, including accommodating needed housing growth for households of varying
income levels. (Id. at subd. (d).) If a city fails to update its housing element by the statutory
deadline,or adopts a housing element that does not satisfy these requirements,it is exposed
to the builder's remedy. This strips the city of its power to reject applications for housing
developments that meet certain affordability requirements, even if the proposed housing
development would violate local zoning rules. (Gov. Code § 65589.5(d)(5).) The builder's
remedy pushes cities to properly update their housing elements by threatening them with a
loss of control over development if they do not,and it helps ensure cities that fail to properly
update their housing elements nonetheless produce adequate new housing supply.
There is no part of the HAA or any state housing law allowing cities to"opt out."If there were,
the law's entire purpose would be frustrated. Thus, Zoning Text Amendment Number
2023-001, set as Item Number 16 (File No. 23-226) on tonight's meeting agenda, would
violate the HAA if adopted. It would also be futile:the builder's remedy would continue to be
available to property owners in Huntington Beach until the City adopts a compliant housing
element. All that the proposed zoning text amendment would accomplish would be to
expose the City to litigation.CalHDF urges the Council to reject it.
Huntington Beach's Status as a Charter City Does Not Exempt It from State
Housing Laws
California's housing crisis is a statewide problem, extending far beyond any one city's
boundaries.Thus,the state legislature has applied state housing laws to all cities within the
state, including charter cities. (SB 9, § 4; SB 330, § 14; Gov. Code § 65852.2(j)(5).) State courts
have upheld the application of state housing law to charter cities. (See California Renters
Legal Advocacy and Education Fund v. City of San Mateo(2021) 68 Cal.App.5th 820, 846-54.)
Huntington Beach therefore cannot rely on its status as a charter city to escape the
requirements of state housing law,and its attempt to do so is unavailing.
Huntington Beach should know this.In CalHDF's(then known as the California Renters Legal
Advocacy and Education Fund) previous lawsuit against the city, the Superior Court of
Orange County rebuffed the City's argument that the HAA clashed with the state
constitution in its application to charter cities. (California Renters Legal Advocacy and
Educational Fund v. City of Huntington Beach (Super. Ct. Orange County, 2021, No.
30-2020-01140855-CU-WM-CJC).) Issue preclusion, moreover, bars the City from
relitigating this point in future lawsuits with Ca1HDF.
3 of 4
t ►
CalHDF, formerly known as CaRLA, is a 501(c)(3) non-profit whose mission includes
advocating for increased access to housing for Californians at all income levels. You may
learn more about CalHDF at www.calhdf.org.
Sincerely,
Dylan
Executive Director
4 of 4