Title:
|
Approve Zoning Text Amendment No. 25-003 (Reapplication Process for Group Homes) by approving for introduction Ordinance Nos. 4340 and 4341
|
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Jason Kelley, Senior Planner
Subject:
title
Approve Zoning Text Amendment No. 25-003 (Reapplication Process for Group Homes) by approving for introduction Ordinance Nos. 4340 and 4341
body
Statement of Issue:
Transmitted for City Council's consideration is Zoning Text Amendment (ZTA) No. 25-003, a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by prohibiting group homes from reapplying for permits for five years from the date of the denial or revocation of a permit. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code.
Financial Impact:
Not Applicable
Recommended Action:
recommendation
A) Find Zoning Text Amendment No. 25-003 and amendment to Municipal Code Chapter 5.110 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the municipal code and zoning ordinance that does not change the development standards intensity or density; and,
B) Approve Zoning Text Amendment No. 25-003 with findings (Attachment No. 1) and approve for introduction Ordinance No. 4341, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230.28 Group Homes of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-003)"; (Attachment No. 2); and,
C) Approve amendment to Municipal Code Chapter 5.110 and approve for introduction Ordinance No. 4340, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.110 Group Homes of the Huntington Beach Municipal Code Titled Group Homes" (Attachment No. 3).
end
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
ZTA No. 25-003 represents a request to amend Section 230.28 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to strengthen enforcement against unlawful group homes to protect residential neighborhoods and the residents of these facilities. Specifically, the amendment establishes a five-year prohibition on applying or reapplying for a Special Use Permit or Conditional Use Permit for any group home found to be operating in violation of applicable laws or zoning regulations. There is also an accompanying amendment to incorporate the same provisions into the Municipal Code.
B. BACKGROUND:
On July 20, 2020, the City Council adopted the Group Homes Ordinance amending the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Municipal Code (HBMC) to establish regulations for group homes, sober living homes and residential care facilities. Since the adoption of the Ordinances, there have been sober living facilities that are either operating without the required permits or are in violation of the conditions of approval outlined in their permit. To ensure greater accountability among sober living facilities, the City Council directed staff (Attachment No. 6) to draft an amendment to the HBZSO and the HBMC to prevent group homes from applying or reapplying for a permit for five years once they have been found to be operating unlawfully.
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On August 26, 2025, the Planning Commission held a public hearing on the ZTA. The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on August 26, 2025:
A motion was made by Goldberg, seconded by Palmer, to recommend to the City Council approval of ZTA No. 25-003 carried by the following vote:
AYES: Thienes, Goldberg, Pellman, Palmer, Bush, Babineau, McGee
NOES: None
ABSTAIN: None
ABSENT: None
MOTION PASSED
D. STAFF ANALYSIS:
The August 26, 2025, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 7). During the meeting, the Planning Commission also approved a minute action to forward additional buffer recommendations for sober living facilities to the City Council for consideration, which was provided to the City Council via a separate memorandum. In summary, staff and the Planning Commission recommend approval of ZTA No. 25-003 based on the following reasons:
1. It updates the HBZSO to prevent unlawful operators;
2. Addresses community need to further protect neighborhoods from operators in violation of the ordinance; and
3. Is consistent with General Plan goals and policies.
Approval of the associated Municipal Code amendment would correspond and be consistent with the Zoning Code amendment.
Environmental Status:
ZTA No. 25-003 and amendment to Municipal Code Chapter 5.110 are exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the amendments to the HBMC will have a significant effect on the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Suggested Findings of Approval - ZTA No. 25-003
2. Ordinance No. 4341 - Section 230.28 (Group Homes)
3. Ordinance No. 4340 - Chapter 5.110 (Group Homes)
4. Section 230.28 - Group Homes Legislative Draft
5. Chapter 5.110 - Group Homes Legislative Draft
6. City Council H-Item dated May 6, 2025
7. August 26, 2025, Planning Commission Staff Report
8. PowerPoint Presentation