REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Madalyn Welch, Senior Planner
Subject:
title
Approve Zoning Map Amendment No. 23-001 by adopting Ordinance No. 4306; Approve Zoning Map Amendment No. 23-002 by adopting Ordinance No. 4316; Approve Zoning Map Amendment No. 24-001 by adopting Ordinance No. 4321; Approve Zoning Map Amendment No. 24-003 by adopting Ordinance No. 4323; Approve Zoning Map Amendment No. 24-004 by adopting Ordinance No. 4324; Approve Zoning Map Amendment No. 24-005 by adopting Ordinance No. 4325; Approve Local Coastal Program Amendment No. 24-001 by adopting Resolution No. 2024-14 (Continued from September 3, 2024) -- All Ordinances approved for introduction October 1, 2024 by a Vote of 7-0)
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Statement of Issue:
The proposed Zoning Map Amendments (ZMA) would amend the zoning designations of 133 parcels throughout the City that are inconsistent in relation to their General Plan designations. This ZMA is prompted to clean-up inconsistencies in order to relieve nonconformities created on the properties and bring such parcels into compliance with the General Plan. Of the 133 parcels included in this amendment, 23 parcels are located within the Coastal Zone, prompting a Local Coastal Program Amendment to authorize submittal to the California Coastal Commission for those 23 parcels. This item was continued from the September 3, 2024 meeting on a unanimous vote to allow for more time to review the request.
Financial Impact:
Not applicable.
recommendation
A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15183, Projects Consistent with a Community Plan or Zoning.
B) Approve the following:
1. Zoning Map Amendment No. 23-001 with findings (Attachment No. 1) and adopt Ordinance No. 4306, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 17 Parcels Consisting of City Parks and City Owned Property into Conformance with their General Plan Designations (Zoning Map Amendment No. 23-001)”; (Attachment No. 7)
2. Zoning Map Amendment No. 23-002 with findings (Attachment No. 2) and adopt Ordinance No. 4316, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 18 Parcels Consisting of Churches and Schools into Conformance with their General Plan Designations (Zoning Map Amendment No. 23-002)”; (Attachment No. 8)
3. Zoning Map Amendment No. 24-001 with findings (Attachment No. 3) and adopt Ordinance No. 4321, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 23 Parcels within the Coastal Zone to be in Conformance with their General Plan Designations (Zoning Map Amendment No. 24-001)”; (Attachment No. 9)
4. Zoning Map Amendment No. 24-003 with findings (Attachment No. 4) and adopt Ordinance No. 4323, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 42 Parcels Consisting of Utility Type Uses into Conformance with their General Plan Designations (Zoning Map Amendment No. 24-003)”; (Attachment No. 10)
5. Zoning Map Amendment No. 24-004 with findings (Attachment No. 5) and adopt Ordinance No. 4324, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 5 Parcels Consisting of Commercial Uses into Conformance with their General Plan Designations (Zoning Map Amendment No. 24-004)”; (Attachment No. 11)
6. Zoning Map Amendment No. 24-005 with findings (Attachment No. 6) and adopt Ordinance No. 4325, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone 28 Inconsistently Zoned Parcels into Conformance with their Residential General Plan Designations (Zoning Map Amendment No. 24-005)”; (Attachment No. 12)
7. Local Coastal Program Amendment (LCPA) No. 24-001 with findings (Attachment No. 3) by adopting City Council Resolution No. 2024-14, “A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 24-001 and Requesting Certification by the California Coastal Commission”; (Attachment No. 9).
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Alternative Action(s):
The City Council may make the following alternative motion(s):
A) Do not approve Zoning Map Amendment No. 23-001, No. 23-002, No. 24-001, No. 24-003, No. 24-004, No. 24-005, and Local Coastal Program Amendment No. 24-001
B) Continue Zoning Map Amendment No. 23-001, No. 23-002, No. 24-001, No. 24-003, No. 24-004, No. 24-005, and Local Coastal Program Amendment No. 24-001
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Zoning Map Amendment (ZMA) No. 23-001 is a request to amend the current zoning map to rezone 17 parcels consisting of city parks and city owned property into conformance with their General Plan designations; and,
Zoning Map Amendment (ZMA) No. 23-002 is a request to amend the current zoning map to rezone 18 parcels consisting of churches and schools into conformance with their General Plan designations; and,
Zoning Map Amendment (ZMA) No. 24-001 is a request to amend the current zoning map to rezone 23 parcels within the Coastal Zone into conformance with their General Plan designations; and,
Zoning Map Amendment (ZMA) No. 24-003 is a request to amend the current zoning map to rezone 42 parcels consisting of utility type uses into conformance with their General Plan designations; and,
Zoning Map Amendment (ZMA) No. 24-004 is a request to amend the current zoning map to rezone 5 parcels consisting of commercial type uses into conformance with their General Plan designations; and,
Zoning Map Amendment (ZMA) No. 24-005 is a request to amend the current zoning map to rezone 28 parcels into conformance with their residential General Plan designations; and,
Local Coastal Program Amendment (LCPA) No. 24-001 is a request to amend the City’s certified LCP to reflect the zoning changes proposed by ZMA No. 24-001.
B. PLANNING COMMISSION MEETING AND RECOMMENDATION:
A study session adopting the item was held on October 10, 2023 as well as January 23, 2024.
On January 23, 2024, the Planning Commission held a public hearing on ZMA No. 23-001. There were no speakers at the public hearing and no written comments were received. The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on January 23, 2024:
A motion was made by Adam, seconded by Pellman, to recommend to the City Council approval of ZMA No. 23-001 carried by the following vote:
AYES: Adam, Pellman, Kennedy, Twining, Wood, Rodriguez, Acosta-Galvan
NOES: None
ABSTAIN: None
ABSENT: None
MOTION PASSED
On March 26, 2024, the Planning Commission held a public hearing on ZMA No. 23-002. There was one public speaker who spoke in opposition of the project, expressing concern regarding the public notification process and the potential adverse effects resulting from the zoning map amendment. Written correspondence was also received (Attachment No. 21). The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on March 26, 2024:
A motion was made by Adam, seconded by Pellman, to recommend to the City Council approval of ZMA No. 23-002 carried by the following vote:
AYES: Adam, Pellman, Twining, Wood, Rodriguez, Acosta-Galvan
NOES: None
ABSTAIN: Kennedy
ABSENT: None
MOTION PASSED
On April 23, 2024, the Planning Commission held a public hearing on ZMA No. 24-001 and LCPA No. 24-001. There were no public speakers. Written correspondence was received (Attachment No. 22). The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on April 23, 2024:
A motion was made by Adam, seconded by Wood, to recommend to the City Council approval of ZMA No. 24-001 and LCPA No. 24-001 carried by the following vote:
AYES: Adam, Kennedy, Twining, Wood, Acosta-Galvan
NOES: None
ABSTAIN: None
ABSENT: Pellman, Rodriguez
MOTION PASSED
On May 28, 2024, the Planning Commission held a public hearing on ZMA No. 24-003 and ZMA No. 24-004. For ZMA No. 24-003, there were 11 public speakers expressing concerns of the proposed amendment and the potential negative impacts that the new zone on SCE sites would have on the adjacent residential properties. Written correspondence was also received (Attachment No. 23). The Planning Commission continued the item to a date uncertain. For ZMA No. 24-004, there were two public speakers in opposition expressing concerns of commercial zoning adjacent to residential and questioning the government code section prompting this project. Written correspondence was also received (Attachment No. 24). The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on May 28, 2024:
A motion was made by Twining, seconded by Pellman, to continue ZMA No. 24-003 to a date uncertain carried by the following vote:
AYES: Adam, Pellman, Kennedy, Twining, Wood
NOES: Acosta-Galvan
ABSTAIN: None
ABSENT: Rodriguez
MOTION PASSED
A motion was made by Twining, seconded by Acosta-Galvan, to recommend to the City Council approval of ZMA No. 24-004 carried by the following vote:
AYES: Adam, Pellman, Twining, Wood, Acosta-Galvan
NOES: Kennedy
ABSTAIN: None
ABSENT: Rodriguez
MOTION PASSED
On June 25, 2024, the Planning Commission held a public hearing on ZMA No. 24-005. There were two public speakers, one in support and one expressing concerns regarding railroad property and suggested a rezone to park or open space would be better. Written correspondence was also received (Attachment No. 25). The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on June 25, 2024:
A motion was made by Wood, seconded by Pellman, to recommend to the City Council approval of ZMA No. 24-005 carried by the following vote:
AYES: Adam, Pellman, Kennedy, Twining, Wood, Rodriguez
NOES: None
ABSTAIN: None
ABSENT: Acosta-Galvan
MOTION PASSED
On July 23, 2024, the Planning Commission held a public hearing on ZMA No. 24-003, continued from May 28, 2024. There were five public speakers in opposition of the project expressing concerns with the proposed amendment and the potential negative impacts that the new zone on SCE sites would have on the adjacent residential properties. Written correspondence was also received (Attachment No. 23). The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on July 23, 2024:
A motion was made by Twining, seconded by Kennedy, to remove the parcels within examples 6, 9, 12, and 14 with the reasoning that there is no community need demonstrated for such examples and recommend to the City Council for approval of the remainder of ZMA No. 24-003 failed by the following vote:
AYES: Twining, Kennedy
NOES: Adam, Wood, Rodriguez
ABSTAIN: None
ABSENT: Pellman, Acosta-Galvan
MOTION FAILED
A motion was made by Adam, seconded by Wood, to recommend to the City Council approval of ZMA No. 24-003 carried by the following vote:
AYES: Adam, Wood, Rodriguez
NOES: Twining, Kennedy
ABSTAIN: None
ABSENT: Pellman, Acosta-Galvan
MOTION PASSED
C. STAFF ANALYSIS:
The Planning Commission staff reports provide a more detailed description and analysis of the proposed ZMA project (Attachment Nos. 15-20). In summary, the Planning Commission and staff recommend approval of Zoning Map Amendment No. 23-001, No. 23-002, No. 24-001, No. 24-003, No. 24-004, No. 24-005, and Local Coastal Program Amendment No. 24-001 based on the following reasons:
1. It is consistent with the General Plan and its goals and policies.
2. It is necessary to comply with California Government Code Section 65860 (c) requiring zoning implementations to be internally consistent with their general plan designations.
3. It will address nonconformities by bringing such parcels into compliance with the General Plan.
Environmental Status:
The proposed project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15183 because the project is consistent with the development density established by the existing general plan for which an EIR was certified for during the 2017 General Plan Update.
Strategic Plan Goal:
Goal 1 - Economic Development, Strategy A - Develop an updated economic development strategy to ensure business retention, local investments and job growth.
Attachment(s):
1. Suggested Findings of Approval for ZMA No. 23-001
2. Suggested Findings of Approval for ZMA No. 23-002
3. Suggested Findings of Approval for ZMA No. 24-001/LCPA No. 24-001
4. Suggested Findings of Approval for ZMA No. 24-003
5. Suggested Findings of Approval for ZMA No. 24-004
6. Suggested Findings of Approval for ZMA No. 24-005
7. Ordinance No. 4306 for ZMA No. 23-001 with Exhibits
8. Ordinance No. 4316 for ZMA No. 23-002 with Exhibits
9. Ordinance No. 4321 and City Council Resolution No. 24-14 for ZMA No. 24-001 & LCPA No. 24-001 with Exhibits
10. Ordinance No. 4323 for ZMA No. 24-003 with Exhibits
11. Ordinance No. 4324 for ZMA No. 24-004 with Exhibits
12. Ordinance No. 4325 for ZMA No. 24-005 with Exhibits
13. Existing and Proposed Zoning Map
14. List of Parcels with Legal Description
15. ZMA 23-001 Planning Commission Staff Report
16. ZMA 23-002 Planning Commission Staff Report
17. ZMA 24-001/LCPA 24-001 Planning Commission Staff Report
18. ZMA 24-003 Planning Commission Staff Report
19. ZMA 24-004 Planning Commission Staff Report
20. ZMA 24-005 Planning Commission Staff Report
21. Written Correspondence from ZMA No. 23-002
22. Written Correspondence from ZMA No. 24-001/LCPA No. 24-001
23. Written Correspondence from ZMA No. 24-003
24. Written Correspondence from ZMA No. 24-004
25. Written Correspondence from ZMA No. 24-005
26. PowerPoint Presentation