REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Hayden Beckman, Senior Planner
Subject:
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Adopt Resolution No. 2023-02 to approve Zoning Text Amendment (ZTA) No. 22-004 regarding Medical Services in the Beach and Edinger Corridors Specific Plan (BECSP)
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Statement of Issue:
The proposed Zoning Text Amendment (ZTA) would amend the Beach and Edinger Corridors Specific Plan (BECSP) to allow Medical Services on the ground floor within the Neighborhood Center Segment. The Planning Commission and staff recommend approval.
Financial Impact:
Not Applicable.
Recommended Action:
recommendation
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Find that Zoning Text Amendment No. 22-004 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA and no further environmental review or documentation is required (Attachment No. 1); and,
B) Approve Zoning Text Amendment No. 22-004 with findings (Attachment No. 1) and adopt Resolution No. 2023-02, “A Resolution of the City Council of the City of Huntington Beach Approving an Amendment to the Beach and Edinger Corridors Specific Plan (SP14) (Zoning Text Amendment No. 22-004)” (Attachment No. 2).
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Alternative Action(s):
The City Council may make the following alternative motions:
1. Do not approve Zoning Text Amendment No. 22-004.
2. Continue Zoning Text Amendment No. 22-004 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: Brian Mills, ROAM Commercial Realty, 30941 Augusta Drive, Laguna Nigel CA 92677
Zoning Text Amendment No. 22-004 is a request to amend the Beach Edinger Corridors Specific Plan (BECSP) to allow Medical Services on the ground floor within the Neighborhood Center Segment.
B. BACKGROUND
Currently, all Medical Services that are proposed within the Neighborhood Center Segment of the BECSP must be located above the ground floor. In other commercial zoning districts throughout the City, the same uses are permitted on the ground floor. This proposed amendment would allow Medical Services as an allowed use on the ground floor of properties located within the Neighborhood Center Segment of the BECSP.
In June 2022, the applicant applied for a ZTA to draft the necessary amendment to the BECSP to allow Medical Services on the ground floor within the Neighborhood Center Segment (Attachment No. 5).
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On January 10, the Planning Commission held a public hearing on the ZTA. The applicant was the only public speaker on the item. No written comments were received prior to the public hearing. The Planning Commission recommended approval of the request to the City Council.
Planning Commission Action on January 10, 2023:
A motion was made by Twining, seconded by Wood, to recommend to the City Council: 1. Approval of ZTA No. 22-004; and 2. Council consideration for reimbursing the applicant an amount from the application fees collected by the City to initiate the request, carried by the following vote:
AYES: Acosta-Galvan, Twining, Pullman, Strook, Rodriguez, Wood
NOES: None
ABSTAIN: None
ABSENT: Adam
MOTION PASSED
The Planning Commission’s recommendation to City Council also included a request to consider reimbursing the applicant’s fee for a Minor Zoning Text Amendment, in the amount of $20,127. Commissioners expressed an interest in reimbursement given that the applicant’s effort will benefit multiple other property owners within the Neighborhood Center Segment, and the fact that any sitting Councilmember could have initiated the ZTA request without incurring a fee.
Although staff and the Planning Commission do not have the authority to waive fees, staff researched applicable codes and policies regarding reimbursement procedures, which are established only for applicant-initiated reimbursement requests. Current policy allows for full or partial refunds when an applicant withdraws an application based on where the application is at in the process and how much work has been completed. In this case, staff does not have the mechanism based in current code to enable a full or partial refund of the aforementioned application fee. The decision to reimburse the applicant an amount of the application fee is at the sole discretion of the City Council.
D. STAFF ANALYSIS:
The January 10, 2023, Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No. 4). In summary, staff and the Planning Commission recommend approval of ZTA No. 22-004 based on the following reasons:
1. It is consistent with general land uses, programs, goals and policies of the General Plan.
2. It addresses a community need for health and wellness by expanding accessibility to Medical Services to a core area of the City, and could facilitate the establishment of new businesses and job creation in the City.
3. It enables property owners more options to lease vacant tenant spaces in existing commercial centers.
Environmental Status:
ZTA No. 22-004 is within the scope of the BECSP Program Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA, and no further environmental review or documentation is required.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Suggested Findings of Approval of ZTA No. 22-004
2. Resolution No. 2023-02 for ZTA No. 22-004
3. ZTA No. 22-004 Legislative Draft and Revised BECSP Sections 2.1.5
4. January 10, 2023 Planning Commission Staff Report
5. Narrative received and dated August 22, 2022
6. PowerPoint Presentation