REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chief Eric Parra, Interim City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Hayden Beckman, Senior Planner
Subject:
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Consider the Bolsa Chica Senior Living Community Project - Adoption of Resolution No. 2023-51 approving General Plan Amendment No. 21-004; introduction of Ordinance No. 4305 approving Zoning Map Amendment No. 21-003; adoption of Resolution No. 2023-53 approving Zoning Text Amendment No. 22-005; adoption of Resolution No. 2023-52 certifying Environmental Impact Report (EIR) No. 21-004; and, consider appeals by Council Member Burns and Brian Thienes of the Planning Commission’s approval of Conditional Use Permit No. 21-024
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Statement of Issue:
Transmitted for City Council’s consideration is a request by Hines to establish the Bolsa Chica Senior Living Community Specific Plan to enable the redevelopment of an approximately 3.10 acre project site consisting of two parcels into a new four-story 244,295 sq. ft. convalescent facility (at a maximum overall height of 52 ft.) with on-site alcohol sales and consumption. The facility would consist of 178 total units, a subterranean parking garage, and associated hardscape and landscape improvements on a site with an existing grade differential above 3 ft. involving the excavation of more than 25,000 cubic yards of soil. This request represents a reduced project that what was reviewed by the Planning Commission.
On September 26, 2023, the Planning Commission approved a conditional use permit (CUP) and recommended approval of a proposed Specific Plan and associated legislative amendments to the City Council, for the construction of a convalescent facility that consisted of five stories, 298,000 sq. ft. at an overall height of 65 ft. and included a total of 202 units (original project). The CUP for the original project was subsequently appealed to the City Council by Council Member Burns and Brian Thienes. The appeal of the CUP and the legislative amendments are presented within this staff report for action by the City Council.
On November 7, 2023, the original project was scheduled for action by the City Council. Prior to the opening of the public hearing, the applicant requested that the item be continued to the December 19, 2023 meeting in order to conduct additional community outreach. The applicant subsequently held two open house meetings at the Harbour View Clubhouse, on Monday November 27 and December 4, 2023 to provide the public with additional review opportunities and the ability to discuss the proposed project with the applicant team. As a result of these discussions with the community, the applicant has voluntarily modified the original project to the proposed project, as summarized by Table 1 below.
Table 1 - Proposed Changes to Original Project
|
Standard |
Current Code |
Original Project |
Reduced Proposed Project |
|
Maximum Height |
50 ft. |
65 ft. |
52 ft. |
|
Stories |
N/A |
5 |
4 |
|
# of Units |
N/A |
202 |
178 |
|
Unit Mix |
N/A |
102 Independent Living 72 Assisted Living 28 Memory Care |
77 Independent Living 73 Assisted Living 28 Memory Care |
|
Floor Area Ratio (FAR) |
1.5 |
2.42 |
1.99 |
|
Gross Square Feet |
N/A |
298,000 |
244,295 |
|
Parking |
207 - original 173 - reduced or Parking Study |
193 Spaces* |
162 Spaces** |
*Per Parking Demand Study (189 subterranean; 4 at-grade)
** Reduced proposed project will have a reduced parking demand of 162 total spaces
Financial Impact:
Not applicable.
Actions:
recommendation
The City Council may take the following actions or alternative actions:
Applicant’s Request (Proposed Project)
A) Certify Final Environmental Impact Report No. 21-004 (Attachment No. 16) as adequate and complete in accordance with California Environmental Quality Act (CEQA) requirements by approving City Council Resolution No. 2023-52, “A Resolution of the City Council the City of Huntington Beach Adopting Environmental Impact Report No. 21-004 for the Bolsa Chica Senior Living Community Project” (Attachment No. 2); and
B) Approve General Plan Amendment No. 21-004 and City Council Resolution No. 2023-51, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 21-004” (Attachment No. 3); and
C) Approve Zoning Map Amendment No. 21-003 and approve for introduction City Council Ordinance No. 4305, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Generally Located on the Southwest Corner of Warner Avenue at Bolsa Chica Street from CG (Commercial General) to SP-19 (Bolsa Chica Senior Living Community Specific Plan)” (Attachment No. 4); and
D) Approve Zoning Text Amendment No. 22-005 and City Council Resolution No. 2023-53, “A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 22-005 by Creating the Bolsa Chica Senior Living Community Specific Plan (SP-19) to Apply to Real Property at the Southwest Corner of Warner Avenue at Bolsa Chica Street” (Attachment No. 5); and
E) Deny two appeals and uphold the Planning Commission’s approval of Conditional Use Permit No. 21-024 with findings and conditions of approval (Attachment No. 1).
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Alternative Action(s):
The Council may also take one of the following alternative actions:
1. Deny General Plan Amendment No. 21-004/Zoning Map Amendment No. 22-003/Zoning Text Amendment No. 22-005/Conditional Use Permit No. 21-024/EIR No. 21-004.
2. Continue General Plan Amendment No. 21-004/Zoning Map Amendment No. 22-003/Zoning Text Amendment No. 22-005/Conditional Use Permit No. 21-024/EIR No. 21-004, and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL
Applicant: Tom Lawless, Hines, 444 S. Flower Street, Suite 2100, Los Angeles CA 90071
Property Owners: Manny Khoshbin, 18071 Fitch, Suite 100, Irvine CA 92614; and
FKOA Warner, LLC, 17280 Hampton Lane, Huntington Beach CA 92649
The project includes the following requests:
General Plan Amendment (GPA) No. 21-004 to amend the land use designation of the project site from Commercial General (CG) to Mixed Use (MU) with a Specific Plan Overlay;
Zoning Map Amendment (ZMA) No. 21-003 to amend the zoning designation of the project site from Commercial General (CG) to Specific Plan (SP-19);
Zoning Text Amendment (ZTA) No. 22-005 to establish the Bolsa Chica Senior Living Community Specific Plan (BCSLC) for the subject site;
Conditional Use Permit (CUP) No. 21-024 to demolish 50,000 sq. ft. of existing commercial space and construct a new four-story 244,295 sq. ft. convalescent facility with on-site alcohol sales and consumption at a maximum overall height of 52 ft., consisting of 178 total units, a subterranean parking garage, and associated hardscape and landscape improvements on a site with a grade differential above three feet that involves the excavation of more than 25,000 cubic yards of soil; and
Environmental Impact Report (EIR) No. 21-004 to analyze the potential environmental impacts associated with the proposed project.
The proposed EIR, GPA, ZMA, and ZTA are prerequisites to allow the applicant to develop the proposed project. Construction of the project is subject to the approval of a CUP pursuant to the requirements of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and was processed to the Planning Commission along with the other project requests. The staff report for the September 26, 2023 Planning Commission public hearing (Attachment No. 17) provides a more detailed description and analysis of the original project.
At the September 26, 2023 meeting, the Planning Commission approved CUP No. 21-024 with findings and conditions of approval. Two appeals of the Planning Commission’s approval of CUP No. 21-024 were filed within the 10-day appeal period that ended on October 6, 2023. The appeal of CUP No. 21-024 is presented for Council consideration concurrently with the other applications that make up the project request.
B. PLANNING COMMISSION ACTION ON SEPTEMBER 26, 2023
The Planning Commission held a public hearing to consider the original project on September 26, 2023. After the staff and applicant presentations, there were a total of 15 public speakers, 6 in favor and 9 opposed, during the hearing. Several speakers were in support of a new senior living community to provide new senior housing opportunities given the present state of the commercial property market. The remainder spoke in opposition to the proposed project, citing concerns regarding the proposed project’s height and location as it pertains to perceived impacts to traffic and neighborhood compatibility. After discussing the height of the project and the scope of the environmental analysis, the Planning Commission voted to recommend approval of the EIR, GPA, ZMA, and ZTA and to approve the CUP.
On a motion made by Commissioner Twining and seconded by Commissioner Wood, the Planning Commission voted to approve CUP No. 21-024 and to recommend to the City Council approval of EIR No. 21-024, GPA No. 21-004, ZMA No. 22-003, and ZTA No. 22-005 by the following vote:
AYES: Pellman, Wood, Twining, Acosta-Galvan, Rodriguez, Adam
NOES: Kennedy
ABSTAIN: 0
ABSENT: 0
MOTION PASSED
C. APPEALS
Two appeals of the Planning Commission’s approval of the subject CUP were filed on Friday, October 5, 2023 within the 10 day appeal period (Attachments No. 11 and 12). Councilmember Burns cited a desire to have the City Council review and consider all project requests concurrently in his appeal of the Planning Commission’s action on CUP No 21-024. As such, the CUP is presented to the Council for consideration concurrently with the other requests (GPA, ZMA, ZTA and EIR).
A second appeal was also filed on October 5, 2023 by Brian Thienes, in a letter prepared by Michael McMahon (Attachment No. 12). The letter outlines multiple comments, including comments on the suggested findings for the Conditional Use Permit, as well as multiple comments that pertain to the Final EIR. Comments on the analysis of the proposed project discussed in the EIR have largely been responded to in the document’s Response to Comments section, which is published online (see Attachment No. 16). In addition, the City’s consultant, LSA, has reviewed the appellant’s comments and provided a response (Attachment No. 13). The appellant’s letter ascertains “specific deficiencies in the findings approved by the Planning Commission” through comments referring to the suggested findings to approve the Conditional Use Permit, specifically the second CUP finding as required by Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 241.10, that the granting of the conditional use permit will not adversely affect the General Plan. The appellant’s comments are outlined in italics and provided with staff responses below.
1. “The findings justifying the foregoing goals and policies are simply conclusory statements, unsupported by substantial evidence in the administrative record, as required by law. The fact is that the Project is not consistent with the overall goals and needs of the community, is not of compatible proportion, scale and character to complement the adjoining uses, does not intensify the use or strengthen the roles of architecture, landscaping, site design and development patterns, and will not provide a housing range that meets diverse economic and social needs or maintain and protect the neighborhood character.”
The comment contends that the identified Land Use Element goals and policies as provided in the suggested findings for the proposed project’s consistency with the General Plan are inaccurate and unsupported by the administrative record. While suggested findings are conclusory statements, they are directly supported by the entirety of the administrative record of this project including, but not limited to the staff reports, project plans, draft Specific Plan, the Draft EIR including its appendices, and the Final EIR including the Response to Comments, which have been made publicly available on the City’s website. The comment portends to provide the appellant’s opinion as fact, which is in and of itself unsupported by evidence. The administrative record for this project is substantial and every processing requirement by law has been met.
2. “Housing Element
Goal H1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach.
Policy H2.1: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost, and location emphasizing locations near services and transit that promote walkability.
…The Project will not enhance the affordability of existing housing, nor will it provide a site opportunity to develop housing that meets the diverse community needs in terms of housing type and cost.”
Goal H1 and Policy H2.1 identified by the above comment are together an appropriate reference from the Housing Element of the General Plan to support approval of the project in that the project increases the housing stock by providing new senior housing units in addition to assisted living units and memory care with special services to meet the diverse needs of the community. The project is an infill project on an underutilized commercial property in response to a community need for additional senior housing opportunities. As seniors make the decision to transition to assisted living communities, existing housing units, particularly single-family residences, in the community may become available, helping to meet the demand for family housing. Further, the proposed project site is located near neighborhood serving commercial uses and services within walking distance for active seniors living at the site as well as workers employed at the facility. The appellant does not provide information on how the referenced policies would not be applicable.
3. “Furthermore, Mr. Thienes objects to the method by which the CUP was approved, specifically consideration of the CUP separately from the General Plan amendment, Zoning Map Amendment, and certification of the EIR. If the CUP were unchallenged, the City Council would be robbed of the availability to modify the findings and conditions while considering the legislative amendments and certification of the EIR. Since no conditions can be placed on legislative amendments, this bifurcated approval method usurps decision making authority that rightly belongs to the City Council. ”
Establishment and operation of a convalescent use is subject to the review and approval of a CUP by the Planning Commission pursuant to the proposed specific plan and HBZSO Chapter 241.04. The legislative applications (GPA/ZMA/ZTA/EIR) are subject to the final approval and adoption of the City Council. Accordingly, the suite of entitlement applications that comprise the project proposal were presented to the Planning Commission for review and consideration, and only the Conditional Use Permit was subject to final approval unless appealed to the City Council. The Planning Commission is enabled to render recommendations to the City Council for legislative applications. The process for approval is spelled out in the Huntington Beach Zoning and Subdivision Ordinance and does not include a bifurcated process. No processing violation has occurred as the CUP process to the Planning Commission is a code requirement. In any case, the CUP is being considered by the City Council with the rest of the project applications as part of this request and public hearing.
The remaining portions of the appeal letter contain comments and concerns regarding the project’s EIR and are addressed in a memorandum by the City’s environmental consultant LSA (Attachment No. 13). Staff’s recommendation to certify the EIR as adequate and complete is based on the requirements of Section 15151 of the California Environmental Quality Act (CEQA). In addition, the appeal letter does not raise new information that was not previously addressed in the Draft and Final EIR. All findings of the EIR are supported by substantial evidence contained within the administrative record.
It should be noted that prior to the publication of the agenda including this staff report, counsel for the appellant requested that the public hearing for the subject project be delayed by 60 - 90 days, as they are “in the process of compiling expert analysis of the project’s significant land use and environmental impacts and require additional time in order to be able to provide the council with this information…”. The Draft EIR for the project was released for public review and comment on May 1, 2023, ending June 15, 2023 and subsequently the Planning Commission public hearing was scheduled on September 26, 2023. As such, the EIR has been available to the public for six months, and the findings for the project have been available since the Planning Commission staff report was published for the September 26th meeting (approximately six weeks).
D. STAFF ANALYSIS
The staff report for the September 26, 2023 Planning Commission hearing (Attachment No. 17) provides a more detailed description and comprehensive analysis of the original project, including the GPA, ZMA, ZTA and EIR requests before the City Council, as well as the CUP that was approved by the Planning Commission.
As of the date of publication for the December 19, 2023 City Council meeting, City Staff has reviewed the revised project plans and updated draft Specific Plan and evaluated the proposed revisions for consistency with the analysis contained within the Draft Final EIR, Planning Commission recommended findings, and legislative requests. The proposed revisions constitute an overall reduction of the original project, resulting in a proposed project that is 13 feet lower (1 story), contains 24 fewer units and 53,000 square feet less than the original. As such, the resulting proposed project as compared to the original project would result in fewer potential impacts and greater compatibility with the surrounding neighborhood.
In summary, after consideration of the project and all testimony during the public hearing, the City Council is requested to take action on the project. Actions to approve the project (GPA, ZMA, ZTA, CUP, and EIR) may be based on the following:
- EIR No. 21-004 is adequate and complete in that it has identified all potential environmental impacts associated with the project.
- All significant environmental impacts which can be feasibly mitigated or avoided have been mitigated or avoided by incorporation of Project Design Features, standard regulatory requirements, and mitigation measures.
- The EIR was prepared in compliance with CEQA Guidelines.
- The GPA, ZMA, and ZTA are consistent with the General Plan and its goals and policies.
- The request will allow development of a new senior living community on the subject site to service senior residents in need of opportunities to age in place with professional care services.
- The project will enhance the local economy, create jobs, and provide additional senior housing stock.
Environmental Status:
The staff report for the September 26, 2023 Planning Commission public hearing (Attachment No. 17) provides a detailed description and comprehensive analysis of EIR No. 21-004. The proposed project changes would not result in new significant environmental effects or cause a substantial increase in the severity of a significant environmental effect such that new mitigation is required. None of the conditions under Section 15088.5 of the CEQA Guidelines would occur as a result of the project changes. As such, recirculation of the EIR is not required. The City Council may certify the EIR because it is adequate and complete in that it has identified all significant environmental effects of the project. All significant environmental impacts which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation of Project Design Features, standard code requirements, and mitigation measures. Lastly, the EIR was prepared in compliance with CEQA Guidelines.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Suggested Findings and Conditions of Approval of ZMA 21-003, ZTA No. 22-005, and CUP No. 21-024
2. Resolution No. 2023-52 for EIR No. 21-004
3. Resolution No. 2023-51 for GPA No. 21-004
4. Ordinance No. 4305 for ZMA No. 21-003
5. Resolution No. 2023-53 for ZTA No. 22-005
6. Draft Bolsa Chica Senior Living Community Specific Plan (SP-19) dated December 11, 2023
7. Vicinity Map
8. Existing and Proposed General Plan Land Use Designation Maps
9. Existing and Proposed Zoning Maps
10. Site Plan, Floor Plans, and Elevations received and dated December 11, 2023
11. Appeal Memo from Councilmember Burns received and dated October 5, 2023
12. Appeal Letter from Brian Thienes received and dated October 5, 2023
13. LSA Memorandum Responding to Appellant Comments regarding EIR
14. Project Narrative
15. Draft Mitigation and Monitoring Program
16. Final EIR No. 21-004 (includes Draft EIR, Appendices, Response to Comments, and Errata) not attached but available at <https://www.huntingtonbeachca.gov/government/departments/planning/environmental-reports/environmental-report-view.cfm?ID=62>
17. Planning Commission Staff Report dated September 26, 2023 (Original Project)
18. Presentation
19. LSA Memorandum regarding EIR and Proposed Project
20. Johnathan Bonwit email regarding the EIR, dated November 3, 2023 and Responses to Johnathan Bonwit email
21. Communications received through 11/13/2023
22. Communications received through 12/13/2023