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:
title
Builder's Remedy Ordinance No. 4285
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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:
recommendation
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.
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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.
The City of Huntington Beach (like most cities in the U.S.) uses zoning as the legal mechanism to control devel...
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