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File #: 23-226    Version: 1
Type: Public Hearing Status: Passed
File created: 3/2/2023 In control: City Council/Public Financing Authority
On agenda: 3/7/2023 Final action: 3/7/2023
Title: Builder's Remedy Ordinance No. 4285
Attachments: 1. Att #1 Ordinance No. 4285 with Leg Draft, 2. Att #2 Planning Commission Agenda Packet, 3. 3/7 Sup Com - Kennedy Commission Letter, 4. 3/7 Sup Com - HCD Letter, 5. 3/7 Sup Com
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
body

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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