City of Hermosa Beach - File #: REPORT 24-0226

File #:

REPORT 24-0226 Version: 1

Name:

Type:

Action Item

Status:

Public Hearing

File created:

5/8/2024

In control:

Planning Commission

On agenda:

5/21/2024

Final action:

Title:

REQUEST FOR A ZONE TEXT AMENDMENT (TA) 24-02 TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED-USE DEVELOPMENT, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND DETERMINE THAT[AO1] THE ZONE TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Carrie Tai)

Attachments:

1. 1. Draft PC Resolution 24-XX and Draft Ordinance, 2. 2. Redlined Zoning Text Changes, 3. 3. Ordinance 23-1471, 4. 4. Link to the December 21, 2021 City Council Staff Report, 5. 5. Link to June 20, 2023 Planning Commission Staff Report, 6. 6. Link to July 11, 2023 City Council Staff Report, 7. 7. Link to July 18, 2023 Planning Commission Staff Report, 8. 8. Link to August 8, 2023 City Council Staff Report, 9. 9. Link to August 15, 2023 City Council Staff Report, 10. 10. Link to September 19, 2023 Planning Commission Staff Report, 11. 11. Link to October 10, 2023 CIty Council Staff Report, 12. 12. Link to October 24, 2023 City Council Staff Report, 13. 13. Link to November 14, 2023 City Council Staff Report, 14. 14. Link to December 12, 2023 City Council Staff Report, 15. 15. SUPPLEMENTAL - Laura Pena eComment 5/21/24

Staff Report Text

Honorable Chair and Members of the Hermosa Beach Planning Commission

Regular Meeting of May 21, 2024

Title

REQUEST FOR A ZONE TEXT AMENDMENT (TA) 24-02 TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED-USE DEVELOPMENT, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND DETERMINE THAT THE ZONE TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

(Community Development Director Carrie Tai)

Body

Recommended Action:

Recommendation

Staff recommends Planning Commission adopt Resolution No. 24-XX recommending City Council approve Zone Text Amendment 24-02, thereby amending Hermosa Beach Municipal Code (HBMC) related to standards for mixed-use developments, review processes, and reducing multi-family residential parking requirements, and determine that the amendment is consistent with the PLAN Hermosa Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA).

Body

Executive Summary:

The City Council adopted the revised 2021-2029 Housing Element on August 8, 2023 and has submitted the Housing Element to the California Department of Housing and Community Development (HCD) for certification several times. HCD issued a comment letter on April 5, 2024, indicating that the City must amend certain zoning regulations to comply with State law and effectively implement the Housing Element. Staff presents these revisions, with an accompanying resolution for recommendation to the City Council.

Background:

The City Council adopted the revised 2021-2029 Housing Element on August 8, 2023. Because the City is past the State deadline for certification of its Housing Element, State Law now requires the City to complete zone changes prior to certification of the Housing Element. The Housing Element-related zone changes were advanced in parallel during the revision and adoption of the Housing Element. The Planning Commission conducted study sessions regarding Housing Element-related zoning changes on March 21, 2023, June 20, 2023, July 18, 2023, and August 15, 2023.

At its October 24, 2023 meeting, City Council conducted a public hearing and approved the recommended Housing Element-related zoning changes, adopting Ordinance 23-1471 (Attachment 3) on November 13, 2024. At its December 12, 2023 meeting, City Council conducted a public hearing and approved the Land Value Recapture Program, adopting Ordinance 23-1473 on January 24, 2024.

On April 5, 2024, the City received a comment letter from HCD requesting additional information and analysis. HCD included comments about several aspects of the City’s Housing Element-related zoning changes pertaining to: 1) amount of residential development in mixed-use development standards; 2) review processes for affordable housing projects; and 3) multi-family parking requirements. Staff proposes to amend several sections that were amended in Ordinance 23-1471 to address HCD’s comments.

Past Board, Commission and Council Actions

Meeting Date	Description
November 16, 2021	The Planning Commission conducted a public hearing and considered the revised 2021-2029 Housing Element in response to the comment letter received from California Department of Housing and Community Development (HCD), requesting added sites revisions, and forwarded a recommendation to the City Council to adopt and authorize submittal to HCD.
December 21, 2021	City Council conducted a public hearing, adopted the 2021-2029 Housing Element, and authorized submission to HCD.
December 5, 2022	Planning Commission held a special meeting to review Housing Element efforts, HCD comments, and discussed integration of the Housing Element and Zoning Update efforts.
March 21, 2023	Planning Commission conducted a study session to discuss rezoning approaches for Housing Element implementation.
June 20, 2023	Planning Commission conducted a public hearing, recommended the City Council adopt the Housing Element, and discussed zoning text amendments.
July 18, 2023	Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for Housing Element implementation.
August 8, 2023	City Council conducted a public hearing and adopted the revised 2021-2029 Housing Element.
August 15, 2023	Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for the Housing Element implementation.
September 19, 2023	Planning Commission conducted a public hearing and recommended the City Council adopt the Housing Element General Plan Map Changes, Zoning Map Changes, and Zoning Text Amendment, with several minor revisions.
October 17, 2023	Planning Commission reviewed minor revisions to the Zoning Text Amendment discussed on September 19, 2023 and adopted a resolution reflecting those revisions.
October 24, 2023	City Council approved Zone Change 23-01 and Zone Text Amendment 23-02, moving Planning Commission recommendation and deferred Section 17.39.050 from the Draft Ordinance relating to Land Value Recapture.
November 14, 2023	City Council adopted Ordinance 23-1471 for Zone Text Amendment 23-02.
December 12, 2024	City Council approved Zone Text Amendment 23-02-B, approving the Land Value Recapture Program and amending certain criteria for affordable housing in Section 17.30.050
January 24, 2024	City Council adopted Ordinance 23-1473 for Zone Text Amendment 23-02b.

Discussion:

Proposed Zoning Text Amendment Revisions

The following zoning changes were identified by HCD as needing revisions.

Section	Topic	Revision
17.40.180	Mixed-Use Development	For (--HE Overlay sites) developed with mixed-use, requires residential uses to occupy 50% of the floor area. (State law consistency)
17.42.250	Work/live developments	For (--HE Overlay sites) developed with mixed-use, requires residential uses to occupy 50% of the floor area. (State law consistency)
17.44.020(B)	Parking Requirements	Add reference to 17.44.020(F) for parking requirements for affordable housing.
17.44.020(C)	Parking Requirements	For Multiple dwellings (three or more units), eliminate guest parking requirements. Add reference to 17.44.020(F) for parking requirements for affordable housing.
17.44.020(F)	Parking Requirements - Affordable Housing	Change threshold for qualified residential projects with 15% or more very-low or low-income units, or 25% or more moderate-income units.
17.58.020(B)	Review Authority - By Right Housing Developments	In the Precise Development Plan section, indicate that residential projects with a minimum of 20% lower-income units and density bonus projects are subject to a non-discretionary PDP, which are a staff level decision and exempt from CEQA. (State law consistency)

A resolution with a draft ordinance for the revised sections has been included as Attachment 1. The redlined sections displaying the changes to the affected sections of Ordinance 23-1471 are included as Attachment 2.

Timing of Effectiveness of Housing Element-related Ordinances

The Housing Element-related zoning changes, memorialized in Ordinance 23-1471 and 23-1473, are slated to take effect upon HCD’s certification of the Housing Element, which has not yet occurred. Because Ordinance 23-1471 has not yet taken effect, the proposed Zoning Text Amendment would not change any regulations currently in practice. If approved, the proposed Zoning Text Amendment would alter Ordinance 23-1471 only and would not affect Ordinance 23-1473.

The proposed Zoning Text Amendment would also take effect upon HCD’s certification of the Housing Element. Staff has included a section in the draft Ordinance indicating that the proposed Zoning Text Amendment would amend Ordinance 23-1471 first, then collectively take effect. The language in the proposed Zoning Text Amendment would prevail over language in Ordinance 24-1471 in the event of any conflicts.

General Plan Consistency:

PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017. Since the State requires General Plan Housing Elements in 8-year cycles, the last Housing Element for the 2014-2021 cycle had been recently updated and was not included in the development of PLAN Hermosa. Upon adoption, the 2021-2029 Housing Element will become a component of the PLAN Hermosa General Plan. The purpose of the Zoning Ordinance is to implement the General Plan.

Environmental Determination:

Pursuant to the California Environmental Quality Act (CEQA), the City evaluated the proposed General Map Change, Zoning Changes, and Zone Text Amendments against the PLAN Hermosa Final Environmental Impact Report (EIR) (State Clearinghouse Number 2015081009), certified on August 22, 2017, and determined that an Addendum to the PLAN Hermosa Final EIR is the appropriate document for disclosing changes to the PLAN Hermosa EIR in accordance with Section 15162 through of the CEQA State Guidelines, in that there are no significant effects not previously discussed in the PLAN Hermosa Final EIR.

Public Notification:

For the May 21, 2024 Planning Commission public hearing, a legal ad was published on May 9, 2024 in the Easy Reader, a newspaper of general circulation. An email announcement was also sent to subscribers of both the Housing Element topics and the Zoning Ordinance topics. Public notification materials are included as Attachment 4.