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HomeMy WebLinkAboutORD-16-1371 (AMEND ZONING MAP & MC)1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R ORDINANCE NO. 16-1371 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE, CHAPTER 17 (ZONING), TO MAKE THEM CONSISTENT WITH THE ADOPTED 2013-2021 GENERAL PLAN HOUSING ELEMENT BY REMOVING THE AFFORDABLE HOUSING OVERLAY ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby approves the following zone text amendments: Section 1.1. Section 17.06.010 of Chapter 17.06 of Title 17 of the Hermosa Beach Municipal Code, is amended to remove the name "Affordable Housing Overlay Zone" from the list of established zoning districts. Section 1.2. Section 17.26.03 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is amended to delete "lower income multiple -family dwellings" from the alphabetical list of land uses. Section 1.3. The definition of "lower -income multiple -family dwelling" in Section 17.04.040 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: "Lower -income multiple -family dwelling" means two-family dwelling and multiple dwelling, where all dwelling units are affordable to lower -income households. This definition includes owner -occupied and rental dwelling units. Section 1.4. Section 17.42.130 of Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code is deleted in its entirety. Section 1.5. The Zoning Map is amended to modify properties designated as C- 3/AH-0 General Commercial Affordable Housing Overlay, to C-3 General Commercial and is attached hereto as Exhibits A and B. Page 1 of 3 16-1371 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R SECTION 2. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(b)(3) because it can be seen with certainty that the project will not result in a direct or reasonably foreseeable indirect physical change in the environment because the project involves changes to the Zoning Map and text of the Zoning Ordinance to bring them into conformance with the City's 2013-2021 General Plan Housing Element, and no physical changes to the environment are involved. SECTION 3. The City Council finds that the proposed amendments to the Zoning Code and Zoning Map are consistent with the City's General Plan because they will remove the Affordable Housing Overlay zoning district, which was not included in the 2013-2021 General Plan Housing Element, due to the reduction in the City's Regional Housing Need Allocation from 562 units to 2 units. SECTION 4. In accordance with Section 65863(b) of the Government Code, a city may not reduce the allowable general plan or zoning density of any residentially designated parcel or approve a project with a density below the density that was utilized by the Department of Housing and Community Development (HCD) when determining whether the city's housing element complied with state law unless the city makes both of the following findings, supported by substantial evidence: • The proposed reduction in density is consistent with the General Plan, including the Housing Element, because the 2013-2021 Housing Element did not include the Affordable Housing Overlay (AH-O) zoning district due to action at that time by the Department of Housing and Community Development (HCD) to reduce the City's Regional Housing Need Allocation (RHNA) from five hundred sixty-two (562) units to two (2) units for the 2013-2021 period. • The remaining sites identified in the Housing Element are adequate to accommodate the jurisdiction's share of the Regional Housing Need Allocation (RHNA), because the RHNA of five hundred sixty-two (562) units for the period 2008-2014 was reduced to two (2) units for the period 2013-2021, and two (2) units can be accommodated by the small residentially zoned lots that dominate the majority of the city's residential land area. Page 2 of 3 16-1371 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the "Easy Reader," a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage of this Ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of October, 2016 by the following vote: AYES: Armato, Duclos, Massey, Petty, Mayor Fangary NOES: None ABSENT: None ABSTAIN: None PRESIDENT of the City Council and MA ATTEST: /-o, City Clerk City of Hermosa Beach, California APPROVED AS TO FORM: J City Attorney Page 3 of 3 16-1371 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 16-1371 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at an adjourned regular meeting held at the regular meeting place thereof on the 13th day of October, 2016, and the Ordinance will be published in the Easy Reader newspaper on October 27, 2016. The vote was as follows: AYES: Armato, Duclos, Massey, Petty, Mayor Fangary NOES: None ABSENT: None ABSTAIN: None DATED: October 13, 2016 City Cler