HomeMy WebLinkAboutCC Res 7705 2025-10-27 RESOLUTION 7705
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT, ADOPTING FINDINGS OF FACT AND A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM, UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR THE 2021-2029
HOUSING ELEMENT UPDATE; AND ZONING CODE
UPDATE INCLUDING AMENDMENTS TO THE ZONING
CODE, ZONING MAP; AND THE MAIN STREET SPECIFIC
PLAN, FOR IMPLEMENTATION OF THE 2021-2029
HOUSING ELEMENT, TO FULFILL STATE HOUSING LAW
(STATE CLEARINGHOUSE NO. 2023110425)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. PROJECT BACKGROUND.
A. The State of California requires every municipality to periodically update the
Housing Element of its General Plan to review the housing needs of the community and
revise its policies, programs and objectives to address those needs. Jurisdictions such as
the City of Seal Beach that are within the Southern California Association of Governments
region are required to update their Housing Elements for the 6th planning cycle, which
covers the 2021-2029 period.
B. California Government Code Section 65583 requires that the Housing
Element contain: (i) an assessment of the City's housing needs and an analysis of the
resources and constraints, both governmental and non-governmental, relevant to the
meeting of these needs; (ii) an inventory of land suitable and available for residential
development and an analysis of the development potential of such sites; (iii) a statement
of the community's goals, quantified objectives, and policies relative to affirmatively
furthering fair housing and to the maintenance, preservation, improvement, and
development of housing; and (iv) programs that set forth a schedule of actions the local
government is undertaking or intends to undertake to implement the policies and achieve
the goals and objectives of the Housing Element Update.
C. The City' s share of the regional housing need, or Regional Housing Needs
Assessment (RHNA) was established at 1,243 units in the Regional Housing Needs
Assessment Plan prepared and adopted by the Southern California Association of
Governments (SCAG) in March 2021. The allocation establishes the number of new units
needed, by income category, to accommodate expected population growth over the
planning period of the Housing Element.
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D. State law requires the Housing Element to identify adequate sites to
accommodate the City's RHNA for all income categories, and the Housing Element
Update identifies sites that can accommodate housing exceeding the City's RHNA.
E. Following an extensive public review and comment period beginning in
2021, and consultation with HCD, review by the Orange County Airport Land Use
Commission and the Joint Forces Training Base at Los Alamitos, respectively, and a
public hearing held before the Seal Beach Planning Commission, on February 7, 2022,
the City Council conducted a duly noticed public hearing regarding the Draft 2021-2029
Housing Element Update and based upon findings and substantial evidence in the record,
including written and oral staff reports together with public testimony and the
recommendation from the Planning Commission, adopted the 2021-2029 Housing
Element Update.
F. On February 9, 2022, the adopted Housing Element was transmitted to
HCD pursuant to State law.
G. On April 18, 2022, the City received a written letter from HCD finding that
while the Housing Element addresses most statutory requirements described in HCD's
November 19, 2021, letter, revisions will be necessary to comply with State Housing
Element Law.
H. On August 31, 2023, the City transmitted to HCD revised draft Housing
Element for informal review in response to HCD's letter.
On September 27, 2023, a Town Hall meeting was held in Leisure World,
which included a discussion on the draft Housing Element along with a questions and
answers session.
J. On October 17, 2023, a community workshop was held to receive
community feedback on the zoning amendments and objective design standards for the
new mixed use zone
K. On October 30, 2023, the City received a written letter from HCD finding
that the Housing Element addresses many statutory requirements, but also notifying the
City that revisions would be necessary to comply with State Housing Element Law.
L. On December 6, 2023, the Environmental Quality Control Board hosted a
Scoping Meeting for the EIR of the Housing Element and rezone program.
M. On April 19, 2024, the City transmitted to HCD revised draft Housing Element
for informal review in response to the HCD's letter.
N. On June 18, 2024, the City received a written letter from HCD finding that
the Housing Element addresses many statutory requirements, but also advising the City
that revisions would be necessary to comply with State Housing Element Law.
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O. On August 27, 2024, the City transmitted to HCD a revised draft Housing
Element for informal review in response to HCD's letter.
P. On October 17, 2024, the City received a written letter from HCD finding
that the Housing Element meets most of the statutory requirements, but further notified
the City that the Housing Element cannot be found in substantial compliance until the City
has completed the rezoning and adopted the Mixed Commercial/Residential High-Density
Zone and other related actions.
Q. The draft Housing Element dated August 2024 has been posted on the
City's website for public review, since October 2024.
R. On April 30, 2025, the City received a written letter from HCD inquiring
about the status of the City's Housing Element update.
S. On May 19, 2025, the City provided a response letter explaining that in
addition to the series of revisions and resubmittals of the Draft Housing Element to HCD,
the City has been simultaneously preparing for the rezoning efforts as required by HCD
and the required evaluation of the environmental impacts under California Environmental
Quality Act (CEQA) to implement the Zoning Code update. The letter also provided an
estimated timeline to complete the necessary rezoning concurrently with the adoption of
the Housing Element.
T. On June 25, 2025, the Environmental Quality Control Board held a special
meeting to solicit comments regarding the content of the Draft EIR.
U. On September 17, 2025, the Environmental Quality Control Board held a
meeting for a discussion on the Final EIR.
V. To effectuate the Housing Element, by implementing zoning revisions that
will accommodate the capacity for the housing as proposed in the Housing Element
Update to meet the City's RHNA obligation, City staff prepared amendments to the Zoning
Code including the Zoning Map and the Main Street Specific Plan.
W. The City revised the 2021-2029 Housing Element Update in response to the
findings of HCD pursuant to Government Code Section 65585.
X. On October 6, 2025, the Planning Commission conducted a duly noticed
public hearing regarding the Final EIR, Findings of Fact and Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program (Exhibits "A", "B" and
"C" attached hereto), and the proposed 2021-2029 Housing Element Update and
Amendments to the Zoning Code, Zoning Map and Main Street Specific Plan in order to
implement the 2021-2029 Housing Element Update; and following the close of the public
hearing, the Planning Commission adopted Resolution 25-08, on a 3-1 vote,
recommending that the City Council certify the Final EIR and adopt the Findings of Fact
and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting
Program; and further adopted Planning Commission Resolution 25-09, on a 3-1 vote,
recommending that the City Council adopt the 2021-2029 Housing Element Update and
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the Amendments to the Zoning Code, Zoning Map and Main Street Specific Plan in order
to implement the 2021-2029 Housing Element Update.
Y. On October 27, 2025, the City Council conducted a duly noticed public
hearing regarding the Final EIR, Findings of Fact and Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program (Exhibits "A", "B" and
"C" attached hereto), and the proposed 2021-2029 Housing Element Update and
Amendments to the Zoning Code, Zoning Map and Main Street Specific Plan in order to
implement the 2021-2029 Housing Element Update.
Z. Notice of this public hearing was provided as required by law. At the public
hearing, all interested persons were allowed to speak.
AA. The revised Draft Housing Element Update dated August 2024 has been
available online for public review beginning October 2024 at:
https://www.sealbeachca.gov/Departments/Community-Development/Planning-
Development/Housing-Element-Update
BB. In accordance with Section 65585 of the Government Code, the City
Council has reviewed HCD' s comments and the revised Draft Housing Element and finds
that the 2021- 2029 Housing Element has been revised to address each of the findings
made by HCD. The City Council further finds that the 2021- 2029 Housing Element
Update, as revised, will be consistent with the goals and objectives of the Seal Beach
General Plan, particularly the Land Use Element, identifies adequate sites to
accommodate the Regional Needs Housing Assessment on sites that have been
previously identified for development, and substantially complies with the requirements
of State law.
CC. The documents, staff report, and other materials that constitute the record
of proceedings upon which this resolution is based are on file for public examination
during normal business hours at the City of Seal Beach City Hall, Community
Development Department, 211 Eighth Street, Seal Beach, California, 90740.
Section 2. PROJECT DESCRIPTION. The City Council of the City of Seal
Beach does hereby find, determine and declare as follows:
A. 2021-2029 Housing Element Update.
1) In compliance with State law, the City initiated this General Plan
Amendment to update and revise the Housing Element of the General Plan
for the 2021-2029 (Sixth Cycle) planning period, to replace the 2021-2029
Housing Element previously adopted on February 28, 2022.
2) The City of Seal Beach 2021-2029 (Sixth Cycle) Housing Element includes
updated data in compliance with State Housing laws and comments from
the California Department of Housing and Community Development, and a
variety of programs and strategies to address Citywide housing needs and
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priorities. The 2021-2029 Housing Element Update contains goals, policies,
and programs aimed at addressing the City's housing development,
preservation, and rehabilitation needs, including accommodating the City's
RHNA of 1,243 housing units by 2029, encouraging housing to serve lower
income and special needs households, increase access to affordable and
special needs housing, and affirmatively furthering fair housing. The
proposed project does not entitle, propose, or otherwise require the
construction of new development or rehabilitation of existing development,
but rather includes goals and policies to facilitate the development,
preservation, and rehabilitation of housing consistent with existing and
proposed uses identified in the General Plan and as mandated to be
allowed under State law.
B. Zoning Code Amendment and Zoning Map Amendment.
1) The City's 2021-2029 Housing Element Update requires an amendment to
the Zoning Code to establish a Mixed Commercial/Residential High Density
(MC/RHD) Zone as stipulated in Program la of the Housing Element to
provide adequate sites for housing through updates to the Zoning Code,
and Program 1 b of the Housing Element which would allow the
development of housing at a maximum density of 46 units to an acre and a
minimum density of 40 units to an acre, in order to meet the City's Regional
Housing Needs Assessment (RHNA) allocation and requirements outlined
in the Sixth Cycle Housing Element Update.
2) The proposed amendments to the City's Zoning Code establishes the new
MC/RHD Zoning designation along with related development standards in
order to implement the 2021-2029 Housing Element.
3) The City's 2021-2029 Housing Element Update also requires an
amendment to the City's Zoning Map, to change the zoning designation of
the following properties to MC/RHD and High Density Residential (RHD -
33):
• Accurate Storge Site: APN 095-791-18 at 1011, from Residential High
Density (RHD -20) to MC/RHD.
• The Shops at RossmoorAPNs: APNs 086-492-56, 086-492-80, 086-
492-87, 086-492-90, 086-492-92, from General Commercial (CG) to
MC/RHD
• Old Ranch Town Center: APNs 130-861-15, 130-861-16, 130-861-17,
130-861-18, from General Commercial (CG) to MC/RHD.
• Seal Beach Plaza: APNs 095-641-44, 095-641-55, 095-641-57, from
Service Commercial (SC) to MC/RHD.
• Seal Beach Center: APNs: APNs 043-260-02, 043-260-05, from
Service Commercial (SC) to MC/RHD
• 99 Marina Drive, Seal Beach: APN 199-011-01, from Oil Extraction
(OE) to Residential High Density (RHD-33).
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4) Per State law, the City must approve the Zoning Code and the Zoning Map
Amendments concurrently with the adoption of the 2021-2029 Housing
Element Update.
C. Main Street Specific Plan (MSSP).
1) The City's 2021-2029 Housing Element Update requires an amendment to
the MSSP, as stipulated in Program 1 r of the Housing Element which would
allow the development of housing at select locations and on the second
floor or above within the MSSP area, in order for the City to meet its RHNA
allocation and requirements outlined in the 6th Cycle Housing Element
Update. .
Section 4. Environmental Review. Based on the record of the proceedings, the
City Council hereby finds as follows:
A. Pursuant to the California Environmental Quality Act (CEQA) (Public Res.
Code Section 21000 et seq.), the State CEGA Guidelines (14 CCR Section 1500 et seq.),
the City of Seal Beach (the "City") is the lead agency for the Project, as the public agency
with general governmental powers.
B. The City, as lead agency, determined that a Program Environmental Impact
Report ("EIR") should be prepared pursuant to CEQA in order to analyze all potential
adverse environmental impacts of the Project.
C. The City issued a Notice of Preparation ("NOP") of a Draft EIR on November
16, 2023 and circulated the NOP to the State Clearinghouse, public agencies, special
districts, responsible and trustee agencies and other interested parties; as was filed with
the Orange County Clerk and made available at the Seal Beach libraries and Seal Beach
City Hall, Community Development Department and on the City's website for 30-day
public review.
D. A public scoping meeting was held on December 6, 2023, to solicit input
from interested agencies and the public at Seal Beach Council Chamber at 211 Eighth
Street, Seal Beach.
E. The City received oral comments at the scoping meeting and also received
several written comment letters during the public review period which were considered
during the preparation of the Draft EIR.
F. On May 9, 2025, the City initiated the 45-day public review period of the
Draft EIR by filing a Notice of Availability with the State Office of Land Use and Climate
Innovation, publishing the Notice in the Sun Newspaper a newspaper of general
circulation, and releasing the Draft EIR (State Clearinghouse (SCH) No. 2023110425) for
public review and comment to the State Clearinghouse, public agencies, special districts,
responsible and trustee agencies and other interested parties; as was filed with the
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Orange County Clerk and made available at the Seal Beach libraries and Seal Beach City
Hall, Community Development Department and on the City's website.
G. During the 45-day review period, the City received 17 comments and
prepared responses to those comments. None of the comments presented any new
significant environmental impacts or otherwise constitute significant new information
requiring recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5, or
required any changes to the Draft EIR.
H. In accordance with SBMC Section 3.10.005, on June 25, 2025, a duly
noticed public meeting was conducted by the City of Seal Beach Environmental Quality
Control Board (EQCB) during the public comment period on the proposed Draft EIR. The
EQCB received public comments on the Draft EIR, reviewed and provided comments on
the Draft EIR, and forwarded those public comments and the EQCB's comments to the
City staff to be incorporated into the proposed Draft EIR and to be included in the record
to be submitted to the Planning Commission and City Council as part of the Planning
Commission's and City Council's consideration of the proposed Final EIR and Project, in
accordance with SBMC Section 3.10.005(F).
The Final EIR is comprised of the Draft EIR dated May 9, 2025, Appendices
A through G thereto; the Comments submitted by members of the public and agencies,
and Responses to Comments on the Draft EIR (collectively "Exhibit A", attached hereto),
the Findings of Fact and Statement of Overriding Considerations (attached hereto as
Exhibit "B"), and the Mitigation Monitoring and Reporting Program ("MMRP") (attached
hereto as Exhibit "C") for the Project.
J. On October 6, 2025, the Planning Commission conducted a duly noticed
public hearing regarding the proposed Final EIR, and the draft 2021-2029 Housing
Element Update, and Zoning Code, the Zoning Map and Main Street Specific Plan
Updates and recommended that the City Council certify the Final EIR and adopt the
Housing Element Update, Zoning Code Amendments, Zoning Map Amendment and
MSSP amendment.
K. The Final EIR, including but not limited to, the responses to comments, was
made available to the public and to all commenting agencies at least ten (10) days prior
to certification of the Final EIR in compliance with CEQA Section 21092.5(a).
L. On October 27, 2025, the City Council conducted a duly noticed public
hearing regarding the proposed Final EIR, and the draft 2021-2029 Housing Element
Update, and Zoning Code, the Zoning Map and MSSP Amendments. At the public
hearing, City staff presented its report and interested persons presented evidence, both
written and oral, regarding the Final EIR and proposed Project. Following receipt of all
written and oral testimony, the City Council closed the public hearing.
K. The City Council has reviewed and considered the entire record of
proceedings. The Final EIR and all other documents, reports and materials, which
constitute the record of proceedings, is on file and available for public examination during
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normal business hours at Seal Beach City Hall, Planning Department, 211 Eighth Street,
Seal Beach, California, during regular business hours, and is posted on the City's website
at: http://www.sealbeachca.gov/. The custodian of the records is the Director of
Community Development.
L. Section 15091 of the State CEQA Guidelines requires that the City, before
approving a project subject to CEQA, make one or more of the following written finding(s)
for each significant effect identified in a final environmental impact report accompanied
by a brief explanation of the rationale for each finding:
1) Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects as identified in the Final EIR; or,
a) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or
can and should be adopted by such other agency; or,
b) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
c) Section 15126.6 of the CEQA Guidelines requires analysis of a
reasonable range of alternatives to the proposed project that would
feasibly attain some or all or the main objectives of the proposed
project while avoiding or substantially lessening one or more of the
significant environmental effects that would occur.
2) These required findings for the Final EIR are set forth in Exhibit "B",
attached hereto and incorporated herein by this reference as though set
forth in full.
a) Environmental impacts identified in the Final EIR as no impact or less
than significant impact without the imposition of mitigation measures
are described in Exhibit "B", Section V.A.
b) Environmental impacts, or specific aspects of those impacts,
identified in the Final EIR as potentially significant, but that can be
reduced to less than significant levels after mitigation, are discussed
in Exhibit "B", Section V.B.
c) Environmental impacts that remain significant and unavoidable after
mitigation, as discussed in Exhibit "B", Section V.C.
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3) Alternatives to the Project that might reduce significant environmental
impacts, and the reasons for rejecting those alternatives, are discussed in
Exhibit "B", Section VI.
4) The Final EIR identified mitigation measures that will mitigate impacts to
biological resources, cultural resources, geological and soils, greenhouse
gas emissions, hydrology and water quality, noise, tribal cultural resources,
and utilities and service systems to a level of insignificance, and
incorporated those mitigation measures into a Mitigation Monitoring and
Reporting Program (or MMRP), in accordance with Public Resources Code
Section 21081.6 and CEQA Guidelines 15091(d). The Mitigation Monitoring
and Reporting Program sets forth mitigation measures to reduce noise
impacts, which are set out on Exhibit "C", attached to this Resolution and
incorporated herein by this reference.
5) The City Council has independently considered the record of proceedings
before it, which is hereby incorporated by reference.
6) Economic, planning, social and state mandated housing laws benefits of the
Project against the Project's unavoidable adverse impacts outweigh the
potential unavoidable adverse impacts supported by the Findings of Fact
with the Statement of Overriding Consideration.
Section 5. Findings. Based upon the foregoing findings and all other evidence
in the record, the City Council find as follows:
A. The above recitals set forth above in Sections 1 through 4, inclusive, are
true and correct.
B. Agencies and interested members of the public have been afforded ample
notice and opportunity to comment on the Final EIR and the proposed
Project. The Project has been environmentally reviewed pursuant to the
provisions of CEQA and the CEQA Guidelines.
C. The Final EIR, Findings of Fact and Statement of Overriding Considerations
have been completed in compliance with CEQA and fully analyze and
disclose the potential impacts of the proposed Project, and that those
impacts have been mitigated or avoided to the extent feasible for the
reasons set forth in the Findings of Fact and Statement of Considerations
and Mitigation Monitoring and Reporting Program, attached as Exhibit "B"
and Exhibit "C", incorporated herein by reference.
Section 6. Adoption. Based upon the foregoing findings and substantial
evidence in the record, including written and oral staff reports together with public
testimony and the recommendation from the Planning Commission, the City Council
hereby:
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A. Certifies the Final EIR attached as Exhibit A", adopts the Findings of Fact
with a Statement of Overriding Consideration attached as Exhibit "B"; and
adopts the Mitigation Monitoring and Reporting Program as set forth in
Exhibit "C".
B. Directs City staff to implement and monitor the mitigation measures as
described in the Mitigation Monitoring and Reporting Program attached as
Exhibit "C."
C. Directs City staff to file a Notice of Determination as set forth in Public
Resources Code Section 21152.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the 27th day of October 2025 by the following vote:
AYES: Council Members: Kalmick, Wong, Senecal, Steele, Landau
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Lisa Lan au, M or
A ST: J�.�^ ��,�,�
Gloria D. arper, CityClerk 9''.�kf tc
gyp\
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7705 on file in the office of the
City Clerk, passed, approved, and adopted by the City Council at a meeting held on the
27th day of October 2025.
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GI6ria D. Harper, ity Clerk
Attachments:
Exhibit "A": Final Environmental Impact Report (including Initial Study, Draft
Environmental Impact Report, Comments, and Responses to
Comments)
Exhibit "B": Findings of Fact and Statement of Overriding Considerations
Exhibit "C": Mitigation Monitoring and Reporting Program
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