Loading...
HomeMy WebLinkAboutHousing Element_PresentationCity Council 10/27/2025 Housing Element and Rezoning Program California Government Code §§ 65580–65589.11 Housing Element Law Key sections: §65580 – States the Legislature’s intent: that housing availability and affordability are matters of “vital statewide importance.” §65581 – Declares each local government’s responsibility to make “adequate provision for the housing needs of all economic segments of the community.” §65583 – Lists the required contents of a Housing Element. §65588 – Requires periodic updates (8-year cycles)(6th Cycle: 2021 to 2029) Recent legislation related to 6 th Housing Element Cycle (2021 to 2029) AB 72 (2018) and SB 1037 (2025) provide HCD with clear authority to review, investigate, and enforce violations of Housing Element Law and related housing statutes, including to initiate formal investigations and refer violations to the Attorney General. AB 1893 (2024) Builder’s Remedy the project’s density, before the application of any density bonuses, does not exceed the greatest of the following: •50% greater than the minimum density deemed appropriate to accommodate housing for the jurisdiction per Government Code Section 65583.2(c)(3)(B) •Three times the density allowed by the General Plan, Zoning Ordinance, or state law, whichever is greater; or •The density consistent with the density specified in the housing element. Housing Element 6th Cycle 2021 to 2029 •March 2021 - City Council/Planning Commission joint study session/workshop •March-October 2021 – Community Online Survey •April 2021 – Housing Element Ad-Hoc Committee (Two meetings) •September 2021 – 2nd City Council/Planning Commission joint study session/workshop •September 2021 to January 2022 – State Review Period •January 2022 – Planning Commission Hearing •February 2022 – City Council adoption of the Housing Element •February 2022 to October 2023 – Further Revision requested by State HCD •October 2023 – State informs the City it is out-of-compliance until rezoning is completed •October 2024 – State informs City that Housing Element is in substantial compliance, but rezoning must be completed first What This is Not Old Ranch Country Club (ORCC) Specific Plan •Not a review and approval of the ORCC Specific Plan •No mention of development standards, such as height, for ORCC in Housing Element •ORCC Specific Plan is its own project •Requires separate Planning Commission review and Council review and approval •Will be presented to ALUC prior to Planning Commission and Council •Draft EIR in process, to include upcoming 45-day public review period and a public meeting before the EQCB City of Seal Beach Housing Element and Zoning Code Updates Project EIR What is a Housing Element? •Part of a city’s General Plan •Identifies local housing needs and strategies to meet them •Required by California State Law (Gov. Code § 65580 et seq.) •Updated every 8 years in alignment with the Regional Housing Needs Allocation (RHNA) Why Update the Housing Element? •State Law Mandate: Required for General Plan compliance •Access to Funding: Needed to qualify for state housing and infrastructure grants •Local Benefits: Helps address housing shortages and affordability issues •Legal Risk: Non-compliance may lead to lawsuits or loss of local control (the “builder’s remedy”) What is RHNA? •Mandated by State law since 1980 •Total housing need assigned to each region by HCD •RHNA Plan prepared/adopted by SCAG (Southern Calif. Association of Governments) •Each city and county assigned a share of total need based on projected growth, existing need, and access to jobs and transit •RHNA allocation distributed among four income categories based on income characteristics to avoid overconcentration RHNA History Seal Beach RHNA Allocation Area Median Income Category Units Very low (<30%) 258 Low (31-50%) 201 Moderate (51-80%) 239 Above mod (81-120%) 545 Total 1,243 What the Seal Beach Housing Element Update Includes •Updated housing goals, policies, and programs •Site inventory of 8 Housing Opportunity Sites, ADUs, and pipeline projects to meet the City’s RHNA target of 1,243 new dwelling units •Rezoning of 6 sites which has a current zoning that doesn’t allow residential uses or adequate number of units •Establishment of a new zoning designation (Mixed Use/Residential High Density) to facilitate future housing development •Affirmatively furthering fair housing (AFFH) policies 8 Housing Opportunity Sites •Site 1: 1780 Pacific Coast Highway (No Rezoning) •Site 2: Leisure World (No Rezoning) •Site 3: Accurate Storage (Rezoning Required) •Site 4: The Shops at Rossmoor (Rezoning Required) •Site 5: Old Ranch Town Center (Rezoning Required) •Site 6: Seal Beach Plaza (Rezoning Required) •Site 7: Seal Beach Center (Rezoning Require) •Site 8: 99 Marina (Rezoning Required) Housing Opportunity Sites What’s Evaluated in this EIR? •Housing Element Update includes: ◦Sites Inventory (Housing Opportunity Sites, ADUs, and pipeline projects) ◦Main Street Program •This EIR evaluates the following buildout areas: ◦Housing Opportunity Sites and ADUs ◦Main Street Program ◦Old Ranch County Club Pipeline Project Housing Element Update Buildout Assumptions Buildout Areas Housing Element Buildout Assumption (dwelling units) EIR Buildout Assumption (dwelling units) Land Area (acres) Developable Area (acres) Housing Opportunity Sites 1,165 1,491 83.45 35.05 ADUs 7 --*---- Main Street Program 2 115 21 21 Residential Component of the ORCC Specific Plan Project 167 167 155 4 Total Dwelling Units Evaluated in this EIR 1,773 259.45 60.05 * ADUs are not included in the EIR buildout assumptions because the ADUs would be dispersed throughout the City and are allowed by-right. EIR Purpose •INFORM decision-makers and public of the proposed project’s potential physical environmental effects •ENGAGE the public in the environmental review process •DISCLOSE potential impacts of the proposed project on the physical environment •AVOID and/or REDUCE potential impacts of the proposed project through mitigation measures and/or alternatives Steps in the EIR Process NOP •Develop Project Description and NOP •30 Day Public Review (November 16 –December 15, 2023 •Public Scoping Meeting (December 6, 2023) Project DEIR •Admin Draft EIR •Public Draft EIR •45 Day Public Comment Period (May 9, 2025 through June 23, 2025 •Community Meeting (June 5, 2025) Project FEIR •Admin Draft Response to Comments •MMRP •Public Draft FEIR •10 Day Public Review •FEIR Certification Hearing and Project Approval (October 6 and 27, 2025) What is a Programmatic Environmental Impact Report (EIR)? •A broad, citywide-level analysis under the California Environmental Quality Act (CEQA) •Looks at the cumulative environmental impacts of the Housing Element Update •Sets the stage for future, project-specific reviews Why a Programmatic Review is Appropriate •No specific development projects proposed yet •Focus is on policy changes and zoning adjustments •Ensures consistent environmental analysis for future development •Reduces redundancy and streamlines future CEQA reviews Advantages of Project and Program EIRs Under CEQA Topics Addressed in the CEQA Analysis •Aesthetics •Agricultural and Forestry Resources •Air Quality •Biological Resources •Cultural Resources •Energy •Geology and Soils •Greenhouse Gas Emissions •Hazards and Hazardous Materials •Hydrology and Water Quality •Land Use and Planning •Mineral Resources •Noise •Population and Housing •Public Services •Recreation •Transportation •Tribal Cultural Resources •Utilities and Service Systems •Wildfire Draft EIR Summary of Impacts Resource Level of Significance Aesthetics Less Than Significant Impact Agricultural and Forestry Resources No Impact Air Quality Significant and Unavoidable Impact Biological Resources Less Than Significant Impact with Mitigation Cultural Resources Less Than Significant Impact with Mitigation Energy Less Than Significant Impact Geology and Soils Less Than Significant Impact with Mitigation Greenhouse Gas Emissions Significant and Unavoidable Impact Hazards and Hazardous Materials Less Than Significant Impact Hydrology and Water Quality Less Than Significant Impact with Mitigation Land Use and Planning Less Than Significant Impact Mineral Resources No Impact Noise Less Than Significant Impact with Mitigation Population and Housing Less Than Significant Impact Public Services Significant and Unavoidable Impact Recreation Significant and Unavoidable Impact Transportation Significant and Unavoidable Impact Tribal Cultural Resources Less Than Significant Impact with Mitigation Utilities and Service Systems Less Than Significant Impact with Mitigation Wildfire No Impact What is considered in a cumulative analysis? •Under CEQA Guidelines, cumulative impacts refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts ◦The individual effects may be changes resulting from a single project or a number of separate projects ◦The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time Significant and Unavoidable Impacts •A significant and unavoidable impact is defined as an impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures •The City of Seal Beach Housing Element and Zoning Code Updates Project EIR identified the following significant and unavoidable impact: ◦Air Quality ◦Greenhouse Gas Emissions ◦Public Services ◦Recreation ◦Transportation Project Alternatives •CEQA requires that alternatives to a proposed project have the potential to avoid or substantially lessen one or more significant effects of the project •Alternatives Considered and Rejected ◦Reduce Air Quality and Greenhouse Gas Emissions and VMT Impacts (would require robust transit system) ◦Dedication of Land for Parkland (would require higher density and more land) •Alternative Considered ◦No Project/Existing Zoning Alternative (no rezoning would and no Main Street Program) Environmentally Superior Alternative •No Project/Existing Zoning Alternative ◦Would reduce the significant impact of the Project related to air quality and GHG ◦Would increase potential impacts to land use and planning and would not meet the majority of Project Objectives •All other Project Alternatives considered to be infeasible and rejected from further consideration •The Project is identified as Environmentally Superior Alternative ◦Would achieve all Project Objectives ◦Would help City meet RHNA requirements Housing Element Update and Related Zoning Code Amendments City of Seal Beach City Council Hearing October 27, 2025 7:00 pm City Council Chambers 211 Eighth Street Introductions City Staff •Shaun Temple, AICP – Interim Community Development Director Lisa Wise Consulting, Inc. (LWC) •David Bergman – Director •Monica Szydlik, AICP – Senior Associate 1.Project Context and ODS 2.Project Objectives 3.Sites to Rezone MC/RHD 4.Overview of Proposed Zoning Text Amendments 5.Discussion Agenda Housing Element and Zoning Code Amendment Milestones •2021: RHNA Site Selection, CC & PC Study Session •2022: Council Adoption of HE Update, Project Initiation, Stakeholder Interviews and Summary, Draft Technical Analysis, Comment Letter from HCD on Revised Submission, EIR Initiated, ALUC Finding and overrule •2023: Final Technical Analysis and Recommendations Memo, CC & PC Zoning Code Study Session, PC Meeting, Admin Draft Zoning Amendments, Public Review Draft Zoning Amendments, Community Workshop, EIR Notice of Preparation •2024: Revised Draft Submitted and HCD Letter finding Acceptable Pending Rezoning Effort (10/17/24), EIR Resumes •2025: Hearing Draft Zoning Amendments; Housing Element, Zoning Code, MSSP Considered by ALUC, Draft EIR Released, PC Adoption Hearings, Anticipated CC Adoption (10/27/25) Project Context HCD Revisions for Housing Element •The California Department of Housing and Community Development’s (HCD) October 2024 letter requires adoption of Program 1b (Mixed Commercial/Residential High Density Zone) for final compliance with Housing Element law. •The adopting resolution/ordinance should be transmitted to HCD for review and issuance of updated Housing Element compliance status. •City must adopt a finding(s) in adopting resolution that presents “substantial evidence” that existing uses at lower-income sites are not an impediment for additional residential use on the site. Project Context Housing Element Program 1b: Mixed Commercial/ Residential High Density (MC/RHD) Zone Project Context •Create a mixed-use zone to promote development at various commercial sites in the sites inventory o Max density 46 du/ac o Min density 40 du/ac •Zone does not allow 100% nonresidential projects (i.e., at least 50 percent of floor area must include residential) •City must engage with affected property owners, the Building Industry Association, affordable housing developers, and other stakeholders to ensure development standards can support the allowed units and facilitate inclusion of affordable units Old Ranch Town Center Shops at Rossmoor Seal Beach Plaza/Village Seal Beach Center Accurate Self Storage Sites to be Rezoned to MC/RHD •You can’t regulate what you can’t identify. •Standards should: •Acknowledge existing patterns of development •Reflect community desires/priorities •Anticipate density bonus projects •Be consistent with existing planning documents •Lead to better outcomes and development the community supports •Standards may address: •Building envelope/massing •Façade articulation & transparency •Privacy •Architectural style •Site design (access, paving, landscaping) •Excellence in design •Sensitive site planning •Neighborhood compatibility •Predictable and high- quality design Objective Design Standards •Prepare and assist in adoption of Zoning Amendments for a new MC/RHD – Mixed Commercial/High Density Residential zone called for in the 6th Cycle Seal Beach Housing Element. •For the new zone, develop: •Uses •Base Zone Development Standards •Supplemental (Objective) Design Standards •Test out standards on Housing Element sites. •Review and confirm design priorities with City decision- makers. Project Objectives Zoning Amendments Part I GENERAL PROVISIONS •Chapter 11.1.05 TITLE, COMPONENTS, AND PURPOSES •Chapter 11.1.10 RULES FOR CONSTRUCTION OF LANGUAGE AND INTERPRETATION •Chapter 11.1.15 RULES OF MEASUREMENT Part II BASE DISTRICT REGULATIONS •Chapter 11.2.05 RESIDENTIAL DISTRICTS •Chapter 11.2.10 COMMERCIAL AND MIXED-USE DISTRICTS •Chapter 11.2.15 LIGHT MANUFACTURING AND OIL EXTRACTION DISTRICTS •Chapter 11.2.20 PUBLIC AND SEMI-PUBLIC FACILITIES DISTRICTS •Chapter 11.2.25 OPEN SPACE, PARKS, AND RECREATION DISTRICTS Part III OVERLAY DISTRICT AND SPECIFIC PLAN REGULATIONS •Chapter 11.3.05 RESIDENTIAL CONSERVATION OVERLAY DISTRICT •Chapter 11.3.10 PLANNED DEVELOPMENT OVERLAY DISTRICT (–PD) •Chapter 11.3.15 COMMERCIAL/PARK OVERLAY DISTRICT •Chapter 11.3.20 COASTAL ZONE OVERLAY DISTRICT •Chapter 11.3.25 SPECIFIC PLAN REGULATION Part IV REGULATIONS APPLYING IN SOME OR ALL DISTRICTS •Chapter 11.4.05 STANDARDS FOR SPECIFIC USES •Chapter 11.4.10 GENERAL SITE STANDARDS •Chapter 11.4.15 FENCES, HEDGES AND WALLS •Chapter 11.4.20 OFF-STREET PARKING AND LOADING •Chapter 11.4.25 SIGN REGULATIONS •Chapter 11.4.30 LANDSCAPING AND BUFFER YARDS •Chapter 11.4.35 COASTAL DEVELOPMENT PERMIT •Chapter 11.4.40 NONCONFORMING USES, STRUCTURES, AND LOTS •Chapter 11.4.45 TRANSPORTATION DEMAND MANAGEMENT •Chapter 11.4.50 ADULT BUSINESSES •Chapter 11.4.55 AFFORDABLE HOUSING BONUS •Chapter 11.4.60 HAZARDOUS WASTE FACILITIES •Chapter 11.4.65 TATTOO ESTABLISHMENTS •Chapter 11.4.70 WIRELESS TELECOMMUNICATIONS FACILITIES •Chapter 11.4.75 COMMON INTEREST DEVELOPMENTS •Chapter 11.4.80 CONDOMINIUM CONVERSIONS •Chapter 11.4.85 USE CLASSIFICATIONS •Chapter 11.4.90 HISTORIC PRESERVATION •Chapter 11.4.100 MARIJUANA USES Part V LAND USE AND ZONING DECISIONS •Chapter 11.5.05 REVIEW AUTHORITY •Chapter 11.5.10 GENERAL PROCEDURES •Chapter 11.5.15 LEGISLATIVE ACTIONS •Chapter 11.5.20 DEVELOPMENT PERMITS •Chapter 11.5.25 DIRECTOR DETERMINATIONS •Chapter 11.5.30 REASONABLE ACCOMMODATIONS •Chapter 11.5.35 ENVIRONMENTAL REVIEW Part VI TERMS AND DEFINITIONS •Chapter 11.6.05 TERMS AND DEFINITIONS Title 11.2.10 Commercial and Mixed-Use Districts •Uses are generally consistent with RH-46 and LC/RMD •Maintains continuity with uses currently allowed in similar districts •Modifications to accommodate a residential neighborhood environment •Allowed By-Right: Multi-family, senior housing, residential care facilities, limited eating/drinking, retail, offices •Allowed with MUP: Take-out, outdoor dining, commercial recreation, government offices, public safety facilities •Allowed with CUP: Extended hour businesses, bars, full- services restaurants, large-scale commercial recreation, social services, cultural facilities, public parking Zoning Amendments Development Standards – MC-RHD Zone •Min. lot size: 5,000 sq. ft. •Density: Min. 40 - max. 46 du/ac •Max. non-residential FAR: 0.9 •Max. height: •Within Coastal Zone: 50 ft. / 4 stories •Outside Coastal Zone: 65 ft. / 5 stories •Within Flood Zone: Max. building height is increased by the increase in elevation required to reach the base flood elevation. Zoning Amendments Development Standards – MC-RHD Zone •Upper-story interior height step-backs: •MC-RHD: 1 ft. for every 2 ft. of height above 50 ft. •All other commercial and mixed-use districts: 1 ft. for every 2 ft. of height above 35 ft. •Setback, interior: •Side: Min. 3 ft / Max. 15 ft. •Rear: Min. 6 ft. •Setback, street-facing: •Min. 10 ft. / Max. 15 ft.; Min. 15 where directly across from LRD-9 Zoning Amendments Development Standards – MC-RHD Zone •Upper-story street facing step- backs: •Min. 6 ft. for 4th story and above •Min 8 ft. for 3rd story and above when directly facing the RL District •When 6 stories tall: min. 40 ft. for 4th through 6th stories Zoning Amendments Design Standards – MC-RHD Zone •Landscaping and Public Open Space •Public open space required for buildings over 25,000 sq. ft. (mixed-use buildings over 10,000 sq. ft.); residential-only buildings exempt •Min. lot area to be landscaped: 10% •Min. required front yard Area to be Landscaped: 25% •Max. paving in street-facing yards: 60% •Residential-Only Requirements: •Private open space: Min. 48 sq. ft./unit •Common open space: Min. 15 sq. ft./unit or 400 total, whichever is greater Zoning Amendments •Parking and Driveway Location and Design •Individually secured “tuck-under” garages •Shared garage (podium or underground) •“Wrapped” above-ground structure •Detached garages and carports not allowed •Parking visibility: •Limitations along street frontages •Screening required for upper-level street-facing •Sites abutting existing or proposed alley: •Vehicle access must be from alleys, some exceptions for corner lots •Max. 1 street curb opening on residential properties with alley access •Minimum 8.5 ft. garage height clearance Zoning Amendments •Projections – Architectural Features (e.g., bay windows, chimney, balcony, overhang) may not: •Extend closer than 3 ft. to any interior side or rear lot line •Project more than 3 ft. into any required street-facing setback Zoning Amendments •Building Separation: Min. 20 ft. •Vertical Articulation: •≤ 75 ft. length •> 75 ft. length •Roof Form and Design: •Allowed: •Hip, gable, dormers less than 8 ft. length, parapet, roof-line balustrade •Pitch Ratio: 3:12 to 5:12 •Eaves: Brackets or beams if eaves >18 in. depth Zoning Amendments •Building Entrances •Location: •Street-facing: Min. 1 entry •Ground floor units along ROW, public open space, or internal pathways: Min. 1 primary entry (individual or shared) facing public street, open space, or pathway •Ground floor primary entrances internal to site: Must face internal drive aisle or pathway •Street-facing non-residential facades: Min. 1 ground floor shopfront entrance •Protection •Roofed or recess required (min. 4 ft. depth and 24 sq. ft. horizontal area) Zoning Amendments Allowed Entrance Types Zoning Amendments Porch Dooryard Shopfront Terrace •Ground Floor Design •Height: •Non-residential ground floor: Min. 15 ft.; 12 ft. floor-to-ceiling •Residential finished floor: Max. 5 ft. above grade •Window and Door Design •Window Recess and Trim from Outer Wall Surface: •Min. 1 in. with trim at least 2 in. wide; or •Min. 3 in. •Exterior Doors: •Details and articulation required •Min. 3 in. inset from facade Zoning Amendments •Exterior Lighting •Fixtures: Oriented downward, International Dark Sky Assoc. certified •Controls: All lighting must accept controls •Exterior Building Lighting: All ground-floor building areas; adjacent 4 ft. wide zone; signage •Conceal electrical elements •Min. 1 foot-candle at ground level for driveways, circulation areas, aisles, passageways, recesses •Prohibited types (Mercury vapor, searchlights, aerial lasers) •Color temp. max. 4,000 kelvin. •Signage •Monument Signs: Consistent materials, colors with primary building •Mixed-Use Areas: Must facilitate access to structured parking Zoning Amendments Changes based on community feedback: •Landscaping required in all yard areas, not just required setbacks •Expanded the number of parcels requiring open space •All garage spaces to be secured and allow clearance for large vehicles •Parklets and dog parks as options for required open space amenities •Block standards for new blocks to relieve traffic on existing rights-of-way •Deeper step-backs for tallest buildings •Refuse areas away from public view and separated from building entrances Changes based on Housing Element effort: •Specify residential uses allowed on second floor and above in MSSP Changes from Oct. 2023 Public Review Draft ALUC Determination of Inconsistency and Overrule •Noise (some units within 60 dB CNEL contour – allowed with noise insulation to bring interior levels to 45 dB •Height (within height standards) •Safety (outside of Clear Zones) ALUC Overrules in OC for 6th Housing Element Cycle Costa Mesa •ALUC Determination - March 17, 2022 •ALUC Overrule - November 15, 2022 Irvine •ALUC Determination – January 20, 2022 •ALUC Overrule – May 10, 2022 Newport Beach •ALUC Determination – May 16, 2024 •ALUC Overrule – July 24, 2024 Seal Beach •ALUC Determination – February 17, 2022 •ALUC Overrule – August 29, 2022 Los Alamitos •ALUC Determination – January 19, 2023 •ALUC Overrule – August 21, 2023 (3-2 vote) •ALUC Overrule – December 11, 2023 (4-1 vote) Recommendation •Adopt the Final EIR, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program •Adopt Resolution 7706 adopting the Housing Element Update; Introduce, waive full reading, and read by title only Ordinance 1721 amending Title 11 (Zoning Code); Ordinance 1722 amending the Zoning Map; Ordinance 1723 amending the Main Street Specific Plan. •Adopt Resolution 7707 finding that the Housing Element Update, and the Zoning Code and Zone Map amendments are Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Housing Element is Inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan.