HomeMy WebLinkAboutCC Res 7729 2026-1-26 RESOLUTION 7729
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ESTABLISHING A POLICY FOR THE PROCESSING OF
SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS
CONSISTENT WITH GOVERNMENT CODE SECTION
65583.2, SUBDIVISIONS (C), (H), AND (I) AND FINDING
THAT SITES IDENTIFIED TO BE REZONED ARE
CONSISTENT WITH GOVERNMENT CODE SECTION
65583.2 SUBDIVISION (G)(2)
WHEREAS, on October 27, 2025, the City Council adopted Resolution No. 7705,
certifying the Final Environmental Impact Report (SCH No. 2023110425) under the
California Environmental Quality Act; adopting Ordinance 1721, Amending Title 11
(Zoning Code) of the Seal Beach Municipal Code to establish the Mixed
Commercial/Residential High-Density Zone and related development standards (Housing
Element Implementation Program to meet the City's Regional Housing Needs Allocation
(RHNA)); adopting Ordinance 1722 amending the official Zoning Map of the City of Seal
Beach (Housing Element Implementation Program to meet the City's Regional Housing
Needs Allocation (RHNA)); adopting Ordinance 1723 amending the Main Street Specific
Plan (Housing Element Implementation Program to meet the City's Regional Housing
Needs Allocation (RHNA)) to allow residential uses subject to limitations; adopting
Resolution 7707 overruling the Orange County Airport Land Use Commission's
determination that the 2021-2029 Housing Element update is inconsistent with the 2017
Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan, and adopting
Resolution 7706 adopting the 2021-2029 Housing Element Update, and,
WHEREAS, Government Code Section 65583.2 requires that specific residential
development projects shall be allowed through a by-right process on properties identified
to accommodate the City's lower income RHNA; and,
WHEREAS, the adopted Ordinance 1721 and Ordinance 1723 allow all residential
development projects through a by-right process both on properties identified to
accommodate the City's lower income RHNA and on properties that are not identified to
accommodate the City's lower income RHNA; and,
WHEREAS, the Housing Element relies on nonvacant sites to accommodate 50 percent
or more of the lower-income RHNA, therefore, Government Code Section 65583.2,
subdivision (g)(2) requires that the City make findings based on substantial evidence that
the existing uses on the nonvacant sites, identified in the Housing Element, are not an
impediment to developing housing during the planning period.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and
order as follows:
Section 1. The above recitals are true and correct and are incorporated by this
reference.
1
Section 2. The City Council finds that Ordinance 1721, Ordinance 1723, and the City's
existing zoning regulations allow residential uses, including residential
projects with at least 20 percent or more units affordable to lower income
households through a by right process per Government Code Section
65583.2, Subdivisions (c), (h), and (i), on sites identified in Table B-7
(Rezone Sites) of the 2021-2029 Housing Element which have been
rezoned Mixed Commercial/Residential High Density, on all other
properties currently zoned Residential Medium Density and Residential
High Density, and in the Main Street Specific Plan area on the second floor
when street facing. For this purpose, "by-right" means that the City shall
not require a Conditional Use Permit, Planned Unit Development Permit or
other discretionary review or approval that would constitute a "project" for
purposes of Division 13 (commencing with Section 21000) of the Public
Resources Code.
Section 3. The City Council finds, pursuant to Government Code Section 65583(g)(2),
based on substantial evidence set forth in Section B.2 (Future Residential
Development Potential), particularly subsections B.2.4, and B.2.5 of the
2021-2029 Housing Element, that any existing uses on sites identified to
accommodate affordable housing are not likely to constitute an impediment
to additional residential development during the planning period as
residential development will be accommodated as infill development on
parking lots and not require existing commercial uses to cease or
discontinue.
Section 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity described in this
Resolution is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty, as in this case, that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. Furthermore, on October
27, 2025, the City Council certified an Environmental Impact Report for the
Sixth Cycle 2021-2029 Housing Element, and the amendments to the
Zoning Code, Zoning Map and Main Street Specific Plan in order to meet
the City's Regional Housing Needs Assessment (RHNA) allocation and
requirements outlined in the 6th Cycle Housing Element Update.
Section 5. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Resolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining
portions of this Resolution or any part thereof. The City Council hereby
declares that it would have adopted each section irrespective of the fact that
any one or more subsections, subdivisions, sentences, clauses, or phrases
be declared unconstitutional, invalid, or ineffective.
2
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the 26th day of January 2026 by the following vote:
AYES: Council Members: Kalmick, Senecal, Steele, Wong, Landau
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Li . Landau, Mayor
ATTEST: :;�.
•
Gloria D. Harper, City Clerk '
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 7729 on file in the office of the
City Clerk, passed, approved, and adopted by the City Council at a regular meeting held
on the 26th day of January 2026.
loria D. Harper, City Clerk
3