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Agenda Item
ASR
Control 24-000476 |
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MEETING
DATE: |
06/25/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
County
Counsel (Approved) |
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Department contact person(s): |
Nicole
Walsh (714) 834-3300 |
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Justin
Kirk (714) 667-1627 |
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Subject: Gen. Plan
Amendment LU24-01, Zoning Code Amendment CA24-01 & Zone Change ZC24-01
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
Approved Ordinance to Form |
Public Hearing |
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3 Votes Board Majority |
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Budgeted: N/A |
Current
Year Cost: N/A |
Annual
Cost: N/A |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 9/27/2022 #45 |
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RECOMMENDED
ACTION(S):
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1. |
Find that Final
Negative Declaration No. IP 22-0133 approved by the Board of Supervisors on
September 27, 2022, and Addendum No. 1 to Negative Declaration No. IP 22-0133
(Attachment A) prepared for Housing-Related Updates to the County of Orange
General Plan and Comprehensive Zoning Code, adequately address the effects of
the Housing Related Updates, reflect the independent judgment of the County
of Orange as lead agency and are approved for the proposed project based on
the following additional findings: |
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a. |
That the circumstances of the project
are substantially the same and Negative Declaration No. IP 22-0133 and
Addendum No. 1 to Negative Declaration No. IP 22-0133 adequately address the
effects of the proposed project; no substantial changes have been made in the
project. |
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b. |
No substantial changes have occurred in
the circumstances under which the project is being undertaken; and no new
information of substantial importance to the project which was not known or
could not have been known when the Negative Declaration No. IP 23-0133 and
Addendum No. 1 to Negative Declaration No. IP 22-0133 were adopted has become
known. |
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2. |
Read the Title
of the Ordinance. |
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3. |
Order further
reading of the Ordinance be waived. |
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4. |
Conduct public
hearing. |
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5. |
Consider the
matter and adopt Zoning Code Amendment CA 24-01 and Zone Change ZC 24-01. |
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6. |
Consider the
matter and adopt Resolution (Attachment B) for General Plan Amendment LU
24-01. |
SUMMARY:
Adoption of
General Plan Amendment LU 24-01 (Land Use Element), Zoning Code Amendment CA
24-01 (Multifamily Residential Development Standards, Housing Opportunities
Overlay District, and Technical Revisions), and Zone Change ZC 24-01 (Re-zoning
of Specific Commercial and Multifamily Residential Parcels to Mixed-Use), will
ensure compliance with state mandates to assist the County in reaching
certification of the Housing Element by the State Department of Housing and
Community Development.
BACKGROUND
INFORMATION:
The County of
Orange (County) is in the process of completing its Housing Element (HE) Update
for the 6th HE Update Cycle, as mandated by State law. The HE provides goals,
policies, and objectives the County will pursue to meet its existing and
projected housing needs for the eight-year planning period (2021-2029),
including its allocation of the Regional Housing Needs Assessment (RHNA)
assigned by Southern California Association of Governments (SCAG). The County’s
RHNA allocation for this 6th Cycle HE is 10,406 units. Though the County is
required to identify areas with adequate zoning to accommodate this future
growth, the County is not required to develop these housing units.
On September 28, 2023, OC Development
Services and County Counsel received the third round of comments on the revised
HE Update from Housing and Community Development (HCD) (Attachment D). Since receiving the September 2023 Comment
Letter, OC Development Services and County Counsel have been revising the HE
Update to address HCD comments from their September 2023 letter and to account
for legal requirements, specifically compliance with portions of Government
Code Section 65583.2 (Attachment L). Section 65583.2 requires re-zoning to a
minimum density of 30 dwelling units per acre (du/ac) for certain non-vacant
properties that the County identified in the HE’s Site Inventory to meet the
RHNA allocation for lower income units.
To meet the County’s RHNA obligations for
lower-income units, County Counsel and OC Development Services are proposing to
rezone commercial and residential professional zoned properties to “Mixed Use”
and amend the minimum densities for multifamily residentially and mixed-use
zoned properties if the properties are: (1) currently nonvacant; and/or (2)
planned to be used to meet our lower income RHNA obligations. County Counsel
and OC Development Services propose rezoning Multifamily and Mixed-Use
properties to a minimum 30 du/ac as selecting those properties is less
impactful than rezoning single family residential properties. Multifamily and
Mixed-Use properties already have greater maximum du/ac (at 45 du/ac for
Multifamily properties and 70 du/ac for those properties becoming Mixed-Use
that were already subject to the Housing Opportunities Overlay (HOO)).
These rezonings are required to
demonstrate to HCD that the County has realistic capacity to meet the RHNA
obligations and to comply with the minimum densities required by Government
Code Section 65583.2. Minimum densities
for rezoned properties must be at 30 du/ac because the County is a metropolitan
jurisdiction pursuant to Government Code Section 65583.2.
As noted in HCD’s September 2023 Comment
Letter, Government Code Section 65583.2, subdivisions (c) and (h), require
that, to be considered realistic capacity to meet the County’s RHNA obligations
in the Site Inventory, base zoning (not an overlay) must be residential, and
the density set to the minimum required by Section 65583.2 even if an
applicable overlay allows for densities higher than the base zoning.
Based on
Government Code Section 65583.2(h), County Counsel and OC Development Services
recommend a zoning code amendment to establish a minimum density of 30 du/ac
and a zone change to rezone commercial, two family residential, and residential
professional zoning designations to “Mixed-Use.” A list of the proposed changes
to both the General Plan and Zoning Code are summarized below.
The
"Mixed-Use" Zoning District (MX) will facilitate the vertical and
horizontal mixing of retail, office, and multifamily residential uses and the
development of mixed-use buildings accommodating both high-density residential
and employment activities. The Mixed-Use district will allow the development of
commercial uses with a minimum of 50 percent multifamily residential or the
development of 100 percent multifamily residential.
To gain
certification of the HE and comply with statutory and caselaw requirements, OC
Development Services is proposing the following amendments and changes
summarized below:
Proposed General Plan Amendment LU 24-01, Zoning Code
Amendment CA 24-01, and Zone Change ZC 24-01 (collectively, Amendments)
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• |
General Plan
Amendment LU 24-01– Land Use Element (Attachment E) |
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o |
Revise language
to be consistent with the proposed rezone of commercial zoning districts to
mixed-use zoning districts. |
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o |
Revise language
to be consistent with the proposed changes to the HOO District Regulations. |
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Zoning Code
Amendment CA 24-01 (Attachment F) |
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o |
Amend
development standards for sites zoned Multifamily Dwellings (R2), Apartment
(R3), and Suburban Multifamily Residential (R4) to require a minimum density
of 30 du/ac and maximum density of 43.5 du/ac. |
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o |
Amend HOO to
apply Mixed-Use Zoning District. |
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o |
Amend
requirement for Site Development Permit for affordable sites and allow
by-right approval, “Affordable Housing Permit” to meet “by-right approval”
state-mandated requirement. |
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o |
Technical
revisions and updates to comply with State Law. |
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Zone Change ZC
24-01 (Attachment G) |
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o |
All Commercially
Zoned (Local Business (C1), General Business (C2), Commercial Community (CC),
Commercial Highway (CH), and Commercial Neighborhood (CN) zoning designations
sites will be rezoned to Mixed Use with the minimum density of 30 du/acre.
Apartment (R3) development standards for residential projects will apply to
100% residential projects. The regulations for Mixed Use will require that
100% residential or at least 50% residential be allowed on these sites
pursuant to Section 65583.2(h). |
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o |
All Residential
Professional (RP) zoned sites will be rezoned to Mixed Use with a minimum of
50% residential required. Apartment (R3) development standards for
residential projects will apply to 100% residential projects. |
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o |
All Two Family
Residential (R2D) zoned sites will be rezoned to Multifamily Dwellings (R2)
(for areas in Stanton/ Anaheim) or Suburban Multifamily Residential (R4) (for
areas in El Modena). |
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o |
Rezone 8 parcels
making up the La Purisima Church in El Modena to Suburban Multifamily Residential
(R4). |
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o |
Due to location
constraints, the following commercially zoned parcels are explicitly exempted
from Zone Change 24-01 and will maintain their current zoning: |
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Costa Mesa
Island – Parcels zoned for commercial uses |
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Silverado Canyon
– Parcels zoned for commercial uses along Silverado Canyon Road |
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Banning Ranch –
Parcels zoned for commercial uses along Pacific Coast Highway |
With the adoption of these Amendments, the
County can likely meet the RHNA for all income categories. The goal is to
complete the rezonings and amendments, make all necessary revisions to the HE,
and re-submit to HCD no later than the end of September 2024.
PUBLIC ENGAGEMENT:
On March 19, 2024,
the County mailed approximately 2,300 letters to the owners of the properties
that will be affected by the Amendments.
The letter contained information regarding the proposed Amendments and
an invitation to attend the Planning Commission Study Session held on April 10,
2024, for more information.
The County website
was updated to include information regarding the proposed Amendments. It includes information regarding the need
for the proposed changes and provides a list and maps of the affected parcels. Here is the link to this webpage:
https://ocds.ocpublicworks.com/page/zone-change-andor-zoning-code-amendment-notification
Notices were sent
to owners of the affected properties prior to the Board hearing.
Planning
Commission (PC) Action
On May 8, 2024, the PC held a public
hearing and considered the proposed Amendments and voted to adopt PC Resolution
No. 2024-01 (Attachment H), which recommends adoption by the Board of the
Amendments. Notices were again sent to
owners affected by the Amendments prior to the Planning Commission hearing.
Airport Land Use
Commission (ALUC) Action
At its regular
meeting held on May 16, 2024, the ALUC considered the County’s proposed
Amendments and by unanimous vote, found the proposed Amendments consistent with
the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) and the
AELUP for Los Alamitos Joint Forces Training Base (JFTB). (Attachment I)
COMPLIANCE WITH CEQA:
Find the
circumstances of this project are substantially the same as Initial
Study/Negative Declaration (IS/ND) No. IP 22-0133 approved by the Board of
Supervisors on September 27, 2022, and Addendum No. 1 IS/ND No. IP 22-0133
which includes minor changes or additions necessary, and both documents
adequately address the effects of the proposed Project. No substantial changes
have been made in the Project, no substantial changes have occurred in the
circumstances under which the Project is being undertaken, and no new
information of substantial importance to the Project which was not known or
could not have been known when IS/ND No. IP 22-0133, and Addendum No. 1 to
IS/ND No. IP 22-0133, were adopted have become known; therefore, no further
environmental review is required.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING
AGENCIES:
OC Public Works
ATTACHMENT(S):
Attachment A – Final Negative
Declaration No. IP 22-0133 and Addendum No. 1 to Initial Study/Negative
Declaration No. IP 22-0133
Attachment B – Board of Supervisors Resolution and Exhibits – LU 24-01 (combined)
Attachment C – Board of Supervisors Ordinance and Exhibits - ZCA 24-01/ZC 24-01
(combined)
Attachment D – State HCD comment letter received on September 28, 2023
Attachment E – Proposed General Plan Amendment LU 24-01 – Land Use Element
(Strikethrough Version)
Attachment F – Proposed Zoning Code Amendment CA 24-01 (Strikethrough Version)
Attachment G – Proposed Zone Change ZC 24-01 (Maps 1 through 7)
Attachment H – Planning Commission Resolution No. 2024-01
Attachment I – ALUC Finding of Consistency (May 16, 2024)
Attachment J-Board of Supervisors Resolution
Attachment K-Board of Supervisors Ordinance
Attachment L-Government Code Section 65583.2