CITY COUNCIL STAFF REPORT
July 16, 2024 {{section.number}}b
INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 86.34.030 (C) AND 86.42.050 (F) OF THE CORONADO MUNICIPAL CODE AND CHAPTER V SECTION B.8.5 OF THE
ORANGE AVENUE CORRIDOR SPECIFIC PLAN
RECOMMENDATION:
Introduce Ordinance No. 2024-08 “An Ordinance of the City Council of the City of Coronado, California Amending Sections 86.34.030 (C) and 86.42.050 (F) of the Coronado Municipal Code and Chapter V Section B.8.5 of the Orange Avenue Corridor Specific Plan”.
BACKGROUND:
On April 9, 2024 City Council introduced an ordinance for municipal code amendments related to the adoption of the City’s 2021-2029 Housing Element Update (HEU). The amendments were required in order for the California Department of Housing and Community Development (HCD) to be able to certify the City’s HEU. Among other changes, the amendments established a minimum density of 16 dwelling units per acre in the R-4 Multiple Family Residential and the RPCD Residential – Planned Community Development zones. After confirming the City’s satisfactory compliance, HCD subsequently informed the City that a minimum density of 20 dwelling units per acre is required. This necessitates minor modifications to the municipal code.
ANALYSIS:
Government Code Section 65583.2, subdivision (h) establishes required minimum residential densities for jurisdictions that are required to rezone in order to compensate for a shortfall of sites available to accommodate the City’s regional housing need. A recent Court of Appeal decision, Martinez v. the City of Clovis, holds that cities may use an overlay zone to satisfy their rezoning requirements, but in such cases, if the underlying zone allows residential uses, the underlying zoning must meet certain minimum density thresholds. Under this new precedent, HCD has informed the City that Coronado is required to establish a minimum density of 20 dwelling units per acre throughout the R-4 (Multiple Family Residential) and R-PCD (Residential – Planned Community Development) zones rather than the 16 dwelling unit per acre density initially adopted.
Accordingly, the ordinance proposes to change the number ‘16’ to ‘20’ in three different sections of the Municipal Code. These proposed redline amendments (Attachment 2) were shared with HCD, which has concluded that once these final zoning amendments are adopted and take effect, the Housing Element will meet statutory requirements for certification.
Therefore, this ordinance (Attachment 1) is before you to gain final certification of the City’s 2021- 2029 HEU.
Pursuant to Government Code Sections 62854 to 62857, consideration of Municipal Code revisions to the zoning regulations require a noticed public hearing with the Planning Commission, which was held on March 26, 2024. The Planning Commission considered upzoning to implement the HEU and recommended City Council deny any proposed zoning changes increasing residential density.
FISCAL IMPACT:
None.
ALTERNATIVE:
The City Council may choose to not amend the Municipal Code.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The project is exempt from the requirements of the California Environmental Quality Act pursuant to Government Code Section 65759, because the project consists of actions necessary to bring the City’s General Plan into conformance with state law under the terms of a judgment entered by the Superior Court of San Diego on November 8, 2023. As provided in Government Code Section 65759, the City has prepared and Environmental Assessment (EA), the content of which substantially conforms to the required content for a draft environmental impact report set forth in Article 9 (commencing with Section 15140) of Title 14 of the California Code of Regulations, to analyze potential environmental impacts from the project. The EA identifies mitigation measures that are required to reduce potential impacts to a less than significant level related to Biology (preconstruction nesting bird survey), Cultural Resources (archaeological and Native American monitor), Geology and Soils (fault study and geotechnical reports required prior to construction, and paleontological monitoring), Greenhouse Gas Emissions (Require project attributes to comply with the 2022 Scoping Plan design requirements, and Noise (vibration impact analysis).
If adopted by the City Council, the EA will be incorporated by reference into the City’s General Plan, and future development projects on Housing Element Opportunity Sites would be required to comply with these Mitigation Measures. All other impact areas are considered less than significant without mitigation.
PUBLIC NOTICE:
A public hearing notice for the July 16, 2024 City Council meeting was published in the Coronado Eagle & Journal on July 3, 2024.
ATTACHMENTS:
1. Ordinance No. 2024-08
2. Proposed Redline Amendments
Submitted By: Community Development Department / Richard Grunow