CITY COUNCIL STAFF REPORT
August 20, 2024 {{section.number}}h
SECOND READING AND ADOPTION 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:
Conduct the second reading and adopt Ordinance No. 2024-08 “An Ordinance of the City Council of the City of Coronado, California Amending Portions of the Coronado Municipal Code and the City’s Local Coastal Program Related to the Sixth Cycle Housing Element Update”.
BACKGROUND:
On April 9, 2024, City Council introduced an ordinance for municipal code amendments related to the adoption on the City’s 2021-2029 Housing Element Update (HEU). The amendments were required 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 R-PCD Residential – Planned Community Development zones. HCD has subsequently informed the City that a minimum density of 20 dwelling units per acre is required.
ANALYSIS:
Government Code Section 65583.2(h) establishes required minimum residential densities for jurisdictions that are required to rezone 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, in its June 11, 2024 letter, HCD has informed the City that Coronado that it 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 proposed.
Accordingly, the ordinance proposes to change the number ‘16’ to ‘20’ in three different sections of the Municipal Code. These proposed redline amendments (Attachment 3) 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 is before the City Council to gain full 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 requires 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 that the 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 an 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).
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:
In lieu of the full text ordinance being published within 15 days after passage, the City Clerk published and posted the summary of the proposed ordinance on August 14, 2024, and will publish and post a summary of the ordinance 15 days after adoption.
ATTACHMENTS:
1. Ordinance No. 2024-08
Submitted By: Community Development Department / Richard Grunow