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1 ORDINANCE NO. 2025-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CORONADO, AMENDING PORTIONS OF THE CORONADO
MUNICIPAL CODE RELATED TO THE SIXTH CYCLE HOUSING
ELEMENT UPDATE
WHEREAS, State Housing Element law (Government Code Section 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2021-2029 to accommodate the City of Coronado regional housing need allocation (RHNA) of 912 housing units, comprised of 481 lower-income units, 159 moderate-income units, and 272 above moderate-income units; and
WHEREAS, pursuant to Assembly Bill 1398 (AB 1398), because the City of Coronado had not adopted a compliant housing element within one year of the statutory deadline, rezones to accommodate the RHNA are required in order to be found compliant, which is required by Government Code Sections 65583(c)(1)(A), and 65583.2(c); and WHEREAS, the City Council of the City of Coronado seeks to comply with AB 1298 and Government Code Sections 65583(c)(1)(A), and 65583.2(c) through the updating of existing City regulations necessary to achieve the RHNA outlined in the City’s 6th Cycle Housing Element Update; and
WHEREAS, updating the City’s zoning ordinance would further many of the programs identified in the 6th Cycle Housing Element Update; and WHEREAS, a public hearing was held by the Planning Commission on March 26, 2024.
Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; and
WHEREAS, at the hearing, the Planning Commission recommended the City Council review and deny this Ordinance; and
WHEREAS, a public hearing was held by the City Council on April 16, 2024 where the Local Coastal Program and Zoning Ordinance amendments were adopted; and WHEREAS, the City is located entirely within the Coastal Zone as identified by the California Coastal Commission, and therefore requires that the City’s Local Coastal Program be updated to implement the Housing Element Update and associated Zoning Ordinance Amendments; and
WHEREAS, On December 12, 2024, the California Coastal Commission approved the Zoning and Local Coastal Program Amendments with suggested modifications that updated the plan to provide clarity and affirmative language to ensure consistency with the Chapter 3 policies of the Coastal Act in regard to visitor-serving commercial uses and coastal hazards; and WHEREAS, a public hearing was held by the City Council April 1, 2025 to include the California Coastal Commission suggested modifications in the City’s Zoning Ordinance.
Evidence, both oral and written, was presented to, and considered by, the City Council at this public hearing.
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2 NOW, THEREFORE, the City Council of the City of Coronado hereby ordains as follows:
Section 1. All of the above statements are true and incorporated herein.
Section 2. An Environmental Assessment was prepared pursuant to Government Code Section 65759.
Section 3. Sections 86.34.020, 86.34.030, 86.34.040 and 86.70.052 of the Coronado Municipal Code are hereby amended to read as follows:
SEE EXHIBIT “A”
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk of the City of Coronado shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Coronado, California, on the 1st day of April 2025; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Coronado, California, on the 15th day of April 2025, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
____________________________________
JOHN D. DUNCAN, Mayor of the
City of Coronado, California
ATTEST:
__________________________________
KELSEA HOLIAN, City Clerk of the
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3 City of Coronado, California
*****
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO: ss.
CITY OF CORONADO)
I, Kelsea Holian, City Clerk of the City of Coronado, hereby certify that the foregoing ORDINANCE NO. 2025-03 passed at the 15th day of March 2025 after having been read at the regular meeting of said City Council held on the 1st day of March 2025. ________________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
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4 EXHIBIT A
Chapter 86.34
HOUSING ELEMENT OPPORTUNITY SITE OVERLAY ZONE
86.34.020 Permitted Uses
Allowed uses in the HE Overlay Zone are the same as the underlying basic zone except as provided below.
C. Commercial Designated Properties. For property designated Commercial, a mix of shopkeeper units and residential uses are allowed on the ground floor as follows:
i. Shopkeeper units or live-work quarters may occupy the entire ground floor and may front a street;
ii. Residential uses may front 2nd Street between B Avenue and C Avenue; and iii. Other residential uses shall not occupy more than 50 percent of total square feet of the ground floor and shall not front a street.
86.34.030 Development Standards
Development standards in the HE Overlay Zone are the same as the underlying basic zone except as provided below.
D. Flood Risk. The following shall be required for projects at 150 B Avenue (APNs5361022800, 5361022000, 5361023100, 5361023200, 5361023300) and 201 6th Street (APNs 5364111100, 5364111000, 5364110900, 5364110800, 5364110700, 5364110600, 5364110500, 5364110400, 5364110300, 5364110200, 5364110100, 5360100500):
a) The record owner of the development shall enter into an agreement with the City prior to or concurrent with the issuance of a coastal permit in a form that is approved by the City Attorney. The agreement shall include the following acknowledgements and provisions:
1) that the development is located in an area of future sea level rise, including flooding and storms, that may become hazardous in the future; 2) that sea level rise could render it infeasible to provide services to the site; 3) except as to properties governed by the Court of Appeal decision in SLPR, LLC v. State Lands Com. (2020) 49 Cal.App.5th 284, the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land; 4) that additional adaptation strategies may be required in the future to address sea level rise consistent with the Coastal Act and certified LCP; 5) that the owner waives any rights under Coastal Act Section 30235 and related LCP policies to hard shoreline armoring to protect the development; and 6) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe.
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5 b) The record owner of the development shall provide notice in the lease to all occupants of the development of the acknowledgements and provisions specified in 86.34.030D(a). c) The first finished floor of the development shall be elevated at least above existing grade.
The development shall not include subterranean parking garages or basements.
86.34.040 By-Right Approval Process
B. As used in this section, “Lower income households” are defined in Health and Safety Code Section 50079.5. “By-right approval” means that the project does not require a special use permit, planned unit development permit, or other discretionary City review or approval. A byright approval process may include ministerial design review as required pursuant to Coronado Municipal Code Title 80 or a coastal permit as required pursuant to Coronado Municipal Code Title 86 Chapter 86.70. Any project that proposes or requires a subdivision map is required to comply with all State and local subdivision requirements.
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6 Chapter 86.70
COASTAL PERMITS
86.70.052 Exempt categories of development.
The City, after public hearings, has identified the following categories of development as having no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast, and has therefore exempted these development categories from City coastal permit requirements (as per CMC 86.70.040):
A. Improvements to existing single-family dwelling buildings (in accordance with the LCP); B. Improvements to existing duplexes (in accordance with the restrictions of the LCP); C. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; provided, however, that if the City determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall prohibit the use of such methods; and provided, that the activities abide to the restrictions of the LCP; D. The installation, testing, and placement in service of the replacement of any necessary utility connection between an existing services facility and any development approved pursuant to the LCP);
H. Construction of a single-family dwelling building on a legal lot of record in conformance to all applicable requirements of the LCP;
I. Construction of a duplex on a legal lot of record in conformance to all applicable requirements of the LCP;
K. Activities not requiring an initial study under CEQA, an environmental assessment under NEPA, a Planning Commission or City Council interpretation, or issuance of a special use permit or variance; and provided the activities as reviewed within the policies of the Coastal Act shall not create a potential for any adverse effect either individually or cumulatively on coastal resources and the activities conform with all provisions of the LCP. (Ord. 1588)