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28 ORDINANCE NO. ORD-22-0016
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING ORDINANCE NO.
ORD-21-0020 EXTENDING FOR TWELVE (12) MONTHS
INTERIM REGULATIONS (MORATORIUM) IN
ACCORDANCE WITH CHAPTER 21.50 OF THE LONG
BEACH MUNICIPAL CODE ON THE ISSUANCE OF
BUILDING, CONSTRUCTION, OCCUPANCY PERMITS, OR
OTHER ENTITLEMENTS FOR NEW STAND-ALONE
RESIDENTIAL CONSTRUCTION ALONG
TRANSPORTATION CORRIDORS IN AREAS THAT ARE
DESIGNATED BY THE 2019 GENERAL PLAN LAND USE
ELEMENT UPDATE AS THE NEIGHBORHOOD-SERVING
CORRIDORS OR CENTERS PLACETYPE ON WILLOW
STREET, WEST OF THE 1-710 FREEWAY TO THE CITY
TERMINUS; AND SANTA FE AVENUE, BETWEEN PACIFIC
COAST HIGHWAY ON THE SOUTH AND WARDLOW ROAD
ON THE NORTH, IN THE WEST LONG BEACH AREA OF
THE CITY; DECLARING THE URGENCY THEREOF; AND
DECLARING THAT THIS ORDINANCE SHALL TAKE
EFFECT IMMEDIATELY
WHEREAS, on June 15, 2021, the City Council of the City of Long Beach imposed, on an urgency basis, interim regulations for twelve (12) months against the issuance of building, construction, occupancy permits, or other entitlements for new stand-alone residential construction along transportation corridors in areas that are designated by the 2019 General Plan Land Use Element Update (LUE) as the DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 1
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Neighborhood-Serving Corridors or centers Place Type on Willow Street, West of the 1- 710 Freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the South and Wardlow Road on the North, in the City of Long Beach because the City Council found that existing regulations contained in the City's Zoning and/or Building regulations may be in conflict with the newly adopted and amended LUE and Urban Design Element (UDE) of the City; and
WHERAS, as a result of said conflict, without the adoption of interim land use regulations (i.e. a moratorium), out of character development could and would be permitted resulting in "stand alone" single-use residential structures forestalling the ability to create walkable mixed use "neighborhood serving centers" and corridors as contemplated by the adoption of the current LUE and UDE Elements of the City's General Plan; and
WHEREAS, the current LUE has designated the corridors of Santa Fe Avenue between Pacific Coast Highway and Wardlow Road, and Willow Street from the 1-710 to the City terminus, as "neighborhood serving corridors and centers" designed to meet resident and consumers daily needs for goods and services close to residential areas providing such amenities as restaurants, cafes, retail shops, financial institutions . and other daily conveniences; and·
WHEREAS, the subject interim regulations (moratorium) are providing the City and City staff, together with input from the public, an opportunity to determine how the current Zoning and/or Building regulations can best be amended to eliminate, to the extent reasonably feasible, the conflict between the current regulations and the newly adopted LUE and UDE; and
WHEREAS, maintaining the status quo with respect to residential construction in the geographic areas described above by assuring that no new applications for building or construction permits, or other entitlements are accepted, and no new building or construction permits, or other entitlements are issued, while the City conducts the necessary study along transportation corridors on Willow Street, west of the DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 2
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1-710 freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the south and Wardlow Road on the north, is consistent with good planning practice and is likewise consistent with the goals and objectives of both the LUE and UDE; and
WHEREAS, additional time is required for the Development Services Department and the Planning Commission to study and complete the comprehensive regulations amending the City's Zoning and/or Building regulations to address such potential conflicts with the City's LUE and UDE and for the Economic Development Department to conduct a market study; and
WHEREAS, a duly noticed public hearing was held on June 14, 2022, regarding the extension of the moratorium.
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Ordinance No. ORD-21-0020, Section 2, adopted as an emergency ordinance on June 15, 2021, is amended to read as follows:
Section 2. Estimated Time for Completion of Study. It is estimated that the study or studies undertaken in connection with the adoption of this interim ordinance may take the Development Services Department and the Planning Commission approximately twenty-four (24) months to complete. For the purposes of this ordinance, this interim moratorium study period shall expire no later than June 15, 2023.
Section 2. Ordinance No. ORD-21-0020, Section 3, adopted as an emergency ordinance on June 15, 2021, is amended to read as follows:
Section 3. Prohibition.
Notwithstanding any provision of the Long Beach Municipal Code to the contrary, for a period of twenty-four (24) months from the effective date of this Ordinance, which would be June 15, 2023, or until a permanent ordinance becomes effective, whichever occurs first:
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28 A. No application shall be accepted for a building or construction permit, or other entitlement for new residential stand-alone construction on the transportation corridors in West Long Beach on Willow Street, west of the 1-71 O freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the south and Wardlow Road on the north, in the City of Long Beach.
B. No building or construction permit, or other entitlement for new residential stand-alone construction on the transportation corridors on in West Long Beach on Willow Street, west of the 1-710 freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the south and Wardlow Road on the north, in the City, shall be issued.
Section 3. Declaration of Urgency. This ordinance is an emergency measure, and it is urgently required for the reason that, pending completion of the necessary planning policy study, and a determination relative to the potential need to amend the Zoning or Buitding regulations of the City, it is necessary to temporarily · prohibit the issuance of construction or building permits or other entitlements related to new residential stand-alone construction on Willow Street, west of the 1-710 freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the south and Wardlow Road on the north, in order to avoid the adverse impacts that might arise with the pending revisions to the Zoning or Building regulations of the City being considered during the interim period.
Section 4. This ordinance is an emergency ordinance duly adopted by the City Council on by a vote of at least five (5) of its members and shall take effect immediately. The City Clerk shall certify to a separate roll call and vote on the question of the emergency of this ordinance and to its passage by the vote of five members of the City Council of the City of Long Beach, and cause the same to be posted in three conspicuous places in the City of Long Beach.
Section 5. This ordinance shall also be adopted by the City Council as a DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 4
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regular ordinance, to the end that in the event of any defect or invalidity in connection with the adoption of this ordinance as an emergency ordinance, the same shall, nevertheless, be and become effective on the thirty-first day after it is approved by the Mayor.
Section 6. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach and shall cause the same to be posted in three (3) conspicuous places in the City of Long Beach.
I hereby certify that on a separate roll call and vote which was taken by the City Council of the City of Long Beach upon the question of emergency of this ordinance at its meeting of June 14 , 2022, the ordinance was declared to be an emergency by the following vote:
Ayes: Councilmembers: Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin,
Richardson.
Noes: Councilmembers: None.
Absent: Councilmembers: None.
Recusal(s): Councilmembers: None.
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1 I further certify that thereafter, at the same meeting, upon a roll call and 2 vote on adoption of the ordinance, it was adopted by the City Council of the City of Long 3 Beach by the following vote:
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28 Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
II
II
DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX
Zendejas, Allen, Price, Supernaw,
Mungo, Saro, Uranga, Austin,
Richardson.
None.
None.
None.
6 1 I further certify that the foregoing ordinance was thereafter adopted on final 2 reading by the City Council of the City of Long Beach at its meeting of 3 , 2022, by the following vote:
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6 7
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10 Ayes:
Noes:
Absent:
Councilmembers:
Councilmembers:
Councilmembers:
11 Recusal(s): Councilmembers:
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17 Approved:
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28 DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 7
June 21
Zendejas, Allen, Supernaw,
Saro, Austin, Richardson.
None.
Price, Mungo, Uranga.
None.
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Tamela Austin being duly sworn says: That I am employed in the Office of the City Clerk of the City of Long Beach; that on the 23rd day of June, 2022, I posted three true and correct copies of Final Ordinance No. ORD-22-0016 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of Civic Chambers; one of said copies in the Main Library; and one of said copies on the front counter of the Office of the City Clerk.
Subscr ibed and sworn to before me
This 23rd day of June, 2022.