061422-H-21sr&att.pdf — Long Beach City Council, June 21, 2022

DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
ORDINANCE NO.

AN ORDINANCE OF TH E 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 I-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 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
Neighborhood-Serving Corridors or centers PlaceType on Willow Street, West of the I- 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 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
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 provisi on 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:

DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
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 I-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.

B. No building or constructi on 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 I-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 Building 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 I-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 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
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 ro ll 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 _______________, 2022, the ordinance was declared to be an emergency by the following vote:

Ayes: Councilmembers: ____________________ ___________ _________ ______________________
_________ ______________________
Noes: Councilmembers: __________________ _____________ _________ ______________________

Absent: Councilmembers: __________________ _____________ _________ ______________________
Recusal(s): Councilmembers: __________________ _____________ _________ ______________________
//
//

DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 6
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
I further certify that thereafter, at the same meeting, upon a roll call and vote on adoption of the ordinance, it was adopted by the City Council of the City of Long Beach by the following vote:

Absent: Councilmembers: __________________ _____________ _________ ______________________
Recusal(s): Councilmembers: __________________ _____________ _________ ______________________
//
//

DAM:kfa:kjm 5/24/22 A21-01392 01392532.DOCX 7
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
I further certify that the foregoing ordinance was thereafter adopted on final reading by the City Council of the City of Long Beach at its meeting of _______________, 2022, by the following vote:

Absent: Councilmembers: __________________ _____________ _________ ______________________
Recusal(s): Councilmembers: __________________ _____________ _________ ______________________

_________ ______________________
C l e r k

Approved: ______________ _______________ ________________ ( D a t e ) M a y o r

CHARLES PARKIN
City Attorney
MICHAEL J. MAIS
Assistant City Attorney

OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Writer's Direct Dial: (562) 570-2230
Facsimile: (562) 436-1579
E-Mail: [email protected]
June 15, 2021

HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:

H-17
Recommendation to receive supporting documentation into the record, conclude the hearing, and declare an ordinance relating to the temporary limitation (moratorium) on the issuance of building permits, construction permits or other entitlements for new residential stand-alone construction along commercial and transportation corridors in areas that are designated by the 2019 General Plan Land Use Element Update as the Neighborhood Serving Corridors or Centers Place Type on Willow Street, west of the 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, read the first time and laid over to the next regular meeting of the City Council for final reading; declaring the urgency thereof; and declaring this ordinance shall take effect immediately. (Seventh District)

DISCUSSION
On May 18, 2021, the City Council adopted a minute order pursuant to an agenda request which initiated a moratorium relating to the issuance of building permits, construction permits, or other entitlements for new residential stand-alone construction along commercial and transportation corridors in areas that are designated by the 2019 General Plan Land Use Element Update as the 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. The moratorium was initiated pursuant to the provisions of Chapter 21.50 of the Municipal Code, "Interim Prohibition of Uses." The attached ordinance, which has been prepared for Council's consideration, establishes a twelve (12) month moratorium period to be effective in the geographic areas described above. During this time, the Development Services Department and the Planning Commission will undertake a study of potential amendments to the Zoning or Building Attachment A
Honorable Mayor and City Council
June 15, 2021

Page 2 ends

regulations of the City relating to the construction of stand-alone residential dwelling units along the corridors in question, and will also study the City's existing Zoning or Building regulations in order to align said regulations with the recently adopted Land Use and Urban Design Elements of the General Plan approved by the City Council in 2020. At the conclusion of the relevant study, the Planning Commission will make a recommendation to the City Council in regard to appropriate amendments that can, or should be, made to the City's current regulatory structure.

The twelve (12) month moratorium will apply to any application for permits received after 5:00 p.m. on May 18, 2021.

SUGGESTED ACTION:

Approve recommendation.

MJM:kjm
A21-01392
01279934.docx
CHARLES PARKIN, City Attorney
By ~x·~
MICHAEL . MAIS
Assistant City Attorney
1 2
3 4
5 6
7 8
9 10
11 >- '-->- Q) 0
w E .2
12 z oLL"<t
0:: ~ ..c CD
o-;,cn~ I= :t:: "0- N 13 <eorog
~ z- ~ g
14 - O"S <( ozo 0 w z Ill :r:<C c::.
i- :r: IB -5 15 LL(/)Uro
O u.iO ~
WI-iii a 16 () a:: Q) c:: -w::;:o LL Ill -1
LL Q.,....
17 0 a:: ;;
18 19
20 21
22 23
24 25
26 27
28 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH IMPOSING 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, concerns have been raised over applications for building permits, construction or occupancy permits, and other entitlements for new residential construction along certain transportation corridors on Willow Street, west of the I-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 West Long Beach area of the City; and WHEREAS, residents, Councilmembers, and other stakeholders and individuals have expressed concern that the current Zoning Regulations of the City may MJM:kjm 6/7/21 A21-01392 01279978.docx 1
1 2
3 4
5 6
7 8
9 10
11 >, '-
>- <!) 0
LI.J E .Q
12 zoU."<t a::::t:::.ctD
o-< o; ~
1=>--• 13
.:t="'ON
-<urn~
~:Zai~
- 0 3-< 14 uzou LI.J z ro I-< c .
1-I mn 15 u_Cl)uro
0 uj 0 ci'5
LI.JI-mo 16 u a::<!) c
-wso u. ro ...J
LI. 0 ~
17 Oa::::::t
18 19
20 21
22 23
24 25
26 27
28 not fully address the impacts that residential construction may have on the transportation corridors described above; and that said current Zoning Regulations are, or may be, in conflict with the provisions of the newly adopted and amended Land Use (LUE) and Urban Design Elements (UDE) of the City; and that 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 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) will provide 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 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 MJM:kjm 617/21 A21-01392 01279978.docx 2
1 2
3 4
5 6
7 8
9 10
11 >. ~
>- <ll 0
w E ..Q
12 z 0 L1.. ~
0:: :::: .c c.o
0 -;., Ci) ~
I= :1= "Ci N 13 <Oroi;s
~za;g
14 _o::; < ozo 0 UJ z Cl)
I< c . 1-I rofj 15 u..Cf.l8ro
Ou..iO~
w1-1ilo 16 ()0::<llC
- UJ $ 0 L1.. Cl) _J
u..0..--
17 00:: ~
18 19
20 21
22 23
24 25
26 27
28 WHEREAS, the City's planning staff and the Planning Commission will undertake the necessary study of residential construction along transportation corridors described above and will prepare an implementation plan and recommended action for consideration by the City Council in due course; and
WHEREAS, the goal of any new residential construction along the above described transportation corridors is to develop comprehensive regulations which recognize and balance the various interests related to residential construction in commercial zones and transportation corridors in a manner tailored to the City's unique needs and community vision, and which are supportive of establishing environments that are more walkable and pedestrian friendly environments and which provide surrounding residents access to neighborhood-serving commercial uses and other necessary amenities, and which reflect the land use and zoning policy choices of the City as reflected in the General Plan; and
WHEREAS, until the policy study as described above is undertaken and completed by City Staff and the Planning Commission and any new regulations are adopted by the City Council, there is a significant risk that some individuals or entities may make investments in new residential construction in commercial corridor areas described above that would soon thereafter be illegal, nonconforming, or subject to an amortization program; and
WHEREAS, the possibility that construction of new stand-alone residential development along the commercial and transportation corridors described above could or would be incompatible with the LUE and UDE, and therefore constitute a current and immediate threat to the public health, safety, or welfare. Approval of building or construction permits, or other entitlements in the described areas during the interim study period could result in a threat to public health, safety, and welfare; and WHEREAS, Chapter 21.50 of the Long Beach Municipal Code empowers the City to enact interim zoning (moratorium) regulations which takes effect immediately upon a showing of urgency;
MJM:kjm 6f7/21 A21-01392 01279978.docx 3
» ,__ >- ID 0
w E .2 z o LL~
0::: :i:: ..c: CD
0 -;, cr; ~
I= :=: -0- ('\I
~ u <u g
~ z a;~
- 0:; ~ uzou

LU Z CO
I~ c .
f-I IB-5
LL Cl) 0 co
0 u.i 0 &
LU f- Ci) o U 0::: ID c
- LU So LL CO ....!
LL 0 .,...-
00:::~
1 WHEREAS, on May 18, 2021, the City Council adopted after a public 2 hearing and public input, a minute order pursuant to an agenda request which initiated a 3 moratorium relating to the issuance of building or construction permits, or other 4 entitlements for new stand-alone residential construction in areas that are designated by 5 the 2019 General Plan Land Use Element Update as the Neighborhood-Serving 6 Corridors or Centers PlaceType on the Willow Street and Santa Fe Avenue corridors in 7 the City, and declared the urgency thereof.
8 NOW, THEREFORE, the City Council of the City of Long Beach ordains as 9 follows:
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Section 1. Purpose and Findings. At the direction of the City Council, the Development Services Department and the Planning Commission will undertake a policy study of potential amendments to the Zoning Regulations and Building Codes of the City of Long Beach ("City") regulating, limiting or prohibiting new residential construction along commercial and transportation corridors in in areas that are designated by the 2019 General Plan Land Use Element Update as the Neighborhood-Serving Corridors or Centers Place Type on Willow Street, west of the I-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. The City Council specifically finds that the existing regulations contained in the City's Zoning and/or Building regulations may be in conflict with the Zoning and Building regulations that are or will be studied by the Development Services Department and the Planning Commission pursuant to the City Council's direction.

Section 3. Prohibition.

Notwithstanding any provision of the Long Beach Municipal Code to the MJM:kjm 617/21 A21-01392 01279978.docx 4
>- '->- <IJ 0
LU E ..Q
z olJ...'<t
a:: :i:: ..c <D
0 <( - <D
f:: >- Ol_ "f :t::'. "'O N
<(u rog
r:= z- 1V as
- 0 s <( uzo 0 LU Z CD
I<( c .
f-I ro-§
u...Cl)~ro
0 u.iO ~
LU f- 1il o
()0::<1JC
- LU S o U... CD -l
U...0.,-
0 a:: :;;:
1 contrary, for a period of twelve (12) months from the effective date of this Ordinance, 2 which would be June 15, 2022, or until a permanent ordinance becomes effective, 3 whichever occurs first:
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
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 I-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.

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 4. Exceptions.

A. The prohibitions specified in Section 3 of this Ordinance shall not apply to residential stand-alone construction along transportation corridors in West Long Beach on Willow Street, west of the I-710 freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the south and Wardlow Road on the north, for which a permit application is required as follows:

1. In order jo comply with an order issued by the Department of Development Services to repair, remove, demolish or maintain any unsafe or a substandard condition; or

2. In order to replace or repair damage as a result of fire, earthquake, or other natural disaster, provided that the replacement or repair is not prohibited by any other provision of the Long Beach Municipal Code.

B. The prohibitions specified in Section 3 of this Ordinance shall not apply to any building or construction permit or other entitlement issued for new residential stand-alone construction along the transportation corridors on Willow Street, west of the MJM:kjm 617/21 A21-01392 01279978.docx 5
1 2
3 4
5 6
7 8
9 10
11 >, '-
>- Q) 0
LU E ..Q
12 z 0 u..""'"
~:i::.cc.o
0 -< a; ~
~ >, -
13 ~"'C N
-=i:Uroas >-z>O t- o~ m
14 oz6(§
LU z C:O
:r:-<c.
t- :r: IB -5 15 u.. (/) () ct)
O u.iO ~
LUI-en o 16 u ~ Q) c
- LU $ o u.. c:o ....J
u.. 0 ~
17 o~~
18 19
20 21
22 23
24 25
26 27
28 1-710 freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the south and Wardlow Road on the north, prior to 5:00 p.m. on May 18, 2021.

C. The prohibitions specified in Section 3 of this Ordinance shall not apply to the routine maintenance or repair of existing residential stand-alone construction on the transportation corridors 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, provided that the residential construction is not enlarged in any manner. During the period of this interim ordinance no residential construction along transportation corridors 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, shall be removed and replaced for the purposes of modernization, except pursuant to an order issued by the Department of Development Services.

Section 5. Severability. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Ordinance which can be implemented without the invalid provision, and, to this end, the provisions of this Ordinance are declared to be severable.

Section 6. Applicability of the Zoning Code. The regulations of this Ordinance are in addition to those set forth in the planning and zoning provisions of Chapter 21 of the Long Beach Municipal Code, and any other ordinances adopted by the· City Council, and do not contain a~y rights not otherwise granted under the provisions and procedures contained in Chapter 21 or any other ordinances.

Section 7. Urgency Clause. The City Council finds and declares that this ordinance is required for the immediate preservation of the public peace, health and safety for the following reasons. This ordinance· is necessary to prevent irreversible development from occurring pending adoption of a permanent ordinance or regulations by preventing permits for the construction of new stand-alone residential construction on Willow Street, west of the 1-710 freeway to the City terminus; and Santa Fe Avenue, MJM:kjm 6/7/21 A21-01392 01279978.docx 6
1 2
3 4
5 6
7 8
9 10
11 >. '->- Q) 0
w E .Q
12 zol.l.."<t a::::i::..c<D
o-;_o;~
I= 0: -0- N 13 <( o ro as
r:ziV~ - o::; <C 14 ozo 0 W Z ID
:r:<Cc·
I- :r: m -D 15 u..U)oro
0 u.i 0 c2l
w I- Ci) 0
16 (.)0:::QJC
-w;s:o LI.. ID -l
LI.. 0 ..-
17 oa:::;:;:
18 19
20 21
22 23
24 25
26 27
28 between Pacific Coast Highway on the south and Wardlow Road on the north, which would possibly undermine the recommendations for updating the zoning and/or building regulations regarding new residential stand-alone construction along the commercial and transportation corridors described above. Therefore, this Ordinance shall become effective upon adoption pursuant to Long Beach City Charter Sections 211 and 212, and Chapter 21.50 of the Long Beach Municipal Code.

Section 8. The City Council finds and determines that the proposed interim ordinance is not in conflict with the various provisions of the California Coastal Act because, among other things, the proposed interim ordinance does not in any way affect access to or the enjoyment of coastal related activities and the areas in question are not in the City's coastal zone.

Section 9. 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 Building 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 I-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 10. This ordinance is an emergency ordinance duly adopted by the City Council on June 15, 2021, 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 11. This ordinance shall also be adopted by the City Council as a MJM:kjm 6/7/21 A21-01392 01279978.docx 7
1 2
3 4
5 6
7 8
9 10
11 » ..__ >- Q) 0
w E .Q
12 z 0 u.""" 0:: :i:: ..c (!)
o<o;~
~ >, - I
13 :t::'. 1J N
<o<u~
~ z a>~
14 - o:; < ()Z o 0 w z al
:r: < c .
f- :r: m -5 15 u. (I) o ro
0 uJ 0 ~
wf-1ilo 16 () 0:: Q) c
-w:;o u. al _J
u. 0 ~
17 0 o::~
18 19
20 21
22 23
24 25
26 27
28 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 12. 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 15, 2021, the ordinance was declared to be an emergency by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

I further certify that on June 15, 2021, upon a roll call and vote on first reading of the ordinance, it was adopted by the City Council of the City of Long Beach by the following vote:

Ayes: Councilmembers:

MJM:kjm 6/7/21 A21-01392 01279978.docx 8
1 2
3 4
5 6
7 8
9 10
11 ;>, .._
>- Ql 0
w E .Q
12 z o LL'<:!"
0:: ~ ..c co
o-;_o;_~
I= :t= -0 N 13 <eorog
f:: z iii §5 _o::;<e 14 ozoo
UJ z ((}
:r:<Cc·
r- :r: m -5 15 LL(J)u<ll
ou.iO&
UJ f- ti 0
16 S::?ffi~§
LL a:l ...!
LL 0.,....
17 0 o::~
18 19
20 21
22 23
24 25
26 27
28 Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

I further certify that the foregoing ordinance was thereafter adopted on final reading by the City Council of the City of Long Beach at its meeting of June 22, 2021, by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

Clerk
Approved: ______ _
(Date) Mayor
MJM:kjm 6f7/21 A21-01392 01279978.docx 9
Memorandum
City of Long Beach
Working
Together to Serve
Date: May 18, 2021
To: Mayor and Members of the City Council
From: Councilmember Roberto Uranga, Seventh District
Councilwoman Mary Zendejas, First District
Councilwoman Cindy Allen, Second District
Councilman Al Austin, Eighth District
Subject: Residential Use Permit Moratorium to Allow Time to Address Zoning Incompatibilities and Conduct West Long Beach Economic Market Study RECOMMENDATION:

Request City Attorney draft an urgency ordinance in accordance with Chapter 21.50 of the Long Beach Municipal Code establishing a moratorium on the issuance of building or construction permits for the construction of new stand-alone residential structures along transportation corridors in West Long Beach on Willow Street, west of the 710 freeway to the City terminus; and Santa Fe Avenue, between Pacific Coast Highway on the south and Wardlow Road on the north to ensure Land Use Element zoning changes occur prior to issuing building or construction permits, and:

Request City Manager to work with the Economic Development Department to develop a plan and identify funding to conduct a market study including economic research and community outreach to attract investment and neighborhood serving uses to West Long Beach along the Santa Fe Avenue and Willow Street Corridors, consistent with the Land Use Element. This project would report back on strategies to attract neighborhood-serving businesses including but not limited to grocery, banking, pharmacy, and coffee, among other amenities, that have long been absent and are needed in West Long Beach.

BACKGROUND:

The City of Long Beach’s Land Use Element was adopted by the Long Beach City Council on December 3, 2019. The Land Use Element directs the long-term physical development of the City by guiding use, form and characteristics of improvements on the land. It designates the location, types and intensity of housing, businesses, industries, open spaces, public buildings, airports, ports, marinas and other uses in Long Beach.

West Long Beach is located west of the I-710 freeway and consists of the Westside and Arlington neighborhoods. These neighborhoods are historically working-class due to their proximity to the Port of Long Beach, refineries and other industrial uses in nearby Wilmington. Many single-family homes and other residences were built between the 1920’s and 1940’s.

The Land Use Element designated the corridors of Santa Fe Avenue, between Pacific Coast Highway and Wardlow Road and Willow Street from the I-710 to the city terminus as “Neighborhood Serving Centers.” This designation is designed to meet consumers’ daily needs for goods and services close to NB-33
Attachment B
residential areas. Ideally, residents could walk to these locations for shopping, personal services or dining. The Land Use Element also encourages mixed use, commercial and apartment buildings with retail and service components integrated along the corridors. While retail and services constantly evolve, currently desired goods and services include restaurants, cafes, retail shops, financial institutions and other daily conveniences within walking distance from residential uses.

Currently, the zoning standards on these two corridors include CCA, R-3-T, R-4-R, R-3-4, CCR and CAN. These zones pre-date the Land Use Element and do not allow for mixed-use development that would be consistent with the Land Use Element and Urban Design Element. The City established compliant zones within Title 22 of the Municipal Code in 2020 and is now undertaking an effort to apply those zones to parcels within West Long Beach.

As a consequence, without a moratorium, out-of-character development could be permitted that would result in stand alone single-use residential structures, forestalling the ability to create walkable mixed- use neighborhoods and corridors. The moratorium shall be limited to parcels along the Willow Street and Santa Fe Avenue corridors, west of the 710-freeway, which have been designated as “Neighborhood Serving Centers” within the Land Use Element. This moratorium will prevent new stand alone residential structures and allow the City to meet its overall goals, as established in the Land Use Element. As the moratorium will still allow residential uses within a mixed-use building, no negative impact to housing supply or construction will occur because of this action.

During the moratorium, a market study for West Long Beach, based on community input, economic research, existing land use, and an assessment of opportunity sites, is needed to help facilitate interest and attraction of neighborhood-focused retail establishments and investors to support the community and implement the Land Use Element and other plans approved by the City Council. Also, staff is requested to provide an assessment of potential fiscal impacts to complete the market study and present to the City Council potential funding sources to implement the plan within 60 days consistent with plans for the Economic Recovery Strategy approved by the City Council on March 16, 2021.

FISCAL IMPACT:

No Financial Management review was able to be conducted due to the urgency and time sensitivity of this item.

REQUEST TO ADD AGENDA ITEM

Date: May 14, 2021

To: Monique De La Garza, City Clerk

From: Councilmember Roberto Uranga

Subject: Request to Add Agenda Item to Council Agenda of May 18, 2021

Pursuant to Municipal Code Section 2.03.070 [B], the City Councilmembers signing below request that the attached agenda item (due in the City Clerk Department by Friday, 12:00 Noon) be placed on the City Council agenda under New Business via the supplemental agenda.

The agenda title/recommendation for this item reads as follows:

Residential Use Permit Moratorium to Allow Time to Address Zoning Incompatibilities and Conduct West Long Beach Economic Market Study

Council
District
Authorizing
Councilmember

Signed by
1 Councilwoman
Zendejas

2 Councilwoman Allen
7 Councilmember
Uranga

City of Long Beach Memorandum
Working Together to Serve

Long Beach City CouncilJune 21, 2022

Long Beach City Council
June 21, 2022