November 18, 2024
Port Hueneme City Hall
250 North Ventura Road, Port Hueneme, CA 93041
6:30 PM Open Session
Attached is a letter received via email related to Agenda Item No. 9: INTRODUCTION OF
AN ORDINANCE APPROVING AMENDMENTS TO ARTICLE X OF THE PORT HUENEME
MUNICIPAL CODE WITH REGARD TO AFFORDABLE HOUSING REGULATIONS AND TO REVISE THE MIXED USE DENSITY (R-4) ZONING STANDARDS, TO REPEAL THE CITY’S
ACCESSORY DWELLING UNIT ORDINANCE AND TO REZONE CERTAIN PROPERTIES TO
BE CONSISTENT WITH THE GENERAL PLAN LAND USE MAP, AND TO APPROVE THE
ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT PREVIOUSLY PREPARED FOR THE GENERAL PLAN UPDATE PROJECT, which was received following the posting and distribution of the November 18, 2024, Agenda:
• Letter dated November 18, 2024 from Loeb & Loeb LLP representing Hueneme Bay Center Limited Partnership
JILL M. JONES
Senior Counsel
10100 Santa Monica Blvd.
Suite 2200
Los Angeles, CA 90067
Direct 310.282.2212
Main 310.282.2000
Fax 310.282.2200
[email protected]
Los Angeles New York Chicago Nashville Washington, DC San Francisco Beijing Hong Kong www.loeb.com For the United States offices, a limited liability partnership including professional corporations. For Hong Kong office, a limited liability partnership. 240362253.3
922222-13731
Via E-mail ([email protected])
November 18, 2024
City of Port Hueneme
City Clerk
250 North Ventura Road
Port Hueneme, CA 93041
Re: City Council Public Testimony November 18, 2024 Hearing Agenda Item No. 9, November 18, 2024 Agenda
Dear City Council Members:
Loeb & Loeb LLP represents the Hueneme Bay Center Limited Partnership (the “LP”). The LP owns that certain commercial center at 2611-2641 North Ventura & 301-321 East Channel Island Blvd. in the City of Port Hueneme (“City”), commonly known as the “Hueneme Bay Center.” The LP recently became aware that today the City Council will consider changing the Hueneme Bay Center zoning from C-1 (General Commercial) to R-4 (Mixed Use Residential), with associated text changes to the existing provisions of the R-4 zone (the “Zone Change”).
As you know, many retail centers have suffered greatly since the Covid-19 Pandemic. We are concerned that a zone change to R-4 could result in additional burdens and restrictions on the business community, especially the Hueneme Bay Center, which provides commercial spaces for local businesses and community amenities. We therefore appreciate your Director of Community & Economic Development Department, Tony Stewart, taking time to discuss the LP’s concerns and providing his assurances that the City fully supports its commercial businesses, and that the intent of the proposed changes is to add residential uses, not limit commercial uses.
In reviewing correspondence from the City, it is our understanding that the intent of the Zone Change and proposed amendments is to continue to allow the general commercial uses currently permitted and conditionally permitted in the C-1 zone while adding authorization for residential uses in an effort to address the State housing crisis.
More specifically, based on our discussions with Mr. Stewart, we understand that for those properties, such as the Hueneme Bay Center, that are being rezoned from C-1 to R-4, the intended effect of the Zone Change is to continue to allow all uses currently permitted or conditionally permitted in the C-1 zone (Municipal Code sections 10480 to 10484), in addition to allowing residential uses as provided in the R-4 zone.
City of Port Hueneme
November 18, 2024
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We further understand that you are in agreement that the proposed language for the Zone Change, as set forth in the packet for the November 18, 2024 Agenda (Item No. 9), should be further revised to include the changes as set forth in the attached Exhibit A. The revisions in Exhibit A further clarify the stated intent that the Zone Change will continue to allow all uses that are permitted and conditionally permitted in the C-1 zone for those properties, including the Hueneme Bay Center, that are being rezoned from C-1 to R-4.
The LP reserves its right to request additional modifications as may be necessary to further clarify and effectuate the intent of the Zone Change to continue to allow general commercial uses consistent with their existing C-1 zoning.
We appreciate your time and cooperation in this matter.
Sincerely,
Jill M. Jones
Senior Counsel
cc (via email):: Joan Stevens Smyth, City Attorney ([email protected]) Matthew Sullivan ([email protected])
Tony Stewart, Director Community & Economic Development ([email protected])
Mark Sullivan ([email protected])
Ron Altman ([email protected])
Jim Patton ([email protected])
Elizabeth Camacho ([email protected])
JMJ:gsh
Attachment
EXHIBIT “A”
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Exhibit A
10462 - Ministerially permitted uses.
The following uses may be permitted in the R-4 Zone and shall be reviewed ministerially pursuant
to Section 10354.
A. One-family dwellings;
B. Two family dwellings;
C. Condominiums, apartments or townhouses;
D. Community care facilities as defined in Section 1502 of the State Health and Safety Code which include, but are not limited to: employee housing, group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, and child day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;
E. Small family day care homes;
F. Supportive housing;
G. Transitional housing;
H. Low barrier navigation centers, subject to compliance with California Government Code Section 65660 et. seq. and Welfare and Institutions Code Section 8255, and as they may be amended from time to time;
I. Developments qualifying for ministerial permitting in accordance with SB35 and AB 2011; and
J. All uses currently listed as permitted uses in the C-1 (General Commercial) zone (pursuant to Section 10481) permitted uses within Section 10481 that were existing as of January 1, 2025 on properties re-zoned from C-1 to R-4 prior to July 1, 2025. 240362140.1
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2 10463 - Administratively permitted uses.
The following uses may be permitted in the R-4 Zone subject to the issuance of an Administrative Permit pursuant to Section 10353 provided that the total floor area of nonresidential uses:
1) comprise no more than 50 percent of the total usable floor space of the overall project area; and
2) do not exceed 5,000 gross square feet in area per business.
A. Condominiums, apartments, or townhouses (comprising more than six (6) units and less than twenty (20) units); Agenda Item No. 09 Page 38 of 193 CC Agenda 11-18-2024 B. Transitional housing (comprising more than six (6) units and less than twenty (20) units); C. Assembly;
D. Fitness and health establishment;
E. Services, minor; and
F. All uses currently listed as permitted uses in the C-1 (General Commercial) zone (pursuant to Section 10481) which are developed after January 1, 2025, except for restaurants, fastfood with drive-thru and service stations, which require a Conditional Use Permit. 10464 - Conditional uses.
The following uses may be permitted in the R-4 Zone subject to the issuance of a Conditional Use Permit pursuant to Section 10352 as a component of a mixed-use project if non-residential uses comprise no more than 50 percent of the total usable floor space of the overall project area.
The applicant must show that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated including a finding that any proposed residential uses will not be exposed to offensive noise, especially from traffic or late-night activity or obnoxious odors generated on-site or in the immediate vicinity; provided, further, that the Conditional Use Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of such permit:
A. Condominiums, apartments, or townhouses (comprising twenty (20) or more units); B. Transitional housing (comprising twenty (20) or more units); C. Assembly (over 5,000 gross square feet in area);
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D. Alcoholic beverage sales/serving establishments excluding Beverage Control Act Type 41 licenses which may be permitted by issuance of an administrative permit; E. Cannabis uses, including stand-alone distribution (refer also to PHMC Article III, Chapter 12);
F. Cultural/community facilities;
G. Fitness and health establishments;
H. Hotels/motels;
I.. Recreation, commercial;
J. Restaurant, fast-food with drive-thru;
K. Service stations;
L. Services, major;
M. Services, minor (over gross 5,000 square feet in area); N. Notwithstanding any other provisions of this Section 10464, for properties re-zoned from C-1 to R-4 prior to July 1, 2025, aAll uses conditionally permitted in the C-1 (General Commercial) zone (pursuant to Section 108482) and permitted or conditionally permitted in the C-S (Special Commercial Zone (pursuant to Sections 10501 and 10502) that are not otherwise permitted under Section 10462,; for properties re-zoned from C-1 to R-4 prior to July 1, 2025 are permitted subject to the issuance of a Conditional Use Permit pursuant to Section 10352 and , notwithstanding the general paragraph of this Section 10464, all conditionally permitted uses within this subsection N need not be a component of a mixed-use project; O. Residential units may be developed on Key Development Site 1 in Area K — Channel Islands as a part of a mixed-use development, only if the residential uses are developed concurrently with a minimum of nineteen thousand (19,000) square feet of ground floor commercial of which three thousand three hundred (3,300) square feet may consist of live/work space. All ground floor square footage fronting Victoria Avenue shall only be developed with commercial space. A lease or rental agreement shall be required for all tenant(s) of live/work space, limiting the use of such space to solely live/work.