TITLE
Adopt resolution authorizing City Manager, or designee, to submit the Local Coastal Program Amendment (LCP-5-LOB-21-0088-2) and associated materials to the California Coastal Commission for its review and certification in compliance with the California Coastal Commission’s June 8, 2023 action. (Citywide)
DISCUSSION
In accordance with the California Coastal Act of 1976 (Coastal Act), the City of Long Beach (City) has a certified Local Coastal Program (LCP), which consists of the Land Use Plan and Implementation Plan (IP). The IP includes the Zoning Code (Title 21 of the Long Beach Municipal Code [LBMC]), the Zoning Map, and the Subdivision Code.
On October 5, 2021, the City Council adopted Ordinance No. ORD-21-0034 adding Chapter 21.68 to Title 21 of the LBMC and amending Subsection 21.25.506.A.7 of the LBMC, related to establishing an Ordinance for an Enhanced Density Bonus (EDB) program. On September 14, 2021, the City Council approved Resolution No. RES-21-0113 directing the Director of Development Services to submit a Local Coastal Program Amendment (LCPA) for the approved Ordinance to the California Coastal Commission (CCC) for a finding of conformance with the Certified LCP.
On June 8, 2023, the CCC held a public hearing for the LCPA (LCP-5-LOB-21-0088-2) (Attachment A) and recommended certification of the LCPA with three (3) requested modifications pertaining to references to non-certified provisions of the LBMC, clarification for required consistency with LCP and protection of coastal resources, and corrections to typographical errors (Attachment B). The recommended modifications to the LBMC require the approval of the City Council prior to resubmittal to the CCC for its subsequent approval and certification.
The City Council’s discretion in this matter is to either accept or reject the modifications requested by the CCC, as no further changes are possible at this stage in the CCC review process without starting anew and submitting an entirely new application to the CCC. In order for the LCPA to be approved and certified by the CCC, the City Council must take action to accept the requested modifications. If adopted, the Ordinance will be forwarded to the CCC for final approval and certification. If the modifications are rejected, the City will need to submit an entirely new application to the CCC for review. The requisite findings to support implementation of the CCC’s requested modifications are included for the EDB Ordinance (Attachment C).
More specifically, the proposed modifications requested by the CCC are intended to provide consistency with the LCP and the Coastal Act. The following is a summary of the modifications - the entirety of requested modifications can be found in Attachment B:
• Requested Modification 1: Remove references to regulations that are not currently part of or proposed to be added to the certified LCP and clarify that density bonus projects must comply with the certified LCP in the coastal zone.
• Requested Modification 2: Ensure density bonus concessions/incentives do not adversely impact coastal resources, including public access opportunities.
• Requested Modification 3: Fix typographical error.
The requested modifications do not substantially change the approved ordinances but add procedural requirements for properties in the Coastal Zone of the City related to coastal development permit findings, to ensure consistency with other restrictions already in place for properties in the Coastal Zone. The changes are also intended to protect visitor-serving resources and public access in the Coastal Zone, which is an established goal of the CCC.
The modifications to Chapters 21.25 and 21.68 are included in Title 21 of the LBMC and the IP of the City (Attachment D).
Public Hearing Notice
In accordance with public hearing notification requirements for a Zoning Ordinance Amendment in LBMC Section 21.21.302.C, notice of this public hearing was published in the Long Beach Press-Telegram on September 5, 2023; written notices were sent to the CCC and to anyone requesting such notice. Notices were provided to City branch libraries and notice posting was provided at City Hall and at three public locations.
Environmental Review
In accordance with the Guidelines for Implementation of the California Environmental Quality Act (CEQA), Public Resources Code Section 21080.9 and California Code of Regulations Section 15265(a)(1), the proposed modifications are statutorily exempt as CEQA does not apply to activities and approvals by the City necessary for the preparation and adoption of an LCPA. The proposed modifications are necessary for certification of the LCPA by the CCC. No additional action is required for environmental review.
Pursuant to the CEQA and the State CEQA Guidelines, an Initial Study/Negative Declaration (IS/ND) was originally prepared for the ordinance (EDB Ordinance) and found that the project would not result in significant effects to the environment (Attachment E), as the proposed EDB Ordinance does not change the underlying zoning of any properties, does not introduce uses that are materially different from those otherwise permitted in the respective zoning districts and is a tool to facilitate the levels of development already contemplated by the 2019 Land Use Element (LUE) Update and analyzed in the LUE Program Environmental Impact Report. Individual projects will continue to be subject to project-level environmental review as required by CEQA. The major concepts of the proposed EDB Ordinance and the Negative Declaration were posted on the City website and notice was published in the Long Beach Press-Telegram on May 3, 2021. The IS/ND was circulated for a 30-day public review period between May 3, 2021, and June 3, 2021. The City Council accepted ND 08-20 as part of its adoption of the Ordinance in 2021.
The current action is procedural in nature and consists only of relatively minor modifications to land use regulations included as part of the EDB Ordinance and does not include any direct land use approvals. The proposed adoptions under current consideration fall within the scope of the previously accepted IS/ND for the EDB Ordinance, and no further environmental review is required. The proposed amendments to the Ordinance would not change the environmental setting or circumstances of the previously approved Ordinance (project).
This matter was reviewed by Deputy City Attorney Erin Weesner-McKinley on August 30, 2023 and by Revenue Management Officer Geraldine Alejo on August 31, 2023.
TIMING CONSIDERATIONS
City Council action is requested on September 19, 2023, to comply with the Coastal Act requirement that the City complete the adoption of the modifications by December 8, 2023. Due to the City’s current local homelessness emergency proclamation, it is requested that this item is placed on the first available agenda to ensure the applicability of these housing ordinances throughout the entire city, including the coastal zone.
FISCAL IMPACT
There is no fiscal or local job impact associated with this recommendation. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
CHRISTOPHER KOONTZ, AICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
THOMAS B. MODICA
CITY MANAGER