HomeMy Public PortalAbout24-2405 - MAKING A DETERMINATION OF APPLICABILITY OF CEQA GUIDELINES SCTION 15168(c)(2) AND APPROVING ZONING TEXT AMENDMENT NO. 195-23 AND ZONE CHANGE NO. 190-23 FOR A PHASE 1ORDINANCE NO. 24-2405
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING
A DETERMINATION OF APPLICABILITY OF CEQA GUIDELINES SECTION 15168(c)(2) AND
APPROVING ZONING TEXT AMENDMENT NO. 195-23 AND ZONE CHANGE NO. 190-23
FOR A PHASE 1 COMPREHENSIVE RESIDENTIAL AND MIXED-USE UPDATE AND
AMENDMENT TO THE CARSON ZONING ORDINANCE AND ZONING MAP
WHEREAS, on September 6, 2022, following a Planning Commission recommendation and duly
noticed public hearings, the City Council adopted Resolution No. 22-193, adopting an addendum to a
previously approved mitigated negative declaration and approving General Plan Amendment No. 22-01,
a Subsequent Draft Revision to the City9s Housing Element (a part of the City9s General Plan) for the 2021-
2029 planning period. The September 6, 2022 version of the adopted Housing Element was an update to
a version of the Housing Element for the 2021-2029 planning period that the City Council had adopted in
or about February of 2022, and contained revisions from said prior version that were made in response
to comments from the California Department of Housing and Community Development (<HCD=) in the
course of its review for compliance with State Housing Law requirements. Pursuant to a City Council
delegation of authority set forth in Resolution No. 22-193, additional minor modifications were made via
Community Development Director approval in response to further comments of HCD.
WHEREAS, in November of 2022, the final modified version of the 2021-2029 Housing Element
was submitted for HCD review and was approved by HCD as meeting the requirements of the State
Housing Law via a letter dated November 8, 2022. However, because said approval was given after
October 15, 2023, HCD indicated the City must complete certain rezoning action for a determination of
full compliance. Specifically, the HCD letter stated, <[t]he adopted housing element meets the statutory
requirements of State Housing Element Law (Gov. Code, Article 10.6). However, the housing element
cannot be found in full compliance until the City has completed necessary rezones to address the shortfall
of sites to accommodate the Regional Housing Needs Allocation (RHNA) pursuant to Assembly Bill 1398
(Chapter 358, Statutes of 2021).= The final, approved version of the 2021-2029 Housing Element is
available at https://www.carson2040.com/, where it was published in November of 2022 (<Housing
Element=).
WHEREAS, Program 5 in Section 6.2 of the Housing Element provides that the City will undertake
an update to its Zoning Ordinance to overcome governmental constraints to development in Carson, and
that amendments to facilitate housing production would include the items listed in said Program 5,
including (among other things) rezoning sites identified in the Housing Element9s housing sites inventory
to permit anticipated allowable densities per the 2040 General Plan and to ensure compliance with all by-
right requirements provided in Government Code Section 65583.2(h)-(i).
WHEREAS, on April 4, 2023, following a Planning Commission recommendation and duly noticed
public hearings, the City Council, by adoption of Resolution No. 23-062, approved and certified a Final
Environmental Impact Report (<Carson 2040 General Plan EIR=) and adopted General Plan Amendment
No. 115-23, a comprehensive update and amendment to all elements of the Carson 2040 General Plan
with the exception of the previously-approved Housing Element (referred to collectively with the Housing
Element herein as the <Carson 2040 General Plan=), including the following elements: Land Use and
Revitalization; Circulation; Community Character and Design; Recreation and Active Lifestyle; Community
Health and Environmental Justice; Community Services, Education and Safety; Open Space and
Environment Conservation; Noise; Economic Development; and Housing. Multiple elements of the Carson
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2040 General Plan contemplate or necessitate an update to the Carson Zoning Ordinance (Chapter 1 of
Article IX of the Carson Municipal Code), including the Land Use Element, which establishes a new land
use framework and classifications for the City, as the City9s Zoning Ordinance is required by State law to
be consistent with the City9s General Plan. The Carson 2040 General Plan and the Carson 2040 General
Plan EIR are available at https://www.carson2040.com/ and are incorporated herein by reference.
WHEREAS, pursuant to adoption of the Carson 2040 General Plan, the City has initiated Zoning
Text Amendment (<ZTA=) No. 195-23 and Zone Change (<ZC=) No. 190-23 to effectuate Phase 1 of a
comprehensive residential/mixed-use update and amendment to the Carson Zoning Ordinance and
Zoning Map. More specifically, ZTA No. 195-23 will establish the permitted uses, development standards,
and procedures applicable to development in the residential and residential/commercial mixed-use
zoning districts of the new Carson Zoning Ordinance (specifically, the new Low Density Residential, Low-
Medium Mix Residential, Medium Density Residential, High Density Residential, Corridor Mixed-Use, and
Downtown Mixed-Use Zoning Districts and the Mobilehome Park Overlay District) and to residential
development in the Flex District housing sites identified in the Housing Element sites inventory, to the
extent provided in Exhibit <B= attached hereto, with current Carson Zoning Ordinance provisions
remaining in effect as to other, non-residential development. ZC No. 190-23 will effect a zone change for
the properties in said new residential and mixed-use zoning districts, and for the Flex District housing sites
inventory properties to the extent necessary to carry out Program 5 of the Housing Element and gain full
HCD certification, as shown/provided in Exhibit <C= attached hereto.
WHEREAS, these changes are intended to make the Carson Zoning Ordinance and Zoning Map
consistent with the Carson 2040 General Plan, applicable state laws and City Charter provisions, and
contemporary planning practices and standards, to the extent of the Phase 1 update. The comprehensive
Zoning Ordinance and Zoning Map update/amendment pertaining to non-residential zoning districts
(aside from the Flex District housing sites) and to matters so notated and/or left blank in Exhibits <B=-<C=
attached hereto is being deferred to a Phase 2, which will be heard at a later date to be determined
following a separate notice of public hearing, and the existing Carson Zoning Ordinance and Zoning Map
provisions related thereto will remain in effect following adoption of Phase 1 until such time as Phase 2 is
adopted. Development in such purely industrial and commercial zones involves distinct land use and
planning issues, considerations and circumstances warranting separation from the housing-oriented focus
of Phase 1, and is intended to be separated from the proposed Phase 1 action accordingly. Phase 1 can
be implemented independently of, and does not rely upon or commit the City to adoption of, Phase 2 or
any portion thereof.
WHEREAS, the Planning Commission, upon giving the required notice, did on the 31st day of
January, 2024, conduct a duly noticed public hearing as required by law to consider said proposed action.
Following the hearing, the Planning Commission adopted Planning Commission Resolution No. 24-2862,
recommending that the City Council make a determination of applicability of CEQA Guidelines Section
15168(c)(2) and approve Zoning Text Amendment No. 195-23 and Zone Change No. 190-23.
WHEREAS, the City Council, upon giving the required notice, did on the 6th day of March, 2024,
conduct a duly noticed public hearing as required by law to consider said proposed action and the Planning
Commission9s recommendation thereon.
WHEREAS, all of the legal prerequisites to adoption of this Ordinance have occurred.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct, and are incorporated herein by
this reference.
SECTION 2. FINDINGS. The City Council hereby finds as follows:
A. The proposed Phase | update is consistent with the Carson 2040 General Plan and all
applicable specific plans.
B. The proposed Phase | update will, among other things:
1. Effectuate the rezoning required pursuant to the City9s Housing Element and
satisfy the above-referenced programs and commitments made by the City in adopting its Housing
Element, including satisfying Program 5 and completing the necessary rezones to address the shortfall of
sites to accommodate the City9s Regional Housing Needs Allocation (RHNA) pursuant to Assembly Bill 1398
(Chapter 358, Statutes of 2021), thereby enabling and entitling the City to obtain full HCD certification of
compliance with State Housing Law;
2. Make the City9s Zoning Ordinance consistent with the Carson 2040 General Plan
to the extent of the scope of the Phase | update, including with respect to the land use framework and
classifications set forth in the Land Use Element, thereby enabling the City to comply with State law
requiring consistency of the Zoning Ordinance with the General Plan and facilitating clarity and certainty
for the City and the public in regards to processing of pending development projects;
3. Promote the compatibility of adjacent and neighboring land uses for the general
public welfare;
4. Modernize the City9s planning and land use standards and practices and bring
them up to date with applicable provisions of current State law and the City9s Charter; and
5. Carry through certain key parts of the City9s current Zoning Ordinance, such as
current CMC Section 9128.21 (<Relocation Impact Reports=) and the provisions of Ordinance No. 23-2303
regarding the Mobilehome Overlay District, without any substantive amendment.
SECTION 3. CEQA. Based on its independent review of the analysis set forth in Exhibit <A,=
attached hereto and incorporated herein by this reference as a finding of fact (the <ESA Report=), and the
administrative record as a whole, pursuant to CEQA Guidelines Section 15168(c)(2), the City Council, in
the exercise of its independent judgment, hereby finds that pursuant to CEQA Guidelines Section 15162,
no subsequent EIR would be required for the proposed activity (i.e., the proposed Phase 1 update), and
the proposed activity is within the scope of the Carson 2040 General Plan EIR, and that the City (as lead
agency, acting via the City Council) can therefore approve the proposed activity as being within the scope
of the project covered by the Carson 2040 General Plan EIR, and no new environmental document is
required for approval of the proposed activity.
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Specifically, pursuant to CEQA Guidelines Section 15162, the City Council finds, on the basis of
substantial evidence in light of the whole record, that: (1) no substantial changes are proposed in the
project which will require major revisions of the Carson 2040 General Plan EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously identified
significant effects; (2) no substantial changes have occurred with respect to the circumstances under
which the project is undertaken which will require major revisions of the Carson 2040 General Plan EIR
due to the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects; and (3) there is no new information of substantial importance,
which was not known and could not have been known with the exercise of reasonable diligence at the
time the Carson 2040 General Plan EIR was certified as complete, that shows any of the following: (A) The
project will have one or more significant effects not discussed in the Carson 2040 General Plan EIR; (B)
Significant effects previously examined will be substantially more severe than shown in the Carson 2040
General Plan EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible and would substantially reduce one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or
alternatives which are considerably different from those analyzed in the Carson 2040 General Plan EIR
would substantially reduce one or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
Accordingly, the City Council, based on its independent review of the ESA Study and the
administrative record as a whole and in the exercise of its independent judgment, finds that pursuant to
CEQA Guidelines Section 15162, no subsequent EIR would be required for the proposed activity and that,
pursuant to CEQA Guidelines Section 15168(c)(2), the proposed activity is within the scope of the Carson
2040 General Plan EIR, and accordingly determines, pursuant to CEQA Guidelines Section 15168(c)(2), that
the City can approve the proposed activity as being within the scope of the project covered by the Carson
2040 General Plan EIR and no new environmental document is required, and directs staff to file a notice
of such determination as required by law.
SECTION 4. APPROVAL OF ZTA NO. 195-23 AND ZC NO. 190-23. Based on the foregoing findings,
the City Council hereby takes the following actions:
A. Approves Zoning Text Amendment (ZTA) No. 195-23, a text amendment pursuant to CMC
Section 9172.11, by adopting the provisions of the new/updated Carson Zoning Ordinance set forth in
Exhibit <B= hereto establishing the permitted uses, development standards, and procedures applicable to
development in the residential and residential/commercial mixed-use zoning districts of the new Carson
Zoning Code (including the Mobilehome Overlay District, which is being carried through the update
without substantive amendment, as well as the Low Density Residential, Low-Medium Mix Residential,
Medium Density Residential, High Density Residential, Corridor Mixed-Use, and Downtown Mixed-Use
Zoning Districts), and to residential development in the Flex District on the housing sites identified in the
Housing Element sites inventory (collectively, the <Residential Zones=), except as follows:
1. The following types of provisions shall be deemed excluded from this action, with
current Carson Zoning Ordinance provisions (as they existed immediately prior to this Ordinance;
hereinafter, the <Old Code=) remaining in effect as to such matters: (i) Provisions which are left
blank or with only a placeholder (including the <- -= use permitting designation; for the avoidance
of doubt, when this placeholder designation appears in a row of Table 9212.2, the use permitting
designation [e.g., CUP] that applied to the type of use listed in that row under the Old Code for
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the zone in which a given property was located immediately prior to this Ordinance [which, in the
case of properties that are in the Flex District General Plan land use classification but that are not
FLX Housing Sites, will also be the same zone that will continue to apply following this Ordinance,
because such properties are not being rezoned by this Ordinance] shall continue to apply to such
use on such property following this Ordinance); (ii) provisions which are labeled with a <Phase
2=notation (for the avoidance of doubt, when such notation appears in the <Additional
Regulations= column of a given row in Table 9211.2 or 9212.2 with reference to a Division of Part
3-B that is left blank/deferred to Phase 2 [e.g., <See Part 3-B, Division 14 (Phase 2)],= then unless
otherwise expressly provided, the deferral shall apply only to the special requirements applicable
to the type of use listed in that row [meaning that except as otherwise expressly provided, the
special requirements applicable to that type of use under the Old Code, e.g., those in Division 8
of Part 3 of the Old Code, shall continue to apply], not to the use permitting designations
themselves; to the extent the use permitting designations in the row are filled in with substantive
designations [e.g., <CUP=] rather than the <- -= placeholder, the use permitting designations of
this Ordinance shall apply); (iii) provisions which by their terms would apply to regulate land uses
or development in non-Residential Zones, to the extent they would so apply; and/or (iv) provisions
which by their terms would apply to regulate properties that are in either of the industrial (M-L
and M-H) zones under the current Carson Zoning Ordinance/zoning (as they existed immediately
prior to this Ordinance), to the extent they would so apply, except for regulations related to
allowing residential development on Flex District properties that are identified as housing
inventory sites in the Housing Element (each, a <FLX Housing Site=), which regulations shall be
included in this action. Any cross-references to such excluded provisions shall be deemed to
instead refer to relevant provisions of the Old Code.
B. Approves Zone Change (ZCC) No. 190-23, effecting a zone change pursuant to CMC
9172.13 for the properties delineated in Exhibit <C= hereto, from their current zones to the zones
designated in Exhibit <C9 hereto (with the zones of other properties remaining unchanged).
Notwithstanding the foregoing, and for the avoidance of doubt, the City Council, by adoption of Ordinance
No. 23-2303 on May 2, 2023, has already established the Mobile Home Park Overlay District and applied
it to the same properties that are delineated as being within said overlay district in Exhibit <C= hereto, and
this action does not effectuate or include any zone change pertaining to the existing Mobile Home Park
Overlay District, as the City Council9s intent is to carry the provisions of City Ordinance No. 23-2303
through this Phase 1 update without substantive amendment.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after
its adoption.
SECTION 7. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be posted and codified in the manner required by law.
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[signatures on the following page]
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PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 19th day of March
2024.
APPROVED AS TO FORM: CITY OF CARSON:
<ula Davis-Holmes, Mayor Sunny K. Soltani, City Attorney
ATTEST:
L Prodebaur
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON
|, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest
to and certify that the foregoing ordinance, being Ordinance No. 24-2405 passed
first reading on the 6# day of March 2024, adopted by the Carson City Council at its
meeting held on the 19" day of March 2024, by the following roll call vote:
AYES: COUNCIL MEMBERS: Davis-Holmes, Hilton, Dear, Hicks, Rojas
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: None |
Dr. Khaleah K. Bradshaw, City Clerk
01007.0005/9643 13.5
Ordinance No. 24-2405
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STATE OF CALIFORNIA - )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
|, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, do hereby certify
that Ordinance No. 24-2405 has been duly and regularly published according to law and the order
of the City Council of said City and that same was so published in Our Weekly, newspaper of
general circulation on the following date:
Adopted Ordinance: own 2 2024
bay .
In witness whereof, | have hereunto subscribed my name this S day of Doe i\ ,
KX Brodelhour
Dr. Khaleah K. Bradshaw, City Clerk
2024.
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