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Council approves code amendments to increase housing capacity; member recuses and public raises affordability concerns

Fountain Valley City Council · February 4, 2025
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Summary

Council approved code amendments to increase allowable housing units in targeted development zones after public comment voiced concerns about density, infrastructure strain and loss of local control; the item passed 4-0 with Council Member Constantine abstaining because of proximity to the project site.

The Fountain Valley City Council voted on Feb. 4 to adopt code amendments (identified in staff materials as code amendments 25-0102 and 25-03) that increase allowable unit counts within specified development zones. The measure passed by roll call 4-0 with Council Member Constantine abstaining after recusing herself because she said the project site is very close to her home.

Several public speakers urged the council to reject or rethink the proposal. Michael Hutton said the changes "would more than double the amount of units" in some zones and argued that doubling units shifts costs for increased service demand onto taxpayers. Other speakers raised similar concerns about automatic expansion of density, potential impacts on water, wastewater and public safety services, and the difficulty for seniors and low-income households to absorb any rate increases.

Council discussion included questions about whether individual properties could be split for voting on the items and whether recusal was required. The city attorney provided a legal outline of disqualification thresholds (500 feet, 1,000 feet tests and qualitative factors) and confirmed officials may recuse for ethical or discretionary reasons. The clerk announced Item 6 passed 4-0 with Council Member Constantine abstaining.

The ordinance changes were adopted on first/second-reading steps as referenced in staff materials; the council discussed potential future work to address perceived state mandates and unfunded requirements related to higher housing targets.