Loading...
HomeMy WebLinkAbout2021-01-26 - ORDINANCES - MC 20-085 UDC 20-002 (2)' ORDINANCE NO. 2 1 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVINGMASTER CASE 20-085, CONSISTING OF UNIFIED DEVELOPMENT CODE AMENDMENT 20-002, AMENDING THE UNIFIED DEVELOPMENT CODE, AS SHOWN IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: A. The State of California adopted legislation regarding Accessory Dwelling Units (ADU) in 2017 and again in 2020, and the City of Santa Clarita (City) is mandated to approve ADUs in accordance with state law; B. California Government Code Section 65852.2 states that a local agency may, by ordinance, provide for the creation of ADUs in areas zoned to allow single-family or multi -family dwelling residential use; C. The Unified Development Code (UDC) was last updated December 8, 2020; D. On June 22, 2020, the City formally initiated Master Case 20-085, consisting of UDC Amendment 20-002 (Project), to update the UDC with an ADU ordinance in accordance with state law; E. The proposed amendments are incorporated by reference as Exhibit A; F. The proposed amendments are in compliance with state law and provide the City with local control over the implementation of ADUs; G. On September 1, 2020, staff met with the City Council Development Committee to discuss the current ADU legislation, staffs intent to prepare an ordinance, and to receive feedback; H. The application was deemed complete on October 13, 2020; I. The Project was duly noticed in accordance with the public hearing noticing requirements of the UDC, and a 1/8th page advertisement was placed in The Signal newspaper on November 10, 2020; J. The Planning Commission held a duly noticed public hearing on this issue commencing on ' December 1, 2020, at, or after, 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, California; K. At the hearing described above, the Planning Commission considered a staff presentation, Page 1 of 8 the staff report, and public testimony on Ae proposed amendments, and in a 4-0 vote, I recommended the City Council approve Master Case 20-085 and its associated entitlements; L. As discussed with the City Council Development Committee, staff consulted with the State Department of Housing and Community Development (HCD). On December 3, 2020, HCD provided comments to staff regarding the draft ADU ordinance. HCD's comments covered the Fire Zone regulations, affordability, specific Junior Accessory Dwelling Units (JADU) requirements, size of converted ADUs, setbacks, tenant notification, multi -family ADU regulations, and minor technical and consistency revisions. HCD also sought clarification on some of the City's processes. Staff has included minor amendments to the ordinance to address HCD's comments; M. The Project was duly noticed in accordance with the public hearing noticing requirements of the UDC, and a 1/8`h-page advertisement was placed in The Signal Newspaper on December 22, 2020; N. The City Council held a duly noticed public hearing on this issue commencing on January 12, 2021, at, or after, 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, California; and 0. At the hearing described above, the City Council considered a staff presentation, the staff I report, and public testimony on the proposed amendments. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: A. A Notice of Exemption for this Project was prepared in compliance with the California Environmental Quality Act (CEQA); B. The Project is exempt from CEQA. Public Resources Code Section 21080.17 states that the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code is exempt from CEQA. As the City is adopting an ordinance to implement the provisions of Government Code Section 65852.2, the proposed amendments qualify for this exemption and are exempt from CEQA. Therefore, a notice of exemption was prepared for the Project; C. The documents and other materials which constitute the record of proceedings upon which the decision of the City Council is made is the Master Case 20-085 project file, located within the Community Development Department and in the custody of the Director of Community Development; and D. Based upon the findings set forth above, the City Council hereby finds the Notice of I Exemption for this Project has been prepared in compliance with CEQA. Page 2 of 8 ' SECTION 3. GENERAL FINDINGS FOR MASTER CASE 20-085. Based on the foregoing facts and findings for Master Case 20-085, the City Council hereby finds as follows: A. The proposal is consistent with the General Plan; The Project is consistent with the General Plan's objectives, policies, and procedures. The proposed amendments will assist the City in regulating ADUs as required by state law. The proposed amendments will support development of ADUs that are consistent with the City's General Plan objectives, policies, and procedures, including providing diverse housing stock, promoting affordable housing, reducing the impact to residential neighborhoods from natural or man-made hazards, ensuring sufficient emergency access and evacuation routes in areas subject to wildland fire danger, retaining open space for multi -family residential units, requiring high quality architecture, and implementing flood and fire safety measures. B. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions ofthis code; The UDC amendments do not require a consistency finding with the existing Development Code because the Project would amend the UDC in general. In addition, state law requires the City's ordinance to provide that "accessory dwelling units do not exceed the allowable ' density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot" (California Government Code Section 65852.2(a)(1)(C)). This means that ADUs do not count toward residential zoning density and are consistent with zoning. C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and Nothing contained in the proposed amendments would endanger, jeopardize, or otherwise constitute a hazard to the public. ADUs are permitted by right under state law. Implementation of the proposed amendments would minimize the potential hazard to the public from flood and fire danger compared to state standards, and implement the goals, policies, and objectives of the General Plan Safety Element to the extent feasible under state law. D. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, thefollowing: I 1. The design, location, shape, size, and operating characteristics are suitable for the proposed use; Page 3 of 8 2. The highways or streets that provide access to the site are ofsufficient width and are I improved as necessary to carry the kind and quantity of traffic such proposal would generate; 3. Public protection service (e.g., Fire protection, Sheriff fprotection, etc.) are readily available; and 4. The provision of utilities (e.g. potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. The proposal is physically suitable for the site in terms of location, shape, size, and operating characteristics. The amendments permit ADUs where mandated by state law, and as described above, state law requires that the City find that ADUs are appropriate for residentially zoned property. No development is proposed or would be approved by the amendments, and any future development that may occur under the revised amendments would require separate ministerial reviews at the time the projects are submitted. The City currently receives adequate service from the Los Angeles County Fire Department and the Los Angeles County Sheriff s Department. The Project area is likewise served by all applicable utilities. The construction of ADUs may increase the need for fire or police protection services or demand for utilities. However, ADUs are permitted by state law, regardless of whether the City regulates them. Therefore, nothing in the proposed ' amendments would increase the need for fire or police protection services, or increase demand for utilities. SECTION 4. ADDITIONAL FINDINGS FOR UNIFIED DEVELOPMENT CODE AMENDMENT 20-002. Based upon the foregoing facts and findings for UDC 20-002, the City Council hereby find as follows: A. The amendment is consistent with the adjacent area, if applicable; B. The amendment is consistent with the principles of the General Plan; The proposed amendments are consistent with the adjacent area and consistent with the principles of the General'Plan. The proposed amendments would not alter the General Plan Land Use Map or Zoning Map. As described above, ADUs are considered, by state law, to be consistent with the City's zoning. Construction of ADUs, as mandated by state law, could increase development densities or population projections within the City; however, the proposed amendments would not further change development densities or population projections for the City. Specifically, the proposed amendments would implement the following objectives and policies of the General Plan: Objective LU 3.1: Provide for a diversity of housing types available to provide safe and ' suitable homes for all economic levels, household sizes, age groups Page 4 of 8 ' and special needs groups within the community. Policy LU3.1.1: On the Land Use Map, designate adequate land for residential use at various densities to provide a mix of housing opportunities for all segments of the population, including attached, detached, senior, and mixed -use housing types, which are consistent with community character and meet the region's housing goals. Policy LU3.1.2: Provide a mix of housing types within neighborhoods that accommodate households with varied income levels. Policy LU 3.1.5: Promote development of housing that is affordable to residents, including households with incomes in the very low, low, and moderate -income classifications, through provision of adequate sites on the Land Use Map, allowance for density bonuses and other development incentives. Objective LU3.3: Ensure that the design ofresidential neighborhoods considers and includes measures to reduce impacts from natural or man-made hazards. Policy LU3.3.1: Identify areas subject to hazards from seismic activity, unstable ' soils, excessive noise, unhealthful air quality, or flooding, and avoid designating residential uses in these areas unless adequately mitigated. Policy L U 3.3. 2: In areas subject to wildland fire danger, ensure that land uses have adequate setbacks, fuel modification areas, and emergency access routes. Policy LU 3.4.4: Within higher density housing developments, ensure provision of adequate recreational and open space amenities to ensure a high - quality living environment. Policy LU 3.4.8: Require architectural design treatment along all sides of new housing to promote continuity of architectural scale and rhythm and avoid the appearance of blank walls (360-degree enhancement). The proposed amendments are consistent with the objectives and policies listed above. Accessory Dwelling Units provide diversity in the local housing stock, increasing the number of homes available. The proposed amendments incorporate important regulations not addressed by the general state ADU regulations. These regulations include reducing the impacts to residential neighborhoods from natural or man-made hazards, ensuring ' residential development is not hazardously located in Flood Zones, ensuring sufficient emergency access and evacuation routes are provided in areas subject to wildland fire danger, ensuring higher density housing developments have and retain recreational and Page 5 of 8 C. open space amenities, and promoting architectural design consistent with the existing I community. The proposed amendments are also consistent with the Circulation Element and Safety Element of the General Plan, including the following Circulation and Safety objectives and policies. Objective C 2.5: Consider the needs for emergency access in transportation planning. Policy C 2.5.2. Ensure that new development is provided with adequate emergency and/or secondary access for purposes of evacuation and emergency response; require two points of ingress and egress for every subdivision or phase thereof, except as otherwise approved for small subdivisions where physical constraints preclude a second access point. Objective S 2.4: Implement flood safety measures in new development Policy S 2.4.1: Require that new development comply with FEMA floodplain management requirements. Policy S 2.4.2: On the Land Use Map, restrict the type and intensity of land use in flood prone areas, or require flood proof construction, as deemed I appropriate. Objective S 3.2: Provide for the specialized needs offrre protection services in both urban and wildland interface areas. Policy S 3.2.1: Identify areas of the Santa Clarita Valley that are prone to wildland fire hazards, and address these areas in fire safety plans. Policy S 3.2.5: Ensure adequate secondary and emergency access for fire apparatus, which includes minimum requirements for road width, surface material, grade, and staging areas. The proposed amendments support the City's goals to provide for adequate emergency access, including providing secondary access for evacuation and emergency response, implementation of flood safety measures and compliance with Federal Emergency Management Administration (FEMA) floodplain management requirements, and consideration of wildland fire hazards. Approval of the amendment will be in the interest ofpublic health, convenience, safety, and general welfare and in conformity with good zoning practice; Unified Development Code Amendment 20-002 supports the public health, convenience, ' safety, and general welfare of the community, and is in conformity with good zoning practice because the proposed amendments would be consistent with state law and would Page 6 of 8 allow the City to regulate ADUs to the maximum extent possible. This will allow the City to maximize public health, convenience, safety, and general welfare, and maximize conformance with good zoning practice for ADUs. D. The amendment is consistent with other applicable provisions of this code; and E. Is necessary to implement the General Plan and/or that the public convenience, the general welfare or good zoning practice justifies such action. Unified Development Code Amendment 20-002 is consistent with the applicable provisions of the UDC because the proposed revisions would allow the City to best regulate ADUs as permitted by state law. Therefore, the proposed amendments would promote the general welfare and public convenience and would constitute good zoning practice. SECTION 6. Based upon the staff report, including the materials considered by and the recommendations made by the Planning Commission, the testimony at the public hearing, and the findings as set forth in this ordinance, the City Council hereby approves Master Case 20-085, consisting of UDC Amendment 20-002, amending the UDC as shown in Exhibit A. Section 7. If any portion of this ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect. ' Section 8. This ordinance shall be in full force and effect 30 days from its passage and adoption. Section 9. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 26' day of January, 202 . Vv I MAYOR ATTEST: CITY CLERK aA s DATE d Page 7 of 8 STATE OF CALIFORNIA ) ' COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 2 1 -1 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12" day of January 2021. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 26`h day of January, 2021, by the following vote, to wit: AYES: COUNCILMEMBERS: Weste, Gibbs, McLean, Smyth, Miranda NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the forgoing is the original of Ordinance No. 2 1 -1 and was , published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Page 8 of 8 10.01 UNIFIED DEVELOPMENT CODE AMENDMENTS INCORPORATED BY REFERENCE