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Home My WebLink About2023-07-11 - AGENDA REPORTS - UDC AMEND SIXTH CYCLE HOUSING ELEMENT UPDATEO Agenda Item: 7 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR 14) CITY MANAGER APPROVAL: ' DATE: July 11, 2023 SUBJECT: SECOND READING - UDC AMENDMENT - TO ESTABLISH REGULATIONS FOR SITES IDENTIFIED IN MULTIPLE PLANNING PERIODS DEPARTMENT: Community Development PRESENTER: Erika Iverson RECOMMENDED ACTION City Council waive reading of the text and consent to read by title only, as listed on the agenda, and adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO ESTABLISH REGULATIONS FOR SITES IDENTIFIED IN MULTIPLE PLANNING PERIODS, AMENDING THE UNIFIED DEVELOPMENT CODE AS SHOWN IN EXHIBIT A." BACKGROUND On June 27, 2023, the City Council approved an Amendment to the City's sixth cycle Housing Element Update. The Amendment has been sent to the state Department of Housing and Community Development for final certification. In conjunction with the Amendment to the Housing Element Update on June 27, 2023, the City Council also voted unanimously to introduce, and pass to a second reading, Master Case 23-006 including an ordinance to establish regulations for sites identified in multiple planning periods, for the purposes of implementing Program HP- 1.14 of the sixth cycle Housing Element Update, and comply with state law. This UDC Amendment is the first implementation action for a program in the sixth cycle Housing Element Update. ALTERNATIVE ACTION Other action as determined by the City Council. Page 1 Packet Pg. 130 O FISCAL IMPACT Approval of the proposed Unified Development Code Amendments would eliminate the requirement for a use permit (conditional or minor) for qualifying affordable housing projects on specific parcels that have been included in the sites inventory for previous Housing Element cycles and thus eliminate the collection of a fee for the use permit in these instances. Any new development would still be subject to the Development Review (DR) application process and applicable DR application fees would be collected. ATTACHMENTS Ordinance Page 2 Packet Pg. 131 7.a ORDINANCE 23- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO ESTABLISH REGULATIONS FOR SITES IDENTIFIED IN MULTIPLE PLANNING PERIODS, 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. Assembly Bill (AB) 1397 went into effect January 1, 2018, and amended the Housing Element Law (state law), specifically Government Code sections 65580, 65583, and 65583.2; and B. AB 1397 added new requirements for streamlining the permitting of affordable housing projects with at least 20 percent of units allocated for lower -income households on sites included in previous Housing Elements that are reused in the updated sites inventory; and C. On May 10, 2022, the City Council adopted the 2021-2029 Housing Element; and D. The adopted 2021-2029 Housing Element included Program HP-1.13 in order to comply with state law, which would amend the Unified Development Code (UDC) to specify the by -right approval requirements for those specific [sites that have been listed as suitable sites for affordable housing development in previous Housing Elements, if at least 20 percent of units are affordable to lower -income households]; consistent with AB 1397; and E. The proposed amendments are incorporated by reference as Exhibit A; and F. The proposed amendments implement Program HP- 1.13 of the 2021-2029 Housing Element; and G. The Planning Commission held a duly noticed public hearing on this issue commencing on February 21, 2023, at, or after, 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, California; and H. At the hearing described above, the Planning Commission considered a staff presentation, the staff report, and public testimony on the proposed amendments, and in a 4-1 vote, recommended the City Council approve Master Case 23-006, Unified Development Code Amendment 23-001; and L The project was duly noticed in accordance with the public hearing noticing requirements Packet Pg. 132 7.a of the UDC, and a one -eighth page advertisement was placed in The Signal Newspaper on June 6, 2023; and The City Council held a duly noticed public hearing on this issue commencing on June 27, 2023, at, or after, 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, California; and K. At the hearing described above, the City Council considered a staff presentation, the staff report, and public testimony on the proposed amendments, and introduced and passed the ordinance to a second reading on July 11, 2023. 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); and B. The project is exempt from CEQA under Article 5 Section 15061(b)(3), the common- sense exemption. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and C. The documents and other material which constitute the record of proceedings upon which the decision of the Planning Commission is made is the Master Case 23-006 project file located within the Community Development Department and is 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 Exemption for this project has been prepared in compliance with CEQA. SECTION 3. GENERAL FINDINGS FOR MASTER CASE 23-006. Based on the foregoing facts and findings for Master Case 23-006, the City Council hereby finds as follows A. The proposal is consistent with the General Plan; The amendments are consistent with the General Plan 2021-2029 Housing Element adopted by the City Council in May 2022. Specifically, the amendments are consistent with Housing Element Goal H1, and will implement Housing Element Program HP- 1.13 to ensure the City's compliance with Government Code § 65583: Goal HP Identify and maintain adequate sites to accommodate the City's regional housing need through the planning period. Program HP-1.13: Sites Identified in Multiple Planning Periods. Page 2 of 6 Packet Pg. 133 7.a IV C Government Code § 65583 requires analysis and justification of the sites included in the sites inventory of the City's Housing Element. The Housing Element may only count non -vacant sites included in one previous Housing Element inventory and vacant sites included in two previous Housing Elements if the sites are subject to a program that allows affordable housing by right. The Unified Development Code will be amended for housing sites used for multiple Housing Elements and allow by -right approval requirements if at least 20 percent of units are affordable to lower income households to ensure compliance with Government Code § 65583. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of this code; The amendments comply with the provisions of the UDC. The proposed amendments would not change the General Plan land use or Zoning designation for any properties. No changes to the development densities or development regulations are proposed. 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. The proposed amendments consist of updates to the UDC that are intended to implement the programs outlined in the 2021-2029 Housing Element and maintain compliance with recent updates to Housing Element laws. 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, the following: 1. The design, location, shape, size, and operating characteristics are suitable for the proposed use; 2. The highways or streets that provide access to the site are ofsufcient width and are improved as necessary to carry the kind and quantity oftraffic such proposal would generate; 3. Public protection service (e.g., Fire protection, Sheriprotection, etc) are readily available; 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 specify by -right approval requirements for Page 3 of 6 Packet Pg. 134 7.a certain affordable housing projects on specific sites (those non -vacant sites included in one previous Housing Element sites inventory, and those vacant sites included in two previous Housing Elements) as mandated by state law. 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 development permit 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. Nothing in the proposed amendments would increase the need for fire or sheriff protection services, or increase demand for utilities. SECTION 4. ADDITIONAL FINDINGS FOR UNIFIED DEVELOPMENT CODE AMENDMENT 21-003. Based upon the foregoing facts and findings for UDC 21-003, the City Council hereby find as follows: A. The amendment is consistent with the adjacent area, ifapplicable; The proposed amendments would apply to properties across the City and are consistent with the existing General Plan Land Use and Zoning designation. No changes to the General Plan Land Use Map or Zoning Map are proposed. B. The amendment is consistent with the principles of the General Plan; The amendments are consistent with the General Plan 2021-2029 Housing Element adopted by the City Council in May 2022. Specifically, the amendments are consistent with Housing Element Goal H1, and will implement Housing Element Program HP- 1.13 to ensure the City's compliance with Government Code § 65583: Goal HI: Identify and maintain adequate sites to accommodate the City's regional housing need through the planning period. Program HP-1.13: Sites Identified in Multiple Planning Periods. Government Code § 65583 requires analysis and justification of the sites included in the sites inventory of the City's Housing Element. The Housing Element may only count non -vacant sites included in one previous Housing Element inventory and vacant sites included in two previous Housing Elements if the sites are subject to a program that allows affordable housing by right. The Unified Development Code will be amended for housing sites used for multiple Housing Elements and allow by -right approval requirements if at least 20 percent of units are affordable to lower income households to ensure compliance with Government Code §65583. C. Approval of the amendment will be in the interest ofpublic health, convenience, safety, Page 4 of 6 Packet Pg. 135 7.a and general welfare and in conformity with good zoning practice; The amendments support the public health, convenience, safety, and general welfare of the community, and is in conformity with good zoning practice because the proposed amendments would implement one of the General Plan Housing Element Programs to ensure compliance with state law. D. The amendment is consistent with other applicable provisions of this code; and The amendments are consistent with the UDC and would not change the General Plan Land Use Map or Zoning Map, and would not alter the development densities or development regulations of the code. E. Is necessary to implement the General Plan and/or that the public convenience, the general welfare or good zoning practice justifies such action. The amendments are necessary in order to implement the General Plan, more specifically, to implement the General Plan's 2021-2029 Housing Element in compliance with state law. SECTION 5. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita, California, as follows: Adopt Ordinance 23-, approving Master Case 23-006, consisting of Unified Development Code Amendment 23-001, amending the Unified Development Code to establish regulations for sites identified in multiple planning periods, as shown in Exhibit A. PASSED, APPROVED AND ADOPTED this 1 lth day of July, 2023. ATTEST: CITY CLERK MAYOR Page 5 of 6 Packet Pg. 136 7.a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 23- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 27 h day of June 2023. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 1 Ph day of July 2023, by the following vote, to wit: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 23- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Page 6 of 6 Packet Pg. 137 7.a EXHIBIT A r C d E C d E Q U 0 Q Packet Pg. 138 7.a PROPOSED AMENDMENTS — REDLINE/STRIKETHROUGH Note that new proposed language is shown in blue underline. Amendments to Definitions The Unified Development Code (UDC) is amended at Section 17.11.020 (Definitions) to add a definition for lower -income households in its alphabetic location, to read as follows: "Lower -income households" means persons and families whose income does not exceed the qualifying limits for lower -income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and includes very -low income households and extremely -low income households, as defined in Section 50079.5 of the California Health and Safely Code, and as may be later amended. Amendments to Mixed Use Corridor (AMC) Zone 17.35.010 (Mixed Use Corridor (MXC) Zone) A. Development Standards. Property in the MXC zone shall be subject to the following general development standards: 1. Maximum density (units per gross acre) 30 2. Minimum density (units per gross acre)' 11 3. Maximum floor area ratio (FAR) of nonresidential component 1.0 4. Minimum floor area ratio (FAR) of nonresidential component' 0.25 5. Building setback from public right-of-way (major or secondary highway) (in feet) 5 6. Building setback from public right-of-way (not on a major or secondary highway) (in feet) 0 7. Surface -level parking setback from major/secondary highway (in feet) 1015 8. Structure setback from neighboring residential zones or uses (in feet)Z 25 9. 1 Maximum height of building/structure without a CUP (in feet) 50 Notes: 1. Floor area ratios and densities less than the minimum required shall be subject to a minor use permit, except that a multifamily project that includes at least 20% of total project units as affordable to lower - income households shall be permitted without need for use permit on any of the following parcels: 2811- 002-069 and 2836-011-018. Packet Pg. 139 7.a Amendments to Residential Use Types 17.42.010 (Residential Use Types) 4. Dwelling c. Multifamily —includes a building designed and intended for occupancy by three (3) or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be required in accordance with the Building Code. NUl NU2 NU3 NU4 NU5 URl UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X P P P M* C C X X *Notwithstanding the above, a multifamily_ project that includes at least 20% of total project units as affordable to lower -income households shall be permitted without need for use permit on any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076, 2861-058-077, 2861-058-079, 2861-058-080, 2861-058-081, 2861-058-082, 2861-058-083, 2861- 058-084, 2861-058-085, and 2861-058-071. Amendments to Corridor Plan (CP) Zone 17.37.010 (Corridor Plan (CP) Zone) The corridor plan (CP) zoning designation identifies lands in the planning area that are governed by an adopted corridor plan. Specific allowable uses, maximum intensity standards, and development standards shall be determined by the adopted corridor plan. For any properties rezoned CP prior to the final adoption of a corridor plan, development of such properties shall be governed by the underlying General Plan land use designation and the corresponding zone's development standards. Notwithstanding the above, a multifamily project that includes at least 20% of total project units as affordable to lower -income households shall be permitted without need for use permit on any of the following parcels: 2844-001-046, 2844-001-033, 2830-001-214, 2830-001-208, 2830-001- 051, 2830-001-043, 2830-001-042, 2830-001-027, 2830-001-215, 2830-001-036, 2830-001-015, 2830-001-029. 2803-032-001. 2803-032-026. 2803-032-034. 2803-032-035. 2803-032-042_ 2803-032-043, 2825-015-015, and 2844-001-072. Packet Pg. 140