HomeMy WebLinkAbout2003-08-26 - AGENDA REPORTS - UDC AMEND CEQA (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item to be presented by: Kai Luoma
DATE: August 26, 2003
SUBJECT: UDC AMENDMENT
DEPARTMENT: Planning and Building Services
RECOMMENDED ACTION
City Council conduct a Public Hearing and adopt a Resolution finding that the project is exempt
from the California Environmental Quality Act and introduce an Ordinance approving Unified
Development Code Amendment 03-001, and pass to second reading an Ordinance entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA TO
APPROVE UNIFIED DEVELOPMENT CODE AMENDMENT NO. 03-001 TO AMEND
SECTIONS 17.07.010, 17.10.010, AND 17.15.020 OF THE CITY'S UNIFIED
DEVELOPMENT CODE AND ADD SECTION 17.03.110 TO ESTABLISH AN
ADMINISTRATIVE PERMIT ORDINANCE.
BACKGROUND
To encourage the development of second units, the State Legislature passed Assembly Bill
AB1866 amending Government Code Section 65852.2. The Bill was signed by Governor Davis
on September 30, 2002. Section 65852.2 (attachment 4) mandates that after July 1, 2003, all
local jurisdictions must process requests for second units ministerially, prohibiting discretionary
review or a public hearing. Local governments are required to implement a process for second
units in which the unit must be approved if the unit complies with specific development
standards. Pursuant to the bill, the local jurisdiction may identify these standards, so long as they
are adopted by July 1, 2003, or within 120 days of the submittal of the first request for a second
unit after July 1, 2003. These adopted standards may not completely preclude the development
of second units. If the local jurisdiction fails to adopt standards by the identified dates, then
specific standards identified by the State shall be imposed.
On July 1, 2003, the Planning Commission voted unanimously to recommend that the City
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Council approve the UDC Amendment,
ANALYSIS
Project Description
The City's current Second Unit ordinance is not consistent with Government Code Section
65852.2 as amended. Discretionary review of second units, regardless of size, is no longer
permitted. Various development standards identified in the ordinance are no longer permitted
under the amended code. In addition, the existing ordinance does not differentiate between
second units and accessory structures, such as guesthouses.
The amended ordinance (Attachment 2 — Exhibits A) will replace the current non-compliant
Second Unit Ordinance, Section 17.15.020(N) of the Unified Development Code (UDC), with an
ordinance that seeks to comply with Government Code Section 65852.2. The new ordinance
defines second units, establishes location criteria, and identifies local development standards to
which the units must adhere. In addition, to further clarify the applicability of the Second Unit
Ordinance, a second amendment to the UDC is proposed that defines and identifies development
standards for guesthouses and similar structures (17.15.0200.). To ensure consistency
throughout the UDC, additional amendments to related definitions in Section 17.07.010 are
proposed, as are amendments to the permitted use chart regarding second units and guesthouses.
In addition, staff proposes to establish a new procedure for the ministerial processing of second
units, guesthouses, and similar non -discretionary projects that require a level of review greater
than that which can be provided "over the counter" but less expansive than a Development
Review. The process will include a new type of application and permit, termed "Administrative
Permit" (Attachment 2 — Exhibit B). All Administrative Permits will be non -discretionary and
will be handled at staff level with minimal review from responsible departments, thereby
resulting in a lower fee and shorter processing time.
General Plan Consistency
The proposed amendments will permit, by right, second units on residential properties. The
additional housing that will be provided is consistent with several of the goals and policies of the
General Plan, including:
• Housing Element Goal I: To provide opportunities for the production of a range of new
housing in the planning area to meet the needs of all income groups;
Housing Element Goal 3: To provide sites suitable for a variety of housing types for all income
levels and assist in the development and provision of affordable and proportionally priced
and sized homes to meet the needs of all community residents, including low and moderate
income, large families, handicapped, families with female heads of household, farm workers,
and the elderly;
Housing Element Goal S: To address and remove governmental constraints on the maintenance,
improvement, and development of housing where appropriate and legally possible;
Housing Element Goal 7: To provide new housing opportunities which are sensitive to social,
aesthetic, and environmental needs;
Community Design Element Goal 1: To protect and preserve the scale and character of existing
neighborhoods while providing for new development which is consistent with the goals and
policies of the General Plan.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing on July 1, 2003. After consideration of all
relevant materials and information presented to them, the Commission unanimously voted to
recommend that the City Council approve the project. The recommendation for approval is
attached to this report as Attachment 3.
ALTERNATIVE ACTIONS
Council may choose not to adopt the Resolution and Ordinance and not pass to second reading
on September 9, 2003.
Other direction as determined by the City Council.
FISCAL IMPACT
No development is proposed as part of this request. The UDC Amendment will amend the
Second Unit and Guesthouse Ordinance. Future second unit or guesthouse requests will be
subject to the development requirements of the amended ordinances. A fee established by the
Division of Finance and adopted by the City Council on June 24, 2003, is anticipated to cover the
staff time necessary for the processing of a typical Administrative Permit. The proposed
amendments to the UDC will result in no fiscal impact to the City's budget.
ATTACHMENTS
1. Resolution
2. Ordinance
Exhibit A - Amended Sections 17.15.020N., 17.15.0200., and 17.07.010.
Exhibit B - Proposed Section 17.03.110.
3. Planning Commission Resolution 03-022
4. Government Code Section 65852.2
COUNCIL READING FILE
Planning Commission Staff Report