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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 ku4iz: so. 03 119 ORDiNAIVCE a -SEP T6 StC0N1:1 i�)i=i4yinJL— 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