HomeMy WebLinkAbout2003-09-23 - ORDINANCES - AMEND UDC 2ND UNIT ADM PERMIT (2)ORDINANCE NO. 03-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA 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
WHEREAS, the City of Santa Clarita has proposed and initiated an UDC Amendment
to amend sections 17.07.010, 17.10.010, and 17.15.020 of the City's Unified Development
Code (UDC) regarding second units and guesthouses and to add Section 17.03.110 to the
Unified Development Code to establish an Administrative Permit process to process second
unit and guesthouse applications, as well as other future projects deemed suitable for such
review; and
WHEREAS, the City of Santa Clarita adopted the City of Santa Clarita General Plan
on June 26, 1991, by City Council Resolution 91-98 and adopted the City of Santa Clarita
Unified Development Code, including the City's zoning designations, on November 24, 1992,
effective December 24, 1992; and
WHEREAS, the amendments, as described in Exhibit A, would become effective 30
days after the second reading and incorporated within and made a part of the City's Unified
Development Code; and
WHEREAS, the Planning Commission of the City of Santa Clarita conducted a public
hearing on July 1, 2003, pursuant to applicable law, to consider the Amendment to the UDC,
and adopted Resolution No. P03-022 with the finding that the project is exempt from the
California Environmental Quality Act (CEQA), and recommending that the City Council
approve UDC Amendment No. 03-001; and
WHEREAS, the City Council of the City of Santa Clarita set August 26, 2003 at the
hour of 6:00 p.m., in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita,
California, as the time and place for a public hearing before said Council, and notice of said
public hearing was given in the manner required by the Santa Clarita Municipal Code; and
WHEREAS, at said public hearing, testimony was received, if any, for, and/or against
the proposed amendments; and
WHEREAS, at said public hearing, said UDC Amendment was duly heard and
considered; and
WHEREAS, following said public hearing, the City Council of the City of Santa
Clarita adopted a Resolution finding that the project is exempt from the California
Environmental Quality Act.
Ordinance No. 03-12
Page 2
THEREFORE, be it resolved by the City Council of the City of Santa Clarita as
follows:
SECTION 1. The City Council does hereby find and determine as follows
A. The purpose of the proposal is to amend Section 17.15.020N. of the Unified
Development Code to provide for ministerial review of second unit applications,
define second units and identify location criteria, development standards, and
permitting requirements for second units consistent with Government Code Section
65852.2; and
B. The purpose of the proposal is to amend Section 17.15.0200. of the Unified
Development Code to define and identify location criteria, development standards,
and permitting requirements for guesthouses; and
C. The purpose of the proposal is to amend Section 17.07.010 of the Unified
Development Code to provide amended definitions of `second unit', `guesthouse'
and various other related terms and amend the permitted use chart in Section
17.13.010 to reflect the aforementioned amendments; and
D. The purpose of the proposal is to add Section 17.03.110 to the Unified
Development Code to establish an Administrative Permit process to process second
unit and guesthouse applications, as well as other future projects deemed suitable
for such review; and ,
E. Public participation and notification requirements pursuant to Sections 65090,
65391, and 65854 of the Government Code of the State of California were duly
followed; and
F. That the amendments are required to ensure consistency with Government Code
Section 65852.2 regarding second units and are consistent with the City's General
Plan; and
G. That public necessity, convenience, general welfare and good planning practice
justify the amendments based upon existing land uses, geographical features, and
natural resources; and
H. That the amendments will affect residential properties seeking to construct a
second unit or guesthouse within the corporate limits of the City of Santa Clarita.
SECTION 2. Based upon the testimony and other evidence, if any, received at the
public hearing, and upon studies and investigations made by the Planning Commission and the
City Council and on their behalf, the City Council further finds and determines that the project
is consistent with the General Plan and complies with all other applicable requirements of
State law and local ordinance.
Ordinance No. 03-12
Page 3
SECTION 3. In acting on the UDC Amendment, the City Council has considered
certain principles and standards, and finds and determines as follows:
A. That the proposed UDC Amendment will amend sections 17.07.010, 17.10.010,
and 17.15.020 of the City's Unified Development Code (UDC) regarding second
units and guesthouses and to add Section 17.03.110 to the Unified Development
Code to establish an Administrative Permit process to process second unit and
guesthouse applications, as well as other future projects deemed suitable for such
review.
B. That the proposed amendments to the Unified Development Code are consistent
with the objectives and policies of the Unified Development Code to establish
standards and guidelines in order to promote and protect the public health, safety,
and general welfare of the people of the City of Santa Clarita.
C. That the proposed amendments to the Unified Development Code are consistent
with the objectives, goals, and policies of the General Plan, which include:
i. Housing Element Goal 1: 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 exiting neighborhoods while providing for new
development which is consistent with the goals and policies of the
General Plan.
SECTION 4. Based upon the foregoing, the City Council does hereby ordain that the
application for a UDC Amendment is approved, and that Unified Development Code of the
City of Santa Clarita is hereby amended to include the amendments as shown in Exhibit A.
SECTION 5. This ordinance shall become effective at 12:01 a.m. on the thirty-first
day after adoption.
Ordinance No. 03-12
Page 4
SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and
cause it to be published in the manner prescribed by law:
PASSED, APPROVED AND ADOPTED this 23rd day of September, 2003.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Ordinance No. 03-12 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 26th day of August, 2003. That
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council on the 23rd day of September, 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, McLean, Kellar, Weste, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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Exhibit A
Draft Definitions and Standards for
Second Units and Guest Houses
7.15.020 Property Development Standards: Agricultural and Residential Zones
N. SECOND UNITS
The purpose of this section is to provide for the creation of second units, pursuant to Section 65852.2
of the Government Code. A second unit is a residential use that is consistent with the agriculture and
residential zone designations.
A second unit is either a detached or attached dwelling unit, other than the primary unit, that
provides complete independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking (kitchen), and sanitation on the same parcel on which a
primary dwelling unit is situated.
1. Submittal Requirements. An approved Administrative Permit shall be required for second
residential units. All materials identified on the application checklist for an Administrative Permit -
Second Unit shall be submitted with the application.
2. Locations. A single second unit may be permitted only on parcels that meet the following
criteria:
a. The parcel shall be zoned Agricultural (A) or any of the Residential zones (RE, RVL, RL, RS,
RM, RMH, RH).
b. The parcel shall contain a legal single family dwelling as the primary use (primary dwelling
unit).
c. The applicant for the second unit shall be an owner -occupant who is currently living in the
existing single-family residence. The second unit shall not be sold separately from the primary unit.
d. The second unit shall not exceed the allowable density of the parcel.
e. If located in an area restricted to a single route of access, the second unit shall comply with the
Restricted Residential Access standards identified in Section 16.07.020 of this code.
3. Development Standards. A second unit shall be subject to all the development requirements of
the zone in which it is located, with the exception of the following:
a. Size - The gross living area of the second unit shall not exceed fifty percent (50%) of that of the
primary dwelling unit.
b. Setbacks - Second units shall be subject to the same setback standards that are applicable to
the primary dwelling unit.
c. Height - The second unit shall not exceed the height (floor to peak) of the primary dwelling
unit.
d. Parking - The second unit shall be provided one (1) standard parking space for every two (2)
bedrooms, or portion thereof. The required parking space(s) shall be located on the parcel upon which
the second unit is located. Said parking space(s) shall not be located in the required front or rear
setbacks that are applicable to the primary dwelling unit of the property. The parking space may be a
tandem space and may be uncovered. Said parking space shall be surfaced and accessed pursuant to
Section 17.18.070 of this Code.
f Architecture - Architecture of the second unit shall be compatible with that of the primary
dwelling unit.
g. Entrance/Exit - Attached second units shall be provided with an independent entry/exit to the
exterior of the unit. No entrance to the attached second unit shall be located on the same building
elevation as the entrance to the primary dwelling unit. The appearance of a "duplex" shall be avoided.
h. Construction materials - Construction materials and colors of the second unit shall be
compatible with those of the primary dwelling unit.
O. Guesthouses
A guesthouse is a detached accessory building located on the same property as a legal single family
dwelling unit, providing temporary living quarters for the temporary use by occupants of the main
residence or temporary guests of the occupants of the primary dwelling unit. Such quarters may have a
bath and toilet facilities but no kitchen facilities and may not be rented or otherwise used as a separate
dwelling. Similar detached accessory buildings, such as pool houses, recreation/game rooms, home offices,
and personal gyms are considered to be guesthouses.
1. Submittal Requirements. An approved Administrative Permit shall be required for
guesthouses. All materials identified on the application checklist for an Administrative Permit —
Guesthouse shall be submitted with the application.
2. Locations. A guesthouse may be permitted only on parcels that meet the following criteria:
a. The parcel shall be zoned Agricultural (A) or any of the Residential zones (RE, RVL, RL, RS,
RM, RMH, RH).
b. The parcel shall contain a legal single family dwelling as the primary use (primary dwelling
unit).
c. Only one guesthouse shall be permitted per parcel unless an approved Minor Use Permit is
obtained.
3. Development Standards. A guesthouse shall be subject to all the development requirements of
the zone in which it is located, with the exception of the following:
a. Guesthouses shall be detached from the primary dwelling unit.
b. The guesthouse shall meet the setbacks applicable to accessory structures.
c. The guesthouse, or the structure that contains the guesthouse, shall not exceed the height
(floor to peak) of the primary dwelling unit.
d. The architecture, construction materials, and color of the guesthouse shall be consistent and
compatible with that of the primary dwelling unit.
4. Services. All services, including water, electric, and sewer shall be provided from the primary
dwelling. Separate, independent services for the guesthouse shall not be allowed.
5. Other. Guesthouses are for temporary occupancy and may not be rented or otherwise used as a
separate dwelling. The applicant/owner shall record a covenant with the County Recorder to this effect.
17.07.010 Definitions
"Accessory structure" shall mean a detached building, structure, or part of a building or structure,
which is incidental or subordinate to the main building, structure or use on the same parcel without
cooking facilities (also see "Guesthouse")
"D 11'ag, Multi Family1 ll mean a L 'l.l' eentainingtwo (2) e more dwelling units era
P.emhin.atiea of two (2) or more r
a�ate single fami4y dwellingunits on one let -
"Dwelling Multi Family" is a building designed and intended for occupancy by three or more
families living independently of each other, each in a separate dwelling unit, which maybe owned
individually or by a single landlord Includes apartments townhomes rowhouses, triplexes and
fourmexes.
"Dwelling Two Family" includes a duplex or other buildings designed for occupancy by two
families living independently of each other, where both dwellings are located on a single lot. Second units
attached to a primary dwelling are not considered to be a two-family dwelling.
"C' I; ,. ".. .,a unit—."
"Guesthouse" is a detached accessory
building located on the same
property as a legal single family
dwelling unit providing temporary
hying quarters
for the use by occupants
of the main residence or
emporary guests of the occupants
of the primary
dwelling unit Such quarters may have a bath and toilet
aclhties but no kitchen facilities
and may
not be rented or otherwise
used as a separate dwelling
Similar detached accessory buildings
such
as pool houses recreation/game
rooms home offices and
personal gyms are considered to be
guesthouses
P
"Kitchen" is any cooking facilities containing a stove oven cook -top and/or range or the electrical
or gas service that can accommodate such cooking facilities
"Pool House" - See "Guesthouse".
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"Second Unit" is a detached or attached dwelling unit that provides complete independent living
facilities for one or more persons. It shall include permanent provisions for living sleeping eating
cooking (kitchen), and sanitation on the same parcel on which a primary dwelling unit is situated An
attached second unit is not considered to be a two-family structure
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S:\PBS\ADVANCE\2nd units\Draft Second Unit Standards.doc
Section 17.03.110 Administrative Permit
A. Purpose. The provisions of this section shall be for the construction of permitted
structures and the initiation of permitted uses. Through administrative permit review, the
Director shall ensure that the proposal complies with all of the provisions of the Development
Code and the General Plan.
B. Applicability. In order to safeguard and enhance the appearance and quality of
development in the City, administrative pemut approval shall be required prior to the issuance of
any building permit for:
1. second unit dwellings;
2. guesthouses; and
3. activities or construction of improvements which are permitted pursuant to Chapter
17.13 of this Development Code.
C. Application. Applications and fees shall be submitted pursuant to Section 17.01.090
of this Development Code.
D. Review and Evaluation. The Director shall review and evaluate development plans
and other required information submitted in accordance with the following guidelines:
1. Scope. The Director shall review and evaluate the development for conformance to
City adopted standards, policies and practices, and with the development plan review standards
and criteria set forth in this section.
2. Improvements Required for Approval of the Development Plan. The Director shall
ensure that all development plans provide for on and off-site improvements required to
implement the purposes of the Development Code, the General Plan and all policies of the City
Council.
3. Provision of Required Improvements. Whenever an administrative permit approval
is granted that specified improvements be provided by the applicant, such improvements shall be
installed by the applicant and approved and accepted by the City pursuant to local ordinance to
make such improvements prior to the time or events specified in the administrative permit
approval. Improvements may include but not be limited to sewer and water service, curbs,
gutters, landscape medians, sidewalks, street pavement, street lights, and street trees,
4. Violation of Approval. Whenever an administrative permit is approved, use or
enjoyment of the administrative permit approval in violation of or without observance of that
approval shall constitute a violation of the Development Code and said administrative permit
approval may be revoked or modified as provided in Section 17.01.140.
F. Final Action. The action of the Director to approve or deny is final.
SAPBS\ADVANCE\2nd units\17.03.1 l OAdmPermitdo
_ STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 03-12, adopted by the City Council of the City of
Santa Clarita, CA on September 23, 2003, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
,20—.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk