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HomeMy WebLinkAbout2009-03-24 - AGENDA REPORTS - AMEND MUNICODE UDC SB2 (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: DATE: March 24, 2009 SUBJECT: AMENDMENTS TO THE MUNICIPAL CODE INCLUDING AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) (TITLE 17) TO MEET THE INTENT OF SENATE BILL 2 DEPARTMENT: Community Development RECOMMENDED ACTION City Council receive staff report, presentation and conduct the public hearing. Introduce and pass to a second reading on April 28, 2009, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CLAIFORNIA APPROVING MASTER CASE 09-002, UNIFIED DEVELOPMENT CODE AMENDMENT 09-001, ZONE CHANGE 09-001 AMENDING TITLE 17 (THE UNIFIED DEVELOPMENT CODE) OF THE SANTA CLARITA MUNICIPAL CODE, CREATING A HOMELESS SHELTER OVERLAY ZONE AND ADOPTING A NEGATIVE DECLARATION. PLANNING COMMISSION On February 17, 2009, City staff presented the proposed project to the Planning Commission. The Planning Commission, in a 5-0 vote, recommended that the City Council approve Master Case 09-002, consisting of Unified Development Code Amendment 09-001 and -Zone Change 09-001. BACKGROUND _ SENATE BILL 2 REQUIREMENTS On October 13, 2007, the Governor of California approved Senate Bill 2 (S132) to amend Ordinance passed to Second reading � , Sections 65582, 65583, and 65589.5 of the Government Code, related to local planning. The amended Planning and Zoning Law requires that local jurisdictions amend zoning laws to meet the intent of S132, with regard to homeless shelters, supportive housing, and transitional housing. The bill [Senate Bill 2] would add shelters to the housing element thus requiring a local government to identify a zone or zones where shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. (Government Code Section 66582, 65583, 65589.5) The State requires that local governments identify a zone or zones to include capacity to accommodate the need for at least one year-round shelter. The local government shall also demonstrate that the existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, homeless shelters. In addition, the State requires that local jurisdictions provide development opportunities for a variety of housing types including transitional and supportive housing. Transitional housing is a type of housing used to facilitate the movement of homeless individuals and families into permanent housing. The resident of the transitional home is limited to a stay of up to two years while receiving supportive services that enable independent living. Supportive housing is permanent rental housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives. It is important to note to the City Council that failure to comply with Senate Bill 2 can potentially allow shelters to be permitted without the approval of a discretionary permit in all zones, including residential, throughout the City. Currently, the City of Santa Clarita Municipal Code does recognize transitional and supportive housing types as permitted residential uses. However, the UDC does not have language describing this recognition. In addition, homeless shelters are currently addressed in the UDC and are allowed in the CC (Community Commercial) zone with approval of a Conditional Use Permit, in the I (Industrial) and IC (Industrial Commercial) zone with the approval of a Minor Use Permit (subject to a public hearing) and in the BP (Business Park) zone with the approval of a Minor Use Permit. All existing requirements for locating homeless shelters will remain in place with the exception of the areas located within the Homeless Shelter Overlay Zone where no discretionary permit would be required. It is important to note, however, that the construction of a homeless shelter in the proposed overlay zone shall require a Development Review Permit, where the site plan, architecture, floor plans, etc. would be reviewed to ensure compliance with the City's UDC. PLANNING COMMISSION AND EMERGENCY WINTER SHELTER TASK FORCE On May 20, 2008, Planning staff presented to the Planning Commission the annual UDC amendments. These amendments included adding definitions for supportive and transitional housing as well as changes to permit homeless shelters in the BP zone by right without a discretionary permit, in order to comply with S132. The Planning Commission approved staff's recommendation by adopting Resolution P08-10 and recommended that the City Council approve Master Case 08-038. 2'' Since the May 20, 2008 Planning Commission meeting, City staff elected to remove the UDC amendments regarding S132 from the July 8, 2008 City Council agenda to research alternatives to the original proposal, and to meet with the City's Emergency Winter Shelter Task Force. Planning staff worked with the City's Emergency Winter Shelter Task Force to identify where homeless shelters should be permitted by right. Staff presented the original proposal to the Task Force to allow homeless shelters by right in the BP zone. In response to comments from the Task Force, staff revised the original proposal to create an overlay zone, which includes three areas of the City (Valencia Industrial Center, Rye Canyon Business Park, and Centre Pointe Business Park). Staff also created 300 -foot buffers around public and private schools, as well as creating a buffer from residential zone along the eastern edge of the Centre Pointe Business Park, where shelters would not be permitted by right. The intent of creating these buffer areas is to maintain the character of adjacent residential communities and schools. These revisions to the original proposal have been incorporated into the project and are a part of the project description. In addition to meeting with the Task Force, staff has met with the Valley Industrial Association, Larry Rasmussen of Spirit Properties, and the Chamber of Commerce who have all given their support for the proposed project. On February 17, 2009, City staff presented the proposed project to the Planning Commission, The Planning Commission, in a 5-0 vote, recommended that the City Council approve Master Case 09-002, consisting of Unified Development Code Amendment 09-001 and Zone Change 09-001, amending the Unified Development Code as described in the attached Exhibit "A" and "B," and adopt the Negative Declaration prepared for the project. During the public comment period, no comments were submitted by the public. PROJECT DESCRIPTION The City of Santa Clarita is preparing amendments to Chapter 17 of the City's Municipal Code (the Unified Development Code (UDC)) and Zoning Map to identify a zone or zones where shelters are permitted by right by creating a Homeless Shelter Overlay Zone. The proposed Homeless Shelter Overlay Zone will identify three areas including the Valencia Industrial Center, Rye Canyon Business Park, and a portion of the Centre Pointe Business Park. These areas of the City are located within the existing BP zone. Within the proposed Homeless Shelter Overlay Zone are 300 -foot buffers around public and private schools and residential zones along the eastern edge of the Centre Pointe Business Park, where homeless shelters would not be permitted by right. In addition to the Homeless Shelter Overlay Zone, the City is proposing to amend the UDC to define supportive and transitional housing as permitted residential uses in order to meet the intent of SB2. In addition, the proposal includes specific development standards for the construction and operation of homeless shelters. A copy of the proposed amendments and overlay zone has been provided as Exhibit "A" and the proposed Homeless Shelter Overlay Zone Map as Exhibit "B". ANALYSIS UDC CONSISTENCY 3 The proposed amendments include the addition of language to (1) reflect the State's mandate that transitional and supportive housing are permitted residential uses, (2) create a Homeless Shelter Overlay Zone, and (3) provide specific homeless shelter development standards. A description of these changes include: • Homeless Shelter Overlay Zone Map Create a Homeless Shelter Overlay Zone that identifies three areas of the City within the existing Business Park Zone where homeless shelters are permitted by right. • 17.07 Definitions Create or modify definitions for "Transitional Housing" and "Supportive Housing" pursuant to SB2. • 17.12 Use Type Classification Create or modify Use Type Classifications and/or definitions for use types "Transitional and Supportive Housing" to reflect the language of the State -required definition. • 17.13 Permitted Use Chart Indicate "Transitional and Supportive Housing" as permitted uses in all residential zones, consistent with State regulations. • 17.17 Special Uses and Standards Specific Development Standards were created for homeless shelters consistent with State regulations. These amendments and the proposed overlay zone are in substantial conformance with City and State regulations. Attached is a copy of the proposed amendments (Exhibit "A" of the attached ordinance) and the proposed Homeless Shelter Overlay Zone Map (Exhibit "B"). Within Exhibit "A", the amendments are indicated as follows: Underlined sections indicate new wording to the UDC. ENVIROMENTAL REVIEW An Initial Study was prepared in accordance with the California Environmental Quality Act (CEQA). The Initial Study determined that all impacts related to the proposed modifications are considered to be less than significant. Therefore, a Negative Declaration was prepared in accordance with Section 15070 of CEQA. Future development guided by the proposed modifications to the UDC would be required to complete environmental review in compliance with CEQA. The Negative Declaration was posted and advertised on January 17, 2009, in accordance with CEQA. The public review period was opened from January 17, 2009, through February 17, 2009. PUBLIC REVIEW As required by the Unified Development Code, the public notice was placed in The Signal Newspaper advertising Master Case 09-002. To date, no comments have been submitted. ALTERNATIVE ACTIONS Other action as determined by the Council. FISCAL IMPACT No negative fiscal impact is anticipated as a result proposed modifications to the Unified Development Code. ATTACHMENTS Ordinance - Exhibit A - Proposed UDC Amendment Exhibit B - Proposed Homeless Shelter Overlay Zone Maps Negative Declaration Initial Study Planning Commission Staff Report available in the City Clerk's Reading File Planning Commission Resolution available in the City Clerk's Reading File CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, I" Floor, Santa Clarita, California, on the 24`'' day of March, 2009, at or after 6:00 p.m. to consider the' approval of Master Case 09-002 (Zone Change 09-001, Unified Development Code (UDC) Amendment 09-001) proposal to amend various sections of the City's Municipal Code and Zoning Map to identify a zone or zones where shelters are permitted by right in creating a Homeless Shelter Overlay Zone. In addition to the Homeless Shelter Overlay Zone, the City is proposing to amend the UDC to define supportive and transitional housing to meet the intent of SB2. A draft negative declaration has been prepared for this project and the public review period was from January 17, 2009 to February 17, 2009. A copy of the draft negative declaration and all supporting documents are at the Planning Division public counter located in the City Hall Building at 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355. A copy of the draft negative declarations (without all supporting documents) is available at the Los Angeles County Library, Valencia Branch. Proponents, opponents and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Community Development Department, 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355; (661) 255-4330, Jason Killebrew, Assistant Planner I. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: February 24, 2009 Sharon L. Dawson, MMC City Clerk Publish Date: March 2, 2009 5A- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE 09-002, UNIFIED DEVELOPMENT CODE AMENDMENT 09-001, ZONE CHANGE 09-001 AMENDING TITLE 17 (THE UNIFIED DEVELOPMENT CODE) OF THE SANTA CLARITA MUNICIPAL CODE, CREATING A HOMELESS SHELTER OVERLAY ZONE AND ADOPTING A NEGATIVE DECLARATION WHEREAS, the City of Santa Clarita General Plan requires the implementation of the City of Santa Clarita Unified Development Code (UDC) to be in compliance with the Government Code of the State of California; WHEREAS, the City of Santa Clarita Planning Division is proposing a Homeless Shelter Overlay Zone, and proposing amendments to the UDC regarding Homeless Shelters, and Transitional and Supportive Housing to ensure consistency with Senate Bill 2; WHEREAS, the City of Santa Clarita Planning Division has initiated Unified Development Code Amendment 09-001 and Zone Change 09-001 (Master Case 09-002) to modify the Zoning Map and various sections of Title 17 of the City of Santa Clarita Municipal Code; WHEREAS, Unified Development Code Amendment 09-001 and Zone Change 09-001 include various modifications to the UDC attached as Exhibit "A" and "B", (the project); WHEREAS, the proposed amendments and Homeless Shelter Overlay Zone are consistent with and further implement the Goals and Policies of the City of Santa Clarita General Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on the project on February 17, 2009, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At this meeting, the Planning Commission adopted Resolution P09-04, recommending that the City Council adopt an ordinance approving Master Case 09-002, consisting of Unified Development Code Amendment 09-001 and Zone Change 09-001 and adoption of the Negative Declaration prepared for the project; and WHEREAS, the City Council of the City of Santa Clarita conducted a duly noticed public hearing on the project on March 24, 2009, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At the March 24, 2009 Council meeting, the City Council considered the staff report, staff presentation, and public testimony on the J proposed amendments, introduced the ordinance to modify the Unified Development Code and passed the ordinance to a second reading on April 28, 2009. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The proposed amendments to the Unified Development Code and creation of the Homeless Shelter Overlay Zone to the Zoning Map are consistent with the City of Santa Clarita General Plan. SECTION 2. The proposed amendments to the Santa Clarita Unified Development Code identified in Exhibit "A" are hereby adopted. The proposed creation of a Homeless Shelter Overlay Zone identified in Exhibit "B" are herby adopted. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings in the Initial Study prepared for the project, the City Council further finds, approves, and determines as follows: a. An Initial Study and a Negative Declaration have been prepared for this project in compliance with the California Environmental Quality Act (CEQA). b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public and all comments received, if any, have been considered. The document was posted and advertised on January 17, 2009, in accordance with CEQA. The public review period was open from January 17, 2009, through February 17, 2009. C. Staff found that there were no impacts created as a result of the proposed project and a Negative Declaration has been prepared for the project in accordance with the CEQA. The Negative Declaration reflects the independent judgment of the City of Santa Clarita. d. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is based is the Master Case 09-002 project file within the Community Development Department and is in the custody of the Director of Community Development. SECTION 4. That 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 5. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 2 I - PASSED, APPROVED AND ADOPTED this 28th day of April, 2009, J1. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) ',,.COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 09- was regularly introduced and placed upon its fI st•reading at a regular meeting of the City Council on the 24th day of March, 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 28th day of April, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. and was published in The Signal newspaper in accordance with State Law (G.C. 40806 V CITY CLERK ` 3 j STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 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. 09- , adopted by the City Council of the City of Santa Clarita, CA on April 28, 2009, 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, MMC City Clerk By - Susan Caputo Deputy City Clerk 0 Exhibit A of Ordinance 09- 17.12.040 Residential Use Classifications 2. Transitional Housing — includes buildings configured as a rental housing development but operated under program requirements. Upon termination of assistance, the unit shall be recirculated as an assisted unit to another eligible program recipient at some predetermined point in time where length of stays shall be no less than 6 months and no more than two (2) years. 3. Supportive Housing — includes housing with no limits on length of stay, that is linked to on-site or off-site services that assist residents in retaining housing,proving his/her health conditions and maximizing his or her ability to live and, when possible, work in the community 17.020.070 Public and Semi -Public Use Type Classifications 4. Homeless Shelter — a facility which provides housing on a not-for-profit basis. Housing may include emergency shelters on a short-term basis or temporary until permanent housing is found. These facilities generally provide referrals to other agencies, meals, counseling and advocacy. (See 17.17.040.S Specific Development Requirements) 17.17.040 Specific Development Requirements S. Homeless Shelters. All facilities which provide housing on a not-for-profit basis, including emergency shelters on a short-term basis or temporary transitional basis (up to and not exceeding six (6) months) until permanent housing is found. These facilities generally provide referrals to other agencies, meals, counseling and advocacy. 1. The homeless shelters shall maintain a maximum occupancv not to exceed sixtv (60 individuals. 2. Homeless shelters shall provide on-site waiting and intake areas screened from view to the satisfaction of the Director of Community Development. 3. The homeless shelter shall provide on-site 24-hour management with security 4. Parking areas shall be paved. 5. The homeless shelter shall be well lit during operational hours to the satisfaction of the Director of Community Development. 6. Homeless shelters shall be allowed have intake between the hours of 5 p.m. to 8 p.m. or at dusk, whichever is sooner, and may discharge patrons from 8 a.m. to 10 a.m. Page 1 of 2 s \cd\current\12009\09-002 (sb2 homeless shelter zone)\exhibit a - sb 2 doe 10 CL U) CL x U O LU CL U CL CD a N O U Z U U U U H U x a x a a rn X J a J > a W a Lf T � T XI XI x XI xi X xi xi x xi xi cn XI xi XI xi xi XI X xi XI X XI XI X UI UI U UI UI X CLI dl X a.l CLI x cLI al X CLI CLI X CLI CLI x a.l ELI x CLI (LI x CLI Q -I x o > E E2 o o L o M-01-:fn22(n "s < i 1 1b No `t1Ji or / `A\ I L .3 v J itr CITY OF SANTA CLARITA NEGATIVE DECLARATION 1)1?Ak*J" [X] Proposed [ ] Final MASTER CASE NO: 09-002 PERMIT/PROJECT NAME: Proposed Homeless Shelter Overlay Zone, and UDC Amendments APPLICANT: ' City of Santa Clarita LOCATION OF THE PROJECT: Citywide DESCRIPTION OF THE PROJECT: The City of Santa Clarita is preparing amendments to the Chapter 17 of the City's Municipal Code (the Unified Development Code (UDC)) and Zoning Map to identify a zone or zones where emergency shelters are permitted by right by creating a Homeless Shelter Overlay Zone. In addition to the Homeless Shelter Overlay Zone, the City is proposing to amend the UDC to define supportive and transitional housing to meet the intent of S132. ---------------------------------------------------------------------- ---------------------------------------------------------------------- Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ] Director of Community Development finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [X] Are Not Required [ ] Are Attached [ ] Are Not Attached Lisa M. Webber, AICP PLANNING MANAGER Prepared by: Approved b� Jason Killebrew, Assistant Planner I (Name/Title) Lisa M. Webber, AICP, Planning Manager (Name/Title) Public Review Period From January 17, 2009 To February 17, 2009 Public Notice Given On ' January 18, 2009 [X] Legal Advertisement [ ] Posting of Properties [ ] Written Notice CERTIFICATION DATE: SAMCURREN V2009109-002 (SB2 Homeless Shelter Zone)Weg Dec doe �5 INITIAL STUDY CITY OF SANTA CLARITA Project Title/Master Case Number: Master Case 09-002 (Zone Change 09-001, UDC09- 001, IS 09-001) Proposed Homeless Shelter Overlay Zone Lead Agency name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 Contact person and phone number: Jason Killebrew Assistant Planner 1 (661) 255-4330 Project location: r . Citywide Applicant's name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 General Plan designation: N/A Zoning: N/A Description of project and setting: On October 13, 2007 the Governor of California approved Senate Bill 2 (S132) to amend Sections 65582, 65583, and 65589.5 of the Government Code, related to local planning. The amended Planning and Zoning Law requires that local jurisdictions, in regards to emergency homeless shelters, farmworker housing, supportive housing, and transitional housing. The bill would add emergency shelters to the housing element thus requiring a local government to identify a zone or zones where emergency shelters are allowed as a permitted use, without a conditional use permit or other discretionary permit. (Government Code Section 66582, 65583, 65589.5) The City of Santa Clarita is preparing amendments to the Chapter 17, of the City's Municipal Code (the Unified Development Code (UDC)) and Zoning Map to identify a zone or zones where emergency shelters are permitted by right by creating a Homeless Shelter Overlay Zone. In addition to the Homeless Shelter Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 2 of 30 Overlay Zone, the City is proposing to amend the UDC to define supportive and transitional housing to meet the intent of SB2. The State requires that local governments identify a zone or zones to include capacity to accommodate the need for at least one year-round emergency shelter(s). The local government shall also demonstrate the existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to emergency shelters. The Unified Development Code Amendment, in and of it self, is not anticipated to directly result in any development. All future development affected by these changes will be evaluated on a case-by-case basis to determine their impacts on the environment pursuant to CEQA. Therefore, the findings in this Initial Study relate only to the amendments themselves. The changes to the UDC and Zoning Map consist of the following: Zone Map Create a Homeless Shelter Overlay Zone that identifies two areas of the City within the existing Business Park Zone where homeless shelters are permitted by right. 17.07 Definitions Create or modify definitions for "Transitional Housing" and "Supportive Housing". 17.12 Use Type Classification Create or modify Use Type Classifications and/or definitions for use types "Transitional and Supportive Housing" to reflect the language of the State -required definition. 17.13 Permitted Use Chart Indicate permitted added for Transitional and Supportive Housing as in all Residential Zones to the Permitted Use Chart, consistent with State regulations. 17.17S 2ecial Uses and Standards Specific Development Standards were created for I_f Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 3 of 30 Surrounding land uses: Other public agencies whose approval is required: Homeless Shelters consistent with State regulations. N/A N/A A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Less than Significant with Mitigation" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] [ ] Biological Resources [ ] [ ] Hazards & Hazardous [ ] Materials [ ] Mineral Resources [ ] [ ] Public Services [ ] [ ] Utilities / Service Systems [ ] B. DETERMINATION: On the basis of this initial evaluation: Agriculture Resources Cultural Resources Hydrology / Water Quality [ ] Air Quality [ ] Geology / Soils [ ] Land Use./ Planning Noise [ ] Population / Housing Recreation [ ] Transportation / Traffic Mandatory Findings of Significance 0 [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I Master Case 09-002 Gone Change 09-001, Initial Study 09-001 Page 4 of 30 [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Ja o lebfew, Assistant Planner I Date ebber, AICP, Planning Manager Date 19 Master Case 09-002 "Lone Change 09-001, Initial Study 09-001 Page 5 of 30 C. EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? [ ] [ ] [X] [ ] b) Substantially damage scenic resources, including, but [ ] [ ] [X] [ ] not limited to, primary/secondary ridgelines, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or [ ] [ ] [X] [ ] quality of the site and its surroundings? d) Create a new source of substantial light or glare that [ ] [ ] [X] [ ] would adversely affect day or nighttime views in the area? e)Other I I I I H. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: - a) Convert Prime Farmland, Unique Farmland, or' [ ] [ ] [ ] [X] Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or [ ] [ ] [ ] [X] a Williamson Act contract? c) Involve other changes in the existing environment [ ] [ ] [] [X] which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 10 Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 6 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact - Mitigation d)Other [] [] [] [] III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? f) Other IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [X] I 2t Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 7 of 30 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Oak trees? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Affect a Significant ,Ecological Area (SEA) or Significant Natural Area (SNA) as identified on the City of Santa Clarita ESA Delineation Map? h) Other V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] [X] I [] [] [X] [] [] [] [X] I Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 8 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Cause a substantial adverse change in the [ ] [ ] [X] [ ] significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy or impact a unique ( ] paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred [ ] outside of formal cemeteries? e) Other [ ] VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial [ ] adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as [ ] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [ ] iii) Seismic -related ground failure, including [ ] liquefaction? iv) Landslides? [ ] b) Result in substantial wind or water soil erosion or the [ ] loss of topsoil, either on or off site? [] [X] I [] [x} I [] [X] I [] [X] I [l [X] [] L] [X] I M Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 9 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation c) Be located on a geologic unit or soil that is unstable, [ ] [ ] [X] [ ] or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- [ ] [ ] 1-B of the Uniform Building Code (1997), creating substantial risks to life or,property? e) Have soils incapable of adequately supporting the [ ] [ ] use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Change in topography or ground surface relief [ ] [ ] features? g) Earth movement (cut and/or fill) of 10,000 cubic [] [ ] yards or more? h) Development and/or grading on a slope greater than [ ] [ ] 10% natural grade? i) The destruction, covering or modification of any [ ] [] unique geologic or physical feature? j) Other [ ] [ ] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the [ ] [] environment through the routine transport, use, or disposal of hazardous materials? [X] [X] [X] [X] [X] [X] [X] I aJ Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 10 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Create a significant hazard to the public or the [ J [ J [XJ [ J environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or [ ] acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of [ ] hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan [ ] or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, [ ] would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with [ ] an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of [ ] loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? [] [XJ [J [J [XJ [J [J [XJ [J [] [XJ [J Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page I 1 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation i) Exposure of people to existing sources of potential [ ] [ ] [X] [ ] health hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? j)Other I I I [] VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste [ ] [ ] [X] [ ] discharge requirements? b) Substantially deplete groundwater supplies or [ ] [ ] [X] [ ] interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the [ ] [ ] [X] [ ] site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the [ ] [ ] [X] [ ] site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would [ ] [ ] [X] [ ] exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [ ] [ ] [X] [ ] 0 ab" Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 12 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation g) Place housing within a 100 -year flood hazard area as [ ] [ ] [X] [ ] mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures [ ] which would impede or redirect flood flows? i) Expose people or structures to a significant risk of [ ] loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? [ ] k) Changes in the rate of flow, currents, or the course [ ] and direction of surface water and/or groundwater? i) Other modification of a wash, channel creek or river? [ ] 1) Impact Stormwater Management in any of the [ ] following ways: i) Potential impact of project construction and [ ] project post -construction activity on storm water runoff? ii) Potential discharges from areas for materials [ ] storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? iii) Significant environmentally harmful increase in [ ] the flow velocity or volume of storm water runoff? iv) Significant and environmentally harmful [ ] increases in erosion of the project site or surrounding areas? I [X] I [J [X] I [] [XJ I [] [X] I [] [XJ I [] [X] I 24 Master Case 09-002 Gone Change 09-001, Initial Study 09-001 Page 13 of 30 v) Storm water discharges that would significantly impair or contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.) vi) Cause harm to the biological integrity of drainage systems, watersheds, and/or water bodies? vii) Does the proposed project include provisions for the separation, recycling, and reuse of materials both during construction and after project occupancy? IX. LAND USE AND PLANNING - Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] [X] I a) Disrupt or physically divide an established [ ] community (including a low-income or minority community)? b) Conflict with any applicable land use plan, policy, [ ] or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation [ ] plan, natural community conservation plan, and/or policies by agencies with jurisdiction over the project? X. MINERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral [ ] resource that would be of value to the region and the residents of the state? [X] I I [X] M R Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 14 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Result in the loss of availability of a locally [ ] [ ] [X] [ important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Use nonrenewable resources -in a wasteful and inefficient manner? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess,of standards established in the local -general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? J e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? [Xl I [X] I [X] I [X] I I [Xl I [X] Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 15 of 30 XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere (especially affordable housing)? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES - Would the project result in: a) Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction 'of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? XIV. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [1 11 [X] [] [1 11 1X1 [] [1 11 1X1 [] 11 11 1X1 f1 Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 16 of 30 b) Include recreational facilities or require the [ ] [ ] [X] [ ] construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATIONITRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in [ ] [ ] [X] [ ] relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level [ ] [ ] [X] [ ] of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including [ ] [ ] [ ] [X] either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature [ ] [ ] [X] [ ] (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [ ] [ ] [X] [ ] f) Result in inadequate parking capacity? [ ] [ ] r [X] [ ] g) Conflict with adopted policies, plans, or programs [ ] [ J [X] [ ] supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Hazards or barriers for pedestrians or bicyclists? [ ] [ ] [X] [ J XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the [ ] [ ] [X] [ J applicable Regional Water Quality Control Board? Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 17 of 30 b) Require or result in the construction of new water or [ ] wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm [ J water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the [ ] project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater [ ] treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted [ ] capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? [X] I 2X- Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 18 of 30 b) Does the project have impacts that are individually [ ] [ ] limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the_ effects of probable future projects)? c) Does the project have environmental effects which [ ] [ ] will cause substantial adverse effects on human beings, either directly or indirectly? XVII. DEPARTMENT OF FISH AND GAME`DE MINIMUS' FINDING a) Will the project have an adverse effect either [ ] [ ] individually or cumulatively, on fish and wildlife resources? Wildlife shall be defined for the purpose of this question as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for it's continued viability." [X] I [X] I I [X] Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 19 of 30 D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections Evaluation of Impacts I. AESTHETICS a.) Less than Significant Impact: The City of Santa Clarita is located within Southern California's Santa Clarita Valley, which is bounded by the San Gabriel Mountains to the south and east, the Santa Susanna Mountains to the southwest, and the mountains of the Los Padres and Angeles National Forests to the north. The surrounding natural mountains and ridgelines, some of which extend into the City, provide a visual backdrop for the City. Other scenic resources within or visible from the City include the Santa Clara River corridor, forested/vegetated land, and a variety of canyons and natural drainages in portions of the City. The Homeless Shelter Overlay Zone and modifications to the Unified Development Code (UDC) regarding "Transitional and Supportive Housing" will not affect any scenic vistas or other scenic resources within the City of Santa Clarita. Rather, the Homeless Shelter Overlay Zone with specific development standards proposed would have a less than significant impact on aesthetics, visual character and visual quality of specific projects within the City of Santa Clarita by clarifying development requirements for homeless shelter projects adhere to other standards and guidelines of the UDC. Therefore, the proposed Homeless Shelter Overlay Zone, and the UDC amendments related to "Transitional, Supportive Housing and Homeless Shelters" (herein after UDC amendments) would have a less than significant impact on scenic vistas. b.) Less than Significant Impact: The only roadway within the City of Santa Clarita that is identified in the California Department of Transportation's State Scenic Highway program is the Interstate 5 (1- 5) freeway, which is designated as an "Eligible State Scenic Highway". This designated eligible segment of the I-5 Freeway extends from the I-210 Freeway interchange to the SR126/Newhall Ranch Road interchange. SR 126 from the City's boundary at the I-5 west to SR 150 in Ventura County is also designated an "Eligible State Scenic Highway". The proposed Homeless Shelter Overlay Zone and UDC amendments will not affect existing City development standards, codes and ordinances regarding development of or near Scenic Highways. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would have no significant impacts on scenic resources within a state scenic highway. c.) Less than Significant Impact: The proposed amendments and Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 20 of 30 development standards would be applied to all future homeless shelter development within the City. Homeless Shelter projects based on the proposed specific development standards would be in character with current UDC. Therefore, the proposed Homeless Shelter Overlay Zone and amendments would have a less than significant impact on the visual character or quality of site and surroundings. d.) Less than Significant Impact: The proposed Homeless Shelter Overlay Zone and UDC amendments do not alter the City standards for outdoor lighting and would not be a new source of light or glare. The proposed Homeless Shelter Overlay Zone and UDC amendments are anticipated to have a less than significant impact on light and glare. II. AGRICULTURE a. -c.) No Impact — The proposed Homeless Shelter Overlay Zone RESOURCES and modifications to the UDC will not affect any farmland identified by the California Resources Agency, farmland designated under a Williamson Act Contract, and will not convert any farmland to non- agricultural use. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments are anticipated to have no impact on agricultural resources. III. AIR QUALITY a.) Less than Significant Impact: The City of Santa Clarita is within the South Coast Air Basin (SCAB), which is bounded by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD). The SCAB has a history of recorded air quality violations and is an area where both state and federal ambient air quality standards are exceeded. Because of the violations of the California Ambient Air Quality Standards (CAAQS), the California Clean Air Act requires triennial preparation of an Air Quality Management Plan (AQMP). The AQMP analyzes air quality on a regional level and identifies region -wide attenuation methods to achieve the air quality standards. These region -wide attenuation methods include regulations for stationary -source polluters; facilitation of new transportation technologies, such as low -emission vehicles; and capital improvements, such as park-and-ride facilities and public transit improvements. The most recently adopted plan is the 2007 AQMP, adopted on June 1, 2007. This plan is the South Coast Air Basin's portion of the State Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 21 of 30 Implementation Plan (SIP). This plan is designed to implement the California Clean Air Act an in turn implement the Federal Clean Air Act administered by the EPA. The AQMP accommodates population growth and transportation projections based on the predictions made by the Southern California Association of Governments (SCAG). Thus, projects that are consistent with employment and population forecasts are consistent with the AQMD. The proposed Homeless Shelter Overlay Zone and changes to the UDC will not alter any of the aforementioned measures directly. The proposed Homeless Shelter Overlay Zone and UDC amendments are consistent with Zoning and General Plan Land Use designations. The proposed Homeless Shelter Overlay Zone and UDC amendments are consistent with, and will have no effect on, the growth expectations for the region and are therefore consistent with the 2007 AQMP. Subsequent homeless shelter development projects within the City may affect the local air quality in the future. The potential air quality impacts of future development projects however, are too speculative to evaluate at this time. Regardless, subsequent homeless shelter development projects will be required to adhere to the General Plan and standards set forth in the UDC. Future homeless shelter development is therefore also anticipated to be consistent with the AQMP and is not expected to result in significant environmental impacts. b.) Less than Significant Impact: Santa Clarita is located in a non - attainment area, an area that frequently exceeds national ambient air quality standards. However, the proposed Homeless Shelter Overlay Zone and UDC amendments do not affect the South Coast Air Quality Management District's (SCAQMD) land use, construction, and mobile emission thresholds for significant air quality impacts, according to the 1993 updated SCAQMD's CEQA Air Quality Handbook. Therefore, no significant impact to air quality standards is anticipated as a result of the proposed Homeless Shelter Overlay Zone and UDC amendments. c.) Less than Significant Impact: As discussed is Section III.b), the proposed Homeless Shelter Overlay Zone and UDC amendments would not exceed the thresholds of significance established by the SCAQMD. The SCQAMD established these thresholds in consideration of cumulative air pollution in the SCAB. As such, projects that do not exceed the SCAQMD's thresholds are not considered- to significantly contribute to cumulative air quality impacts. The proposed Homeless Shelter Overlay Zone and amendments to the UDC do not propose development; however, any future development will be evaluated pursuant to CEQA and assess A-- Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 22 of 30 project related air quality impacts. Therefore, no impact to ambient air quality is anticipated as a result of the proposed Homeless Shelter Overlay Zone and UDC amendments. d.) Less than Significant Impact: Certain residents, such as the very young, the elderly and those suffering from certain illnesses or disabilities, are particularly sensitive to air pollution and are considered sensitive receptors. In addition, active park users, such as participants in sporting events, are sensitive air pollutant receptors due to increased breathing rates. Land uses where sensitive air pollutant receptors congregate include schools, day care centers, parks, recreational areas, medical facilities, rest homes, and convalescent care facilities. The proposal does not include any physical development at this time. The proposed Homeless Shelter Overlay Zone and UDC amendments may apply to future development projects within the City. However, the proposed amendments and Homeless Shelter Overlay Zone do not remove any odor -related regulations and would not foreseeable lead to a change in the generation of odor. Additionally, the proposed amendments would not place sensitive land uses adjacent to substantial air pollution sources. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would have no air quality impacts on sensitive receptors. e.) Less than Significant Impact: The proposed Homeless Shelter Overlay Zone and UDC amendments will. not locate any land use adjacent to an odor producing facility or use. The proposed amendments are regulatory in nature and all future land uses must comply with all applicable regulations of the AQMD and the City of Santa Clarita General Plan and UDC. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would ,have no significant odor -related impacts. IV. BIOLOGICAL a. -d.), Less than Significant Impact - The proposed changes to the RESOURCES UDC and the creation of a Homeless Shelter Overlay Zone do not include the modification of any habitat and would not otherwise affect any candidate, sensitive or special status species identified by the Department of Fish and Game or the U.S. Fish and Wildlife Service. Further, the proposed Homeless Shelter Overlay Zone and UDC amendments will not have any adverse affect on any riparian habitat or wetlands as defined by Section 404 of the Clean Water Act. The proposed Homeless Shelter Overlay Zone and UDC changes will help to guide future development within the City in regards to Transitional Housing, Supportive Housing and Homeless Shelters, will alter land use entitlements for related homeless shelter Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 23 of 30 developments, and would not remove environmental review requirements or necessary entitlements for any future developments. In addition, there is no proposed alteration to any wildlife corridor or migratory fish corridor proposed and no change to any regulation or code protecting such resources. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would not cause significant impacts to sensitive species, sensitive natural community, riparian habitat, or wetlands. e.) Less than Significant Impact — The City of Santa Clarita has an Oak Tree Preservation Ordinance that regulates the development adjacent to and under oak trees. The Homeless Shelter Overlay Zone and UDC amendments to not alter or change the Oak Tree Preservation Ordinance. Therefore, no significant impact to oak trees is anticipated with the proposed Homeless Shelter Overlay Zone and UDC amendments. f. -g.) Less than Significant Impact — The proposed UDC modifications propose no alterations to any local or regional habitat conservation plan. In addition, the proposed UDC modifications will not affect any property designated as an SEA (Significant Ecological Area) or SNA (Significant Natural Area) on the City's ESA (Environmentally Sensitive Area) Delineation Map. Therefore, no significant impact is anticipated with respect to any SEA or SNA as identified on the City's ESA map. V. CULTURAL a. -d.) Less than Significant Impact — The proposed Homeless RESOURCES Shelter Overlay Zone and changes to the UDC will not have a significant impact on cultural resources in the City of Santa Clarita. The proposed modifications to the UDC will not alter any unique geological feature, paleontological resource, any human remains or affect any historical or archeological resource. The proposed Homeless Shelter Overlay Zone and UDC amendments will govern subsequent residential development activity, which may impact cultural resources. However, the potential impact of future development is too speculative to evaluate at this time; and all future development activity within the established areas would be required to comply with Goal 10 of the City's Open Space and Conservation Element, to protect the historical and culturally significant resources, which contribute to community identity and a sense of history. Therefore, a less than significant impact to archeological, historical or cultural resource would be caused by the proposed Homeless Shelter Overlay Zone and UDC amendments. Al. GEOLOGY AND a. t -iv) Less than Significant Impact — Southern California has Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Noe 24 of 30 SOILS numerous active and potentially active faults that could affect the City. As stated in the City's General Plan, the City is susceptible to geologic hazards in the event of a mayor earthquake (magnitude 8.3) along the San Andreas Fault. This could result in ground failure and liquefaction. However, the proposed Homeless Shelter Overlay Zone and modifications to the UDC would not change the requirements of future development to follow all state and City building codes/regulations. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would have a less than significant impact related to exposure of people or structures to any adverse effects of seismic activity. b.- i.) Less that Significant Impact — The proposed Homeless Shelter Overlay Zone and UDC modifications will not result in any erosion or location of structures on or near unstable soil, expansive or otherwise. The proposal would not affect requirements of future developments to comply with all state and city building codes/regulations. Therefore, the proposal would have a less than significant impact with respect to erosion, unstable or expansive soil, or any topographical features. VII. HAZARDS AND a. -d.) Less than Significant Impact — The proposed Homeless HAZARDOUS Shelter Overlay Zone and changes to the UDC would not directly MATERIALS expose people to health hazards or hazardous materials and would not interfere with any emergency response plans. Subsequent developments in the city would be required to comply with the City's General Plan and development codes and federal, state, and local hazardous material regulations. Furthermore, no development is associated with the proposed Homeless Shelter Overlay Zone and UDC modifications, and potential future effects would only occur as a subsequent affect of future on-site development. Therefore, a less than significant impact to hazardous materials is anticipated with the proposed Homeless Shelter Overlay Zone and UDC modifications. e. -f.) No Impact — The proposed Homeless Shelter Overlay Zone and UDC amendments includes no change to land use or development standards for land within 2 miles of an airport and airfield or otherwise within an airport land use plan. Further, no airport of airfield is located within 2 miles of the City boundaries. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would not affect the risks of land uses adjacent to airports or airfields and the proposal would have no related impacts. g.) Less than Significant Impact — No development is associated with Homeless Shelter Overlay Zone. Future development of any homeless shelter would be subject to all health and safety ^ � 1 Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 25 of 30 4-a requirements and emergency response plans. Therefore the proposed Homeless Shelter Overlay Zone and UDC amendments would not affect the implementation of emergency response plans, and would have a less than significant impact. h.) Less than Significant Impact — The proposed Homeless Shelter Overlay Zone and UDC amendments would not directly increase the risks of wildland fires, and would not change the regulations or development standards governing development adjacent to wildlands. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would have a less than significant impact. VIII. HYDROLOGY a. -b.) Less than Significant Impact — The proposed project would AND WATER not impact water quality standards, nor affect groundwater supplies. QUALITY The proposed project is an amendment and zone for a specific residential (homeless shelter) land use provisions, and will not be responsible for direct development impacts. However, subsequent development projects would be required to comply with the development impact standards put forth in the City's General Plan and all Clean Water Act Requirements, including the National Pollutant discharge Elimination System (NPDES). Therefore, the project will have a less than significant impact to water quality or ground water supplies. c. -l.) Less than Significant Impact — The proposed changes to the UDC and Homeless Shelter Overlay Zone are anticipated to have a less than significant impact on any 100 -year flood hazard area, tsunami, drainage pattern, or runoff of Stormwater Management systems. As mentioned previously, the proposed project is an amendment and zone for a specific homeless shelter land use provisions, and will not be responsible for direct development impacts. However, subsequent development projects in the Homeless Shelter Overlay Zone would be required to comply with the standards put forth in the City's General Plan and all Clean Water Act Requirements, including the National Pollutant discharge Elimination System (NPDES). Furthermore, the proposed Homeless Shelter Overlay Zone and UDC amendments would not change any hydrology or water quality -related codes, laws, permits, or regulations. Therefore, the project will have a less than significant impact. ; IX. LAND USE AND a.) Less than Significant Impact: No established community would PLANNING be disrupted or physically divided due to the proposed project, as the project proposes changes to the UDC related to homeless shelters and transitional housing. The project in and of itself would not impose 4-a Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 26 of 30 41 any physical barriers on any existing and established community. therefore, a less than significant impact would occur. b.) Less than Significant Impact: The purpose of the proposed Homeless Shelter Overlay Zone and UDC amendments is primary to comply with SB2. SB2 requires that cities adopt a zone or zones where a year round homeless shelter would be permitted by right. The proposed amendments to the UDC establish development standards for homeless shelters, as well as add the State definition for Supportive Housing and Transitional Housing to the UDC. No development activity will be authorized at this time. Therefore, a less than significant impact related to land use and planning is anticipated with the proposed Homeless Shelter and amendments to the UDC. c.) Less than Significant Impact: The proposed Homeless Shelter Overlay Zone and UDC amendments do not affect current City standards regarding habitat conservation plans, natural community preservation plans, and/ or the policies of agencies with jurisdiction over resources and resource areas within the City. Any future development project under the Homeless Shelter Overlay Zone would be subject to the standards and regulations established by the City and other agencies. Therefore, the project would have a less than significant impact on conservation plans. X. MINERAL AND a. -c.) Less than Significant Impact — Gold mining and oil ENERGY production historically have been the principal mineral extraction RESOURCES activities in and around the Santa Clarita Valley. Other minerals found in the planning area include construction aggregate, titanium, and tuff. Mineral resources and extraction areas are shown in Exhibit OS -5 of the City's General Plan. No modifications to the UDC are proposed at this time with respect to current mining operations within the city and will not affect mineral resources in the city. Therefore, no significant impact related to mineral and energy resources is anticipated. XI. NOISE a. -d.) Less than Significant Impact — The proposed Homeless Shelter Overlay Zone and modifications to the UDC will not expose persons to the generation of excess' noise levels, groundborne vibration, or increase ambient noise in the City of Santa Clarita. The UDC modification and Homeless Shelter Overlay Zone, in fact, do not propose any development at this time and therefore, there would be no impact to noise levels in the city. The proposed amendments may apply to future development projects within the City. The proposed amendments and Homeless Shelter Overlay Zone do not remove any noise -related regulations and would not foreseeable lead 41 Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 27 of 30 'iL to a change in the generation of noise at this time. Therefore, no significant impact is anticipated with relation to noise. e. -f.) No Impact — There are no airports, airfields, or airport land use plans within the City. Therefore, the proposed Homeless Shelter Overlay Zone and UDC amendments would cause no impacts related to airport noise. XII. POPULATION a. -c.) Less than Significant Impact — Growth -inducing impacts are AND HOUSING caused by those characteristics of a project that foster or encourage population and/or economic growth. These characteristics include adding residential units or businesses, expanding infrastructure, and generating employment opportunities. The proposed project is a regulatory adjustment that would modify the City's UDC related to homeless shelters and transitional/supportive housing, and does not include any development activity at this time. The amendments would permit homeless shelters within areas of the City identified under the proposed Homeless Shelter Overlay Zone. Any new facility would be subject to the development standards set forth in the proposed amendments and consistent with SB2. Furthermore, the proposed project would not otherwise induce growth by the expanding the capacity of the roadway network or utility infrastructure. Therefore, although the proposed project would permit homeless shelters within the City, the project would not cause significant growth inducing impacts. The proposed Homeless Shelter Overlay Zone and UDC modifications would not alter the City's population projections and are consistent with the City's General Plan. Therefore, the project would have no significant impacts to population and housing. XIII. PUBLIC a)i. Less than Significant Impact — The proposed project will not SERVICES directly increase the need for fire protection services. However, any future development would be subject to development fees, which are established to compensate for growth. Since, the proposed Homeless Shelter Overlay Zone and UDC amendments are not anticipated to have an immediate impact on fire protection services, and future development would remain subject to development fees, the project would have no significant impact to fire services. a)ii. Less than Significant Impact — The proposed Homeless Shelter Overlay Zone and UDC amendments are not anticipated to directly increase the need for police services. However, any future development would be subject to development fees, which are established to compensate for growth. Since, the proposed Homeless Shelter and UDC amendments would have no immediate impact on 'iL Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 28 of 30 y3 police services, and future development would remain subject to development fees, the project would have no significant impact to police services. a) iii. Less than Significant Impact — The proposed project is not anticipated to directly increase the population of the City of Santa Clarita. However, any future residential development would be subject to school development fees, which are established to compensate for growth. Since, the proposed change UDC amendments and creation of the Homeless Shelter Overlay Zone would have no immediate impact on school services, and future development would be subject to school development fees, the project is anticipated to have a less than significant impact to school services. , a)iv. Less than Significant Impact — The proposed project is not anticipated to directly increase number of persons using public parks. However, any future development would be subject to park impact fees, which are established to compensate for residential growth. Since, the proposed Homeless Shelter Overlay Zone and UDC amendments would have no immediate impact on parks, and future development would remain subject to park impact fees, the amendments are anticipated to have a less than significant impact to parks. XIV. RECREATION a. -b.) Less than Significant Impact — The proposed changes to the UDC and Homeless Shelter Overlay Zone will not have any impact on recreational amenities within the City of Santa Clarita. The proposed project is a regulatory adjustment and does not include any development activities at this time. Any subsequent development would be required to comply with the Parks and Recreation Element in the City's General Plan and would be subject to the City's park impact fees. Therefore, no significant impact to recreation is anticipated with the proposed UDC modifications. XV. a. -b.) Less than Significant Impact — The proposed amendments to TRANSPORTATION / the UDC and creation of the Homeless Shelter Overlay Zone are TRAFFIC regulatory in nature and are not anticipated to have immediate developmental impacts that alter traffic load or capacity on street systems. Future development activity in the city would be regulated by the City's UDC, General Plan, and transportation policies. Future projects would be subject to additional CEQA review to determine project related impacts and potential mitigation measures. However, at this time, since no development is being approved, a less than significant impact to traffic is anticipated as a result of the proposed y3 Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 29 of 30 44> Homeless Shelter Overlay Zone and UDC amendments. c. -h.) Less than Significant Impact: The proposed amendments to the UDC do not authorize any development at this time. Therefore, the proposed amendments would have no impacts on City traffic systems including emergency routes, parking capacity, pedestrian or bicycle routes, air traffic patterns, or increase hazards due to a design feature or incompatible use. Future development projects would be required to comply with the Circulation Element of the City's General Plan, the City's roadway design and parkway standards, and all adopted policies, plans, and programs supporting alternative transportation. Therefore, the proposed amendments and Homeless Shelter Overlay Zone would have a less than significant impact on traffic. XVI. UTILITIES AND a. -g.) Less than Significant Impact — The proposed Homeless SERVICE SYSTEMS Shelter Zone and amendments to the City's Unified Development Code do not include any development at this time. Therefore, the project would not result in the construction of new water facilities, expansion of existing facilities, affect drainage patterns, water treatment services, and furthermore, no impacts to the City's landfill capacity would occur. Any subsequent development would be required to comply with the City's General Plan and the requirements of the Regional Water Quality Control Board and all applicable utility purveyors. Compliance with these requirements would ensure all federal, state and local statutes and imposed regulations are met. Therefore, a less than significant impact to utilities or service systems is anticipated with the proposed amendments and Homeless Shelter Overlay Zone. XVII. MANDATORY a. -c.) Less than Significant Impact — The proposed Homeless FINDINGS OF Shelter Overlay Zone amendments to the UDC are not anticipated to SIGNIFICANCE have a significant impact on the environment that would lead to a substantial reduction in habitat of a fish or wildlife species, or reduce or restrict the number of rare, threatened or endangered species. The proposal does not involve any physical development at this time. The proposed Homeless Shelter Overlay Zone and UDC amendments may apply to future development projects within the City. However, the proposed amendments do not remove any established City regulations that protect any plant and animal species. Due to the nature of the proposed Homeless Shelter Overlay Zone and UDC amendments, the proposal would not contribute to any cumulative impacts and would not cause environmental effects that would adversely affect humans. Rather, the proposed Homeless Shelter Overlay Zone and UDC amendments are intended to guide future 44> Master Case 09-002 Zone Change 09-001, Initial Study 09-001 Page 30 of 30 S \CD\CURRENn'2009\09-002 (SB2 Homeless Shelter Zone)\Initial Study doe 7 � i development throughout the city. Therefore, the proposed project would have no significant impact that could result in a Mandatory Findings f Significance. XVIII. DEPARTMENT a.) No Impact — The legislative intent of the Department of Fish and OF FISH AND GAME `DE Game `De Minimus' Finding is "to extend the current user -based MINIMUS' FINDING funding system by allocating the transactional costs of wildlife protection and management to those who would consume those resources through urbanization and development..." (AB 3158, Chapter 1706, Statutes of 1990, effective January 1, 1991, Section 1(c)). However, the proposed Homeless Shelter Overlay Zone and UDC amendments would not entitle any new development; and any future development proposal seeking discretionary approval would remain subject to CEQA and the CDFG Code. Since, the proposed amendments are not anticipated to have a significant adverse effect either individually or cumulatively, on fish and wildlife resources, the project's impacts on fish and wildlife are de minimus. S \CD\CURRENn'2009\09-002 (SB2 Homeless Shelter Zone)\Initial Study doe 7 � i h CITY OF SANTA CLARITA STAFF REPORT MASTER CASE NO. 09-002 UNIFIED DEVELOPMENT CODE AMENDMENT 09-001 ZONE CHANGE 09-001 DATE: February 17, 2009 TO: Chairperson Kennedy and Members of the Planning Commission FROM: Paul D. Brotzman, Director of Community Deveel pme Lisa M. Webber, AICP, Planning Manage MW " CASE PLANNER: Jason Killebrew, Assistant Planner I (/ APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: The City of Santa Clarita is requesting approval to amend various sections of Chapter 17 of the City's Municipal Code (the Unified Development Code (UDC)) and Zoning Map in order to meet the intent of Senate Bill 2. Proposed amendments include creating a Homeless Shelter Overlay Zone where shelters are permitted by right. In addition to the Homeless Shelter Overlay Zone, the City is proposing to amend the UDC to define supportive and transitional housing and create development standards for homeless shelter operation and construction within the overlay. BACKGROUND On October 13, 2007, the Governor of California approved Senate Bill 2 (S132) to amend Sections 65582, 65583, and 65589.5 of the Government Code, related to local planning. The amended Planning and Zoning Law requires that local jurisdictions amend zoning laws to meet the intent of SB2, with regard to homeless shelters, supportive housing, and transitional housing. The bill [Senate Bill 2] would add shelters to the housing element thus requiring a local government to identify a zone or zones where shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. (Government Code Section 66582, 65583, 65589.5) The State requires that local governments identify a zone or zones to include capacity to accommodate the need for at least one year-round shelter. The local government shall also demonstrate that the existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, homeless shelters. In addition, the State requires that local jurisdictions provide development opportunities for a variety of housing types including transitional and supportive housing. Agenda Item: q. Master Case 09-002 February 17, 2009 Page 2 of 4 Transitional housing is a type of housing used to facilitate the movement of homeless individuals and families into permanent housing. The resident of the transitional home is limited to a stay of up to two years while receiving supportive services that enable independent living. Supportive housing is permanent rental housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives. Currently, the City of Santa Clarita Municipal Code does recognize transitional and supportive housing types as permitted residential uses. However, the UDC does not have language describing this recognition. In addition, homeless shelters are currently addressed in the UDC and are allowed in the cc (Community Commercial) zone with approval of a Conditional Use Permit, in the I (Industrial) and IC (Industrial Commercial) zone with the approval of a Minor Use Permit (subject to a public hearing) and in the BP (Business Park) zone with the approval of a Minor Use Permit. All existing requirements for locating Homeless Shelters will remain in place with the exception of the areas located within the Homeless Shelter Overlay Zone where no, discretionary permit would be required. It is important to note, however, that the construction of a homeless shelter require a Development Review Permit, where the site plan, architecture, floor plans, etc. would be reviewed to ensure compliance with the City's UDC. On May 20, 2008 Planning staff presented to the Planning Commission the annual UDC amendments. These amendments included adding definitions for supportive and transitional housing as well as changes to permit homeless shelters in the BP zone by right without a discretionary permit in, order to comply with S132. The Planning Commission approved staff's recommendation by adopting Resolution P08-10 and recommending that the City Council approve Master Case 08-038, consisting of Unified Development Code Amendment 08-001, amending the UDC. Since the May 20, 2008, Planning Commission hearing, City staff elected to remove the UDC amendments regarding S132 from the City Council agenda to research alternatives to the original proposal, and to meet with the City's Emergency Winter Task Force. Planning staff worked with the City's Emergency Winter Shelter Task Force to identify where homeless shelters should be permitted by right. Staff presented the original proposal to the Task Force to allow homeless shelters by right in the Business Park Zone. In response to comments from the Task Force, staff revised the original proposal to create an overlay zone on three specific business park areas in the City (Valencia Industrial Center, Rye Canyon Business Park, and Centre Pointe Business Park). For each of these three areas, staff also created 300 -foot buffers around public and private schools and public parks. A buffer was also created along the eastern edge of the Centre Pointe Business Park from the neighboring residential properties, where a homeless shelter would not be permitted by right. The intent of creating these buffer areas is to maintain the character of adjacent residential communities and schools. PROJECT DESCRIPTION The City of Santa Clarita is preparing amendments to Chapter 17 of the City's Municipal Code (the Unified Development Code (UDC)) and Zoning Map to create an overlay zone where shelters are permitted by right. The proposed Homeless Shelter Overlay Zone includes three areas - the Valencia Industrial Center, Rye Canyon Business Park, and a portion of the Centre a Master Case 09-002 February 17, 2009 Page 3 of 4 Pointe Business Park. These areas of the City are located within the existing Business Park zone. In addition to the Homeless Shelter Overlay Zone, the City is proposing to amend the UDC to define supportive and transitional housing as a permitted residential use in order to meet the intent of S132. In addition, the proposal includes specific development standards for the construction and operation of homeless shelters within the overlay. A copy of the proposed amendments and overlay zone has been provided as Exhibit "A" and the proposed Homeless Shelter Overlay Zone Map as Exhibit "B". ANALYSIS The proposed amendments include the addition of language to: 1) reflect the State's mandate that transitional and supportive housing are permitted residential uses; 2) create a Homeless Shelter Overlay Zone; and 3) provide specific homeless shelter development standards within the overlay. A description of these changes include: • Homeless Shelter Overlay Zone Map Create a Homeless Shelter Overlay Zone that identifies three areas of the City within the existing Business Park Zone where homeless shelters are permitted by right. • 17.07 Definitions Create or modify definitions for "Transitional Housing" and "Supportive Housing" pursuant to S132. • 17.12 Use Type Classification Create or modify Use Type Classifications and/or definitions for use types "Transitional and Supportive Housing" to reflect the language of the State -required definition. • 17.13 Permitted Use Chart Indicate Transitional and Supportive Housing as permitted uses as in all Residential zones, consistent with State regulations. • 17.17 Special Uses and Standards Specific Development Standards were created for Homeless Shelters consistent with State regulations. These amendments and proposed overlay zone are in substantial conformance with City and State regulations. Attached is a copy of the proposed amendments (Exhibit "A" of the attached resolution) and proposed Homeless Shelter Overlay Zone Map (Exhibit "B"). Within Exhibit "A", the amendments are indicated as follows: Underlined sections indicate new wording to the UDC. 3 M LA Master Case 09-002 February 17, 2009 Page 4 of 4 ENVIRONMENTAL STATUS An Initial Study was prepared in accordance with the California Environmental Quality Act (CEQA). The Initial Study determined that all impacts related to the proposed modifications are considered to be less than significant. Therefore, a. Negative Declaration was prepared in accordance with Section 15070 of CEQA. Future development guided by the proposed modifications to the UDC would be required to complete environmental review in compliance with CEQA. RECOMMENDATION Staff recommends that the Planning Commission: 1) Open the public hearing; 2) Receive testimony from the public; and 3) Adopt Resolution P09-04 recommending that the City Council approve Master Case 09- 002, consisting of Unified Development Code Amendment 09-001 and Zone Change 09- 001 amending the Unified Development Code as described in the attached Exhibit "A" and `B", and adopt the Negative Declaration prepared for the project. ATTACHMENTS Resolution P09-04 Proposed UDC Amendment (Exhibit "A") Proposed Homeless Shelter Overlay Zone Map (Exhibit "B") Negative Declaration and Initial Study S \CMCURRENT�12009\09-002 (SB2 Homeless Shelter Zone)\PC Staff Report doc RESOLUTION NO. P09-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING THAT THE CITY COUNCIL APPROVE MASTER CASE NO. 09-002 (UNIFIED DEVELOPMENT'CODE AMENDMENT 09-001, ZONE CHANGE 09-001) AND ADOPT A NEGATIVE DECLARATION IN ORDER TO CREATE A HOMELESS SHELTER OVERLAY ZONE AND AMEND SECTIONS OF TITLE 17 "ZONING" OF THE UNIFIED DEVELOPMENT CODE IN THE CITY OF SANTA CLARITA THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The Planning Commission does hereby make the following findings of fact: a. On October 13, 2007, the Governor of California approved Senate Bill 2 (SB2) that mandated local jurisdictions to amend zoning laws and identify a zone or zones to include capacity to accommodate at least one year-round shelter. In addition, local jurisdictions are required to allow transitional and supportive housing by right in all residential zones; b. On May 20, 2008, Planning staff presented to the Planning Commission the annual Unified Development Code (UDC) amendments. These amendments included adding definitions for supportive and transitional housing as well as changes to permit homeless shelters by right in the BP (Business Park) zone. Since the May 20, 2008 Planning Commission meeting, staff elected to remove the UDC amendments-regarding-SB21from the July -8-,2008 City Council Agenda to research - -dlternatives to theoriginal-proposal, and to meet with the City's Emergency Winter Task Force. Staff and the Task Force worked together to create the Homeless Shelter Overlay Zone which includes three areas of the City (Valencia Industrial Center, Rye Canyon Business Park, and Centre Pointe Business Park). In addition, within the proposed Homeless Shelter Overlay Zone are 300 -foot buffers around schools and residential areas, where homeless shelters would not be permitted by right; C. On January 6, 2009, the City of Santa Clarita initiated an application to create a Homeless Shelter Overlay Zone and to revise certain sections of the UDC related to transitional and supportive housing (Title 17 of the City of Santa Clarita Municipal Code) (the "Project"); d. The project was reviewed in compliance with the California Environmental Quality Act (CEQA) and was found to have a less than significant impact to the environment and a Negative Declaration was prepared; Resolution P09-04 Master Case 09-002 Page 2 of 4 e. The project was duly noticed in accordance with the public hearing noticing requirements of the Unified Development Code on January 17, 2009; f. The Planning Commission held a duly noticed public hearing on this issue commencing on February 17, 2009, at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, California; and g. At the hearing described above, the Planning Commission considered a staff presentation, staff report, public testimony on the Unified Development Code Amendments, and the Negative Declaration prepared for the project. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the Plarming Commission recommends the City Council hereby find as follows: a. An Initial Study,and a Negative Declaration, for this project have been'prepared in compliance with the California Environmental Quality Act. (CEQA); b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The Negative Declaration was posted and advertised on January 17, 2009, in accordance with CEQA. The public review period was opened fiom January 17, 2009, through February 17, 2009; C. There is no substantial evidence that the project will have a significant effect on the environment. The Negative Declaration reflects the independent judgment of the City of Santa Clarita; d. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the Planning Commission is the Master Case 09-002 project file within the Community Development Department and is in the custody of the Director of Community Development; and e. The Planning Commission, based upon the findings set forth above, hereby finds that the Negative Declaration for this project has been prepared in compliance with CEQA. SECTION 3, UNIFIED DEVELOPMENT CODE AMENDMENT FINDINGS. Based upon the foregoing facts and findings, the Planning Commission recommends the City Council hereby find as follows: a. The proposed Unified Development Code Amendments (Exhibit "A") and Homeless Shelter Overlay Zone (Exhibit "B") are consistent with the objectives of Resolution P09-04 Master Case 09-002 Page 3 of 4 the Development Code and the General Plan and will meet new State regulations. SECTION 4. 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 on its behalf, the Commission further finds and determines that this proposal is consistent with the City's General Plan. SECTION 5. The Planning Commission recommends the City Council hereby approve Master Case 09-002; Unified Development Code Amendment 09-001 and Zone Change 09-001 to modify various sections of the Unified Development Code and Homeless Shelter Overlay Zone, attached as Exhibit "A" and Exhibit `B," and adopt the Negative Declaration prepared for the project. SECTION 6. The Planning Commission Secretary shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. Resolution P09-04 Master Case 09-002 Page 4 of 4 PASSED, APPROVED AND ADOPTED this 17th day of February, 2009. ATTEST: LIS . WEBBER, AICP CRETARY, PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Lisa M. Webber, Secretary of the Planning Commission of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 17th day of February, 2009, by the following vote of the Planning Commission: AYES: COMMISSIONERS: BURKHART, JACOBSON, KENNEDY, OSTROM, TRAUTMAN NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE PL ING COMMISSION SECRETARY S \MCURRENn12009\09-002 (SB2 Homeless Shelter Zone)\PC Resolution doe