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Home My WebLink About2009-04-28 - AGENDA REPORTS - AMEND UDC TITLE 17 SB 2 (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City g pp Manager Approval: Item to be presented by: Jason Killebrew DATE: April 28, 2009 SUBJECT: SECOND READING OF AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) (TITLE 17) TO CREATE A HOMELESS SHELTER OVERLAY ZONE AND TO MEET THE INTENT OF SENATE BILL 2. DEPARTMENT: Community Development 1110LK6 uu ►0 1 exwl[el l City Council adopt an ordinance entitled: "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." BACKGROUND On October 13, 2007, the Governor of California approved Senate Bill 2 (SB2) to amend Sections 65582, 65583, and 65589.5 of the Government Code, related to local planning. The State requires that local governments identify a zone or zones to include the capacity to accommodate the need for at least one year-round shelter. In addition, the State requires that local jurisdictions provide development opportunities for a variety of housing types including transitional and supportive housing. On February 17, 2009, in response to S132, City staff presented to the Planning Commission a proposal for the creation of a Homeless Shelter Overlay Zone, where homeless shelters would be permitted without the approval of a discretionary permit. Staff also proposed to amend the UDC to identify transitional and supportive housing as permitted residental uses. The Planning Commission, in a 5-0 vote, recommended that the City Council approve Master Case 09-002, ORD• Adopter!: 0�3 __ ' consisting of Unified Development Code Amendment 09-001 and Zone Change 09-001, amending the Unified Development Code to establish -a Homeless Shelter Overlay Zone. At the March 24, 2009, City Council meeting, the City Council introduced and passed to a second reading an amendment to the UDC for the establishment of a Homeless Shelter Overlay zone. In addition to the Homeless Shelter Overlay Zone, specific Homeless Shelter Development Requirements (Exhibit "A") were also established for future homeless shelter construction within the overlay zone. The proposed development standards include two provisions requiring lighting and intake areas to be developed to the satisfaction of the Director of Community Development. During the public hearing, Al Ferdman, a member of the Emergency Winter Shelter Task Force, commented in regards to the proposed homeless shelter development standards. Mr. Ferdman stated that the proposed development standards still impose discretion by the City that appear to be in conflict with S132. Following the March 24, 2009 City Council hearing, staff has made minor changes to "Exhibit A", by deleteing the phrase, "to the satisfaction of the Director of Community Development' from the Homeless Shelter Development Standards (see Exhibit "A") and adding provision No. 7 to ensure all applicable sections of the UDC are applied. ALTERNATIVE IMPACT Other action as determined by the Council. FISCAL IMPACT No negative fiscal impact is anticipated as a result of the proposed modifications to the Unified Development Code. ATTACHMENTS Ordinance - Proposed UDC Amendment (Exhibit A) Proposed Homeless Shelter Overlay Zone Map (Exhibit B) 9'r 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 3 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 MA PASSED, APPROVED AND ADOPTED this 28th day of April, 2009. 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 first 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: X1:1• 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. 3 CITY CLERK 5 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, CMC Deputy City Clerk 2 6 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 improving 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 17.17.040.5 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,- mealscounseling 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 public view to the .,tisfaetion of the Di etom. of Co ;ty TIe��wRt- �.� vu va uw 3. The homeless shelter shall provide on-site management with security during operational hours only. 4. Parking areas shall be paved. 5. The homeless shelter shall be well lit during operational hours. to the s tisfa tion of the D u 6. Homeless shelters shall be allowed have intake between the hours of 5 p.m. to 8 p.m. Page 1 of 2 sAcd\current\!2009\09-002 (sb2 homeless shelter zone)\exhibit a - sb 2.doc a N a x O w M a to IrN O U Z U U U U H U x x x 2 x x J x J cc w x a xi xi x xl xi XI XI XI xl 2 xi xi X XI xi X XI XI X UI UI U UI UI x 0-I 0-I x ELI ELI X ELI CLI x CLI 0-I X CLI al X ELI ill x CLI ELI X ELI ELI X > W r _ E 5 � H :lc Cn7 2,1: 2 (n N U) o` s as — 7 s ro sn s � •3 m L 2 j O U S co Q i p C 7 j j N CO 'a N I Psi Exhibit B-1 of Ordinance 09- -' IT_=,1 Homala 51wHar Zoning Map ti_Y�Yl�tir�v� Exhibit B-2 of Ordinance 09 - Ham Clem ghc:•cr Zgmn9 Map r / I f r r ,r rI I / • r-. WI•war�.r �. yl• /o Exhibit B-3 of Ordinance 09-