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HomeMy WebLinkAbout2009-06-23 - ORDINANCES - AMEND TITLE 17 ROOMING HOUSES (2)ORDINANCE NO. 09-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY AND WELL-BEING WITH RESPECT TO ROOMING HOUSES BY AMENDING TITLE 17 OF THE SANTA CLARITA MUNICIPAL CODE SECTIONS 17.12.030, AND 17.12.040, "USE TYPE CLASSIFICATIONS" AND SECTION 17.13.010 "PERMITTED USE CHART", AND WITH RESPECT TO THE DEFINITION OF FAMILY BY AMENDING TITLE 17 OF THE SANTA CLARITA MUNICIPAL CODE SECTION 17.07.010 "DEFINITIONS" THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds, based upon information provided in the staff report accompanying this Ordinance, as well as evidence and testimony presented at the meeting where this Ordinance was considered, that the transient, multiple occupant/multiple lease nature of Rooming Houses creates impacts on surrounding neighborhoods that are distinct from those of residences occupied by owners, or persons sharing a household under one or two leases. More specifically, the City has received multiple complaints from neighbors living near Rooming Houses concerning crime, parking, noise, trash, and maintenance issues. Several Rooming Houses in single family residential neighborhoods have consumed a great deal of code enforcement and police resources in responding to complaints. Both the sheriffs and Code Enforcement have cited the owners of Rooming Houses for multiple maintenance and building code violations. Based upon the foregoing, the City Council determines that Rooming Houses are a for profit endeavor that are inconsistent with the character of single family residential uses and further determines that Rooming Houses should not be located in single family residential neighborhoods. SECTION 2. Section 17.12.030 of the Santa Clarita Municipal Code is amended to include "Rooming House" in the listing of Residential Use Types. SECTION 3. Section 17.12.040 of the Santa Clarita Municipal Code is amended to include the following definition under Residential "Use Type Classifications": "Rooming House means a dwelling unit (other than a hotel or motel) where three or more rooms are rented individually or separately, to tenants under separate rental agreements where tenants do not share common financial responsibility for use of the dwelling unit as a whole. Rent may be paid in money, goods, labor, or otherwise. Rental agreements may be written or oral. Housing protected by federal or state law, including housing for persons protected under the Fair Housing Act (42 USC Section 3604(F) and the California Fair Housing Act (California Government Code Section 12920 et seq.), or housing otherwise subject to treatment as a single family dwelling unit by the provisions of state law shall not constitute a Rooming House." 1 SECTION 4. The permitted use chart in Section 17.13.010 is amended to read as follows: Section 17.13.010 Residential Use Types. Residential Use Types A RE RVL RL RS RM RMH RH CTC CC CN 1. Rooming House* X X X X X P** P** P** X X X 2. Caretaker's Residence (6) P P P P P P P P P P P 3. Community Care Facility X X X X X C C C C C C 4. Dwelling a. Single -Family P P P P P P P P X X X b. Two -Family X X X X X P P P X X X c. Multifamily X X X X X P(19) P(19) P(19) C C X 5. Family Day Care Homes a. Adult—up to six (6) P P P P P P P P P P X adults b. Family—up to P P P P P P P P P P X fourteen (14) children 6. Fraternity/Sorority Houses X X X X X C C C X X X (18) 7 Home Occupation P P P P P P P P P P X Business 8. Joint Living/Working X X X X X X X X C C C Quarters 9. Model Homes M M M M M M M M M M X 10. Mobilehome Park X X X X C C C C X C X 11. Residential Health Care X X X X X C C C C C C Facility 12. Residential Service/Care P P P P P P P P X X X Home 13. Second Units P P P P P P P P X X X P = Permitted, M = Minor Use Permit, C = Conditional Use Permit, X = Prohibited Numbers contained in parentheses refer to notes found at the end of the chapter * Rooming house regulations effective as of July 23, 2011 per Ordinance No. 09-9 **Rooming houses are not permitted in neighborhoods that are comprised predominantly of single family detached residential units. 2 3 Residential Use Types CO VSR BP IC I PE OS MHP SP 1. Rooming House* X X X X X X X X X 2. Caretaker's Residence (6) P P P P P P(18) P(17) P(16) (13) 3. Community Care Facility C X X X X X X C(16) (13) 4. Dwelling a. Single -Family X X X X X X P(14,17) P(16) (13) b. Two -Family X X X X X X X X (13) c. Multifamily X X X X X X X X (13) 5. Family Day Care Homes a. Adult—up to six (6) adults X X X X X X X P(16) (13) b. Family—up to fourteen X X X X X X X P(16) (13) (14) children 6. Fraternity/Sorority Houses (18) X X X X X C X X (13) 7. Home Occupation Business X X X X X P(18) P(17) P (13) 8. Joint Living/Working Quarters C X C C C X X X (13) 9. Model Homes X X X X X X X M (13) 10. Mobilehome Park X X X X X X X P(16) (13) 11. Residential Health Care X X C C X X X C(16) (13) Facility 12. Residential Service/Care Home X X X X X X X P(16) (13) 13. Second Units X X X X X X X X (13) * Rooming house regulations effective as of July 23, 2011 per Ordinance i io. 09� 9M SECTION 5. In order to ensure the orderly transition of any uses that may conflict with the provisions of this Ordinance and to provide sufficient time for property owners to come into conformity with the terms of this Ordinance, this Ordinance shall not take effect until two years after its final passage (the "Effective Date"). Municipal Code to the contrary, any use Notwithstanding in existence as any section of the Santa Clarita of the date of the adoption of this 3 Ordinance shall not be considered a legal non -conforming use as of the Effective Date of this Ordinance, but shall instead be deemed to be illegal and fully amortized as of the Effective Date of this Ordinance. SECTION 6. In order to comply with the requirements of the State of California Department of Housing and Community Development, the definition of "Family" in Section 17.07.010 of the Santa Clarita Municipal Code is amended to read as follows: "Family" shall mean one or more individuals living together as a single housekeeping unit in a single dwelling unit. Family shall also mean the persons living together in a licensed "residential facility" as that term is defined in California Health and Safety Code Section 1502(a)(1), which services six (6) or fewer persons, excluding staff. SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption, including the vote for and against the same, in accordance with Government Code § 36933. PASSED, APPROVED AND ADOPTED this 23rd day of June, 2009. ATTEST: CITY CLERK', 11 MAYOR 1 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 1, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 09-9 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of June, 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 23rd day of June, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Kellar, Weste, McLean, Ender, Ferry None None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 09-9 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 5 CITY CLERK ao09 Dated 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. 09-9, adopted by the City Council of the City of Santa Clarita, CA on June 23, 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 1