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HomeMy WebLinkAboutPC Resolution 2022-0013APPROVED . PC RESOLUTION 2022-0013 AUG 2 2022 CITY OF ATASCADERO PLAN NG RESOLUTION OF THE PLANNING COMMISSION OF TH CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND TITLE 11: SUBDIVISIONS, FOR CONSISTENCY WITH ADU AND UDU REGULATIONS ZONING CODE UPDATE (ZCH21-0006) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Text Amendments to Title 11 to accommodate Senate Bill 9; and WHEREAS, the State of California has adopted Government Code Sections 65852.21 and 66411.7 which mandates that cities update and adopt standards and requirements related to urban dwelling units and urban subdivisions; and WHEREAS, the City recognizes opportunities to implement policies and programs of the Atascadero General Plan housing element providing for, and regulating, expanded housing opportunities for all persons within the community, and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Title 11, Subdivisions, of the Atascadero Municipal Code for consistency with the General Plan and new state laws related to urban subdivisions and to maintain a clear and legible set of Subdivision Regulations that is easily interpreted by the public and staff, and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject municipal code amendment was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said amendments; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, California makes the following findings, determinations and recommendations with respect to the proposed amendment: SECTION 1. Findings for Approval. The Planning Commission finds as follows: A. Findings for Subdivision Code Amendment: 1. FINDING: The amendments to Title 11 comply with all provisions of California Government Code Section 65913.2. FACT: The proposed code updates are consistent with the provisions and intentions of Government Code Section 65913.2 related to fair housing practices. 2. FINDING: The proposed amendments are not more restrictive than the regulations included in the Subdivision Map Act for subdivisions requiring a tentative and final map. FACT: The proposed amendments are consistent with newly adopted State law governing Urban Subdivisions and do not add restrictions above and beyond those specifically allowed by State law to ensue public health, safety, and welfare. 3. FINDING: Per Subdivision Map Act Section 66412.3, the amendments consider the housing needs of the region while balancing against the public service needs of residents and the available fiscal and environmental resources. FACT: The proposed amendments implement new State law (California Government code Section 66411.7: Urban Lot Splits) and include provisions the increase housing while maintaining public health and safety. Additional units not anticipated in the General Plan or City budget will impact City services and fiscal health, however, the newly adopted State law is recognized as an unfunded mandate. 4. FINDING: The amendments are consistent with State law and enacts Government Code Section 66411.7: Urban Lot Splits. FACT: The proposed amendments implement new State law (California Government code Section 66411.7: Urban Lot Splits) and include provisions the increase housing while maintaining public health and safety. SECTION 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on 8-2-22 resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would make amendments to Title 11 of the Atascadero Municipal Code, consistent with the following: EXHIBIT A: Municipal Code Updates: Title 11 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner Anderson, and seconded by Commissioner Schmidt, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Hughes, Keen (5) NOES: None ABSTAIN: Schmidt ABSENT: van den Eikhof ADOPTED: 8/2/2022 CITY OF ATASCADERO, CA Jeff a n Eikhof Planning Commission Chai e on Attest: Phil Dunsmore Planning Commission Secretary (0) (1) (1) EXHIBIT A 11-6.24 Minimum lot sizes. Minimum lot sizes shall be as established in the zoning ordinance for the underlying zoning district for which a subdivision or other action pursuant to this title is proposed, or as permitted as an urban subdivision consistent with Government Code 66411.7 and AMC 11-6.27. /Tha fnllnwinn carfinn is a naw addition fn fhP Municinal Cnrle) 11-6.27: Urban subdivisions — An urban subdivision, or urban lot split is the division of one single family zoned residential parcel into two lots, consistent with the Government Code 66411.7 and this code. (a) Ministerial Review Process. An urban lot split parcel map application will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this section and in accordance with the procedures set forth in Chapter 11-14 of this code. (b) Location Requirements. An urban lot split parcel map application must meet all the following location requirements: (1) The subject parcel must be located in an area zoned for single-family use, owned by an Individual Property Owner (as defined in Title 9, Chapter 18) and be within or partially within the Urbanized Area, as designated by the US Census Bureau. (2) The subject parcel must not be located in an area designated in Government Code sections 65913.4(a)(6)(B) through (K). This includes certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, and habitats for protected species. (3) The subject parcel must not be located within a historic district or property, as set forth in Government Code section 65852.21(a)(6). (c) Limitation on Demolition and Alterations. A proposed urban lot split must not involve demolition or alteration of: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (2) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (3) Housing that has been occupied by a tenant in the last three years. (d) Limitation on Parcels Withdrawn from Rental Market. A proposed urban lot split must not involve property withdrawn from rental market under GC §7060 and following, within 15 years before the date that the development proponent submits an application. (e) Development Standards. A proposed urban lot split must comply with the following development standards: (1) No more than two dwelling units may be developed on either resulting lot. Existing residential units, Accessory dwelling units (ADUs), and junior ADUs (JADUs) (ADU's and JADU's are defined in title 9, chapter 5) shall be included in the maximum number of units. (2) All UDUs must be consistent with the standards of Chapter 18 of Title 9. (3) All parcels proposing an urban lot split must comply with the following design standards: (i) Lot lines shall be at the top of slope banks. (ii) Side lot lines shall be perpendicular to the street on straight streets, or radial to the street on curved streets. (iii) Lots with a ratio of depth to width greater than 3:1 shall not be permitted. (iv) All new lots shall have a minimum primary frontage width of 40 -feet, unless approved as a flag lot subdivision. (v) Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is 80 feet or less, all units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway. (vi) Flag lot subdivisions may be approved subject to the following: A. The original lot shall have frontage on a dedicated street with a minimum width of at least 65 feet; B. The accessway to the rear shall be at least twenty (20) feet wide (developed to City standards), except where the accessway is more than one hundred fifty (150) feet long, it shall be at least twenty-four (24) feet wide with twenty (20) feet of pavement. C. The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it and a maintenance agreement shall be recorded with the final parcel map. D. A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot. (4) All parcels with average slopes of 30% or greater must identify an accessible building envelope of 15% or less for the resulting vacant parcel. (5) All utilities shall be separate for units residing on separate parcels. Multiple units on the same parcel may share utility connections unless prohibited by city code for residential uses. (6) One street tree per 30 -feet of primary frontage shall be installed. (f) Denial Based Upon Adverse Impacts. The City will deny a proposed urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) Any units constructed on a lot that was created by an urban lot split are subject to the standards and requirements of Chapter 18 including, but not limited to, prohibition of short-term rentals, size limitations, and owner occupancy. (h) Compliance with the Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this section. (i) Dedication and Frontage Improvements. A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map. All required frontage improvements shall be completed prior to or concurrently with a building permit for an urban dwelling unit on either resulting lot. (j) Fire Department & Utility Easements, an easement must be provided over the front parcel to the rear parcel for access to the public right of way, providing public services and facilities, maintenance of utilities, and (if required) fire department access. (k) Owner Occupancy. The applicant for an urban lot split must be an existing owner and occupant of the subject lot and must sign an affidavit stating that the applicant will occupy one of the housing units on site as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code. (1) Residential Use Requirement. All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code. (m) Non -Conforming Zoning Conditions. Nonconforming zoning conditions are not required to be made conforming before approving an application. (n) Prior Urban Lot Split. The parcel being subdivided may not have not been established through prior exercise of an urban lot split. In addition, neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel may have used the urban lot split process as provided for in this section. (o) Size Requirements. The urban lot split meets all of the following size requirements: (1) Both newly created parcels must be no smaller than 1,200 square feet; (2) Both newly created parcels must be of approximately equal lot area, which for purposes of this paragraph means that one parcel may not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (p) Deed Covenant Required. Prior to recordation of any final map for an Urban Lot Split, a covenant shall be recorded that provides notification as necessary to describe the limitations of this chapter including, but not limited to, the following: (1) Notification that the parcel is subject to standards required by Government Code 66411.7 and this code, which may include, but are not limited to, size of residence, design standards, rental requirements, etc. (2) No unit on either property may be used as a short-term rental unit (stays 30 -days or less). (q) Appeals. For the purposes of this chapter, decisions of the Community Development Director or Building Official to approve or deny an application may be appealed in compliance with section 9-1.111 of the Atascadero Municipal Code. (r) Conflict. If any section within this chapter conflicts with Government Code sections 65852.21 or 66411.7, then the Government Code sections will apply.