HomeMy WebLinkAbout2044RESOLUTION NO. 2044
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE TEXT AMENDMENT NO. 19-02, AND ADOPT AN URGENCY
ORDINANCE AMENDING VARIOUS SECTIONS OF THE ARCADIA
DEVELOPMENT CODE, ARTICLE IX OF THE MUNICIPAL CODE,
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THAT THE
ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to
provide for the creation and regulation of accessory dwelling units ("ADUs") and junior
accessory dwelling units ("JADUs"); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills ("New ADU Laws") that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws take effect January 1, 2020, and if the City's ADU
ordinance does not comply with the New ADU Laws, the City's ordinance becomes null
and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions of Government
Code sections 65852.2 and 65852.22; and
WHEREAS, failure to comply with Government Code sections 65852.2 and
65852.22 (as amended) as of January 1, 2020 renders the City's ordinance regulating
ADUs and JADUs null and void, thereby limiting the City to the application of the few
default standards provided in Government Code sections 65852.2 and 65852.22 for the
approval of ADUs and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural
review, among other things, would threaten the character of existing neighborhoods, and
negatively impact property values, personal privacy, and fire safety; and
WHEREAS, staff and the City Attorney prepared the proposed Text Amendment
No. 19-02 related to ADUs and JADUs, including the proposed language and terminology,
which is attached to this Resolution as Exhibit "A"; and
WHEREAS, on November 14, 2019, the City gave public notice of the public
hearing for the proposed amendment by publishing in a newspaper of general circulation
notice of a Planning Commission public hearing at which the ordinance would be
considered; and
WHEREAS, on November 26, 2019, the Planning Commission held a duly -noticed
public hearing and considered the staff report, recommendations by staff, and public
testimony concerning the proposed amendment; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
been fulfilled.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. Under California Public Resources Code section 21080.17. the
California Environmental Quality Act ("CEQA") does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
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Government Code, which is California's ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the proposed amendment and ordinance are
statutorily exempt from CEQA in that the proposed ordinance implements the State's ADU
law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA
Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA,
among other things, the construction and location of new, small structures and the
conversion of existing small structures from one use to another. Section 15303
specifically lists the construction of appurtenant accessory structures and garages as
examples of activity that expressly falls within this exemption. Here, the ordinance is
categorically exempt under the Class 3 exemption because the ordinance regulates the
conversion of existing structures into, and the new construction of, ADUs and JADUs,
which are, by definition, structures that are accessory to a primary dwelling on the lot.
Moreover, the City Council finds that none of the "exceptions" to the use of the Class 3
exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically,
the Planning Commission recommends the City Council find that the ordinance will:
1. Not result in the construction of ADUs or JADUs within a particularly
sensitive environment because these accessory structures will necessarily be built on a
lot already developed with a primary dwelling;
2. Not result in a potentially significant cumulative impact because accessory
dwelling units and junior accessory dwelling units are affirmatively permissible in
residential zones per state law. Further, single family homes are exempt from CEQA per
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Categorical Exemption and accessory dwelling units and junior accessory dwelling units
are allowable on all such lots per state law.
3. Not result in a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances due to the fact that generally
there are no unique circumstances present in Arcadia's residential zones, as all properties
subject to new accessory dwelling units or junior accessory dwelling units have been
previously developed with primary dwelling units on the same lot. Per CEQA, all primary
dwelling units and accessory structures are exempt;
4. Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway officially
designated as a state scenic highway in that there are no residential properties located
adjacent to a state scenic highway in the City of Arcadia, nor are there identified rock
outcroppings or similar resources that could be disturbed. In the case of protected trees
and historic buildings, the City has respective ordinances addressing both of these issues.
Any accessory dwelling unit or junior accessory dwelling unit that could potentially impact
either a protected tree or historic building would be subject to the required applications
and review processes already in place for such resources;
5. Not be located on a hazardous waste site included on any list compiled
pursuant to § 65962.5 of the Government Code and there is no property zoned for
residential development located on a hazardous waste site, or
6. Not result in a substantial adverse change in the significance of a historical
resource in that historic resources are subject to a review and permitting process separate
from regulations related to accessory dwelling units and junior accessory dwelling units.
If an accessory dwelling unit or junior accessory dwelling unit were to impact a historic
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resource, the project would be subject to the required application and review process
already in place for such resources.
SECTION 2. The Planning Commission finds, based on the entire record, and all
written and oral evidence presented, as follows:
1. The proposed amendment and ordinance are consistent with the City's
adopted General Plan and any applicable specific plan(s).
FACT: The proposed text amendment and ordinance will be consistent with the
General Plan as the purpose of the proposed ordinance is to comply with the amended
provisions of Government Code sections 65852.2 and 65852.22. Additionally, the
amendment and ordinance will continue to promote high quality design in buildings and
neighborhoods to the extent feasible. The ordinance has been written to reinforce this
goal and provide general standards for the development of accessory dwelling units and
junior accessory dwelling units throughout the City. The proposed ordinance does not
otherwise conflict with any of the General Plan's goals or policies.
2. For Development Code amendments only, the proposed amendment is
internally consistent with other applicable provisions of this Development Code.
FACT: The proposed text amendment includes codifying development
standards for accessory dwelling units and junior accessory dwelling units in compliance
with new state law. The amendment replaces existing language within the Development
Code that heretofore was compliant with state law. The new development standards and
regulations for accessory dwelling units and junior accessory dwelling units are
consistent with the remainder of the regulations for development and construction in
residential zones throughout the City.
G
SECTION 3. The Planning Commission hereby recommends that the City Council
adopt the attached proposed urgency ordinance (Attachment A) entitled: ORDINANCE
NO. 2369, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA APPROVING TEXT AMENDMENT NO. 19-02 AND AMENDING VARIOUS
SECTIONS OF DIVISIONS 2, 3, 7, AND 9 OF THE ARCADIA DEVELOPMENT CODE,
ARTICLE IX OF THE MUNICIPAL CODE, RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA).
SECTION 4. The proposed ordinance entitled: ORDINANCE NO. 2369, AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
APPROVING TEXT AMENDMENT NO. 19-02 AND AMENDING VARIOUS SECTIONS
OF DIVISIONS 2, 3, 7, AND 9 OF THE ARCADIA DEVELOPMENT CODE, ARTICLE IX
OF THE MUNICIPAL CODE, RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) is on
file and has been available for public review for at least ten days prior to the date of this
Resolution, in the Planning Division of the Development Services Department, at Arcadia
City Hall, 240 W. Huntington Drive, Arcadia, California.
SECTION 5. The Secretary shall certify as to the adoption of this Resolution.
(SIGNATURES ON NEXT PAGE)
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Passed, approved and adopted this 26th day of November, 2019.
r
Deborah Lewis
Chair, Planning Commission
ATTEST:
(A -
Lisa L. FI r s
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §:
CITY OF ARCADIA )
I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 2044 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at
a regular meeting of said Planning Commission held on the 26th day of November, 2019,
and that said Resolution was adopted by the following vote, to wit:
AYES: Chair Lewis, and Commissioners Lin, and Thompson
NOES: None
ABSENT: Vice Chair Wilander, and Commissioner Chan
GA
Lisa L. Flores
Secretary of the PI nning Commission
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EXHIBIT "A"
Text Amendments to the Development Code - ADUs