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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 2 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 3 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 11 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) 0 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 0 EXHIBIT "A" Text Amendments to the Development Code - ADUs