September 17, 2024
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Development Code Update - Introduction of Ordinance No. 24-13 ( PROJ24-0098)
RECOMMENDATION:
The Planning Commission recommends that the City Council:
1. DETERMINE that the Development Code Amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), Common Sense Exemption, of the CEQA Guidelines due to the minor nature of the changes to regulation and the absence of a development project; and,
2. INTRODUCE Ordinance No. 24-13, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA AMENDING MULTIPLE ARTICLES, CHAPTERS AND
SECTIONS OF TITLE 17 (DEVELOPMENT CODE) OF THE MUNICIPAL
CODE FOR ACCURACY AND CONSISTENCY, AND TO REFLECT LAND USE
GOALS & POLICIES OF THE GENERAL PLAN
BACKGROUND:
The City’s Development Code (Code) was adopted in December 2012, and has been amended multiple times, mostly to comply with changes to State law or to add specific provisions. The Code was comprehensively updated as part of the General Plan 2040 (Envision San Jacinto) project in 2022 and was most recently updated in 2023 to increase internal consistency within the Code and further the intent of the General Plan 2040. This proposed Amendment provides the opportunity to modify standards that have unnecessarily created challenges to the development community and property owners.
DISCUSSION:
Omnibus Amendments are rather common, occurring every one to two years as needed and are often designed to provide clarification to the Development Code, correct inconsistencies, codify interpretations made by the Director or Planning Commission, and provide better direction and guidance. This proposed omnibus amendment will further increase internal consistency within the Code and further the intent of the General Plan 2040. In addition, the update also includes minor revisions, technical clean-ups, reference corrections, clarification of specific provisions, correction of inconsistencies, etc.
Non-Substantive - Proposed Changes
The proposed update includes numerous amendments to the entire Development Code. These changes include updates to footers and headers, table of contents, and typographical errors. In addition, adoption dates, spelling, and other important information was corrected and updated throughout all articles of the code.
Article Changes – Specific Standards
The majority of the changes to the Development Code are proposed to Articles 2, 3, 4, 6, and 8.
The Planning Commission staff report provides additional details with the central changes for each Article described below:
• Article 2 - The main changes to Article 2 are within Table 2-2 – Allowed Uses and Requirements, Table 2-3 – Allowed Incidental Uses and Permit Requirements and Chapter
17.215- Residential Zones. The changes made to Table 2-2 include additions to the list of land uses, consolidation of similar land uses, and some modifications to the Permit Requirements for consistency.
• Article 2 - Chapter 17.215 – Residential Uses - The changes to Chapter 17.215 include the removal of impervious surface requirements and the inclusion of Lot Coverage standards in residential zones. This amendment will provide homeowners greater flexibility to improve their backyards as the current impervious surface requirement restricts the amount of impervious surfaces (patios, pools, walkways and accessory structures) that a property owner may have. This change does not impact standards in commercial, industrial and special purpose zones.
• Article 3 - The main changes to Article 3 have been made to Chapter 17.315 – Fences, Walls, and Hedges. This Chapter has been revised to expand the provisions for temporary fencing and will also include fence standards on vacant properties. Minor changes include updates to Table 3-5 Parking Requirements by Land Use for uses added as described in Article 2 above. • Article 4 - The main changes to Article 4 include revisions to Chapter 17.405 – Accessory Structures and Uses, which eliminated the 50 percent site coverage restriction previously mandated for the rear yard setback area. A minor update was also made to Section
17.405.060 – Accessory Dwelling Units (ADU)which introduces new language concerning parking requirements for ADU’s.
• Article 6 – The main change to Article 6 includes a change to the home occupation permits to allow for multiple home occupations on a property if the home-based business adhered to all other development standards listed under Home Occupation permits. • Article 8 - In addition to the above changes, definitions updates are proposed in Article 8 to align with changes made in Article 2. The changes included both additions and deletions of definitions, and the reorganization of other definitions that were not in the correct place.
PLANNING COMMISSION REVIEW AND RECOMMENDATION:
On August 27, 2024, the Planning Commission considered Planning Commission Resolution No. 24-01, which recommended that the City Council determine that the project is exempt from the California Environmental Quality Act (“CEQA”) and adopt Ordinance No. 24-13.
No members of the public spoke on the item during the public hearing. After conducting a duly noticed public hearing at a regularly scheduled Planning Commission meeting, the Planning Commission unanimously adopted Resolution No. 24-01 with a 5-0 vote, thereby recommending approval of the amendment.
ENVIRONMENTAL ANALYSIS:
The Planning Commission recommends that the City Council determine the project to be exempt pursuant to the “common sense” exemption (Section 15061(b)(3)) of the California Environmental Quality Act (CEQA). The project can be found exempt due to the minor nature of the changes to regulation and the absence of a development project. Therefore, it can be seen with certainty that there is no possibility for these actions to have a significant effect on the environment.
FISCAL IMPACT:
There is no impact on the General Fund for adopting this Ordinance.
ATTACHMENTS:
Planning Commission Staff Report 8-27-24
Planning Commission Resolution No. 24-01
Ordinance No. 24-13 - Development Code Update
Table of Contents (Redline Version)
Article 2 (Redlined Version)
Article 3 (Redlined Version)
Article 4 (Redlined Version)
Article 6 (Redlined Version)
Article 8 (Redlined Version)