Agenda Item No. 23
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services Benjamin J. Matlock, City Planner A�--
Christian Farmer, Assistant PlannerCr
FOR: City Council Meeting of June 26, 2023
SUBJECT: City of Yucaipa (Case No. 23-078/DCA); Consideration of Ordinance No. 426, amending Division 4 of the Yucaipa Development Code to update regulations pertaining to accessory dwelling units to ensure compliance with State law (including AB 2221, AB 345, and SB 897) and the City's updated Housing Element. Among other things, the proposed Ordinance will update the pen -hitting requirements, development standards, and height restrictions for accessory dwelling units with further clarification of previous requirements RECOMMENDATION:
That the City Council conduct a public hearing, aiad consider the Planning Commission's recommendation to:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 426 amending Division 4 of the Yucaipa Development Code to update regulations pertaining to accessory dwelling units to ensure compliance with state law (including AB 2221, AB 345, and SB 897) and the City's Housing Element; and
2. Find that the Ordinance is exempt from Environmental Review pursuant to public Resources Code Section 21080.17 and CEQA Guidelines Section I S303(e).
BACKGROUND:
In September 2016, the California State Legislature passed AB 2299 and SB 1069, amending sections of the state law regulating second dwelling units, now known as Accessory Dwelling Units (ADU). The approved bills were subsequently signed into law by Governor Brown, with the enacted laws taking effect January 1, 2017. Under the new state law, local jurisdictions were required to revise their local zoning ordinances to conform to the new "accessory dwelling unit" law; in the meantime, any inconsistent existing local zoning regulations are preempted by state law, and more restrictive ordinances related to ADUs were invalidated. The enacted legislation had greatly expanded an owner or developer's ability to build an ADU on their property and simultaneously restricted a city's discretionary and regulatory authority over such development.
As a result of this new legislation, staff then initiated Planning Case No. 17-056 to address the referenced regulations and drafted Ordinance No. 359 to amend Division 3 and 4 of the Yucaipa 506
Development Code, as appropriate. At their regular meeting of June 26, 2017, the City Council approved Ordinance No. 359, which provided development standards for ADUs, consistent with state law.
In 2019, new State laws (AB 68, AB 881 and SB 13) were developed, and further amended Government Code Sections 65852.2 and 65852.22, and Health and Safety Code Section 17980.12, pertaining to local regulations for ADUs to further encourage the development of ADUs across the State. At the regular meeting of February 10, 2020, the Council approved Ordinance No. 385 to update the ADU Ordinance to be aligned with state law. Since the last update to the City's ADU Ordinance, AB 2221, AB 345, and SE 897 have been developed and further amend Government Code Sections 65852.2 and 65952.22 pertaining to local regulations for ADUs, and also have been designed to further encourage the development of ADUs across the state.
As part of the City's certified 6111 Cycle Housing Element, an update to the ADU Ordinance was identified to further clarify ADU requirements with these newly updated laws, and to also include additional streamline provisions to the ADU process as a means to address the Regional Housing Needs Assessment (RHNA) of the City. As a part of this effort, the provisions would encourage the development of ADUs that included amenities that are considered beneficial for these residents. For context, the City of Yucaipa requires that structures over 1,200 square feet, 20 feet tali, or of a unique design require approval by the Planning Commission through the Special Use Permit; ADUs are permitted to be 1,200 square feet in size, and any additional features such as a garage attached to the structure would then require Planning Commission approval. In response to this requirement, the Planning Commission recommended at their regular meeting of April 19, 2023, that a streamlined process be developed to allow for small garages and patios that are attached to these ADUs to be approved by staff rather than requiring the Planning Commission approval of a Special Use Permit.
Planning Commission Mearinu.
The proposed Development Code Amendment was reviewed at the regular Planning Commission Meeting of .Tune 7, 2023, and was recommended for approval. During the hearing, the Planning Commission discussed the updates required by state law as well as the benefits to encouraging additional amenities with newly created ADUs. The minutes are attached for Council's reference.
DISCUSSION:
The Ordinance is consistent with new California law standards and requirements for the development of ADUs, and includes the following:
Separate Conveyance of Certain ADUs: State law had generally required a local government to restrict the separate conveyance of ADUs, but allows for a carve out for qualifying units which are built under the following conditions: that the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, is sold to a qualified low- income buyer, provides an enforceable restriction that satisfies the requirements of the Revenue and Taxation Code and that the property is held in a recorded common agreement. 507
Unit Height: As part of the original ADU requirements, local governments were required to permit an ADU up to a maximum 16 feet in height. This requirement has now been amended to allow a maximum height requirement ranging from 16 to 25 feet based on the land use and location of the proposed ADU. Specifically, the updated laws allow the following: 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit, 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high -quality transit corridor, as those terms are defined in Section. 21155 of the Public Resources Code, 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, or a height of up to 25 feet for an attached ADU that is no taller than the primary residence. As noted previously, the City's Special Use Permit process applies to detached structures over 20 feet in height. These provisions have been and remain consistent with state law.
Multi -Family Requirements: Pursuant to state law, local agencies shall allow development of ADUs on multifamily parcels and is specially required to allow for two (2) detached ADUs. In addition, ADUs may be permitted within existing structures that are being converted from non - habitable space to allow at least one ADU and up to 25 percent of the existing or proposed multifamily units. To address compatibility requirements. The Ordinance includes updated language regarding the design of the existing; multi -family project to ensure ADU's are designed consistent with that development.
Streamlined Review of ADUs above 1,200 Square Feet: The City's Development Code currently requires a Special Use Permit approved by the Planning Commission for any detached structure over 1,200 square feet. As noted previously, ADUs are permitted to be up to 1,200 square feet, but the additional footprint for items such as a garage to serve the ADU would then trigger the Planning Commission review. However, as the 1,200 square foot ADU is permitted by right, the Planning Commission's discretion is limited only to the additional amenities. The Ordinance therefore proposes a streamlined review for a 1,200 square foot ADU that includes up to 400 square feet of garage space and up to 250 square feet of non -habitable patio space. This approach is intended to encourage the development of ADUs that also provide parking for those units and opportunities for enhanced elevations with the porch. However, a limit is still provided to require Planning Commission review of excessively large structures consistent with the goals initially intended by the Special Use Permit process.
E►xvironnienfa! Review
The adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which provides that CEQA "does not apply to the adoption of an ordinance by a city or county to implement the provisions of Sections 65852.1 or 65852.2 of the Government Code." This ordinance is adopted to implement changes in Government Code Section 65852.2, and thus is exempt from CEQA's environmental review requirements, Further, the proposed amendment is exempt from the requirement for environmental review under CEQA because the ADU regulation provisions promulgated through the proposed Code already took effect on January 1, 2022 and 2023 by virtue of the State's adoption of new statutes that preempt any inconsistent local ordinance, thus, the City's action is not creating a new land use regulation and it can be seen with certainty that no environmental impacts will result from the City's action. Instead, the City's action is to create an ADU ordinance that matches the new requirements of state law and provides City -specific provisions, 1:
where applicable, that does not exceed the requirements of state law. In addition, the construction of the ADUs with an attached garage or patio cover would be exempt pursuant to CEQA Guidelines Section 15303(e).
FISCAL IMPACT:
There is no fiscal impact beyond the adopted budget.
CONCLUSION:
The required findings for approval of the Development Code Amendment have been made and are attached.
Attachments: 1. Findings for Development Code Amendment
2. Ordinance No. 426
3. Planning Commission Minutes from June 7, 2023
Approved by:
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ATTACHMENT 1
FINDINGS: DEVELOPMENT CODE AMENDMENT NO.23-078
1. The proposed Development Code Amendment is consistent with the General Plan and its policies and objectives because its implementation will enhance the public's health, safety, and general welfare, and has been developed to meet the requirements of state law. 510
ATTACHMENT 2
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ORDINANCE NO.426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA AMENDING THE YUCAIPA MUNICIPAL CODE
REGARDING ACCESSORY USES TO BE IN COMPLIANCE WITH
STATE LAW UPDATES AND TO STREAMLINE THE REVIEW OF
ATTACHED PARKING AND ARCHITECTURAL ADDITIONS FOR
ACCESSORY DWELLING UNITS AND FINDING THE AMENDMENTS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings
A. Effective January 1, 2022 and January 1, 2023 respectively, Assembly Bill 345 (AB 345) and Assembly Bill 2221 ("AB 2221"') amend Government Code Section 65852.2 to further limit the standards cities may impose on accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"). To comply with State law, the City must update its Iocal ordinance regulating ADUs.
B. At the direction of the City's Planning Commission at the regular Planning Commission Meeting of April 19`", 2023, and in accordance with the City of Yucaipa Housing Element, staff has been directed to streamline the review of accessory dwelling units (ADUs) which have a footprint of over 1,200 square feet in order to accommodate enclosed parking and non -habitable architectural additions.
C. The Planning Commission considered this Ordinance on June 7, 2023, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.
D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission voted to recommend approval of the Ordinance by the City Council.
E. The City Council, at a regular meeting, considered the Ordinance on .tune 26"', 2023, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter.
F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
G. In approving the proposed Municipal Code amendments, the City Council hereby finds that the Ordinance is consistent with the goals, policies, programs, and guidelines of the General Plan, including the Housing Element, as follows:
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a. CDL-1.1 Places to Live. Provide sites for a range of housing types, locations, and densities in a variety of neighborhood settings equipped with amenities that support a high quality of life.
b. HN-2.1 Balanced Housing Stock. Designate adequate land for a broad range of types of housing, including single-family attached and detached, multiple -family housing, and mixed uses located in accordance with the land use and community design element.
C. HN-2.8 Accessory Dwellings. Facilitate the development of well -designed accessory dwelling units that can expand rental housing opportunities for individuals and families seeking affordable housing.
d. HN-3.1 Design Features. Require new and rehabilitated residential units to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and environmentally sustainable practices.
e. HN-3.2 Entitlement Process. Offer flexible entitlement processes that facilitate irmovative and imaginative housing solutions, yet balance the developer's need for predictability in the approval process, governmental regulation, and oversight. f. HN-3.3 Housing Incentives. Facilitate the development of market rate and affordable housing through regulatory incentives (e.g., density bonus), permit processing (e.g., planned development), and other incentives, where feasible and appropriate.
g. HN-5A Family Housing. Facilitate and encourage the development of a range in types and affordability of family housing and the provision of supportive services to improve the long-term wellbeing of Yucaipa's families and children. h. HN-5,6 Fair Housing. Promote equal and fair housing opportunities for residents of all types, ages, and income levels to ensure adequate choices to reside in the housing best suited to their individual needs.
Section 2. Municipal Code Amendments. Section 84.0510 (Uses Accessory to Primary Residential) of Chapter 5 (Accessory Uses) of Division 4 (Land Uses) of the Yucaipa Development Code is hereby amended in its entirety to read as follows:
"84.0510 Uses Accessory to Primary Residential.
(f) Special Use Permits shall be required for the following uses:
(1) Exotic animals.
(2) Private kennels.
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(3) Dependent housing.
(4) Newly constructed detached carports and/or garages over 1,200 sq. ft. in area, or over 20 ft. in height, or of an unconventional design (commercial or industrial). (5) Newly constructed accessory structures, barns, workshops and/or guest housing over 1,200 sq. ft. in area, or over 20 ft. in height, or of an unconventional design (commercial or industrial).
(6) Any newly constructed, detached Additional Dwelling Unit, defined by Development Code Section 84.0570, that exceeds a total footprint of 1,850 square feet; including, no more than 1,200 square feet of habitable space, no more than 400 feet of non -habitable garage space and no more than 250 square feet of non -habitable architectural additions, such as patio covers and less than twenty feet in height shall not be subject to the Special Use Permit. Structures that exceed this footprint and size are subject to the Special Use Permit requirement."
Section 3. Municipal Code Amendments. Section 84.0570 (Accessory Dwelling Units) of Chapter 5 (Accessory Uses) of Division 4 (Land Uses) of the Yucaipa Development Code is hereby amended in its entirety to read as follows:
"84.0570 Accessory Dwelling Units
(a) Purpose
The purpose of these provisions is to establish procedures for permitting an accessory dwelling unit on lots zoned for residential uses; to implement state law requiring consideration for such uses; and to protect and preserve existing neighborhoods by ensuring comprehensive established standards, (b) Definitions
The following definitions apply to this section only:
ACCESSORY TOWELLING UNIT or ADU means an additional attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the primary residence is located. The term "ADU" also includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007.
JUNIOR ACCESSORY DWELLING UNIT or JADU means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
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PRIMARY DWELLING UNIT means the existing or proposed single-family residence that is located on the lot where the accessory dwelling unit will be constructed or converted.
MULTIFAMILY UNIT means a structure with two or more attached dwellings on a single lot. Multiple detached single -unit dwellings on the same lot are not considered multifamily dwellings for the purposes of this section. (c) Accessory Dwelling Unit Requirements
(1) Application Procedure
(A) Where an ADU or JADU permit application is submitted with an application for a single-family dwelling or multi -family dwelling that is subject to discretionary review under the Development Code, the ADU or JADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project that is subject to discretionary review.
(B) Except as provided in subsection (C), an applicant must submit an application for Land Use Compliance Review. Any ADU that meets the standards in subsections (2) through (12) herein shall be approved by the Community Development Director or designee within 60 days from the date the City receives a completed application if there is an existing single-family dwelling on the lot, or as otherwise required by Government Code Section 65852.2, as that section may be amended from time to time. In addition to obtaining affirmative approval through Land Use Compliance Review, the applicant shall be required to obtain a building permit and any other applicable construction permits prior to the construction of the ADU. (C) An applicant shall not be required to submit an application for Land Use Compliance Review and may instead seek building permit approval for an ADU or JADU that satisfies the requirements of. (1) the California Building Standards Code, as amended by the City, and (ii) Government Code Section 65852.2(e)(1), as the same may be amended from time to time. This type of ADU or JADU does not need to comply with the requirements of subsections (2) through (12) herein. An ADU or JADU approved by this "building permit only" process shall be rented only for terms of 31 days or longer. The property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the ADU or JADU is to be rented only for terms of 31 days or longer, unless State law and the City's Municipal Code are both amended to allow short-term rentals; and (ii) the ADU or JADU is not to be sold or conveyed separately from the Primary Dwelling Unit, except for those ADUs which meet the requirements provided by Government Code Section 65852.26. Proof of recordation of the covenant shall be provided to the City before the final building permit may be issued for the ADU or JADU. In
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accordance with the standards set forth in Government Code section 65852,22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards, in which case State law standards will govern:
(I) A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU,
(II) A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling.
(111) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
(IV) A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling, (V) A JADU shall include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.
(VI) No additional parking shall be required for a JADU. (VII) Unless State law is amended, the JADU or single family residence shall be occupied by the owner of record.
(2) Local ADU Standards
An ADU may only be permitted en lots within a Fesidential pening dis on a lot that allows for residential uses on which there is one an existing or proposed �dweIling unit ' , as defined in Section 812.04158
of the Development Code. Only one ADU shall be permitted on any one lot with single family development. ADUs on lots that include multifamily units may include two (2) detached ADUs, and if converting from existing non -habitable space, may include at least one ADU and up to 25 percent of the existing or proposed multifamily units. ADUs approved in conformance with this Chapter do not exceed the allowable density for the lot upon which the ADU is located and shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot. The ADU shall provide complete and independent living facilities. Except as otherwise provided in this section, the lot upon which the ADU is to be established shall conform to all general development standards of the land use district in which it is located, except where the application of the regulations would not permit construction of an 800 square foot ADU that is 16 feet in with four -foot side and rear yard setbacks and which meet at least one of the following height requirements: 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit, 18 feet for a detached accessory dwelling unit on a lot with an
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existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, or a height of 25 feet for an accessory dwelling unit that is attached to a primary dwelling and is no taller than the attached unit. The permitting of any ADU shall be subject to applicable Development Impact Fees, as allowed by Government Code Section 65852.2, as that section may be amended from time to time. (3) Size Restrictions
The ADU may be either an attached or detached unit. If the ADU is an attached unit, the ADU shall not exceed fifty (50) percent of the area of the primary dwelling unit or one thousand two hundred (1,200) square feet, whichever is smaller with a minimum allowance for an 800 square foot A,l]U, If the ADU is a newly constructed, detached unit, the unit shall not exceed 1,200 square feet of habitable square footage. An ADU may exceed 1,200 square feet to provide enclosed parking consisting of no more than 400 square feet or to provide additional non -habitable architectural features, such as a patio covet', of no more than 250 square feet without the requirement of a Special Use Permit review. No ADU shall be smaller in size than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code.
(4) Dental and Transfer
The ADU may be rented, subject to the limitations on short term rentals, but shall not be sold, transferred or assigned separately from the primary dwelling unit with the exception of these which meet the requirements provided by Government Code Section 65852.26, The ADU shall not be used for rentals of less than thirty- one (31) consecutive days.
(5) Covenant Required
Within thirty (30) days of the issuance of a Land Use Compliance Review or a building permit for an ADU pursuant to this section, the owner of record shall record a covenant, in a form satisfactory to the City Attorney, which shall place future buyers on notice of the maximum size of the ADU as set forth in this subsection (c), the required amount of off-street parking to be provided for the ADU, that the ADU may not be sold, transferred or assigned separately from the primary dwelling unit (except for those which meet the requirements of Government Code 65852.26 (a)), that the ADU may not be used for short term rentals for less than thirty-one (31) consecutive days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the County of San Bernardino, and a copy of the covenant shall be filed with the office of the City Clerk.
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(b) Setbacks
No setback shall be required for an ADU that is constructed within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. ADU's shall meet all required front and street side setbacks, except those which are exempt pursuant to the requirements provided by Government Code Section 65852.2(c)(2)(C).
(7) Utilities
The ADU shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling unit and need not be a separate set of services. Approval must be obtained from the City's Building and Safety Department and the County of San Bernarrdino's Environmental Health Department when an ADU will be using a septic system rather than connecting to the public sewer system.
(8) Parking Requirement
(A) One independent off-street parking space shall be provided, in addition to the parking spaces required for the primary dwelling unit, for an ADU. (B) The parking space(s) shall comply with all development standards set forth in Chapter b of Division 7 of the Development Code, except that the parking space(s) for the ADU may be located in setback areas or through tandem parking.
(C) Notwithstanding the foregoing requirements, no additional parking space is required for an ADU that satisfies any of the following conditions:
(1) It is located within one-half mile walking distance of public transit;
(I1) It is located within an architecturally and historically significant historic district;
(1II) It is part of the proposed or existing primary residence or an existing accessory structure;
(IV) It is located in an area where on -street parking permits are required but not offered to the ADU occupant; or
(V) It is located within one block of a car share vehicle pick-up or drop-off location.
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(9) Design
The ADU shall match the design of the existing or proposed unit(s) in terms of landscaping, color, building materials, and exterior treatment, and any applicable City-wide design guidelines. Any detached ADU shall be located behinA the primary dwelling unit such that the ADU shall not extend beyond the primary This includes the roof pitch,
window trim elements, and architectural detailing, such as knee braces, that are found on the front favade of the primary residence. A paved pathway connecting the primary street to the front door of the accessory dwelling unit shall he provided.
(10) Historic Resources
Any ADU that has the potential to adversely impact any historical resource listed on the National Register or the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR
68.3, as amended from time to time. However, these standards shall be sufficiently objective to allow ministerial review of an ADU. (11) Fire Sprinklers
ADUs are required to provide fire sprinklers only if they are required for the Primary Dwelling Unit.
(12) Building Standards
ADUs shall comply with the California Building Standards Code, as amended by the City."
Section 4. CEQA
The City Council finds and determines that the amendments set forth herein are exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("CEQA") and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this Ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Section 15282(h). To the extent that any provision of this Ordinance is not exempt pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
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Section 5. Submittal of Ordinance
The Community Development Director, or his designee, shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption, of this Ordinance.
Section 6. Internal Consistency
Any provisions of the Municipal Code, or any other resolution or ordinance of the City, to the extent that they are inconsistent with this Ordinance are hereby repealed, and the City Clerk shall make any necessary changes to the Municipal Code for internal consistency.
Section 7. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section S. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage. ll
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Section 9. Publication and Posting.
The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the 'Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance number 426 amending Chapter 5 (Accessory Uses) of Division 4 (Land Uses) of the Yucaipa Development Code, to update regulations pertaining to accessory dwelling units (ADUs) to ensure compliance with state law (including AB 2221 and AB 345) and amending Chapter 5 (Accessory Uses) and Chapter 6 (Special Uses) of the Yucaipa Development Code to streamline the review of detached ADUs which include attached parking and patio cover additions in accordance with the City's Housing Element." PASSED, APPROVED and ADOPTED this day of , 2023.
ATTEST:
Justin Beaver, Mayor
APPROVED AS TO FORM
Ana V. Sauseda, CMC Steven Graham, City Attorney
Director of General Services/City Clerk
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ATTACHMENT 3
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Agenda Item No.
City of Yucaipa
PLANNING COMMISSION MINUTES
Regular Meeting of June 7, 2023
A Regular meeting of the Planning Commission of the City of Yucaipa, California was called to order in the Council Chambers, 34272 Yucaipa Boulevard, Yucaipa, on ,tune 7, 2023, at 6.30 PM.
PRESENT: J.R. Allgower, Chair
Richard Beek, Commissioner
Donna Snodgrass, Commissioner
Lyle Vick, Commissioner
ABSENT: Tony Hicks, Vice Chair
Stacey Chester, Commissioner
David Higginson, Commissioner
CITY STAFF: Benjamin Matlock, Planning Manager/City Planner Katrina Kunkle, Assistant City Engineer
Michael Reiter, Assistant City Attorney
Madeline Jordan, Associate Planner
Christian Farmer, Assistant Planner
Maria Koolhoven, Planning Commission Assistant
CONVENE PLANNING COMMISSION
The meeting was called to order at 6:33 p.m., with the Pledge of Allegiance led by Commissioner Lyle Vick.
ROLL CALL
PUBLIC. COMMENT: No public comments on items not on the agenda.
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial. The Planning Commission will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.
The title is deemed to be read, and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.
Planning Commission Minutes Page 1
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1. SUBJECT: Approve Item No. 1, Planning Commission Minutes of May 3, 2023.
ACTION: MOTION BY Commissioner Snodgrass, SECOND BY Commissioner Vick, CARRIED, 4-0-3-0, TO APPROVE CONSENT AGENDA ITEM NO. 1.
NEW BUSINESS:
2. SUBJECT: FX Signs Inc. (Case No. 23-061/LUCRISIGN): A Land Use Compliance Review for an architectural review of a proposed 4-foot tall and 24.91 square foot illuminated monument sign to advertise a new car wash facility previously approved as Case No. 17-103/CUP/ARC at 34142 County Line Rd; APN: 0318-235-40, -41.
RECOMMENDATION:
That the Planning Commission review, and if appropriate; A) Approve Land Use Compliance Review No. 23-051, subject to the Conditions of Approval as contained in this Agenda Report; and
B) Find that the Project is exempt from CEQA pursuant to Section 15311 of the State CEQA Guidelines.
DISCUSSION:
Associate Planner Madeline Jordan provided a brief presentation.
ACTION: MOTION BY Commissioner Vick, SECOND BY Commissioner Beek, CARRIED, 4-0-3-0, TO APPROVE CONSENT AGENDA ITEM NO. 2.
PUBLIC HEARINGS:_ The order of Business for the Public Hearing Shall Be:
A. Disclosure of Ex Parte Disclosure
B. Staff Presentation
C. Applicant/Representative Presentation
D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Commission Discussion
Planning Commission Minutes Page 2
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I SUBJECT: Hai Hays Construction (Case No. 21-013/GPA/CUP/VAR): A Minor General Plan Amendment to change the land use designation of a "landlocked" parcel from the City's RM-IOM (Multiple Residential) Land Use District to CS (Service Commercial), two (2) Variance requests for the reduction of the rear yard setback and reduction in minimal required landscaping and a Conditional Use Permit to permit a phased expansion of a 5.19-acre construction storage and mechanized equipment repair yard, which will include additional covered storage areas, an equipment and truck repair building, and a future office/antique truck museum located at 32384 Dunlap Blvd (APN: 0301-164-63), 32370 Dunlap Blvd (APN: 0301-164-65), 32360 Dunlap Blvd (APN: 0301- 164-72), 32342 Dunlap Blvd (APN: 0301-164-57) and 32354 Dunlap Blvd (APN: 0301-164-36).
That the Planning Commission conduct a public hearing, and recommend that the City Council:
A) Approve the Conditional Use Permit (Case No. 21-013/GPA), two Variance requests subject to the Conditions of Approval as contained in this Agenda Report; and B) Adopt Resolution No. 2023-18, approving a Minor General Plan Amendment of a landlocked parcel from RM-10M (Multiple Residential) Land Use District to CS (Service Commercial) designation; and
C) Approve first reading, by the title only, as read by staff, of Ordinance No. 427, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
D) .Adopt the Conditional Use Permit Findings as contained in this Agenda Report; and E) Adopt the General Plan Amendment Findings as contained in this Agenda Report; and F) Adopt the Variance Findings as contained in this Agenda Report; and G) Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, finding the mitigation treasures and standard measures and procedures will reduce the potential level of environmental impact to less than significant; and, H) Direct staff to file a Notice of Determination.
DISCUSSION:
Planning Manager/City Planner Benjamin Matlock presented the Agenda Report.
The applicant's representative, Jasmin Hancock, noted that she agrees with all the conditions noted in the presentation and she is also available to answer any questions.
Commissioner Vick requested that the property owner start cleaning up the area and addressing the landscape in the front yard. Ms. Hancock agreed with Commissioner Vick's request, and she additionally noted that it will have nice curb appeal once the updates are done.
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Public Comments: No comments received.
ACTION: MOTION BY Commissioner Beck, SECOND BY Commissioner Vick, CARRIED, 4-0-3-0, TO APPROVE AGENDA ITEM NO.3.
4. SUBJECT: City of Yucaipa (Case No. 21-1131DCA): Consideration of a Development Code Amendment (Ordinance No. 401), amending Division 7, Chapter 7 of the Development Code to replace regulations requiring the biennial renewal of commercial signage with a one-time sign registration with additional provisions to remove the requirement for a separate entitlement to be processed for freestanding signs which are reviewed concurrently with an application that includes architectural review.
That the Planning Commission conduct a public hearing, and recommend that the City Council:
A) Approve first reading, by title only, as read by staff, of Ordinance No. 401, amending Development Code Section 87.0705 of Chapter 7 of Division 7 of the Development Code to replace regulations requiring the biennial renewal of commercial signs with a one-time sign registration without the need for a Sign Registration Decal and further remove the requirement for a separate entitlement for a freestanding sign that is reviewed concurrently with another project subject to architectural review; and B) Find that the Ordinance is exempt from Environmental Review pursuant to Public Resources Code Section 15061(b)(3), Section 15303 (Consists of Small Structures) and Section 1531 l (a) (Accessory Structures).
DISCUSSION:
Assistant Planner Christian Farmer presented the Agenda Report.
Commissioner Vick asked if there would be any fiscal impact due to the registration. Planning Manager/City Planner Benjamin Matlock noted that the fee had been previously modified in the city-wide user fee for this process.
Commissioner Snodgrass asked staff what the current fee is at this time. Assistant Planner Christian Farmer noted that the sign registration fee is $129.00, and the Land Use Compliance Review for Signage is $1,528,00.
Public Comments: No comments received.
ACTION: MOTION BY Commissioner Vick, SECOND BY Commissioner Beck, CARRIED, 4-0-3-0, TO APPROVE AGENDA ITEM NO, 4.
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5. SUBJECT: Robert and Randi Hawkins (Case No. 22-181/SUP/ARC): A Special Use Permit for the Architectural Review of a 27-foot-tall and 2,510 square foot garage/workshop that has been designed to match the existing home on a single -residential property located at 35886 Oak Glen Road; APN: 0321-071-39.
RECOMMENDATION:
That the Planning Commission conduct a public hearing, and:
A) Review the architectural design of the proposed oversized structure, and if it is acceptable, approve the design subject to the Conditions of Approval; and B) Adopt the Special Use Permit Findings as contained in the Agenda Report; and C) Adopt a Categorical Exemption pursuant to the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended, Section 15303 (Class 3); and, D) Direct staff to file a Notice of Exemption.
DISCUSSION:
Assistant Planner Christian Farmer presented the Agenda Report.
Commissioner Snodgrass noted that it is a beautiful project and Commissioner Vick agreed.
Public Comments: No comments received.
,ACTION: MOTION BY Commissioner Snodgrass, SECOND BY Commissioner Vick, CARRIED, 4-0-3-0, TO APPROVE AGENDA ITEM NO. 5.
6. SUBJECT: City of Yucaipa (Case No. 23-022/GPA/CUP/VAR): A minor General Plan Amendment to change the land use designation of an approximately 1.5-acre portion of a property from the City's Institutional (IN) Land Use District to the City's General Commercial (CGr) Land Use District. The site is currently improved with the City's Business Incubator Office building, located at 34282 Yucaipa Boulevard; Portions of Assessor Parcel Number (APN): 0303-131-05 & 0303-131-63.
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That the Planning Commission conduct a public hearing, and recommend that the City Council:
A) Adopt Resolution No. 2023-19, approving the minor General Plan Amendment / Land Use District Change to change the Land Use Designation of approximately 1.5 acres (the existing Incubator Center) to have a designation as General Commercial (CG); and Planning Commission Minutes Page 5
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B) Approve first reading, by the title only, as read by staff, of Ordinance No. 428, amending Ordinance No. 343, amending the Official band Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
C) Adopt the Findings as contained in this Agenda Report; and D) Find that the Project is exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "CEQA Guidelines"); and, E) Direct staff to file a Notice of Exemption.
DISCUSSION:
Planning Manager / City Planner Benjamin Matlock presented the Agenda Report.
Public Comments: No comments received.
ACTION; MOTION BY Commissioner Beck, SECOND BY Commissioner Vick, CARRIED, 4-0-3-0, TO APPROVE AGENDA ITEM NO.6.
7. SUBJECT: La Quin.ta (Case No. 23-031/MJV): A Major Variance for an increase in the attached building sign requirement to permit two (2) signs which total 360 square feet in lieu of a total of 200 square feet to provide visibility for travelers along the I-10 Freeway and to be in line with the La Quinta corporate design requirements.
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That the Planning Commission conduct a public hearing and if appropriate:
A) Approve- Major Variance No. 23-031, subject to the Conditions of Approval as contained in this Agenda Report; and
B) Adopt the Major Variance Findings as contained in the Agenda Report; and C) Find that the Project is exempt from CEQA pursuant to Section 15311 & 15305 of the State CEQA Guidelines, and,
D) Direct staff to file a Notice of Exemption.
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DISCUSSION:
The Planning Commissioners noted they had no ex parte communications to disclose.
Assistant Planner Christian Farmer presented the Agenda Report.
The applicant's representative, Scott Mann, thanked the Commissioners and he is excited to open the hotel soon. Scott Mann noted that the sizing of the sign is a corporate standard from La Quinta Hotels and provides freeway visibility.
Commissioner Vick asked Mr. Mann if he could provide any customer acquisition information based on, walk-ins. Mr. Mann noted that he did not have that information, but that the hotel's management company might be able to provide that.
PUBLIC COMMENT: One public speaker slip was received.
Kristine Mohler — Fawn Ridge Place - She noted that the sign is beautiful, however a major variance is still a major variance. She stated that the Commission is setting a precedence when major variances are given away, and that there are too many signs on Oak Glen Road at this time.
The Public Hearina was then closed.
Chair J.R. Allgower noted that the City tries to be business friendly, and that signage is important for businesses.
Commissioner Snodgrass asked how long ago the sign had been installed and if the builder knew of the sign parameters. It was determined that the sign was installed about a month and a half ago.
Assistant Planner Christian Farmer stated that sign permits are a separate submittal, and at that point, the applicant was informed that the sign was too large. Planning Manager/City Planner Benjamin Matlock informed the Commissioners that the sign registration is not part of the architectural review package and typically donne by separate contractors from the overall project, Mr. Matlock stated that the content of the sign itself is not anything the Planning Commission would have authority over.
ACTION #1: MOTION TO APPROVE BY Commissioner Snodgrass, SECOND BY Chair Allgower, NOT CARRIED, 2-2-3-0, FOR AGENDA ITEM NO.7.
ACTION #2: MOTION TO CONTINUE THE ITEM TO ANOTHER DATE IN ORDER FOR ADDITIONAL INFORMATION TO BE PROVIDED BY Commissioner Vick, SECOND BY Chair ,Allgower, CARRIED, 3-1-3-0, TO MOVE AGENDA ITEM NO.7.
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8. SUBJECT: City of Yucaipa (Case No. 23-078/DCA); Consideration of Ordinance No, 426, amending Division 4 of the Yucaipa Development Code to update regulations pertaining to accessory dwelling units to ensure compliance with State law (including AB 2221, AB 345, and SB 897) and the City's updated Housing Element. Among other things, the proposed Ordinance will update the permitting requirements, development standards, and height restrictions for accessory dwelling units with further clarification of previous requirements.
RECOMMENDATION:
That the Planning Commission conduct a public hearing, and recommend that the City Council:
A) Approve first reading, by title only, as read by staff, of Ordinance No. 426 amending Division 4 of the 'Yucaipa Development Code to update regulations pertaining to accessory dwelling units to ensure compliance with state law (including AB 2221, AB 345, and SB 897) and the City's Housing Element; and
B) Find that the Ordinance is exempt from Environmental Review pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15303(e).
DISCUSSION:
Assistant Planner Christian Farmer presented the Agenda Report.
Commissioner Snodgrass noted questions about ADU's allowed on a multi -family property. Planning Manager/City Planner Benjamin Matlock noted that the multi -family standards will likely be a future clean up item in the State Legislature, as there are several unclear elements.
PUBLIC COMMENT: One public speaker slip was received.
I. Hansen Wang —Quartz Street— He noted concerns about the size the units could go up to.
Commissioner Vick asked for clarification on square footage. Planning Manager/City Planner Benjamin Matlock informed the Commission that the 1,200 square foot requirement is set by state law. City staff set the threshold for an attached garage and patio to be within reason.
The Public Hearing was then closed.
ACTION: MOTION BY Commissioner Snodgrass, SECOND BY Commissioner Vick, CARRIED, 4-0-3-0, TO APPROVE AGENDA ITEM NO. S.
ANNOUNCEMENTS: Planning Manager/City Planner Benjamin Matlock stated the next Planning Commission Meeting will likely be on June 28th, 2023
ADJOURNMENT:
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The meeting adjourned at 7:51 PM.
Benjamin Matlock JR AIlgower
Planning Manager/City Plattner Chair of the Planning Commission Planning Commission Minutes Page 9
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