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Home My WebLink About12. Adopt Interim Urgency Ord re-Moratorium on Subdividing Lrg Single Family Residential LotslMi FROM: OFFICE OF r• E. SCHINDLER,DIRECTOR OF COMMUNITYDEVELOPM DATE- i13,2018 That the City Council adopt by a 4/5th vote the following titled interim urgency ordinance: AN INTERIM URGENCY ORDINANCE OF • OF OF DOWNEY ESTABLISHING A TEMPORARY• • ON SUBDIVIDING LARGE .,. (20,000 SQUARE THE R-1 ZONE A majority of the City is dedicated for single-family residential uses. This includes approximately 51 % of the net acreage and 83% of the total parcels within the City being zoned R-1. The size of residentially developed lots in the R-1 zone range from 2,043 square feet, up to 5.27 acres. In recent years the City has received numerous requests to divide the larger single-family residential lots (lots that are over 20,000 square feet) into multiple parcels. Due the size of these lots and the minimum zoning requirements, these subdivisions can easily subdivide one parcel into three or more lots. On October 24, 2017, the City Council adopted Ordinance No. 17-1385, which placed a 45 -day moratorium on subdividing all parcels within the R-1 zone. The concern at the time was that dividing parcels in the R-1 zone would have a negative impact on the appearance of neighborhoods,increase densities, and create additionalThe temporary moratorium was not extended by the City Council beyond the initial 45 -day period. - State law prohibits th- City from• • c a moratoriumfor - same causes, the City can reconsiderestablishing . moratorium due to previously unconsidered MORATORIUM ON RESIDENTIAL SUBDIVISIONS NOVEMBER 13, 2018 PAGE 2 Staff is concerned how subdividing large single-family residential parcels will impact the City's utility infrastructure. Specifically, the additional units on each lot could result in a significant increase in demand, and place an undue burden on the existing infrastructure system. Furthermore, due to the City being relatively flat, there is an additional concern that the increase in impervious areas created by adding more units can create localized flooding. Instituting the temporary moratorium will allow the City time to analyze the issue and determine the appropriate action needed. The proposed moratorium would only apply to the larger lots (20,000 square feet or larger) in the R-1 zone. Staff is most concerned about these parcels since they could be divided to accommodate two or more additional homes. As proposed, the moratorium would prevent the City from approving a Tentative Parcel Map, Tentative Tract Map, or other subdivisionthatwould subdivide the property. Finally, the proposed moratorium will not apply to any map that will combine multiple parcels into a single Jot, any parcel that is less than 20,000 square feet, or any development that is not within the R-1 zone. The urgency ordinance requires approval by a 4/5t" vote; however, will go into effect immediately. If adopted, the moratorium will be valid for 45 days, which can be extended through a public hearing for an additional ten months and 15 days (one year maximum). Pursuant to Government Code 65858, staff will return to the City Council within 45 days to report the progress made on implementing the new regulations. This progress report and any requested extension to the moratorium will be conducted through a duly noticed public hearing. Ultimately, any proposed change in the Municipal Code will require public hearings before the Planning Commission and the City Council Public Engagement Quality of Life, Neighborhood & Infrastructure There is no fiscal impact associated with this report.. ATTACHMENTS Attachment A: Interim Urgency Ordinance AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TEMPORARY MORATORIUM ON SUBDIVIDING LARGE PARCELS (20,000 SQUARE FEET AND LARGER) IN THE R-1 ZONE WHEREAS, the City of Downey is a suburban community with a majority of land being dedicated to single-family residential uses. This includes 51 % of the City's land mass (net acres) and 83% of the parcels within the City being zoned for single-family uses; and, WHEREAS, the single-family residential neighborhoods are comprised of a plethora of parcel sizes, which includes numerous parcels that measure greater than 20,000 square feet; and, WHEREAS, the City of Downey is a full-service city, which owns, operates, and maintains a potable water distribution system and sanitary sewer system; and, WHEREAS, the City of Downey is relatively flat community with only an approximate "50- foot change in elevation from the north to the south side of the City. This lack of elevation change in the topography creates a challenge to properly accommodate storm -water runoff; and, WHEREAS, the City of Downey has received several requests to subdivide the larger single-family residential parcels into multiple lots. Due the size of these lots and the minimum zoning requirements, these subdivisions can be easily subdivided into three or more lots; and, WHEREAS, the City Council of the City of Downey is concerned that continued and unimpeded subdivision of large lots in the single-family residential zones can result in a significant increase in demand and place an undue burden on the existing infrastructure system and adversely impact the provisions of these services to existing residential uses and new subdivisions; and, WHEREAS, the City Council of the City of Downey is further concerned that the continued and unimpeded subdivision of large lots will increase impervious areas, thus increasing the amount of stormwater runoff, resulting in localized flooding; and, WHEREAS, on October 24, 2017, the City Council of the City of Downey adopted Ordinance No. 17-1385, which placed a 45 -day moratorium on subdividing all parcels within the R-1 zone. The concern at that time was dividing parcels in the R-1 zone would have a negative impact on the appearance of neighborhoods, increase densities, and create additional traffic. The City Council hereby finds that the circumstances noted within this ordinance are different and distinctive, thus creating a new urgency; and, WHEREAS, immediate adoption of this Interim Urgency Ordinance is needed to prevent an impact to the public health, safety and welfare that could occur if the infrastructure systems exceed capacity resulting in localized flooding and potentially interfering with the provision of water, sewer and storm water services to existing residential uses and new subdivisions; and, WHEREAS, based on the foregoing, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this interim urgency Attachment "A ORDINANCE NO. PAGE 2 ordinance be enacted pursuant to Downey City Charter Section 511, Government Code 36937(b) and Government Code Section 65858 and that this ordinance shall take effect immediately upon adoption so that the City can study potential impacts that subdividing parcels in the R-1 zone has on the existing neighborhoods. Therefore, this interim urgency ordinance is necessary for the preservation of the public peace, health, safety and welfare and its urgency is hereby declared. THEREFORE,OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby finds that the above recitals are true and correct and are hereby incorporated by reference. SECTION 2. The City Council finds that this Ordinance isnot subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment,- directly or indirectly. SECTION 3. Pursuant to Government Code 65858(a), this urgency ordinance is necessary to protect against a current and immediate threat to the public health, safety, and welfare. SECTION 4. From and after the effective date of this Interim Urgency Ordinance, the City shall not approve a Tentative Parcel Map, Tentative Tract Map, or other subdivision for any lot or parcel in the R-1 zone, in which the gross lot or parcel size is 20,000 s.f. or larger. SECTION 5 The City may continue to accept and process applications for subdivisions prohibited by this moratorium if so required by State law. Any application received and processed during the moratorium shall be processed at the applicant's sole cost and risk with the understanding that the City of Downey will not render a decision on a Tentative Parcel Map, Tentative Tract Map, or other subdivision while this moratorium or any extension of it is in effect: SECTION 6. This moratorium shall not apply to any action that will combine multiple parcels into a single lot or any application that has already been deemed 'complete' by City staff before the effective date of the Interim Urgency Ordinance. SECTION 7. This Ordinance shall become effective immediately upon adoption if adopted by at a least four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in the Government Code. SECTION 8. Ten days prior to the expiration or any extension of this Ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance. SECTION 9. if any section, subsection, paragraph, sentence, clause or phrase of this Interim Urgency Ordinance is declared by a court of competent jurisdiction to be unconstitutional ORDINANCE NO. PAGE 3 or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council declares that it would have adopted this Interim Urgency Ordinance,and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 10. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 13th day of November, 2018. SEAN ASHTON, Mayor ATTEST: MARIA ALICIA DUARTE, CMC City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss CITY OF DOWNEY HEREBY CERTIFY that the foregoing Interim Urgency Ordinance No. 18-_ was adopted at a Regular Meeting of the City Council of the City of Downey held on the 13th day of November, 2018, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN* I FURTHER CERTIFY that a summary of the foregoing Interim Urgency Ordinance No. 18--_ was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on _, 2018 (including the vote thereon). 1t was also posted in the Regular posting places in the City of Downey on the same dates. MARIA ALICIA DUARTE, CMC City Clerk