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HomeMy WebLinkAbout01. Adopt Interim Urgency Ord Re-Moratorium on Subdividing Residential LotsIlk-JERMIL APPROVED BY CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL .-ROM: OFFICE OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMEN DATE- NOVEMBER 27,2018 SUBJECT: MORATORIUM ON SUBDIVIDING LARGE SINGLE-FAMILY RESIDENTIAL LOTS 1) Receive and file the report on actions taken to alleviate conditions that led to the adoption of an urgency ordinance; and, A majority of the City is dedicated for single-family residential Uses. This inclu•es 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 larger single-family residential lots (lots that are over 20,000 square feet) into multiple parcels. Due to the size of these lots and the minimum zoning requirements, these subdivisions can easily divide one parcel into three or more lots. In order to address concerns on how subdividing large single-family residential parcels will impact the City's utility infrastructure and their immediate effects on the public health, welfare, and safety, the City Council adopted Interim Urgency Ordinance No. 18- 1401 on November 13, 2018, placing a temporary moratorium on subdividing large MORATORIUM ON RESIDENTIAL SUBDIVISIONS NOVEMBER 27, 2018 PAGE 2 single-family residential lots. Specifically, the concern is how 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. This moratorium is set to expire on December 28, 2018. The moratorium only applies to the larger lots (20,000 square feet or larger) in the R-1 zone. Parcels of this size have the potential to be subdivided two or more times; consequently, adding two or more homes town area where there is currently one house;. The moratorium prevents the City from approving a Tentative Parcel Map, Tentative Tract Map, or other subdivision that would subdivide a property of this size. Finally, the moratorium does not apply to any map that will combine multiple parcelsintoa single lot, any parcel that is less than 20,000 square feet, or any development that is not within the R-1 zone. Due to the complexity of the issue, staff will need additional time to study potential impacts that subdividing parcels in the R-1 zone has on the City's infrastructure. This is critical 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. Unfortunately, this process cannot be completed within the 45 -day moratorium period. The City Council is authorized by Government Code 65858 to extend the moratorium an additional 10 months 15 days, giving the City a one-year moratorium. If needed, staff can return to the City Council for an additional one-year extension. Government Code 65858 requires the City Council to issue a report describing the measures and actions taken by the City to alleviate the circumstances and conditions, which led to the adoption of Urgency Ordinance, at least 10 days prior to the expiration of said moratorium. This section of the Agenda Memo shall serve as that report. Actions taken to alleviate the circumstances and conditions were focused on gaining a better understanding of the issue and determining the extent of the potential impacts that could incur. These actions include: Staff has begun inventorying all parcels that are larger than 20,000 s.f. and within the R-1 zone. Staff is assembling data on existing infrastructure capacity within the City; NOVEMBER 27, 2018 PAGE 3 Public • Quality •`i Life, Neighborhood & Infrastructurij- ATTACHMENTS AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCILOFTHE CITY OF DOWNEY EXTENDING INTERIM URGENCY ORDINANCE NO. 18-1401 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS THEREBY CONTINUING 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 Ordinance No. 18-1401 and this ordinance are different and distinctive, thus creating anew urgency; and, WHEREAS, on November 13, 2018, pursuant Section 65858 of the California Government Code, the City Council of the City of Downey ("City Council") adopted Ordinance No. 18-1401, an interim urgency ordinance, which temporarily prohibits the City from approving any 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; and, ORDINANCE NO PAGE 2 WHEREAS, Interim Urgency Ordinance No. 18-1401 is set to expire on December 28, 2018; and, WHEREAS, based on the Report, the City Council has determined that the circumstances and conditions that led to the adoption of Ordinance No. 18-1401, which are set forth in the aforementioned recitals have not been alleviated as of the date of this Ordinance and continue to create concerns; and, WHEREAS. the City now seeks to extend the temporary prohibition on approving any 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, as currently authorized under Ordinance No. -18-1401, to continue studying potential impacts that subdividing parcels in the R 1 zone has on the existing neighborhoods; and, WHEREAS, extension of the 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, notice of a public hearing was published as a'/8th page ad in the Downey Patriot on November 15, 2018. The City Council held the duly noticed hearing on November 27 2018 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this ordinance; 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 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 health, safety and welfare and its urgency is hereby declared. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY 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 is not 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 extend Interim Urgency Ordinance No. 18-1401 for 10 months and 15 days (expiring November 12, 2019) unless further extended by the City Council as pursuant to Government Code Section 65858. 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. 1f any section, subsection, paragraph, sentence, clause or phrase of this InterimUrgency Ordinance is declared by a court of competent jurisdiction to be unconstitutional 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. . I A I 0111CMEA � APPROVED AND ADOPTED this 27th 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 I 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 27th day of November, 2018, by the following vote to wit: 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). It was also posted in the Regular posting places in the City of Downey on the same dates. MARIA ALICIA DUARTE, CMC City Clerk Arl 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 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 AIRDINANCE NO. PAGE 2 necessary for the preservation of the public peace, health, safety and welfare and its urgency is hereby declared. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY 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 is not 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. SECTIO _ g. 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 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. ORDINANCE NO. 181401 PAGE 3 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. � \� \ \� � � � «:+< myn j WK11" tgj -!iii i i k, »«2«<«::«2±«»l:», j'jgj I HEREBY ©° that the foregoing Interim Urgency Ordinance No. 18-1401 was adopted at a Regular Meeting of the City Council of the City of Downey hold on the 13 th day of November, 2018, by the following vote, to wit: AYES: I FURTHER Council Members: Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton. NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN- Council Member: None. ©° that a Summary of the foregoing Interim Urgency Ordinance No. 18-1401, was published in the Downey Patriot, an w pa : of general circulation in ©. City of Downey, on November 15, 2018 (including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. � /� � � : � � � � � /�:«z%..� � ». . City Clerk