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HomeMy WebLinkAbout01. Adopt Interim Urgency Ord Extending Moratorium on SubdivisionsRem 1%40 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY NAIANA 3ER FROM: OFFICE OF THE CITY MANAGER I BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 8, 2019 That the City Council hold a public hearing and adopt the second extension of original Interim Urgency Ordinance No. 18-1401, thereby continuing the temporary moratorium on subdividing large parcels (20,000 square feet and larger) in the R-1 Zone, for a 12 -month period to allow further review of the impacts on the City and to determine appropriate final action. The Interim Urgency Ordinance is titled as follows: On November 13, 2018, the City Council adopted Interim Urgency Ordinance 18-1401 placing a temporary moratorium on subdividing large single-family residential lots. On November 27, 2018, the City Council adopted a 10 month and 15 day extension of the Interim Urgency Ordinance through Ordinance No. 18-1404 which will expire on November 12, 2019. The Interim Urgency Ordinance was originally adopted to address concerns regarding the potential impacts that subdividing large single-family residential lots could have on the City's utility infrastructure and the resulting effects that those impacts could have on the public health, welfare, and safety. 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 single-family residential lots of 20,000 square feet or greater into multiple parcels. Due to the size of these larger lots, the application of minimum zoning requirements is likely to result in the subdivision of one parcel into three or more lots. MORATORIUM ON RESIDENTIAL SUBDIVISIONS OCTOBER 8, 2019 PAGE 2 The potential exponential growthin areas that were designated for low -intensity land uses caused concern regarding how the additional units could result in a significant increase in demand and place an undue burden on the existing infrastructure system. Additionally, the City's relatively flat topography raised concern that the development of numerous additional units would increase impervious areas creating circumstances that could lead to localized flooding in single-family neighborhoods. The moratorium in place is applicable only to larger lots of 20,000 square feet or greater within the R-1 zone. The moratorium prevents the City from approving applications for a Tentative Parcel Map, Tentative Tract Map, or other subdivision that would subdivide a property of 20,000 square feet or greater within the R-1 zone. The moratorium does not apply to any map that will consolidate multiple parcels into a single lot, any parcel that is less than 20,000 square feet, or any development outside of the R-1 zone as these applications do not have the same potential to increase impacts to the City's utility infrastructure. Staff is requesting a second extension of the Interim Urgency Ordinance to allow additional time to continue to analyze and seek appropriate mitigation of the potential impacts that subdividing large parcels in the R-1 zone may have on the City's infrastructure. Government Code Section 65858 allows for a second extension of an Urgency Ordinance, for a period of one year, through a four-fifths vote of the City Council The one year extension is critical to prevent an impact to the public health, safety and welfare that could occur if exponential growth leads to localized flooding and the City's infrastructure systems exceed capacity causing potential interference with the provision of water, sewer, and storm water services to existing residential neighborhoods. Report on Actions Taken 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 developed an inventory of all parcels that are 20,000 sq. ft. or greater within the R- 1 zone. • Staff has continued to collect data and assess the capacity of existing infrastructure within the City. This analysis includes evaluation of existing drainage patterns and stormwater system along with assessment of water infrastructure, street systems, and sewer systems. • Staff is continuing to research potential mitigation to address the impacts that exponential growth in single-family residential neighborhoods would cause. • Staff is researching development patterns in urbanized jurisdictions that have seen abrupt increases in subdivisions within their R-1 zones to determine appropriate measures that can be utilized to mitigate impacts to public health, safety and welfare. MORATORIUM ON RESIDENTIAL SUBDIVISIONS OCTOBER 8, 2019 PAGE 3 Public Engagement Qualitv of eialtborltood 11p, FISCAL IMPACT ATTACHMENTS AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING INTERIM URGENCY ORDINANCE NO. 18-1404 FOR AN ADDITIONAL 12 MONTHS THEREBY CONTINUING 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 found that the circumstances noted within Ordinance No. 17-1385 and Ordinance No. 18-1401 were different and distinctive, thus created a new 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 prohibited 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, Attachment "A" E WHEREAS, Interim Urgency Ordinance No. 18-1401 was set to expire on December 28 2018; The City Council held a public hearing on November 27, 2018 where staff presented a report on actions taken and determined that the circumstances and conditions that led to the adoption of Ordinance 18-1401, set forth in the aforementioned recitals, had not been alleviated and adopted Ordinance 18-1404 to extend the moratorium for a period of 10 months and 15 days; and, WHEREAS, Interim Urgency Ordinance No. 18-1404 is set to expire on November 12, 2019; and, WHEREAS, Staff provided a report on actions taken to the City Council at a public hearing held on October 8, 2019, the City Council determined that the circumstances and conditions that led to the adoption of Ordinance No. 18-1401 and Ordinance 18-1404, which are set forth in the aforementioned recitals have not been alleviated 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 square feet or greater, as currently authorized under Ordinance No. 18-1404, to continue studying possible mitigation to the potential impacts that subdividing parcels in the R-1 zone may have 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 apublic hearing was published as a'/8th page ad in the Press Telegram on September 29, 2019. The City Council held the duly noticed hearing on October 8, 2019 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 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 ORDINANCE ., Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a director reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is nota 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 greater. 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 consolidate 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 becomeeffective 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. 18-1404 for one year, expiring November 12, 2020 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 8. 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. 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. *Is A 0 1 1-Iffelff-Im ATTEST: MARIA ALICIA DUARTE, CIVIC City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF DOWNEY I HEREBY CERTIFY that the foregoing Interim Urgency Ordinance No. 19- was adopted at a Regular Meeting of the City Council of the City of Downey held on the 8th day of October, 2019, by the following vote to wit: AYES: NOES- ABSENT I FURTHER CERTIFY that a summary of the foregoing Interim Urgency Ordinance No. 19- was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on —, 2019 (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� CIVIC City Clerk 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, 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 ORDINANCE NO. 18-1401 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 S. 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 t. This moratorium shall not apply to any action that will combine multip parcels into a single lot or any application that has already been deemed 'complete' by City Sti 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. SECTIO N 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 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 • r; 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. ' Pao ASHTON, Mayor ATTEST: STATE OF _, • COUNTYOF • CITY OF DOWNEY I HEREBY CERTIFY that the foregoing Interim Urgency 0 adopted at -•ular Mee6ing of - City Councilof - City of Down" hold on - 13 1h day of November, 2018, by the following vote, to wit: AYES: FURTHER CERTIFY that a Summary Council Members: Pacheco, Saab, Vasquez, Rodriguez, MayorAshton. NOES: Council Member: None. ABSENT: r - z -None. ABSTAIN:• - b NoneI . - foregoing Interim UrgencyOrdinance • 18-1401, was published - Downey •' a newspaper• genera c rcu ation- ty • Downey, on November 15, 2018 (including the vote thereon). It was also posted in the regular posting places in th- City of Downey on - same dates. ORDINANCE NO. 18-1404 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE 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, 0 wels I I I je NL_ I I to WHEREAS, on October 24, 20 e 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 a new urgency; and, WHEREAS, on November 13, 2018� pursuant Section 65858 of the California Government Code, the City Council of the City of DowneyCouncil") 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, J WHEREAS, Interim Urgency Ordinance No. 18-1401 is set to expire on December 28, 2018; and, Attachment "C" 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 beenalleviated 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 1r8th 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 sq. ft. or larger. .5 Iq N I H, I � M, � SECTION 8. 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. SECTI N 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 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 27th day of November, 2018. -SEAN ASHTON, Mayor ATTEST` A AI_ICIA DU ESTE, MC City Clerk ORDINANCE i . 18-1404 PAGE 4 STATE OF O. CITY OF DOWNEY I HEREBY CERTIFY that the foregoing r-ncy Ordinance No404 was adopted at _ Regular Meeting of - City Councilof of Downey - • on - 27 •.. of November, 2018, by the following vote, to wit: AYES: Council Members: Pkheicb� Saab, Vasquez, Rodriguez, Mayor Ashton. NOE& Council Member: None. ABSENT: Council Member: None. ABSTAK Council Member: None. •s- • s _ _ - • lir - • - _ - •. - City Clerk