The city council last month voted to approve a series of ordinances aimed at implementing the city-approved housing element and bringing the city of San Clemente’s ordinance into line with state law.
Six ordinances were passed under the council’s Consent Calendar, routine items that can be approved with a single vote. Council votes updated the City’s Municipal Code for the Density Bonus Act, Overlay Districts, Attached Housing Units, Low Barrier Navigation Centers, Permanent Supportive Housing, and Residential Care Homes.
San Clemente’s housing element, a blueprint used to demonstrate the city’s ability to meet anticipated housing demand, was approved by the state’s Housing and Community Development (HCD) Department in mid-October.
Under the accredited housing element, the city had to update local laws.
law of density bonus
The housing element adopted cited the need to update the city’s density bonus ordinance by the end of 2022 to reflect Legislative Bill 1763.
A Dec. 20 city council vote updated the City of San Clemente’s Density Bonus Ordinance, according to a report by city officials, allowing the city to “fund projects that invest a percentage of their units in affordable housing. Granting density bonuses, concessions, incentives, and exemptions from development standards” was mandated. .
The local government code will be updated to reference the state’s Density Bonus Act to ensure that the local government code remains current even if the legislature decides to amend the law in the future. increase.
overlay district
Having met the terms of San Clemente’s approved housing element, the city council also updated the local government code to reflect state law regarding parking requirements for emergency shelters.
California Legislative Bill 139 allows the city to require that emergency shelters provide sufficient on-site parking for all staff.
A City Council vote amended the city’s emergency shelter standards to require that proposed emergency shelters provide adequate on-site parking for staff members.
ADU and JADU
The City Council has also updated the city’s regulations regarding attached housing units (ADUs) and junior attached housing units (JADUs). The city last updated his ADU and JADU ordinances in early 2021.
Since then, California Legislative Bill 2221 and Senate Bill 897 have been signed into law, “regulating ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unauthorized structures and JADUs.” Impose further restrictions on local governments,” the staff report said.
When denying ADU or JADU authorization, AB 2221 requires the city to explain how the applicant can remediate the application for approval.
SB 897 states that a city may apply for an ADU or JADU permit “incompatible zoning conditions, building code violations, or unauthorized structures that do not pose a threat to public health and safety and are not affected by the construction of ancillary dwellings. ” is prohibited. According to the legal
The law also raises the height limit the city can impose to 18 feet if an ADU is within a half-mile walk of a major transit stop.
Low Barrier Navigation Center
The City Council also updated local government legislation to comply with California Legislative Bill 101. The bill requires cities to allow low-barrier navigation centers in multi-use and non-residential zones where multi-household use is permitted.
AB 101 requires the city to allow low barrier navigation centers in these zones. This means that developments are subject to administrative review if they comply with the city’s standards and requirements.
According to the housing element, the housing element adopted by San Clemente includes “a program to amend the zoning ordinance to allow low-barrier navigation centers in mixed-use and non-residential zones that permit multifamily use.”
permanent support housing
State law also requires cities to authorize supportive housing in mixed-use or multifamily zones by right if the development meets requirements for scale, affordability, and on-site support services.
Assistive housing provides onsite or offsite services that help homeless people improve their health and improve their ability to live and work in their communities.
The San Clemente City Ordinance Amendment amends the definitions of supportive housing and interim housing to meet the California government ordinance definitions.
Residential care facility
Finally, the council updated local laws governing residential care homes to simplify the approval process for homes that care for six or fewer people. Residential care homes with six or fewer people are considered “authorized use” but require a license to operate.
According to San Clemente’s Housing Element, the city regulates boarding houses with seven or more residents on a lease of 29 days or less and requires a conditional permit to operate.
