2022-06-07- City Council- Full Agenda- Corrected

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Staff Report to the Mayor and City Council Subdivision Ordinance Update and SB 9 June 7, 2022 Page 2 and recreation facilities dedication and fees. This update is needed in order to achieve consistency with legislation adopted over the past 45 years, including recently adopted legislation, including Senate Bill 9, addressing “Urban Lot Splits” within single-family zones that took effect on January 1, 2022. On December 14, 2021, the Planning Commission approved by a 6-0-1 vote Resolution No. R- 34-21, recommending City Council approval of Subdivision Ordinance Update by conducting the first reading. At the City Council’s public hearing on held on March 1, 2022, public comment was provided by Scott McKhann, owner of Modern Pacific Homes. Mr. McKhann did not provide comments during the Planning Commission hearing on the update. Following public comment, the City Council continued the public hearing to April 19, 2022 (subsequently continued again to May 3, 2022), and directed staff to address Mr. McKhann’s comments, and make appropriate edits to the Ordinance, as necessary. Public Work/Engineering staff, Planning staff and the City Attorney carefully reviewed each of Mr. McKhann’s comments and have determined that most comments consist of policy disagreements with the proposed Ordinance, not substantive errors. However, some incorrect cross-references and outdated terminology was identified in the comments and minor corrections were made to the Ordinance upon its return to the City Council on May 3, 2022. At the May 3rd hearing, there were questions and comments from Council Members regarding the Urban Lot Splits provisions in the Ordinance, specifically provisions pertaining to lot splits within designated High and Very High Fire Hazard areas such as with the La Loma Mountain area and Reche Canyon Specific Plan area. The public hearing was continued to this date in order for staff to consult with the City Attorney on this issue to provide a fully informed response. ISSUES/ANALYSIS Staff has consulted with the City Attorney on this matter and concluded that that prohibiting urban lot splits within High Fire Zones is not in compliance with State law. Urban lot splits must be permitted if compliance with fire code requirements and quantifiable or objective design standards are met. The City of Colton’s Code proposed code requirements are written to provide the most restrictive interpretation allowed by law in developing an urban lot split within ‘High Fire Zone” areas as outlined in proposed Section 16.22.050 (11) Fire–Hazard Mitigation Measures, which first requires an inspection of the site prior to submitting an application for an urban lot split. This section also includes specific access requirements, compliance with current fire code requirements for dwellings in a Very High Fire Hazard Severity Zone (which includes both La Loma and Reche Canyon Areas), fire sprinkler requirements for all enclosed structures (this may be interpreted to mean existing and proposed), require that all dwellings on the site must be within 150 feet-hose-pull distance from either the public right-of-way or an on-site fire hydrant or standpipe; and access to 5,000 gallon reservoir per dwelling with fire aut hority 1.1 Packet Pg. 11