2023-03-21 City Council - Full Agenda- Regular Meeting

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Staff Report to the Mayor and City Council Title 16 Subdivision Ordinance Update March 21, 2023 Page 2 consistency with legislation adopted over the past 45 years, including recently adopted legislation, such as 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 W ork/Engineering staff, Planning staff and the City Attorney carefully reviewed each of Mr. McKhann’s comments and determined that most comments consisted of policy disagreements with the proposed Ordinance, not substantive errors. However, some incorrect cross-references and outdated terminology were identified in the comments and minor corrections were made to the Ordinance upon its return to the City Council on May 3, 2022.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 Hills area and Reche Canyon Specific Plan area. The public hearin g was continued to June 7, 2022 in order for staff to consult with the City Attorney to provide additional information as to Colton’s options regarding SB 9 compliance. On June 7, 2022, the City Council public hearing heard from the City Attorney regardin g the SB 9 (Lot Splits) provisions of the Subdivision Ordinance Update. The City Attorney reiterated that Colton’s proposed language for SB 9 compliance are written to provide the most restrictive interpretation allowed by law. Following discussion by th e City Council, MPT Koperski/Mayor Navarro made a motion and second to waive full reading, read by title only and introduce Ordinance No. O-01-22 (Subdivision Ordinance Update with SB 9 Compliance). The motion failed on a final vote of 4 Nos and 3 Yes. The City Council provided the following direction to staff: · Provide an explanation of the obligation to have an ordinance in place to comply with SB 9; · Include definitive verbiage as it relates to high fire areas in the City of Colton; and · Explain the timeline for the City of Colton to be in compliance with SB 9. The Analysis Section of this staff report includes a discussion of the direction provided by the City Council. 1.2 Packet Pg. 11