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144 Sacred Communities, and Prince of Peace’s compliance with the regulations in the newly passed 145 law, a typical Interim Use review is superseded by the State’s actions, giving the City little oversight 146 over this use. However, in the interest of providing a legislative means to permit the micro-unit 147 dwellings to remain until the State law goes into effect on January 1, 2024, Planning Division staff 148 considered the use against the IU findings. §1009.03 D of the City Code specifies that three specific 149 findings must be made in order to approve a proposed interim use: 150 1. The proposed use will not impose additional costs on the public if it is necessary for the 151 public to take the property in the future. This is generally intended to ensure the particular 152 interim use will not make the site costly to clean up if the City were to acquire the property 153 for some purpose in the future. In the case of the two micro-unit dwellings, should these units 154 need to be removed from the premises it would not take much effort as they are attached to a 155 trailer, and by their nature are “mobile”. 156 2. The proposed use will not create an excessive burden on parks, streets, and other public 157 facilities. The occupancy of two micro-unit dwellings will not create an excessive burden on 158 the adjacent Central Park; will not generate any traffic impacts to Victoria Street; and will 159 have little or no impact on public facilities, as currently proposed, given they have direct 160 access to a County roadway and are not connected to municipal utilities. 161 3. The proposed use will not be injurious to the surrounding neighborhood or otherwise 162 harm the public health, safety, and general welfare. These two micro-unit dwellings will 163 not be injurious to the surrounding neighborhood as the site on which the Sacred Community 164 lies is large at 2.25 acres in area, is adjacent to Prince of Peace Church to the north that lies 165 on over 6 acres of land, and abuts Central Park to the west and south therefore not in close 166 proximity any residential homes. Similarly, the two micro-units should not harm the public 167 health, safety, or general welfare of the adjacent community when all requirements under 168 State Statute are met. 169 170 171 172 173 174 Staff Recommendation 175 Staff Comments and Recommendation 176 As previously stated, on January 1, 2024, specific state regulations per the Sacred Communities and 177 Micro-Unit Dwellings legislation will go into effect. Once this legislation goes into effect, the City 178 cannot place more restrictive conditions on a sacred community or the micro-unit dwellings than 179 those stipulated in State law. At the advice of the City Attorney, between now and December 31, 180 2023, no conditions should be imposed by the IU that are more restrictive than State law. As such, 181 the Planning Division’s review of the proposal by Prince of Peace was based solely upon the 182 requirements provided in Sacred Communities and Micro-Unit Dwellings legislation. 183 184 Based upon the existing sacred community, its two micro-unit dwellings, and the requirements 185 recently adopted into State law that go into effect on January 1, 2024, the 186 Planning Division has determined no additional conditions should be imposed. However, the 187 Planning Division will note the existing sacred community will be required to add an additional 188 micro-unit dwelling by January 1, 2024, bringing the total to 3, to be compliant with State law. The 189 third micro-unit dwelling must be occupied by persons meeting the definition “chronically 190 homeless” per the Sacred Communities and Micro-Unit Dwellings legislation. Page 5 of 6 Qbhf!28!pg!377