AGENDA CITY OF FERNDALE – HUMBOLDT COUNTY …ci.ferndale.ca.us/pdf/PlanningPacket.pdf · AGENDA...

AGENDA CITY OF FERNDALE – HUMBOLDT COUNTY CALIFORNIA – U.S.A.

REGULAR PLANNING COMMISSION MEETING

Location: City Hall 834 Main Street Ferndale CA 95536

Date: December 5, 2018 Time: 7:00 pm Posted: November 29, 2018

The City endeavors to be ADA compliant. Should you require assistance with written information or access to the facility please call 786-4224 24 hours prior to the meeting.

1.0 Call meeting to order / Flag salute / Roll call 2.0 Ceremonial 3.0 Modifications to the Agenda 4.0 Approval of previous minutes

4.1 Minutes of the November 7, 2018 Regular Meeting .................. Page 3 5.0 Public Comment 6.0 Public Hearing (Note: This is the time for commissioners to report any Ex

Parte communications on this agenda item. 7.0 Business (Note: This is the time for commissioners to report any Ex Parte

communications on this agenda item.) 7.1 Recommend Appointment of Member to Serve on the Design

Review Committee ....................................................................... Page 6 7.2 Draft Sidewalk Ordinance ............................................................ Page 8 7.3 Accessory Dwelling Units Ordinance Discussion ......................... 0 7.4 SB2 Planning Grant Discussion..................................................... Page 51 7.5 Building and Land Use November 1, 2018- November 28, 2018 Page 61 7.6 Design Review Minutes ................................................................ Page 62

8.0 Correspondence ...................................................................................... Page 67 9.0 Commissioner Comments 10.0 City Planners and City Clerk’s Staff Reports 11.0 Adjournment

The next regular meeting of the Ferndale Planning Commission will be on January 2, 2018 at 7:00 pm.

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PLANNING COMMISSION MEETING____________________________________________________________

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Section 1: CALL MEETING TO ORDER

Section 2: CEREMONIAL

Section 3: MODIFICATION TO THE AGENDA

Section 4: APPROVAL OF PREVIOUS MINUTES

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C i t y o f F e r n d a l e , H um bo l d t C o u nt y , C a l i f o r n i a U S A Minutes for Planning Commission Meeting of November 7, 2018

Call to Order —Chair von Frausing-Borch called the Planning Commission Meeting to order at 7:00 pm. Commissioners Jerry Rocha, Paul Gregson, Ellin Beltz, and Kathleen Bullard were present along with City Planners Stephen Avis and Delo Freitas, City Engineer Steve Davidson and City Clerk Kristene Hall. Those in attendance pledged allegiance to the flag.

2.0 Ceremonial – None

3.0 Modifications to the Agenda – None

4.0 Approval of Previous Minutes – Motion: To approve the minutes of the October 3, 2018 Regular Planning Commission Meeting with correction of spelling error. (Bullard/Gregson) Unanimous

5.0 Public Comment-None

6.0 Public Hearing 6.1 Adams Minor Subdivision: City Planner Delo Freitas presented the staff report to the commissioners. Freitas explained that the proposed subdivision conforms to all the city ordinances and also complies with the California Map Act. Freitas also added that the applicants had also a wetland evaluation on the property and no wetlands were located. The proposed site was determined to be upland rather than wetland. Commissioner Gregson asked that the wetlands delineation be signed off by the Army Corp of Engineers. City Engineer Steve Davidson explained the drainage on the proposed subdivision site. Davidson noted the conditions of approval required certain drainage requirements including adding a swale and drop inlet structure. MOTION: to approve the Adams Tentative Parcel Map dated October 9, 2018, subject to the listed Conditions of Approval, with the addition of the signoff requirement from Army Corp of Engineers and the disclosure of the parcels being located in the 500-year flood plain. (Gregson/Rocha) Unanimous 7.0 Business 7.1 Sidewalk Standards- City Planner Stephen Avis presented draft text for sidewalk standards to be inserted into the Ferndale Zoning Ordinance. Avis stated that the addition of the Sidewalk Standards would help with the aesthetics in residential and the historic district as well as comply with ADA standards. Commissioner Bullard questioned the obstacles on the sidewalks such as fire hydrants, and utility poles. Avis stated that there is no easy way to deal with these issues as both utility pole, hydrants and the sidewalks all have a right to be there. Commissioner Beltz stated that she would like the city itself to follow the same standards as the citizens. Avis agreed and added the city needs to set an example for the residents. Commissioner Gregson questioned the addition of lamp black and the amounts added. Avis went over the amounts and what is

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required. Commissioner Beltz questioned sidewalk easements and the requirements being put on the property owners to encroach on their property instead of the city extending into the street. Avis stated that if a property only has a 4-ft easement for a sidewalk then they are only required to have a 4-ft easement. It would not be required for the property owner to extend onto their property. Gregson questioned construction standards of sidewalks. Engineer Steve Davidson stated that these standards were for zoning conformance and aesthetics, not for construction. The construction of sidewalks would require building code conformance. 7.2 Building and Land Use Permits September 27, 2018-October 31, 2018: There were no comments. 7.3 Design Review Minutes- Gregson stated that Committee Member Chartkoff had resigned. Beltz added that a thank you letter was to be drafted. Avis stated that he was working on the letter. 8.0 Correspondence- Chair von Frausing-Borch questioned a letter sent out to a property owner regarding a horse, 9.0 Commissioner Comments- Commissioner Beltz questioned the progress of the draft ordinance regarding ADU’s. Planner Delo Freitas stated that she has been working on it and had reached out to the Office of Historic Preservation as well as researched some codes from other cities. Freitas stated she planned on bringing some sample ordinances to the next meeting. 10.0 Staff Comments- Planner Freitas congratulated Stephen Avis on his council election. Meeting Adjourned at 8:00 pm Respectfully Submitted Kristene Hall City Clerk

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Section 5: PUBLIC COMMENT This time is for persons who wish to address the Commission on any matter not on

this agenda and over which the Commission has jurisdiction. Items requiring Commission action not listed on this agenda will be placed on the next

regular agenda for consideration, unless a finding is made by at least 2/3rd of the Commission (three of the five members) that the item came up after the agenda was

posted and is of an urgent nature requiring immediate action. This portion of the meeting will be approximately 30 minutes total for all speakers,

with each speaker given no more than five minutes. Please state your name and address for the record. (This is optional.)

Section 6: PUBLIC HEARING

Section 7: BUSINESS

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Meeting Date: December 5, 2018 Agenda Item Number 7.6

Agenda Item Title Recommend to City Council Appointment of Member to Serve on the Design Review Committee

Presented By: Kristene Hall, City Clerk

Type of Item: x Action Discussion Information

Action Required: No Action x Voice Vote Roll Call Vote

RECOMMENDATION:

Recommend appointment of a member to serve on the Design Review Committee to the City Council.

BACKGROUND:

The Design Review Committee has been short a member since October 22, 2018 due to the resignation of Kerry Chartkoff. City staff advertised and posted a notice of the vacancy. The application deadline was November 28, 2018. Staff received one application. The sole application came from Joseph Koches.

ATTACHMENTS: Joseph Koches Application

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PROJECT DESCRIPTION: Draft text for standards pertaining to the construction and repair of sidewalks throughout the City of Ferndale. If recommended by the Commission and approved by the City Council, the revised text will be added to Article 7: General Provisions and Exceptions of the Zoning Ordinance.

STAFF RECOMMENDATION: No formal action is requested. Confirm that the final wording can be released for a public hearing and vote at the next regularly scheduled Planning Commission meeting.

DISCUSSION: Following a review of other communities’ ordinances, input from the City Engineer, historic preservationists and Ferndale planning commissioners, the draft ordinance is intended to influence the appearance of sidewalks in Ferndale over a period of decades. For all intents and purposes, concrete sidewalks last forever and their appearance, in conjunction with the character of this community should reflect the historic appearance of the early and mid 20th Century.

ATTACHMENTS:

Attachment A: Draft language as a replacement for Zoning Ordinance, Section 7.23.

Meeting Date: December 5, 2018 Agenda Item Number: 7.2

Agenda Item Title: Sidewalk Standards

Presented By: Delo Freitas, City Planner

Type of Item: Action X Discussion Information

Action Required: X No Action Voice Vote Roll Call Vote

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Attachment A

Zoning Code text replacing:

§7.23 Signs and Nameplates: The entire §7.23 was repealed by Ordinance 2013-02 Sign Ordinance.

§7.23 Sidewalks: Sidewalks and their historic appearance are important to Ferndale. Their purpose is to provide an attractive, safe and elevated hard surface for pedestrian traffic. The City wishes to maintain and replicate historic design patterns and appearance of sidewalks in commercial and residential areas.

7.23.1 Maintenance and repair of existing sidewalks is the responsibility of the property owner. a. To avoid trip and fall accidents, hazardous sections of sidewalks shall be repaired or replaced

promptly. b. An encroachment permit from the City is required before repair work can begin. c. Repaired or replaced sections of sidewalk shall match the form, texture and color of the

original sidewalk on the block to the satisfaction of the City Engineer. d. Width of repaired sidewalks shall be:

i. Five feet using current ADA standards, or ii. Spot repairs of 10 linear feet or less may be the same width as the area being repaired.

iii. Replacement driveway cuts shall use current ADA standard.

7.23.2 New sidewalk construction shall comply with City Standards (7.23.3) and current CA-ADA requirements.

7.23.3 Design Standards. a. All new sections of sidewalk shall match the form, texture and color of the original sidewalk

on the block to the satisfaction of the City Engineer. b. To match historic sidewalks:

i. Concrete shall be tinted at a ratio of 2 to 3 lbs. lamp per cubic yard of 3/8”- 6-sack concrete.

ii. Finishing work shall include an exposed sand/aggregate surface that matches historic sidewalk treatment.

iii. Un-tinted concrete and/or a broom finish is not acceptable. iv. Stress relief lines shall match the pattern of the existing sidewalk. In the absence of an

adjoining sidewalk, the default pattern will be 2’-6” wide rectangles across the width of the sidewalk.

v. ADA compliant curb cuts and ramps shall be inset (not surface mounted) to the concrete.

7.23.4 Enforcement. New sidewalks and sidewalk repairs not meeting these standards shall be replaced at the property owner’s expense.

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Meeting Date:

Agenda Item Title

December 5, 2018 Agenda Item Number 7.3

Accessory Dwelling Unit (ADU) Discussion




PROJECT DESCRIPTION: Sample ordinances regarding the regulation of Accessory Dwelling units (ADUs).

STAFF RECOMMENDATION: This item is being presented for discussion only. It is not being brought for action at this time. The intention of presenting three sample ordinances is to:

1. Expose the Commission to examples of how other jurisdictions have approached ADUregulation after the CA ADU law update in 2017; and

2. Explore the potential of adopting an ordinance for Ferndale using one of the threeexisting ordinances as a template.

BACKGROUND: Recent changes to Accessory Dwelling Unit (ADU) law intend to address barriers to housing creation by streamlining permit approval and expanding potential capacity for ADUs. These changes are a response to the California Legislature recognizing the unique ability of ADUs to address California’s urgent housing needs. State legislation that took effect January 1, 2017 gave California cities more flexibility and latitude for allowing homeowners to build ADUs. Three separate bills were introduced and signed by Governor Brown; SB 1069 (Wieckowski), AB 2299 (Bloom), and AB 2406 (Thurmond).

This legislation requires that the preparation, adoption, amendment and implementation of local ADU ordinances must be carried out consistent with Government Code Section 65852.150. Any local ADU ordinance that is not in compliance with new legislation is superseded by state regulations, and is essentially rendered null and void until a new ordinance meeting the regulations of the state has been adopted. All newly adopted ADU ordinances must be sent to the California Department of Housing and Community Development (HCD) within 60 days of adoption.

Cities have begun to adopt ordinances that align with the requirements of the legislature, including Santa Rosa, Chula Vista, and Pasadena. These areas have interests in protecting existing historic housing stock and each jurisdiction has approached ADU regulation in a different manner. The long-term intention of staff is to draft an ADU ordinance that is specifically tailored to Ferndale’s unique needs. A short-term measure suggested by the Commission would be to adopt an existing ADU Ordinance that has been approved by HCD in the interim as a strategy to protect Ferndale’s historic housing stock. Staff hopes to discuss pursuing this possibility at the December meeting.

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https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1069

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1069

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2299

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2406

http://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml

http://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml

Staff will review the attached sample ordinances with the Commission and hopes to receive feedback on which model ordinance best suits Ferndale’s needs. Sections related to historic preservation are highlighted. Commissioners are encouraged to conduct their own research prior to the meeting, and can review HCD approved ordinances at http://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml (under “City and County ADU Ordinances”)

ATTACHMENTS: Attachment A. ADU Ordinance, City of Santa Rosa Attachment B. ADU Ordinance, City of Chula Vista Attachment C. ADU Ordinance, City of Pasadena

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Attachment A. ADU Ordinance, City of Santa Rosa

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ORDINANCE NO. ORD-2017-024

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE SECTIONS -20-22.030, 20-36.040, 20-42.130 AND 20-70.020-FILE NUMBER REZI 7-006

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1. The Council finds, based on evidence and records presented, that amending Title 20 (Zoning) of the Santa Rosa City Code, as follows, is required for compliance with State law and in support of the City's Housing Action Plan.

Section 2. Amend Section 20-22.030, Table 2-2, in part, to read and provide as follows:

.. Penrutt&Luse: Zoriin · Ciearaiice 're uired " • .. '}.11fiot1Eoriditi~nlll u! P~rifllt;i¢t=uid . .. .

·co11diti~niil Use Permit reqtiireil: · ·•· • See:Sp¢¢iffoUse Reg1.ilations.fo1]>.ermit requiremenh · .,.,,'.;,;

. Specific Us~ Regulations¼ ;

RESIDENTIAL USES (See Section 20-28.080, Senior Housing (-SH) combining district, for specific requirements regarding proposed senior housing developments)

Acce~~ory dwelling unit s s Agricultural employee housing---6 or p p fewer residents

Agricultural employee housing-7 or MUP MVP

more residents Animal keeping-Domestic, exotic s s Community care facility---6 or fewer p p clients

Community care facility-7 or more MUP MUP clients

Emergency shelter CUP CUP Home occupation s s Junior accessory dwelling unit s s Live/work - -

Mobile home park CUP CUP

Mobile home/manufactured housing unit p p

Multi-family dwellings MVP MVP Organizational house (dormitory, sorority, MVP MVP monastery, etc.)

Resicien~ial accessory structures and uses p p

Residential component of a mixed use MVP MVP project

Rooming or boarding house p p

Rooming or boarding, accessory p p

Single-family dwelling p p

Small lot residential project - CUP

s s p p

MUP MUP

s s p p

MUP MUP

CUP CUP s s s s

- -CUP CUP

p p p p

CUP CUP

p p

MVP MVP

p p p p

P(2) P(2)

CUP(2) CUP(2)

- s 20-42.130

p p

MUP MUP

s s 20-42.040

p p 20-42.060

MUP MVP 20-42.060

CUP CUP s s 20-42.070

- s 20-42.130 - P(3) 20-42.080

CUP - 20-42.100 p p 20-42.094

- p

- CUP

p p 20-42.030

MVP p 20-42.090

- p

- p

- P(2)

- CUP(2) 20-42.140

Ord. No. ORD-2017-024 Page 1 of 13

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TAQLE 1::io • ·· Allowed Land :Uses.and Permit Requit~ineilts · for lg~ti~#,j~l. :Pistri~·< · ·' ·

re2ardin2 orooosed senior housin2 develooments) Accessorv dwelling unit Animal keeping-Domestic/exotic Caretaker unit Emergency shelter Junior accessorv dwelling unit Home occupation Live/work unit Mixed use project Mobile home/manufactured housin12; Multi-familv dwellings Onranfaaifonal house Residential accessorv uses and structures Simtle-familv dwelling Transitional ·housin12; Work/live unit

·. P [email protected]!-Ji~;~ni,Itg [email protected]! r~µired : ·

. . : :MUP .. · :MillQr GonijitjQI.laj Us¢ P~t reqijiref

• .. , .......... , .............. ::~+sft;· ... ~i~l!'f t~i~~llft~:I~lf :l#~~~it~~iit:{,; . . ' ' '•, --~

·-"-" J}seiiotallow~~.~ .. .:: --~-: ___ ....... :.. ....... -

PE.RMI'fREQ~.P-BY i:9Ni"<i) ~.P~JJl~ • .· . ;:~f_;;·: _, .·: ·. .it·· :· ---:-:~~\~~' ::~.~iji_~j

P(4) s

MUP(4) CUP P(4) s

MUP MUP

CUP(4) CUP(4) CUP(4)

P(4) CUP(4)

CUP MUP

- - 20-42.130 s s 20-42.040

MUP(4) MUP(4) CUP CUP - - 20-42.130 - - 20-42.070 - - 20-42.080 - -- - 20-42.094 - -- -- -- -

CUP CUP MUP MUP 20-42.080


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RESIDENTIAL USES (See Section 20-28.080, Senior Housing (-SH) combining district, for specific requirements re2ardin2 proposed senior bousin2 developments) Accessory Dwelline Unit s s - 20-42.120 Animal keepine-Domestic and exotic s s s 20-42.040 Caretaker unit CUP - -Cornmunitv care facilitv---6 or fewer clients p p CUP 20-42.060 Community care facilitv-7 or more clients - - CUP 20-42.060 Emergency shelter CUP CUP CUP Honie-occupation s s - 20-42.070 Junior Accessorv Dwelline Unit s s - 20-42.120 Mobile home/manufactured housing unit p CUP - 20-42.09.4 Muiti~familv dwellines MUP - -Onzanizational house - - CUP Residential accessory structures and uses p p - 20-42.030 Single-familv: dwelling p CUP -Single-family dwelling, attached MUP - -Transitional housing CUP CUP CUP


Accessory dwelling unit Animal keeping-Domestic/exotic Caretaker unit Emergency shelter Home occupation Junior accessory dwelling unit Live/work unit Mixed use proiect Mobile home/manufactured housing Multi-familv dwellings Organizational house (dormitorv sorority, monasterv, etc.) Residential accessory uses and structures Single-family dwelling Transitional housing Work/live unit

s s

P(2) CUP s s p p p p

CUP p

P(3) CUP MUP

20-42.130 20-42.040

20-42.070 20-42.130 20-42.080

20-42,094

20-42.080


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TABLE 3-4-AUTOMOBILE AND BICYCLE PARKING REQUIREMENTS BY LAND USE TYPE

Land Use Type: Number of Parking Spaces Required Residential Uses Vehicle

Accessory dwelling units 1 space in addition to that required for the primary single-family dwelling unit, unless exempted by Section 20-42.130.E.9; the space may be uncovered, compact, or tandem, and located within the setback, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific topographical or fire and life safety conditions.

Junior accessory dwelling unit No off-street parking required. Parking required for the primary single family dwelling in accordance with this Table 3-4.

Single-family dwellings-Detached (see Standard lot-4 spaces per unit, 1 of which duplexes, etc., above for attached units) must be on-site, covered and outside

setbacks. The remaining 3 spaces may be on-site (in the driveway and tandem) or on a public or private street when directly fronting the lot.

Flag lot-2 spaces per unit, 1 of which must be covered, both of which must be located outside the required setback area plus 2 on-site, paved guest spaces located outside the required setbacks and which may be tandem.

Section 7. Amend Section 20-42.130 to read and provide as follows:

"20-42.130 Accessory dwelling units.

Bicycle

None required.

None required.

None required.

None required.

Accessory dwelling units shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. The provisions of this Section are intended to set standards, in compliance with California Government Code Sections 65582.1, 65852.2, and 65852.22, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.

B. General requirements. An accessory dwelling unit:

1. May be located on any residentially zoned lot that allows single-family or multifamily dwellings and that contains only one single-family detached dwelling;

2. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.


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3. Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.

4. Shall not be used for rentals with terms of less than 30 days.

5. Shall not be sold separate from the primary residence.

C. Permit requirements. An application for an accessory dwelling unit that complies with all applicable requirements of this Section shall be approved ministerially.

D. Application and processing requirements.

1. Step One-Submittal. The application for an accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for an accessory dwelling unit permit shall include all of the following (except as noted below):

a. Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the · Final Map and improvement plans, if any; and average slope calculations for the -site.

b. Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.

c. Elevations. Architectural elevations of each side of the proposed structure showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch.

d. Materials and color board. A materials and color board for the existing residence and the proposed second dwelling unit. ·

e. Cross sections. Building cross sections including structural wall elements, roof, foundation, fireplace and any other sections necessary to iHustrate earth-to-wood clearances and floor to ceiling heights.

f. Photographs. Color photographs of the site and adjacent properties, taken from each property line of the site, to show the project site and adjacent sites. Label each photograph and reference to a separate site plan indicating the location and direction of each photograph.

Applications for accessory dwelling units which do not modify a building's exterior are not required to submit c, d, or f above.

g. Deed Restriction or Affordability Contract.

(1) A deed restriction as required, signed and ready for recordation, in compliance with Subsection G; or


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(2) An affordability contract with the Housing Authority shall be completed and signed in compliance with Subsection F.

2. Step two-Decision. The Department shall act on an application for an accessory dwelling unit permit within 120 days of submittal of a complete application. The accessory dwelling unit permit shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this Section.

3. Utility Connection Fees.

a. Except as provided in subsection (b ), a separate new utility connection and payment of a connection fee or capacity charge pursuant to State law and City fee schedule will be required for any new accessory dwelling unit.

b. No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single family residence or an accessory structure.

E. Development standards. An accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:

1. Setbacks.

a. Residential district. An accessory dwelling unit shall comply with the setback requirements of the applicable residential zoning district for the primary dwelling, except as follows:

(1) A new detached single-story accessory dwelling unit in a single-family residential zone shall comply with accessory structure setbacks as described in Table 2-4.

(2) A new detached two-story accessory dwelling unit shall comply with primary structure setbacks as described in Table 2-4.

(3) A new detached two-story accessory dwelling unit located in a residential small lot subdivision shall comply with the setback requirements of Section 20-42.140.

(4) An accessory dwelling unit that is fully contained within the existing space of a single-family residence or accessory structure and has independent exterior access from the existing residence shall provide side and rear setbacks sufficient for fire safety, as determined by the Santa Rosa Fire Department.

( 5) A detached accessory dwelling unit shall be located within 100 feet of the primary dwelling, but no closer to the primary dwelling than permitted by the California Building Code.

(6) No portion of an attached or detached accessory dwelling unit shall be closer than 10 feet to a primary dwelling on an adjacent lot.


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b. PD District and Multifamily District. Within a PD district, and without setbacks specified in a Policy Statement or Development Plan, accessory dwelling units shall be subject to the following requirements.

(1) An attached accessory dwelling unit not contained within the existing space of a single-family dwelling or accessory structure shall be subject to the primary residential setbacks of the most similar standard zoning district.

(2) A new one-story detached accessory dwelling unit shall observe a front setback of 20 feet, a rear setback of 5 feet, an interior side setback of 5 feet, and a comer side setback of 20 feet on parcels exceeding 1 acre in size, and 15 feet on all others.

(3) A new two-story detached accessory dwelling unit shall maintain a rear setback of 15 feet, an interior side yard setback of 5 feet for a one-story portion, and 10 feet for a two-story portion, and a comer side yard setback of 15 feet.

c. No setback shall be required for an existing legally constructed garage or accessory structure that is converted to an accessory dwelling unit. A setback of five feet from the side and rear property lines is required for an accessory dwelling unit constructed above an existing garage.

2. Maximum floor area.

a. New detached unit. No newly constructed detached accessory dwelling unit may contain habitable space in excess of 1,200 square feet.

(1) An automatic fire sprinkler system shall be installed throughout buldings that exceed 1,200 square foot gross floor area.

b. New attached unit. No newly constructed attached accessory dwelling unit may contain habitable space in excess of 50% of the existing residential square footage or 1,200 square feet, whichever is less.

(1) An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50% of the existing gross floor area.

c. Internal conversion. An accessory dwelling unit created entirely by the internal conversion of an existing single family dwelling shall not occupy more than 45 percent of the existing habitable space of the residence, excluding the garage, nor shall it exceed 1,200 square feet. An accessory dwelling unit created entirely by the internal conversion of a detached accessory structure shall not exceed a maximum of 1,200 square feet.

(1) An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50% of the existing gross floor area.


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3. Height limit. A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet. A two-story accessory dwelling unit shall not exceed a maximum height of 27 feet.

4. Lot coverage. An accessory dwelling unit shall comply with the lot coverage requirements of the applicable zoning district.

5. Architectural compatibility. If visible from a public street, an accessory dwelling unit shall incorporate the same or substantially similar architectural features, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties.

6. Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques may include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.

7. Existing development. A single-family dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit.

8. Number per lot. A maximum of one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any lot.

9. Parking. One off-street parking space is required for an accessory dwelling unit, except as set forth below. The off-street parking shall be permitted uncovered, compact, tandem and in setback areas, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific site or topographical or fire and life safety conditions. No off-street parking shall be required if one or more of the following circumstances exist:

a. The accessory dwelling unit is 750 square feet or less in area.

b The accessory dwelling unit is located within one-half mile of public transit.

c. The accessory dwelling unit is located within a historic preservation district.

d. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

e. When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.

f. When there is a car share vehicle located within one block of the accessory dwelling unit.g. To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car share vehicle or its location within a historic preservation district, or proof oflocal parking permit requirements.

h. If a garage, carport, or covered parking is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking spaces may be provided in any configuration on the


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lot, including as uncovered, compact, tandem parking and within a setback area. No replacement parking shall be required if one or more of the following circumstances exist:

(1) The accessory dwelling unit is located within one-half mile of public transit.

(2) When there is a car share vehicle located within one block of the accessory dwelling unit.

(3) To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car share vehicle.

10. Standards for Hillside areas.

a. Applicability. The development standards outlined below shall apply to accessory dwelling unit development on that portion of a site with a slope of 10% or greater.

b. Development Standards. The accessory dwelling unit shall observe 15-foot setbacks from side and rear property lines. When a building site abuts another parcel with a difference in vertical elevation of three feet or more, the required side and/or rear yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer.

11. Standards for Historic Preservation Districts.

a. Applicability. The requirements outlined below shall apply to new accessory dwelling units within the Historic (-H) Combining District.

b Development Standards.

(1) Through photographs, color and material boards, architectural elevations, and other means, the applicant shall demonstrate the consistency of the proposed design of accessory dwelling unit's colors, textures, materials, fenestration, decorative features and details, with that of the time period of the residence's construction and/or adjacent historic structures.

(2) For properties that are identified as a contributor to the District, through the preparation of a historic resource survey by a qualified professional, the applicant shall demonstrate that the proposed accessory dwelling unit will not negatively impact historic resources on the property, and will be consistent with Secretary of the Interior Standards for Treatment of Historic Properties as applicable.

F. Junior Accessory Dwelling Unit. The following provisions are intended to set standards, in compliance with California Government Code Section 65852.22, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the


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existing neighborhood. It is not the intent of this Section to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.

1. General requirements. A junior accessory dwelling unit:

a. May be located on any residentially zoned lot that allows single family or multifamily dwellings and that contains only one single-family detached dwelling. Only one junior accessory dwelling unit and one standard accessory dwelling unit shall be permitted per parcel;

b. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.

c. Shall not be used for rentals with terms of less than 30 days.

2. Permit requirements. An application for a junior accessory dwelling unit that complies with all applicable requirements of this Section shall be approved ministerially.

3. Application and processing requirements.

a. Step One-Submittal. The application for a junior accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a junior accessory dwelling unit permit shall include all of the following:

(1) Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.

(2) Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.

(3) Deed Restrictions. Deed restrictions completed, signed and ready for recordation in compliance with Subsection G.

b Step two-Decision. The Department shall act on an application for a junior accessory dwelling unit permit within 120 days of submittal of a complete application. A junior accessory dwelling unit permit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this Section.

c. Utility Connection Fees.


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(1) No new or separate utility connection and no connection fee for water sewer, or power is required for a junior accessory dwelling unit.

4. Development standards. A junior accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:

a. Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in area.

b. Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing single-family dwelling and shall utilize one of the existing bedrooms.

c. Kitchen. The junior accessory dwelling unit must contain an efficiency kitchen with the minimum criteria:

(1) A sink with a maximum waste line diameter of 1.5 inches.

(2) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.

(3) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

d. Sanitation. Bathroom facilities may be separate from or shared with the single family dwelling.

e. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single family dwelling, and an interior entry into the main living area. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.

f. Parking. Off-street parking shall not be required for junior accessory dwelling units that meet the development standards.

G. Deed restrictions. Prior to occupancy of a junior accessory dwelling unit or an accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:

1. The accessory dwelling unit or junior accessory dwelling unit shall not be sold separately from the single family residence;

2. The accessory dwelling unit or junior accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling unit or junior accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization; and

3. The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the accessory dwelling unit or junior accessory dwelling unit and may result in legal action against the property owner.


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4. The developer of a subdivision that includes accessory dwelling units or junior accessory dwelling units shall record the deed restrictions required by this Subsection prior to the recordation of the Final Map or Parcel Map. Each lot with a accessory dwelling unit or junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction."

5. A junior accessory dwelling unit shall not exceed 500 square feet and shall comply with the development standards in Subsection F;

H. Affordability Contract. In lieu of owner-occupancy pursuant to Subsection G.2, the owner of record of the property may execute an affordability contract with the Department of Housing and Community Services. The affordability contract shall contain terms and provisions that require the rental of one of the units on the property to low income households (80% of area median income based on household size), at restricted rents (30% of 80% of area median income adjusted for household size) for 30 years and ongoing compliance monitoring. The affordability contract shall be recorded in the Office of County Recorder prior to the approval of occupancy of any accessory dwelling unit or junior accessory dwelling unit on the property. So long as the affordability contract remains in full force and effect, owner-occupancy shall not be required pursuant to Subsection G.2.

Section 8. Amend Section 20-58.060.2.e to read and provide as follows:

"e. The construction of a new primary dwelling;"

Section 9. Add the following definitions to Section 20-70.020 to read and provide as follows:

"Accessory Dwelling Unit. An attached or detached dwelling unit that provides complete independent living facilities on the same parcel as a legal single family residence, including permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit may be located within the living space of an existing primary single-family residence, may be an efficiency dwelling as defined in Section 17958.1 of the California Health and Safety Code, and may be a manufactured home, as defined in Section 18007 of the California Health and Safety Code. Accessory dwelling units are not accessory uses as defined in this Section."

"J. Definitions, "J."

Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure, and utilizing an existing bedroom, and containing an efficiency kitchen. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure."

Delete the following definition from Section 20-70.020:


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"Second Dwelling Unit. A residential dwelling unit that provides complete independent living facilities on the same parcel as a legal single family residence, including permanent provisions for living, sleeping, eating, cooking and sanitation. A second dwelling unit also includes efficiency units and manufactured homes. Second dwelling units are not accessory uses as defined in this Section."

Section 10. Replace all other references to "second dwelling unit(s)" in the City Code to "accessory dwelling unit(s)".

Section 11. Environmental Determination. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Because the proposed Zoning Code text amendment implements California Government Code 65852.1 and 65852.2, the project is statutorily exempt from CEQA per Section l 5282(h).

Section 12. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 13. Effective Date. This ordinance shall take effect on the 31st day following its adoption.

This ordinance was introduced by the Council of the City of Santa Rosa on December 5, 2017.

IN COUNCIL DULY PASSED this 12th day of December, 2017.

AYES:

NOES:

ABSENT:

(7) Mayor Coursey, Vice Mayor Rogers, Council Members Combs, Olivares, Sawyer, Schwedhelm, Tibbetts

(0)

(0)

ABSTAIN: (0)

APPROVED:~ Mayor

ATTEST: ~h~ CiClerk

L_


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~Cityof ~Santa Rosa ,

CERTIFICATION SANTA ROSA CITY COUNCIL

ORDINANCE NO. ORD-2017-024

STATE OF CALIFORNIA ) COUNTY OF SONOMA ) ss. CITY OF SANTA ROSA )

I, STEPHANIE A. WILLIAMS, Deputy City Clerk of the City of Santa Rosa, California, do hereby certify that the foregoing ordinance, published and posted in compliance with State law and Santa Rosa City Charter Section 8, was duly introduced on December 5, 2017, and adopted by the City Council of Santa Rosa at a regular meeting of said Council held on December 12, 2017, by the following vote:

A YES: (7) Mayor Coursey, Vice Mayor Rogers, Council Members Combs, Olivares, Sawyer, Schwedhelm, Tibbetts

NOES: (0)

ABSENT: (0)

ABSTAIN: (0)

Stephanie A. Williams, D~puty City-Clerk City of Santa Rosa, California .

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Attachment B. ADU Ordinance, City of Chula Vista

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DocuSign Envelope ID: 866B258C-C161-4AAB-AEF9-A8774A546883

ORDINANCE NO. 3423

ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE, SECTION 19.58.022 (ACCESSORY SECOND DWELLING UNITS); CHAPTER 19.04 (DEFINITIONS); CHAPTER 19.20 (AGRICULTURAL ZONE); CHAPTER 19.22 (RESIDENTIAL ESTATES ZONE); CHAPTER 19.24 (SINGLE-FAMILY RESIDENCE ZONE); CHAPTER 19.26 (ONE- AND TWO-FAMILY RESIDENCE ZONE); CHAPTER 19.28 (APARTMENT RESIDENTIAL ZONE); AND CHAPTER 19.48 (PLANNED COMMUNITY ZONE) WITH REGARD TO ACCESSORY DWELLING UNITS

WHEREAS, in January 2017, the State of California enacted the following laws: Senate Bill 1069; Assembly Bill 2299; and Assembly Bill 2406; and in January 2018 Senate Bill 229; and Assembly Bill 494 to address the statewide affordable housing demand requiring a ministerial approval process and limiting regulatory requirements for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and

WHEREAS, as a result of said recently enacted California Laws, the City' s current Accessory Second Dwelling Unit (ASDU) Ordinance (Chula Vista Municipal Code Section 19.58.022) became null and void; and

WHEREAS, staff reviewed the City's ASDU Ordinance, and prepared a draft amendment to incorporate the new requirements to be in compliance with State law; and

WHEREAS, the revisions to Title 19 "Planning and Zoning" of the Chula Vista Municipal Code contained in this Ordinance address the required amendments; and

WHEREAS, staff presented the ADU Ordinance to the Development Services Oversight Committee which recommended adoption of the Ordinance; and

WHEREAS, on November 8, 2017, the City of Chula Vista Planning Commission held an advertised public hearing on the subject ADU Ordinance and voted 6-0-1-0 to adopt Resolution No. MP Al 7-0008 and thereby recommended that the City Council adopt the Ordinance; and

WHEREAS, the City Council reviewed the proposed activity for compliance with the California Environmental Quality Act and hereby finds and determines that the adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303 - New Construction or Conversion of Small Structures and Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; therefore, no further environmental review is required; and

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Ordinance No. 3423 Page No. 2

WHEREAS, the City Council set the time and place for a hearing on the subject Ordinance and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and

WHEREAS, the City Council held a duly noticed public hearing on said Ordinance at a time and place as advertised in the Council Chambers located at 276 Fourth Avenue and said hearing was therefore closed.

NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows:

Section I.

Section 19.58.022 Accessory Dwelling Units

9.58.022 Accessory dwelling units.

A. The purpose of this section is to provide regulations for the establishment of accessory dwelling units in compliance, inter alia, with California Government Code Section 65852.2. Said units may be located in residential zone districts where adequate public facilities and services are available. Accessory dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density of the lot upon which they are located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership.

B. For the purposes of this section, the following words are defined:

• Area Considered Behind

Rear P . I . I

Buildable Pad Area

I __J

Exhibit B.1-"Behind" Exhibit B.2-"Buildable Pad Area"

"Above" as used in this section shall mean an accessory dwelling unit that is attached, and built over a primary residence including an attached garage, or above a detached garage or similar building in the rear yard.

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"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Attached" shall mean a wall, floor, or ceiling of an accessory dwelling unit is shared with the primary residence on the property.

"Basement" shall mean the same as defined in CVMC 19.04.026.

"Behind" shall mean an accessory dwelling unit constructed either entirely between the rear of the primary residence and the rear property line, or at the side of the primary residence, and set back from the front plane of the primary residence at least 50 percent of the distance between the front and back planes of the primary residence (Exhibit B.1 ).

"Buildable pad area" shall mean the level finish grade of the lot not including slopes greater than 50 percent grade (Exhibit B.2).

"Detached" shall mean an accessory dwelling unit separated from the primary residence as specified in subsection ( C)( 5)( e) of this section.

"Living area" shall mean the interior habitable area of a dwelling unit including basements and attics, but does not include garages or any accessory structure.

"Primary residence" shall mean a proposed or existing single-family dwelling constructed on a lot as the main permitted use by the zone on said parcel.

"Tandem parking" shall mean that two or more vehicles are parked on a driveway or in any other location on the lot lined up behind one another.

C. Accessory dwelling units shall be subject to the following requirements and development standards:

1. Zones. Accessory dwelling units may accompany a proposed or an existing primary residence in single family zones, on multi-family zoned lots developed with a single-family residence, or similarly zoned lots in the Planned Community (PC) zone. Accessory dwelling units or junior accessory dwelling units are not permitted on lots developed with condominiums, townhomes, apartments, or similar multi-family developments. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. Where a guest house or other similar accessory living space exists, accessory dwelling units are not permitted. The conversion of a guest house, other similar living areas, or other accessory structures into an accessory

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dwelling unit is permitted, provided the conversion meets the intent and property development standards of this section, and all other applicable CVMC requirements. Accessory dwelling units shall not be permitted on lots within a planned unit development (PUD), unless an amendment to the PUD is approved and specific property development standards are adopted for the construction of said dwelling units for lots within the PUD.

2. Unit Size. The total floor space of an attached or detached accessory dwelling unit shall not exceed 50 percent of the living area of the primary residence or 1,200 square feet whichever is less. The original buildable pad area of a lot may be increased through regrading and/or use of retaining walls or structures as allowed for a specific lot.

3. Unit Location. Accessory dwelling units are prohibited in the required front setback.

4. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height limit for the primary residence in accordance with the underlying zone.

5. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying zoning and land use development requirements with regards to the setbacks for primary residences with the following exceptions:

a. New detached single-story accessory dwelling units are allowed a setback of no less than five feet from the side and rear lot lines.

b. For lots with up-slopes between the side or rear of the house, required yard setbacks are measured from the toe of slope.

c. For lots with down-slopes between the side or rear of the house, required yard setbacks shall be measured from the top of slope.

d. A detached accessory dwelling unit shall be located a minimum of 6 feet from a primary residence.

e. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

6. Lot Coverage. Other than conversions of other structures, new accessory dwelling units and all other structures on the lot are limited to the maximum lot coverage permitted according to the underlying zone. Other than conversions of other structures a new detached accessory dwelling unit and all other detached accessory structures combined, shall not occupy more than 30 percent of the required rear yard setback.

7. Parking. Parking for an accessory dwelling unit 1s not required m any of the following instances:

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1. The accessory dwelling unit is within one-half mile from public transit stop. 11. The accessory dwelling unit is within an architecturally and historically significant

historic district. 111. The accessory dwelling unit is part of a proposed or existing primary residence or an

existing accessory structure. 1v. The accessory dwelling unit is in an area where on-street parking permits are required,

but not offered to the occupant of the accessory dwelling unit. v. The accessory dwelling unit is located within one block of a car share area.

8. Accessory dwelling units not meeting any of the above requirements shall be subject to the following access and parking regulations:

a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on an existing driveway provided that access to the garage for the primary residence is not obstructed. Off-street parking shall be permitted in setback areas in locations or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and safety conditions.

b. The required parking space(s) shall be on the same lot as the accessory dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170.

c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit that was previously used by the primary residence, replacement parking shall be provided prior to, or concurrently with, the conversion of the garage into the accessory dwelling unit. The replacement parking may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts . If the existing driveway is no longer necessary for the access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from CVMC 19.58.022(C)(7).

d. Access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar condition shall not be permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or easement access, the access must be a minimum 20 feet in width.

e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. An encroachment permit from the City Engineer shall be obtained for any new or widened curb cuts.

f. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, stand pipes or meters, and be in compliance with CVMC 19.62.150.

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g. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide.

h. All required parking spaces shall be kept clear for parking purposes only.

9. Utilities. The accessory dwelling unit within a single-family residential zone that is contained within the existing space of a single-family residence or accessory structure and which has independent exterior access shall be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory dwelling unit. Accessory dwelling units that are not contained within the existing space of a single-family residence or accessory structure shall be served by their own separate water and sewer lateral connections. Separate electric meter and addresses shall be provided for the separate accessory dwelling units.

10. Design Standards. The lot shall retain a single-family appearance by incorporating matching architectural design, building materials and colors of the primary residence with the accessory dwelling unit, and any other accessory structure built concurrently with the accessory dwelling unit. However, the primary residence may be modified to match the new accessory dwelling unit. The accessory dwelling unit shall be subject to the following development design standards:

a. Matching architectural design components shall be provided between the primary residence, accessory dwelling unit, and any other accessory structures. These shall include, but are not limited to:

i. Window and door type, style, design and treatment; ii. Roof style, pitch, color, material and texture; iii. Roof overhang and fascia size and width; iv. Attic vents color and style; v. Exterior finish colors, texture and materials.

b. A useable rear yard open space of a size at least equal to 50 percent of the required rear yard area of the underlying zone shall be provided contiguous to the primary residence. Access to this open space shall be directly from a common floor space area of the primary residence such as living or dining rooms, kitchens or hallways, and without obstruction or narrow walkways.

c. A useable open space that has a minimum dimension of six feet and an area not less than 60 square feet in area shall be provided contiguous to an accessory dwelling unit. A balcony or deck may satisfy this requirement for second story units.

d. Windows on second story accessory dwelling units should be staggered and oriented away from adjacent residences closer than 10 feet. The location and orientation of balconies or decks shall also be oriented away from adjacent neighbors' backyard and living space windows.

e. Trash and recycling containers must be stored between pick-up dates in an on-site location that is screened from public view and will not compromise any required open space areas .

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11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following:

a. The accessory dwelling unit shall be located behind a primary residence that is determined to be a historic resource.

b. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures.

c. The accessory dwelling unit shall be designed as to have a distinguishable architectural style and finished materials composition from the historic primary residence or structure.

d. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site.

e. If an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory dwelling unit on the site.

12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists:

a. The property owners' health requires them to temporarily live in an assisted living or nursing facility.

b. The property owner is required to live outside the San Diego region as a condition of employment or military service.

c. The property owner is required to live elsewhere to care for an immediate family member.

d. The property owner has received the property as the result of the settlement of an estate.

13 . Land Use Agreement. Concurrent with the issuance of building permits for the construction of an accessory dwelling unit, the property owner shall sign and notarize a land use agreement which sets forth the occupancy and use limitations prescribed in this section. This agreement will be recorded with the County of San Diego Recorder on title to the subject property. This agreement shall run with the land, and inure to the benefit of the City of Chula Vista.

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14. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

15. Recordation of a deed restriction is required, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

(a) A prohibition on the sale of the accessory dwelling unit separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers.

(b) A restriction on the size and attributes of the accessory dwelling unit that conforms to this section.

9.58.022(a) Junior Accessory Dwelling Units.

A. Definition: "Junior accessory dwelling unit" shall mean a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

1) B. In single-family residential zones, a junior accessory dwelling unit is permitted and shall meet all of the following: One junior accessory dwelling unit per residential lot zoned for single-family residences with a single-family residence already built, and no ADU or guest house exists on the lot.

2) Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3) Recordation of a deed restriction is required, shall run with the land, and shall be filed with the permitting agency, and shall include both of the following:

(a) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(b) A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this section.

4) A permitted junior accessory dwelling unit shall be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom.

5) A separate entrance from the main entrance to the structure is required, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation.

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6) An efficiency kitchen for the junior accessory dwelling unit is required, and shall include:

(a) A sink with a maximum waste line diameter of 1.5 inches.

(b) A cooking facility with appliances that do not require electrical service greater than 120 volts or natural or propane gas.

( c) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

C. Additional parking is not required for a junior accessory dwelling unit.

D. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

Section II.

Chapter 19.04 DEFINITIONS

19.04.087 Dwelling, accessory dwelling unit.

19.04.087 Dwelling, accessory dwelling unit. "Accessory dwelling units or junior accessory dwelling units" are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2.

Section III.

Chapter 19.20 AGRICULTURAL ZONE

19.20.030 Accessory uses and buildings. Accessory uses and buildings customarily incidental to any of the above uses permitted in the agriculture zone, subject to the regulations for such as required herein, include:

I. Accessory dwelling units, subject to the provisions of CVMC 19.58.022.

Section IV.

Chapter 19.22 R-E- RESIDENTIAL ESTATES ZONE

19.22.030 Accessory uses and buildings. Accessory uses and buildings customarily incidental to any of the above uses shall be permitted in the R-E zone subject to the regulations herein:

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H . Accessory dwelling units, subject to the provisions of CVMC 19.58.022;

Section V.

Chapter 19.24 R-1 - SINGLE-FAMILY RESIDENCE ZONE

19.24.030 Accessory uses and buildings. Accessory uses permitted in the R-1 zone include:

K. Accessory dwelling units, subject to the provisions of CVMC 19.58.022;

Section VI.

Chapter 19.26 R-2-ONE-AND TWO-FAMILY RESIDENCE ZONE

19.26.030 Accessory uses and buildings. The following are the accessory uses permitted in an R-2 zone:

G. Accessory dwelling units on lots developed with a proposed or single-family dwelling, subject to the provisions of CVMC 19.58.022;

Section VII.

Chapter 19.28 R-3 - APARTMENT RESIDENTIAL ZONE

19.28.030 Accessory uses and buildings. Accessory uses and buildings in the R-3 zone include:

H . Accessory dwelling units on lots developed with a proposed or single-family dwelling, subject to the provisions of CVMC 19.58.022.

Section VIII.

Chapter 19.48 P-C - PLANNED COMMUNITY ZONE

Sections: 19.48.145 P-C zone -Accessory dwelling units.

19.48.145 P-C zone - Accessory dwelling units. Accessory dwelling units may be permitted within single-family residential areas within the planned community zone subject to the provisions ofCVMC 19.58.022 and the provisions of the respective general development plans and sectional planning area plans for each particular planned community.

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Section IX. Severability


If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.

Section X. Construction

The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Section XI. Effective Date

This Ordinance shall take effect and be in force on the thirtieth day after its final passage.

Section XII. Publication

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

[SIGNATURES ON FOLLOWING PAGE]

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Presented by

1/DocuSigned by:

~ Kelly G. Broughton, F ASLA Director of Developmental Services

Approved as to form by

~

DocuSigned by:

~-&~ CF40650850444BE

Glen R. Googins City Attorney

PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of April 2018, by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

~ DocuSigned by:

L~ Kerry K. Bigelow, MMC, City Clerk

STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA )

Aguilar, Diaz, McCann, Padilla, and Salas

None

None

Mary Salas, Mayor

I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3423 had its first reading at a regular meeting held on the 10th day of April 2018 and its second reading and adoption at a regular meeting of said City Council held on the 24th day of April 2018; and was duly published in summary form in accordance with the requirements of state law and the City Charter.

5/7/2018 ~

DocuSigned by:

~ 3074O104FAF342F

Dated Kerry K. Bigelow, MMC, City Clerk

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Attachment C. ADU Ordinance, City of Pasadena

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17.50.275 - Accessory Dwelling Units

A. Applicability.

1. Any construction, establishment, alteration, enlargement, or modification of an accessorydwelling unit shall comply with the requirements of this section.

2. The Director or his designee shall review and approve, conditionally approve, or deny ministerialpermits for accessory dwelling units conforming to the provisions of this section within the timelimits specified by Government Code Section 65852.2 or successor provision.

B. Location standards.

1. Permitted zones. Accessory dwelling units are permitted in the following zoning districts:

a. One newly constructed accessory dwelling unit may be constructed on any legal parcel in aRS and RM zoning district that includes a proposed or existing single-family dwelling.

(1) Exception. Converted accessory dwelling units that meet all of the following criteriashall be permitted in all zoning districts that permit single-family residential uses:

a) The accessory dwelling unit is contained within a legally constructed existingspace (i.e., a fully enclosed area, including a garage) of a primary single-familydwelling or structure accessory to a primary single-family dwelling.

b) There is an independent exterior access from the existing residence.

c) Side and rear setbacks are sufficient for fire safety.

d) All applicable building and safety codes are met.

e) Only one accessory dwelling unit will exist on the site.

2. Minimum lot area.

a. Converted accessory dwelling unit. None.

b. Newly constructed accessory dwelling unit.

(1) RS zoning districts. One accessory dwelling unit may be constructed on any legalparcel of 7,200 square feet or more in size.

(2) RM zoning districts. One accessory dwelling unit may be constructed on any legal parcel, regardless of lot size.

3. Hillside Overlay District. Newly constructed accessory dwelling units are prohibited on parcelswithin the Hillside Overlay District (e.g., HD, HD-1, HD-SR).

4. Historic Districts. Accessory dwelling units are prohibited in historic districts (e.g., NationalRegister, Landmark, etc.) unless the accessory dwelling unit is one of the following:

a. A converted accessory dwelling unit; or

b. A newly constructed accessory dwelling unit that is not visible from the public right-of-way.

5. Individually Designated Historic Properties.

a. Newly constructed accessory dwelling units are prohibited on individually designatedhistoric properties.

b. Converted accessory dwelling units are permitted on individually designated historicproperties.

C. Operational standards.

1. Existing development. Accessory dwelling units shall only be built when there is an existingsingle-family residence (e.g., primary residence) on the site. If a site is vacant, an accessorydwelling unit may be constructed at the same time as the primary residence. Existing single-

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family structures shall not be demolished to allow for the construction of an accessory dwellingunit.

2. The property owner shall occupy one of the two units on the site as a primary residence.

3. Short-term rental prohibited. Any rental term of an accessory dwelling unit that was legallycreated on or after January 1, 2017 shall be longer than 30 days.

4. Sale of units. The accessory dwelling unit may not be sold separately from the existing single-family home.

5. Recorded covenant. Prior to issuance of a building permit for the accessory dwelling unit, theowner shall record a covenant in a form approved by the city to notify subsequent owners of therequirements of this Section.

D. Development standards. Except as identified in this Subsection, accessory dwelling units shallcomply with all of the development standards (e.g., encroachment plane, floor area, height, lotcoverage, setbacks, etc.) that apply to the primary residence.

1. Converted Accessory Dwelling Units.

a. Unit size.

(1) Minimum unit size. None.

(2) Maximum unit size. None.

b. Setback requirements. No setback shall be required for an existing structure, or portionthereof, that is converted to an accessory dwelling unit unless it is required to providesufficient fire safety as required by Section 17.50.275.B.1.a.(1c).

c. Building separation. No minimum building separation requirement.

d. Separate access. An accessory dwelling unit shall provide separate exterior access fromthe existing primary residence. Entry doors cannot be on the same facade as the entrydoor of the primary residence, unless this requirement prevents creation of the accessorydwelling unit.

e. Windows and doors for historic properties. Windows and doors (including opening andgarage doors) for historic properties that are original to the structure are required to beretained, unless this requirement prevents creation of the accessory dwelling unit.

2. Newly Constructed Accessory Dwelling Units.

a. Unit size.

(1) Minimum unit size. The accessory dwelling unit shall be no less than 150 squarefeet in size.

(2) Maximum unit size.

a) For parcels less than 10,000 square feet in size: 800 square feet or 50 percent ofthe proposed or existing primary dwelling living area (i.e., all fully enclosed area,excluding garages and detached structures), whichever is less.

b) For parcels equal to or greater than 10,000 square feet in size: 1,200 square feetor 50 percent of the proposed or existing primary dwelling living area (i.e., all fullyenclosed area, excluding garages and detached structures), whichever is less.

c) Properties in RM zoning districts with an affordability covenant/agreementapplicable to the ADU per the City's Inclusionary Housing Regulations:

i. For parcels less than 10,000 square feet in size: 800 square feet or 75percent of the proposed or existing primary dwelling living area (i.e., all fullyenclosed area, excluding garages and detached structures), whichever isless.

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ii. For parcels equal to or greater than 10,000 square feet in size: 1,200 squarefeet or 75 percent of the proposed or existing primary dwelling living area(i.e., all fully enclosed area, excluding garages and detached structures),whichever is less.

b. Site planning. A detached accessory dwelling unit shall be located behind the rearbuilding line of the primary residence, and be clearly subordinate by location and size.

c. Setback requirements. The minimum required setbacks shall comply with Section17.22.040, except that the minimum rear yard setback shall be no less than 10 feet. Aminimum setback of five feet from the side and rear property lines shall be required for anattached accessory dwelling unit that is constructed above an attached garage.

d. Building separation. A minimum building separation of six feet shall be maintained (eaveto eave) between the primary residence and a detached accessory dwelling unit.

e. Maximum height. A newly constructed detached accessory dwelling unit shall be limited toa height of one story, not to exceed 12 feet to the top plate and 17 feet to the highestridgeline.

(1) Exception. A newly constructed attached accessory dwelling unit may extend to aheight of two stories, per the maximum allowed height in Section 17.22.040, if theexisting primary residence is two stories in height.

E. Parking and circulation standards.

1. Required parking. One additional parking space shall be provided on-site for the accessorydwelling unit. The on-site parking space required for the accessory dwelling unit may beprovided as covered, uncovered, or as tandem parking on an existing driveway.

a. Exception. No additional parking space is required for an accessory dwelling unit if itmeets any of the following conditions:

(1) The accessory dwelling unit is located within one-half mile of a public transit stop;

(2) The accessory dwelling unit is contained within legally constructed existing space(i.e., all fully enclosed area, including a garage) of the primary dwelling or accessorystructure, as specified in Section 17.50.275.B.1.a.(1);

(3) When on-street parking permits are required per the City's Preferential ParkingPermit District requirements but are not offered to the occupant of the accessorydwelling unit; or

(4) When there is a commercial car share vehicle pick-up and drop-off location locatedwithin one block of the accessory dwelling unit.

2. Replacement parking. If an existing garage or carport serving as the required parking for theprimary dwelling unit is demolished in conjunction with the construction of an accessory dwellingunit, the required replacement parking spaces for the primary residence may be provided ascovered, uncovered, or as tandem parking on an existing driveway.

3. Overnight parking permit. No overnight parking permits shall be issued for a property with anaccessory dwelling unit approved under these provisions.

4. Driveway access. An accessory dwelling unit shall share the driveway with the existing primaryresidence on the site. A second driveway shall only be allowed from an alley, if there is an alleythat serves the subject site.

F. Mature trees.

1. Any "mature tree," as defined by Section 8.52.020 of the Pasadena Municipal Code, in aprotected zone shall be replaced at a one-for-one ratio if it is proposed to be removed in orderto construct a Newly Constructed Accessory Dwelling Unit.

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(Ord. 7321 § 4, 2018; Ord. 7295 § 4, 2017)

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Attachment D. ADU Ordinance, City of Monterey

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Meeting Date:

Agenda Item Title

December 5, 2018 Agenda Item Number 7.4

SB2 Planning Grant Fund Discussion




PROJECT DESCRIPTION: Discussion of SB2 Planning Grant Funding.

STAFF RECOMMENDATION:

This item is being presented for discussion only. It is not being brought for action at this time. SB2 funding could be a highly useful funding source for updating the City of Ferndale’s Housing Element, Land Use Element, or Zoning Code. The funding is non-competitive but is linked to reducing barriers to housing creation/accelerating housing production. Staff recommends focusing pre-meeting review on the five “priority policy areas” outlined below, and considering which of the five strategies, if any, Ferndale could realistically target when updating its planning documents. These strategies will then be discussed at the meeting. If the Commission can reach a consensus on which priority policy area(s) make the most sense for Ferndale, their recommendation may be forwarded to Council in early 2019.

BACKGROUND:

Senate Bill (SB) 2 was part of a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (Department) to use 50 percent of the revenue in the first year to establish a program that provides financial and technical assistance to local governments to update planning documents and zoning ordinances in order to streamline housing production, including, but not limited to, general plans; community plans; specific plans; implementation of sustainable communities strategies; and local coastal programs. Eligible uses also include new environmental analyses that eliminate the need for project-specific review and local process updates that improve and expedite local permitting.

“Streamlined Housing Production” means modifying the entitlement process through removing, mitigating or minimizing local regulatory requirements, such as reforming the local approval process to reduce processing times, the number of local discretionary approvals and permits needed for projects, improving approval certainty, establishing non-discretionary processes, other efforts to reduce costs and taking the fullest advantage of existing streamlining mechanisms provided in state law.

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The Program does not use a competitive process to award funds. The minimum award is $50,000. The maximum award amount is $125,000 for small localities (less than 60,000 people).

Funded activities are intended to achieve the following program objectives:

• Accelerate housing production• Streamline the approval of housing development• Facilitate housing affordability, particularly for lower and moderate-income households• Promote development consistent with the State Planning Priorities

Nexus to accelerating housing production The applicant must propose and document plans or processes that accelerate housing production. The application must demonstrate a significant positive effect on accelerating housing production through timing, cost, approval certainty, entitlement streamlining, feasibility, and impact on housing supply and choices. An application not utilizing priority policy areas must include an explanation and documentation of the nexus based on a reasonable and verifiable methodology and must utilize the Department’s form (see Attachment 1).

Applicants must demonstrate that the locality is consistent with the State Planning or Other Planning Priorities. “State Planning Priorities” means priorities which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including in urban, suburban, and rural communities pursuant to Gov. Code Section 65041.1. Consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding) that were completed within the last five years. Applicants must self-certify utilizing the Department’s form (see Attachment 2).

Eligible activities Using Nexus Eligible Activities must demonstrate a nexus to accelerating housing production and may include:

1. Updates to general plans, community plans, specific plans, local planning related toimplementation of sustainable communities’ strategies, or local coastal plans;

2. Updates to zoning ordinances;3. Environmental analyses that eliminate the need for project-specific review; and4. Local process improvements that improve and expedite local planning.

The Five Eligible Activities Using Prioritized Policy Areas Applicants proposing priority policy areas do not require a nexus demonstration and are automatically deemed to accelerate housing production without any documentation.

“Priority Policy Areas” means any of the following:

1. By-right zoning: Rezoning for additional housing capacity and establishing by-rightzoning to permit residential development, particularly multifamily, without discretionaryaction.

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2. Objective design and development standards: Developing objective design standards orpre-approved site and architectural plans that facilitate non-discretionary permitting.

3. Specific plans and CEQA streamlining: Designating and rezoning for additional housingcapacity or preparing specific plans and plan-level environmental analysis that can beused to streamline future housing projects.

4. Accessory Dwelling Units and other innovative building strategies: Encouraging ADUsand other innovative building types through ordinances, outreach, fee waivers, pre-approved plans, website zoning clearance assistance, and other homeowner tools orfunding.

5. Expedited permit processing: Speeding up approvals and permit processing, includingprograms that streamline or consolidate the review process or create a separate processfor expedited review of housing projects.

Application Review and Award A Notice of Funding Availability (NOFA) is anticipated to be released in May 2019. Funds will be available for a six-month over-the-counter period, commencing from the application due date. The Department may extend the over-the-counter period. Applicants must submit an application to be eligible for funding. An application form will be available upon release of the NOFA and will at least include forms to demonstrate meeting threshold requirements, a proposed budget and timeline and letters of support from key stakeholders and decision-makers in the adoption process. The end of the grant term will be determined by the state based on the availability of grant funds and the administrative requirements for liquidation. The anticipated grant term runs through June 30, 2022.

For more information, please review the full SB 2 Year One Draft Guidelines at http://www.hcd.ca.gov/policy-research/docs/sb2-plng-grant-draft-guidelines.pdf

ATTACHMENTS:

Attachment 1. “Nexus to Accelerating Housing Production” Form Attachment 2. “State Planning and Other Planning Priorities” Form

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http://www.hcd.ca.gov/policy-research/docs/sb2-plng-grant-draft-guidelines.pdf

CA HCD - 15 - SB 2 Planning Grants Program Year 1 Guidelines

Attachment 1

Nexus to Accelerating Housing Production Form

(Only for proposals not using the prioritypolicy areas)

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Department of Housing and Community Development 1 SB 2 Planning Grants

City or County: ____________________________ Planned Activity: ____________________________

Applicants shall demonstrate how the application includes a nexus to accelerating housing production. Applicants selecting priority policy areas are automatically deemed to demonstrate a nexus to accelerating housing production and do not need to complete this form. Please complete the following chart by providing information about the current conditions and expected outcomes with respect to the planned activity and housing production.

Application Nexus to Accelerating Housing Production Type (Select At least One) Baseline* Projected** Difference*** Additional notes

Timing

Development cost

Approval certainty and reduction in discretionary review

Entitlement streamlining (e.g., number of approvals)

Feasibility of development

Impact on housing supply

* Baseline – current conditions in the jurisdiction (e.g. 6-month development application review)**Projected – expected conditions in the jurisdiction because of the planning grant actions (e.g. 2-month development application review)***Difference – Potential change resulting the planning grant actions (e.g., 4-month acceleration in permitting, creating a more expedient development process)

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Attachment 2 State Planning and Other Planning Priorities Form

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City or county: ____________________________

Applicants shall report on meeting state objectives by showing completed activities in one or more of the State Planning Priorities (i.e., Infill and Equity, Resource Protection, Efficient Development Patterns) or Other Planning Priorities (i.e., Affordability, Conservation, Climate Change)

Please select one or more of the areas in the following chart by marking X in the completed box and describe the action and completion date.

STATE PLANNING PRIORITIES

(Select one or more) Action Completed Describe Action and

Completion Date

Promote Infill and Equity Rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas. Seek or utilize funding or support strategies to facilitate opportunities for infill development.

Other (describe how this meets subarea objective)

Promote Resource Protection

Protecting, preserving, and enhancing the state’s most valuable natural resources, including working landscapes such as farm, range, and forest lands, natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open space, and landscapes with locally unique features and areas identified by the state as deserving special protection.

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Actively seek a variety of funding opportunities to promote resource protection inunderserved communities.


Encourage Efficient Development Patterns

Ensuring that any infrastructure associated with development, other than infilldevelopment, supports new development that does the following:(1) Uses land efficiently.(2) Is built adjacent to existing developed areas to the extent consistent withenvironmental protection.(3) Is located in an area appropriately planned for growth.(4) Is served by adequate transportation and other essential utilities andservices.(5) Minimizes ongoing costs to taxpayers.


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OTHER PLANNING PRIORITIES

(Select one or more) Action Completed Describe Action and

Completion Date

Affordability and Housing Choices

Incentives and other mechanisms beyond State Density Bonus Law toencourage housing with affordability terms.

Efforts beyond state law to promote accessory dwelling units or other strategiesto intensify single-family neighborhoods with more housing choices andaffordability.Upzoning or other zoning modifications to promote a variety of housing choicesand densities.

Utilizing surplus lands to promote affordable housing choices.


Conservation of Existing Affordable Housing Stock

Policies, programs or ordinances to conserve stock such as an at-riskpreservation ordinance, mobilehome park overlay zone, condominiumconversion ordinance and acquisition and rehabilitation of market rate housingprograms.

Policies, programs and ordinances to protect and support tenants such as rentstabilization, first right of refusal policies, resources to assist tenant organizationand education and “just cause” eviction policies.

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Climate Adaptation

Building standards, zoning and site planning requirements that address flood andfire safety, climate adaptation and hazard mitigation.

Long-term planning that addresses wildfire, land use for disadvantagedcommunities, flood and local hazard mitigation.

Community engagement that provides information and consultation through avariety of methods such as meetings, workshops, surveys and that focuses onvulnerable populations (e.g., seniors, people with disabilities, homeless, etc.).


I certify under penalty of perjury that all of the information contained in this SB 2 Planning Grants State Planning and Other PlanningPriorities Form is true and correct.

Certifying official’s name: ____________________________________

Certifying official’s title: ________________________

Certification date: __________________

Certifying official’s signature: _______________________________________

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building and land use permits 11.28.18

Business Item 7.5- Building and Land Use Permits

BUSINESS ITEM November 1, 2018-November 28, 2018 Building Permits

B1863 710 5th Street New SFR B1864 Ferndale Housing Electrical B1865 582 Main Street Commercial Sink B1866 451 Schley Electrical

NOTE: Staff will bring the Building Permit Book to the Planning Commission meetings so that any of the commissioners, or public, can view any permits that have been issued.

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Meeting Date: December 5, 2018 Agenda Item Number 7.2

Agenda Item Title Design Review Committee Report & Minutes

Presented By: Commissioner Representatives Paul Gregson & Ellin Beltz

Type of Item: Action x Discussion Information

Action Required: x No Action Voice Vote Roll Call Vote

RECOMMENDATION:

Receive and file

BACKGROUND:

Chairman Von Frausing-Borch and staff have discussed having the two Planning Commissioners that represent the Design Review Committee report on items of interest. This will be an on-going item on the agenda.

ATTACHMENTS:

1. Minutes of the 10/25/2018 Design Review Committee2. Minutes of the 11/15/2018 Design Review Committee

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City of Ferndale, Humboldt County, California USA Design Review Minutes for the 10/25/2018 Agenda - 8:30am meeting

Chair Jeff Farley opened the meeting at 8:31 a.m. Committee Members Marc Daniels, Paul Gregson, and Ellin Beltz were present along with City Clerk Kristene Hall and City Planners Stephen Avis and Delo Freitas. City Planner introduced new City Planner Delo Freitas to the Committee. Modifications to the Agenda: None Approval of Previous Minutes: MOTION: to Approve the minutes of the September 20, 2018 Design Review Meeting. (Daniels/Gregson) Unanimous Public Comments: No Comment 1101 Main St (discussion): The design review committee was presented with a potential design for a new garage/workshop on the property located at 1101 Main Street. Staff explained the Bradfords were looking for suggestions and concerns before filing an application. He committee expressed concerns over the potential design due to concerns of the look being very controversial due to the style of architecture. Committee member Daniels stated that a similar design had previously been submitted and was denied by the committee in recent history. The Committee also noted the style of the roofline was not harmonious with the area. Committee also added that they were not opposed to the windows presented. The Bradfords will redesign and bring the item back to the committee for discussion. Update on Solar Panels: The Design Committee was presented with materials related to the updates of new California laws regarding regulations for the reviewing and permitting of solar panels. City Planner Steven Avis and the Committee discussed options on how to encourage aesthetics when it comes to Solar Panels with the possibility of Design Guidelines for property owners and solar installers. Update of Accessory Dwelling Units (ADU’s): The Design Review Committee was presented with materials related to the updates on California Laws regarding ADU’s. City Planner Delo Freitas went over new state laws that now streamline ADU’s due to California’s housing needs. Freitas added that state law now states that the process would not need to go through any design review process. Freitas added that the City can create an Ordinance that would require certain restrictions, but that ordinance would have to be approved by the Department of Housing and Community Development. The Committee stated many concerns on this issue and hopes to get an Ordinance in place soon. Correspondence: Staff stated that Committee Member Kerry Chartkoff had resigned. Committee Member Comments: Committee Members stated that they were very sorry to see Committee Member Chartkoff resign. Committee Members asked that a recognition letter be prepared. City Planner Stephen Avis stated he would get that letter together for the Committee.

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Meeting adjourned at 9:30 am Respectfully submitted, Kristene Hall City Clerk

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City of Ferndale, Humboldt County, California USA Design Review Minutes for the 10/25/2018 Agenda - 8:30am meeting

Chair Jeff Farley opened the meeting at 8:31 a.m. Committee Members Marc Daniels and Paul Gregson were present along with City Clerk Kristene Hall. Modifications to the Agenda: Item C, 582 Main Street was moved to the top of the business item agenda. Approval of Previous Minutes: MOTION: to Approve the minutes of the October 25, 2018 Design Review Meeting. (Gregson/Daniels) Unanimous Public Comments: No Comment 582 Main Street: The Design Review Committee was presented with an application to hang new business signage on existing brackets in front of the business at 582 Main Street. The applicant was present with the proposed sign for the committee to review. Committee members all agreed the sign was very nice and compliant with the design standards. MOTION: to make the required findings of fact listed in Attachment A to APPROVE the Design Review Use Permit Application, subject to the conditions of approval listed in Attachment B, to hang new business signage on the existing brackets using the approved sign as specified in the application. (Gregson/Daniels) Unanimous 1101 Main St (discussion): The Design Review Committee was presented with a potential design for a new garage/workshop on the property located at 1101 Main Street. The applicants were given suggestions at the October 25, 2018 meeting by the Design Committee and redesigned the garage/workshop based on the committee’s suggestions. The committee members were in agreeance that the new design was much more harmonious and that it looked very nice. 778 Main Street: The Design Committee was presented with an application to construct a redwood fence from the side of the residence to the property line and back to the rear yard. Committee members agreed the fence was a nice addition to the property. MOTION: to make the required findings of fact listed in Attachment A to APPROVE the Design Review Use Permit Application, subject to the conditions of approval listed in Attachment B, to construct a redwood fence on the property as specified in the application. (Daniels/Farley) Unanimous Correspondence: None Committee Member Comments: None Meeting adjourned at 8:40 am Respectfully submitted, Kristene Hall City Clerk

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Section 8: CORRESPONDENCE

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Section 9: COMMISSIONER COMMENTS

Section 10: STAFF REPORTS

Section 11: ADJOURNMENT

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