Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime Incorporated April 13, 1854 web: www.crescentcity.org WORKSHOP AGENDA Thursday, September 9, 2021 at 5:30 p.m. VIRTUAL VIA ZOOM MEETINGS Due to the current public health emergency resulting from COVID-19, the public may access and participate in the public meeting using one or more of the following two methods:(1) participate online via Zoom–details to join the meeting will be on both the City of Crescent City–City Hall Facebook page as well as the City of Crescent City website (www.crescentcity.org); and (2) submit comments via publiccomment@crescentcity.org; or submit a written comment by filing it with the City Clerk at 377 J Street, Crescent City, California 95531 prior to 4:00 pm, September 9, 2021. If you require a special accommodation, please contact Robin Patch at (707) 464-7483 ext.223 ZOOM PHONE NUMBER: (253) 215-8782 WEBINAR ID: 856 8996 2734 I. CALL TO ORDER: ROLL CALL: II. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). III. CONSENT CALENDAR: None. IV. WORKSHOP: Discussion of draft Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance V. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief PLANNING COMMISSION AGENDA announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. VI. ADJOURNMENT: Adjourn to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee. Next meeting scheduled for Thursday October 14, 2021 at 5:30 p.m. via Zoom. POSTED: September 3, 2021 By: Robin Patch City Clerk PLANNING COMMISSION AGENDA  Crescent City Planning Commission September 9, 2021 Staff Report Agenda Item# IV Project: Development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Ordinance Introduction: This Workshop regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Ordinance is a result of the recent California Legislative actions and Crescent City Council Priorities. Below is an outline of the draft ordinance: • Purpose (17.49.010) • Definitions (17.49.020) • ADU/JADU Principally Permitted (17.49.030) • ADU/JADU Use Permits Required (17.49.040) • ADU/JADU Permitting Procedures (17.49.050) • Existing ADU/JADU (17.49.060) • ADU Development Standards (17.49.070) • JADU Development Standards (17.49.080) No Actions Required: Staff recommends the Planning Commission here the presentation and review the draft ordinance (attached) and is prepared to discuss and provide direction to Planning Staff concerning development of an Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Ordinance during the next Planning Commission meeting. After the Planning Commission’s future action, the Ordinance will be sent to the City Council for review, reading, and action. Based on the current draft, below is a discussion of additional direction that is needed from the Planning Commission, at the next Planning Commission Meeting, to develop a draft Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Ordinance: 1. Number: a. Section 17.49.030: Need direction in allowing one ADU and one JADU vs. one ADU or one JADU. (Page 2) 2. Size: a. Section 17.49.070(C)(2) & Section 17.49.070(F)(2): Need direction on size limitations [ex. 1,200-sq. ft.]. (Pages 5 & 6) 3. Height: a. Section 17.49.070(E): Need direction on height limitations [ex. 16-ft]. (Page 6) 4. Lot Coverage: a. Section 17.49.070(F): Need direction on lot coverage limitations [ex. same as zoning?]. (Page 6) 5. Parking: a. Section 17.49.070(G): Need direction on requiring, or not requiring, replacement parking spaces for existing primary residence for an ADU. (Page 7) b. Section 17.49.080(D)(7): Need direction on requiring, or not requiring, replacement 1  parking spaces for existing primary residence for a JADU. (Page 9) 6. Owner Occupancy: a. Section 17.49.070(K): Need direction on requiring, or not requiring, owner occupancy after January 1, 2025, for ADU’s. (Page 7) b. Section 17.49.080(C): Need direction on requiring, or not requiring, owner occupancy after January 1, 2025, for JADU’s. (Page 9) 7. Optional Discussion Items: a. Optional Privacy Screening b. Optional ADA adaptability/accessibility Link to State Guidelines https://www.hcd.ca.gov/policy-research/docs/ADU_December_2020_Handbook.pdf 2  DRAFT (August 12, 2021) Crescent City Municipal Code Chapter 17.49 Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Ordinance The City recognizes the importance of a suitable living environment for all residents. The State Legislature has declared that ADUs/JADUs are a valuable form of housing in California. In 2019, the California Legislature approved, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law, which amended Government Code sections 65852.2 and 65852.22 to impose new limits on the City’s ability to regulate ADUs/JADUs. This Ordinance will impact the following sections of the Crescent City Municipal Code (CCMC) sections: Definitions (17.40), Zone R-1 (17.10), Zone R-2 (17.14), Zone R-3 (17.16), and Zone R-P (17.18). 17.49.010 Purpose and Intent. The purpose of the accessory dwelling unit (ADU) regulation is to clearly define what is considered an ADU or Junior ADU (JADU); to identify locations and standards for ADU’s and JADU’s in residential zones; to identify requirements for ADU’s and JADU’s to provide flexibility in housing options, an opportunity for the development of small rental units, to provide relatively affordable housing for low- and moderate-income individuals and families, to provide economic support for property owners and to provide rental units while protecting the integrity, value and character of residential neighborhoods and public health and safety concerns. ADU’s and JADU’s in compliance with the California Government Code sections 65852.2 and 65852.22; may be permitted, subject to the regulations governing the underlying zoning district, and the requirements set forth in this chapter.1 17.49.020 Definitions. As used in this chapter, the following terms and phrases are defined as follows: A. “Accessory building” means a structure that is accessory and incidental to a dwelling located on the same lot.2 Construction of said structure may only commence upon the completion of construction of certain portions of the main building. B. “Accessory dwelling unit” (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the 1 Note: the State revises their ADU requirements from time to time and may supersede this local ordinance section. 2 Government Code §65852.2(j)(2) Ordinance No. __ Page 1 of 10  following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.3 C. “Converted Existing Space” means a space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. D. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.4 E. “Floor Area” means the area of the floor, as measured by the outside surface of exterior walls of the living space. F. “Junior Accessory Dwelling Unit” means a specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence. G. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.5 H. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.6 I. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.7 J. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.8 K. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.9 17.49.030 ADU/JADU Principally Permitted. One ADU/JADU may be located on any residentially zoned site which either contains a primary unit or proposed development of a primary unit. ADU/JADUs are not required to meet the density requirements of the General Plan or zoning ordinance. ADU/JADUs are permitted under the following: A. ADU/JADUs are permitted in all residential zones that principally permit single and multi-family housing. 3 Government Code §65852.2(j)(1) 4 Government Code §65852.2(j)(3) 5 Government Code §65852.2(j)(4) 6 Government Code §65852.2(j)(6) 7 Government Code §65852.2(j)(8) 8 Government Code §65852.2(j)(9) 9 Government Code §65852.2(j)(10) Ordinance No. __ Page 2 of 10  B. ADU/JADUs may be rented separate from the primary residence but is not to be sold or conveyed otherwise as separate from the primary residence. C. ADU/JADUs must be located within the lot lines of the primary dwelling unit. D. ADU/JADUs Development Permit Application, and fees, must be submitted to and approved by Planning Staff. Any application for an ADU/JADU that meets all standards in Sections 17.49.070/17.49.080 of this chapter shall be approved ministerially without discretionary review or public hearing. E. Utility Fees: a. If an ADU/JADU is constructed with a new single-family home, a separate utility connection directly between the ADU/JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.10 See current fee schedule.11, 12 b. If an ADU/JADU is constructed with an existing single-family home, a new or separate utility connection directly between the ADU/JADU and the utility is not required. Nor is a connection fee or capacity charge required.13 F. Before obtaining a building permit for an ADU/JADU, the property owner shall file with the county recorder a declaration or an agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: a. The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.14 b. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.15 17.49.040 ADU/JADU Use Permits Required. A use permit shall be required in accordance with this Chapter and Chapter 17.56 of the Crescent City Zoning Ordinance for establishment of an ADU/JADU which does not meet all the development standards contained or referenced in this chapter Sections 17.49.070/17.49.080. The City Engineer may impose additional conditions as needed to ensure compliance with regulations and to reduce adverse impacts to surrounding neighborhood properties. 17.49.050 ADU/JADU Permitting Procedures. 10 Government Code §65852.2(f)(4) 11 Government Code §65852.2(f)(3)(A) 12 Government Code §65852.2(f)(3)(A) 13 Government Code §65852.2(f)(5) 14 Government Code §65852.2(a)(1)(D)(i) 15 Government Code §4751(a)&(b) Ordinance No. __ Page 3 of 10 For ADU/JADUs that do not meet the standards contained in Sections 17.49.070/17.49.080 a use permit shall be required according to Chapter 17.54 of the Crescent City Zoning Ordinance. The decision of the City Planning Department and / or the Planning Commission may be appealed in accordance with Section 17.54.050 of the Crescent City Zoning Ordinance. A. Step One – Submittal. Applications for ADU/JADUs, and the ADU/JADU application fee, shall be submitted to the City Clerk’s Office on a City of Crescent City ADU/JADU Application. The City shall provide submittal requirements along with the application. B. Step Two – Review. Upon receipt of a complete application, a ministerial review of the application with take no longer than 60 days to determine conformity to the development standards of Sections 17.49.070/17.49.080 of herein to the satisfaction of the City Planning Department.16 Any application that does not meet the development standards of Sections 17.49.070/17.49.080 of herein may request to obtain a CUP per section 17.49.040. C. Step Three – Issuance. A ministerial permit shall only be issued for an ADU/JADU if the application conforms to all the specific standards contained in Sections 17.49.070/17.49.080. 17.49.060 Existing ADU/JADU. A. Nonconforming ADU/JADU’s 1. Legal, nonconforming ADU/JADU’s, those established prior to the certification of the City’s Zoning Ordinance, shall maintain their nonconforming status and shall be subject to all the nonconforming regulations in Chapter 17.50 of the Crescent City Zoning Ordinance, unless a permit application for an ADU/JADU is approved by the City Planner through a development permit or by the Planning Commission through a use permit for that unit. If such permit is granted, then the ADU/JADU shall no longer be considered nonconforming and shall be subject to all the regulations of this Chapter (17.49). 2. Units that cannot meet all the development standards of Sections 17.49.070/17.49.080 may be granted an exception if, in the opinion of the Planning Commission, findings can be made and all feasible measures to meet the development standards have been made. The Planning Commission has authority to issue a use permit for non-conforming units. B. Illegal ADU/JADU’s 1. Owners of illegal ADU’s, those that were constructed or converted after the certification of the City’s Zoning Ordinance, without Planning Commission approval, have a grace 16 Government Code §65852.2(a)(3) Ordinance No. __ Page 4 of 10  period through January 1, 2025, in which to apply for an ADU permit from the City.17 In addition to meeting the development standards of Sections 17.49.070/17.49.080 or receiving approval of a use permit, they must also conform to the following requirements: (a) Units must be inspected by the City Building Official for compliance with building code, health and safety requirements, and upgraded to meet those requirements, which may include building permits and fees. (b) Units that cannot meet all the development standards of Sections 17.49.070/17.49.080 may be granted an exception if, in the opinion of the Planning Commission, findings can be made that all feasible measures to meet the development standards have been made. 2. If an illegal ADU is not registered within the timeframe set forth above, then when discovered the City may immediately begin Nuisance Abatement against the property according to Chapter 8.08. 17.49.070 ADU Development Standards An ADU permit will be issued only if it complies with all the following development standards: A. Existing Development: A single-family or multi-family dwelling must exist on the site or proposed to be constructed on the site in conjunction with the construction of the ADU.18, 19 B. Number per Building Site: A maximum of one ADU shall be permitted on any one parcel or lot. A detached ADU is not considered an accessory building or accessory use. Additional ADUs may be granted with a use permit. C. Unit Size: The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling (including attached garages, storage areas or similar uses), or an accessory building (attached or detached from the proposed or existing primary dwelling) and located on the same lot as the proposed or existing primary dwelling are subject to the following sizes limitations:20 1. A minimum of 150 square feet is required for either an attached or detached ADU.21 2. A maximum of 1,200 square feet is allowed for either an attached or detached accessory dwelling unit.22 17 Government Code §65852.2(n) 18 Government Code §65852.2(a)(1)(D)(ii) 19 Government Code §65852.2(a)(2) 20 Government Code §65852.2(a)(1)(D)(iii) 21 Government Code §65852.2(c)(2)(A) 22 Government Code §65852.2(c)(2)(B) Ordinance No. __ Page 5 of 10  3. An ADU exceeding subsection (1) or (2) above shall require a use permit and/or a variance permit. D. Setbacks: The front yard setback requirements of the zoning district in which the ADU is located shall apply along with the following: 1. A new ADU shall be required to have a minimum of four (4) foot setbacks from the side and rear lot lines.23 2. A converted ADU shall require no setbacks.24 3. A detached ADU shall be located at least five (5) feet from any other building. E. Height: An ADU is subject to the following height standards: 1. Attached ADU: shall not be greater in height than the primary unit.25 2. Detached ADU: shall be no greater than 16 feet in height.26 3. An ADU exceeding subsection (1) or (2) above shall require a use permit and/or a variance permit. F. Lot Coverage and Floor Area: The lot coverage limitations of the zoning district in which the ADU is located shall apply along with the following: 1. Attached ADU: If there is an existing or proposed primary dwelling, the total floor area of an attached ADU shall not exceed 50 percent of the existing or proposed primary dwelling.27 2. Detached ADU: The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.28 3. An ADU exceeding subsection (1) or (2) above shall require a use permit and/or a variance permit. G. Off-Street Parking: 1. No parking is required for an ADU.29, 30 23 Government Code §65852.2(a)(1)(D)(vii) 24 Government Code §65852.2(a)(1)(D)(vii) 25 Government Code §65852.2(c)(2)(C) 26 Government Code §65852.2(c)(2)(C) 27 Government Code §65852.2(a)(1)(D)(iv) 28 Government Code §65852.2(a)(1)(D)(v) 29 Government Code §65852.2(d)(1) 30 Government Code §65852.2(d)(3) Ordinance No. __ Page 6 of 10  2. No replacement parking is required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an ADU.31 H. Permanent Foundation: A permanent foundation shall be required for all ADUs. I. Architectural Compatibility: 1. The ADU subject to a use permit shall incorporate the same or similar architectural features and building materials as the main dwelling unit or dwellings located on adjacent properties and shall be consistent with the City of Crescent City Site Plan and Architectural and Review findings (see CCMC 17.46). J. Utilities. All utilities for detached units shall be installed underground. 1. An ADU constructed with a new single-family home shall install a new or separate utility connection directly between the ADU and primary residence32 (see current fee schedule). 2. If the proposed ADU utilizes an onsite wastewater treatment system (OWTS), then, prior to issuance of a building permit, the applicant shall submit certification by the Health Department, that the existing OWTS is of adequate size and condition to support projected sewage flow for both the primary unit and ADU. If the capacity or condition of the existing OWTS is found to be inadequate to serve the existing and proposed units on the property, the OWTS shall be replaced or upgraded to meet current standards, at the expense of the applicant. A percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years may be required.33, 34 K. Occupancy. 1. The property owner is not required to live on-site until January 1, 2025. However, the principal place of residence of the property owner shall be either the ADU or the primary unit starting January 1, 2025.35, 36 2. A certificate of occupancy for an ADU shall not be issued prior to issuing a certificate of occupancy for the primary dwelling.37 L. Other. 31 Government Code §65852.2(a)(1)(B)(xi) 32 Government Code §65852.2(f)(4) 33 Government Code §65852.2(a)(1)(D)(ix) 34 Government Code §65852.2(e)(6) 35 Government Code §65852.2(e)(4) 36 Government Code §65852.2(k) 37 Government Code §65852.2(k) Ordinance No. __ Page 7 of 10  1. Local building and fire code requirements that apply to attached and detached dwellings, as appropriate.38 2. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.39 i. All new residential units require sprinkler protection per the 2019 California Building Standard Codes, however 2016 California Senate Bill 1069 exempts accessory dwelling units (ADUs) compliant with this Senate Bill from sprinkler protection when the primary dwelling unit is not sprinkler protected. ii. Detached ADUs only require sprinkler protection when the primary dwelling unit is sprinkler protected. For duplexes and multiple dwelling unit (MDU) building sites adding an ADU, the primary dwelling unit is considered the entire duplex or the MDU building. iii. Attached ADUs always require sprinkler protection when the primary dwelling unit is sprinkler protected. The following attached ADUs do not require sprinkler protection when the primary dwelling unit is not sprinkler protected: a. ADU attached to a single-family home. b. ADU attached to a duplex (two-family dwelling) created by converting existing, permitted space. California Existing Building Code (CEBC), Section 506.1 allows for a change of occupancy without compliance with all of the requirements of the code for the new occupancy when the new use is less hazardous. c. ADU attached to an MDU created by converting the existing permitted space. 3. Solar panels requirements: i. Newly constructed ADUs are subject to the California Energy Code requirement to provide solar panels if the unit(s) is a newly constructed, non-manufactured, detached ADU. Per the California Energy Commission (CEC), the panels can be installed on the ADU or on the primary dwelling unit.40 ii. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached 38 Government Code §65852.2(a)(1)(D)(viii) 39 Government Code §65852.2(a)(1)(D)(xii) 40 Energy Code Section 150.1(c)14 Ordinance No. __ Page 8 of 10  building is converted from non-residential to residential space, are not subject to the California Energy Code requirement to provide solar panels. 17.49.080 JADU Development Standards. A. A single JADU may be permitted in conjunction with an existing, previously constructed single- family residence on lots zoned for single- family or multifamily use.41, 42 B. A JADU shall not be sold separately from the primary residence.43 C. The owner of a lot with a JADU shall occupy as a principal residence either the primary dwelling or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency, a land trust, or housing organization in an effort to create affordable housing.44 D. Junior Accessory Dwelling Unit Development Standards 1. A JADU shall not exceed 500 square feet in total floor area.45 2. A JADU shall be contained entirely within an existing single-family residence.46 3. Creation of a JADU must include the conversion of an existing bedroom or garage.47 4. A JADU may be provided with a separate exterior entry.48 5. A JADU shall maintain an interior connection to the main living area of the primary residence shall be maintained. A second door may be added for sound attenuation. 6. A JADU shall include an efficiency kitchen.49 7. No additional parking shall be required for a JADU other than that required for the existing primary residence.50 E. Except as provided herein, a JADU shall comply with all local building and fire code requirements, as appropriate. 41 Government Code §65852.22(a) 42 Government Code §65852.22(a)(1) 43 Government Code §65852.22(a)(3) 44 Government Code §65852.22(a)(2) 45 Government Code §65852.22(a)(1) 46 Government Code §65852.22(a)(4) 47 Government Code §65852.22(a)(1), (a)(4), and (h)(1) 48 Government Code §65852.22(a)(5) 49 Government Code §65852.22(a)(6) 50 Government Code §65852.22(b)(1) Ordinance No. __ Page 9 of 10  F. JADUs shall not be required to provide fire sprinklers or fire attenuation specifications if they are not required for the primary residence. G. JADUs are not required to provide a solar photovoltaic system. H. A JADU may include separate independent sanitation facilities or may share sanitation facilities with an attached Single Primary Dwelling Unit or attached ADU. No sewer or water connection fees shall be required for the development of a junior accessory dwelling unit.51, 52 I. Prior to issuance of a building permit for a JADU, an approval letter shall be issued by the City of Crescent City stating the stipulations in this Section (17.49.080). The covenant shall specifically mention that: 1. The JADU shall not be sold separately from the primary dwelling unit.53 2. The JADU is limited to 500 square feet and the attributes set forth by this Section (17.49.080).54 3. The owner of record of the property shall occupy the primary dwelling unit or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency, land trust, or housing organization in an effort to create affordable housing.55 4. The approval letter shall be binding and transferable to any successors in interest or ownership of the property and lack of compliance with the provisions thereof may result in legal action against the property owner, including revocation of the right to maintain a junior accessory dwelling unit on the property according to Chapter 8.08. J. Applications for JADU conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the City shall approve or deny such applications within 60 calendar days after receiving the completed application.56 The applicant will be notified through the issuing of a certificate of occupancy. K. JADU shall be exempt from the requirements of undergrounding overhead utilities and public right- of-way dedication and improvements. 51 Government Code §65852.22(b)(2) 52 Government Code §65852.22(e) 53 Government Code §65852.22(a)(3)(A) 54 Government Code §65852.22(a)(3)(B) 55 Government Code §65852.22(a)(2) 56 Government Code §65852.22(c) Ordinance No. __ Page 10 of 10