RESOLUTION NO. CC -2023
A RESOLUTION OF THE FORT BRAGG CITY COUNCIL SUBMITTING AN LCP AMENDMENT TO THE COASTAL COMMISSION TO AMEND THE CERTIFIED LOCAL COASTAL PROGRAM TO AMEND CHAPTER 17.21.030(B)(C) & 17.21.050 “ZONING DISTRICTS AND ALLOWABLE LAND USES”, TO REPEAL AND REPLACE 17.42.170 “ACCESSORY DWELLING UNITS” AND TO AMEND CHAPTER 17.71.050 “DESIGN REVIEW” AND CHAPTER 17.100 “DEFINITIONS” TO ESTABLISH REGULATIONS AND STANDARDS FOR ACCESSORY DWELLING UNITS PURSUANT TO STATE LAW.
WHEREAS, California Constitution Article XI, Section 7, enables the City of Fort Bragg (the “City”) to enact local planning and land use regulations; and WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; and WHEREAS, the City of Fort Bragg (“City”) adopted a General Plan in 2002 which established policies for all lands within Fort Bragg city limits and its sphere of influence; and WHEREAS, the City adopted a Coastal General Plan (“Coastal GP”) as the Land Use Plan portion of the Local Coastal Program on May 12, 2008 which established policies for all land within the Fort Bragg Coastal Zone; and WHEREAS, in August 2008 the California Coastal Commission certified the City’s Local Coastal Program (LCP) which includes the Coastal GP as the Land Use Plan; and WHEREAS, The City Council adopted Resolution 3162-2008 on May 12, 2008 adopting the Coastal General Plan; and WHEREAS, the City adopted a Coastal Land Use and Development Code in 2008 as the implementing portion of the Local Coastal Program on May 12, 2008, which established all land use regulations for the Coastal Zone; and WHEREAS, the Coastal General Plan includes policies to: (1) advance the orderly growth and development of the City’s Coastal Zone; (2) protect coastal resources; (3) incorporate sustainability into the development process so that Fort Bragg’s coastal resources and amenities are preserved for future generations; (4) respond to current environmental and infrastructure constraints; (5) protect the public health, safety and welfare; and (6) promote fiscally responsible development; and WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and WHREAS, accessory dwelling units ("ADUs") offer lower cost housing to meet the needs of the existing and future residents while ensuring that they remain compatible with the existing neighborhood; and WHEREAS, the 2009, 2014 and 2019 Housing Element updates included policies and programs to support and create affordable housing, a diverse range of housing types and provisions for accessory Dwelling Units; and WHEREAS, the City desires to ensure that residential development occurs in an orderly manner, in accordance with the goals and objectives of the General Plan and reasonable land use planning principles; and WHEREAS, the City of Fort Bragg Local Coastal Program policy H-2.5 intends that the City governance continue to facilitate the construction of secondary dwelling units on residential properties consistent with Chapter 17.42.170 (Second Units) of the Coastal Land Use and Development Code; and WHEREAS, Coastal General Plan Housing Element Section F.7.c lists siting and design criteria for second dwelling units to ensure neighborhood compatibility; and WHEREAS, Assembly Bills 68, 587, 671, 345 and 881 and Senate Bill 13 pertain to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). These bills were approved by the California Legislature and signed by the Governor in 2019, and became effective on January 1, 2020. Codified primarily in California Government Code sections 65952.2 and 65952.22, this legislation requires local ADU ordinances to include specified requirements; and WHEREAS, In 2020, the City Council adopted Ordinance 20-609 to amend the Inland Land Use and Development Code (ILUDC) that meet some of the requirements of the new state laws; and WHEREAS, the Community Development Committee held a duly noticed public hearing on May 17, 2023, to receive a report regarding proposed changes to ADU and Tiny Home regulations in Fort Bragg; and public comments were given at that time; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 13, 2023, to consider the LCP Amendment, accept public testimony; and WHEREAS, Section 17.94.040 states that the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council based on the findings identified in Section 17.94.060; and a resolution was transmitted to the City Council on October 25, 2023 that represents the Planning Commission’s recommendations; and WHEREAS, the City Council has considered all public comments and a staff report dated October 25, 2023 regarding the proposed ordinance; the staff report is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the proposed minor modification to the Coastal Land Use and Development Code is set forth in its entirety in Section 2 – Section 4 below; and WHEREAS, the “activities and approvals by a local government necessary for the preparation and adoption of a local coastal program or long range development plan” pursuant to the California Coastal Act are statutorily exempt from compliance with CEQA, and this statutory exemption “shifts the burden of CEQA compliance from the local agency to the California Coastal Commission (CEQA Guidelines § 15265 (c)).
NOW, THEREFORE, the City Council resolves as follows:
Section 1. Legislative Findings. The City Council hereby finds as follows:
The foregoing recitals are true and correct and are made a part of this Ordinance.
On September 13, 2023, the Planning Commission held a properly noticed public hearing to consider recommending the proposed minor amendment to the Coastal Land Use and Development Code to the Fort Bragg City Council for adoption, and adopted a resolution in support of the City Council’s adoption of the minor amendment to the CLUDC pursuant to Gov. Code Section 65355.
On October 25, 2023 the City Council held a properly noticed public hearing to consider adoption of the minor amendment to the Coastal Land Use and Development Code.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City and seeks to be consistent with recently adopted State Laws, including Assembly Bills 68, 587, 671, 345 and 881 and Senate Bill 13; and The proposed amendment is internally consistent with other applicable provisions of the Inland Land Use Development Code, including its Chapters 17.42, 17.71, 17.100, and others; and the LCP Amendment is consistent with the California Coastal Act; and The California Environmental Quality Act ("CEQA") does not apply to activities and approvals of a local coastal program that are undertaken by a local government pursuant to Public Resources Code Section 21080.9) and CEQA Guidelines Section 15265(a), and Pursuant to Coastal Act Section 30510(a), the City of Fort Bragg will carry out the Local Coastal Program as amended in a manner fully in conformity with the California Coastal Act; and The documents and other material constituting the record for these proceedings are located at the Community Development Department.
The amendments to the Local Coastal Program shall take effect automatically upon Coastal Commission approval and certification pursuant to Public Resources Code Section 30512, 30513, and 30519.
Section 2. Based on the foregoing, the City Council hereby:
Amends Title 17.21.030 & 17.21.050 Land Use Tables as follows:
Amends 17.21.030(B) Table 2-1 Allowable Land Uses and Permit Requirements for Residential Zoning Districts to include the following additional uses.
TABLE 2-1
Allowed Land Uses and Permit Requirements for Residential Zoning Districts P
Permitted Use, Zoning Clearance required
MUP
Minor Use Permit required (see Section 17.71.060)
UP
Use Permit required (see Section 17.71.060)
S
Permit requirement set by Specific Use Regulations
—
Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT
Specific Use
Regulations
RR
RS
RL
RM
RH
RVH
RESIDENTIAL USES
Duplex
P
P
P
P
P
P
17.42.170
Single-family Primary dwelling Unit
P
P
P
P
P
P
Amends 17.22.030(C) Table 2-6 Allowable Land Uses and Permit Requirements for Commercial Zoning Districts:
TABLE 2-6
Allowed Land Uses and Permit Requirements
for Commercial Zoning Districts
P
Permitted Use, Zoning Clearance required
MUP
Minor Use Permit required (see Section 17.71.060)
UP
Use Permit required (see Section 17.71.060)
S
Permit requirement set by Specific Use Regulations
—
Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT
Specific Use Regulations
CN
CO
CBD
CG
CH
RESIDENTIAL USES
Residential component mixed use project
P
UP
P(2)
UP
UP
17.42.100
Single Residential Unit
P(3)
--
P(4)
P(4)
--
Second unit – ADU/JADU
P(5)
P(5)
P(5)
P(5)
P(5)
17.42.170
Notes:
(1) See Article 10 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.22.060.B (Limitation on Location of Allowable Uses). (3) Use permitted only for lots in the CN zone that do not front a major collector, as defined in the General Plan. (4) Use permitted only for existing structures that have the appearance of a primary dwelling unit, per the Citywide Design Guidelines. (5) Use permitted only on parcels with an existing primary residential unit or existing/proposed multifamily development, and only in compliance with § 18.42.170.
Amend Table 2-4 to clarify that a duplex would be allowed in lieu of a single-family residential unit:
TABLE 2-4 - RR, RS, AND RL DISTRICT DEVELOPMENT STANDARDS Development Feature
Requirement by Zoning District
RR
Rural Residential
RS
Suburban Residential
RL
Low Density Residential
Density
Maximum number of dwelling units allowed on a single parcel. 1 dwelling unit or one duplex per parcel; or 1 dwelling Unit and one second unit and one JADU where allowed by 17.42.170.
Section 3. 17.42.180 Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Chapter 17.42.180 is hereby repealed and replaced in it its entirety as follows:
Purpose. This Section establishes standards for two types of residential second units: accessory dwelling units (ADU); and junior accessory dwelling units (JADU), where allowed by Article 2 (Zoning Districts and Allowable Land Uses) and in compliance with California Government Code 65852-65853.13. “Accessory Dwelling Unit” means an attached, detached or converted residential dwelling unit that provides complete independent living facilities for one or more persons. ADUs shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single residential unit or multifamily dwelling structure. An “Accessory Dwelling Unit” also includes an efficiency unit or a manufactured home, as defined in Section 18007 of the Health and Safety Code. “Junior accessory dwelling unit” means a living space not more than 500 square feet in size and contained entirely within the walls of a single residential unit. A JADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation (sanitation facilities may be separate, or may be shared with the primary unit).
A second unit that does not comply with this section is subject to the standards of 17.42.200 - Urban Unit Development.
Coastal Development Review & Permit Requirements.
ADUs. ADUs that require new construction and/or the conversion of an accessory structure or uninhabited space into a habitable living space shall require an administrative CDP. No public hearing is required for the approval of an administrative CDP for an ADU within the Coastal Zone.
JADUs. The conversion of an existing, legally established habitable space to a JADU within an existing residence is exempt from the requirement to obtain a CDP if the following requirements are met:
The Junior ADU incorporates an existing bedroom of the primary residence into the structure or eliminates an existing bedroom as part of the ADU conversion.
The construction of the Junior ADU will not include the removal or replacement of major structural components (e.g., roofs, exterior walls, foundations, etc.).
The construction of the JADU does not result in an increase in habitable floor spaces on the parcel.
The JADU will not change the intensity of use of the structure (total occupiable bedrooms).
The JADU does not constitute development within the definition in the Coastal Act.
The JADU will have no impact on Coastal Resources.
If the JADU conversion does not comply with all the above requirements of subsection 17.42.170(A)(2), an administrative Coastal Development Permit shall be required.
Location, Number & Size of Units. Two ADUs in compliance with this section or California Government Code 65852-65853.13 shall be allowed as follows:
1. On a lot with an existing or proposed single family residential unit:
One JADU constructed within an existing or proposed single residential unit, which complies with the requirements of 17.42.170 (K)(3); and/or One ADU, that complies with the requirements of 17.42.170 (K) (1 or 2);
2. On a lot with an existing multifamily dwelling:
Interior ADUs. ADUs may be constructed in areas that are not used as livable space within an existing multifamily attached or detached structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior ADUs permitted on the lot shall not exceed 25% of the current number of units of the multifamily complex on the lot and at least 1 such unit shall be allowed. Units constructed pursuant to this Subsection shall not exceed - 1,200 square feet in floor area each; and Detached ADUs. Up to 2 additional detached ADUs may be constructed, provided they are no taller than 16 feet, and they have at least 4 feet of side and rear yard setbacks. Units constructed pursuant to this Subsection shall not exceed - 1,200 square feet in floor area.
Condominiums. ADU and JADUs are permitted within condominiums as rentals or homeowner occupied units, however no less than 25% of all ADUs in condominiums must be rented.
Conversion of Accessory Structures to ADUs. The conversion of an existing accessory structure (garage, barn, shed, etc.) or portion of an existing accessory structure to an ADU is not subject to size limits, setback or height limitations of this ordinance. ADUs proposed for accessory structures that are expanded in size by more than 150 SF are subject to the size limitations of this ordinance.
Density. Both ADUs and JADUs shall be exempted from the calculation of the maximum allowable density for the lot on which it is located and shall be deemed to be a residential use that is consistent with the existing General Plan and zoning designation for the lot.
Lot Size. There is no minimum lot size for ADUs and JADUs.
Lot Coverage. Projects are required to conform with lot coverage requirements for their zoning district, unless lot coverage requirements do not allow at least one 800 square foot second unit, in which case the lot coverage requirement shall be waived.
Timing. An ADU may be constructed before, with or after the primary dwelling unit(s). In addition, an existing dwelling that complies with the standards for second units in Subsection (K) of this Section may be considered a second unit, and a new primary unit may be constructed.
Sale of ADUs JADUs. The separate sale or conveyance of an ADU as a tenancy in common (TIC) is only permitted if: 1) both the primary unit and the ADU were built or developed by a qualified non-profit whose mission is to provide housing units to low-income households; 2) an enforceable restriction is placed on the property between the low income buyer and the non-profit that satisfies the requirements of Section 402,1 of the Revenue and tax code; and 3) the entire property is subject to affordability restrictions to assure that the ADU and the primary dwelling unit are preserved for low-income housing for 45 years.
Short-term rentals prohibited. Accessory dwelling units and JADUs shall not be rented for periods of less than 31 days.
Deed restriction. Prior to the issuance of a building permit for a ADU, the owner shall record a deed restriction in a form approved by the City that includes: 1) a prohibition on the sale of the ADU separate from the sale of the primary residential unit (except in the case of H above or through the Urban Lot Split Section 17. 84.045); 2) a prohibition on short-term rentals, and: 3) in the case of a JADU restricts the size and attributes of the JADU to conformance with this section.
Second Unit Standards.
Exceptions to Accommodate at least one 800 SF ADU and one JADU. The Community Development Director shall modify or eliminate objective development standards if they prevent the construction of a JADU and/or an ADU of at least 800 square feet in size and16 feet in height with 4-foot setbacks on any lot. Objective development standards shall be modified with the following to be considered last to allow an 800 SF unit changes to parking requirements, front setbacks, height limits.
Accessory Dwelling Unit. An ADU shall comply with the following standards:
Location. An ADU may be located on the front, the back or the side of a parcel and it may be larger or smaller than the primary family residential unit so long as it complies with the size limitations of this code. An ADU can be: (i) a remodeled portion of a primary dwelling unit; (ii) attached to a primary dwelling unit; (iii) one of the units of a duplex (iv) a detached unit or located in a converted Accessory Structure such as a shop or garage.
Height limit. A detached ADU shall be limited to a maximum height of 16 feet. Second story ADUs are permitted only over a garage and are limited to 28 ft in height.
Setbacks. An ADU shall have a minimum rear and side setback of 4 feet, unless the second unit is located in a nonconforming structure as defined by § 17.90.020. Notwithstanding the foregoing, no setbacks are required for ADUs that are conversions of existing living areas or existing accessory structures, or for any new structures in the same location and to the same dimensions as an existing structure, or for expansions of existing structures that have less than a four-foot rear or side yard setback so long as the expansion conforms with the existing structure’s existing setback. Front yard setbacks are defined in 17.22, however a reduced front setback is required if the applicant is precluded by the strict application of the setback requirements from building at least one 800 SF ADU on the property.
Maximum floor area. The maximum floor area of a detached ADU shall not exceed 1,200 square feet and the maximum floor area for an attached ADU shall be 50% of the existing primary dwelling unit 1,200 SF whichever is more. The conversion of an existing structure to an ADU shall not be limited in size so long as it is enclosed within the existing structure.
Separate entrance required. An attached ADU shall have an entrance separate from the entrance to the primary dwelling.
Window & Balcony Placement. An ADU that is placed 20 feet or less from a residential unit on the same parcel or an adjacent parcel shall not have windows that directly face windows in the other unit. Transom windows and skylights are allowed even when ADU windows directly face windows in the other unit, Building code compliance. All new ADUs must satisfy the requirements contained in the building code and fire code as currently adopted by the City, including applicable energy efficiency standards associated with Title 24 of the California Code of Regulations. However, fire sprinklers shall not be required if they are not required for the primary residence.
3. Junior Accessory Dwelling Unit. A JADU shall comply with the following standards:
Location. JADUs may be located in an attached garage or within the walls of the primary dwelling. JAUDs are allowed to share bathroom facilities with the primary dwelling. JADUs are not permitted in detached accessory structures or ADUs.
Maximum floor area. The living space shall not exceed 500 square feet in size and shall be contained entirely within the walls of an existing or proposed single residential unit.
Separate entrance required. A JADU shall have a separate entrance from the main entrance to the primary residence.
Efficiency kitchen. A JADU shall include an efficiency kitchen with cooking appliances, a food preparation counter, and storage cabinets reasonably sized in relation to unit.
Fire protection. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single residential unit, unless the junior accessory dwelling unit is being constructed in connection with a new single residential unit.
Utility service. For the purpose of providing service for water, sewer, or power, a JADU unit shall not be considered a separate or new unit, unless the JADU was constructed in conjunction with a new single residential unit.
Parking Requirements
ADU/JADU Parking Exemptions & Requirements: No parking is required unless the ADU is located in a neighborhood which provides public parking and public access to the coast. In Fort Bragg this includes all residential parcels that directly abut Glass Beach Drive. All other parcels are not required to provide parking.
Replacement Parking Exemption. No replacement parking space(s) are required for the primary unit, when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU.
Solar Requirements. New, non-manufactured, detached ADUs shall install solar in compliance with the California Building Code. No other ADUs are subject to the Building Code’s solar requirements.
No Capacity Fees. JADUs are exempt from paying capacity fees. ADUs of less than 750 SF shall be exempt from paying capacity fees, and units of more than 750 SF shall pay a prorated share of the capacity fee.
No off-site Improvements. No physical improvements, such as installation of sidewalks or off-site drainage improvements, shall be required for the creation or conversion of an ADU or JADU.
No Correction of Nonconforming Zoning Conditions. No applicant shall be required to correct existing non-conforming zoning conditions as part of the creation or conversion of an ADU or JAUD.
Non-Conforming ADUs. An existing substandard ADU or JADU shall have five years to correct a violation so long as the violation is not a health and safety issue as determined by the Building Department.
Restrictive Covenants Void. ADUs and JADUs shall be allowed on all parcels regardless of any covenants, conditions or restrictions that have been placed on a lot; such restrictions are void and unenforceable. (Civ Code 4751).
ADU’s Proposed for Sensitive Habitats, Scenic Areas, and areas subject to Sea Level Rise Visual Resources. ADUs shall be reviewed for impacts to visually resources in visually sensitive areas as designated in Map CD-1 of the Coastal General Plan.
Sensitive Habitat. ADUs shall be reviewed for impacts to sensitive habitats in areas as designated in Map OS-1 of the Coastal General Plan.
Areas Sensitive to Sea Level Rise. J/ADUs that are proposed for areas that are vulnerable to sea level rise and other coastal hazards shall meet all LCP requirements for new development to be safe from such hazards, but that also addresses the need for future sea level rise adaptations including future removal and risk disclosure.
Section 4. 18.71.050 Design Review Amendment
Chapter 17.71.050 (2) and (3) are hereby amended as follows:
2. Improvements subject to Design Review by the Director. The following improvements shall be subject to Design Review by the Director, except when in conjunction with a development project. If in conjunction with a development project, each of the following shall be subject to review and approval by the Commission:
The construction or rehabilitation/remodeling of a secondary dwelling unit or duplex; The construction or rehabilitation/remodeling/addition of any detached accessory structure or garage that exceeds 16 feet in height.
Removal of natural ground cover, trees, or vegetation;
Installation of a fence, wall, or retaining wall visible from a public right-of-way; Landscaping including vegetation, irrigation systems, and low level lighting; Signs included with plans for any project listed above, and that do not require Commission review; or Exterior lighting.
3. Improvements exempt from Design Review. The following improvements are exempt from Design Review:
The construction or rehabilitation/remodeling of any ADU, JADU or duplex; One single-family dwelling on a single parcel, including any related accessory structures; Structural improvements not visible from a public right-of-way; Signs in compliance with Chapter 17.38 (Signs), and which are to be located on an existing structure, or as approved under another development permit; Work determined by the Director to be minor or incidental within the intent and objectives of this Section; and Ordinary maintenance and repair of structures.
Section 5. 17.100 Definitions Amendments
Chapter 17.100 is hereby amended as follows:
Add the following definitions:
Accessory Dwelling Unit. Can be an attached, detached or converted residential dwelling unit of less than 1,200 sf that provides complete independent living facilities for 1 or more persons. ADUs shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single residential unit or multifamily dwelling structure is or will be situated. An “accessory dwelling unit” also includes the following: (A) an efficiency unit; and (B) a manufactured home, as defined in Section 18007 of the Health and Safety Code, and (C) a tiny home as defined in 17.42.175.
Junior accessory dwelling unit. Is a living space of not more than 500 square feet in size and contained entirely within the walls of a primary residential unit. A JADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation; sanitation facilities may be separate, or may be shared with the primary unit.
Remove the following definitions:
Carriage House. See “Second Unit or Carriage House.”
Small secondary unit. A small secondary residential dwelling unit is a separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facility, which is an attached or detached extension to a single-family structure that has no more than one bedroom and that is no greater than 600 square feet in size. Any loft area, regardless of ceiling height, is counted when calculating maximum square feet. No more than one loft area is permitted in a small secondary unit.
Second Unit or Carriage House. A second permanent dwelling that is accessory to a primary dwelling on the same site. A second unit that provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking, and does not meet the criteria for an Accessory Dwelling Unit.
Revise the following definitions:
Duplex. See “Multi-Family Housing.” A duplex consists of two attached dwelling units typically sharing a wall, but may also be attached vertically. A duplex may be considered a primary dwelling unit with an attached Accessory Dwelling Unit (ADU) if one of the units is less than 1,200 square feet.
Coastal Development Permit. A discretionary land use permit that may be granted in compliance with Section 17.71.040 17.71.045 (Coastal Development Permit) required pursuant to this Development Code and subdivision (a) of the Coastal Act Section 30600. which authorizes development in the coastal zone subject to compliance with any conditions of approval imposed on the permit.
Multi-Family Housing. A dwelling unit that is part of a structure containing one three or more other dwelling units, or a non-residential use. An example of the latter is a mixed-use project where, for example, one or more dwelling units are part of a structure that also contains one or more commercial uses (retail, office, etc.). Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or more dwelling units in the same structure); apartments (five or more units under one ownership in a single building); and townhouse development (three or more attached dwellings where no unit is located over another unit), and other building types containing multiple dwelling units (for example, courtyard housing, rowhouses, stacked flats, etc.).
Primary Residential Unit. A house that is occupied and designed with one overall living area for one group of people with one kitchen. Also includes factory built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundation systems.
Residential Accessory Use or Structure. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property. See also “Agricultural Accessory Structure.” garages
gazebos
greenhouses (non-commercial)
spas and hot tubs
storage sheds
studios
swimming pools
tennis and other on-site sport courts
workshops
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: second units, Tiny Homes or Accessory Dwelling Units, which are separately defined; guest houses, which are included under the definition of second units; or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see “Telecommunications Facilities”).
Single Family Dwelling. See Primary Residential Unit. A building designed for and/or occupied exclusively by one family. Also includes factory built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundation systems.
Second Unit/Carriage House/Duplex. See Accessory Dwelling Unit.
BE IT FURTHER RESOLVED that the Fort Bragg City Council does hereby recommend that the Coastal Commission approve Zoning Amendment 4-2023 to amend Division 18 to the Fort Bragg Municipal Code (as described in Appendix A) and modify Section 18.42.170 and Section 18.71.050 and Chapter 18.100 “Definitions” to establish regulations and standards for Accessory Dwelling Units consistent with State Law.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.
The above and foregoing Resolution was introduced by seconded by , and passed and adopted at a regular meeting of the City Council of the City of Fort Bragg held on the XXth day of November 2023, by the following vote:
AYES: NOES: ABSENT: ABSTAIN: RECUSE:
Bernie Norvel, Mayor
ATTEST:
June Lemos, CMC City Clerk
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