RESOLUTION NO. PC 08-2023
RESOLUTION OF THE FORT BRAGG PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL AMEND TITLE 18 OF THE FORT BRAGG MUNICIPAL CODE TO AMEND CHAPTER 18.21.030(B) &
18.21.050 "RESIDENTIAL ZONING DISTRICTS," ADD CHAPTER 18.42.200 "URBAN UNIT DEVELOPMENT," ADD CHAPTER 18.84.045 "URBAN LOT SPLIT," AND AMEND CHAPTER 18.100 "DEFINITIONS" TO ESTABLISH
REGULATIONS AND STANDARDS FOR URBAN LOT SPLITS AND URBAN
UNIT RESIDENTIAL DEVELOPMENT PROJECTS IN LOW DENSITY
RESIDENTIAL ZONING DISTRICTS PURSUANT TO SENATE BILL 9. , Section 7, enables the City of Forl
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
Plan on December 2, 2012; and
WHEREAS, the adoption of an Inland Land Use and Development Code is necessary to: 1) provide a regulatory framework for implementation of the Inland General Plan; 2) to implement new state planning and land use requirements; and 3) update zoning regulations in accordance with City Council policy direction; 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, on September 16, 2021, California Governor Gavin Newsom signed Senate Bill 9 (SB-9) into law as part of an effort to address the State's housing crisis by streamlining housing production; and
WHEREAS, the new legislation became effective on January 1, 2022, and requires local agencies to ministerially approve urban lot splits and development of two residential units per single family residential lot provided the projects meet certain criteria: and WHEREAS the City wishes to balance compliance with State law with the rights still preserved under the new legislation authorizing the City to establish objective zoning,
subdivision and design review standards consistent with SB-9 requirements to approve urban lot splits and urban unit residential development; and WHEREAS, the project is exempt from CEQA, as a zoning amendment to implement the provisions of Sections 65852.1 and Section 66411.7 of the Government Code is exempt from CEQA by those code sections; and
WHEREAS, the Community Development Committee held a duly noticed public hearing on May 17, 2023, to discuss a memo about SB-9 implementation in Fort Bragg; and public comments were given at that time; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 11, 2023, to consider the Zoning Amendment, accept public testimony; and NOW, THEREFORE, BE IT RESOLVED that the City of Fort Bragg Planning Commission, based on the entirety of the record before it, which includes without limitation, CEQA, Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Fort Bragg Inland General Plan; the Fort Bragg Inland Land Use and Development Code; the Project application; all reports and public testimony submitted as part of the Planning Commission meeting of October 11, 2023 and Planning Commission deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of Fort Bragg does hereby make the following findings and determinations:
SECTION 1: INLAND LAND USE AND DEVELOPMENT CODE AMENDMENT
FINDINGS
Pursuant to Fort Bragg Municipal Code Section 18.94.060, the Planning Commission recommends that the City Council make the following findings for adoption of the proposed amendments to the Fort Bragg Inland Land Use and Development Code:
a. The proposed amendment is consistent with the General Plan and any applicable specific plan; and
1. The proposed project is consistent with the land use designations of the Land Use Element of the General Plan because state law does not allow local jurisdictions to include the four units allowed through an Urban Lot Split and subsequent development in their density calculations. Thus, while the amendments will allow "higher" residential densities, State law does not allow local jurisdictions to count these increases in density towards density limitations. Thus, density limitations do not need to be modified in the Land Use Element.
2. The proposed amendment is consistent with the following applicable General Plan policies: Policy LU-6.1, Policy PF-1.2, Policy PF-2.1, Policy CD-1.2, Policy H-1.6, Policy H-2.9, Policy H-3.2, and Program H-4.1.2.
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
1. The proposed amendment is mandated by State Law as such it is in the public interest to permit additional opportunities for residential housing development, which will provide for better convenience and welfare for the residents of the City of Fort Bragg as it will result in additional housing units. The proposed amendment requires conformance with all applicable building codes which will ensure healthy and safe housing.
c. The proposed amendment is internally consistent with other applicable provisions of this Development Code.
1. The Proposed Amendment is consistent with ILUDC standards with the following State mandated exceptions.
a) Lot Coverage: As mandated by state law, housing units developed as a consequence of this ordinance must be exempt from lot coverage calculations if two 800 SF units cannot otherwise be constructed on a lot created through an Urban Lot Split.
b) Set Backs: As mandated by state law, housing units developed as a consequence of this ordinance have an exception from the code requiring only 4 feet setbacks on the rear and side property lines. Additionally, front yard setbacks must be reduced if two 800 SF units cannot otherwise be constructed on a lot created through an Urban Lot Split.
c) Parking and Traffic: Again, in compliance with State law, City Council may require that housing units developed as a consequence of this ordinance provide off-street parking so long as that requirement does not preclude an applicant from building at least two units of 800 SF each.
SECTION 2: GENERAL FINDINGS:
a. The foregoing recitals are true and correct and made a part of this Resolution; and b. The documents and other material constituting the record for these proceedings are located in the Community Development Department.
BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission does hereby recommend that the City Council amend Division 18 to the Fort Bragg Municipal Code to Amend Division 18 to the Fort Bragg Municipal Code to Amend Chapter
18.21.030(B) & 18.21.050 "Zoning Districts and Allowable Land Uses" ', add Chapter
18.42.175 "Urban Lot Split", and Chapter 18.84.045 "Urban Unit Residential Development", and Amend Chapter 18.100 "Definitions" to establish regulations and standards for urban lot splits and urban unit residential development projects in Low Density Residential zoning districts consistent with the purpose of Senate Bill 9.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.
foregoing Resolution was introduced by
Commissioner Stavely seconded by Acting Chair Deitz, and passed and adopted at a regular meeting of the Planning Commission of the City of Fort Bragg held on the 11th day of October 2023, by the following vote:
AYES: Jensen, Neils, Stavely, Deitz
NOES: None
ABSENT: Logan
ABSTAIN: None
RECUSE: None
ATTEST:
Maria Flynn
Maria Flynn, Administrative Assistant
Community Development Department