RESOLUTION NO. PC 06-2023
RESOLUTION OF THE FORT BRAGG PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL SUBMIT AN LOCAL COASTAL PLAN AMENDMENT APPLICATION (ZON 3-23)TO THE COASTAL
COMMISSION AMENDING
IVISION 17 OF THE FORT BRAGG MUNICIPAL CODE TO BE CONSISTENT WITH
TATE LAWS RELATING TO ACCESSORY DWELLING UNITS
HEREAS, California Constitution Article Xl, Section 7, enables the City of Fol raga (the "City") to enact local planning and land use reaulations: an 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 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, the project is exempt from CEQA, under Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282 (h), adoption of an ordinance regarding second units in areas zoned to allow single-family or multifamily dwelling
residential use by a city or county; 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 Resolution Appendix A represents the Planning Commission's recommendations; and NOW, THEREFORE, BE IT RESOLVED pursuant to Fort Bragg Municipal Code Section 17.94.040 and Section 17.94.060 the following findings are the Planning Commissions reasons for recommending amendments to the Fort Bragg Coastal Land Use and Development Code:
a. The proposed amendment is consistent with the General Plan, Coastal Element 9 Housing Element, including Coastal Element Policy H-2.5, and any applicable specific plan; and
b. 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
c. The proposed amendment is internally consistent with other applicable provisions of Division 17 and the Fort Bragg Coastal Land Use and Development 2 Codes; and
d. The foregoing recitals are true and correct and made a part of this Resolution; and
e. The documents and other material constituting the record for these proceedings are located at the Community Development Department.
BE IT FURTHER 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 State CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Fort Bragg Coastal General Plan; the Fort Bragg Coastal Land Use and Development Code; State law; all reports and public testimony submitted as part of the Planning Commission meeting of September 13, 2023 and Planning Commission deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2); BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission does hereby recommend the City Council submit an Local Coastal Plan Amendment (Zon 3- 23) Application to the California Coastal Commission intended to establish Coastal Land Use and Development Code regulations and standards for accessory dwelling units consistent with State Law by amending Division 17 of the Fort Bragg Municipal Code as delineated in Resolution Appendix A; and
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.
I he above and toregoing Resolution was introduced by Commissioner Stavely seconded by Commissioner Neils, and passed and adopted at a regular meeting of the Planning Commission of the City of Fort Bragg held on the 13th day of September 2023, by the following vote:
AYES: Neils, Stavely, Jensen, Logan
NOES: None
ABSENT: Deitz
ABSTAIN: None
RECUSE: None
3 ATTEST:
Maria Flynn
Maria Flynn, Adnfinistrative Assistant
Community Development Department