Attachment 4: General Plan/LUDC - Consistency Analysis
This attachment analyzes both the ILUDC and CLUDC amendments consistency with the respective General Plan and zoning code.
1. Coastal General Plan & CLUDC Consistency Analysis
Required Findings
The CLUDC 17.95.060(B) requires that the following findings be made for the amendments to the Coastal Land Use and Development Code:
The proposed amendment is consistent with the Coastal General Plan and any applicable specific plan.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed amendment is internally consistent with other applicable provisions of this Development Code.
The amendment is consistent with relevant policies of the City’s Coastal General Plan as analyzed below.
Land Use Element
The proposed amendment to the CLUDC is consistent with the following Coastal General Plan Policies in the Land Use Element.
Policy
Analysis
Policy LU-10.2: Locating New Development. New residential, commercial, or industrial Development, except as otherwise provided in the LCP, should be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources.
Allowing Tiny Home Communities will increase infill development within the City. The proposed ordinance includes safeguards for protection of Coastal Resources and a Coastal Development Permit would be required to ensure protection of coastal resources.
Policy LU-10.4: Ensure Adequate Services and Infrastructure for New Development.
Development shall only be approved when it has been demonstrated that the development will be served with adequate water and wastewater treatment. Lack of adequate services to serve the proposed development shall be grounds for denial of the development.
The City recently upgraded its Sewer Treatment Facility and has acquired property to develop additional water storage, which together will ensure adequate sewer and water services throughout Fort Bragg. Additionally, The City anticipates only one or two Tiny Home Communities in the next 20 years, which would easily be served by existing infrastructure.
Policy LU-10.6: Protect Special Communities. New Development shall, where appropriate, protect special communities and neighborhoods, which, because of their unique characteristics, are popular visitor destination points for recreational uses.
In the proposed CLUDC amendment, an applicant for a Tiny Home Community would not be permissible in the Central Business District.
Policy LU-5.7: Adequate parking should be provided to serve coastal access and recreation uses to the extent feasible. Existing parking areas serving recreational uses shall not be displaced unless a comparable replacement area is provided.
The proposed amendment requires off-street parking for Tiny Home Communities.
Policy LU-10.1: Preserve Neighborhoods: Preserve and enhance the character of the City’s existing residential neighborhoods.
The Tiny Home Community amendment includes sufficient regulatory guidelines to help Fort Bragg preserve and enhance the character of the City’s existing residential neighborhoods.
There are no other applicable policies in the land use element.
Public Facilities Element
The proposed amendment to the CLUDC is consistent with the following Coastal General Plan Policies in the Public Facilities Element.
Policy PF-1.1: All new development proposals shall be reviewed and conditioned to ensure that adequate public services and infrastructure can be provided to the development without substantially reducing the services provided to existing residents and businesses.
Analysis: The City of Fort Bragg continues to rely on three surface water sources: Waterfall Gulch (tributary to Hare Creek), Newman Gulch (tributary to Noyo River), and the Noyo River (intake is at Madsen Hole). The water treatment plant was originally constructed in the 1950’s, and upgraded in the 1980’s, and has a capacity of 2.2 million gallons per day (MGD). While the water supply has not changed, the City has made significant progress in amplifying storage capacity:
It added an additional 1.5 million gallon finished water storage tank and the Summers Lane Reservoir with a raw water capacity of 14.7 million gallons, creating a total water storage capacity to 22.6 million gallons.
It installed a desalination batch plant to allow effective use of water from the Noyo during low flow conditions.
It purchased the “gulf course” property with plans to build new water storage capacity on the site.
While there is more than sufficient capacity, the City is also exploring long-term sustainable water strategies that include “purple pipe” transmission of treated recycled wastewater and desalinization. The City’s potable water system has sufficient capacity to support future development that could occur as a result of the proposed code revision while still accommodating other planned growth in the City.
The City’s Water Treatment Plant (WWTP) provides sewage treatment and disposal through the Fort Bragg Municipal Improvement District No. 1 (MID). The MID is somewhat larger than the City as it includes part of the Sphere of Influence. The Wastewater Treatment Plant (WWTP) was constructed in 1971 and underwent a substantial upgrade in 2020. It has a secondary treatment level capacity of 0.8 million gallons per day (MGD) for average dry weather flow (ADWF) and 4.9 MGD Peak Hydraulic Flow. The WWTF also has sufficient capacity to handle additional wastewater that may result from development of housing related to the proposed code revisions. Additionally, The City anticipates few Tiny Home Communities, which would be served by existing infrastructure.
Policy PF-2.1 Development Pays Its Share: Require that new development pay its share of capital improvements and the cost of public services to maintain adequate levels of service.
Analysis: The ordinance would require capacity fees for housing in Tiny Home Community.
There are no other policies that are applicable to the proposed CLUDC updates.
Conservation, Open Space, Energy, and Parks Element
The proposed amendment would be consistent with the policies of the Conservation Element as a CDP is required if the project is located in an area that has the potential to have impacts on Environmentally Sensitive Habitat, Wetlands, visual resources or on other Coastal Act resources as illustrated in the Maps of the Coastal General Plan.
Circulation Element
The proposed amendment is consistent the policies of this element and does not conflict with anything in the element.
Community Design, Safety, and Noise Elements
The proposed amendment is consistent with the policies of this element and does not conflict with anything in the element.
Policy
Analysis
Policy CD-1.1: Visual Resources: Permitted development shall be designed and sited to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance scenic views in visually degraded areas.
Tiny Home Communities would be required to apply for a CDP, which would necessitate a visual analysis if visual resources would be impacted by a proposed project.
Policy CD-2.4 Discourage Sameness and Repetitive Residential Designs.
Tiny Home Communities would allow people to select or build their own tiny home and would therefore not result in sameness or repetitive design. Additionally, a tiny home community would be a new pocket neighborhood design for Fort Bragg, which would increase diversity of residential design.
Policy CD-2.5 Scenic Views and Resource Areas: Ensure that development does not adversely impact scenic views and resources as seen from a road and other public rights-of-way.
Tiny Home Communities would be required to apply for a CDP, which would necessitate a visual analysis, if visual resources would be impacted by a proposed project and thorough that process compliance with this policy is required.
Housing Element
The City’s Housing Element was updated in 2019 and adopted by the City Council for both Inland and Coastal Fort Bragg; however the 2019 Housing Element has not been certified by Coastal Commission as part of the Local Coastal Program. Nevertheless, this consistency review for the amendments to the CLUDC uses the goals, policies, and programs from the 2019 Housing Element as it has been updated per State Law. The last certified Housing Element (2008) in the Coastal General Plan does not include most State mandated goals, policies and programs.
The proposed amendments to the CLUDC are consistent with the following applicable policies of the 2019 Housing Element:
Policy
Analysis
Policy H-1.6 Infill Housing: Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.
The proposed zoning code amendment will allow Tiny Home Community on a variety of parcel sizes, which could result in infill development of one or more of the few remaining undeveloped parcels in the Coastal Zone.
Program H-1.7.10: Tiny Home Community. Consider adopting new zoning regulations to allow for small home subdivisions, with small individual parcel ownership, in all residential zoning districts. Consider changing the minimum lot size and minimum parcel dimensions of the LUDC to accommodate tiny home communities as part of a planned unit development.
The proposed ordinance would establish a mechanism to allow Tiny Home Communities.
Policy H-2.9 First Time Home Buyers: Encourage affordable housing for first time homebuyers.
The proposed zoning code amendment would allow low-income people to purchase a home for the first time, as Tiny Homes and Park Model RVs cost a fraction of the typical house.
Program H-4.1.2 Reduce Capacity Fees for Smaller Units: Consider charging water and sewer capacity fees based on the size of the unit (either square feet or number of Bedrooms) in order to ensure that each unit pays its fair share for capacity costs.
The ordinance does not wave capacity fees for Tiny Homes; however, such fees would be prorated based on size.
The proposed project does not conflict with any goals, policies, or programs of the 2019 Housing Element.
Consistency with CLUDC Site Planning and Project Design Standards The Proposed Amendment is consistent with all CLUDC standards, including the following highlights.
Density. Tiny home communities would be required to comply with minimum and maximum density requirements.
Lot Coverage: As density would remain the same and Tiny homes are much smaller than conventional homes, lot coverage ratios for constructed Tiny Home Communities would be considerably lower than existing requirements. Regardless all communities would still comply with existing Lot Coverage Requirements.
Set Backs & High Limits: The Ordinance complies with existing setback. Tiny Homes are required by State law to have much lower heights (per the vehicle code) than the City’s zoning Ordinance.
Parking: The Ordinance requires one parking space/unit, which is consistent with the parking regulations for multi-family parking in Chapter 3.
Coastal resources analysis
All Tiny Home Communities are required to obtain a Coastal Development Permit and make specific findings that Coastal Act resources will not be impacted.
2. General Plan & ILUDC Consistency Analysis
Required Findings
The ILUDC 18.95.060(B) requires that the following findings be made for the amendments to the Inland Land Use and Development Code:
The proposed amendment is consistent with the Inland General Plan and any applicable specific plan.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed amendment is internally consistent with other applicable provisions of this Development Code.
The amendment is consistent with relevant policies of the City’s General Plan and the ILUDC as analyzed below.
Land Use Element
The proposed amendment to the ILUDC is consistent with the following General Plan Policy in the Land Use Element.
Policy
Analysis
Policy LU-6.1: Preserve Neighborhoods: Preserve and enhance the character of the City’s existing residential neighborhoods.
The Tiny Home Community amendment includes sufficient regulatory guidelines to help Fort Bragg preserve and enhance the character of the City’s existing residential neighborhoods.
There are no other applicable policies in the land use element.
Public Facilities Element
The proposed amendment to the CLUDC is consistent with the following Coastal General Plan Policies in the Public Facilities Element.
Policy PF-1.2: All new development proposals shall be reviewed and conditioned to ensure that adequate public services and infrastructure can be provided to the development without substantially reducing the services provided to existing residents and businesses.
Analysis: The City of Fort Bragg continues to rely on three surface water sources: Waterfall Gulch (tributary to Hare Creek), Newman Gulch (tributary to Noyo River), and the Noyo River (intake is at Madsen Hole). The water treatment plant was originally constructed in the 1950’s, and upgraded in the 1980’s, and has a capacity of 2.2 million gallons per day (MGD). While the water supply has not changed, the City has made significant progress in amplifying storage capacity:
It added an additional 1.5 million gallon finished water storage tank and the Summers Lane Reservoir with a raw water capacity of 14.7 million gallons, creating a total water storage capacity to 22.6 million gallons.
It installed a desalination batch plant to allow effective use of water from the Noyo during low flow conditions.
It purchased the “golf course” property with plans to build new water storage capacity on the site.
While there is more than sufficient capacity, the City is also exploring long-term sustainable water strategies that include “purple pipe” transmission of treated recycled wastewater and desalinization. The City’s potable water system has sufficient capacity to support future development that could occur as a result of the proposed code revision while still accommodating other planned growth in the City.
The City’s Water Treatment Plant (WWTP) provides sewage treatment and disposal through the Fort Bragg Municipal Improvement District No. 1 (MID). The MID is somewhat larger than the City as it includes part of the Sphere of Influence. The Wastewater Treatment Plant (WWTP) was constructed in 1971 and underwent a substantial upgrade in 2020. It has a secondary treatment level capacity of 0.8 million gallons per day (MGD) for average dry weather flow (ADWF) and 4.9 MGD Peak Hydraulic Flow. The WWTF also has sufficient capacity to handle additional wastewater that may result from development of housing related to the proposed code revisions.
Additionally, The City anticipates few new Tiny Home Communities, which would be served by existing infrastructure.
Policy PF-2.1 Development Pays Its Share: Require that new development pay its share of capital improvements and the cost of public services to maintain adequate levels of service.
Analysis: The ordinance would require capacity fees for housing in Tiny Home Community.
There are no other policies that are applicable to the proposed CLUDC updates.
Conservation, Open Space, Energy, and Parks Element
The proposed amendment would be consistent with the policies of the Conservation Element.
Circulation Element
The proposed amendment is consistent with the policies of this element and does not conflict with anything in the element.
Community Design, Safety, and Noise Elements
The proposed amendment is consistent with the policies of this element and does not conflict with anything in the element.
Policy
Analysis
Policy CD-1.2 Discourage Sameness and Repetitive Residential Designs.
Tiny Home Communities would allow people to select or build their own tiny home and would therefore not result in sameness or repetitive design. Additionally, a tiny home community would be an entirely new pocket neighborhood design for Fort Bragg which would increase diversity of residential design Housing Element
The City’s Housing Element was updated in 2019 and adopted by the City Council. The proposed amendments to the ILUDC are consistent with 2019 Housing Element, including the following relevant policies:
Policy
Analysis
Policy H-1.6 Infill Housing: Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.
The proposed zoning code amendment will allow Tiny Home Community on a variety of parcel sizes, which could result in infill development of one or more of the few remaining undeveloped parcels in the Coastal Zone.
Program H-1.7.10: Tiny Home Community. Consider adopting new zoning regulations to allow for small home subdivisions, with small individual parcel ownership, in all residential zoning districts. Consider changing the minimum lot size and minimum parcel dimensions of the LUDC to accommodate tiny home communities as part of a planned unit development.
The proposed ordinance would establish a mechanism to allow Tiny Home Communities.
Policy H-2.9 First Time Home Buyers: Encourage affordable housing for first time homebuyers.
The proposed zoning code amendment would allow low-income people to purchase a home for the first time, as Tiny Homes and Park Model RVs cost a fraction of the typical house.
Program H-4.1.2 Reduce Capacity Fees for Smaller Units: Consider charging water and sewer capacity fees based on the size of the unit (either square feet or number of Bedrooms) in order to ensure that each unit pays its fair share for capacity costs.
The ordinance does not wave capacity fees for Tiny Homes; however, such fees would be prorated based on size.
The proposed project does not conflict with any policies of the 2019 Housing Element.
Consistency with CLUDC Site Planning and Project Design Standards The Proposed Amendment is consistent with all ILUDC standards, including the following highlights.
Density. Tiny home communities would be required to comply with minimum and maximum density requirements.
Lot Coverage: As density would remain the same and tiny homes are much smaller than conventional homes, lot coverage ratios for constructed Tiny Home Communities would be considerably lower than existing requirements. Regardless all communities would still comply with existing Lot Coverage Requirements.
Set Backs & High Limits: The Ordinance complies with existing setback. Tiny Homes are required by State law to have much lower heights (per the vehicle code) than the City’s zoning Ordinance.
Parking: The Ordinance requires one parking space/unit, which is consistent with the parking regulations for multi-family parking in Chapter 3. 10 | Page
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