RESOLUTION NO. PC 9-2025
RESOLUTION OF THE FORT BRAGG PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT:
• AN ORDINANCE AMENDING DIVISION 17 OF THE FORT BRAGG MUNICIPAL CODE (CLUDC 4-25) TO AMEND CHAPTER 17.42.200 "URBAN UNIT DEVELOPMENT," AND CHAPTER 17.84.045 "URBAN LOT SPLIT," TO
INCORPORATE COMMENTS FROM HCD INTO REGULATIONS AND
STANDARDS FOR URBAN LOT SPLITS AND URBAN UNIT RESIDENTIAL
DEVELOPMENT PROJECTS IN LOW DENSITY RESIDENTIAL ZONING
DISTRICTS PURSUANT TO SENATE BILL 9; and
• AN ORDINANCE AMENDING DIVISION 18 OF THE FORT BRAGG MUNICIPAL CODE (ILUDC 4-25) TO AMEND CHAPTER 18.42.200 "URBAN UNIT DEVELOPMENT," AND CHAPTER 18.84.045 "URBAN LOT SPLIT," TO
INCORPORATE COMMENTS FROM HCD INTO REGULATIONS AND
STANDARDS FOR URBAN LOT SPLITS AND URBAN UNIT RESIDENTIAL
DEVELOPMENT PROJECTS IN LOW DENSITY RESIDENTIAL ZONING
DISTRICTS PURSUANT TO SENATE BILL 9.
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
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 up to four 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 "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)); 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 Amendments, accept public testimony, and: 1) adopted resolution recommending a zoning amendment to add Chapter 18.42.200 "Urban Unit Development", and Chapter 18.84.045 "Urban Lot Split" to the ILUDC as well as make relevant changes and additions to the definitions and land use chapters of the zoning ordinances; and 2) adopted a resolution recommending an LCP amendment to add Chapter
17.42.200 "Urban Unit Development", and Chapter 17.84.045 "Urban Lot Split" to the CLUDC as well as make relevant changes and additions to the definitions and land use chapters of the zoning ordinances.
WHEREAS, the City Council held duly noticed public hearings on December 11, 2023 and January 22, 2024 and adopted: 1) an ordinance amending Division 18 of the Fort Bragg Municipal Code (ILUDC 2-23) 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; and 2) a Resolution of the Fort Bragg City Council submitting an LCP Amendment (LCP 2-23) application to the Coastal Commission to amend Title 17 of the Fort Bragg Municipal Code to amend Chapter
17.21.030(b) & 17.21.050 "Residential Zoning Districts" ", add chapter 17.42.200 "Urban Unit Development", add chapter 17.84.045 "Urban Lot Split", and amend Chapter 17.100 "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.
WHEREAS, Marie Jones Consulting submitted, on behalf of the City of Fort Bragg, the requested LCP amendment to the staff of the California Coastal Commission in June of 2024 and the adopted ILUDC ordinance to the staff of the Department of Housing and
Community Development (HCD) in May of 2024 for their required review upon completion of the City action, and
WHEREAS, HCD submitted a letter dated February 19, 2025 requesting additional changes to the submitted Urban Lot Split and Urban Unit Development zoning ordinances; and
WHEREAS, the Coastal Commission requested that the City resubmit the CLUDC amendment in ordinance format incorporating the recommended changes of HCD, and WHEREAS, the Planning Commission held a duly noticed public hearing on May 15, 2025, to consider the Zoning Amendments; 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 Coastal General Plan; the Fort Bragg Coastal Land Use and Development Code; the Project application; all reports and public testimony submitted as part of the Planning Commission meeting of May 15, 2025 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:
NOW, THEREFORE, BE IT FURTHER 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 and any applicable specific plan; and
As noted in the General Plan Consistency Analysis, which is Attachment 2 to the staff report and incorporated by reference under the resolution statement above, the project is consistent with the Coastal General Plan as follows:
1. The proposed project is consistent with the land use designations of the Land Use Element of the Coastal General Plan (CGP) 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. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
2. The proposed amendment is consistent with the following applicable General Plan policies: Policy LU-10.2, Policy LU-10.4, Policy LU-10.6, Policy LU-5.7, Policy LU-
10.1, Policy PF-1.1, Policy PF-2.1, Policy CD-1.1: Policy CD-2.4 and Policy CD- 2.5
3. 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 effect Environmentally Sensitive Habitats, Wetlands, visual resources or on other Coastal Act resources as illustrated in the Maps of the Coastal General Plan. b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
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.
The Proposed Amendment is consistent with CLUDC standards with the following State mandated exception.
• 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.
• 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.
• 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.
The documents and other material constituting the record for these proceedings are located at the Community Development Department, and e. The foregoing recitals are true and correct and made a part of this Resolution; and
NOW, THEREFORE, BE IT FURTHER RESOLVED pursuant to Fort Bragg Municipal Code Section 18.94.040 and Section 18.94.060 the following findings are the Planning Commissions reasons for recommending amendments to the Fort Bragg Inland Land Use and Development Code:
a. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City as it intends amendments to be consistent with recently adopted State laws; and
b. The proposed amendment is consistent with the General Plan and any applicable specific plan.
c. 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.
d. The proposed amendment is consistent with and implements 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. e. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
f. 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. The proposed amendment requires conformance with all applicable building codes which will ensure healthy and safe housing.
g. The proposed amendment is internally consistent with other applicable provisions of
this Development Code.
h. The Proposed Amendment is consistent with ILUDC standards with the following State mandated exceptions.
• 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.
• Setbacks: 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.
• 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.
i. 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
j. The documents and other material constituting the record for these proceedings are located at the Community Development Department, and k. The foregoing recitals are true and correct and made a part of this Resolution; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission does hereby recommend the City Council adopt:
1. An Ordinance Amending Division 17 of the Fort Bragg Municipal Code (CLUDC 2-25) to Amend Chapter 17.42.200 "Urban Unit Development" and Chapter 17.84.045 "Urban Lot Split" to Incorporate Comments From HCD into Regulations and Standards for Urban Lot Splits and Urban Unit Development Projects in Low Density Residential Zoning Districts Pursuant to Senate Bill 9; and
2. An Ordinance Amending Division 18 of the Fort Bragg Municipal Code (ILUDC 3-25) to Amend Chapter 18.42.200 "Urban Unit Development" and Chapter 18.84.045 "Urban Lot Split" To Incorporate Comments from HCD into Regulations and Standards for Urban Lot Splits and Urban Unit Residential Development Projects in Low Density Residential Zoning Districts Pursuant to Senate Bill 9.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.
The above and foregoing Resolution was introduced by Commissioner Turner, seconded by Commissioner Stavely, and passed and adopted at a regular meeting of the Planning Commission of the City of Fort Bragg held on the 14th day of May, 2025, by the following vote:
AYES: Stavely, Turner, Bushnell, Neils
NOES: None.
ABSENT: Jensen
ABSTAIN: None.
RECUSE: None.
Riched Neil
David Jensen, Chair FOR
ATTEST:
Stama Pair for
Maria Flynn, Administrative Assistant