1 City Council and Planning Commission Study Session Meeting Materials December 7, 2020
This document provides background information for the City of Fortuna SB2 Planning Grant Programs Implementation Project study session on December 7, 2020. At this meeting we will ask for feedback on a recommended approach to the Multifamily Design Standards task. We will also ask for feedback on discussion questions for the Accessory Dwelling Unit (ADU) ordinance.
1.0 Project Background
SB2 Planning Grant
The City received a grant from the California Department of Housing and Community Development (HCD) SB2 Planning Grant Program to streamline planning and permitting processes, update ordinances, and implement other activities that facilitate housing production. The City also adopted a Housing Element Update last year; this project helps implement Housing Element policies and programs and will provide clear City standards that assist the public, developers, staff, and decision makers.
Project Overview
HCD awarded the City the SB2 grant to accelerate future production of housing. The Project includes the following tasks: improvement standards and specifications update, multifamily zoning update, accessory dwelling unit ordinance, infrastructure provision and financing opportunities analysis, employee housing code update, and GIS layers update.
Public engagement includes stakeholder committee input (two stakeholder meetings have been conducted so far), a series of City Council and Planning Commission Special Study Sessions, and public workshop(s). The initial data gathering, GIS mapping, infrastructure analysis, and evaluation of improvement standards and specifications are underway.
Stakeholder Meetings
The City held the first stakeholder meeting on October 14, 2020 to introduce the project and receive preliminary input on issues associated with accessory dwelling units (ADUs). All eight stakeholders participated in this meeting including Tina Christiansen, Ron Brown, Jerry McGillivray, John Egan, Clif Clendenen, Derek Glavich, Dennis Fitze, and Abe Fockaert. At the second meeting on December 1, 2020, stakeholders provided feedback on the recommended approach to the design standards and ADU ordinance (same approach described in this document). Five stakeholders participated in this meeting.
Major themes in the stakeholder feedback on the design standards approach included the following:
• There are benefits to allowing projects to avoid design review through the use of new design standards.
• However, new standards could also increase development costs and reduce housing affordability, in conflict to project goals.
• Design requirements should not be “too egregious” (i.e., overly burdensome). • The City should avoid imposing too many new requirements; minimizing regulation may be a better way to reduce costs and encourage development.
• Flexibility is important; consider allowing developers to choose from options. 2 • Consider varying standards for different locations; development in all areas should not be treated the same.
In response to the ADU ordinance approach, one stakeholder commented that standards to address neighbor compatibility (privacy) are important with 16 foot allowed height close to property line.
2.0 Multifamily Design Standards
Task Goal
The goal of the Multifamily Design Standards task is to accelerate multifamily and affordable housing production in Fortuna by:
• Streamlining the approval process (reduce applicant cost and time) • Clearly identifying development and design requirements (increase certainty and predictability for applicants)
• Communicating requirements in a way that is easy to understand • Clarifying the roles of City staff and Planning Commission in decision-making process • Ensuring quality development that will be supported by the community • Continuing to allow for flexibility and innovative solutions Recommended Approach
A recommended approach to accomplish this task goal is described below. At the December 7, 2020 we will ask for feedback on this approach. The recommended approach addresses five issues:
1. Required Approvals
2. Design Topics to Address
3. Variation in Standards
4. Deviation from Standards
5. Use of Options
2.1. Required Approvals
Senate Bill (SB) 35, adopted in 2017, requires California cities to allow by-right certain types of housing development. If requested by an applicant, SB 35 requires Fortuna to review qualifying multifamily housing projects through a ministerial process without a use permit, design review, or public hearings.
Qualifying projects must contain at least 10 percent affordable units, agree to pay construction works prevailing wages, and meet other requirements. The City must approve a qualifying project if it complies with all “objective standards” in effect at the time the application was submitted.
The City may offer a streamlined approval process to projects beyond those eligible under SB 35. An expanded streamlined approval process would increase housing production, reduce housing costs, and increase certainty for applicants and the community. A ministerial approval process would also help Fortuna comply with state law that limits the City’s ability to deny housing projects that meet objective standards.
Recommendation: Eliminate Design Review and allow by-right all multifamily and mixed-use development that complies with new objective standards. 3 2.2. Topics to Address
The City may adopt objective standards to address a wide range of building and site design topics.
Standards should ensure quality development that will be supported by the community. Standards should not be excessive or burdensome in a way that discourages housing production. Standards need to provide certainty and predictability while also providing flexibility to address unique circumstances.
Recommendation: Prepare design standards for the topics below. Examples given are for illustrative purposes and are not a specific recommendation at this time. • Circulation and Streetscape
• Parking and Vehicle Access
• Building Placement, Orientation, and Entries
• Building Massing and Open Space
• Facade and Roof Design
• Other Site Features
2.3. Variation in Standards
Design standards can apply generally to development in all areas of the city, or can be tailored to different zoning districts or other areas. Standards can also vary for different types of development (e.g., duplex vs. mixed-use building) or size of development site.
Recommendation: Explore standards that are tailored to different areas in the city.
2.4. Deviation from Standards
Design standards need to specify if a proposed project may deviate from the standards through a discretionary process. If deviation is allowed, the standards need to identify who approves the deviation, the criteria to allow the deviation, and if deviation is allowed from all standards, or just certain ones.
Recommendation: Allow deviation from all standards with Planning Commission approval.
2.5. Use of Options
Design standards can require one method for a proposed project to achieve a design objective. For example, to provide variation in facade articulation, the design standards could require all building walls to feature a wall modulation or increase setback every 30 feet. Alternatively, projects could choose from different options to achieve the objective. With this approach, a project could achieve the facade articulation objective by selecting from options such as changes in material and color, vertical accent lines, wall modulation, balconies, bay windows, and changes in building height.
Recommendation: Allow projects to choose from multiple options to meet certain requirements.
3.0 Accessory Dwelling Unit Ordinance
Background
An ADU is a self-contained living unit on the same lot as a primary dwelling. An ADU is sometimes called a “second unit” or “in-law unit” because it is smaller than and secondary to the primary dwelling on the 4 lot. An ADU can be detached from or attached to a primary dwelling. ADUs can also be created by converting a garage or existing space in a home into a separate living unit.
State law contains detailed requirements for local ADU regulations. Currently, the City does not have an ADU ordinance but instead relies on state law to review and approve proposed ADUs.
In 2019 the California legislature adopted several new bills that significantly changed state ADU laws.
The City now intends to adopt its own ADU ordinance consistent with state law as amended. Important requirements in state ADU law include the following:
• Permits Required. If an ADU complies with the standards in the City’s ADU ordinance and state law, the City must approve the ADU ministerially with a building permit. The City may not require any other permit, discretionary review, or public hearing. • Where Allowed. The City must allow ADUs in any zoning district where single-family or multifamily dwellings are a permitted use.
• Multifamily ADUs. The City must allow 1) ADUs within the portions of existing multifamily dwelling structures that are not used as livable space; and 2) Two detached ADUs on a lot with an existing multifamily dwelling.
• Maximum Floor Area. The City must allow a floor area of at least 1,200 square feet for a detached ADU. For an attached ADU with one bedroom or less, the City must allow 50 percent of the existing primary dwelling or 850 square feet. For an attached ADU with more than one bedroom, the City must allow 50 percent of the existing primary dwelling or 1,000 square feet. • Setbacks. The City must allow ADUs setback 4 feet from side and rear property lines. • Height. The City must allow detached ADUs with a height of at least 16 feet. • Parking. The City may require no more than one parking space for an ADU, and may not require any parking if the ADU meets certain requirements (see parking discussion question below).
Discussion Questions
City staff and consultants are currently in the process of drafting Fortuna’s new ADU ordinance. The majority of requirements in the ordinance are dictated by state law. For certain issues, state law allows the City to adopt optional provisions or to establish standards that are more permissive than state requirements. Below are discussion questions for four such issues where City discretion is allowed.
3.1. Detached ADU Height
State law requires the City to allow detached ADUs of at least 16 feet in height. The City may choose to allow detached ADUs greater than 16 feet.
Recommendation:
• Allow detached ADUs up to 16 feet by-right.
• With a Use Permit, allow detached ADUs greater than 16 feet up to the height of the primary residence.
3.2. Parking
The City may not require more than one parking space for an ADU. In addition, parking may not be required for an ADU that is:
5 • Within one-half mile walking distance of public transit; • Within an architecturally and historically significant historic district; • Part of the proposed or existing primary residence or an accessory structure; • In an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; and/or
• Within one block of a car share vehicle.
The City may establish less-restrictive ADU parking requirements than those mandated by State law.
Recommendation: Never require a parking space for an ADU. In most cases the City cannot require a parking space due to proximity to public transit.
3.3. Objective Design Standards
The City may establish design standards for ADUs if these standards are “objective.” State law defines objective standards as “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” Also, design standard must be consistent with the legislative intent of state ADU law that standards may not be “so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.”
Recommendation: Establish objective design standards for the following:
• Entrance orientation (e.g., main entry facing front or interior of parcel). • Privacy impacts (e.g., for ADU walls within 10 ft. of side or rear property line, require a solid fence or clerestory or opaque windows)
• Second story decks and balconies (e.g., minimum setback from side or rear property line • Historic preservation standards (e.g., reduced maximum height relative to primary structure, required placement on lot relative to front property line, prohibited rooftop additions, prohibited exterior alterations to primary dwelling, required separation or insets from primary dwelling, exterior colors).
3.4. Deviating from Standards
If a proposed ADU complies with the City’s standards and state law, the City must approve the ADU ministerially without discretionary review or a public hearing. The City may require a discretionary process to approve ADUs that deviate from standards in the City’s ordinance.
Recommendation: Allow deviations from standards with Planning Commission approval.