“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipalservices and by forming partnerships with residents and organizationsin the constant pursuit of excellence.”
Page Item STANDING AGENDA ITEMS
1. Call to Order and Flag Salute
2. Roll call
3. Special Presentation: Kaila Burns, Chamber of Commerce
4. Public Comment:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an agenda item noted on the regular agenda, please address the Council when that item is open for public comment.
Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. If you have documents to present to members of Council, please provide a minimum of seven (7) copies to the Deputy City Clerk. Email Comments may be submitted to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council prior to the meeting. These items will NOT be read into the record.
5. Council and Staff Comments
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Mt. Shasta City Council Regular Meeting Agenda
Monday, August 12, 2024, 5:30 p.m.
Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd. Mt. Shasta, CA The meeting can also be viewed online at the
following link:
MountShasta.22Ave.tv
For the safety of our staff, the council, and public, we are no longer allowing members of the audience to carry large bags, backpacks, or other items outside of small personal items such as purses or satchels. Only service animals are allowed inside council chambers; nonservice pets are not allowed under any circumstances. Violators will be asked to remove the bag and/or animal, and refusal to do so will be cause for removal from the meeting.
City Council Regular Meeting August 12, 2024 1
Mt. Shasta Regular City Council Meeting Agenda
Monday, August 12, 2024
CITY COUNCIL BUSINESS
All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: July 22, 2024 Regular Meeting and July 29, 2024 Special Meeting b. Approval of Disbursements: Accounts Payable: 7/22 and 7/23/2024; Total Gross Payroll and Taxes: For Period Ending 7/21/2024
c. Adoption of Resolution CCR-24-XX, Claiming the City’s Apportionment of Local Transportation Funds
Background: The State of California Department of Housing and Community Development awarded the City of Mt. Shasta $3,499,500 for construction of 6,750 feet of water mains, 69 water services, 9 fire hydrants, and a pressure reducing valve. The project was able to dramatically increase the water supply to the hospital and elementary school due to the larger sized pipes that were installed. The City Council must hold a public hearing as part of the process to close out the grant.
Report By: Muriel Terrell, Finance Director
Recommended Council Action: Staff respectfully requests the City Council adopt Resolution CCR-24-XX approving the closeout of the CDBG Pine Street Project for the 20-CDBG-12093 Grant.
9. Public Hearing: Recommended Findings of CEQA Exemption and Amendment of 2023-2031 Housing Element Update
Background: The 2023-31 Housing Element Update was submitted to HCD for review twice. In clearly articulated findings, HCD requires the removal of the CUP requirement for all multi-family housing.
Accordingly, on July 16, 2024, Planning Commission approved Resolution PC-2024-02 recommending City Council revise the Housing Element removing the Conditional Use Permit (CUP) discretionary process for all multi-family housing. Please note that HCD’s remaining comments are non-substantive in nature and will be resolved at a Staff level.
Report By: Jeff Mitchem, Planning Director
Recommended Council Action: Staff recommend City Council adopt the attached Resolution CCR-24-XX approving:
1. Amendment to the Adopted Housing Element of the City’s General Plan to require by-right multi-family residential in the R-3, C-1 and C-2 zones subject to ODS and re-submit to HCD.
2. Findings that amending the 2023-31 Housing Element update as proposed is exempt from the CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Housing Element amendment will not have a significant effect on the environment.
10. Public Hearing: Amendments to the Mt Shasta Municipal Code Chapters 5.50 and 18.21 Background: Consideration of an Ordinance amending Mt Shasta Municipal Code Chapter 5.50 to prohibit Short-term Rentals in R-2 and R-3 zoning districts (Short-term Rentals are currently prohibited in R-1) and Registration Certificate Requirements and amending MSMC Chapter 18 to revise the definition of Bed and Breakfasts clarifying provisions related to serving of meals.
Report By: Jeff Mitchem, Planning Director
Recommended Council Action: Conduct a Public Hearing and introduce the attached draft Ordinances, waive their reading, and move to second reading and adoption finding that the action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
City Council Regular Meeting August 12, 2024 2
4-17
18-20
Page
21-131
Page
132-137
Mt. Shasta Regular City Council Meeting Agenda
Monday, August 12, 2024
11. Professional Services Proposal – Kosmont Companies
Background: As was discussed at previous Council meetings, there are several tasks that need to be completed by the City in order for the State to certify an Enhanced Infrastructure Financing District (EIFD), two of which include the production of an engineer’s map and survey documents. The City has received responses from two firms that included cost estimates of the work. Council will discuss two proposals and determine a course of action.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Staff recommends hiring Blair, Church, and Flynn to complete an engineer’s map and survey documents as required to form an EIFD.
CITY COUNCIL/STAFF REPORTING PERIOD
12. Reports on Outside Meetings
13. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. Second Reading of Ordinance Municipal Code Amendments Mt Shasta Municipal Code Chapters 5.50 and 18.21 – 8/26/2024
b. Beautification Committee Presentation to Council – TBD c. Approval of Funds to Complete a Survey of Washington Avenue – TBD d. Amendment of Parklet Ordinance – TBD
e. Graffiti Ordinance – TBD
f. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
g. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD h. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD i. Discussion and Possible Action: Snow Removal Operations – TBD Future Agenda Items Over 90 Days:
j. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
k. Objective Design Standards Presentation/Discussion
14. Adjourn
I, Kathryn Joyce, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance at the Mt.
Shasta City Hall, 305 N. Mt. Shasta Blvd, Mt. Shasta, CA, in the glass case and on the City website at www.mtshastaca.gov.
Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City’s web site. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting shall be made available on the City’s web site www.mtshastaca.gov.
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 530-326-7516 or [email protected] as soon as possible.
Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
City Council Regular Meeting August 12, 2024 3
Page
138-140
Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, July 22, 2024; 5:30 p.m.
City Park Upper Lodge, 1315 Nixon Road, Mt. Shasta
“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipal services and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
STANDING AGENDA ITEMS
1. Call to Order and Flag Salute: At the hour of 5:30 p.m. Mayor Stackfleth called the meeting to order and led the audience in the flag salute.
2. Roll Call:
Council Members Present: Stackfleth, Collings, Redmond, Stearns, Clure Council Members Absent: None
3. Special Presentation: None
4. Public Comment: None
5. Council and Staff Comments:
Todd Juhasz, City Manager – Comments about responses to the request for proposals for the Lake Street traffic calming project. Update on the old hospital and The Landing.
Muriel Terrell, Finance DIrectorU – Introduction of new Finance Director Malisa Dodd.
Questions from Council.
John Stackfleth, Mayor – Comments regarding the wastewater treatment plant and the removal of heavy metals from the wastewater.
Discussion.
6. Committee Updates: No committee updates.
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
CITY COUNCIL BUSINESS
City Council Regular Meeting August 12, 2024 4
City of Mt. Shasta Regular City Council Meeting Minutes Monday, July 22, 2024
7. Consent Agenda:
COUNCIL ACTION: Approved the following Consent Agenda items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived.
a. Approval of Minutes: July 8, 2024 Special and Regular Meetings b. Approval of Disbursements: Accounts Payable: 7/1, 7/10, 7/11, 7/16/2024; Total Gross Payroll and Taxes: For Period Ending 7/7/2024
c. Monthly Investment and Revenue Report
d. Approval of A Resolution Approving an Application for Funding and Execution of a Grant Agreement and Any Amendments Thereto from the 2023 and/or 2024 Funding Year of the State CDBG Program, CCR-24-22
COUNCIL ACTION: Approve items a-d
MOTION TO APPROVE: Clure
SECOND: Redmond
AYES: Stackfleth, Collings, Redmond, Stearns, Clure
NOES: None
ABSENT: None
ABSTAIN: None
8. The Landing: Recommended approval of a highest and best use study and a commercial appraisal Todd Juhasz, City Manager – Review of commercial appraisal needed, quotes received, recommended contractor.
Clarifying questions from Council.
No public comment.
COUNCIL ACTION: Authorize City staff to move forward with a contract with Ryan Valuations as set forth.
MOTION: Stearns
SECOND: Redmond
AYES: Redmond, Clure, Collings, Stearns, Stackfleth
NOES: None
ABSENT: None
ABSTAIN: None
9. Approval of a one percent sales tax measure to be dedicated to public safety Todd Juhasz, City Manager – Review of proposed sales tax measure Clarifying questions from Council.
No public comment.
Council and staff discussion.
COUNCIL ACTION: Approve Resolution CCR-24-23 A Resolution of the city council of the city of Mount Shasta requesting the election clerk of the county of Siskiyou to place on the November 5, 2024 ballot a measure to adopt a sales and transaction tax as a special tax requiring a two-thirds vote.
Whereas, the City Council of the City of Mount Shasta desires to place on the November 5, 2024 Ballot a ballot measure to authorize the imposition of a 1% sales tax; and Whereas, the ballot measure is a Special Tax with revenues to be used for Police and Fire Protection and requiring a two-thirds vote for adoption
MOTION: Clure
SECOND: Redmond
AYES: Redmond, Clure, Stearns, Stackfleth
NOES: Collings
ABSENT: None
ABSTAIN: None
City Council Regular Meeting August 12, 2024 5
City of Mt. Shasta Regular City Council Meeting Minutes Monday, July 22, 2024
10. Reports on Outside Meetings: Mayor Stackfleth reported on the League of Local Agencies meeting and the Siskiyou Economic Development Council meeting and celebration.
11. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through l. Items added: Approval of ballot signers special meeting. a. Public Hearing: Housing Element Amendment – 8/12/2024 b. Amendments to the Short-Term Rental and Bed and Breakfast Ordinances – 8/12/2024 c. Beautification Committee Presentation to Council – TBD d. Approval of Funds to Complete a Survey of Washington Avenue – TBD e. Amendment of Parklet Ordinance – TBD
f. Graffiti Ordinance – TBD
g. Discussion and Possible Action: Rental, Lease, or Purchase of Lot Located at the northwest corner of Alma and N. Mt. Shasta Blvd – TBD
h. Discussion and Possible Action: Expansion of the Downtown Parking District Borders - TBD i. Discussion and Possible Action: Amendment to Sidewalk Ordinance – TBD j. Discussion and Possible Action: Snow Removal Operations – TBD Future Agenda Items Over 90 Days:
k. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
l. Objective Design Standards Presentation/Discussion
12. Adjourn: There being no further business, the meeting was adjourned at 6:50 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk City Council Regular Meeting August 12, 2024 6
Mt. Shasta City Council Special Meeting DRAFT Minutes
Monday, July 29, 2024; 4:30 p.m.
305 N. Mt. Shasta Blvd
Mt. Shasta, CA 96067
“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipal services and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
STANDING AGENDA ITEMS
1. Call to Order and Roll Call: At the hour of 4:30 p.m. Mayor Stackfleth called the meeting to order.
Council Members Present: Stackfleth, Collings, Redmond, Stearns Council Members Absent: Clure
2. Approving Ballot Argument for Measure B: Public Safety Tax Measure Todd Juhasz, City Manager – Introduction of the item, review of proposed ballot argument signers Ron Cervelli and Gino Fiorucci.
Clarifying questions from Council.
No public comment.
Council Action: Approve CCR-24-24, authorizing Ron Cervelli and Gino Fiorucci to sign the ballot argument for the public safety tax measure known as Measure B.
MOTION: Stearns
SECOND: Redmond
AYES: Redmond, Collings, Stearns, Stackfleth
NOES: None
ABSENT: Clure
ABSTAIN: None
3. Adjourn: There being no further business, the meeting was adjourned at 4:33 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk City Council Regular Meeting August 12, 2024 7
City Council Agenda Item #7b
Staff Report
Meeting Date: August 12, 2024
To: Mayor and City Council
From: Muriel Howarth Terrell, Finance Director
Subject: Approval of Warrants and Payroll
Recommendation:
Staff requests the Mayor and City Council Approve warrants paid including payroll benefits and withholding, and payroll distribution, in the amount of $863,018.83 Background & Summary:
Approval of Check Numbers 52610-52653 $ 692,542.23
Total Payroll Distribution $ 98,841.71
Total EFTPS – CalPERS, Nationwide $ 27,113.76
Total Payroll EFTPS Taxes $ 44,521.13
$ 863,018.83
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – 7/22/24, 7/23/24
2.) ACH Payroll Distribution – 7/25/24
3.) EFTPS Reports – Payroll/CalPERS 7/25/24
Regular
x Consent
Closed
Presentation
City Council Regular Meeting August 12, 2024 8
City Council Regular Meeting August 12, 2024 9
City Council Regular Meeting August 12, 2024 10
City Council Regular Meeting August 12, 2024 11
City Council Regular Meeting August 12, 2024 12
City Council Regular Meeting August 12, 2024 13
City Council Regular Meeting August 12, 2024 14
City Council Regular Meeting August 12, 2024 15
CITY COUNCIL AGENDA ITEM NO 7c
Date: August 12, 2024
To: Mayor and Council
From: Director of Finance
Subject: Local Transportation Funds
RECOMMENDATION:
We respectfully request council adopt the proposed resolution CCR-24-XX, A Resolution of the City Council of the City of Mt. Shasta Claiming the City’s Apportionment of Local Transportation Funds in the amount of $148,643 of which $52,637.00 is Claimed for Streets and Road Purposes and the Balance to Be Used for Unmet Public Transit Needs, and Authorizing the Mayor to Execute the Claim.
BACKGROUND:
Every year the State of California makes available to local jurisdictions a portion of the revenues collected from gasoline and other transportation taxes, pursuant to Section 99260 and 99400 of the Public Utilities Code. The Local Transportation Commission (LTC) is the administrator of these funds for each County. The distribution of funds available each year is primarily based on population estimates complied by the State Department of Finance.
The first call of these funds is for unmet public transportation needs as determined by the Local Transportation Commission. The LTC periodically hold public hearings at various locations in the County to determine those needs. The cities and other local jurisdictions are then allowed to claim their respective shares of the remaining balances for street and road purposes. The estimated amount of allocation for 2024-2025 is estimated to be $52,637.00. The LTC has determined that $96,006.00 is needed for unmet public transit needs that are reasonable to meet the STAGE operating budget for the year.
Over the years, the City has reserved these Local Transportation Funds for the purpose of major reconstruction projects, so these funds do not necessarily affect day to day operations but will affect long range infrastructure needs of the City.
Attachments: Proposed Resolution with Claim
City Council Regular Meeting August 12, 2024 16
RESOLUTION CCR-24-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
CLAIMING THE CITY’S APPORTIONMENT
OF LOCAL TRANSPORTATION FUNDS
IN THE AMOUNT OF $148,643.00 OF WHICH
$ 52,637.00 IS CLAIMED FOR STREETS AND ROADS PURPOSES
AND THE BALANCE OF $96,006.00 IS TO BE USED
FOR UNMET PUBLIC TRANSIT NEEDS
AND AUTHORIZING THE MAYOR TO EXECUTE THE CLAIM
WHEREAS, the State Transportation Development Act makes Local Transportation Funds available to Cities and Counties; and
WHEREAS, these funds may be claimed for streets and roads purposes, but only after public transit needs have been met; and
WHEREAS, Siskiyou County has determined the public transit needs will require $96,006 of the City’s apportionment for the fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt. Shasta that a claim in the amount of one-hundred forty-eight thousand six hundred forty-three dollars and zero cents ($148,643.00), of which $96,006.00 shall be used for public transit and $52,637.00 shall be used for streets and road purposes, is made against the Local Transportation Fund for Siskiyou County for fiscal year 2024-2025.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the attached claim on behalf of the City.
*****************
The foregoing resolution was passed and adopted this 12th day of August 2024 by the City Council of the City of Mt. Shasta by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: August 12, 2024
CITY OF MT. SHASTA
_____________________________
ATTEST: John Stackfleth, Mayor
_____________________________
Kathryn Joyce, Deputy City Clerk
City Council Regular Meeting August 12, 2024 17
City Council Agenda Item #8
Meeting Date: August 12, 2024
To: Mayor and City Council
From: Finance Director, Muriel Howarth Terrell
Subject: Public Hearing regarding required Pine Street Project Closeout Recommendation:
Staff respectfully requests the City Council accept a resolution CCR 24-XX approving the Closeout of the CDBG Pine Street Project.for the 20-CDBG-12093 Grant.
Background & Summary:
The State of California Department of Housing and Community Development Block Grants awarded $3,499,500 for construction of 6,750 feet of water mains, 69 water services , 9 fire hydrants and a pressure reducing valve were installed with the available funds.The project was able to dramatically increase the water supply to the hospital and elementary school due to the larger sized pipes installed under the railroad tracks. This is one of the first infrastructure projects funding through the CDBG program as that particular area of town met the income requirement for infrastructure funding.
Financial Impact:
The financial impact is we were reimbursed for a total of $3,400,280.53.
Attachments:
Resolution CCR-24-XX
x Regular Session
Special Session
Emergency
Session
Closed Session
City Council Regular Meeting August 12, 2024 18
City Council Regular Meeting August 12, 2024 19
RESOLUTION CCR-24-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
AUTHORIZING AND APPROVING THE COMPLETION
OF THE PINE STREET WATER SYSTEM IMPROVEMENT PROJECT
FOR THE 20-CDBG-12093 GRANT
WHEREAS, the City of Mt. Shasta held a council meeting on August 12, 2024 at 5:30 p.m. at 1315 Nixon Rd., Mt. Shasta, CA 96067, to discuss the acceptance of the Pine Street Water System Improvement Project for the 20-CDBG-12093; and
WHEREAS, after the public hearing the City Council voted to adopt the acceptance of the closeout of the Pine Street Water System Improvement Project.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mt. Shasta
1. That the City Council approve and accept the closeout of the Pine Street Water System Improvement Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Mt. Shasta of held on August 12, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: CITY OF MT. SHASTA
____________________________________
John Stackfleth, Mayor
ATTEST:
___________________________
Kathryn M. Joyce, Deputy City Clerk
STATE OF CALIFORNIA
City of Mt. Shasta
I, Kathryn Joyce, the Deputy City Clerk of the City of Mt. Shasta, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 12th day of August 2024.
Kathryn Joyce, Deputy City Clerk
City of Mt. Shasta
By: ______________________________
Kathryn Joyce, Deputy City Clerk
City Council Regular Meeting August 12, 2024 20
CITY OF MT. SHASTA
STAFF REPORT
TO: City Council
FROM: Jeff Mitchem, Planning Director
DATE: August 12, 2024
SUBJECT: Recommended Findings of CEQA Exemption and Amendment of 2023-2031 Housing Element Update
ITEM
By-right Housing Permission for Multi-Family Residential Development subject to Objective Design Standards (ODS). In response to California Department of Housing and Community Development (HCD) certification findings, revision to Adopted 2023-31 Housing Element Program 2.3.4 conveying that all multi-family residential development (instead of deed restricted affordable housing only) is subject to ministerial review by Planning Commission for compliance with ODS.
PLEASE NOTE: ODS are referred herein for context only. They are under concurrent public review by Planning Commission and Objective Design Standards Subcommittee. Procedurally, ODS may only be adopted after the Housing Element is certified, because Municipal Code amendment findings include General Plan consistency. City Council can expect Planning Commission recommendations for consideration in fall 2024.
RECOMMENDATION
Staff recommend City Council adopt the attached Resolution (Attachment A) approving:
Housing Element Amendment. Amendment to the Adopted Housing Element (Attachment B) of the City’s General Plan to require by-right multi-family residential in the R-3, C-1 and C-2 zones subject to ODS (Attachment C) and re-submit to HCD.
Environmental Review. Findings that amending the 2023-31 Housing Element update as proposed is exempt from the CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Housing Element amendment will not have a significant effect on the environment.
BACKGROUND
Adopted 2023-31 Housing Element. The 2023-31 Housing Element Update was submitted to HCD for review twice. In clearly articulated findings (Attachment D), HCD requires the removal of the CUP requirement for all multi-family housing:
HCD Finding (09.05.2023): The element must include or modify programs committing to permit multifamily projects with objectivity and certainty and addressing or removing the CUP requirements for multifamily housing in zones intended to permit multifamily housing.
City Council Regular Meeting August 12, 2024 21
HCD Finding (03.12.2024): Program HO-2.3.4 (Streamlined Multifamily Approval): In accordance with Government Code, § 65583, subd. (a)(6).): An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels. The program is limited to qualifying housing development and instead should address the CUP requirements as a constraint for all multifamily development.
Accordingly, on July 16, 2024, Planning Commission approved Resolution PC-2024-02 recommending City Council revise the Housing Element removing the Conditional Use Permit (CUP) discretionary process for all multi-family housing as follows:
Revised Program: HO-2.3.4. Zoning Updates for Multifamily Development: (1) The City shall amend the Mt. Shasta Municipal Code, Title 18, to permit owner-occupied, rental, and mixed tenure multifamily uses by-right without a conditional use permit or other discretionary permit for qualifying multifamily housing developments as required by State law in the R-3, C-1, and C-2 zones. Code-compliant qualifying multifamily housing developments shall be subject only to written objective development and performance standards and shall be provided approval certainty developments if compliant. The amendments to the Mt. Shasta Municipal Code shall expressly exempt qualifying housing projects from both the Architectural Review requirements of Section 18.60 et seq. of the Mt. Shasta Municipal Code. Timing: Within two one year one year from adoption of the Housing Element Please note that HCD’s remaining comments are non-substantive in nature and will be resolved at a Staff level.
CONSIDERATIONS
Current Municipal Code Implications. If approved, this amendment will trigger revisions to MSMC Sections 18.16.020 R-2 (Table 6), R-3 (Table 7) to remove the Conditional Use Permit process for review of multiple-family dwellings over four units. Amendments will also be required to MSMC Chapter 18.60, Architectural Review to provide ODS applicability to duplexes and triplexes in R-1 and R-2 zoning districts. Current code exempts from Design Review SingleFamily, Duplexes, Triplexes in R-1 & R-2.
New State Statutory Mandates. Recent and soon to be effective State Laws expand ministerial review provisions to non-deed restricted housing developments. Most noteworthy, SB 684 (effective date: July 1, 2024) will require Ministerial Approval of Up to 10-Unit Housing Projects on Small Sites. In an effort to meet the need for "missing-middle" housing types that are not inherently expensive to build, SB 684 requires CEQA-exempt ministerial approval for up to 10 units of housing on qualifying multifamily infill sites of no more than 5 acres.
What is Ministerial Review? By statute, ministerial projects do not require public hearings.
However, the statute does allow “design review or public oversight” to occur if a locality so chooses. This process may be conducted by the planning commission or equivalent board or commission responsible for review and approval of development projects, or the city council.
This process must be objective and strictly focused on assessing compliance with standards required for streamlined projects, as well as any reasonable objective design standards that were in effect before the application was submitted. This process may not in any way “inhibit, chill, or preclude the ministerial approval” allowed by SB 35 (Section 65913.4(c)(1)).
Conditions of Approval. Despite being exempt from CEQA, ministerial projects must still be “code compliant” and may be conditioned to comply with any applicable codified provisions, particularly those required to protect public health, safety, and welfare.
What is a Code Compliant Project? To be code compliant, they must comply with all applicable City Council Regular Meeting August 12, 2024 22
development requirements in the City, including but not limited to:
General Plan
Municipal Code
Guidelines and Standards for Land Use Near Streams and Wetlands Active Transportation Plan
Parks and Public Works Standards
City Fire Department and CalFire Requirements
ATTACHMENTS
A. Resolution
B. 2023-31 Amended Housing Element – Chapter 2 Goals, Policies, Programs
1. Full Document available at: https://www.siskiyou-housing.com/mt-shasta/.
C. Objective Design Standards (Draft only – not for current action) D. HCD Comments – City Response Matrix
City Council Regular Meeting August 12, 2024 23
ATTACHMENT A
RESOLUTION CCR-24-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
APPROVING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION PURSUANT TO CEQA SECTION 15061(b)(3) AND AMENDMENT TO THE ADOPTED 2023-2031 HOUSING ELEMENT UPDATE WITH FINDINGS
THAT IT SUBSTANTIALLY COMPLIES WITH STATE HOUSING ELEMENT LAW WHEREAS, the State of California Government Code at Article 10.6 (sections 65580 through 65589.8) states that the availability of housing is of vital statewide importance and directs the preparation, content, and adoption of housing elements; and WHEREAS, state Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element update every eight years. The current update is referred to as the 6th cycle update for the 2023-2031 planning period. In order to comply with state law, the City of Mt. Shasta has undertaken the review and update of the Housing Element for the 6th cycle planning period that sets forth housing policies and programs to facilitate the preservation and development of housing; and WHEREAS, as provided in Government Code Sections 65352 – 65352.5 in December 2022 and January 2023, the City of Mt. Shasta mailed a public notice to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and
WHEREAS, no California Native American tribe requested consultation; and WHEREAS, Chapter 1 of the 6th cycle 2023-31 Housing Element describes the public participation effort undertaken to update the housing element; and WHEREAS, in accordance with Government Code Section 65585 (b), on April 5, 2023, the City posted the Public Review Draft Housing Element and requested public comment for a 30-day review period, and on June 7, 2023, after responding to public comments, the City submitted the Draft 2023-31 Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on September 5, 2023, HCD issued a letter with written findings regarding the Draft 2023-2031 Housing Element update. This letter states that while the Draft Housing Element addresses most of the statutory requirements certain portions needed additional information in order for HCD to consider the Housing Element for certification; and WHEREAS, the City has considered HCD’s recommended modifications and incorporated revisions into the document and produced the Final 2023-31 Housing Element as needed in order to respond to HCD’s specific requirements to ensure the Housing Element substantially complies with Housing Element law; and
City Council Regular Meeting August 12, 2024 24
WHEREAS, on November 22, 2023, the City published the Final 2023-31 Housing Element responding to HCD’s findings and invited continued public input; and WHEREAS, on November 28, 2023, the Planning Commission of the City of Mt. Shasta conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the Final 2023-2031 Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and WHEREAS, on November 28, 2023, the Planning Commission of the City of Mt. Shasta approved Resolution No. 2023-01 recommending the City Council find the Housing Element exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines and the Housing Element complies with State Housing Law, and provide direction of staff to submit the Final 2023-31 Housing Element to HCD for final 60-day review and anticipated certification; and
WHEREAS, on December 20, 2023, the City published notice of the January 8th City Council meeting public in the Mt. Shasta Herald, and published all Housing Element documents on the City’s website; and
WHEREAS, on January 8, 2024, City Council held a public hearing to consider Planning Commission recommendation, receive public comment, and provide direction of staff to submit the Final 2023-31 Housing Element to HCD for final 60-day review and anticipated certification; and
WHEREAS, on March 12, 2024, HCD issued a letter with written findings regarding the Adopted 2023-2031 Housing Element update. This letter states that while the Adopted Housing Element addresses most of the statutory requirements, certain portions needed revisions in order for HCD to consider the Housing Element for certification, most substantively eliminating the Conditional Use Permit requirement for multi-family housing in R-3, C-1 and C-2 zoning districts; and
WHEREAS, City Staff considered HCD’s recommended modifications and incorporated revisions into the document and produced the Amended 2023-31 Housing Element as needed in order to respond to HCD’s specific requirements to ensure the Housing Element substantially complies with Housing Element law; and
WHEREAS, on June 5, 2024, the City published the Amended 2023-31 Housing Element responding to HCD’s findings and invited continued public input; and WHEREAS, on July 16, 2024 Planning Commission held a duly noticed public hearing and adopted Resolution PC-2024-02 recommending City Council find the Housing Element amendment exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines and the amended Housing Element complies with State Housing Law, and provide direction of staff to submit the Amended 2023-31 Housing Element to HCD for certification; and
City Council Regular Meeting August 12, 2024 25
WHEREAS, the City Council finds, as conveyed in Attachment 1, Exhibit A of the Staff Report, that the Amended 2023-31 Housing Element is in substantial compliance with State Housing Element Law and will comply with State Housing Element Law when it is adopted; and WHEREAS, the City as lead agency determined the 2023-21 Housing Element amendment does not have the potential to cause a significant impact to the environment and is hereby found to be exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines as the Housing Element will 1) not result in any direct or indirect physical changes to the environment; 2) the Housing Element does not make any changes to the General Plan land use map and would not modify any land use designations, allowed densities, or land use intensities established by the General Plan; 3) the revisions would not result in any changes to the intensities or densities of allowed uses beyond those allowed by the General Plan and those standards currently required by State law; 4) the Housing Element does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, but rather updates housing policies and programs in order for the City of Mt. Shasta to comply with State housing law; and WHEREAS, the City Council finds the Amended 2023-31 Housing Element, and the programs and housing action plan contained in Chapter 2 take meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics, consistent with the City’s obligation to affirmatively further fair housing pursuant to Government Code Section 8899.50; and
WHEREAS, the City Council finds that the Amended 2023-31 Housing Element is in the public interest because it provides the City with a mechanism to further social, economic, housing and other goals that have been adopted by the City Council and the State Legislature.
The Amended 2023-31 Housing Element will help the City achieve the following housing goals:
1. Provide Adequate Sites
2. Ensure the Availability of a Variety of Housing Types
3. Conserve, Rehabilitate, and Enhance the Condition of the Existing Housing Stock and Residential Neighborhoods.
4. Facilitate the Provision of Housing Suited to Persons with Special Needs
5. Encourage and Support the Development of Affordable Housing
6. Encourage Sustainable Housing Development and Energy Conservation
7. Promote Equal and Fair Housing Opportunities for All People WHEREAS, the City Council finds the Amended 2023-31 Housing Element is consistent with a comprehensive view of the Mt. Shasta General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt. Shasta as follows:
1. The above recitations are true and correct and are incorporated by reference into this action; and
City Council Regular Meeting August 12, 2024 26
2. Finds that the Amended 2023-31 Housing Element is exempt from the CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as Housing Element adoption will not have a significant effect on the environment; and
3. As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department's letter to the City of Mt. Shasta dated March 12, 2023 consistent with Government Code Section 65585(e), and the Housing Element has been amended in response to the findings of the Department, as set forth in Attachment B to the staff report, to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.
4. The Housing Element as amended substantially complies with State Housing Element Law, as provided in Government Code 65580 et seq. and contains all provisions required by State Housing Element Law.
5. Adopts the General Plan Amendment 2023-2031 Housing Element as amended; and
6. Directs the Planning Director or designee, pursuant to Section 65585(b)(1) of the California Government Code, post the amended 2023-31 Housing Element on the City’s website and email a link to all individuals and organizations that have previously requested notices for at least seven (7) days; and
7. Authorizes the City’s Planning Director or designee to transmit the Amended 2023- 31 Housing Element to HCD for review upon completion of the seven-day period prescribed by Government Code Section 65585(b)(1).
BE IT FURTHER RESOLVED that minor changes to the Amended Housing Element that do not substantially change the goals, policies, programs, or objectives, that are reasonably based on credible information that is readily accessible to the public, to make the draft internally consistent or to address any non-substantive changes or amendments suggested or requested by HCD, and that are published in accordance with Government Code Section 65585(b)(1) shall not be considered to be substantial changes requiring further review by the City Council. However, should HCD require substantial modifications to the adopted Housing Element not previously considered by the City Council, City staff shall bring such modifications back to the City Council for its recommendation pursuant to Government Code Section 65356.
IT IS HEREBY CERTIFIED that the foregoing Resolution CCR-24-XX was duly adopted on a motion by Councilmember and seconded by
Councilmember at a regular meeting of the City of Mt. Shasta City Council held on the 12th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
MT. SHASTA
City Council Regular Meeting August 12, 2024 27
_______________________ _________
John Stackfleth, Mayor
ATTEST:
_______________________________
Kathryn M. Joyce, Deputy City Clerk
City Council Regular Meeting August 12, 2024 28
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 1 June 2024
Chapter 2 – Goals, Policies, and
Implementation Programs
This chapter of the Housing Element contains the City’s goals and policies, and the proposed strategy to implement the City’s housing goals and policies. The objective of the housing programs are to address the housing needs, the constraints to housing production, and the contributing factors to fair housing that are identified in Appendix A.
Available funding resources for housing are discussed in Appendix C and are integrated into City’s programs when applicable. Each proposed program contains a description of the intended action, an explanation of the responsible agency, possible sources of funding (if applicable), the time frame during which the program would take effect, and anticipated results. Whenever possible, the anticipated results have been expressed in quantified terms.
According to the Governor’s Office of Planning and Research (Appendix E, State General Plan Guidelines, accessed February 1, 2023), a goal is an ideal future end related to the public health, safety, or general welfare. A goal is a general expression of community values and, therefore, may be abstract in nature. Consequently, a goal is generally not quantifiable or time dependent. A policy is a specific statement that guides decision-making. It indicates a commitment of the local legislative body to a particular course of action. A policy is based on and helps implement a general plan’s vision. A policy is carried out by implementation measures. An implementation measure is an action, procedure, program, plan, or technique used to carry out a Housing Element goal and policy.
Required Program Components To make adequate provision for the housing needs of people all income levels, to comply with State housing element a jurisdiction must, at a minimum, identify programs that do all of the following:
• Identify adequate sites, with appropriate zoning and development standards and services to accommodate the locality’s share of the regional housing needs for each income level. • Assist in the development of adequate housing to meet the needs of extremely low-, very low-, low-, and moderate-income households.
• Address and, where possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for people at all income levels, as well as housing for people with disabilities.
• Conserve and improve the condition of the existing affordable-housing stock. • Preserve assisted housing developments at-risk of conversion to market-rate. • Promote equal housing opportunities for all people, regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability. • Explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation to foster more inclusive communities, address disparities in housing needs and access to opportunity, and foster inclusive communities.
For each program, the jurisdiction must identify a schedule of actions during the planning period, the agencies and officials responsible for implementation, and identification of funding sources to implement the program.
Appropriate grant programs that will be applied can be identified as a funding source.
ATTACHMENT B
City Council Regular Meeting August 12, 2024 29
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 2 June 2024
To affirmatively further fair housing, jurisdictions must establish goals, policies, and actions based on the identified contributing factors, and the priority of those factors. Government Code section 8899.50 requires “meaningful actions” well beyond combating discrimination to overcome patterns of segregation and foster inclusive communities. These actions, as a whole, must:
• Address significant disparities in housing needs and in access to opportunity; • Replace segregated living patterns with truly integrated and balanced living patterns; • Transform racially and ethnically concentrated areas of poverty into areas of opportunity; and • Foster and maintain compliance with civil rights and fair housing laws, to address Mt. Shasta’s fair housing issues and the contributing factors.
The identified contributing factors are prioritized in Appendix A. Table 2-3, Goal HO-7, contains Mt. Shasta’s AFFH action plan to address the identified contributing factors to overcome identified patterns of segregation and affirmatively further fair housing.
The Goals of the Housing Element and the number of Policies and Programs within each Goal are as follows:
GOAL HO-1 - Provide Adequate Sites
GOAL HO-2 - Ensure the Availability of a Variety of Housing Types GOAL HO-3 - Conserve, Rehabilitate, and Enhance the Condition of the Existing Housing Stock and Residential Neighborhoods.
GOAL HO-4 - Facilitate the Provision of Housing Suited to Persons with Special Needs GOAL HO-5 - Encourage and Support the Development of Affordable Housing GOAL HO-6 - Encourage Sustainable Housing Development and Energy Conservation GOAL HO-7 - Promote Equal and Fair Housing Opportunities for All People Use of the California icon below denotes Mt. Shasta’s programs that fulfill a specific State housing law requirement. Table 2-1 below, lists the 18 programs that are intended to meet a State housing law mandate and is for quick reference. While there are programs that do not have the California icon, these programs are intended to meet one or more of the required program components discussed above. Also, some programs are included in response to public input received during meetings.
Table 2-1
Programs to Meet a Specific State Law Requirement
HO-1.3.1 HO-2.3.5 HO-4.2.1
HO-1.3.2 HO-2.3.6 HO-4.2.2
HO-1.3.3 HO-2.3.7 HO-4.2.3
HO-2.2.1 HO-2.4.1 HO-4.2.4
HO-2.3.1 HO-3.2.1 HO-4.2.5
HO-2.3.2 HO-3.3.1 HO-7.1.1
City Council Regular Meeting August 12, 2024 30
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 3 June 2024
Use of the fair housing icon below denotes Mt. Shasta’s programs that are meaningful actions to affirmatively further fair housing in the City.
Priority Programs that Require Amendments to the Mt. Shasta Municipal Code City staff have identified the following Programs that require amendments to the Mt. Shasta Municipal Code and are high priority. These programs are identified as high priority because they implement State housing law, have been included as programs in at least one previous housing element, and/or the necessary Zoning Code amendments have not been completed to date. As such, the City has committed General Fund monies to initiate and complete the amendments, with the amendments to be completed, i.e., adopted, within one year of adoption of the 2023-2031 Housing Element.
Table 2-2
Priority Programs
HO-1.3.3 Subprograms 3), 4), 5a) and
5b) of HO-4.2.1
HO-2.3.1 HO-4.2.2
HO-2.3.6 HO-4.2.3
Subprograms 1), 2), and 5) of
HO-4.2.4
GOAL HO-1 - PROVIDE ADEQUATE SITES The City of Mt. Shasta shall provide adequate sites to accommodate the City’s housing needs and regional housing needs by always ensuring there is an adequate supply of land for residential development.
Policy HO-1.1
The City shall encourage and facilitate the construction of housing to meet the City’s share of regional housing needs during the 2023-2031 Housing Element planning period of at least one (1) extremely low income unit and one (1) low income unit. In addition to Mt. Shasta’s share of the regional housing needs, the City shall encourage and facilitate the rehabilitation and construction of the following number of housing units according to the following income levels:
Table 2-3
City of Mt. Shasta’s Quantified Objectives, 2023-2031
Extremely
Low Income
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Total
New Construction 7 7 10 9 25 58
Rehabilitation 3 3 3 0 0 9
Preservation 0 0 60 0 0 60
Totals 10 10 73 9 25 127
City Council Regular Meeting August 12, 2024 31
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 4 June 2024
Policy HO-1.2
Ensure Mt. Shasta provides adequate sites with appropriate zoning and available public facilities and services to meet the City's share of regional housing needs for all income groups during the housing element planning period.
These lands shall be available at any time with appropriate General Plan and Zoning regulations for residential development to reduce the impact that the lack of available land may have on the cost of single-family and multifamily development.
Policy HO-1.3
The City shall not place any condition of approval that lowers the proposed density of a residential project if the project otherwise conforms to the General Plan, zoning, and/or development policies in effect, unless the requisite findings required by Government Code Section 65589.5 et seq. are made.
Program HO-1.3.1 Provide Adequate Sites and No Net Loss Compliance To ensure at all times during the planning period the City has an adequate inventory to accommodate its designated regional housing needs allocation, the City will evaluate and make written findings for entitlement and building permit applications seeking to develop designated inventory sites for decreases in density and affordability of housing units consistent with No Net Loss Law, Government Code Section 65863 et seq. If project approval will result in an inventory deficit, steps will be taken to replace the lost inventory sites by rezoning qualified properties in other areas as needed to meet the City’s remaining RHNA for lower-income households in accordance with Government Code Section 65863 et seq.
Administration: Planning Department, City Manager
Funding: Application fee,General Fund
Timing: On a project-by-project basis; the City shall conform with the provisions of Government Code Section 65863 et seq. if an inventory deficit is found
Program HO-1.3.2 Monitor the Availability of Sites
(1) The City shall monitor the supply of lands suitable for residential development that are discussed in Appendix B, section 3.0, and listed in Table B-6. Monitoring shall include property owner requests to develop properties at a density lower than the realistic capacity identified in Table B-6. (2) Every year, as part of the annual Housing Element review, the City shall (1) identify impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities posed by municipal code provisions, and (2) update the vacant land inventory, including the monitoring of HO-1.3.2(1), with the objective of ensuring the City can accommodate a variety of housing types. If a deficiency is projected to occur, the City shall take steps to change the General Plan and zoning as needed to increase the amount of available land. The City shall make the inventory available to the public, especially the development community, for their information and use.
Administration: Planning Department, City Manager
Funding: General Fund
Timing: Annually.
City Council Regular Meeting August 12, 2024 32
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 5 June 2024
Program HO-1.3.3 Local Procedures for Water and Sewer Connections (1) In compliance with State law, i.e., subparagraph (a) of Government Code Section 65589.7, the City shall deliver the adopt housing element to all public agencies that provide water and sewer service in the City of Mt. Shasta. (2) The City shall grant priority for the provision of water and sewer services to proposed developments that include housing units affordable to lower income households, in compliance with State law, i.e., subparagraph (a) of Government Code Section 65589.7.
(3) In compliance with State law, i.e., subparagraph (b) of Government Code Section 65589.7, the City shall establish written policies and procedures that grant priority for water and sewer to proposed development that includes housing affordable to lower-income households.
Administration: Planning Department, Department of Public Works, City Manager, Planning Commission and City Council
Funding: General Fund
Timing: (1) Within thirty (3o) days of adoption of the 2023-2031 Housing Element; (2) Immediately and at all times for the duration of the 2023-2031 Housing Element; (3) within one year from adoption of the Housing Element.
Policy HO-1.4
With all due consideration to financial constraints, and consistent with other General Plan policies, the City shall encourage, participate, and cooperate in extension of City services to currently unserved and underserved areas, including direct financial participation when deemed appropriate by the City Council.
Program HO-1.4.1 Monitor Availability of Public Infrastructure for Areas Outside Existing Service Areas
Subject to availability of funding, the City shall work with developers of housing located outside existing sewer and/or water service areas, or in areas where existing systems are at or near capacity, to develop or improve essential utility systems to facilitate housing development. City assistance may involve direct participation in improvements or cooperation in the formation of assessment districts or other means of financing necessary improvements.
Administration: City Manager
Funding: To be determined.
Timing: As opportunities are recognized.
GOAL HO-2 - ENSURE THE AVAILABILITY OF A VARIETY OF HOUSING TYPES Mt. Shasta shall remove governmental constraints on the development, maintenance, and improvement of housing to ensure a variety of housing types for all income levels can be developed throughout the City of Mt.
Shasta during the 2023-2031 Housing Element planning period.
Policy HO-2.1
The City shall continue to allow and encourage residential uses within the Central Business District (CBD) on second floors and above in commercial structures as a means to provide additional affordable and convenient housing.
City Council Regular Meeting August 12, 2024 33
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 6 June 2024
Policy HO-2.2
The City will ensure that developers and City residents are made aware of key housing programs and development opportunities.
Program HO-2.2.1 Promote the City Housing Programs to Residents The City will improve community awareness, support and assistance to non-profit service providers and developers, prioritizing some funding for housing developments affordable to special-needs households and offering financial incentives or regulatory concessions to encourage a variety of housing types. The City shall share information on the City’s Housing Resources webpage about revisions to housing programs, zoning ordinances, development standards, fees, exactions, surplus public lands, fair housing resources, and housing affordability requirements. The City will proactively outreach to affordable housing developers in the region to identify development opportunities in the City. The City shall also encourage development of Accessory Dwelling Units (ADUs) and Junior ADUs by developing materialsthen publishing information about ADUs and JADUs (the City will utilize resources and materials developed by other California jurisdictions to reduce development costs). This program will be implemented consistent with the requirements of AB 1483 (2019). The City will perform proactive public outreach using a variety of methods that may include in-person or virtual participation and may occur outside City offices and regular business hours, e.g., community events, farmer’s markets; real estate industry workshops, and direct contact with non-profit service providers, developers, and property owners to improve the dissemination of information about the City’s housing programs including affordable housing programs.
Administration: Planning Department, City Manager
Funding: General Fund
Timing: Within one year from adoption of the Housing Element. To improve awareness of the City’s affordable housing programs, the City will participate in an industry event, workshop, or similar public event/activity at least once a year beginning in 2025.
Policy HO-2.3
The City shall ensure that the City’s land use regulations are consistent with State law, and that planning and building entitlement and permit processes and procedures do not unnecessarily constrain the production of housing. The City shall continue its practice of prioritizing multifamily development entitlement applications. The City shall strive also to ensure that City fees are not a constraint to the development of affordable housing.
Program HO-2.3.1 Establish Local SB 35 Procedures and Promote The City shall implement Government Code Section 65913.4 et seq., the Streamlined Ministerial Approval Process, also referred to as SB 35. To implement SB 35, the City shall prepare written procedures and forms meeting the requirements of state law. The City shall publish its SB 35 procedures on its website, and shall make its SB 35 forms and materials available for download on the website. Printed copies of the City’s procedures, forms and other related materials shall be made available at the Planning Department’s public information counter also.
Administration: Planning Department, City Manager
Funding: General Fund
Timing: Within one year from adoption of the 2023-2031 cycle housing element.
City Council Regular Meeting August 12, 2024 34
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 7 June 2024
Program HO-2.3.2 Establish Local Density Bonus Procedures and Promote (1) The City shall amend the Mt. Shasta Municipal Code, Title 18 Sections 18.08.300 and 18.20.120, to adopt implementing procedures that are consistent with State Density Bonus Law, Government Code Section 65915 et seq. The amendments will establish local density bonus procedures. The City will also develop a density bonus application that will identify the information required to be submitted for a density bonus application (Government Code Sections 65915, subparagraph (3)).
(2) The City will prepare and publish materials on the City’s website informing property owners and housing developers of the City’s density bonus program for qualified housing developments consistent with Government Code 65940.1.
(3) During the Housing Element planning period, the City shall monitor State law for amendments to Government Codes Sections 65915 et seq., to ensure ongoing compliance with State law. If State law is amended such that revisions to the City of Mt. Shasta’s Zoning Code are necessary for legal compliance, the City will initiate amendments to Title 18 of the Mt. Shasta Municipal Code.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: (1) Within one year from adoption of the 6th cycle housing element. (2) within 30 days of adoption of amendments to the Title 18, of the Mt. Shasta Municipal Code; and (3) As part of the City’s annual housing element progress report, the City shall report to the Planning Commission any amendments to Government Codes Section 65915.
Program HO-2.3.3 Monitor Existing Fees and Possible Fee Reductions for Housing that is Affordable and/or Targets Special Populations
The City shall review building and development connection fees and permit fees, and modify, as feasible, those standards and fees deemed to be unnecessary, excessive, or that create unusual constraints on affordability and housing availability. At the time of adoption of any new mitigation fees, the City shall consider the housing needs of low- and moderate- income households. Provisions shall be included for potential fee reductions or other cost reductions for projects where 25 percent or more of the housing would be dedicated to low- and moderateincome persons when a covenant is signed assuring continued use by low- and moderate-income households.
Administration: Building Department, Planning Department, City Manager, City Council Funding: General Fund
Timing:
A) Beginning in 2025, biennially thereafter.
B) Prior to adoption of new ordinances and resolutions for residential development standards and fees.
Program HO-2.3.4 Zoning Updates for Multifamily Development (1) The City shall amend the Mt. Shasta Municipal Code, Title 18, to permit owner-occupied, rental, and mixed tenure multifamily uses by-right without a conditional use permit or other discretionary permit for qualifying housing developments as required by State law in the R-3, C-1, and C-2 zones. Code-compliant qualifying housing developments shall be subject only to written objective development and performance standards, and shall be provided approval certainty developments. The amendments to the Mt. Shasta Municipal Code shall expressly exempt qualifying housing projects from both the Architectural Review requirements of Section
18.60 et seq. of the Mt. Shasta Municipal Code.
City Council Regular Meeting August 12, 2024 35
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 8 June 2024
(2) The City shall amend Chapter 18.70 of the Mt. Shasta Municipal Code to expressly exclude all residential development, including multifamily residential facilities, from the provisions of Chapter 18.70. The amendments to Chapter 18.70 shall apply also to qualifying mix use developments utilizing the provisions of SB 35 or State Density Bonus Law.
Administration: Planning Department, , Planning Commission, and City Council Funding: General Fund
Timing: Within two years one year from adoption of the Housing Element Program HO-2.3.5 J/ADU Zoning Ordinance Update
The City shall amend the Mt. Shasta Municipal Code, Title 18 Section 18.22 regulations for Accessory Dwelling Units (ADUs), and other sections as applicable, to be consistent with State law. ADUs and Junior ADUs (JADUs) shall be permitted in any residential or mixed-use zone consistent with State law. Residential or mixed-use zones shall be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use.
Subsections 18.08.040, 18.22.020 and 18.22.040 of the MSMC shall be amended, and any other sections as necessary to address inconsistencies with State law and written findings issued by HCD in accordance with Government Code Section 65852.2(h)(1).
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Within one year from adoption of the Housing Element. Should HCD issue written findings pursuant to Government Code Section 65852.2(h)(1), then within one year from the date of the letter.
Program HO-2.3.6 Zoning Updates for Manufactured Homes
The City shall amend Title 18 of the Mt. Shasta Municipal Code to allow manufactured homes on permanent foundations on all lots zoned for conventional single-family residential dwellings. The manufactured home and the lot on which it is placed shall only be subject to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject. Any architectural requirements imposed on the manufactured home structure itself, exclusive of any requirement for any and all additional enclosures, shall be limited to its roof overhang, roofing material, and siding material. However, any architectural requirements for roofing and siding material shall not exceed those which would be required of conventional single-family dwellings constructed on the same lot. The amendments of Title 18 of the Mt. Shasta Municipal Code shall not have the effect of precluding manufactured homes from being installed as permanent residences, and shall be consistent with Government Code Section 65852.3 et seq.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Within one year from adoption of the 2023-2031 cycle housing element.
Program HO-2.3.7 Establish Local Objective Development and Design Standards for Multifamily Development
The City shall amend the Zoning Ordinance to establish objective development and design standards and provide a ministerial nondiscretionary design review process for qualifying multifamily development as required by State law. Standards that are objective standards shall be within the meaning of Government Code Section 65589.5, subparagraph (f). The purpose of the amendments to the Design Guidelines is to:
City Council Regular Meeting August 12, 2024 36
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 9 June 2024
• Comply with recent State housing legislation, i.e., SB 35, the Housing Accountability Act, etc.; • Achieve the intent of the City’s planning documents and enhance community character; • Provide objective criteria for the design review of multifamily residential; and • Provide approval certainty for code-compliant qualifying housing development as required by State law.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Within one year from adoption of the 2023-2031 cycle housing element.
Program HO-2.3.8 Zoning Code Updates for Off-Street Parking (1) The City shall prepare amendments to Chapter 15.44 “Off-Street Parking Requirements” of the MSMC to create a non-discretionary voluntary option for housing developments that are located within one quarter mile walking distance of a STAGE public transit stop the option to reduce the number of on-site parking spaces.
Eligible housing developments would include those that include studio apartment units (i.e., units without a bedroom); developments having three or more housing units (attached or detached), developments targeting special populations (e.g., seniors).
(2) The City shall prepare amendments to Chapter 15.44 “Off-Street Parking Requirements” of the MSMC for below market rate, and moderate income, housing units to not be subject to the requirement that residential structures of four or more dwelling units shall reserve one additional space per five units for recreational vehicles. The City’s amendments shall provide an administrative non-discretionary exception process for qualifying projects.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Within two years from adoption of the 2023-2031 cycle housing element.
Policy HO-2.4
The City will facilitate the development of workforce and affordable housing, and housing for special populations, through supporting funding applications, expedited permit review, approval of requests density bonus or development incentives, the availability of ministerial streamlining for qualifying projects, and other incentives.
The City will work with market rate and non-profit housing developers, and community organizations to develop workforce and affordable housing.
Program HO-2.4.1 Streamlining for Housing that is Affordable and/or Targets Special Populations
The City shall offer expedited process for projects with an affordable component and/or that provide housing for special needs households (e.g., seniors, persons experiencing homelessness, farmworkers, persons with disabilities, single-parent households, large families). Expedited processing means qualifying projects move to the front of the line in zoning, planning, and building permit processing. Offering expedited processing to qualifying projects is intended to reduce the permitting and entitlement process to reduce risk and financing costs, while allowing developers to bring housing that is affordable and for special needs households to the market faster.
Administration: Planning Department and City Manager
Funding: General Fund
Timing: Within two years from adoption of the 2023-2031 cycle housing element.
City Council Regular Meeting August 12, 2024 37
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 10 June 2024
Program HO-2.4.2 Establish Written Procedures and Findings for Residential Site Plan Review and Building Permits
The City shall establish written procedures and findings for the review and approval of residential site plans and building permits. The City shall amend Title 18 of the Mt. Shasta Municipal Code as needed, and publish the procedures on its website. The procedures shall include ADUs and JADUs, SB 9 (2021) housing, and multifamily development. The procedures and findings shall:
(A) Be consistent with State law,
(B) Continue to delegate authority to the City Planner to approve, conditionally approve, and deny Zoning Clearances/Plan Checks for code-compliant residential development projects that are not subject to Design Review or are subject to objective design review. (C) Provide approval certainty for code-compliant developments; and (D) Enable the City to be compliant with the timelines of the Permit Streamlining Act and Housing Crisis Act.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Within two years from adoption of the Housing Element GOAL HO-3 - CONSERVE, REHABILITATE, AND ENHANCE THE CONDITION OF THE EXISTING HOUSING STOCK AND RESIDENTIAL NEIGHBORHOODS. The City shall initiate all reasonable efforts to preserve, conserve, and enhance the quality of existing dwelling units and residential neighborhoods to ensure full utilization of the City’s existing housing resources for as long as physically and economically feasible.
Policy HO-3.1
The City shall support housing rehabilitation and encourage housing maintenance in order to avoid future need for significant rehabilitation or replacement.
Program HO-3.1.1 Promote and Encourage Housing Conservation (1) The City shall a conduct housing conditions survey. The survey will also identify housing units and/or neighborhoods where there may be concentrations of substandard housing to assist with prioritization of funding for rehabilitation of housing units. The City shall prioritize neighborhoods identified by the City’s Building Official as having condition issues. Housing unit condition is to be assessed by an exterior survey of the quality and condition of the building and what improvements (if any) may be needed consistent with the requirements of Government Code Section 65583(a)(2). The City shall implement an assessment methodology that meets the requirements of the California Department of Housing and Community Development and/or HUD.
(2) The City shall apply for appropriate funding that can be used for rehabilitation of owner-occupied units or units assured to be available to income qualified households. The City may partner with a qualified non-profit to apply for funding and administer the program. If the City has available program income and rehabilitation is an eligible use of program income per the grantor, the City will consider amendments to the program City Council Regular Meeting August 12, 2024 38
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 11 June 2024
income reuse plan to include an rehabilitation activity, and establish a suballocation of the program income for the rehabilitation activity.
(3) The City shall provide free guidance and technical assistance through the Building Department to homeowners who wish to repair and improve the habitability and weatherization of existing housing. The availability of this service will be advertised as part of the City’s proactive public outreach for housing to improve community awareness.
(4) The City shall support third-party and non-profit organizations, such as Great Northern Corporation, that offer zero- and low-cost rehabilitation or weatherization programs, including but not limited to, facilitating notification of owners of homes in need of rehabilitation or weatherization about programs that could help meet rehabilitation needs.
(5) The City will support and promote the activities of other governmental agencies and non-profits that promote homeowner maintenance and improvement of self-help skills. The City will advertise the availability of these programs and services using the City’s website, mailers with utility bills, and display of printed materials in City offices and the City library.
(6) The City shall continue to perform proactive code enforcement to improve housing units that are substandard and have habitability issues in order to conserve the inventory of housing. (7) The City shall continue to perform active enforcement against illegal short term rentals because they reduce available housing stock.
Administration: City Manager, Planning and Building Departments, and City Council Funding: General Fund
Timing:
(1) The housing conditions survey shall be completed no later than December 31, 2028. (2) No less than annually the City will review state funding calendars to identify programs that allow rehabilitation as an eligible activity. As state and federal funding becomes available, the City will apply for funding.
(3) No less than annually
(4) The City shall contact third-party and non-profit organizations no less than annually about availability of zero- and low-cost rehabilitation or weatherization programs. (5) The City shall contact agencies and non-profit organizations no less than annually about planned activities, and coordinate participation.
(6) & (7) Transactionally during the planning period, and as substandard housing conditions are verified by the Building Department.
Policy HO-3.2
Implement Replacement Housing to Mitigate the Loss of Affordable Housing Units on Housing Element Inventory Sites. Upon the City Council’s adoption of 6th Cycle Housing Element Update, the City shall immediately begin implementing replacement housing, when applicable, in accordance with Government Code Section 65583.2(g)(3). The replacement housing policy shall require new housing developments on the City’s designated Housing Element Inventory Sites to replace all affordable housing units lost due to new development. The City shall also prepare and adopt a local replacement housing policy.
City Council Regular Meeting August 12, 2024 39
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 12 June 2024
Program HO-3.2.1 Establish a Local Replacement Housing Policy The City shall prepare and adopt a replacement housing policy consistent with Government Code Section 65583.2(g)(3). The City will adopt a policy and will require replacement housing units subject to the requirements of Government Code section 65915, subdivision (c)(3) on sites identified in the City’s site inventory when any new development (residential, mixed-use or nonresidential) occurs on a site that is identified in the inventory meeting the following conditions:
• currently has residential uses or within the past five years has had residential uses that have been vacated or demolished, and
• was subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income, or
• subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or
• occupied by low or very low-income households.
The City’s policy will also consider how to provide disclosure for properties subject to replacement housing for future property owners.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timeframes: The Replacement Housing requirement shall be implemented immediately and applied as applications on designated Housing Element Inventory Sites are received and processed, and local policy shall be adopted by December 31, 2024.
Policy HO-3.3
The City shall prioritize the preservation of existing affordable housing at risk of loss of affordability covenants as a critical means of mitigating the displacement and loss of affordable housing units from the City’s housing stock.
Program HO-3.3.1 Establishing a Monitoring Program for At-Risk Affordable Housing The City will establish an at-risk affordable housing program to mitigate the potential conversion of assisted affordable units, such as the Pres. George Washington Manor I and Manor II apartments, to market-rate units.
The program will monitor at-risk housing developments, assist tenants of affected housing developments, and provide assistance, as feasible, with finance, and technical and regulatory assistance. (1) Monitor owners of at-risk housing developments on an ongoing basis, at least every twelve months, in coordination with other public and private entities to determine their interest in selling, prepaying, terminating, or continuing participation in a subsidy program. For the Pres. George Washington Manor I and Manor II apartments, the City shall engage the property owner and property manager no later than July 30, 2027.
(A) Contact owners and property managers of assisted housing projects about rehabilitation needs and preservation of at-risk projects. Assist with funding applications to support rehabilitation and preservation.
(2) The City shall annually meet with stakeholders and housing interests to participate and support federal, state, and local initiatives that address affordable housing preservation (e.g., support state or national legislation that addresses at-risk projects, support full funding of programs that provide resources for preservation activities).
City Council Regular Meeting August 12, 2024 40
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 13 June 2024
(3) Take all necessary steps, that are feasible and within control of the City, to ensure that a housing development remains in or is transferred to an organization capable of maintaining affordability restrictions for the life of the project, including proactively ensuring notices to qualified entities, coordinating an action plan with qualified entities upon notice, and assisting with financial resources or supporting funding applications. (4) Annually identify funding sources for at-risk preservation and acquisition rehabilitation and pursue these funding sources at the federal, state, or local levels to preserve at-risk units on a project-by-project basis. (5) Work with owners, tenants, and non-profit organizations to assist in the non-profit acquisition of at-risk projects to ensure long-term affordability of the development. Annually contact property owners, gauge interest, and identify non-profit partners and pursue funding-and-preservation strategies on a project basis. (6) The City will coordinate with owners of expiring subsidies to ensure tenants receive the required notices at 3 years, 6 months, and 12 months, per California law.
(7) The owner will be required to provide written notification to residents of the expected date of loan prepayment or payoff, at which time the owner will no longer be restricted in the level of rent that can be charged. The notice will also contain an estimate of rent increases at the time rental restrictions no longer apply. Residents moving into a housing development during this one-year period must also be notified in writing of the pending conversion prior to signing a rental agreement. (8) The City will inform property owners regarding any federal and state legal requirements for providing relocation assistance to those low-income households who are unable to afford rent increases. (9) If an affordable housing project indicates it is opting out of its affordability restrictions, the City will ensure that affected residents receive notification of the owner’s intent and will provide nonfinancial assistance with relocation.
(10)The City will solicit interested non-profit housing corporations and local housing authorities to acquire and maintain such projects as low-income housing. The City will assist an interested non-profit housing corporation or housing authority in applying for state or federal assistance for acquisition.
Administration: Planning Department, City Manager, and City Council Funding: California Housing Finance Agency Preservation, Acquisition Financing Mortgage Insurance for Purchase/Refinance (HUD)
Time Frame: Contact property owners within 120 days of adoption of the 2023-2031 Housing Element to determine future ownership plans and rehabilitation needs; implement preservation strategy if owners indicate desire to sell or convert their properties.
Program HO-3.3.2 Local List of Qualified Housing Entities The City shall maintain a list of non-profit organizations interested in the retention and construction of affordable housing and entities qualified and interested in participating in the offer of Opportunity to Purchase and Right of First Refusal, and meet with and assist organizations desiring to maintain affordable housing in the city. The City shall also respond to the property owner on any Federal or State notices including Notice of Intent or Opt-Out Notices on local projects.
Administration: Planning Department and City Manager
Funding: General Fund
Timing: As needed upon receipt of notices.
Program HO-3.3.3 Initiate Montioring of At-Risk Housing The City shall continue to monitor “at-risk” subsidized housing when subsidies are within 10 years of expiring (California Government Code Section 65583). The City shall publicize existing State and Federal notice City Council Regular Meeting August 12, 2024 41
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 14 June 2024
requirements to non-profit developers and property owners of at-risk housing. The City shall also assist in the search for gap funding for “at risk” projects that may decide to pay off existing assisted loans during the course of the planning period, including but not limited to CDBG and California Housing Finance Agency funds.
Administration: Planning Department and City Manager
Funding: General Fund
Timing: As needed upon receipt of notices.
Policy HO-3.4
Conserve existing housing wherever possible, ensure existing occupants are provided notice and minimize displacement of occupants.
Program HO-3.4.1 Local Mobile Home Park Converserion Ordinance The City shall adopt a mobile home park conversion ordinance to establish a procedure is to ensure that any conversion of mobile home parks to other uses is preceded by adequate notice, and that relocation and other assistance is provided park residents, consistent with the provisions of the California Government Code, Section 65863.7.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Initiate no later than 2025 and complete by 2027.
Program HO-3.4.2 Local Condominium Conversion Ordinance The City shall adopt a condominium conversion ordinance that would limit the ability to convert from rental units to condominium units, taking into account the impact of the conversion on the availability of rental units. City staff shall conduct an analysis of the potential impacts of condominium conversions on the availability of rental housing, study options for a condominium conversion ordinance, and present the analysis and options to the City Council to consider adoption of an ordinance.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Initiate no later than 2025 and complete by 2027.
City Council Regular Meeting August 12, 2024 42
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 15 June 2024
GOAL HO-4 - FACILITATE THE PROVISION OF HOUSING SUITED TO PERSONS WITH
SPECIAL NEEDS
The City shall facilitate development of sites for special needs housing, including the housing needs of persons with disabilities and persons experiencing homelessness.
Policy HO-4.1
The City shall give high priority to the building permit processing and inspections for individuals with disabilities, including developmental disabilities.
Policy HO-4.2
The City shall amend Title 18, Mt. Shasta Municipal Code, to ensure the Zoning Regulations comply with state law and are implemented consistent with state law, specifically Government Code Sections 65582, subparagraphs (g), (i), and (j); 65583(a)(4) et seq.; 65650-65656, and 65660-65668, for transitional and supportive housing definitions, supportive housing developments, and low barrier navigation centers. The amendments shall permit supportive housing developments and low barrier navigation centers in zones that permit multifamily and mixed uses including nonresidential zones permitting multifamily uses as by-right development not subject to a conditional use permit or other discretionary approval when the statutory requirements are met. The amendments shall revise the definitions for supportive housing and transitional housing to comply with state law.
The adopted development and performance standards of the Zoning Code amendments shall be objective and shall not have the effect of precluding transitional and supportive housing, supportive housing developments, and low barrier navigation centers.
Program HO-4.2.1 Establish Local Regulations for Supportive and Transitioinal Housing, and Low Barrier Navigation Centers
(1) Consistent with Government Code Section 65650 et seq., the City shall amend the R-2, R-3, C-1 and C-2 zones to allow by-right supportive housing developments as a by-right use and not subject to a conditional use permit or other discretionary approval if the requirements of Government Code Sections 65651 and 65652 are met.
(2) Consistent with Government Code 65583(c)(3), the City shall amend the R-2, R-3, C-1 and C-2 zones to allow by-right low barrier navigation centers as a by-right use and not subject to a conditional use permit or other discretionary approval if the requirements of Government Code Section 65662. (3) Consistent with Government Code Section 65583(c)(3) et seq., the City shall amend the R-L and R1/B1 zones to allow transitional and supportive as a by-right use and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (4) 4) The City shall amend the definition of transitional housing contained in Mt. Shasta Municipal Code Section
18.08.792 to be consistent with Government Code Section 65582(j). (5a) The City shall amend the definition of supportive housing in Mt. Shasta Municipal Code Section 18.08.787 to be consistent with Government Code Section 65582(g) and remove reference to “community care facility”. (5b) The definition of target population that is embedded in the definition of supportive housing shall be amended to reference the definition of target population contained Government Code Section 65582(i).
City Council Regular Meeting August 12, 2024 43
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 16 June 2024
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Initiate amendments within one year from adoption of the 2023-2031 Housing Element and adopt amendments within two years from adoption of 2023-2031 Housing Element.
Program HO-4.2.2 Establish Local Regulations for Emergency Shelters The City shall amend Titles 15 and 18 of the Mt. Shasta Municipal Code, Sections 15.44, 18.16, 18.98 and other sections as applicable, for emergency shelters to comply with State law. The amendments shall permit emergency shelters in the R-3, C-1 and C-2 zones without a conditional use permit or other discretionary permit, subject only to development and management standards that apply to residential or commercial development in the same zone, and shall not have the effect of precluding emergency shelters. Management standards shall be objective and encourage and facilitate the development of, or conversion to, emergency shelters, and are consistent with Government Code Section 65583(a)(4) et seq. Off-street parking standards shall be consistent with Government Code Section 65583(a)(4)(A). Specifically, the City shall:
(1) Amend the definition of emergency shelter, Mt. Shasta Municipal Code Section 18.08.352, to comply with Government Code Section 65583(a)(4)C).
(2) Amend Sections 18.16 and 18.98 to expressly allow emergency shelters as a by-right use not subject to a conditional use permit or other discretionary approval in R-3, C-1, and C-2 zones. (3) Emergency shelters shall be subject only to development and management standards that apply to residential or commercial development in the same zone, and only development and management standards that are objective shall apply.
(4) Either repeal the shelter location and concentration standard, i.e., MSMC Section 18.98.090, or reduce the location and concentration separation standard to no more than 300 feet to comply with Government Code Section 65583(a)(4)(B)(v).
(5) Repeal the following subsections for discretionary approval of emergency shelters:
(A) Section 18.98.040 that stipulates that the Planning Commission must approve the emergency shelter provider’s written management plan, and
(B) Section 18.98.100 that requires consistency with the Mt. Shasta Architectural Design Guidelines. (6) Emergency shelters shall only be subject to the following written objective standards to comply with Government Code Section 65583(a)(4)(B):
(A) The maximum number of beds or persons permitted to be served nightly by the facility. (B) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(C) The size and location of exterior and interior onsite waiting and client intake areas. (D) The provision of onsite management.
(E) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(F) The length of stay.
(G) Lighting.
(H) Security during hours that the emergency shelter is in operation. (7) The City shall review the off-street parking standards for emergency shelters, MSMC Section 15.44 et seq., and determine if the standard is objective, provides sufficient parking to accommodate the staff working in City Council Regular Meeting August 12, 2024 44
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 17 June 2024
emergency shelters, and does not require more parking for emergency shelters than other residential or commercial uses within the same zone, consistent with AB 139 (2019). If the City finds the adopt parking standards for emergency shelters do not meet the requirements of AB 139, then the City shall prepare amendments to the Title 15.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Adopt amendments within one year from adoption of the 2023-2031 Housing Element.
Program HO-4.2.3 Update Zoning Code Definition of Family The City shall either repeal or amend the definition of “family” in Section 18.08.360, Title 18 – Zoning, Mt. Shasta Municipal Code, and the amendments shall comply with State law.
Administration: Planning Department
Funding: General Fund
Timing: Adopt amendments within one year from adoption of the 2023-2031 Housing Element.
Program HO-4.2.4 Local Regulations for Group Homes
The City shall amend Title 18 of the Mt. Shasta Municipal Code for the following, and in preparing the amendments, the City shall consult the Department of Housing and Community Development (HCD) Group Home Technical Advisory published December 2022. The amendments to the Mt. Shasta Municipal Code shall allow:
(1) Group homes, even homes that have more than six residents, that do not require a State license shall be allowed in all zones where single family units are permitted, i.e., R-L, R1/B1, R-1, R-1-U*, R-2, R-3, C-1, and C2, and subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to residential development.
(2) Group homes that require a State license and serve six or fewer residents shall be allowed in all zones where single family units are permitted, i.e., R-L, R1/B1, R-1, R-1-U*, R-2, R-3, C-1, and C-2, subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to residential development. (3) Group homes that require a State license and serve more than six residents shall be allowed as a by-right use in the Medium Density Residential (R-2), High Density Residential (R-3), and General Commercial (C-2) zones.
Development, performance, and design standards shall be objective, nondiscriminatory health, safety, and zoning laws that apply to residential development in the same zoning districts. (4) Group homes that require a State license and serve more than six residents shall continue to be subject to conditional use permit in the Resource Lands (R-L). Group homes that provide licensable services to more than six residents shall be permitted subject to conditional use permit in the Low Density Residential, 10,000 Minimum (R1/B1) and Low Density Residential (R-1) and Low Density Residential Urban (R-1-U) zones. The conditional use permit findings shall be objective and provide for approval certainty. (5) Amendments to the definition of group home shall be consistent with State law, including the City’s obligation to affirmatively further fair housing, and HCD’s Group Home Technical Advisory published December 2022.
Administration: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Initiate amendments within one year from adoption of the 2023-2031 Housing Element and adopt amendments within two years from adoption of 2023-2031 Housing Element.
City Council Regular Meeting August 12, 2024 45
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 18 June 2024
Program HO-4.2.5 Local Reaonsable Accommodation Procedures The City shall amend the Reasonable Accommodation Policy, Chapter 18.99 Mt. Shasta Municipal Code to expressly extend the Reasonable Accommodation Policy:
(1) to the off-street parking requirements in Chapter 15.44 Mt. Shasta Municipal Code, and (2) that a provider or developer of housing for individuals with disabilities may request reasonable accommodation.
The Reasonable Accommodation Policy amendments shall be consistent with federal and state law.
Responsibility: Planning Department, Planning Commission, and City Council Funding: General Fund
Timing: Initiate amendments within one year from adoption of the 2023-2031 Housing Element and adopt amendments within two years from adoption of 2023-2031 Housing Element.
Policy HO-4.3
The City shall encourage and support organizations and programs, including housing providers, to address the housing needs of special needs groups (seniors, female headed households, persons with disabilities, persons with developmental disabilities, farmworkers, individuals experiencing homelessness, and persons with extremely low incomes). The City shall seek to assist in meeting these special housing needs through a combination of regulatory amendments and incentives, including those presented in Programs HO-2.3.1 through HO-2.3.9, HO-2.4.1, and HO-4.1.1 through HO-4.1.5), and identifying and applying for funding with qualified housing developers to develop needed housing in the City.
Program HO-4.3.1 Inter-Jurisdictional Coordination and Planning to Address Homelessness (1) The City will support the implementation of the Siskiyou County 10 Year Plan to End Homelessness, specifically goals for increasing the supply of permanent supportive housing and affordable housing, expanding the capacity for housing providers, and expanding options for low barrier emergency shelter and housing. The City will consult with the NorCal Continuum of Care Coordinator on strategies to provide services, shelter, and housing for those experiencing homelessness in the City. (2) The City shall assist appropriate public and/or non-profit entities as feasible to develop a shelter, navigation center, or other recognized type of emergency housing for persons experiencing homelessness in the city by pursuing grant opportunities and providing technical assistance in grant applications for State and Federal funding. (Was Program HO-5.4.2)
(3) The City shall support agencies and organizations providing services to those experiencing homelessness by annually updating referral information. (Was Program HO-5.4.1) (4) The City will continue to support the efforts of the housing authorities in administering the Housing Choice Voucher program.
(5) The City will meet with representatives from the Housing Authorities, the NorCal Continuum of Care, and other area non-profit and social service organizations to review upcoming Notices of Funding Availability (NOFA) for the purpose of identifying opportunities to match local funds with federal, state, county, and private funding sources for affordable housing and housing for special needs populations.
City Council Regular Meeting August 12, 2024 46
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 19 June 2024
(6) The City shall partner with area social services agencies and non-profit organizations to assess the housing needs for seniors, people with disabilities (including developmental disabilities), extremely low-income residents, and identify funding sources to develop needed services in the City.
Administration: Planning Department and City Manager
Funding: General Fund
Timing: Coordination will occur at least annually from 2024 to 2031; the City will apply for funding annually.
GOAL HO-5 - ENCOURAGE AND SUPPORT THE DEVELOPMENT OF AFFORDABLE
HOUSING
The City will encourage the construction of new or dedication of existing housing that is affordable to extremely low, very low, low, and moderate income households.
Policy HO-5.1
The City shall encourage and support the development of housing affordable to extremely low, very low, low, and moderate income households.
Program HO-5.1.1 Support the Development of Housing for Low Income and Extremely Low Income Housing
The City shall encourage and support plans that include extremely low, very low, and low income housing in R-2, R-3, C-1 and C-2 zones when located within a distance a person can reasonably walk to services (e.g., quarter mile) or an existing or new transit stop is within a quarter mile of the development. The term “encourage and support”, as used herein, may include, but is not limited to:
• Site identification;
• Local, state, and federal permit assistance.
• Give priority to processing of affordable housing projects, taking the applications out of submittal sequence if necessary to receive an early hearing date; • Allow phasing of infrastructure whenever possible at time of project review; • Facilitate the provision of public transportation services to serve residential areas, including services for people with handicaps and the installation of bus stops at safe and convenient locations; • Maintenance of relationships with funding and facilitating agencies and organizations; and • Any other action on the part of the City that will reduce development costs.
Administration: Planning Department, City Manager, and Planning Commission Funding: General Fund
Timing: As residential project applications are considered.
Program HO-5.1.2 Encourage New Developments to Include Affordable Housing The City shall encourage and support developers of large residential subdivisions (i.e., 8 or more units) to provide some affordable housing. At a minimum, this may entail encouraging developers to incorporate duplexes, City Council Regular Meeting August 12, 2024 47
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 20 June 2024
triplexes, townhouses, or other affordable housing products or recommend the overlay of the Planned Development (P-D) zone district to provide development flexibility for clustering, mixed use, and condominium development.
Administration: Planning Department, Planning Commission, and City Council Funding: Private development
Timing: As residential development proposals of 50 or more units are submitted.
Program HO-5.1.3 Encourage Low-Cost Childcare Facilities and Workforce Development The City shall support the development of low-cost childcare facilities and job training programs in the city to encourage female householders to enter the job market. The City shall meet with the childcare council on an annual basis to review possible childcare needs of the community.
Administration: City Manager and Planning Department
Funding: General Fund
Timing: Annually
Program HO-5.1.4 Sites for Affordable and/or Special Needs Development and Pursuing Funding (1) The City shall continuously identify properties for purchase that would be well-suited to the construction of affordable and/or special-needs housing. The purchase of properties would use revenue from sources such as TOT, in-lieu fees, development agreements, and/or grant funding. (2) To support the development of housing affordable to extremely low-income households, the City shall continue to seek and pursue state and federal funds annually, or as funding becomes available; and grant priority to projects that include units affordable to extremely low-income households and/or that target the housing of needs special populations.
Administration: City Council, City Manager, and Planning Department Funding: 1) General Fund and TOT, in-lieu fees, development agreements, and/or grant funding; 2) General Fund
Timing: 1) At all times during 2023-2031 planning period; 2) Apply for funding annually to assist extremely low-income households and special needs populations.
Program HO-5.1.5 Promote the City’s Housing Programs to Affordable Housing Developers The City will improve awareness and support for the City’s workforce and affordable housing programs by preparing, publishing, and distributing an affordable housing information brochure/newsletter that will be a local resource for persons interested in developing low-cost housing. The City will encourage the participation of agencies and organizations that operate rental and mortgage subsidy and self-help housing programs. This program will be implemented consistent with the requirements of AB 1483 (2019). To improve the dissemination of the City’s affordable housing programs, the City will provide information, printed and as web content. The City will perform proactive public outreach using a variety of methods that may include in-person or virtual participation, e.g., development industry events or workshops, and direct contact with developers and property owners to improve the dissemination of information about the City’s affordable housing programs. The City will refer persons interested in developing low-cost housing to appropriate government and non-profit organizations for assistance.
Administration: Planning and Building Department and City Manager Funding: General Fund
City Council Regular Meeting August 12, 2024 48
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 21 June 2024
Timing: Within two years from adoption of the Housing Element. To improve awareness of the City’s affordable housing programs, the City will participate in an industry event, workshop, or similar public event/activity at least once a year beginning in 2025.
Program HO-5.1.6 Support Lower-Cost Alternative Homeownership Models (1) The City will support the formation and/or use of community land trusts and other non-traditional forms ownership and tenancy that provide for workforce and affordable housing (by design and/or through subsidy), senior housing, intergenerational housing, housing for persons with disabilities, etc. (2) The City will consider preparing amendments to the MSMC to provide for the development of tiny house village(s), for non-transient occupancy as defined in MSMC Section 18.08.795.
Administration: Planning and Building Departments, City Manager, Planning Commission and City Council Funding: General Fund
Timing:
(1) At all times during the 6th cycle.
(2) No later than two years from adoption of the 202-2031 Housing Element.
GOAL HO-6 - ENCOURAGE SUSTAINABLE HOUSING DEVELOPMENT AND ENERGY
CONSERVATION
Mt. Shasta will encourage sustainable housing development and energy conservation shall pursue sustainable development for the new development and existing housing stock in the City.
Policy HO-6.1
The City shall promote the use of energy conservation measures in all housing through the use of public and private weatherization programs. The City will be receptive to encouraging new alternative energy systems, such as solar and wind, and water conservation measures.
Program HO-6.1.1 Consider Options for Use Alternative Building Materials The City will consider exploring options for building regulations that allow the use of alternative building materials and construction methods, within the City’s legal authority, that demonstrate energy conservation and sustainability while protecting the public health, safety, and welfare.
Administration: Planning and Building Departments, City Manager, Planning Commission, and City Council Funding: General Fund
Timing: Initiate no later than December 2025.
Program HO-6.1.2 Promote Energy Efficiency and Conservation via Weatherization Promote the use of energy conservation measures in all housing through the use of public and private weatherization programs. Provide information on currently available weatherization and energy conservation programs to residents. The City will have information available for the public at the front counter of City Hall and will distribute information through an annual mailing. The City will provide referrals and participate in informing households that would potentially benefit from these programs as appropriate. The City shall facilitate the weatherization of an average of 10 homes per year during the 6th cycle planning period by providing information City Council Regular Meeting August 12, 2024 49
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 22 June 2024
Administration: Building Department, City Manager, and City Council Funding: Private, and government funds. The City will apply for funds to assist residents with energy conservation retrofits and weatherization resources.
Timing: Initiate no later than December 2025.
Program HO-6.1.3 Title 24 for Energy Efficiency and Conservation The City shall continue to enforce State requirements, including Title 24 of the California Code of Regulations, for energy conservation in new residential projects and encourage residential developers to employ additional energy conservation measures for the siting of buildings, landscaping, and solar access through development standards contained in the Zoning Ordinance, Building Code, and Specific Plans, as appropriate.
Administration: Building Department
Funding: Private and government funds
Timing: Because this is a current building code requirement, the City will implement it as part of the building permit application and review process.
GOAL HO-7 - PROMOTE EQUAL AND FAIR HOUSING OPPORTUNITIES FOR ALL PEOPLE
The City shall promote opportunities for persons from all economic segments of the community regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
Policy HO-7.1
Eliminate housing discrimination based on race, color, religion, sex, national origin, ancestry, marital status, age, household composition or size, disability, or any other arbitrary factor by removing constraints within control of the City.
Program HO-7.1.1 Disseminate Fair Housing Information and Respond to Fair Housing Complaints
(1) The City shall support designated regulatory agencies in the prevention and correction of any reported discrimination in housing.
(2) City staff shall refer all complaints regarding housing discrimination of any kind to the State Department of Fair Employment and Housing. The City shall monitor such complaints by checking with the affected agency and the complainant, and consider the need for future action if a trend develops, or if the complaint is not resolved.
(3) The City shall provide information concerning discrimination compliant procedures to the public at social service centers, the senior center, City Hall, the library, housing projects participating in HUD Section 8 Programs, and other semi- public places. The information will provide locations and phone numbers of agencies to contact for assistance. This outreach effort will be made to include groups likely to experience discrimination in housing including minority, elderly, disabilities, and lower-income households. The City will support and participate in efforts by local government and non-profits to develop a renters’ resource program. (A) The information and content of this program shall be incorporated into the community awareness improvement program, Program HO-2.2.1 herein, sharing information on the City's website, and by performing proactive public outreach using a variety of methods that may include in-person or virtual participation and may occur outside City offices and regular business hours.
City Council Regular Meeting August 12, 2024 50
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 23 June 2024
(4) Conduct at least biennial training for the Planning Commission and City Council on fair housing, affirmatively furthering fair housing, and the Housing Accountability Act.
Administration: Planning Department, City Manager, Planning Commission, and City Council Funding: General fund
Timing:
A)–C) At all times during the 2023-2031 Housing Element cycle.
D) The City shall provide training at least biennially , with the first training held by December 31, 2024.
Program HO-7.1.2 Implementation of the AFFH Action Plan Appendix A analyzes fair housing conditions in the City of Mt. Shasta, and provides a regional comparison. Section
9.0 of Appendix A enumerates the City’s fair housing issues and contributing factors.
The City’s Affirmatively Furthering Fair Housing action plan is identified as Table A-653, section 9.0, Appendix A, and hereby incorporated by reference. The contributing factors are indicated and prioritized as part Table A-63.
The City’s AFFH Action Plan addresses the identified fair housing issue and contributing factors.
The City shall implement the Affirmatively Furthering Fair Housing action plan in Appendix A, section 9.0, and take meaningful actions citywide to address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming areas of concentrated poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair-housing laws for all persons in accordance with state and federal law.
Administration: City Council, Planning Commission, City Manager, Planning Department Funding: General fund
Timing: At all times for the duration of the 2023-2031 Housing Element planning period.
City Council Regular Meeting August 12, 2024 51
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 24 June 2024
Excerpted from Appendix A:
Table A-65
City of Mt. Shasta’s AFFH Housing Action Plan
HE Program/
Other Action Specific Action(s) Timeline Geographic Targeting 2023-2031 Outcomes Fair Housing Outreach and Dissemination of Fair Housing Information (medium priority) Contributing Factors:
Lack of fair housing information on City website
Lack of variety in the media forms and venues where fair housing information can be found Program A:
Improve
community
awareness and
knowledge
about fair
housing.
The City will make information on fair housing available to the public, through the posting of fair housing information in City Hall and in other public buildings, on the City’s website, distribution to existing and new apartment complexes, and other media channels.
• In the preparation and distribution of the City’s fair housing materials, the City will employ affirmative marketing best practices, such as depiction of members of protected classes under fair housing laws.
• The City will provide fair housing materials, both printed and as web content media, in Spanish and other local prevalent spoken languages.
Update the website by
December 2024.
Beginning in Q4 2024
or Q1 2025, distribute
printed materials.
Citywide Updated website that
includes fair housing
information.
Distribution, and
replenishment, of
printed materials to
public counters and
bulletin boards, and
apartments complexes.
Increase fair housing
awareness by
increasing inquires by
two inquires annually.
Contribute funding, and conduct an public outreach event(s), such as workshops, webinars, and/or forums, for local organizations to offer multilingual landlord-tenant education and conciliation, and to publicize the intake process for discrimination complaints.
The City will advertise events using its website, public postings, public counter, social service organizations, direct mailings, etc.
First event by July
2025, annually
thereafter
Citywide Conduct at least one
public event beginning
in 2025, and annually
thereafter.
City Council Regular Meeting August 12, 2024 52
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 25 June 2024
HE Program/
Other Action Specific Action(s) Timeline Geographic Targeting 2023-2031 Outcomes Provide training for staff, elected officials, and appointees on issues of fair housing, affirmatively furthering fair housing, and the Housing Accountability Act.
Beginning calendar
year 2025, and
biennially thereafter.
Citywide City council fair housing
presentations, with
appointees and staff
invited to attend.
Create and release a multilingual Mt. Shasta Fair Housing Marketing Plan (as part of housing opportunities created through the City’s affordable housing programs).
1) July to December
2025.
2) June 2026
Citywide 1) Release of an RFP
and procure qualified
vendor.
2) Release, with public
announcement(s), of
the Mt. Shasta Fair
Housing Marketing
Plan.
Improve access to housing that is affordable to the local workforce, lower income households, and housing for special needs populations (high priority)
Contributing Factors:
Cost burdened households High cost of construction
Low production of housing Lack of visibility of housing information Program B:
Improve the
Access and
Availability Long
Term Rental
Housing
The City will meet with the housing authority of Shasta County and other established housing authorities that serve Mt. Shasta and the surrounding region at least twice per year to discuss Housing Choice Voucher needs, Project-Based Voucher opportunities, affirmative marketing and outreach activities, and methods of increasing the number of vouchers allocated to the City, emphasizing households who are at or below the Federal poverty line.
Publish information and resources about Housing Choice Vouchers on the City website and at public counters to increase awareness for renter households and landlords.
Convene first meeting
within 12 months of
adoption of housing
element, and meet
with organizations at
least biannually
thereafter during the
2023-2031 planning
period.
Areas
zoned to
allow
residential
developme
nt, especial
highest and
higher
resource
areas.
Facilitate new
construction, or
conversion, of two
housing units
affordable to very low
and extremely low
income households.
Increase the number of
Mt. Shasta applicants
for vouchers by at least
5 percent by 2031.
City Council Regular Meeting August 12, 2024 53
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 26 June 2024
HE Program/
Other Action Specific Action(s) Timeline Geographic Targeting 2023-2031 Outcomes Develop a program administered by the City, or by partnering with a qualified organization, that connects lower-income households and individuals, including extremely-income residents, with affordable rental and homeownership opportunities in the City. Features of the program would include:
• Landlord recruitment and mentoring, including fair housing training. • Develop and maintain a list of affordable housing units that are available for rent or purchase in the City.
• A system for verifying the eligibility of applicants. • A system for matching eligible applicants with available units. • Employ affirmative marketing best practices.
Launch program by
2025
Citywide Assist with the
placement of six lower
income individuals or
households in housing
that is affordable by
2031.
Improve the supply of ownership and long term rental housing that is affordable for the workforce and lower income households, and the supply of housing for special needs populations (high priority) Contributing Factors:
Community opposition to density increases and multifamily development resulting in increased time and cost to complete the entitlement process. Land use controls that discourage a variety of housing types High cost of construction Lack of visibility of housing information Low production of housing Program C
Remove
regulatory and
procedural
constraints to
increase
production of a
variety of
housing types.
1) Amend the zoning regulations to permit multifamily developments by-right in which 20 percent or more of the units are affordable to lower income households and achieve a minimum density of 15 dwelling units per acre in the R-3, C-1, and C-2 zones. [Program HO2.3.4] 2) Amend the zoning regulations to expressly exclude residential development, including qualifying mix use developments utilizing the provisions of SB 35 and/or State Density Bonus Law, from the provisions of Chapter 18.70 of the MSMC. [Program HO-2.3.4] 1) and 2): within two
years of adoption of
the 2023-2031 housing
element.
3) and 4): within one
year of adoption of the
2023-2031 housing
element.
Citywide
and in
applicable
zones.
Adopted land use
regulations that provide
ministerial nondiscretionary pathways
for multifamily
development and allow
for a variety of housing
types.
City Council Regular Meeting August 12, 2024 54
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 27 June 2024
HE Program/
Other Action Specific Action(s) Timeline Geographic Targeting 2023-2031 Outcomes 3) Amend the 2010 Design Guidelines and zoning regulations to replace and/or remove subjective standards that apply to multifamily development with standards that are objective, and provide a ministerial nondiscretionary design review process for multifamily development. [Program HO-2.3.7]
4) Amend the zoning regulations for supportive housing
developments, group homes, etc. as provided in Programs HO-4.2.1, and HO-4.2.3 through HO-4.2.5.
1) The City shall offer expedited process for projects with an affordable component and/or that provide housing for special needs households [Program HO-2.4.1]
2) The City shall establish written procedures and findings for the review and approval of residential site plans and building permits. [Program HO-2.4.2]
3a) Proactive outreach and assistance to non-profit service providers and developers prioritizing some funding for housing developments affordable to special-needs households and offering financial incentives or regulatory concessions to encourage a variety of housing types. [Program HO-2.2.1]
3b) Improve community awareness and support for the City’s housing programs by publicly sharing information on the City’s website, and by performing proactive public outreach using a variety of methods. [Program HO-2.2.1]
1) and 2): within two
years of adoption of
the 2023-2031 housing
element.
3) Within one year
from adoption of the
2023-2031 housing
element.
1) and 3a):
In all
residential
zones, and
C-1 and C-2
zones.
2) and 3b):
Citywide in
all zones
permitting
residential
development.
During the 2023-2031
planning period
facilitate development
of two multifamily
housing developments
with four or more units
that are targeted for
lower income
households, and/or
providing housing for
special needs
households.
City Council Regular Meeting August 12, 2024 55
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 28 June 2024
HE Program/
Other Action Specific Action(s) Timeline Geographic Targeting 2023-2031 Outcomes Program D
Improve
information and
visibility of infill
housing types
and options.
1) Develop and publish toolkits for ADUs, JADUs, SB 9 housing, and SB 10 upzoning. The toolkits will provide permitting process information, forms, and resources for property owners. The ADU toolkit will also provide links/information about pre-approved plans from other California jurisdictions.
2) Proactively distribute information about the toolkits to property owners using a variety of media outlets.
3) Apply for appropriate funding, or partner with a qualified nonprofit, that can be used to provide bridge loans and other financial assistance to qualified households, or units assured to available to income qualified households, to increase access and affordability of private-market homes for new construction or conversion for J/ADUs and SB 9.
Within 18 months of
adoption of the 2023-
2031 housing element.
ADUs,
JADUs, and
SB 9:
Residential
zoned
parcels in
the Highest
and High
Resource
Areas.
SB 10:
within a ¼
mile of a
STAGE bus
stop and
that meet
other
statutory
criteria.
1) Facilitate the
construction or
conversion of six JADUs,
ADUs, and/or SB 9
housing units by 2031.
2) Facilitate the
completion of at least
one SB 10 upzoning by
January 1, 2029.
3) If appropriate
funding is secured,
facilitate the
construction or
conversion of two
J/ADUs by 2031.
Program E
Identify public
lands for
residential
development.
Identify and inventory City- and publicly owned land within city limits appropriate for residential development. Site evaluation shall consider environmental constraints, proximity to utilities including dry utilities, legal ingress/egress, the availability of essential personal services within a quarter mile including public transit, and development potential related to site size, configuration, and other criteria.
Complete within 3
years of adoption of
the 2023-2031 housing
element
Availability
in the
Highest and
High
Resource
Areas is
prioritized.
Publication of an
inventory of publicly
owned lands suitable
for residential
development.
City Council Regular Meeting August 12, 2024 56
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 29 June 2024
HE Program/
Other Action Specific Action(s) Timeline Geographic Targeting 2023-2031 Outcomes Disproportionate Housing Needs including Displacement Risks (high priority and low priority) Contributing Factors:
Unaffordable rents Competing uses for housing units–economic pressures for conversion Low inventory of affordable housing
Program F.1
Reduce
conversion risks
and retain the
housing supply
and affordable
housing (high
priority)
1) Active enforcement against illegal short term rentals because they reduce available housing stock.
2) Report status of short term rentals to City Council as part of the housing element annual progress report
1) Continue and
transactionally as
reports are received or
observed by City
officials.
2) Beginning the
calendar year after
adoption of the 2023-
2031 housing element,
and annually
thereafter.
Citywide No net loss of housing
units due to illegal short
term rentals during the
2023-2031 planning
period.
Preservation of assisted housing developments by implementing Program HO-3.3.1 that commits the City to contacting owners and property managers of assisted housing projects about rehabilitation needs and preservation of at-risk projects, and taking other actions to prioritize the preservation of existing affordable housing.
Initiate contact with
property owners–
property managers
within 120 days of
adoption of the 2023-
2031 Housing Element.
The four
existing
assisted
housing
developme
nts
identified in
Table A-51,
Appendix A.
No net loss of assisted
housing units within the
existing developments
during the 2023-2031
planning period to
conversion or condition
issues.
1) Continue to perform proactive code enforcement to improve housing units that are substandard and have habitability issues in order to conserve the inventory of housing. [Program HO-3.1.1(1)] 1) Continue and
transactionally as
reports are received or
observed by City
officials.
Neighborhoods
containing
older stock
Facilitate the
conservation/rehabilita
tion of two housing
units during the
planning period of 2023
City Council Regular Meeting August 12, 2024 57
City of Mt. Shasta 6th Cycle Housing Element
ADOPTED 2 – 30 June 2024
HE Program/
Other Action Specific Action(s) Timeline Geographic Targeting 2023-2031 Outcomes 2) Continue to provide free guidance and technical assistance through the Building Department to homeowners who wish to repair and improve the habitability and weatherization of existing housing. The availability of this service will be advertised as part of the City’s proactive public outreach for housing to improve community awareness.
3) Apply for appropriate funding, or partner with a qualified nonprofit, that can be used for rehabilitation of owner-occupied units or units assured to be available to income qualified households, to conserve the existing housing stock and improve access to affordable private-market homes. [Program HO-3.1.1(2)]
2) Transactionally
through the 2023-2031
planning period.
3) No less than
annually the City will
review upcoming
NOFAs to identify
appropriate funding.
units and
are Older
to 2031 with no-net
displacement of
residents.
Program F.2
Reduce
conversion risks
and retain the
housing supply
and affordable
housing (low
priority)
1) Adopt a mobile home park conversion ordinance to establish a procedure is to ensure that any conversion of mobile home parks to other uses is preceded by adequate notice, and that relocation and other assistance is provided park residents, consistent with State law. [Program HO-3.4.1]
2) The City shall adopt a condominium conversion ordinance that would limit the ability to convert from rental units to condominium units, taking into account the impact of the conversion on the availability of rental units.
• City staff shall conduct an analysis of the potential impacts of condominium conversions on the availability of rental housing, study options for a condominium conversion ordinance, and present the analysis and options to the City Council to consider for adoption of an ordinance.
[Program HO-3.4.2]
Initiate no later than
2025 and complete by
2027
1) The two
mobile
home parks
identified in
Table A-31.
2) R-3, C-1,
and C-2
zoned lands
developed
with
apartments
.
1) No net loss of mobile
home parks in Mt.
Shasta during the 2023-
2031 planning period.
City Council Regular Meeting August 12, 2024 58
ATTACHMENT C
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Chapter 18.50 OBJECTIVE DESIGN STANDARDS
FOR RESIDENTIAL & MIXED-USE
PROJECTS
SECTION 18.50.010 Administration
NOTE: Chapter content largely related to clarifying statutory mandates – will be amended as necessary to reflect statutory changes.
(A) Purpose
(B) Ministerial Review
(C) Application Requirements & Timing
(D) Adjustments to Standards
SECTION 18.50.020 Definitions
NOTE: Additional definitions to be added as necessary to clarify ODS intent. (A) Purpose
(B) Regulations
1. Definitions
SECTION 18.50.030 Site Design Standards
NOTE: Existing MSMC content merged into this Section: MSMC Chapter 18.60 Mt Shasta Design Guidelines; MSMC Chapter
18.70 Large Scale Facilities; General Plan Open Space and Conservation Element. (A) Purpose
(B) Regulations
1. Screening
2. Landscaping
3. Lighting
4. Parking and Loading
5. Snow Storage
6. Scenic Resources & Vistas
SECTION 18.50.040 Building Type Standards
NOTE: To be included in final document: photos of existing local development as examples for each building type. (A) Purpose.
(B) Regulations
1. Building Types
2. Overview of Building Types
3. Duplex Side-by-Side
4. Duplex Stacked
5. Three/Fourplex
6. Neighborhood Townhouse
7. Cottage Court
8. Pocket Neighborhood
9. Neighborhood Courtyard
10. Multiplex
11. Main Street Building
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SECTION 18.50.010 ADMINISTRATION
(A) Purpose. The purpose of this section is to:
1. Specify how the City will implement the review and approval requirements of California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"); and
2. Facilitate the development of housing (duplexes, triplexes, multifamily housing and mixed-use) consistent with the goals, objectives, and policies of the City's General Plan Housing Element, the City of Mt Shasta Municipal Code and these Objective Design Standards, as may be amended from time to time.
(B) Ministerial Review. The City will Ministerially Review housing (duplexes, triplexes, multifamily and mixed-use) development and Low Barrier Navigation Centers when an Applicant submits a complete application as specified by this Chapter.
1. Applicability. Ministerial Review pursuant to this chapter applies to any of the following:
1.1 Duplex/Triplex. New construction of any building or portion thereof which contains two or three dwelling
units.
1.2 Multifamily Housing Development. New construction
of any building which contains four or more units within one structure.
1.3 Mixed Use. New construction where at least two-thirds of the square footage of the development shall be
designated for residential use. All of the following shall apply:
A. The two-thirds calculation is based upon the
proportion of gross square footage of residential
space and related facilities to gross development
building square footage for an unrelated use such as
commercial.
B. Structures utilized by both residential and
nonresidential uses shall be credited proportionally
to intended use.
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C. Additional density, floor area, and units, and any
other concession, incentive, or waiver of
development standards granted pursuant to the
Density Bonus Law shall be included in the square
footage calculation.
D. The square footage of the development shall not
include non-habitable underground space, such as
basements or underground parking garages.
E. Both residential and non-residential components of
a qualified mixed-use development are eligible for
the Streamlined Ministerial Approval Process.
F. Additional permitting requirements pertaining to the individual business located in the commercial
component (e.g., alcohol use permit or adult
business permit) are subject to local government
processes.
G. When the commercial component is not part of a
vertical mixed-use structure, construction of the
residential component of a mixed-use development
shall be completed prior to, or concurrent with, the
commercial component.
1.4 Supportive Housing. Development pursuant to the
State Supportive Housing Law. The number of
Restricted Affordable Units, Supportive Housing Units,
and Supportive Services floor area shall be calculated
in accordance with the State Supportive Housing Law.
1.5 Density Bonus. Development pursuant to the Density
Bonus Housing Law. The number of Restricted
Affordable Units and justification for any requested
Density Bonus shall be calculated in accordance with
the State Streamlined Ministerial Approval Process.
2. Replacement of Pre-Existing Lower Income Units. A housing development shall replace any dwelling units proposed to be removed on a site in the manner required by the State
Supportive Housing Law.
3. Parking Ratios. The City shall not require parking beyond the maximum ratios specified in the State Streamlined Ministerial Approval Process if the project is Ministerially Approved under that section of state law.
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4. Development Standards. Notwithstanding the State
Supportive Housing Law, the State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process, Ministerially Approved housing developments and Low Barrier Navigation Centers shall meet all objective site, design, and construction standards included in Title 15 (Buildings and Construction), Title 17 (Subdivisions), and Title 18 (Zoning) of this Code, and shall also comply with all objective design guidelines included in applicable specific plans or planned developments adopted by the City Council, and all administrative regulations of this section.
(C) Application Requirements and Timing
1. General. Aside from Ministerial Approvals for accessory dwelling units and junior accessory dwelling units as specified in State Law, any Ministerial Approval sought by an Applicant shall be made pursuant to this Chapter.
2. Application. All applications pursuant to this chapter shall be filed with the City Planner in a form prescribed by the City Planner. The application shall be signed by all owners of real property or persons or entity with written authority of the owner(s).
3. Application Received. No application for Ministerial Approval shall be deemed received until the following have been
provided:
2.1 A completed application form and all documents
specified in this Chapter.
2.2 All fees for the application as set forth in the schedule of fees established by resolution of the City Council
have been paid. No fee shall be deemed received until
any negotiable instrument has been cleared and funds
deposited in the City's account.
4. Application Contents. The application shall include the following information:
4.1 Project Description. A brief description of the
proposed development, including, as applicable, the
total number of dwelling units, Restricted Affordable
Units, Supportive Housing Units, and/or number of
beds (if Low Barrier Navigation Center proposed.)
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4.2 Designations. The current zoning district(s) and general plan land use designation(s) and assessor's parcel
number(s) of the project Site.
4.3 Mapping, Illustrations and Supporting Data. A vicinity map and Site plan, drawn to scale, including building
footprints, driveway, landscaping concept (plant
massing, species list, irrigation method) and parking
layout/quantity. Other information as necessary to
convey the proposal’s compliance with Objective
Design Standards conveyed by this chapter.
4.4 Density Bonus. Written request and reasonable
justification for any requested density bonus, incentive, waiver, or modification to zoning standards.
4.5 Unit Plan. A plan diagram showing location of, as
applicable, Restricted Affordable Units, Supportive
Housing Units, onsite Supportive Services, Low Barrier
Navigation Center beds, and all other dwelling units
within the proposed housing development or Low
Barrier Navigation Center.
4.6 Supportive Housing Units. If a reduction in Supportive Housing Units is requested due to the termination of
project-based rental assistance or operating subsidy
through no fault of the project owner, an explanation of good faith efforts by the owner to find other sources of financial support, how any change in the number of
Supportive Service Units is restricted to the minimum
necessary to maintain the project's financial feasibility, and how any change to the occupancy of the Supportive
Housing Units is made in a manner that minimizes
tenant disruption and only upon the vacancy of
Supportive Housing Units.
5. Application Review and Approval Process
5.1 Review Body. An application for Ministerial Approval shall be acted upon by the Planning Commission OR
Design Review Commission (three appointed members
of the Planning Commission), pursuant to the decision
findings presented by the City Planner.
5.2 Grounds for Approval. Before approving an application for Ministerial Approval, the City Planner must make the City Council Regular Meeting August 12, 2024 63
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following findings based on evidence in the record, as
applicable, that:
A. The development proposal is eligible for Ministerial Approval pursuant to Section 18.50.010 (B) 1 of this
chapter.
B. If the application includes a request for a density
bonus, incentive, waiver, or modification under this
chapter, a finding that all the requirements for
density bonuses and/or other incentives that are
specified in this chapter have been or will be met.
C. The application is compliant with all applicable
provisions of the City’s development regulations as
conveyed by the General Plan, Municipal Code,
standards for land use near streams and wetlands,
Active Transportation Plan, Public Works Standards,
and City Fire Department and CalFire standards.
5.3 Grounds for Denial
A. If the planner determines that a development
submitted pursuant to this section is in conflict with
any of the objective planning standards, they shall
provide the development proponent written
documentation in support of its denial identifying
with specificity the standard or standards the
development conflicts with, and an explanation for
the reason or reasons the development conflicts
with that standard or standards, within the
timeframe specified in state law.
B. A determination of inconsistency with objective
planning standards does not preclude the
development proponent from correcting any
deficiencies and resubmitting an application for
streamlined review, or from applying for the project
under other local government processes.
C. If the application can be brought into compliance
with minor changes to the proposal, the planner
may, in lieu of making the detailed findings
referenced above, allow the development
proponent to correct any deficiencies within the
timeframes for determining project consistency
specified by state law.
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5.4 Permit Conditions of Approval. Following are standard Conditions of Approval to be applied to all approvals
under this chapter.
A. Term. Unless otherwise required by state law,
Ministerial Approvals shall automatically expire
three years from the date of the final action
establishing that approval, unless otherwise
provided in the permit. The duration of the approval
may be extended as provided for in state law.
B. Statutory Compliance. Following approval of an
application under the Streamlined Ministerial
Approval Process, but prior to issuance of a building
permit for the development, the City Planner may
require changes to the development that
substantially conform with the original approval and
are necessary to comply with the objective uniform
construction codes (including, without limitation
building, plumbing, electrical, fire, and grading
codes), to comply with federal or state laws, or to
mitigate a specific, adverse impact upon the public
health or safety and there is no feasible method to
satisfactorily mitigate or avoid the specific adverse
impact. A "specific, adverse impact" has the
meaning defined in Government Code section
65589.5(d)(2).
C. Installation of public improvements. All public
improvements shall be constructed as conveyed by
applicable provisions of the Mt Shasta Municipal
Code, at the determination of the Director of Public
Works.
D. Construction Clean-up. It shall be a violation of
this title for any person responsible for construction
including but not limited to the permit holder and
any contractor thereof to fail to keep the public
right-of-way free from construction dirt and debris.
All on-site construction debris shall be removed at
least weekly.
E. Maintenance of Landscape. It shall be a violation
of this title for any property owner or other person in control of any site to fail to install or maintain any
landscaping required by a permit or approval issued
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pursuant to this chapter or otherwise in a manner
that fails to fully comply with the applicable
provisions of the Mt Shasta Municipal Code. Any
vegetation, required by a permit or approval, or
otherwise by this Code, which is dead or dying, shall
be replaced within sixty days.
F. Hours of Construction within 500 feet of a
residential unit. No applicant or agent of an
applicant shall suffer or allow any construction
activity on a site located within 500 feet of a
residential unit before 7:00 a.m. or after 7:00 p.m.,
Monday through Friday, or at any time on weekends.
G. Stormwater. All projects approved under this
chapter shall follow the stormwater management
requirements listed in the Mt Shasta Municipal
Code, as applicable.
H. Map. Prior to the approval of a Tract or Parcel Map
(if applicable) by the City Planner, or the issuance of Building permits, whichever occurs first, all projects
approved under this chapter shall satisfy all
applicable Public Works, Fire Department and
Building Division requirements.
I. MSMC Title 18. All projects approved under this
chapter shall, if required by the Zoning Ordinance,
satisfy the performance standards within the Mt
Shasta Municipal Code as applicable.
(D) Adjustments to Standards
1. Density Bonus. Density Bonus concession, incentives and waivers are defined below. They may not be used to waive applicable building code and life safety standards.
1.1 Concessions & Incentives (4 or less). Concessions
and incentives, as defined under State law, allow a
developer to deviate from those design
standards/regulations when such regulations
potentially make the project economically infeasible for the developer to build. The number of
concessions/incentives that can be requested by a
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developer varies by the amount and type of reserved
affordable units being proposed, as reflected in the
chart below. Percentages between these ranges are
rounded down.
Inco
me
Categ
ory
% of Reserved Affordable Units
Very
Low
5 %
1 0
%
1 5
%
8 0
%
Low
1 0
%
1 7
%
2 4
%
8 0
%
Mode
rate
1 0
%
2 0
%
3 0
%
8 0
%
Senio
r
N
/
A
N
/
A
1 0
0 %
N
/
A
Max
# of
Incen
tives
1 2 3 4
1.2 Waivers (unlimited). Waivers are yet another form of assistance under State law, separate from concessions
and incentives. A waiver is a reduction in development
standards and other regulations when those
requirements potentially make the construction of the
project physically infeasible, if not approved. Unlike
concessions and incentives, there is no limit in the
number of waivers an applicant can request.
1.3 Justification. The City requires that Applicants provide reasonable documentation as to why the requested
incentives will reduce affordable housing development
costs. Absent this justification, the requested
incentives may be subject to denial pursuant to
18.50.010 (D) 1.4.
1.4 Denial. Denial of requested incentives or waivers shall only be made based on findings of non-compliance with
18.50.010 (D) 1.3 and/or substantial evidence that the
incentive would be contrary to state or federal law, or would have a specific, adverse and unavoidable impact
on public health, safety or on a listed historic property.
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1.5 Parking. The City may not require more than the
following parking ratios for a density bonus project, as amended by state law (inclusive of parking for persons
with disabilities):
Studio 1 space
1 Bedroom 1 space
2 Bedroom 1.5 spaces
3 Bedroom 1.5 spaces
4 Bedroom 2.5 spaces
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SECTION 18.50.020 Definitions
(A) Purpose. All terms used in this Chapter that are defined in the State Supportive Housing Law, State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process shall have meaning established by their respective sections, as may be amended from time to time.
(B) Definitions. When the following terms are used in this chapter, they shall have the meaning established by this section. Where the terms set forth in this chapter are inconsistent with the definition of the same terms set forth in State law, the statutory definitions shall prevail.
1. Whenever the following terms are used in this Chapter, they shall have the meaning established by this Section:
2.1 "Applicant" means the owner of the property, or person or entity with the written authority of the owner, that submits and application for Ministerial Approval.
2.2 “Building Main Body” A building’s primary massing.
2.3 “Building Type” means one of the following residential development types regulated by this chapter:
A. Duplex – Side by Side. A small-sized, detached,
House-Scale Building with small-to-medium
setbacks and a rear setback. The building consists
of two side-by-side units, both facing the street and
within a single Building massing. The type has the
appearance of a medium-to-large, single-unit house
and is scaled to fit within lower-intensity
neighborhoods.
B. Duplex – Stacked. A small-sized, detached, HouseScale Building with small-to-medium setbacks and a rear setback. The building consists of two stacked
units, both facing the street and within a single
building massing. The type has the appearance of a
medium-to-large, single-unit house and is scaled to
fit within lower-intensity neighborhoods.
C. Three/Fourplex. A small-to-medium-sized,
detached, House-Scale Building that consists of
three to four side-by-side and/or stacked units,
typically with one shared entry or individual entries
along the front. The type has the appearance of a
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medium-sized, single-unit house and is scaled to fit
within low- to moderate-intensity neighborhoods.
D. Neighborhood Townhouse. A small-to-medium
sized, typically attached, Rowhouse-Scale Building
(up to five units side-by-side) with a rear setback.
Each Neighborhood Townhouse consists of one
unit. The type may also be detached with minimal
separations between buildings. The type is typically
located within low-to-moderate-intensity
neighborhoods.
E. Cottage Court. A group of up to nine small,
detached, House-Scale Buildings arranged to define
a shared court open to and visible from the street.
The shared court is common open space and takes
the place of a private rear setback, thus becoming
an important community-engaged place. The type is
scaled to fit within low-to-moderate-intensity
neighborhoods and in small-scale mixed-use
contexts.
F. Pocket Neighborhood. A group of 5 to 10 detached,
House-Scale Buildings each containing one to four
units, arranged to define a shared open space. The
shared open space is common open space and
takes the place of a private rear setback. The type is
scaled to fit within low-to-moderate intensity
neighborhoods.
G. Multiplex. A medium-to-large-sized, detached,
Apartment-Scale Building that consists of 5 to 12
side-by-side and/or stacked units, typically with one
shared entry. The type is scaled to fit within
moderate-intensity neighborhoods.
H. Neighborhood Courtyard. A medium-to-large sized
building that consists of up to 16 multiple attached
and/or stacked units, accessed from a shared
courtyard. The shared court is common open space
and takes the place of a rear setback. The type is
typically integrated as transitional density between
moderate- to high-intensity neighborhoods.
I. Main Street Building. A medium-to-large sized,
Block-Scale Building. The type is intended to provide
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or service uses and upper-floor service or
residential uses. The type makes up the primary
component of high-intensity neighborhoods and
downtown main streets.
2.4 “Building Scale”.
A. House-Scale. A scale of building typical of a small to large single-family residence supporting multiple
residential units.
B. Apartment-Scale. A scale of building typical of a
free-standing rental apartment building with a
building mass between that of house and block.
C. Block-Scale. A scale of building typical of a
downtown building with a mass occupying all, or a
portion of, a city block.
2.5 “Building Wings.” Appendages on a building’s Main
Body, required to be smaller in size and height than the main body to visually reduce the overall size of a
building.
2.6 "City Planner" means the Planner or Planning Director.
2.7 "Ministerial Approval" means any approval related to a housing development or a Low Barrier Navigation
Center that meet the requirements of the State
Supportive Housing Law, the State Low Barrier
Navigation Centers Law, and/or the State Streamlined
Ministerial Approval Process and does not require the
exercise of judgement or deliberation by the City
Planner or appointed review body.
2.8 “MSMC”. Mount Shasta Municipal Code.
2.9 “Parking”. The following parking terms are used in this chapter:
A. Tuck-under. Parking spaces covered by the upper
stories of a building but otherwise open.
B. Garage. Parking space(s) within a free-standing or
attached structure enclosed by walls.
C. Carport. Parking space(s) within a free-standing or
attached structure with open sides.
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D. Podium. On-grade parking spaces covered by the
upper stories of a building but enclosed by walls.
E. Subterranean. Below-grade parking spaces covered
by the upper stories of a building.
2.10 "Restricted Affordable Unit" means a dwelling unit within a housing development that will be available at
an Affordable Rent or Affordable Housing Cost as
specified in the State Supportive Housing Law and the
State Streamlined Ministerial Approval Process.
2.11 “Scenic Vista” is a publicly accessible viewpoint that provides expansive views of scenic resources. For the
purposes of this chapter, a scenic vista shall mean any public right-of-way or publicly owned land.
2.12 "State Housing Density Bonuses and Incentives Law" means Government Code Section 65915 et seq. and all
amendments and additions thereto, now or hereinafter
enacted, that impose requirements applicable to the
City related to the provision of housing Density
Bonus(es) and Incentives.
2.13 "State Low Barrier Navigation Centers Law" means
Government Code 65660 et seq. and all amendments
and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to
Ministerial Approvals and Uses by Right.
2.14 "State Streamlined Ministerial Approval Process"
means Government Code Section 65913.4 and all
amendments and additions thereto, now or hereinafter
enacted, that impose requirements applicable to the
City related to Ministerial Approvals.
2.15 "State Supportive Housing Law" means Government
Code Sections 65650 et seq. and all amendments and
additions thereto, now or hereinafter enacted, that
impose requirements applicable to the City related to
Ministerial Approvals and Uses by Right.
2.16 “Human Scale”. “Human scale” means building
elements bearing a definite relationship to the human in dimension; a component that the human can associate
with directly. The relationship between the dimensions
of the human body and the proportion of the spaces
which people use.
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Human scale design typically reflects the elements
listed below:
(1) Buildings that avoid long, monotonous,
uninterrupted walls or roof planes. Blank,
windowless walls are generally avoided along street
frontages. Where solid walls are required by building
codes, the wall should be articulated by the
provision of blank window openings trimmed with
frames, sills, lintels, or, if the building is occupied by a commercial use, by using recessed or projecting
display window cases;
(2) Structures that incorporate awnings or arcades.
2.17 TBD: Other ODS definitions as necessary.
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SECTION 18.50.030 Site Design Standards
Sections:
(A) Purpose
(B) Regulations
1. Screening
2. Landscaping
3. Lighting
4. Parking
5. Snow Storage
6. Scenic Resources & Vistas
(A) Purpose. (source: MTS Design Guidelines, E4, Site Planning) The purpose of this section is to ensure that development complies with General Plan goals related to site constraints, development design and resource protection. These regulations meet this intent by ensuring that development accomplishes the following:
1. No Adverse Impact. Does not adversely affect neighboring properties and abutting public right-of-way. "Adversely affect" means to impact in a substantial, negative manner community habitability, public safety and/or welfare.
2. Desired Development. Makes a positive contribution to the desired development pattern of the area;
3. Context Responsive. Must be responsive to existing conditions of neighboring properties and city scenic resources;
4. Preserve the Visual Environment. Location and screening of building mass and parking areas to mitigate visual impacts of development and preserve visual resources; and
5. Pedestrian Orientation. New or altered structures shall prioritize pedestrian safety, access and comfort.
(B) Regulations
1. Screening (source: MSMC §18.20.050, Fences, Walls, Hedges, Screen Plantings merged in Table A below.) The intent of these standards is to protect property, enhance privacy, attenuate noise, and improve the visual environment.
1.1 Height Maximums. Screening shall not exceed the
maximums identified in Table A (Maximum Screening
Height).
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Table A Maximum Screening Height (source: MSMC
18.20.050)
Z
o
n
e
Ite
m
Maximum Height Allowed
Fr
on
t
S
i
d
e
S
t
*
Sid
e**
Rea
r**
R1/
B1
Fence 4’ 4
’ 6’ 6’
Free
Standing
Wall
4’ “ “ “
Landsca
ping 4’ “ “ “
R1
Fence 4’ 4
’ 6’ 6’
Free
Standing
Wall
4’ “ “ “
Landsca
ping 4’ “ “ “
R1-
U
Fence 4’ 4
’ 6’ 6’
Free
Standing
Wall
4’ “ “ “
Landsca
ping 4’ “ “ “
R2
Fence 4’ 4
’ 6’ 6’
Free
Standing
Wall
4’ “ “ “
Landsca
ping 4’ “ “ “
R3
Fence 4’ 4
’ 6’ 6’
Free
Standing
Wall
4’ “ “ “
Landsca
ping 4’ “ “ “
C1
Fence 4’ 4
’ 6’ 6’
Free
Standing
Wall
4’ “ “ “
Landsca 4’ “ “ “
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ping
C2
Fence 4’ 4
’ 6’ 6’
Free
Standing
Wall
4’ “ “ “
Landsca
ping 4’ “ “ “
*(w/in 25’ of intersection)
**Decorative lattice may extend beyond height limit by 2’.
1.2 Screening on Retaining Walls. The total height of
screens and the retaining walls they are mounted on or
attached to shall not exceed six feet.
1.3 Mechanical Equipment Screening
A. The following mechanical equipment is exempt from
screening:
(1) Free-standing or roof-mounted solar equipment;
and
(2) Vents less than two feet in height.
B. For new installation or relocation of existing
mechanical equipment, the equipment shall be
screened.
(1) Roof-Mounted Equipment. Building parapets or
other architectural elements in the building’s
architectural style shall screen roof-mounted
equipment.
(a) New buildings shall be designed to provide a
parapet or other architectural element that is
as tall or taller than the highest point on any
new mechanical equipment to be located on
the roof of the building; and
(b) For existing buildings with no parapet less
than two feet in height, mechanical
equipment shall be surrounded on all sides
by an opaque screen wall as tall as the
highest point of the equipment. The wall shall
be architecturally consistent with the
building and match the existing building with
paint, finish, and trim cap detail.
(2) Wall- and Ground-Mounted Equipment
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(a) Equipment is not allowed between front or
side street facades and the street.
(b) All screen devices shall be as high as the
highest point of the equipment being
screened.
(c) Equipment and screening shall be in
compliance with the setbacks of the zone.
(d) Screening shall be architecturally
compatible and include matching paint,
finish, and trim cap of the building.
1.4 Screening Materials.
A. Open View Fencing. Minimum visual permeability
between public street frontage and site shall be
50%. (source: MTS Design Guidelines H.2.7)
B. Prohibited Materials. Barbed wire and razor wire
screening materials are prohibited.
2. Landscaping. The intent of these standards is to protect and enhance the environmental and visual quality of the
community, enhance privacy, and control fugitive dust.
A. Location. These standards apply in conjunction
with Mt Shasta Municipal Code Chapter 15.42 Water
Efficient Landscaping. Landscaping materials shall
be integrated within: Building Setbacks, Stream and
Wetland Buffers and Parking Lots pursuant to
Section 18.50.030 (B) 4.
2.1 Materials. Landscaping materials shall comply with the following:
A. Shrubs, of at least one-gallon size;
B. Ground cover instead of grass/turf; and/or
C. Decorative nonliving landscaping materials
including, but not limited to, sand, stone, gravel,
wood or water may be used to satisfy a maximum of
25 percent of the required landscaping area.
2.2 Species. Species shall meet the minimum standards,
in conformance with California Model Water Efficient
Landscape Ordinance. Community gardens are
encouraged.
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2.3 Common Open Space Amenities. (source: MTS Design
Guidelines H6) At least one of the following amenities
shall be provided within required Common Open
Space: play structure, seating area, bench, picnic table, kiosk, shelter.
2.4 Accent Paving. (source: MTS Design Guidelines H.1.3) Pedestrian pathways and crossings within parking lots
shall be demarcated with decorative paving materials
or colors contrasting with the ground plane material.
2.5 Trash Enclosure. (source: MTS Design Guidelines H.2.5) Trash receptacles shall be contained and covered by an
enclosure constructed of the same materials as the
primary building.
2.6 Utilities. (source: MTS Design Guidelines H.2.6) All utilities shall be undergrounded (refer to MSMC Section
18.20.070.) Utility cabinets shall be screened with
enclosure, fencing or landscaping (refer to 18.50.030(B)
1.3.)
3. Lighting. The intent of these standards is to implement the goals of the general plan and protect the natural scenic value of Mt Shasta, by establishing regulations to reduce light pollution. (source: MTS Section 18.70.120)
3.1 Exterior Lighting. (source: MTS Design Guidelines H.2.8) All on-site lighting shall be human scale, downward
illuminated and shielded pursuant to the following:
A. Cut-off Fixtures. Lighting shall be full cut-off
fixtures and downward facing and no direct light
shall bleed onto adjacent properties. The applicant
must provide an outdoor lighting report which
provides information on how outdoor lighting will be
accomplished to minimize impacts on adjacent
properties or roadways.
B. Fixture Height. To minimize any indirect overflow of light on adjacent properties, the height of any
proposed parking lot light standard shall be no
higher than 12’ to the base of fixture shield.
C. Lighting Plan. Development applications shall
include sufficient information, in the form of an
overall exterior lighting plan, to enable the City to
determine that the applicable provisions will be
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satisfied. The exterior lighting plan shall include at
least the following:
(1) Manufacturer specification sheets, cut-sheets or
other manufacturer provided information for all
proposed lighting fixtures.
(2) The proposed location, mounting height, and
orientation of all exterior lighting fixtures.
(3) If building elevations are proposed to be
illuminated, drawings shall be provided for all
relevant building elevations showing the fixtures,
the portions of the elevations to be illuminated,
the illuminance levels of the elevations, and the
orientation of any remote light fixture.
(4) To review proposed exterior lighting
installations, the applicant shall supply the
following information:
(a) A brief written narrative, with accompanying
plan or sketch, which demonstrates the
objectives of the lighting.
(b) Outline specifications for all lamps (bulbs),
and other descriptive information on the
fixtures, and, if applicable or required,
designation as Illuminating Engineering
Society of North America (IESNA) “cut-off”
fixtures.
(c) Relative landscaping information that
indicates mature tree size, shrubbery and
other vegetation in order to evaluate the longterm and seasonal effectiveness of lighting or screening of lighting.
4. Parking. The intent of these standards is to minimize the appearance of vehicle parking, enhance walkability, preserve the environmental and visual quality of the community,
enhance privacy, attenuate noise, and control dust. These regulations shall apply in addition to MSMC Chapter 15.44 Offstreet Parking Requirements.
4.1 Location. The placement of vehicle parking areas is regulated in order to minimize the expansive
appearance of parking fields (source: MTS Design
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Guidelines H.1.4) and the visual impact of parking areas on abutting residential uses (source: MTS Design
Guidelines H.1.5).
A. Vehicle Area. Vehicle parking and access is
prohibited between the primary structure and a
street except as follows.
(1) Projects under 10 units.
(2) Building Lines. Vehicle area located entirely
behind the front and side street building lines of
a primary structure are allowed; and
(3) Frontage Limitation. Vehicle area is allowed on
driveways limited to no more than 40% of the
primary building frontage.
(4) Alleys. On a lot abutting an alley, all vehicle
areas must be accessed from, and oriented to,
the alley. Snow removal shall be the
responsibility of property owner or management.
(5) Bicycles. Both long- and short-term bicycle
parking shall be designed and constructed with
an architectural style, exterior colors and
materials that match the structures in the
project containing dwelling units.
4.2 Size. Parking lots larger than 4,500 square feet in size (approximately 20 +/- spaces) shall be broken down
into smaller parking areas with planted landscape
areas with a minimum width of 15 feet between them to
minimize the perceived scale of the parking fields.
Parking fields shall be separated from buildings as
follows:
A. Parking lots with 11-20 spaces shall be separated at least by five feet from buildings to make room for a
sidewalk, landscaping, and/or other planting
between the building and the parking area;
B. Parking lots with more than 20 spaces shall be
separated by at least 12 feet from buildings to make
room for a sidewalk, landscaping, and other
planting between the building and the parking area;
and
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C. The required separation may be eliminated to the
rear of buildings in areas designed for unloading and
loading of materials.
4.3 Landscaping. The following standards apply to new
driveways and new parking areas in all zones when the
new parking area is at least 4,500 square feet in total area. The site must include:
A. Tree canopy. Tree canopy must shade at least 40
percent of the parking area. The amount of shade is
determined by the diameter of the mature crown
spread stated for the species of the tree.
B. Perimeter Landscaping. Landscaped setback of 6’
from property line, including stormwater retention.
C. Interior Landscaping. 30 square feet of interior
landscaped area for each parking space containing
landscaping consisting of ground cover, low shrubs
or pervious material. Interior landscaping must be
arranged in linear strips at least 3 feet wide between
rows of parking stalls.
D. Permeable Pavement. Perimeter and interior
landscaping requirements may be reduced by 75%
with the provision of pervious paving material for the
entire parking area.
5. Snow Storage (source: MTS Design Guidelines G-6) Each unenclosed parking area, including circulation drives and City Council Regular Meeting August 12, 2024 81
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aisles, shall provide a snow storage area(s) equal to onequarter of the total gross parking and driveway area.
5.1 Exceptions. The size of the area may be reduced if:
A. The size and configuration of snow storage area(s)
allow ramping or other removal and storage
methods which reduce the amount of area
necessary to store snow in comparison to normal
snow removal and storage operations; or
B. A long-term snow hauling plan is adopted as part of
the project and the snow hauling plan demonstrates
the property owner and/or snow removal contractor
has sufficient rights to an off-site storage area(s) to store excess snow from the property with an
acceptable method to transport the snow from the
property to the off-site storage area(s); or
C. An acceptable method to remove and store snow
from the property has been adopted as part of the
project and the method(s) clearly demonstrate that
the amount of snow storage area(s) required by this
section is not necessary.
5.2 Snow Storage Area Standards:
A. Shall be located near the sides or rear of parking
areas, away from the primary street frontage;
B. Shall be located to maximize solar exposure to the
greatest extent feasible. Areas shaded by structures
or vegetation shall be avoided;
C. Shall be located so that snow moving equipment is
not required to enter the public streets to move
snow to the storage area;
D. Shall be located in areas that are substantially free and clear of obstructions (e.g. propane tanks, trees,
large boulders, trash enclosures, utility pedestals);
E. May be located within parking areas but each
parking space shall be considered one half of a
parking space needed toward meeting parking
requirements for the use; and
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F. May be located within required landscaping areas
but the areas shall be planted with landscaping
tolerant of snow storage.
G. Snow storage areas shall be designed to provide
adequate drainage to prevent ponding and the
formation of ice, especially within pedestrian areas
and driveways.
H. Drainage from snow storage areas shall be directed
towards drainage retention/treatment facilities.
I. Minimum dimensions. The minimum dimension of a
snow storage area shall be 10 feet in any direction.
J. Neither the building nor any accessory structure,
shall be designed to allow snow to shed onto
adjacent properties, on-site parking or entry areas.
6. Scenic Resources and Vistas. Protection of the scenic beauty of the Mt Shasta area is addressed by General Plan Open Space and Conservation Element Goal OC-7: Protect the
scenic resources of the Mt Shasta area. Scenic resources are addressed by Policies OC-7.1 and OC-7.2 in terms of 1) Scenic Resource. Protection of the scenic resource itself and 2) Scenic Vista. Protection of views of the scenic resource through regulating development within ‘scenic vistas.’
6.1 Scenic Resources. Specified scenic resources in the Mt Shasta area are conveyed in General Plan Open
Space and Conservation Element as including Mount
Shasta, Castle Crags, Black Butte, Mount Eddy and the
Eddy range. Because these scenic resources are
located outside the City and, therefore, not within the regulatory authority of the City and this code, the scenic resource protection strategy (as conveyed by General
Plan Open Space and Conservation Element Policy OC7.2) is for the City to work with the County to protect scenic resources.
6.2 Scenic Vistas. The intent of these standards is to
implement General Plan Open Space and Conservation
Element Policy OC-7.1 by locating development outside
of a scenic vista. For the purposes of this regulation, ‘scenic vista’ is defined (§18.50.020 (B) 2.7) as any
public right-of-way or publicly owned land.
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A. Reduced Bulk Zone. To protect Scenic Vistas, a
Reduced Bulk Zone is established to restrict
building footprint and height along any parcel line
abutting a publicly owned parcel.
B. Upper-Level Step-back. In addition to the required
setback for the zoning district, upper-level floors
shall step-back on any street-facing façade, to not
conflict with a 45-degree daylight plane from the
right-of-way line at a point 10 feet above the ground
plane.
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SECTION 18.50.040 Building Type Standards
Sections:
(A) Purpose
1. Mountain Village Theme
(B) Regulations
1. Building Types
2. Overview of Building Types
3. Duplex Side-by-Side
4. Duplex Stacked
5. Three/Fourplex
6. Neighborhood Townhouse
7. Cottage Court
8. Pocket Neighborhood
9. Multiplex
10.Neighborhood Courtyard
11. Main Street Building
(A) Purpose. The purpose of this section is to provide standards for conventional building types to achieve the intended small-town character of Mt Shasta neighborhoods, allow for architectural variety while increasing affordable housing opportunities within pedestrian oriented neighborhoods.
Mountain Village Theme. (source: MTS Design Guidelines) With respect to architectural theme, the City of Mt Shasta established the following aspirational statement in the 1988 Design Guidelines:
The overriding design philosophy of the City of Mt. Shasta is to establish an attractive, comfortable, contemporary village with its own identity, while complementing rather than competing with the natural landscape.
The architectural theme for the City of Mt. Shasta has been directed as establishing a compatibility between buildings and the natural environment fulfilling the expectations of visitors as a retreat to the mountains and respecting both the historic precedent of local buildings and traditional mountain architecture.
As seen from a distance, the Mt. Shasta Mountain Village Concept should represent an uncomplicated whole; in detail, at the pedestrian level, an exciting vitality and broad individual expression is encouraged.
To more clearly convey design principles espoused by this statement, the adopted 2010 Design Guidelines edify this theme as follows:
Mount Shasta is a village in the mountains and there are design features consistent with mountain living that are appropriate for, and desired by, this community.
The 2010 Design Guidelines do not identify specific design features consistent with mountain living. Therefore, these Objective Design Standards seek to do so by identifying the following as recommendations to consider in resolving architectural design:
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1. Mountain Village Design Considerations. Housing projects subject to these objective design standards are advised to consider the following elements in resolving design solutions that provide four-season weather protection and convey
mountain themed materiality.
1.1 Snow. Roof pitch to shed snow, overhanging
architectural projections to protect pedestrians,
elevated porches, and entries to maintain accessibility under heavy snow conditions, snow storage areas
pursuant to standards herein (refer to Section
18.50.030 (B) 1.3).
1.2 Sun. Covered walkways, sun/shade structures in
common open space, recessed balconies on upper
units, operable balcony screens, etc.
1.3 Rain. Arcades, recessed ground floors, canopies,
awnings, etc.
1.4 Wind. Evergreen landscaping, lee structures such as walls/fences/berms, operable wind screens as façade
elements, recessed or oblique entries, etc.
1.5 Materials. Historic construction materials in mountain communities are generally a mix locally available
materials providing an indigenous look and feel. In Mt
Shasta, the combination of wood and stone is used
extensively in a variety of textures and patterns. It is not necessary to use the actual material as manufacturers
offer successful simulated products.
(B) Regulations
1. BUILDING TYPES. The following regulations articulate the desired size, scale and basic form of residential and mixed-use buildings allowed. The underlying density and intensity standards conveyed by the General Plan and Title 18 Zoning shall apply as the baseline from which eligible density bonus is derived. The intent of these regulations is to create structural and spatial variety that is contextually responsive while avoiding monotonous or overpowering institutional
appearance, particularly for block-scale or larger
developments (source: MTS Design Guidelines H-1).
1.1 Primary Building Type. Each site shall have only one primary building type, except as follows.
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A. More than one building type is allowed on a parcel
that identifies proposed multiple design site lines
meeting the setback standards of the zone.
Examples
(1) A parcel large enough to accommodate multiple
design sites but smaller than the size of a block;
or
(2) A parcel large enough to create one or more new
blocks.
1.2 On-site open space. These standards apply in addition to the landscape standards of Section 18.50.030 (B) 2.
Open space configurations vary by building type as
specified in this section.
1.3 Parking. Parking quantity shall comply with MSMC
Chapter 15. 44 and Section 18.50.010 (B)3 of this
chapter. Parking configurations vary (tuck-under,
detached garage(s), podium or subterranean) by
building type as specified in this section.
1.4 Building Wings. Wings are required to be smaller in size and height than the main body to visually reduce
the overall size of a building. To further this objective, the standards specify the amount that wings are
required to be offset from the main body so that their
facades are not aligned. Wings may be the same
number of stories and height as the main body when a
density bonus is applied to the building.
1.5 Building and Fire Code. New buildings and their
improvements are subject to the City’s standards for
Fire Safety and Building Safety.
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2. PERMITTED BUILDING TYPES. Table A identifies the building types permitted in each zoning district.
Table 18.50.020 Table A – Permitted Building Types
Building Type
Standards
Section R1 R2 R3
Duplex
Side-by-side
18.50.040
(B) 3.
Duplex Stacked 18.50.040
(B) 4.
Three/Fourplex 18.50.040
(B) 5.
Neighborhood
Townhouse
18.50.040
(B) 6.
Cottage Court 18.50.040
(B) 7.
Pocket
Neighborhood
18.50.040
(B) 8.
Multiplex 18.50.040
(B) 9.
Neighborhood
Courtyard
18.50.040
(B) 10.
Main Street
Building
18.50.040
(B) 11.
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3. DUPLEX: SIDE-BY-SIDE
3.1 Description. A small-sized, detached, House-Scale Building with small-to-medium setbacks and a rear setback. The
building consists of two side-by-side units, both facing the street and within a single Building massing. The type has the appearance of a medium-to-large, single-unit house and is scaled to fit within lower-intensity neighborhoods.
3.2 Number of Units. Units per site – 1. Units per building – 2.
3.3 Building Size & Massing. Refer to the standards by design element on the following page.
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Key Design Element
Standard
Building Height
Refer to
Chapter
18.16 Main Body
(A) Width
48’ max
(B) Depth
36’ max
Wing(s)
(C) Width
15’ max
(D) Depth
24’ max
Separation
15’ min
(E) Offset
5’ min
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3.4 Pedestrian Access (E). Main entrance shall be covered and face the street. On a corner site, each unit shall face a different street.
3.5 Vehicle Access & Parking (F). Provision of parking shall comply with Section 18.50.030 (B)4. Parking location shall be to rear of the site and configured as covered or uncovered.
3.6 Open Space. Minimum – 400 sf. Width – 20’ min (G). Depth – 20’ min (H). May be Private or Common Open Space with an all-weather surface accessible from an entrance of each unit.
3.7 Massing Composition. Following, are the allowed massing standards that apply to the Main Body. Roof form may be gable, hipped or shed. Multiple bays allowed.
A. Front (A). End of roof form oriented to front.
B. Side (B). Side of roof form oriented to front.
C. Multiple (C-E). Either front or side orientation allowed.
Variable massing proportion allowed.
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3.8 Balconies & Porches. Balconies and covered entry porches must be provided on dwelling units facing a street.
3.9 Windows. Ground floor windows must cover 40% of the ground floor wall area of facades facing a street.
(A) (B) (C)
(D) (E)
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4. DUPLEX: STACKED
4.1 Description. A small-sized, detached, House-Scale Building with small-to-medium setbacks and a rear setback. The
building consists of two stacked units, both facing the street and within a single building massing. The type has the
appearance of a medium-to-large, single-unit house and is scaled to fit within lower-intensity neighborhoods.
4.2 Number of Units. Units per site – 2. Buildings per Design Site – 1 max.
4.3 Building Size & Massing. Refer to the standards by design element on the following page.
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Key Design Element
Standard
Building Height
Refer to
Chapter
18.16 Main Body
(A) Width
48’ max
(B) Depth
36’ max
Wing(s)
(C) Width
15’ max
(D) Depth
24’ max
Separation
15’ min
Offset
5’ min
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4.4 Pedestrian Access (E). Each unit shall have an entry facing the street on or within 15’ of the front façade. On corner design sites, each unit shall front a different street.
4.5 Vehicle Access & Parking (F). Driveway and parking location shall comply with standards in 18.50.030 (B)4. Parking may be covered, uncovered or in a garage.
4.6 Open Space. Minimum – 225 sf. Width – 15’ min (G). Depth – 15’ min (H). Sall be Common Open Space with an all-weather surface accessible from an entrance of each unit.
4.7 Massing Composition. Following, are the allowed massing standards that apply to the Main Body. Roof form may be gable, hipped or shed. Multiple bays allowed.
A. Front (A). End of roof form oriented to front.
B. Side (B). Side of roof form oriented to front.
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C. Multiple (C-E). Either front or side orientation allowed.
Variable massing proportion allowed.
4.8 Balconies. Balconies and covered entry porches must be provided on dwelling units facing a street.
4.9 Windows. Ground floor windows must cover 40% of
the ground floor wall area of facades facing a street.
(A) (B) (C)
(D) (E)
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5. THREE/FOURPLEX
5.1 Description. A small-to-medium-sized, detached, HouseScale Building that consists of three to four side-by-side and/or stacked units, typically with one shared entry or individual entries along the front. The type has the appearance of a medium-sized, single-unit house and is scaled to fit within low- to moderate-intensity neighborhoods.
5.2 Number of Units. Units per building – 4 max. Buildings per Design Site – 1 max.
5.3 Building Size & Massing. Refer to the standards by design element on the following page.
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Key Design Element
Standard
Building Height
Refer to
Chapter 18.16
Main Body
(A) Width 48’ max
(B) Depth 48’ max
Wing(s)
(C) Width 15’ max
(D) Depth 20’ max
Separation 15’ min
Offset from Main
Body
5’ min
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5.4 Pedestrian Access. Main entrance shall be oriented to front street (E). Each unit may have an individual entrance.
5.5 Vehicle Access & Parking (F). Driveway and parking location shall comply with standards in 18.50.030 (B)4. Parking may be covered, uncovered or in a garage.
5.6 Open Space. Minimum – 225 SF. Width – 15’ min (G). Depth – 15’ min (H). Shall be common open space with an all-weather surface accessible from the nearest public right-of-way.
5.7 Massing Composition. Following, are the allowed massing standards that apply to the Main Body. Roof form may be gable, hipped or shed. Multiple bays allowed.
A. Front (A). End of roof form oriented to front.
B. Side (B). Side of roof form oriented to front.
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C. Multiple (C). Either front or side orientation allowed.
Variable massing proportion allowed.
5.8 Balconies. Balconies and covered entry porches must be provided on dwelling units facing a street.
5.9 Windows. Ground floor windows must cover 40% of the ground floor wall area of facades facing a street.
(A) (B) (C)
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6. NEIGHBORHOOD TOWNHOUSE
6.1 Description. Neighborhood Townhouse. A small-to-medium sized, typically attached, Rowhouse-Scale Building (up to five units side-by-side) with a rear setback. Each Neighborhood Townhouse consists of one unit. The type may also be
detached with minimal separations between buildings. The type is typically located within low-to-moderate-intensity neighborhoods.
6.2 Number of Units. Up to 5 units side-by-side. Buildings per Design Site – 1 max.
6.3 Building Size & Massing. Refer to the standards by design element on the following page.
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Key Design Element
Standard
Building Height
Refer to Chapter
18.16 Main Body
(A) Width
24’ max
(B) Depth
30’ max
Wing(s)
(C) Width
14’ max
(D) Depth
25’ max
Separation
15’ min
Offset
5’ min
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6.4 Pedestrian Access (E). Main entrance shall be oriented to front street. Each unit shall have an individual
entrance.
6.5 Vehicle Access & Parking (F). Driveway and parking
location shall comply with standards in 18.50.030 (B)4.
Parking may be covered, uncovered or in a garage.
6.6 Open Space (G). Minimum – 96 SF. Width – 12’ min.
Depth – 8’ min. Shall be private open space with an allweather surface accessible from each unit.
6.7 Massing Composition. Following, are the allowed
massing standards that apply to the Main Body. Roof
form may be gable, hipped or shed. Multiple bays
allowed.
A. Front (A). End of roof form oriented to front.
B. Side (B). Side of roof form oriented to front.
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C. Multiple (C). Either front or side orientation
allowed. Variable massing proportion allowed.
6.8 Balconies. Balconies and covered entry porches must be provided on dwelling units facing a street.
6.9 Windows. Ground floor windows must cover 40% of
the ground floor wall area of facades facing a street.
(A) (B) (C)
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7. COTTAGE COURT
7.1 Description. A group of up to nine small, detached, HouseScale Buildings arranged to define a shared court open to and visible from the street. The shared court is common open space and takes the place of a private rear setback, thus becoming an important community-engaged place. The type is scaled to fit within low-to-moderate-intensity neighborhoods and in small-scale mixed-use contexts.
7.2 Number of Units. Units per building – 1. Buildings per Design Site – 9 max.
7.3 Building Size & Massing. Refer to the standards by design element on the following page.
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Key Design Element Standard
Building Height
Refer to
Chapter 18.16
Main Body
(A) Width
32’ max
(B) Depth
32’ max
(C)
Separation
between
cottages
7’ min
Wing(s)
Not Allowed
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7.4 Pedestrian Access. Shared court shall be accessible from front street (D). Building entrance setback from pedestrian path shall be 6’ minimum (E).
7.5 Vehicle Access & Parking (F). Driveway and parking location shall comply with standards in 18.50.030 (B)4. Parking may be covered, uncovered or in a garage. Spaces may be individually accessible by each unit and/or clustered at rear of site.
7.6 Open Space. Minimum – 1,500 SF. Width – 20’ min (G). Depth – 75’ min (H). Shall be common open space with an allweather surface accessible from entrance of each unit. Up to 1/3 of the shared court(s) may be used for stormwater
management if designed as a rain garden or bioswale.
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7.7 Massing Composition. Following, are the allowed massing standards that apply to the Main Body. Roof form may be gable, hipped or shed. Multiple bays allowed.
A. Front (A). End of roof form oriented to front.
B. Side (B). Side of roof form oriented to front.
C. Multiple (C). Either front or side orientation allowed.
Variable massing proportion allowed.
7.8 Windows. Ground floor windows must cover 40% of the ground floor wall area of facades facing a street.
(A) (B) (C)
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8. POCKET NEIGHBORHOOD
8.1 Description. A group of 5 to 10 detached, House-Scale Buildings each containing one to four units, arranged to define a shared open space. The shared open space is common open space and takes the place of a private rear setback. The type is scaled to fit within low-to-moderate intensity neighborhoods.
8.2 Number of Units. Units per Building – 4 max. Buildings per Design Site – 10 max.
8.3 Building Size & Massing. Refer to the standards by design element on the following page.
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Key Design Element Standard
Building Height
Refer to
Chapter 18.16
Buildings along Front &
Side Street
(A) Width
60’ max
(B) Depth
40’ max
Buildings along Side &
Rear
(C) Width
36’ max
(D) Depth
48’ max
(E)
Side Setback in
Addition to
Zoning District
5’ min
Building Separation
(F) Between 1-
story Buildings
10’ min
Between
Buildings > 1-
story
15’ min
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8.4 Pedestrian Access. Main entrance (G): buildings with 1 unit – oriented to common open space. Buildings with 2 or more units (H) – at least one entrance oriented to front or side street.
Pedestrian path width along buildings & open space (I) – 5’ min; at front or side street connection (J) – 10’ min. Pedestrian path setback from building entrance (K) – 12’ min; from side of building (L) – 8’ min.
8.5 Vehicle Access & Parking. Driveway and parking location shall comply with standards in 18.50.030 (B)4. Parking may be covered, uncovered or in a garage. Parking shall be offset from buildings (M) – 5’ min. Parking prohibited abutting private or common open space.
8.6 Open Space. Private open space (N) shall be provided for full length of building facades abutting pedestrian path or
common open space. Common open space shall be provided
Width (O) – 30’ min. Depth (P) – 40’ min.
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8.7 Massing Composition. Following, are the allowed massing standards that apply to the Main Body. Roof form may be gable, hipped or shed. Multiple bays allowed.
A. Front (A). End of roof form oriented to front.
B. Side (B). Side of roof form oriented to front.
C. Multiple (C). Either front or side orientation allowed.
Variable massing proportion allowed.
8.8 Balconies. Balconies and covered entry porches must be provided on dwelling units facing a street.
8.9 Windows. Ground floor windows must cover 40% of the ground floor wall area of facades facing a street.
(A) (B) (C)
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9. MULTIPLEX
9.1 Description. A medium-to-large-sized, detached, HouseScale Building that consists of 5 to 12 side-by-side and/or stacked units, typically with one shared entry. The type is scaled to fit within moderate-intensity neighborhoods.
9.2 Number of Units. Units per Building – 12 max. Buildings per Design Site – 1 max.
9.3 Building Size & Massing. Refer to the standards by design element on the following page.
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Key Design Element Standard
Building Height
Refer to Zoning
District
(Chapter 18.16)
Main Body
(A) Width
60’ max
(B) Depth
60’ max
Wing(s)
(C) Width
24’ max
(D) Depth
40’ max
Separation
between wings
15’ min
Offset from
Main Body
5’ min
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9.4 Pedestrian Access (E). Main entrance location shall be oriented to front street. Units in the main body shall be accessed by common entry along front street. On corner sites, units in a wing may enter from the side street.
9.5 Vehicle Access & Parking (F). Driveway and parking location shall comply with standards in 18.50.030 (B)4. Parking may be covered, uncovered or in a garage.
9.6 Open Space. Common or private open space is not required.
9.7 Massing Composition. Following, are the allowed massing standards that apply to the Main Body. Roof form may be gable, hipped or shed. Multiple bays allowed.
A. Side. This massing type is a simple rectilinear form that is longer than it is deep.
B. Front. This massing type divides the facade into three equal parts.
C. L. This massing type divides the facade into five equal parts, with two parts projecting and three parts set back to create a shallow forecourt.
D. Center. This massing type divides the facade into three equal parts, with the middle third projecting.
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E. Twin. This massing type divides the facade into three parts, with the middle part set back slightly to create a shallow open space.
9.8 Balconies. Balconies and covered entry porches must be provided on dwelling units facing a street.
9.9 Windows. Ground floor windows must cover 40% of the ground floor wall area of facades facing a street.
(A) (B) (C)
(D) (E)
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10. NEIGHBORHOOD COURTYARD
10.1 Description. A medium-to-large sized building that consists of up to 16 multiple attached and/or stacked units, accessed from a shared courtyard. The shared court is common open space and takes the place of a rear setback. The type is typically integrated as transitional density between moderateto high-intensity neighborhoods.
10.2 Number of Units. Units per Building – 16 max. Buildings per Design Site – 1 max.
10.3 Building Size & Massing. Refer to the objective standards by design element on the following page.
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Key Design Element Standard
Building Height
Refer to Zoning
District (Chapter
18.16)
Main Body
(A) Width
100’ max
(B) Depth
100’ max
Wing(s)
Not Allowed
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10.4 Pedestrian Access (C). Main entrance shall be oriented to courtyard or front street. Each ground floor unit shall have an individual entrance oriented to courtyard or any street.
10.5 Vehicle Access & Parking (D). Driveway and parking location shall comply with standards in 18.50.030 (B)4. Parking may be covered, uncovered or in a garage.
10.6 Open Space. Minimum – 1,500 SF. Width (E) – 25’ min. Depth (F) – 60’ min. Shall be common open space with an all-weather surface accessible from each unit.
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10.7 Massing Composition. Following, are the allowed massing standards that apply to the Main Body. Roof form may be gable, hipped or shed. Multiple bays allowed.
A. U-Shaped (A). Façade is divided into three parts
forming a ‘U’ in plan.
B. L-Shaped (B). Façade is divided into two parts forming an ‘L’ in plan.
10.8 Balconies. Balconies and covered entry porches must be provided on dwelling units facing a street.
10.9 Windows. Ground floor windows must cover 40% of the ground floor wall area of facades facing a street.
(A) (B)
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11. MAIN STREET BUILDING
11.1 Description. A medium-to-large sized, Block-Scale
Building. The type is intended to provide a vertical mix of uses with ground-floor retail, office, or service uses and upper-floor service or residential uses. The type
makes up the primary component of high-intensity
neighborhoods and downtown main streets.
11.2 Number of Units. Units per building – unrestricted.
Buildings per site – 1 max.
11.3 Building Size & Massing. Refer to the objective
standards by design element on the following page.
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Key Design Element Standard
Building Height
Refer to Zoning
District (Chapter
18.16)
Main Body
(A) Width
100’ max
(B) Depth
90’ max
Wing(s)
Not Allowed
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11.4 Pedestrian Access. Main entrance location shall be oriented to front or side street. Upper floor units shall be accessed by a common entry from the front or side
street (C). Ground floor shops and residential units
shall have individual entries on the front or side street (D).
11.5 Vehicle Access & Parking (E). Driveway and parking location shall comply with standards in 18.50.030 (B)4.
Parking may be covered, uncovered or in a garage.
11.6 Open Space. Common or private open space is not
required.
11.7 Massing Composition. Following, are the allowed
massing standards that apply to the Main Body. Roof
form may be gable, hipped, shed or flat. Multiple bays
allowed.
A. Flat Box (A). This massing type is a simple
rectilinear form that is deeper than it is long.
B. Flat Bar (B). This massing type is a simple
rectilinear form that is longer than it is deep.
C. Flat L (C). This massing type divides the facade
into five equal parts, with two parts projecting
and three parts set back to create a shallow
forecourt.
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D. Flat T (D). This massing type divides the facade
into three equal parts, with the middle third
projecting.
E. Flat Forecourt (E). This massing type divides the
facade into three parts, with the middle part set
back slightly to create a shallow open space.
F. Flat Courtyard (F). This massing type divides the
facade into three parts, with the middle part set
back substantially to create a deep open space.
11.8 Balconies. Balconies must be provided on 75 percent of the dwelling units facing a street.
11.9 Windows. Ground floor windows must cover 60% of
the ground floor wall area of facades facing a street.
(A) (B) (C)
(D) (E) (F)
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1 ATTACHMENT D
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 12, 2024
Todd Juhasz, City Manager
City of Mount Shasta
305 North Mount Shasta Boulevard
Mt. Shasta, California 96067
Dear Todd Juhasz:
RE: City of Mount Shasta’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the City of Mount Shasta’s (City) housing element that was adopted January 8, 2024 and received for review on January 12, 2024. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Mount Shasta Tomorrow and Peggy Risch, pursuant to Government Code Section 65585, subdivision (c).
The adopted element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq), as follows:
1. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
The element includes data and a general discussion of housing challenges faced by special-needs households. However, given the unique and disproportionate housing needs of extremely low-income (ELI) households, the element must include analysis to better formulate policies and programs. For example, the element could analyze trends, cost burden, overcrowding and other household characteristics then examine the effectiveness of policies and resources to determine gaps in housing needs. The element should add or modify programs based on the outcomes of a complete analysis.
2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and City Council Regular Meeting August 12, 2024 126
2 for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… … the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584.. (Gov. Code, § 65583, subd. (a)(6).)
Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities... (Gov. Code, § 65583, subd. (c)(3).) Length of Time between Approval and Request for Building Permits: While the element now discusses requests to develop housing at densities below those identified in the inventory, it still should analyze the typical length of time between receiving approval for a housing development and submittal of an application for building permits. The analysis should address any hinderances on the construction of a locality’s share of the regional housing need and programs should be added or modified as appropriate.
Program HO-2.3.4 (Streamlined Multifamily Approval): The element (p. A-90) acknowledges the conditional use permit (CUP) requirement for multifamily is a constraint on market rate and affordable multifamily development. In response, Program HO-2.3.4 proposes to permit multifamily without discretionary action.
However, the Program is limited to qualifying housing development and instead should address the CUP requirements as a constraint for all multifamily development. For example, the Program could commit to permit all multifamily development without discretionary action or could commit to permit nonqualifying multifamily development with a site plan review.
3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).) Program HO-2.2.1 (Support Affordable Housing): The Program should include proactive outreach to affordable housing developers to identify development opportunities at least every other year.
City Council Regular Meeting August 12, 2024 127
3 4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics… (Gov. Code, § 65583, subd. (c)(5).) The element generally was not revised to address this requirement. As noted in the prior review, programs to affirmatively further fair housing (AFFH) must include numeric objectives that beneficial impacts for people, households, and neighborhoods (e.g., number of people or households assisted, number of housing units built, number of parks or infrastructure projects completed).
Second, the element must include additional actions to promote housing mobility (more housing choices and affordability throughout the City) and place-based strategies toward community revitalization. Examples of housing mobility strategies include promoting more housing choices and affordability in lower density areas such as increasing higher density capacity, facilitating multifamily on religious institutional sites, utilizing publicly owned sites, allowing conversion of existing single-family space and home sharing. Examples of place-based strategies include neighborhood improvements such as infrastructure, streetscapes, active transportation, safe routes to school, parks, community amenities and programs. Please see HCD’s prior review for additional information.
The element will meet the statutory requirements of State Housing Element Law once it has been revised, adopted, submitted, and reviewed by HCD to comply with the above requirements pursuant to Government Code section 65585.
As a reminder, the City’s 6th cycle housing element was due February 15, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill City Council Regular Meeting August 12, 2024 128
4 (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Shawn Danino, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
City Council Regular Meeting August 12, 2024 129
5 HCD Ltr
Item # HCD Comment Mt. Shasta Response On or Near Page #(s) 1 Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households.
Given the unique and disproportionate
housing needs of extremely lowincome (ELI) households, the element must include analysis to better
formulate policies and programs.
Discussion added, see App A, sec. 5.1.7. More
specifically, estimated ELI households based on
current and historic CHAS ELI estimates.
Reporting of ELI tenure, including trends; also,
ELI housing problems for overpayment,
overcrowding, and other housing problems.
Reviewed housing solutions for ELI households,
including local and regional conditions that also
contribute to housing issues for ELI. Reviewed
existing housing resources. Evaluated and
identified housing element programs in Chapter
2 and the AFFH Action Plan that address the
unique needs of ELI households.
Appendix A, page A-58 to
A-67
2 An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedure.
An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… … the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need.
Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
Length of Time between Approval and
Request for Building Permits: analyze
the typical length of time between
receiving approval for a housing
development and submittal of an
application for building permits. The
analysis should address any
hinderances on the construction of a
locality’s share of the regional housing
need and programs should be added
or modified as appropriate.
Under new procedures, pursuant to revised
Program HO-2.3.4, the City will no longer
require separate Planning entitlements and
building entitlements. At time of publication of
this document, Objective Design Standards are
under public review at Planning Commission (4
hearings) and anticipated to be adopted by City
Council in Q3 of 2024. All multifamily
development will be reviewed for compliance
with Objective Design Standards concurrently
with Building Permit submission. Section 7.8
narrative and Table A-62 have been revised
accordingly.
Appendix A, page A-98 –
A-99
Program HO-2.3.4 (Streamlined
Multifamily Approval): The element (p.
A-90) acknowledges the conditional
use permit (CUP) requirement for
multifamily is a constraint on market
rate and affordable multifamily
development. In response, Program
HO-2.3.4 proposes to permit
multifamily without discretionary
action. However, the Program is
limited to qualifying housing
development and instead should
address the CUP requirements as a
constraint for all multifamily
development.
Program HO-2.3.4 Zoning Updates for
Multifamily Housing Development has been
revised to eliminate Conditional Use Permit
requirements for all multifamily development in
R-3, C-1 and C-2 Zones.
Chapter 2, page 2-7
3 The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households.
HCD COMMENTS - CITY RESPONSE MATRIX
City Council Regular Meeting August 12, 2024 130
6 HCD Ltr
Item # HCD Comment Mt. Shasta Response On or Near Page #(s) Program HO-2.2.1 (Support Affordable
Housing): The Program should include
proactive outreach to affordable
housing developers to identify
development opportunities at least
every other year.
Program HO-2.2.1 has been modified as
recommended.
Chapter 2, page 2-6
4 Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristic
Programs to affirmatively further fair
housing (AFFH) must include numeric
objectives that beneficial impacts for
people, households, and
neighborhoods.
Mt. Shasta’s Housing Element that was adopted
Jan. 8, 2024 includes AFFH Housing Action
Plan, Table A-68 in Appendix A. The AFFH
Housing Action Plan includes columns titled,
and content that responds to this comment,
“Geographic Targeting” and “2023-2031
Outcomes”. The “2023-2031 Outcomes”
describes and specifies the numeric objectives
for each AFFH program.
Furthermore, Program HO-7.12, in Chapter 2,
expressly incorporates the AFFH Housing
Action Plan in Appendix A, and commits the City
to implementing the AFFH Housing Action Plan.
Note: in the Housing Element adopted Jan. 8,
2024, the AFFH Housing Action Plan was Table
A-63. Due to other revisions in Appendix A (see
discussion under #1 above), it is now Table A68. This number change does not lessen or diminish the intent of Program HO-7.1.2 to
implement the AFFH Housing Action Plan.
The AFFH Housing Action
Plan, Table A-68, begins in
Appendix A, page A-121
and continues through
page A-128.
Include additional actions to promote
housing mobility (more housing
choices and affordability throughout
the City) and place-based strategies
toward community revitalization.
To Program B of the AFFH Housing Action
Plan, which is “Improve the Access and
Availability Long Term Rental Housing”, the
development of a home sharing program in
collaboration with other localities has been
added. Actions in the Housing Element adopted
Jan. 8, 2024 already included:
The development of a program to connect
lower income households with affordable rental
and ownership.
Working with the Shasta County Housing
Authorities, et al, to increase the availability of
housing vouchers.
Developing toolkits for J/ADUs, SB 9, and SB
10 housing to facility property owner
implementation.
Creating an inventory City- and publicly owned
land within city limits that is appropriate for
residential development.
To facility community revitalization, added:
Program G, “Increase investment in community
amenities” and Program H, Continue Investment
for the Future Redevelopment of the Landing.
The AFFH Housing Action
Plan, Table A-68, begins in
Appendix A, page A-121
and continues through
page A-128.
HCD COMMENTS - CITY RESPONSE MATRIX
City Council Regular Meeting August 12, 2024 131
CITY OF MT. SHASTA
STAFF REPORT
TO: City Council
FROM: Jeff Mitchem, Planning Director
DATE: August 12, 2024
SUBJECT: Municipal Code Amendments Mt Shasta Municipal Code Chapters 5.50 and 18.21
DESCRIPTION
Consideration of an Ordinance (Attachment A) amending Mt Shasta Municipal Code Chapter
5.50 to prohibit Short-term Rentals in R-2 and R-3 zoning districts (Short-term Rentals are currently prohibited in R-1) and Registration Certificate Requirements and amending MSMC Chapter 18 to revise the definition of Bed and Breakfasts clarifying provisions related to serving of meals.
RECOMMENDATION
Conduct a Public Hearing and introduce the attached draft Ordinances and waive their reading, finding that the action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
BACKGROUND/SUMMARY
On February 13, 2023, City Council adopted Ordinance CCO-23-01 regulating Short Term Rentals. That ordinance prohibited STRs in R-1 Zoning Districts and capped existing STR licenses in R-2 and R-3 Zoning Districts at 19. While the ordinance allowed STRs in R-2 and R-3 with a Conditional Use Permit, it established a cap of 19 that would reduce over time in the event STRs were sold. This ordinance amendment clarifies Council’s intent for the cap by stipulating that should an STR sell, the new buyer will have an option of acquiring a short-term rental license for that location within 30 days and if the new buyer fails to do so, that license will cease to exist and no new license will be issued. At the time of publication of this Staff Report, the total existing STR permits in R zones were 16 – six (6) in R-2 and ten (10) in R-3 – that are now considered legalnonconforming. As those legal nonconforming sunset over time, the surplus permit availability will limited to commercial zones only limited by the total city-wide cap of 3% of total housing units (per MSMC 5.50040 (B), which remains unchanged).
Accordingly, recommended revisions to the MSMC are summarized as follows (underline text = additions; strikethrough text = deletions):
MSMC Chapter 5.50
Section 5.50.030. Revision to prohibit STRs in R-2 and R-3 Zoning Districts. Note that STRs are currently prohibited in R-1 zones.
(C) Prohibited Short-Term Rentals. Short-term rentals are prohibited in R-1, R-2 and R-3 City Council Regular Meeting August 12, 2024 132
zones. A structure or property with a recorded covenant, deed restriction, or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short-term rentals are prohibited, shall not be used for shortterm rentals. Short-term rentals are prohibited in structures not intended for residential occupancy under the California Building Code Standards and this code.
Section 5.50.040 Registration Certificate Requirements. Addition the following in order to convey zones in which STRs are permissible, to provide greater abatement authority for non-compliance and clarify submittal requirements. (A) Annual Registration Required. Short-term rental permits shall be renewed annually, and separate permits are required for each short-term rental site. The permit requirements for short-term rentals are set forth below. The issuance of any permit pursuant to this article does not relieve the owner of the obligation to comply with the other provisions of this code pertaining to the use and occupancy of the short-term rental or to the property in which it is located. Short-term rentals are allowed in C1 and C2 zones only. and within R2 and R3 zones conditionally permitted (use permit approval required), that allow residential use with approval of a short-term rental permit. No more than two short-term rental permits shall be issued to any owner for short-term rentals. (C) Compliance. Short-Term Rentals shall comply with all provisions of this Chapter prior to issuance of a permit to operate. Any STR not in operation or current with license and tax payments for a period of 6 months or more shall be subject to permit revocation at the discretion of the City Planner.
(G) Term and Scope of Certificate. A Short-Term Rental Permit issued under this chapter shall expire at the end of the fiscal year for which it is issued, unless revoked or suspended earlier. The permit authorizes the Operator to operate the Short-Term Rental only in accordance with the terms and conditions of the permit. Subject to the provisions of Section 5.50.050 herein, a permit will be renewed if prior to expiration the following is provided: updated application information including floor plan (if changes have occurred), new certifications (fire self-certification form) and acknowledgments required in Subsections F. 8 and F .10. above, and payment of the registration fee. Renewal applications may be submitted commencing on July 1st of each year. Renewals received after July 31st and the advertisement or operation of a Short-Term Rental for which a renewed permit has not been received shall constitute a violation of this chapter.
Section 5.50.080 Changes in ownership. Addition of the following text to clarify non-compliance implications.
Permits issued for short-term rentals do not provide a vested interest in or entitlement to the continued operation of a short-term rental upon a change of ownership. The new owner of a property for which a short-term rental permit has been issued shall notify the City upon a change of ownership of the short-term rental. Short-term rental permits for short-term rentals shall not run with the land and shall expire upon any partial or complete transfer of ownership of a short-term rental unless the new owner files for a short-term rental permit within 30 days of purchase. New owners of a formerly permitted short-term rental will be offered the first right of refusal on a new short-term rental permit. (Ord. CCO-23-01, 2023) If no permit is acquired within 30 days of purchase, the property will cease operation as a short-term rental, any valid short-term rental permit shall be deemed null and void, and no new permit shall be issued.
MSMC Chapters 18.08 and 18.21
Sections 18.08.135 and 18.21.020 Definition of “Bed and Breakfast”. Revision of the definition to clarify regulations related to provision of breakfast meals.
City Council Regular Meeting August 12, 2024 133
“Bed and breakfast” or “B and B” inns and facilities means the rental of rooms or space within a new or existing structure for the purpose of providing overnight accommodations for paying guests, with serving not more than one breakfast to be provided daily, with the entire service offered to be included in one stated price. No breakfasts may be served to persons who are not also renters, except for those persons who are nonpaying personal guests of the occupying owner/manager of the B and B inn or facility.
ENVIRONMENTAL REVIEW
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENTS:
A. Ordinance of the City Council of the City of Mt Shasta Amending Municipal Code Chapters 5.50, 18.08 and 18.21
City Council Regular Meeting August 12, 2024 134
ORDINANCE CCO-24-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT SHASTA
AMENDING MUNICIPAL CODE CHAPTERS 5.50, 18.08 AND 18.21
WHEREAS, on February 13, 2023, the City Council adopted Ordinance CCO-23-01 regulating Short Term Rentals (STRs); and
WHEREAS, at that time, City Council unanimously requested the following clarifying comments be included in the administrative record regarding short-term rentals in residential zones: “Existing licenses in residential zones (R-2 and R-3) will be frozen at the current 19 (nineteen). If one of these properties changes hands, the new buyer will have an option of acquiring a short-term rental license for that location within a certain period of time. If the new buyer does not do so, that license will cease to exist and no new license will be issued”; and
WHEREAS, the new ordinance was implemented in March of 2023; and WHEREAS, these draft amendments explicitly convey City Council intent to further regulate STRs in R2 and R-3 zoning districts; and WHEREAS, the draft amendments were released to the public for review on the City’s website and published in the Mt Shasta Herald on July 31, 2024; and WHEREAS, on August 12, 2024, the City Council discussed amendments to the Short-Term Rental Ordinance; and
WHEREAS, during its review, the City Council considered the public record, including the staff report, findings, and any written materials and testimony presented by the public during the hearing; and WHEREAS, to ensure public health and safety, the City Council does desire to enact the following regulations related to mobile food vending.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Mt. Shasta does amend the Mt. Shasta Municipal Code Section 5.50.030, Section 5.50.040, Section 5.50.080, Section 18.08.135 and Section 18.21.020 to read as follows:
MSMC Chapter 5.50
Section 5.50.030 Prohibitions
(C) Prohibited Short-Term Rentals. Short-term rentals are prohibited in R-1, R-2 and R-3 zones. A structure or property with a recorded covenant, deed restriction, or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short-term rentals are prohibited, shall not be used for short-term rentals. Short-term rentals are prohibited in structures not intended for residential occupancy under the California Building Code Standards and this code.
Section 5.50.040 Registration certificate requirements. (A) Annual Registration Required. Short-term rental permits shall be renewed annually, and separate permits are required for each short-term rental site. The permit requirements for shortterm rentals are set forth below. The issuance of any permit pursuant to this article does not relieve the owner of the obligation to comply with the other provisions of this code pertaining City Council Regular
to the use and occupancy of the short
Meeting August 12, 2024 -term rental or to the property in which it is located. Short135 - term rentals are allowed in C1 and C2 zones only. and within R2 and R3 zones conditionally permitted (use permit approval required), that allow residential use with approval of a shortterm rental permit. No more than two short-term rental permits shall be issued to any owner for short-term rentals.
(C) Short-Term Rentals shall comply with all provisions of this Chapter prior to issuance of a permit to operate. Any STR not in operation or current with license and tax payments for a period of 6 months or more shall be subject to permit revocation at the discretion of the City Planner. (G) Term and Scope of Certificate. A Short-Term Rental Permit issued under this chapter shall expire at the end of the fiscal year for which it is issued, unless revoked or suspended earlier. The permit authorizes the Operator to operate the Short-Term Rental only in accordance with the terms and conditions of the permit. Subject to the provisions of Section 5.50.050 herein, a permit will be renewed if prior to expiration the following is provided: updated application information including floor plan (if changes have occurred), new certifications (fire selfcertification form) and acknowledgments required in Subsections F. 8 and F .10. above, and payment of the registration fee. Renewal applications may be submitted commencing on July 1st of each year. Renewals received after July 31st and the advertisement or operation of a ShortTerm Rental for which a renewed permit has not been received shall constitute a violation of this chapter.
Section 5.50.080 Changes in ownership.
Permits issued for short-term rentals do not provide a vested interest in or entitlement to the continued operation of a short-term rental upon a change of ownership. The new owner of a property for which a short-term rental permit has been issued shall notify the City upon a change of ownership of the short-term rental. Short-term rental permits for short-term rentals shall not run with the land and shall expire upon any partial or complete transfer of ownership of a short-term rental unless the new owner files for a short-term rental permit within 30 days of purchase. New owners of a formerly permitted short-term rental will be offered the first right of refusal on a new short-term rental permit. (Ord. CCO-23-01, 2023) If no permit is acquired within 30 days of purchase, the property will cease operation as a short-term rental, any valid short-term rental permit shall be deemed null and void, and no new permit shall be issued.
MSMC Chapters 18.08 and 18.21
Sections 18.08.135 and 18.21.020 Definition of “Bed and Breakfast”. “Bed and breakfast” or “B and B” inns and facilities means the rental of rooms or space within a new or existing structure for the purpose of providing overnight accommodations for paying guests, with serving not more than one breakfast to be provided daily, with the entire service offered to be included in one stated price. No breakfasts may be served to persons who are not also renters, except for those persons who are nonpaying personal guests of the occupying owner/manager of the B and B inn or facility.
The foregoing Ordinance was adopted at the regular meeting of the City Council of Mt Shasta held on this XX day of August 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
City Council Regular Meeting August 12, 2024 136
ATTEST: CITY OF MT SHASTA
Kathryn M Joyce, Deputy City Clerk John Stackfleth, Mayor FORM APPROVED:
John Sullivan Kenny, City Attorney
CERTIFICATION
I HEREBY CERTIFY that the foregoing Ordinance CCO-24-XX was introduced, by title only, at a regular meeting of the Mt Shasta City Council on the ___ day of ____, 2024, and was adopted at a regular meeting of said Council on the ___ day of ____, 2024.
Kathryn M Joyce, Deputy City Clerk
City Council Regular Meeting August 12, 2024 137
City Council Agenda Item #11
Staff Report
Meeting Date: 8/12/2024
To: Mayor and City Council
From: Todd Juhasz, City Manager
Subject: Hiring an Engineering Company
Recommended Action: Staff recommends hiring Blair, Church, and Flynn to complete an engineer’s map and survey documents as required to form an Enhanced Infrastructure Finance District (EIFD) Background:
As was discussed at previous Council meetings there are several tasks that need to be completed by the City in order for the State to certify an EIFD. Two of which include the production of an engineer’s map and survey documents.
The City received responses from two firms that included cost estimates of the work:
1. PACE Engineering estimated the work to cost between $12,000 and $16,000
2. Blair, Church, and Flynn, a firm in the Northstate that Kosmont (EIFD Consultant) recommended. Their proposal for completion is $13,200.
While the proposals are close in price there are several reasons for the recommendation:
• PACE, because they aren’t familiar with the EIFD process, took a month and a half to produce a cost estimate. Blair, Church, and Flynn routinely work with cities seeking accreditation for the formation of an EIFD which means they are likely to produce work quickly and without the need for substantial revisions. Once receiving a request for proposal, they produced it within two days, which gives me confidence that they understand what is needed. The recommendation from Kosmont also informed the proposed award.
• While both are close in price, my experience with PACE is that the final bill will be closer to the higher end of their range.
X Regular
Consent
Closed
Presentation
City Council Regular Meeting August 12, 2024 138
From: Grant Maxwell
To: Todd Juhasz
Subject: COMS - EIFD
Date: Tuesday, July 30, 2024 2:36:17 PM
Attachments: image001.png
Good afternoon, Todd
We came up with a budgetary cost between $12K and $16K for the Enhanced Infrastructure Finance District Appendix A and B.
Let me know if you have any questions or if you need a proposal.
Thanks
Grant Maxwell, P.E.
SENIOR ENGINEER
PACE Engineering, Inc.
www.PaceEngineering.us
5155 Venture Parkway, Redding, CA 96002
Ph: 530.244.0202
City Council Regular Meeting August 12, 2024 139
Randell Scott West, PLS, Land Surveyor [email protected] 451 Clovis Ave, Suite 200 Clovis CA 93612 Tel (559) 326-1400 https://bcfeng-my.sharepoint.com/personal/dgarman_bcf-engr_com/Documents/Desktop/Kosmont Proposals/Shasta/Kosmont__Proposal.doc www.bcf-engr.com Clovis • Glendale • San Francisco
Joe Dieguez. July 25, 2024
Senior Vice President
Kosmont Companies
Subject: Professional Services Proposal
EIFD - City of Mount Shasta
Dear Joe:
Blair, Church & Flynn (BCF) is pleased to offer the following proposal for professional services.
The scope of work involves preparing an EIFD map and legal description up in the City of Mount Shasta, up in Siskiyou County CA.
Scope of Services
• Coordination w/ Client.
• Research of record documents for preparation of legal descriptions and plat. • Preparation of legal description.
• Preparation of plat.
• QA/QC by Project Manager (Land Surveyor).
• Respond to comments from State Board of Equalization and make necessary revisions. • Finalize documents as necessary.
BCF will provide these services for a lump sum amount of $13,200.
As soon as we are authorized to begin work, we will formally schedule resources. Please contact me directly at (559) 326-1400 when you are ready to proceed.
Best regards,
BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS
Randell Scott West, PLS
Project Manager
City Council Regular Meeting August 12, 2024 140