336 Pacific A ,cA93263
Meeting Held In-Person and YiaZoom and Livstream on YouTube AGENDA
SPECIAL JOINT MEETING
SHAF'TER CITY COUNCIL AND PLANNING COMMISSION
TUESDAY, OCTOBER 18, 2022
NOTICE TO THE PUBLIC:
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agendawill be made available in the City Clerk's Office during normal business hours at City Hall located at 336 Pacific Avenue, Shafter CA. In addition, such documents will be posted on the City's website at www.shafter.com.
TELECONFERENCE NOTICE
As emergency conditions persist in the City, specifically, a state of emergency remains in effect related to COVID-l9, community transmission of COVID-l9 in Kern County has rapidly increased from Low to High due to the highly contagious variants of COVID-I9, which has emerged, Kern County officials are imposing and recommending measures to promote social distancing, requires masking by all, regardless of vaccination status, in an effort to slow the continuously high trends in and level of transmission of COVID-19 throughout the State and Kern County. The City Council determine that the presence of COVID-l9 and the increase of cases due to the COVID variants will continue to cause conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and has affirmed a local emergency exists and re-ratified the proclamation of state of emergency by the Governor of the State of California. In compliance with AB 361, Brown Act public meetings will be conducted utilizing ZoomVideo Communications.
Remote public participation is allowed in the followins ways. please see attached supplement for instructions.
CALL TO ORDER: 4:00 p.m.
City Council
Planning Commission
1. 2.
I
2 ROLL CALL:
APPROVAL OF AGENDA:
City Council
Planning Commission
Mayor Prout
Mayor Pro Tem Givens
Council Member Alvarado
Council Member Espinoza
Council Member Lopez
Chairman Frantz
Vice Chairman Nunlist
Commissioner Olvera
Commissioner Sanchez
Commissioner Wiebe
1 Shafter City Council Agenda
October 18,2022
Page2
PUBLIC COMMENT:
This portion of the meeting is reservedfor persons wanting to address the Council only on matters listed on this agenda. Speakers are limited to five minutes unless additional time is needed for translation. Please state your name and address for the record before making your presentation.
MANAGEMENT REPORTS:
JOINT CITY COUNCIL AND PLANNING COMMISSION WORKSHOP:
Informational item only. No action taken. (City Manager Gonzalez) ADJOURNMENT:
Should anyone challenge any proposed action which is the subject of a public hearing listed on this agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Pursuant to the Americans with Disabilities Ac! ifyou need special assistance to participate in a City Council Meeting, please contact the City Clerk at (661) 746-5000 prior to the meeting or time when special services are needed to allow City staffin making reasonable arrangements to provide you with access to the meeting. Any public record, relating to an open session agenda item, that is distributed within 24 hours prior to the meeting is available for public inspection in the City Clerk's Office at Shafter City Hall, 336 Pacific Ave., Shafter,CA93263.
This is to certiSr that this Agenda notice was posted at City Hall and the Police Dept. by 5:00 p.m., October 14,2022. Yazminq Pallares, S/5, Cilv Clerk
Shafter City Council Agenda
October 78,2022
AGENDA SUPPLEMENT
SPECIAL JOINT MEETING
SHAF'TER CITY COUNCIL AND PLANNING COMMISSION
TUESDAY, OCTOBER 18, 2022
THE OCTOBER 18,2022 MEETING WILL BE CONDUCTED IN COMPLTANCE WITH AB 361
In order to minimize the spread of the COVID 19 virus, please do the following:
1. You are strongly encouraged to observe the City Council meetings live via YouTube h ://www
If you wish to make a comment on a specific agenda item or public comment, please submit your comment via email by 12:00 P.M. on Tuesdav. October 18,2022 to the City Clerk at com
2 J
4 If you wish to make a written comment to the City Clerk, 336 Pacific Avenue, Shafter, CA 93263.
If you wish to make a comment during the live meeting, callers must first register with the City Clerk at 661-746-5012 before the meeting begins to receive instructions and the callin number and code. Please call by 12:00pm on the day of the Council meeting to allow ample time for sign up. You will need to provide your name, phone number and the item number you wish to address.
All public comments are provided to the City Council and applicable Staff, for review and consideration by the Board prior to taking action on any matters listed on the agenda and are incorporated into the official record of the Council meeting.
The City of Shafter thanks you in advance for taking all precautions to prevent spreading the COVID 19 virus.
5 Shafter City Council Agenda
October 18,2022
336 Pacific Avenue, Shafter, CA93263
Meeting Held In-Person and YiaZoom and Livestream on YouTube.
NOTICE OF
SPECIAL MEETING OF THE SHAFTER CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Shafter will be held on Tuesday, October 18,2022. The meeting will convene at 4:00 p.m., in the Council Chamber at Shafter City Hall, 336 Pacific Avenue, Shafter, California, and via teleconference and Livestream on YouTube. Said special meeting shall be for the following pu{pose:
MANAGEMENT REPORTS:
JOINT CITY COUNCIL AND PLANNING COMMISSION WORKSHOP:
Informational item only. No action taken. (City Manager Gonzalez) Y azmina Pallares, City Clerk
Affidavit of Posting Special Meeting Notice
This is to certifr that this Special Meeting Notice was posted at City Hall and the Police Department by 6:00 p.m., October 14,2022. Further information regarding this Agenda Notice is available at City Hall, 336 Pacific Ave., Shafter, CA.
Yazmina Pallares, S/5, Citv Clerk Dated: October 14,2022 I
,Al'crrv or-l
City of Shafter
STIAFTER COUNCIL AGENDA REPORT
Meeting Date: October 18,2022
FROM: Gabriel Gonzalez, City Manager
Prepared By: Steve Esselman, Planning Director
SUBJECT: JOINT CITY COLTNCIL AND PLANNING COMMISSION WORKSHOP
HOUSING ELEMENT UPDATE
As required by State law, the 6th cycle housing element update (HEU) is due to the State by January 2024. The City has contracted with Infrastructure Engineers (IE) to help prepare the HEU. Per Senate Bill (SB) 1 000, a safety element update is also required upon the next revision of a required HEU; staff is currently preparing the safety element. One overarching goal of the HEU is to accommodate the Regional Housing Needs Allocation (RHNA) developed by Kern COG. The current RHNA for thJ Cif during th" 6'n cycle HEU are shown below. Please note that the 6th cycle HEU RHNA numbers are about 60Zohigher than the 5th cycle numbers.
Income Catesory Q020 Dollars) Units
Verv Low ($0 - 527,421) 678
Low ($27,422 - $43,881) 43r
Moderate ($43,882 - $65,821) 603
Above Moderate ($6S,8ZZ+; 1,581
Total 3,294
Two concepts are vital to understanding the new realities cities face in preparing the 6th cycle HEU, namely l)the "sites inventory" [perAssembly Bill (AB) 1397] and2)the conceptof "affirmatively furthering fair housing" (AFFH) (per AB 686).
A sites inventory is required for 6th cycle HEU, which requires the identification of suitable and available land by income category. To be successful, property owner outreach will be necessary to determine intent of underutilized sites.
Regarding AFFH, the City will be required to identifr sites to accommodate necessary housing, t.plu". segregated living patterns with integrated and balanced living patterns, and transform racially and ethnically concentrated areas of poverty into areas of opportunity. In short, AFFH requires the development of land use pattems that distribute units of each residential income category (very low, low, moderate, and above moderate per the RHNA established by Kern COG) throughout the City.
As part of the HEU, staff and IE will be engaging in outreach, including:
MANAGEMENT REPORT
Joint City Council and Planning Commission Workshop
o Website - Maintained by IE but linked on the Shafter website to provide the public about the process, upcoming events, the need for the HEU.
o Brochures - To hand out at events and to be available to the public at City Hall and other City locales.
o Utility insert - To be included with utility bills.
o Needs survey - Develop a survey asking the public about that they perceive is the biggest needs regarding housing in Shafter.
Pending approval of the Council, staff has tentatively scheduled a special meeting on November 5,2022 at 4 pmin the Council Chambers to further discuss the HEU.
The California Department of Housing and Community Development (HCD) polices compliance with housing element law. HCD's Housing Accountability and Enforcement Unit investigates local jurisdiction for compliance and enforces the law. The Unit's authority was granted through the passage of Assembly Bill (A872) and SB 215 andcodified under various Government Codes.
This authority includes, but is not limited to, housing element law, ADU law, and the Surplus Land Act.
Policy Discussion: One concept for the Council and Planning Commission to consider as the City moves forward with the HEU is whether the City should consider and adopt "inclusionary zoning" policies. Such policies require developers to reserve a percentage of housing units for very low, iow, and moderate housing in new developments. Generally, municipalities that have inclusionary zoning require that new developments restrict 20-30% of new units for very low, low, and moderate housing. Inclusionary zoning makes it more likely for municipalities to meet their RHNA targets for very low, low, and moderate housing.
ENVIRONMENTAL JUSTICE ELEMENT
A draft of the Environmental Health and Justice Program (or environmental justice element or EJ element) of the General Plan was prepared November 2020 and considered by the City Council in May 202L Preparation of the EJ element including meetings with the EJ groups, health care providers, and faith-based organizations. The draft EJ element also addresses air quality issues as iequired by State law. Based on public feedback, the Council referred the EJ element to Staff. Staff hai determined that EJ element implementation could result in significant and unavoidable environmental effects and therefore, a Program Environmental Impact Report (Program EIR) is warranted. It is important to note that State law does not provide a due date for the preparation of an EJ element, just the trigger that requires its preparation'
PROGRAM EIR
As discussed above, it has been determined that aProgram EIR will be required for the EJ element.
The Wonderful Company (Wonderful) is also anticipating application for a GPA and zone change to expand its existing industrial park to the west of Santa Fe Way. Wonderful has indicated that they plan to submit application for such a request, but to date an application has not been submitted to the City. Wonderful has also engaged in early outreach efforts in the community without City 2 Joint City Council and Plannlng Commission Workshop
involvement. The scope of this future effort, if Wonderful submits application, will require a project-level EIR.
Because the Program EIR for the EJ element will address impacts of General Plan buildout, including industrial development proposed by the General Plan, the cumulative analysis in the City's EJ Program EIR and Wonderful's EIR will both need to consider impacts of citywide industrial development. The City may achieve cost savings by using the cumulative impact analyses prepared by Wonderful. The City should therefore meet with Wonderful to further discuss timing of their EIR preparation and explore the extent to which cumulative analyses prepared by Wonderful might be used in the City's Program EIR.
Below is a table summarizing the various efforts related to the General Plan.
Effort Status Due Date
EJ element (including air quality per statute) Ongoing After llIll8 (no statutory due date)
HEU Onsoing vU24
Safetv element update Pendine Concurrent with HEU
Program EIR Pending After lllllS (no statutory due
date)
GENERAL PLAN OVERVIEW
A general plan is each local govemment's blueprint for meeting the community's long-term vision for the future; the City's General Plan can be found at 2lShafter- Per Government
for all general plans code (GC) 65300 through 65303.4 (see Exhibit l), the mandatory elements are:
o land use,
o circulation,
o housing,
o conservation,
o open space,
. noise, and
o safe8.
Additionally, cities and counties in the San Joaquin Air Pollution Control District (SJVAPCD) must also address air quality in their general plans. Cities and counties that have identified disadvantaged communities must also address environmental justice in their general plans, including air quality. Per SB 617, the City has been designated a disadvantaged community.
Therefore, the City is also mandated to prepare policies and/or new elements to address:
o air quality and
o environmentaljustice.
a
J
Joint Citv Council and Planning Commission WorkshoP
Per SB 1000, an environmental justice element must be adopted or revised upon adoption or next revision of two or more elements concurrently on or after January 1, 2018. In 2018, the Council approved ResolutionNo. 2606, which approved General Plan Amendment (GPA) No. l8-33. This dFR made changes to two or more General Plan elements after January 1,2018 and therefore, triggered the requirement to prepare an EJ element'
GENERAL PLAN UPDATE?
Due to the amount of long-range planning efforts that will be required soon, it may be time to consider a general plan update. The current General Plan is over 17 years old (certified in 2005), and the Program EIR that analyzed the environmental effects of implementing the General Plan does not inClude an analysis, as required by modern California Environmental Quality (CEQA) requirements, for:
o energy:
o greenhouse gas emissions,
o tribal cultural resources, and
o wildfire.
Both the EJ Element and future general plan update will require a Program EIR.
Policy Discussion: Another consideration for the Council and Commission is whether the City:
Should update the general plan and include the EJ Element as a part of the general plan update and then environmentally clear both under one EIR or
Prepare the EJ Element and then general plan update separately and prepare two EIRs?
ORDINANCE REVISIONS
On September 20, 2022, the Council opened a public hearing to consider Zone Change Amendment (ZCA)No.22-17. The Council continued the hearing to a date certain of December 6,2022 to hear more about the proposed changes.
The reason for the proposed changes is:
o In response to changes in State law regarding:
o accessory dwelling units and junior accessory dwelling units and o drought-tolerant landscaPing;
o For consistency with the California Building Code;
o To allow personal recreational vehicles, boats, travel trailers, camp trailers, etc. within a residential driveway located within a front yard setback; o For a corner or reverse corner lot street side yard setback, to permit a 20-foot minimum setback for a garcge to allow for the parking of vehicles in front of the garage; and o To reduce the minimum 1,500-foot buffer between a proposed permanent commercial coach in an industrial areafrom an existing arterialroadway or arterial roadway alignment on a caseby-case basis at the discretion of the Planning Director. a
4 Joint City Council and Planning Comrnission Workshop
ADUs/JADUS and Landscaping
The Governor has signed Senate Bill (SB) 13 as well as Assembly Bills 3182,881, and 68 that made changes to Government Code related to Accessory Dwelling Units (ADUs) and Junior Accessory Dweiling Units (JADUs). On January I,2020, the various laws went into effect and voided Section 11.200 (Second Dwelling Units) of Shafter Municipal Code Title 17. The Governor has signed Assembly Bill (AB) 1164 that made changes to Govemment Code related to droughttolerant landscaping.
Pros/Cons: The pros of adopting a policy regarding ADUs/JADUs and drought-tolerant landscaping is that the City would follow State law while staff contends that there are no cons to adopting this policy to follow State law since the City is required to follow.
CBC Consistency
Title 17 is not consistent with the most current California Building Code (CBC) related to minimum setbacks requirements between existing structures and proposed accessory structures within a residential zone.
Pros/Cons: The pros of adopting a policy to be consistent with CBC is that the Ordinance would be consistent with the CBC and provide greater flexibility to owners while staff contends that there are no cons to adopting this policy to be consistent with CBC.
Driveways
Staff is proposing to allow personal recreational vehicles, boats, travel trailers, camp trailers, etc. within a residential driveway located within a front yard setback provided that the vehicle(s) do not encroach onto the public right-of-way (i.e., sidewalk or street) and are maintained and properly licensed. Based on an analysis of other jurisdictions, most jurisdictions allow by right the keeping of recreational vehicles, etc. within a residential driveway.
Pros/Cons: The pros of adopting a policy to allow personal recreational vehicles, etc. within a residential driveway is that the Ordinance would provide greater flexibility to owners and reduce the burden on Code Enforcement while the cons of adopting this policy would be that a segment of the populous finds that allowing personal recreational vehicles, etc. within a residential driveway is aesthetically unappealing.
Corner Lots
Staff is proposing, for a corner or reverse comer lot street side yard setback, a 20-foot minimum setback for agarageto allow for the parking of vehicles in front of the garuge without encroaching within the public right-of-way (i.e., sidewalk and street). The minimum side yard setbacks are currently n-ot deep enough, and vehicles regularly encroach into the right-of-way because of inadequate driveway depth on side yards.
5 Joint Citv Council and Planning Commission WorkshoP
Pros/Cons: The pros of adopting a policy to increase the front-yard setback from 10 to 20 feet on corner/reverse corner lots for garages to allow parking in front without encroaching in the public right-of-way is that vehicles would be able to park in a driveway without encroaching into the puUti. righi-of-way while the cons of adopting this policy would be that certain future projects where u gurug" replacement is needed may not have the ability to adhere to the new standard. For example, if u ho*e is 50% demolished for whatever reason (such as fire), that home would have to adhere to this new standard and there may be physical constraints that do not allow the replacement garuge to adhere to the new standard. However, if a garage replacement cannot physically adhere to the standard due to obstruction or other valid reason, then azone variance can t"-rought and would likely be granted because the necessary findings can be made under such circumstances.
Coaches
Staff is proposing to provide the Planning Director with the discretion, on a case-by-case basis and when if can be determined with certainty that the commercial coach shall not create adverse impacts on adjacent property and the surrounding area by creating visual blight, to reduce the minimum 1,500-foot buffer between a proposed permanent commercial coach in an industrial area from an existing arterial roadway or arterial roadway alignment. Please note that this discretion would be limited to industrial locations west of Santa Fe Way and north of Burbank Avenue. This change provides flexibility, particularly in the Minter Field industrial area, when the 1,500-foot minimum distance cannot be maintained.
Pros/Cons: The pros of adopting a policy to allow the Planning Director on a case-by-case basis to t"Ou"" the minimum 1,500-foot buffer between a proposed permanent commercial coach in an industrial area from an existing arterial roadway or arterial roadway alignment would be that it provides staff with greater flexibility and is business friendly while the cons of adopting policy would be that there may still be lingering aesthetic concerns. However, the Planning Director would have to determine with certainty that the commercial coach shall not create adverse impacts on adjacent property and the surrounding areaby creating visual blight. Therefore, the possibility of blight is greatly diminished with the determination requirement.
ATTACHMENTS: EXHIBIT
PowerPoint Presentation
Government Code Excerpt
1 2
6 LO/L4/2022
PLANNING
WORKSHOP
CITY OF SHAFTER
rrriiiLl (,nr iirr, iiizr.r.,,t11;11;11i;1.11t'rlr lllii.j:illliitr; l: ))' :r,,,rilt, ti .r iit
L
OUTLINE
Housing Element Update
EnvironmentaI Justice E[ement
Program EIR
General Ptan Update?
Ordinance Revisions
2 L
LO/L4/2O22
HEU due to State by January zoz4
Accommodates RHNA
Requires "sites inventory"
Requires adherence to "AFFH" concept
Per SB 1ooo, Safety Element also required upon HEU revision Staff currentty preparing Safety E[ement
HOUSING
ELEMENT
UPDATE
3 "RegionaI Housing Needs Allocation"
Very low, [ow, moderate & above moderate home categories Developed by Kern COG as required per State law
State taw recognizes [oca[ governments play vital rote in developing affordabte housing
Mandates al.L California cities, towns & counties plan for housing needs regardless of income
WHAT'S RHNA?
4 2
Lo/L4/2022
WHAT'S RHNA?
Area Median lncome - $54,85r (zozo dottars)
Very Low - o-so% of AMI ($o - $z7,4zr)
Low - 5o-Bo% ($z7,qzz - $43,88il
Moderate - Bo-!zo% ($+e,eez - $6S,8zr)
Above Moderale - r2o% or more ($65,822.)
5 i (,,ltt/ 4l:r",t/
lncome Category U nits
lMk,Iif.rli.'tii{.1
rl'r 1ri. li
'4jtit:,t,)
Low 426
nbove
PREVIOUS
RHNA (2015-23)
Units by Income
6 3
LO/L4/2022
V,lAy l11r'1',y
lncome category U nits
lMfoXchliiilriitl
Above Moderate 1158X
UPCOMING
RHNA (2024-32)
Units by Income
7 . TotaL Units - 2,036 v. 3,294 units
. 60% increase in totat units
. Likety meet moderate & above moderate with existing Specific Ptans PREVIOUS V.
UPCOMING
RHNA
8 4
ro/M/2o22
Suitabte & avaiLabte Land by income category
Sites lnventory for HEU tikety drives need for GPA/ZCs
Wil,t require owner outreach to determine intent for underutilized sites' especial[y for required GPA/ZCs
SITES
INVENTORY
9 "Affirmativety Furthering Fair Housing"
lnitiatty federaI HUD requirement
AB 686
. ldentify sites to accommodate RHNA
. Reptace segregated living patterns with integrated & batanced tiving patterns
. Transform racially & ethnicaLLy concentrated areas of poverty into areas of opportunity
Land use patterns must distribute units of each residential income category throughout City
AFFH
5 10
LO/L4/2022
TENTATIVE: November !5, 2022,4 pm @ City HaLl. - HEU CC special meeting?
TENTATIVE: During hotidays - HEU pop-up event?
Other Outreach
. Website
. Brochures
. Utitity insert
. Needs survey
UPCOMING
COMMUNITY
OUTREACH
77 CALIFORNIA
DEPARTMENT
OF HOUSING
AND
COMMUNITY
DEVELOPMENT
State created a Housing Accountabitity and Enforcement Unit . Under Department of Housing and Community Development (HCD) . lnvestigates [ocatjurisdictions
. Enforces state housing laws
Enforcement Authority
, ABT? & AB 215
. Under various GCs
Authority inctudes, but not timited to:
. Housing Element law
. ADU taw
. Surplus Land Act
6 L2
to/L4/2022
lnclusionary zoning policies require devetopers to reserve percentage housing units for very [ow, [ow, and moderate housing in new developments
Typicatty, zo-3o% inclusionary housing in new developments Shoutd the City consider and adopt inclusionary zoning poticies? POLICY
DISCUSSION _
INCLUSIONARY
ZONING?
13 Draft prepared November zozo
lnctuded meeting with EJ groups, health care providers & faith-based organizations
CC considered May 2o2L
A[so addresses AQ
Based on feedback, CC referred to Staff
Staff determined Program EIR required
State taw doesn't provide due date, just trigger for preparation
ENVIRONMENTAL
IUSTICE ELEMENT
7 14
LO/L4/2022
Determined EJ etement requires Program EIR
Program EIR may be prepared on a series of actions that can be characterized as one [arge project
WonderfuI anticipates project-[eve[ EIR to expand industriaI park No apptication submitted to City
City may achieve cost savings using Wonderfu['s cumu[ative analysis City shoutd meet with Wonderful to:
. Discuss timing
. Extent to which their cumulative analysis can be used in City Program EIR
PROGRAM EIR
15 LocaI government's btueprint
Long-term vision of the future
State-mandated elements (GC 65300 - 65303,4) - LU, circulation, housing conservation, open space, noise & safety
Other required elements (SB looo) - AO & EJ
State law requires consistency with Zoning Ordinance
GENERAL PLAN
UPDATE?
8 76
L0/L412022
Current General Ptan Program EIR 17 years oLd €oo5)
No Energy, GHG, Tribat Cultural Resources & Wil.dfire per modern CEQA requirements
Does not include possible future WIP expansion west of Santa Fe
GENERAL PLAN
UPDATE?
17 Both the EJ Etement and future general plan update require Program EIR:
. Shoutd the City update the general plan and include EJ Element as part of update and then environmentally ctear both under one EIR or . Prepare EJ Etement and then general ptan update separately under two ElRs?
POLICY
DISCUSSION _
PROGRAM EIR
9 18
ZCAzz-!7
Publ.ic hearing on September 20,2022
Opened hearing and continued to date-certain December 6, zo22 meeting
Reason for revisions:
. Changes in State law
. ADUs/JADUS
. Landscaping
. CBC consistency
. BuiLding Officiat requests
ORDINANACE
REVISIONS
L0/14/2022
19 ADU
. Complete independent tiving facitities for one or more persons . Attached or detached or converted existing space
. No greater than 1,2oo sf
JADU
. Contained entirely within an existing or proposed singLe-famity residence or attached garage
. Must have a separate entrance, efficiency kitchen
. May include separate sanitation facitities or use the residence's existing sanitation system
. No greater than Soo sf
CHANGES IN
STATE LAW -
ADUs/JADUs
20 10
SB € eo19), AB 3r8z (2o2o), AB 68 (2019) & AB 881 (2019) By right in residential zones
No off-street parking required
No minimum lotlcoverage or owner occupancy requirements I ncludes manufactured homes
CHANGES IN
STATE LAW _
ADUs/JADUs
LO/L4/2022
27 :ir lrlll t, l.t irt,t I,Jli,t 1t,,r11,il i1
r';iir;1 il.l.rirlfj:t.triit i',,,vlijlt'r;ii,,lili-, iir, il, 1r^,; ii.,r!,v Pros Cons
CHANGES IN
STATE LAW -
ADUs/lADUs
22 LT
Drought-tolerant [andscaping - AB 1164 (eor5)
City shatt not prohibit drought toterant landscaping, synthetic grass, or artificiat turf on residential property, but may impose reasonable restrictions provided they do not:
. Substantially increase cost of instatting
. Effectivety prohibit installation
. Significantty impede instattation
CHANGES IN
STATE LAW _
LANDSCAPING
LO/L4/2022
23 i(.i fi i l
"
jIi;ti]ii,!,tl: i: ;t':;iirt iil, i,,1,,,!/ 1ili.,)rrr l P ros Cons
LANDSCAPING
CHANGES IN
STATE LAW -
24 12
LO/L4/2022
Titte 17 not consistent with CBC for minimum distances between accessory structures in residentiaI zones
. Currently requires 10 ft mlnimum distance between existing and proposed accessory structures
. CBC has a[towance for reduced minimum distance requirements to less than ro ft
Exampte - many homes in Gossamer Grove cannot currently ptace accessory structures (e.9., smalt sheds) in backyards due to ro-ft minimum distance requirement
CBC
CONSISTENCY
25 to)ri.it rl.,t rlii ),.tli t.;i iLir \rl, r,vl:ilr1 i l;;{! ir,lrri, ];fii:r I i il l, l;{ j i} il hi )l :iio r,),',y rt.!il,1 lkr ni,r
P ros Cons
CBC
CONSISTENCY
26 13
Attow RVs, boats, trailers, etc. within residential driveway provided does not encroach in ROW and maintained and licensed
Survey by Staff found most nearby municipatities:
. Attow OR
. Do notenforce
Requirement burdensome for Code Enforcement
BUILDING
REQUEST -
DRIVEWAYS
to/L4/2O22
27 ({ I ri, J.T i, \i jiil: t;(iit i1.i;.r7, 1r; 1 !,r7,,1';,, ti{iJaiqriri'j ir}l,iii:cirlrll}r111{.i1lili,;ilrl;i{,)fi,i,lri(1}lilii ,/,,1t: tr! il irrl ilirl,j r f(, j |1,.i. I f ,itt i
Pros Cons
BUILDING
REQUEST -
DRIVEWAYS
28 t4
LO/L4/2022
2o-ft front yard setback on corner/reverse corner lots for garages to aLLow parking in front without encroaching in ROW
10 ft is current setback
Results in vehicles encroaching into ROW when parked in driveway in front of garage
BUILDING
REQUEST _
CORNER LOTS
29 INTERIOR
LOT
CORIIER
LOT LOT
REVERAE
CORNER
LOT IilTERloR
LOT
BUILDING
REQUEST _
CORNER LOTS
30 15
L.gand Sldo Yard Setback - Parklng on Sldouralk
LO/L4/2022
31 Setback on Sldewalk
32 L6
LO/r412O22
r( t-, il i r). t:rtk rrl rl,, iit, 1lr L I ll,) r( !l:i!/r n,,/, l.'/ I,,i,li' r,,l l illr, li)it, iril,).\rJi
iL,i,r11':i.1'rallJl.:1,l:t'ri:i.ri:liir,r111;1r,,11,,11i.lit I;:fi:ill ii(.r rf lilr l:lil' i ;i I, I ;. 1,ri,:1r1;11 '1r i;1 lirl] .1. ',J , ,:rr': ; j '.: ,rl
Pros Cons
BUILDING
REQUEST _
CORNER LOTS
33 A[[ow Planning Director case-by-case discretion to reduce the minimum 1,soo-ft buffer between permanent commercial coach in an industrial area from existing arterial fimited to industriat locations west of Santa Fe Way and north of Burbank Avenue)
Often commercial coaches are sufficientl.y shieLded from view along arteriaI that t50o-ft buffer requirement is not necessary
BUILDING
REQUEST _
COACHES
34 L7
I'r11s,'yir:i, 1., 1.;r::1iri ;:li:.l,lilrt ili, l:tl,f lllt,ii'r I rirlriirll,'. j,t ltrrtrf lll ill
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P ros Cons
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COACHES
t0/t4/2022
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Steve Esselman, Planning Director
[email protected]
66t-746-soo2
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State of California
GOVERNMENTCODE
Section 65302
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a) A land use element that designates the proposed general distribution and general location and extent ofthe uses ofthe land for housing, business, industry open space, including agriculture, natural resources, recreation, and enjoyment ofscenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses ofland. The location and designation ofthe extent ofthe uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) ofsubdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identi$r and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources.
The land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland ProductivityAct of 1982 (Chapter 6.7 (commencing with Section 51 100) of Part I of Division I of Title 5).
(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and haining areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B) The following definitions govem this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the members of the military for combat.
(II) Operation, maintenance, and security of any military installation. (III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined inparagraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b) (1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2) (A) Commencing January l,20ll, upon any substantive revision of the circulation element, the legislative body shall modifr the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) For purposes of this paragraph, "users of streets, roads, and highways" mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors. (c) A housing element as provided in Article 10.6 (commencing with Section 6ss80).
(d) (1) A conservation element for the conservation, development, and utilization ofnatural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water ofany type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county. (2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters. (C) Regulation ofthe use ofland in stream channels and other areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction ofthe erosion ofsoils, beaches, and shores. (E) Protection of watersheds.
(F) The location, quantity, and quality ofthe rock, sand, and gravel resources. (3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identi$ rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing with Section 6ss60).
(0 (l) A noise element that shall identi$' and appraise noise problems in the community. The noise element shall analyze and quantiff, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, andmilitary airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E) Local industrial plants, including, but not limited to, railroad classification yards.
(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (L6).
The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (l) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a pattem ofland uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state's noise insulation standards. (g) (t) A safety element for the protection ofthe community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 ofthe Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping ofknown seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around struchues, as those items relate to identified fire and geologic hazards. (2) The safety element, upon the next revision of the housing element on or after January 1,2009, shall also do the following:
(A) Identifu information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazardzone" means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal h azard onan official flood insurance rate map issued by FEMA.
The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses pelmitted within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA. (iii) Information about flood hazards that is available from the United States Army Corps ofEngineers.
(iv) Designated floodway maps that are available from the central valley Flood Protection Board.
(v) Dam failure inundation maps prepaled pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources' (vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources. (vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event ofthe failure ofproject or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x) Existing and plarured development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices ofemergency services. (B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new development' (ii) Evaluating whether new development should be located in flood hazard zones, and identifring construction methods or other methods to minimize damage if new development is located in flood hazardzones.
(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identi$ing construction methods or other methods to minimize damage if these facilities are located in flood hazardzones.
(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B). (3) Upon the next revision of the housing element on or after January l,2014,the safety element shall be reviewed and updated as necessary to address the risk offire for land classified as state responsibility areas, as defined in Section 4102 ofthe Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research's most recent publication of "Fire Hazard Planning, General Plan Technical Advice Series" and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.
(iD Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii) Information about wil dfirehazard areas that may be available from the United States Geological Survey.
(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution ofplanned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offrces ofemergency services. (B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land. (ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high frrehazard severity zorrc,
(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv) Working cooperatively with public agencies with responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county's adopted fire safety plan or document that fulfills cornmensurate goals and objectives and contains information required pursuant to this paragraph.
(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January l, 2017 , or, if a local jurisdiction has not adopted a local hazatd mitigation plan, beginning on or before January 1,2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research's General Plan Guidelines and shall include all of the following:
(A) (D A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3). (ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I) Information from the internet-based Cal-Adapt tool. (II) Information from the most recent version ofthe CalifomiaAdaptation Planning Guide.
(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures. (IV) Information from local agencies on their current ability to deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including locally prepared maps ofareas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities. (VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B) A set ofadaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community. (C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii) The designation of adequate and feasible infrastructure located in an at-risk atea.
(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration ofnatural features and ecosystem processes, when developing alternatives for consideration. For purposes ofthis clause, "natural infrastructure" means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserye ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(D) (D If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the localhazard mitigation plan or other climate adaptation plan or document.
(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5) Upon the next revision of the housing element on or after January 1,2020,the safety element shall be reviewed and updated as necessary to identi$ residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
(6) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the cify or county that was not available during the previous revision of the safety element. (7) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(8) Before the periodic review ofits general plan and before preparing or revising its safety element, each city and county shall consult the Califomia Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision' (9) To the extent that a county's safety element is sufficiently detailed and contains appropriate policies and programs for adoption by acity, a city may adopt that portion of the county's safety element that pertains to the city's planning area in satisfaction of the requirement imposed by this subdivision.
(h) (1) An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan ofthe city, county, or city and county, ifthe city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A) Identiff objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.
(B) Identiff objectives and policies to promote civic engagement in the public decisionmaking process.
(C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
(2) A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after lanuary 1, 2018.
(3) By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the Califomia Constitution.
(4) For purposes of this subdivision, the following terms shall apply:
(A) "Disadvantaged communities" means a\ area identified by the Califomia Environmental ProtectionAgency pursuant to Section 39711 of the Health and Safety Code or arl afea that is a low-income ateathat is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
(B) "Public facilities" includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000. (C) "Low-income axea" means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
(Amendedby Stats.2021, Ch.225, Sec. 9. (AB 9) Effective Januaty 1,2022.)