Yuba City City Council
March 1, 2022

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 7
Programs Implementation Status Continue/Modify/Delete
H-D-2
Continue to work with Sutter County, the farm industry, and neighborhoods where housing projects are proposed to facilitate the provision of farmworker housing. Assist in meeting the housing needs of farmworkers in and around Yuba City. The City will work with the County, develop a list of sites with the appropriate zoning suitable for farmworker housing and assist the County and other development partners in the form of technical assistance with the preparation of the application for farmworker housing funds as the need arises. Additionally, when funding is available, the City will provide matching funds for the County and other development partners that plan to provide new farmworker housing units and encourage the development of units targeted toward single farmworkers. Consider adding priority processing for applications to develop housing for farmworkers. When and if necessary, engage residents of neighborhoods around potential farmworker housing sites in a public workshop to discuss current laws surrounding the siting of farmworker housing and promote discussion to circumvent unnecessary confrontation.

The Housing Authority takes the lead on farmworker housing in the City. The City continues to support the Housing Authority’s efforts. The Housing Authority developed a 10-unit farmworker project in Richland Housing that was completed in 2015. The Housing Authority maintains 190 units of farmworker housing at Richland Farm and an additional 99 beds of migrant worker housing at its Richland Public Housing.

Continue as Program H-D-2:

Farmworker Housing.

H-D-3
The City will continue to encourage diversity in unit size within multiple-family housing projects and to be proactive in the development of three- and four-bedroom housing units for large families by granting priority funding for projects which include three or more bedrooms.

The City continued to encourage diversity in unit size. Delete.

H-D-4
The City will, as required by SB 2, amend the zoning code for transitional and supportive housing as a residential use in all zones allowing residential uses, subject only to those restrictions that apply to other residential uses of the same type in the same zone and without any discretionary action. The zoning code will also be amended to include the following definitions related to transitional and supportive housing per Government Code Sections 65582(f), (g) and (h):
• “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. • “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Transitional housing” means buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

The City is completing an update to its other General Plan elements and Zoning Code concurrently with this Housing Element update. These definitions will be added as a part of the update process. This program was updated to meet state law requirements.

Combine with Program H-A-3, Program
H-D-5 and Program H-D-9 and continue
as Program H-D-3: Facilitate
Construction of Special-Needs
Housing.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

Programs Implementation Status Continue/Modify/Delete
H-D-5
In order to remove constraints on housing for persons with disabilities under guidelines set forth in the Fair Housing Act, provide a reasonable accommodation procedure that is available to individuals with disabilities and their representatives as well as providers of housing for individuals with disabilities. Evaluate the zoning regulations for ADA compliance and formalize a provision for reasonable accommodations for persons with disabilities that will be separate from a variance or use permit. When updating the zoning and building code to include a reasonable accommodation measure the City will reference the model ordinance and examples provided to the City by HCD to open housing opportunities to individuals with disabilities. Provide safeguards on privacy interests of applicants and providers. Provide an opportunity for appeal of adverse decisions by aggrieved applicants.

The City currently follows the Fair Housing Act and will continue this program to create model ordinance for reasonable
accommodations.

Combine with Program H-D-4 and
Program H-D-9 and continue as
Program H-D-3: Facilitate Construction
of Special-Needs Housing.

H-D-6
Continue to offer specific incentives for development of individual or group-care housing affordable to the City’s senior and special needs populations through City-specific density bonuses (in addition to state requirements), reduced parking requirements, and development fee reductions for projects at infill localities.

The City approved a 40-unit apartment complex, New Haven Court, which opened in April 2021 and provides housing to special-needs populations (chronically homeless persons and persons with disabilities) earning less than 50% AMI. The City offered development fee reductions and permitted reduced parking requirements to support the development of the New Haven Court project.

Continue as Program H-D-4:

Residential Care Facilities.

H-D-7
Continue to promote equal housing opportunities to educate residents, developers, nonprofit organizations, and decision-makers on Fair Housing, including holding an annual fair housing fair.

Continue to provide notice and information on fair housing rights and responsibilities by providing information at the Development Services Department counter, on the City’s website, and other centers and public facilities throughout the community. The City will disseminate information in languages other than English and where appropriate through various forms of non-written media.

Refer known incidents of discrimination in lending practices and the sale or rental of housing to US Department of Housing and Urban Development (HUD), California Department of Fair Employment and Housing, and California Department of Consumer Affairs and/or California Rural Legal Assistance for action.

Through its partnership with Regional Housing Authority, Yuba City distributes information on fair housing in English, Spanish, and Punjabi to organizations that work with the general public and represent the building and real estate agencies. The Regional Housing Authority conducts annual fair housing events to raise awareness of fair housing issues. The City complies with fair housing law regarding complaints by referring fair housing cases to the United States Department of Housing and Urban Development’s (HUD’s) Office of Fair Housing and Equal Opportunity (FHEO), and the California Department of Fair Employment and Housing (DFEH), and nonprofit
organizations such as California Rural Legal Assistance (CRLA). Yuba City has not tracked how many cases were
referred during the previous planning period but will continue to refer fair housing cases.

Revise to address AB 686 and continue
as Program H-F-1: Affirmatively
Furthering Fair Housing.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 9
Programs Implementation Status Continue/Modify/Delete
H-D-8
The City will work with housing providers to ensure that special housing needs and the needs of lower-income households are addressed for seniors, large families, female headed households, female-headed households with children, persons with disabilities and developmental disabilities, extremely low-income households, and homeless individuals and families. The City will seek to meet these special housing needs through a combination of regulatory incentives, zoning standards, new housing construction programs, and supportive services programs. The City will promote market-rate and affordable housing sites, housing programs, and financial assistance available from the city, county, state and federal governments. In addition, as appropriate, the City will apply or support others’ applications for funding under state and federal programs designated specifically for special needs groups and other lower-income households such as seniors, persons with disabilities, extremely low-income households, and persons at risk for homelessness.

The City approved a 40-unit apartment complex, New Haven Court, which opened in April 2021 and provides housing to special-needs populations (chronically homeless persons and persons with disabilities) earning less than 50% AMI. The City offered development fee reductions and permitted reduced parking requirements to support the project.

In January 2021, the City approved a 176-unit affordable apartment complex, Richland Village Project, to house
individuals and families earning up to 60% AMI. The City offered reduced development impact fees to support the development of this project.

Modify and continue as Program H-D-5:

Housing for Special Needs and
continue as Program H-D-6: Assistance
for Persons with Developmental
Disabilities.

H-D-9
To comply with the state Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6), the City will amend the zoning code to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Section 17021.5). The zoning code will also be amended to treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted.

The City currently allows for farmworker housing and will amend their zoning code to meet state law.

Combine with Program H-A-3, Program
H-D-4 and Program H-D-5 and continue
as Program H-D-3: Facilitate
Construction of Special-Needs
Housing.

H-E-1
Incorporate energy conservation measures as an integral part of housing rehabilitation programs.

Provide free information to residents on energy conservation and available programs at the Development Services Department counter and on the City’s website, and feature energy conservation as an important part of the annual Housing Fair.

The City developed marketing material through the Sutter-Butte Energy Program to provide energy conservation to community members from 2013 to 2017. The marketing materials were included with water bills, provided as counter brochures, and promoted in a social media campaign. Additionally, the City distributed energy conservation information at multiple annual events, including the Yuba-Sutter Fair, Downtown Summer, and Winter Stroll.

Combine with Program H-E-2, and
continue as Program H-E-1: Energy
Efficiency.

H-E-2
Encourage participation in PG&E's Community Resource Project Inc., home energy audits, weatherization and minor home repair programs, particularly for extremely low-, very low- and lowincome households. Information on these programs will be provided via brochures available at the Development Services Department counter, on the City’s web site, and at the annual Housing Fair.

Through its participation in the Local Governments Partnership with PG&E and the Sutter Butte Energy Watch, the City
encouraged participation in PG&E’s Community Resource
Project, home energy audits, weatherization, and minor home repair programs. Marketing materials were included in water bills, provided as counter brochures, and promoted in social media campaigns. Additionally, the City distributed
weatherization information at multiple annual events, including the Yuba-Sutter Fair, Downtown Summer, and Winter Stroll.

Combine with Program H-E-1, and
continue as Program H-E-1: Energy
Efficiency.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

As shown in Table 1-1, the proposed 2021–2029 Housing Element consolidates many programs from the previous Housing Element to aid in implementation and eliminate redundancy. The following 14 amended programs are included in the proposed 2021–2029 Housing Element (Note: the following programs are modified using underline or strikeout to indicate changes to the amended programs):
 Program H-A-1: Conservation of Existing Housing.

Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing affordable housing stock in coordination with rehabilitation and other infrastructure improvement programs. This includes continuing to offer Single-Family and Multi-Family Multifamily Rehabilitation Programs and continuing to partner with a rehabilitation housing consultant to offer the Housing Rehabilitation Program. Conduct a Housing Condition Survey prior to completion of the 6th cycle Housing Element update. The City will explore the feasibility of allowing the Owner Occupied Rehabilitation Program to pay for solar panels for low-income households, particularly seniors. Additionally, the City will meet with the Reginal Housing Authority to identify and apply for funding opportunities to provide relocation assistance to residents at risk of displacement due to rehabilitation needs. The City will collaborate with the Housing Authority to target efforts in the rehabilitation assistance programs in areas of concentrated poverty, particularly in low resource areas, to reduce displacement risk for lower-income households due to housing condition or cost of repairs. The City will provide informational materials in languages other than English, as needed. The City will create a program to prevent displacement and mitigate relocation impacts as a result of code enforcement activities.
 Program H-A-2: Accessory Dwelling Units.

Continue the City’s policy which that allows for second family residences accessory dwelling units (ADUs) within single-family residential neighborhoods by reducing lot coverage requirements and allowing for tandem parking when setback requirements are met. In addition, the zoning code will be amended to allow second family residences in all residential zones as follows: ADUs and Junior ADUS (JADUs) in all zones where residential structures are allowed (R-1, R-2, R-3, C-1, C-2, C-3, and C-O), in accordance with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069. The City will also promote ADU construction through informational brochures on the permitting process and benefits of second-unit development that will be available at City buildings and on the City’s website. The City will identify and offer incentives for ADU development. The City will provide preapproved ADU plans. The City will emphasize the benefits of ADUs to property owners in high resource areas to encourage construction in these areas to improve mobility options for lower-income households and to increase housing supply to meet shortages of affordable units and housing overall as a result of displacement due to the Camp Fire. The intent of increasing the supply of ADUs is to aid in reducing displacement risk due to housing supply and costs.

Amend the zoning code to allow second family residences (second units) ministerially in the R-2 and R-3 zones per state law.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 11
 Program H-A-43: Facilitate a Variety of Housing Types.

The City will continue to ensure that zoning standards and development requirements facilitate the construction of a diversity of housing types, including apartment complexes, group housing, and townhomes in order to meet the needs of all households and income levels. Understanding that higherdensity housing often means more affordable housing, the City will continue to encourage development at the higher end of the density range in land designated as low/medium and medium/high density residential in the General Plan, with a special emphasis on high opportunity areas, through the following actions:
o Provide density bonuses in accordance with Sections 65915 through 65918 of the California Government Code.
o Continue to negotiate alternative development standards, such as increased height limits, alternative parking standards, street improvement standards, maximum density, and lot coverage.
o The City will encourage construction of affordable housing at a range of densities throughout the city, primarily in high resource areas, to combat the concentration of lowerincome households downtown, improve housing mobility opportunities, and increase the supply of subsidized units in high resource areas.
 Program H-B-1: First-Time Home Buyers Program.

The City will continue to apply for additional funding, as funding becomes available, to support the Regional Housing Authority’s First-Time Home Buyer Program to encourage and facilitate the purchase of affordable housing units by low-income households through the First-Time Home Buyers Program. To assist low-income first-time home buyers to be purchase ready, the City will promote the free HUDcertified homebuyer courses that are offered locally. The City will provide materials in languages other than English, as requested. To encourage housing mobility, the City will collaborate with the Housing Authority to encourage use of the program in areas of high opportunity and resources and will assist first-time home buyers in locating housing in high resource areas. Also, as a part of Program H-F-1, the City will support non-profit organizations in their efforts to combat lending practices that disproportionately impact people in protected classes including race, color, national origin, religion, sex, age, or disability.  Program H-B-2: Housing Choice Voucher Program.

Continue to strive to increase the number of extremely low-, very low-, and low-income households receiving rental assistance and support applications by the Regional Housing Authority of Sutter & and Nevada Counties for Section 8 Housing Choice Vouchers as well as Article 34 referenda requests. In addition, support an increase in the number of these types of households receiving rental assistance through Tenant Based Rental Assistance via HOME. Additionally, the City will direct residents of “at risk” units to obtain Section 8 vouchers to assist with connecting them with housing opportunities throughout Yuba City.

As City resources allow, to enhance housing mobility and access to higher opportunity areas, the City will:

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

o Conduct outreach to property managers in high resource areas with a low percent of vouchers to provide education on source of income discrimination and voucher programs and to encourage them to accept Section 8 assistance.
o Compile information on organizations that provide pre- and post-move services to voucher holders.
o Collaborate with high performing school districts to attract a diversity of staff to serve lower income students particularly in low resource areas with high rates of diversity. o Encourage collaboration between local governments and community land trusts as a mechanism to develop affordable housing in higher-opportunity areas. o Post information on the City’s website, including city-wide affordable rental registries.  Program H-B-3: At-Risk Housing Units.

Continue to monitor federal-, state-, and locally funded State law requires jurisdictions to provide a program in their housing elements to preserve publicly assisted affordable housing projects at risk of converting to market-rate housing. Units that are considered “at-risk” are subsidized low-income housing projects whose subsidized contract expires within 10 years, putting the units at risk of being converted to market-rate and being lost as affordable housing. While there are no units whose contract is set to expire within 10 years, the Sutter Village and Live Oak Apartments have Section 8 contracts that require annual review and are therefore considered “at-risk.” Given this, there are 109 units at risk of conversion to market rate. There are 153 units at risk during the 2013–2021–2029 planning period.

The City will continue to regularly refer to the list that the Housing Authority maintains of all dwellings within the city that are subsidized by government funding or low-income housing developed through local regulations or incentives. The City will contact all property owners within three years of affordability expiration to discuss the City’s desire to preserve complexes as affordable housing and ask them to provide at least two years’ notice prior to the conversion of any units for lower-income households to market-rate units. Participation from agencies interested in purchasing and/or managing at-risk units will be sought.

Coordinate with owners of expiring subsidies to ensure tenants receive the required notices at 3 years, 6 months, and 12 months, per state law. The City will work with tenants to provide education regarding tenant rights and conversion procedures pursuant to California law. The City shall contact entities such as California Rural Legal Assistance (CRLA) to assist renters.

If the City learns of any unexpected potential conversions or changes in ownership, the City will take the following actions to alleviate the loss of units at risk due to conversion to market-rate units.:
o On an annual basis the City will update its list of subsidized rental properties and identify those units at risk of converting to market-rate units. o The City will contact owners of units at risk of converting regarding their interest in selling properties or maintaining the rental units as affordable units. o The City will work with property owners to identify and apply for federal, state, and local subsidies to ensure the continued affordability of housing units. o The City will maintain a list of nonprofit agencies interested in acquisition/rehabilitation of at-risk units and inform them of the status of such units.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 13
o The City will work with nonprofit agencies to identify and apply for federal, state, and local subsidies to assist with providing funding for the acquisition and rehabilitation of at-risk projects.
o The City will provide to tenants of at-risk units referral and contact information regarding tenant rights and conversion procedures, as well as information regarding other affordable housing opportunities within the city.
o Meet with the owners (or their representatives) of the subsidized rental housing developments that are facing unexpected risk to the affordable units in a timely fashion, to discuss their plans for maintaining, converting, or selling their properties. If any of the owners indicate that the affordability of the units is at risk of conversion to market rate housing or that the owner intends to sell the property, the City will seek to facilitate the acquisition of the property by another for-profit or nonprofit entity to preserve the rental units as affordable housing. The City will not take part directly in negotiations regarding the property but will apply for state or federal funding on behalf of an interested nonprofit entity, if necessary, to protect the affordability of the rental units. The City will request that the property owners provide evidence that they have complied with state and federal regulations regarding notice to tenants and other procedural matters related to conversion. o Work with the Housing Authority to ensure that low-income tenants displaced as a result of a conversion receive priority for federal housing vouchers. o Ensure that tenants are adequately notified throughout the preservation/acquisition process as to the status of their housing units, impacts of the ownership change or preservation process on occupancy and rents, their rights and responsibilities as tenants, and who to contact with questions or concerns. The City will work with the responsible entity (whether the existing property owner, the Housing Authority, a nonprofit entity, or a new for-profit entity) to distribute information and conduct tenant meetings, as needed, to keep residents informed of the preservation process, tenant options, and what to expect once the process has been completed.
 Program H-C-31: Regional Approach to Affordable Housing.

To continue to meet affordable housing needs, the City will work with Sutter County will to assist in obtaining funding for any planned affordable housing projects that are to be annexed. Annexation agreements/written documents will identify any such projects and will outline develop joint funding strategies to subsidize and support the construction of affordable housing.  Program H-D-1: Partner with Housing Advocates.

Continue and expand, partnerships with for-profit or nonprofit housing organizations to provide affordable housing., including the Regional Housing Authority, to provide affordable housing for specialneeds groups, including but not limited to low, very-low and extremely-low-income households. Contract with additional organizations to provide housing services and information for special needs groups within the City needs groups within the city. Work with service providers so that City staff can engage directly with their clients to hear first-hand the needs of the residents in Yuba City. Meet with organizations to identify sites for affordable housing in high resource areas and provide technical assistance, when requested,

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

in identifying funding to subsidize units. Increasing the supply of affordable housing and focusing this development in high resource areas will combat concentrations of lower-income households that currently exists in downtown and will provide opportunities for housing mobility.  Program H-D-85: Housing for Special Needs Groups.

The City will work with housing providers to ensure that special housing needs and the needs of lowerlow, very-low and extremely low-income households are addressed, for seniors, large families, female headed households, female-headed households with children, persons with disabilities and developmental disabilities, extremely low-income households, and homeless individuals and families especially residents in low-resource areas. The City will seek to meet these special housing needs through a combination of regulatory incentives, zoning standards, new housing construction programs, and supportive services programs. The City will promote market-rate and affordable housing sites, housing programs, and financial assistance available from the city, county, state, and federal governments. In addition, as appropriate, the City will apply or support others’ applications for funding under state and federal programs designated specifically for special -needs groups and other lower-income households such as seniors, persons with disabilities, extremely low-income households, and persons at risk for homelessness.  Program H-D-7 H-F-1: Affirmatively Furthering Fair Housing.

Continue to promote equal housing opportunities to educate residents, developers, nonprofit organizations, and decision-makers on Fair Housing, including holding an annual fair housing fair.

Continue to provide notice and information on fair housing rights and responsibilities by providing information at the Development Services Department counter, on the City’s website, and other centers and public facilities throughout the community. The City will disseminate information in languages other than English and where appropriate through various forms of non-written media.

Refer known incidents of discrimination in lending practices and the sale or rental of housing to US Department of Housing and Urban Development (HUD), California Department of Fair Employment and Housing, and California Department of Consumer Affairs and/or California Rural Legal Assistance for action.

Implement the City’s Analysis of Impediments to Fair Housing Choice (AI), adopted in 2020, to address disparities in housing needs and in access to opportunity for all persons regardless of race, color, religion, sex, national origin, familial status, disability, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, veteran or military status, source of income, and genetic information as protected categories by the California Fair Employment and Housing Act (Part 2.8, commencing with Section 12900, of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

The City also identified barriers to fair housing through the Fair Housing Assessment (see Section 4, Assessment of Fair Housing). Specific actions the City may take to address the identified barriers, and foster an inclusive community, include:

1. Implement Programs H-A-1 and H-A-2 to affirmatively further fair housing, including targeting community revitalization through place-based programs, enhancing mobility

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 15
between neighborhoods, and developing strategies to reduce displacement risk in areas with a higher concentration of lower-income households and overpayment (e.g., Programs H-B1, H-B-2, H-C-3, H-D-1) and facilitating affordable housing in high opportunity areas (e.g., Programs H-A-2, H-A-3, and H-C-5).

2. Support nonprofit organizations in their efforts to combat lending practices that disproportionately impact people in protected classes including race, color, national origin, religion, sex, age, or disability. Meet with non-profits annually.

3. Include residents from areas of concentrated poverty and low-resource areas to serve on boards, committees, task forces and other local government decision-making bodies each time a vacancy is filled. Translation of materials and translators should be provided by the City, as needed.

4. Each time a housing project is proposed that may influence a particular group or neighborhood, the City will make efforts to distribute information on the project to ensure that the group or neighborhood is made aware of the project and the process and has the opportunity to respond.

5. Incentivize construction of multiple-family housing with three- and four-bedroom units for large families by prioritizing projects that include three or more bedrooms and providing incentives, such as fee waivers when funding is available, deferrals, or reduced parking on a project-specific basis.

6. As complaints or inquiries are received, continue to refer fair housing matters to HUD’s Office of Fair Housing and Equal Opportunity (FHEO), and the California Department of Fair Employment and Housing (DFEH), and nonprofit organizations such as California Rural Legal Assistance (CRLA).

7. Meet biannually with fair housing enforcement organizations and agencies to identify any patterns or dominant fair housing issues in the city and discuss strategies to address these.

8. By December 2021, make materials on fair housing laws available at public locations, such as the library, grocery stores, and City Hall. Update materials annually, or as needed.

9. Ensure non-English-speaking applicants have access to programs through advertising and outreach, including accommodation for translation services.

10. Ensure that City-funded activities are dispersed throughout the city limits, avoiding concentrations in any particular census tract.

11. Apply annually for funding to actively reinvest in the most dilapidated areas of the city.

12. Provide biannual training to landlords on fair housing laws, responsibilities, and avoiding discriminatory practices.

13. Meet with Yuba City Unified School District by October 2022 to discuss strategies to develop a teacher incentive program to attract and retain high-quality teachers.

14. Promote Sutter County’s CalWorks Program through making informational materials available at City buildings and meetings by May 2022 to improve access to employment training, assistance, and job opportunities.

15. Within one year of adoption of the Housing Element, create programs to prevent and mitigate displacement:

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

− Create a rent stabilization program beyond what is required by California Civil Code 1946.2
− Create a just cause eviction program to improve tenant stability beyond what is required by California Civil Code 1946.2.
− Address residential demolitions as a cause of displacement (see also Program H-C-3).

See also Program H-B-2 for efforts to enhance housing mobility.

Program H-A-3, Program H-D-4, Program H-D-5, and Program H-D-9 were combined and amended as one program – Program H-D-3: Facilitate Construction of Special-Needs Housing:
 Program H-D-3: Facilitate Construction of Special-Needs Housing. The City will remove barriers for special-needs groups, including but not limited to low, very-low, and extremely-low-income households, by amending the zoning code to address the following:
 Transitional and Supportive Housing. Allow transitional and supportive housing as a residential use in all zones allowing residential uses, subject only to those restrictions that apply to other residential uses of the same type in the same zone and without any discretionary action. Additionally, permit supportive housing by right in any non-residential or mixed-use zone that permits multifamily (AB 2162, Government Code Section 65583(c)(3)).
 Reasonable Accommodation. In compliance with Government Code Section 65583(c)(3), the City will develop and formalize a process that a person with disabilities will need to go through to make a reasonable accommodation request to accommodate the needs of persons with disabilities and streamline the permit review process. The City will provide information to individuals with disabilities regarding reasonable accommodation policies, practices, and procedures based on the guidelines from the California Department of Housing and Community Development (HCD). This information will be available through postings and pamphlets at the City and on the City’s website.  Employee Housing. Treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Health and Safety Code Section 17021.5). The zoning code will also be amended to treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted. Add a definition for employee housing to the zoning code.  Single-Room Occupancy Units. Allow single-room occupancy (SRO) housing without a use permit in commercial zones, as other residential uses are regulated in the City’s zoning code (Government Code Section 65583(c)(1)).
 Factory Built and Mobile Homes. Allow Factory Built and Mobile Homes as a principally permitted use in the R-1 zone, per Government Code Section 65852.3.  Emergency Shelter Parking. The City will review and revise parking requirements for emergency shelters to ensure that parking standards are sufficient to accommodate all staff, provided standards

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 17
do not require more parking for emergency shelters than other residential or commercial uses within the M-1 district, per Government Code Section 65583(a)(4).  Low-Barrier Navigation Centers. Allow low-barrier navigation centers, a type of emergency shelter with wrap-around services, homeless persons by right in zones that allow for mixed-use and nonresidential zones permitting multifamily uses, per Government Code Section 65662.  Definitions. Add the following definitions related to transitional and supportive housing per Government Code Sections 65582(f), (g) and (h):
− “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. − “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 [commencing with Section 4500] of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
− “Transitional housing” means buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

The following ten programs are new to the City and are included in the proposed 2021–2029 Housing Element:
 Program H-A-4: Infrastructure Provision and Financing.

Minimize infrastructure costs for residential development by identifying infrastructure needs and available sources of funding for infrastructure improvements. The City will analyze existing and potential infrastructure financing measures for their ability to meet infrastructure needs without an adverse impact to housing costs and identify and apply for state, federal or United States Department of Agriculture (USDA) infrastructure funding programs to support improvement efforts. The City shall monitor the cost of infrastructure and associated fees on development to determine whether they impact the production of housing and will develop a strategy to reduce costs for developers, if needed. The City will focus the implementation of this program in areas of concentrated poverty.

The City will continue to implement its water and wastewater fees financing program which provides a method for customers to have the connection and extension impact fees financed through property tax assessment over a 10-year period, along with interest and administrative fees. The fees financing program will be focused on promoting the development of multifamily housing in high resource areas to encourage housing mobility.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

The City will implement its Water Treatment Plant and Distribution Master Plan (adopted in January 2019) and the Wastewater Treatment Facility and Collection System Master Plan (adopted August 2020) which identify specific infrastructure needs within the City, and continue to annually budget funds to perform those repairs and improvements of existing deficient utility infrastructure in low income areas of the City.

The City will continue to monitor and budget available water and wastewater funds to provide rehabilitation and improvements of deficient utilities in low-income areas to comprehensively improve infrastructure and community amenities to promote equitable quality of life. The City will coordinate with SACOG through the Green Zones program to promote infill development and will work to find available resources to ensure utility infrastructure is in place to provide for housing development and redevelopment.  Program H-A-5: Permit Streamlining Process.

The City will establish a written policy or procedure and other guidance as appropriate to specify the Senate Bill 35 (SB 35) streamlining approval process and standards for eligible projects, as set forth under California Government Code Section 65913.4.
 Program H-A-6: Density Bonus.

The City will codify the City’s density bonus ordinance in compliance with the state’s density bonus law (Government Code Section 65915, as revised) and will continue to offer specific incentives for the development of individual or group-care housing affordable to seniors and special-needs population through City-specific density bonuses, reduced parking requirements, and development fee reductions for projects in infill locations. The City will promote the availability of density bonuses to affordable housing providers to increase supply of subsidized units and will work with developers to identify sites for high density affordable housing in high resource areas outside of downtown.  Program H-A-7: SB 2 Implementation.

As part of the City’s SB 2 grant workplan, the City plans to complete focused work related to the minor update of the City’s General Plan to align it with current state laws. The update to the General Plan will help the City to establish, adopt, and implement objectives and policies to promote development of more by-right housing and sustainability.

The City plans to use SB 2 funding to further the following tasks related to the General Plan update:
• Community outreach and study sessions to identify updates and policy changes to be addressed. • Preparation of a background report of existing conditions. • Update all required elements of the General Plan to meet new state law requirements. • Review the City’s zoning code to identify immediate and future changes. • Conduct an environmental analysis and adopt a Supplemental EIR.  Program H-A-8: Objective Design Standards.

As described in Section 6, Constraints, to comply with Government Code Section 65589.5, the City will update subjective design guidelines with objective standards, ensuring a balance between predictability for

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 19
housing development applicants and flexibility in design choices. Objective design standards are defined in Government Code Sections 65913.4 and 66300(a)(7) as standards that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.”
 Program H-C-3: Residential Demolitions.

To mitigate the loss of affordable housing units, new housing developments shall be required to replace all affordable housing units lost due to new development. In accordance with Section 65583.2, subdivision (g), the City will require replacement housing units subject to the requirements of Government Code Section 65915, subdivision (c)(3) on sites identified in the site inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lowerincome households at any time during the previous five years. This requirement applies to:
• Non-vacant sites
• Vacant sites with previous residential uses that have been vacated or demolished.

In conjunction with the commitment in Program H-F-1 (Within one year of adoption of the Housing Element, create programs to prevent and mitigate displacement) the City will address residential demolitions as a cause of displacement and implement actions in accordance with State law to prevent or mitigate displacement as a result of residential demolitions.
 Program H-C-4: Water and Sewer for Lower-Income Housing.

In compliance with Chapter 727, Statues of 2004 (SB 1087), upon completion of the adopted Housing Element, the City will immediately deliver the Housing Element to the City’s Public Works Department, along with a summary of its regional housing needs allocation. In addition, the City’s Public Works Department must grant priority for service allocations to proposed developments that include housing units affordable to lower-income households.
 Program H-C-5: Residential Uses in Non-residential Land Use Designations.

To increase flexibility in where and how residential uses are allowed, and thus increase mobility opportunities, the City will take a variety of actions. Including:
• The City will remove the use-permit requirement for multifamily development in the C-1 and C-O zones.
• Currently, live/work residential uses are permitted in the General Plan Office and Office Park land use designations. The City commits to updating the General Plan and zoning code to allow additional residential uses in these areas.
• Currently, residential uses are allowed in commercially designated areas if they are above a business.

The City will update the General Plan and zoning code to provide greater flexibility in developing residential uses in one or more commercial zones, including allowing a building with all residential uses to occupy a portion of sites and by allowing sites to be developed with projects that are 100 percent residential uses.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

• The City will provide incentives for mixed use and residential development in areas with non-residential land uses including offering expedited review process, density bonus, fee deferrals or reductions and modifications to setback, parking and height requirements. To encourage mixed use and residential development in areas with non-residential land uses, the City shall also provide outreach to attract and support affordable housing developers in the city, including developers of senior housing, extremely low-income units, and permanent supportive housing for persons with disabilities and developmental disabilities. The City will monitor the effectiveness of its efforts to offer incentives to developers. If this program is not effective, the City will immediately implement alternative strategies such as incorporating feedback from developers on how to better encourage residential development, as well as, considering residential performance standards and rezoning and redesignating sites to residential. • The City will increase allowable heights in the C-1 zone to remove barriers to residential development.  Program H-C-6: Residential By-Right for Developments with 20% Affordable To comply with AB 1397, sites with APNs 51-540-039, 51-062-010, 51-040-011 in the land inventory in this 6th cycle Housing Element shall be allowed to be developed for residential use by-right, in accordance with Government Code 65583.2(c). This by-right (without discretionary review) requirement is only for housing developments in which at least 20 percent of the units are affordable to lower-income households.

The application of the requirement should not be used to further constrain the development of housing.

As such, housing developments that do not contain the requisite 20 percent would still be allowed to be developed according to the underlying (base) zoning. APNs 51-540-039, 51-062-010, 51-040-011 are currently zoned R-3, which does not require a use permit for multifamily housing development.  Program H-C-7: 2013-2021 and 2021-2029 Regional Housing Need In order to meet state law requirements (Government Code Sections 65583(c)(1)(A) and 65583(c)(1)(B)) to address the 2013–2021 and 2021-2029 RHNA and to ensure a sufficient selection of sites are available for higher density development, the City shall amend the General Plan and the Zoning Codes, as needed, and as detailed in Chapter 5 to provide adequate sites for 208 lower income units at a minimum of 20 dwelling units per acre on certain sites or in certain zones. The City will redesignate/rezone a minimum of

10.4 acres to Medium/High Density Residential - R-3 to meet this need. The sites redesignated/rezoned will allow up to 36 units per acre. At the minimum density of 20 units per acre, the redesignated/rezoned

10.4 acres would yield 208 units. At a realistic capacity of 25 units per acre, the redesignated/rezoned 10.4 acres could accommodate 260 units. The redesignated/rezoned sites must allow owner-occupied and rental multifamily housing “by right” without discretionary review if 20 percent or more of the units in a project proposed on the site are affordable to those with lower incomes. The redesignated/rezoned sites must be able to accommodate a minimum of 16 units per site. At least half (50 percent) of these sites shall be designated/zoned for residential uses only, except that all of the very low and low-income housing need may be accommodated on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential uses occupy 50 percent of the total floor area of a mixed-use project. The applications can be subject to design review as long as the project does not trigger the CEQA review process. Water, sewer and dry utilities are either already available at sites that will be rezoned or the City will plan for extensions so that services will be available as needed.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR
February 2022 Page 21

1.4 PURPOSE OF AN EIR ADDENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) to (3) calling for the preparation of a subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would not result in any of the conditions outlined in CEQA Guidelines Section 15162(a)(1) to (3), as the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the 2004 General Plan EIR. Accordingly, this checklist provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the proposed project.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

1. Addendum to the Adopted General Plan EIR

As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

A copy of this addendum, and all supporting documentation, may be reviewed or obtained at the City of Yuba City Planning Department, 1201 Civic Center Boulevard, Yuba City, California 95993.

February 2022 Page 23

2. CEQA Analysis

2.1 ENVIRONMENTAL ANALYSIS
The General Plan contains policies related to growth and economic development; land use; community design; transportation; parks, schools, and community facilities; public utilities; environmental conservation; and noise and safety. The General Plan is largely designed to be self-mitigating by incorporating policies and implementation measures that address and mitigate related environmental impacts, such as zoning codes and design standards.

As previously described in Section 1.2, the General Plan EIR addresses potentially significant impacts related to land use, transportation, open space and agriculture, parks and recreation, schools and community facilities, public facilities and utilities, air quality, noise, public safety, hazardous materials, geology, soils and seismicity, biological resources, hydrology, flooding and water quality, and cultural resources. Table 1-1 shows that most of the existing Housing Element policies will remain unchanged with the proposed project. The 10 new programs are either informative or would result in no physical change to the environment. The programs were modified to comply with state law, combine programs with similar intent to aid in implementation, or eliminate programs where the City has already completed the identified task.  Program H-A-1 involves informational changes that include a reference to the City exploring the feasibility of allowing the Owner Occupied Rehabilitation Program to pay for solar panels for low-income households and meeting with the Regional Housing Authority to identify and apply for funding opportunities, collaborating with the Housing Authority to target efforts in the rehabilitation assistance programs in areas of concentrated poverty, providing informational materials in languages other than English, and creating a program to prevent displacement and mitigate relocation impacts as a result of code enforcement activities.
 Program H-A-2 involves informational changes that include a reference to amending the zoning code to allows ADUs and junior ADUs in all zones where residential structures are allowed, consistent with State law, and promoting ADU construction through informational brochures; it removes a reference to amending the zoning code to allow second family residences ministerially in the R-2 and R-3 zones.  Program H-A-4 involves informational changes that include a reference to encouraging construction of affordable housing at a range of densities throughout the city, primarily in high resource areas, to combat the concentration of lower-income households downtown, improving housing mobility opportunities, and increasing the supply of subsidized units in high resource areas.  Program H-B-1 involves informational changes that include a reference to applying for additional funding to support the Regional Housing Authority’s First-Time Home Buyer Program, promoting the free HUDcertified homebuyer courses, providing materials in languages other than English, assisting first time home

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

2. CEQA Analysis

buyers in locating housing in high resource areas, and supporting nonprofit organizations in their efforts to combat lending practices that disproportionately impact people in protected classes.  Program H-B-2 involves informational changes that include a reference to directing residents of “at risk” units to obtain Section 8 vouchers and enhancing housing mobility and access to higher opportunity areas through a series of actions.
 Program H-B-3 involves informational changes that include a reference to continuing to regularly refer to the list that the Housing Authority maintains of all dwellings within the city that are subsidized by government funding or low-income housing developed through local regulations or incentives, coordinating with owners of expiring subsidies, working with tenants to provide education regarding tenant rights and conversion procedures, and lists a series of actions that the City will take if the City learns of any unexpected potential conversions or changes in ownership; it removes a reference to a series of actions that the City will take to alleviate the loss of units at risk due to conversion to market rate units.  Program H-C-3 involves informational changes that include a reference to the City working with Sutter County and developing joint funding to subsidize and support the construction of affordable housing and remove a reference to annexation agreements and written documents.  Program H-D-1 involves informational changes that include a reference to providing affordable housing for low, very-low and extremely-low-income households and other groups, working with service providers so that City staff can engage directly with their clients, meeting with organizations to identify sites for affordable housing in high resource areas, and providing technical assistance in identifying funding to subsidize units.
 Program H-D-8 involves informational changes that include a reference to working with housing providers to ensure that special housing needs and the needs of low, very-low and extremely low-income households are addressed, especially residents in low-resource areas.  Program H-D-7 involves informational changes that include a reference to implementing the City’s Analysis of Impediments to Fair Housing Choice and lists specific actions that the City may take to address barriers to fair housing; it removes a reference to continuing to provide notice and information on fair housing rights, disseminating information in languages other than English, and referring known incidents of discrimination in lending practices. These changes would not result in a physical environmental effect.

Program H-A-3, Program H-D-4, Program H-D-5, and Program H-D-9 were combined and amended as one program to aid in their implementation, as they were similar in intent. Therefore, these modifications to the existing programs would not result in any physical impacts on the environment. The proposed Housing Element consolidates many programs from the existing Housing Element to aid in implementation and eliminate redundancy. These changes would not result in a physical environmental effect.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

2. CEQA Analysis
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The 10 new programs represent changes that allow the City to:
 Identify infrastructure needs and available sources of funding for infrastructure improvements, analyze existing and potential infrastructure financing measures for their ability to meet infrastructure needs, monitor the cost of infrastructure and associated fees on development, and continue to implement its water fees financing program.
 Establish a written policy or procedure and other guidance as appropriate to specify the SB 35 streamlining approval process and standards for eligible projects.
 Codify the City’s density bonus ordinance in compliance with the state’s density bonus law, offer specific incentives for the development of individual or group-care housing affordable to seniors and special-needs population, and promote the availability of density bonuses to affordable housing providers to increase supply of subsidized units.
 Complete focused work related to the minor update of the City’s General Plan to align it with current state laws.
 Update subjective design guidelines with objective standards; require new housing developments to replace all affordable housing units lost due to new development to mitigate the loss of affordable housing units and require replacement housing units subject to the requirements of Government Code, Section 65915, subdivision (c)(3) on sites identified in the site inventory, and review options for expanding this program to address displacement in vulnerable areas.
 Immediately deliver the Housing Element to local water and sewer providers, along with a summary of its regional housing needs allocation upon completion of the adopted Housing Element.  Take a variety of actions to increase flexibility in where and how residential uses are allowed, thereby increasing mobility opportunities.
 Allow residential by-right for developments with 20 percent affordable, specifically APNs 51-540-039, 51- 062-010, 51-040-011 in the land inventory in the 6th cycle Housing Element.  Amend the General Plan and the zoning code; and provide adequate sites for 208 lower income units at a minimum of 20 dwelling units per acre on certain sites or in certain zones through rezoning.

New development resulting from these programs would occur on land designated for housing under the General Plan. Furthermore, all future development in the city would be required to comply with local regulations, including the General Plan and zoning code. Consequently, all projects would be subject to development procedures of the City, such as the municipal code, zoning code, and subdivision standards. These local regulations guide future development and would address physical impacts resulting from development.

Moreover, the City’s zoning code contains a list of permitted uses for each respective zoning district. The General Plan EIR anticipated physical impacts associated with the permitted uses in the City’s zoning code and

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

2. CEQA Analysis

would, therefore, not result in a new impact as part of development. The policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to all development.

All future low-barrier navigation centers, transitional and supportive housing, and residential developments with 20 percent affordable by-right—as described in Program H-D-3: Facilitate Construction of Special-Needs, and Program H-C-6: Residential By-Right for Developments with 20% Affordable—would be required to be evaluated in accordance with the zoning code, as outlined in Chapter 5 of the City’s Zoning Regulations. Future by-right development would still be subject to federal, state, and local policies related to land use, such as the Migratory Bird Treaty Act, wetland conservation, and construction air quality permitting. Moreover, the City maintains a thorough building permit review process that would ensure compliance with federal, state, and local regulations, such as dust control, stormwater runoff, and water quality, prior to the issuance of any building permit. The building permit review process is independent of the CEQA process and would be unaffected by the change to by-right zoning. Additionally, prior to issuance of any building permit, a project applicant is required to pay development impact fees (Chapter 10 of the municipal code), which would address potential impacts to public services. The policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR.

The proposed Housing Element establishes targets for the income accessibility of future housing; however, the ability to construct the housing is based on designations in the Land Use Element. The proposed Housing Element also identifies a number of sites that could potentially accommodate the City’s RHNA; however, it would not include any rezoning or general plan amendments at this time. When specific sites are selected for rezoning and/or general plan amendments, the physical effects of development on those sites will be evaluated.

Since no rezoning or general plan amendments would occur at this time, the Land Use Element would remain unchanged from the document evaluated in the General Plan EIR until specific sites are selected for development and/or for rezoning or general plan land use amendments. Physical change to the environment would occur from implementation of the Land Use Element of the General Plan, but not the proposed Housing Element. Therefore, development of housing as considered in the proposed Housing Element would be consistent with what was analyzed in the General Plan EIR. Because the proposed Housing Element does not affect the land use pattern of the city or result in any physical change to the environment, and because the General Plan EIR evaluated the existing land use pattern and includes policies and programs to address environmental impacts, the update to the Housing Element would not result in any new environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR.

All future development in Yuba City would be required to comply with local regulations, including the General Plan, Zoning Ordinance, and subdivision standards. These local regulations guide future development and would address potential physical impacts resulting from development. Moreover, the City’s zoning code contains a list of permitted uses for each respective zoning district. The General Plan EIR evaluated permitted uses and anticipated physical impacts associated with development, and therefore the proposed project would result in no new impact as part of development. Because the proposed project does not change the permitted uses allowed by the Zoning Ordinance, there would be no new impact. Building regulations are applied as part of the building permit process and are independent of CEQA.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

2. CEQA Analysis
February 2022 Page 27
Because the proposed 2021–2029 Housing Element does not change any land use designation or zone district, the impacts of the proposed project would be no more substantial than analyzed in the General Plan EIR. No new mitigation measures are necessary.

2.2 FINDING
The discussion in this addendum confirms that the proposed project has been evaluated for potential significant impacts pursuant to CEQA. The discussion is meaningfully different than a determination that a project is “exempt” from CEQA review, because the proposed 2021–2029 Housing Element update is not exempt.

Rather, the determination here is that the 2004 General Plan EIR evaluated the physical impacts likely to result from future development. Because the proposed 2021–2029 Housing Element does not change any land use designation or approve any development, the General Plan EIR provides a sufficient and adequate analysis of the environmental impacts of the proposed 2021–2029 Housing Element.

There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. The proposed project consists entirely of land uses permitted by project sites’ existing General Plan land use designation and zoning and represents no change from the impacts that were assumed and analyzed by the General Plan EIR.

As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 mandating the preparation of a subsequent EIR, and the appropriate environmental document authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared.

The following identifies the standards in Section 15162 of the CEQA Guidelines as they relate to the proposed project. The text that follows the provisions of the law relates to the proposed 2021–2029 Housing Element.

1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

As discussed previously, the program changes included in the proposed Housing Element are limited to complying with state law, combining programs with similar intent to aid in implementation, or elimination of programs where the City has already completed the identified task. The proposed Housing Element also identifies a number of sites that could potentially accommodate the City’s RHNA; however, it would not include any rezoning or general plan amendments at this time. Because the proposed Housing Element would not affect the land use pattern of the city or result in any physical change to the environment, the update to the Housing Element would not result in any new environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR. Environmental review would be performed when changes to zoning and general plan land uses are proposed. All development in Yuba City must be consistent with the General Plan, and if a discretionary action, would also be subject to CEQA.

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

2. CEQA Analysis

The proposed changes to the Zoning Code identified in Table 1-1 represent modification of existing policy to either streamline development that is already allowed or make the code consistent with state law or implement new programs. As all the sites that these modified programs would affect are currently designated for development in the Land Use Element of the General Plan, there would be no change in the physical impact associated with future development. Therefore, policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR.

2. The project will have one or more significant effects not discussed in the previous EIR.

As discussed previously, the proposed Housing Element programs are similar to the existing policies of the General Plan. The proposed 2021–2029 Housing Element includes 14 amended programs and 10 new programs. As stated previously, these amended and new programs would not result in new significant environmental impacts.

3. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

The proposed project would have the same significant impacts as those disclosed in the certified General Plan EIR. The General Plan EIR identified potentially significant impacts for land use, transportation, open space and agriculture, parks and recreation, schools and community facilities, public facilities and utilities, air quality, noise, public safety, hazardous materials, geology, soils and seismicity, biological resources, hydrology, flooding and water quality, and cultural resources. The policies identified in the General Plan EIR to reduce physical environmental effects would also apply to the proposed project. The proposed Housing Element identifies a number of sites that could potentially accommodate the City’s RHNA; however, it would not include any rezoning or general plan amendments. Therefore, the Land Use Element would remain unchanged from the document evaluated in the General Plan EIR until specific sites are selected for development. Physical change to the environment would occur from implementation of the Land Use Element of the General Plan, not the proposed Housing Element. Because the proposed project does not include land use changes and the new and amended programs identified in Table 1-1 would not affect land use patterns in the city or result in physical changes to the environment, there would be no new or more severe significant impacts associated with the proposed 2021–2029 Housing Element.

4. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the General Plan EIR.

Moreover, the proposed project would not create new impacts or the need for additional mitigation measures. The policies identified in the General Plan EIR would reduce physical environmental effects associated with future development. These policies in the General Plan EIR would also apply to the 2021– 2029 Housing Element. The City is required to adopt a Housing Element, and the element must be reviewed and certified by the Housing and Community Development Department. There is no feasible alternative to adopting a Housing Element. The update to the Housing Element would not result in

ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021 – 2029 HOUSING ELEMENT UPDATE

CITY OF YUBA CITY

2. CEQA Analysis
February 2022 Page 29
significant environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR; therefore, there is no need for new mitigation measures.

5. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would have the same significant impacts as the previously certified General Plan EIR, and all associated policies identified in the General Plan EIR to reduce physical environmental effects would apply to all future development. As stated in the response to Standard 4, there would be no new significant impacts resulting from adoption of the 2021–2029 Housing Element; therefore, there would be no new mitigation measures or alternatives required for the proposed Housing Element.

ATTACHMENT 3

ATTACHMENT 5

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
August 12, 2021
Benjamin Moody, Director
Development Services Department
City of Yuba City
1201 Civic Center Boulevard,
Yuba City, CA 95993
Dear Benjamin Moody:

RE: Review of City of Yuba City’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Yuba City’s (City) draft housing element received for review on June 15, 2021 along with revisions received July 31, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on July 28, 2021 with Assistant Planner Ashley Potočnik and the City’s consultants Nicole West and Jennifer Gastelum.

The draft element addresses many statutory requirements; however, the following revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

1. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated incomelevel, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)

Benjamin Moody, Development Service Directors

Specific/Master Plan Areas: The element may utilize residential capacity in specific plans to accommodate the regional housing need allocation (RHNA) but should account for the number of units realistically anticipated to occur in the planning period. For example, if a specific plan has an anticipated build out horizon of 20 years, the number of units should be adjusted for the eight-year planning period. In most cases, the element either discounts the number of units or demonstrates the specific plan capacity is reasonable within the planning period. However, the element should include additional discussion for the El Margarita Master Plan. For example, the element states the development timeline for this master plan depends on when a proposal is received from a developer but should also discuss the anticipated timeline or build-out horizon and adjust capacity assumptions if appropriate.

Unaccommodated Need: The element includes Program H-C-7 to address a shortfall of adequate sites and unaccommodated need from the prior planning period. Government Code section 65584.09 requires the unaccommodated housing need to be addressed (rezoned) within the first year of the new planning period. For your information, while Program H-C-7 commits to rezone sites by May 15, 2022 (first year of the planning period), if a year lapses without completion of the committed rezoning, the element will no longer meet this statutory requirement.

Emergency Shelters: Zoning for emergency shelters may impose sufficient parking to accommodate all staff provided the standards do not exceed parking requirements for other residential or commercial uses within the zone. The element describes off street parking for emergency shelters is imposed at a ratio of one space per six beds plus parking for staff. These parking provisions appear in excess of parking for staff, and as a result, the element should include a program to address the constraint.

Programs: As noted in the findings above, the element does not contain a complete sites inventory and analysis. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. 2 Promote and affirmatively further fair housing (AFFH) 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 protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov.

Code, § 65583, subd. (c)(5).)
Goals, Priorities, Metrics, and Milestones: While the element includes some programs to AFFH, actions must be significant and meaningful enough to overcome

Benjamin Moody, Development Service Directors

identified patterns and trends. Specifically, the element should add place-based strategies for community preservation and revitalization and displacement protection. For example, the element could reflect or amend the Central City Specific Plan to comprehensively improve infrastructure and community amenities and promote equitable quality of life. Program H-A-4 could be targeted to areas of concentrated poverty. Program H-C-3 could be expanded to address displacement in vulnerable areas. Program H-D-6 could be expanded to explore integrated housing opportunities. Further, actions must have metrics and milestones as appropriate and geared toward AFFH.

The element will meet the statutory requirements of State Housing Element Law once it has been revised to comply with the above requirements.

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 must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.

As a reminder, the City’s 6th cycle housing element was due May 15, 2021. 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.

To remain on an eight-year planning cycle, the City must adopt its housing element within 120 calendar days from the statutory due date of May 15, 2021 for Sacramento Area Council of Governments (SACOG) localities. If adopted after this date, Government Code section 65588, subdivision (e)(4), requires the housing element be revised every four years until adopting at least two consecutive revisions by the statutory deadline. For more information on housing element adoption requirements, please visit our website at:
http://www.hcd.ca.gov/community-development/housing-element/housing-elementmemos/docs/sb375_final100413.pdf.

For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Benjamin Moody, Development Service Directors

Several federal, state, and regional funding programs consider housing element compliance as an eligibility criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

HCD appreciates the hard work and dedication of the housing element update team in preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Irvin Saldana, of our staff, at [email protected].

Sincerely,
Shannan West
Land Use & Planning Unit Chief

Agenda Item 18

CITY OF YUBA CITY

STAFF REPORT
Date: March 1, 2022
To: Honorable Mayor & Members of the City Council
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Senate Bill 9 and Accessory Dwelling Unit Ordinance Amendments Recommendation: A. Conduct a Public Hearing, and;
B. Introduce an Ordinance to update the Yuba City Municipal Code to establish regulations for Urban Lot Splits and two-unit developments in accordance with Senate Bill 9, and adopt amendments to regulations of Accessory Dwelling Units and Junior Accessory Dwelling Units, by title only and waive the first reading Fiscal Impact: Costs associated with Accessory Dwelling Units and Junior Accessory Dwelling units will be recouped by the existing Building Permit fee structure, with staff coordinating to provide a new Urban Lot Split fee for Council consideration.

Purpose:

Modify the Yuba City Municipal Code to address Senate Bill 9 and Urban Lot Split and establish Accessory Dwelling Units criteria.

Council's Strategic Goal:

This Ordinance update does not directly meet one of Council’s strategic goals. The action is necessary to maintain compliance with new state laws and will help provide additional options to meet the City’s Regional Housing Needs Allocation for more housing.

Background:

Senate Bill No. 9 (SB 9) became effective on January 1, 2022. This bill requires the approval of up to two primary dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted. This is in addition to permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in some cases. Additionally, SB 9 requires the approval of lot splits in single-family residential zones and allows up to two units to be built on each resulting parcel. SB 9 allows cities to establish objective standards to govern these units and lots splits, as long as they do not conflict with state law.

State law also requires cities to allow the development of accessory dwelling units and junior accessory dwelling units, under certain conditions, and allows cities to establish development standards for ADUs

and JADUs that do not conflict with state law. The Yuba City Municipal Code includes some development standards for ADUs but state law regulations have been revised substantially in recent years, so the City’s regulations need to be updated.

The Ordinance was presented for consideration at the January 26, 2022 Planning Commission meeting, and passed with a vote of 6-0, with one commissioner being absent.

Analysis:

SB 9 Regulations
SB 9 has two primary effects on City land use regulations. First, it requires cities to permit up to two primary residences on each parcel in an R-1 zone, where previously only one primary residence would be allowed. When combined with ADUs and JADUs, this means that a parcel in the R-1 zone could have up to 4 dwelling units.

Second, SB 9 requires cities to permit owners of R-1 lots to split their lots in half and create two separate smaller parcels, even if the resulting lot sizes are smaller than the minimum lot size otherwise allowed in the R-1 zone. New lots resulting from an SB 9 lot split may have up to two units on them, inclusive of ADUs and JADUs.

State law places several limitations on SB 9 units and lot splits, and these limitations are included in the proposed ordinance. They include (but are not limited to) the following:
 SB 9 only applies in R-1 zones.
 SB 9 does not apply to parcels that are located in or on certain kinds of protected farmland; wetlands; high fire severity zones (subject to some exceptions); hazardous waste sites; earthquake fault zones; flood hazard areas; habitat for protected species; or land under a conservation easement.
 SB 9 does not apply to land located in a historic district.  SB 9 does not allow developments that would result in the demolition or alteration of existing affordable or rental housing.
 One off-street parking space is required per unit, with some exceptions.  Units developed under SB 9 cannot be used as short-term rentals (less than 31 days).  Parcels resulting from an SB 9 lot split must be at least 1,200 square feet and must be at least 40% of the original parcel size
 The applicant for an SB 9 lot split must sign an affidavit stating that the applicant intends to occupy one of the housing units as their primary residence for a minimum of three years from the date of the approval of the lot split. No other owner-occupancy requirements may be imposed.
 A city may deny a proposed SB 9 development project or lot split if the building official makes a written finding based upon a preponderance of the evidence, that the proposed project would have a specific adverse impact (as defined) upon public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

In addition to the regulations required by state law, the proposed ordinance would also establish the following supplemental regulations, which are allowed, but not required, but state law:
 Units developed under SB 9 may be no larger than 1,200 square feet, unless they are located completely within an existing permitted structure, in which case there is no size limit.

 Applications for SB 9 units will be reviewed administratively through the zoning clearance process.

ADU/JADU Regulations
The proposed ordinance would establish the following regulations for ADUs and JADUs:
 ADUs and JADUs are allowed in all zones that allow multifamily and/or single-family residences.
 Applications for ADUs and JADUs will be reviewed administratively through the zoning clearance process.
 JADUs may only be up to 500 square feet and must be located within a single-family residence.  Size limit for ADUs: (i) 1,200 square feet for detached ADUs; (ii) 1,200 square feet or 50% of the primary dwelling structure, whichever is less, for attached ADUs; and (iii) no size limit for ADUs located completely with an existing permitted structure.  ADUs must include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.
 JADUs must include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen (as defined). JADUs may include separate sanitation facilities or may share sanitation facilities with the primary residence.
 JADUs and ADUs must have their own separate entrances.  The architectural design and detailing, roof material, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling.
 In general, one parking space is required for each ADU; however, there are many significant exceptions to this requirement. The City cannot requirement parking spaces for JADUs.  ADUs and JADUs cannot be used for short-term rentals (less than 31 days).  The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure.

The proposed regulations comply with state law, create additional housing options in the City, and also impose reasonable regulations designed to preserve the character of existing neighborhoods to extent allowed under state law.

Environmental Determination:

City staff has performed a preliminary environmental assessment and has determined that the adoption of SB 9 regulations is not a “project” for purposes of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n). Additionally, the adoption of an ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, the proposed ordinance does not require any environmental review under CEQA.

Fiscal Impact:

Costs associated with Accessory Dwelling Units and Junior Accessory Dwelling units will be recouped by the existing Building Permit fee structure, with staff coordinating to provide a new Urban Lot Split fee

for Council consideration.

Alternatives:

1. Reject staff recommendation.

2. Provide staff with modification.

Recommendation:

A. Conduct a Public Hearing, and;
B. Introduce an Ordinance to update the Yuba City Municipal Code to establish regulations for Urban Lot Splits and two-unit developments in accordance with Senate Bill 9, and adopt amendments to regulations of Accessory Dwelling Units and Junior Accessory Dwelling Units, by title only and waive the first reading.

Attachments:

1. SB 9_ADU Ordinance_CC
Prepared By: Submitted By:

Jaspreet Kaur
Assistant Planner
Diana Langley
City Manager

ATTACHMENT 1

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9, AND ADOPTING

AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill 9 (SB 9), which took effect on January 1, 2022. This bill requires the ministerial approval of two dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted, and requires ministerial approval of lot splits in single-family residential zones and allows two units to be built on each resulting parcel; and WHEREAS, the City Council desires to establish objective standards governing units and lots splits authorized by SB 9; and
WHEREAS, changes in state law require updates to the City’s regulations of accessory dwelling units and junior accessory dwelling units; and WHEREAS, the Planning Commission considered this ordinance at its meeting on January 26, 2022, and made a recommendation to the City Council.

NOW THEREFORE, the City Council of the City of Yuba City does hereby ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated by reference.

SECTION 2. CEQA. The City Council finds and determines that the adoption of SB 9 regulations is not a “project” for purposes of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n). Additionally, the adoption of an ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, the proposed ordinance does not require any environmental review under CEQA.

SECTION 3. The definition of “Vesting tentative map,” currently codified in Section 8-

2.1317 of the Yuba City Municipal Code, is relocated to a new Section 8.2-1318, and a definition of “Urban lot split” is hereby added as Section 8-2.1317 of the Yuba City Municipal Code and shall read as follows (additions in bold underline):

Sec. 8-2.1317. - Urban lot split.
“Urban lot split” shall mean the division of a single parcel into two separate parcels in compliance with the provisions of Article 16 of Chapter 2 of Title 8 (Urban Lot Splits).

SECTION 4. Article 16 (Urban Lot Splits) is hereby added to Chapter 2 of Title 8 of the Yuba City Municipal Code and shall read as follows (additions in bold underline):

Article 16. - Urban Lot Splits
Sec. 8-2.1601. - Purpose.

The purpose of this article is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7.

Sec. 8-2.1602. - Ministerial review; standard for denial. (a) Notwithstanding any other provision of this code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this article.
(b) An application for an urban lot split shall be approved or denied by the City Engineer.
(c) The decision the City Engineer may be appealed in accordance with the provisions of Article 11 of Chapter 2 of Title 8.
(d) Notwithstanding subsection (a), the City may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Sec. 8-2.1603. - Parcel requirements.

The parcel that is proposed for subdivision through an urban lot split:
(a) Shall be located in an R-1 zoning district;
(b) Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved;
(c) Shall only have residential uses located on it on the date the urban lot split is approved;
(d) Shall satisfy all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code Section 65913.4; (e) Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance;
(f) Shall not have been created through a previous urban lot split; and (g) Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the

urban lot split is proposed or any person acting in concert with the owner.

Sec. 8-2.1604. - Additional requirements.
(a) An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that:
(1) Neither resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision; and (2) Neither resulting parcel shall be smaller than 1,200 square feet. (b) An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 8-2.1606. (c) An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (3) A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(4) Housing that has been occupied by a tenant in the last three years.
(d) As a condition of approval for an urban lot split, the applicant and owner (if different from the applicant) shall sign an affidavit, in a form approved by the City Attorney, stating that:
(1) The proposed urban lot split will not violate the requirements of subsection (c) of this section;
(2) Neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split; and
(3) The applicant intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection (d)(3) shall not

apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(e) As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the City Engineer.
(f) Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way, and, if necessary, provide the other parcel with access to the right-of-way through an easement. (g) The City shall not require as a condition of approval of an urban lot split:
(1) Dedications of rights-of-way or the construction of offsite improvements; or
(2) The correction of non-conforming zoning conditions existing on the parcel that will be divided.
(h) An urban lot split:
(1) Shall conform with all the requirements of the Subdivision Map Act; and
(2) Shall conform with all the requirements applicable to lot splits under this code, except for those requirements that conflict with the requirements of this article, in which case the provisions of this article shall control.

Sec. 8-2.1605. - Limitations applicable to new parcels.

A. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located.

B. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one (31) consecutive days.

Sec. 8-2.1606. - Limitation on number of units.

Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Section 8-5.5005

(Second units and two-unit developments), an accessory dwelling unit, or a junior accessory dwelling unit.

SECTION 5. The table in Section 8-5.502 is amended to include Accessory Dwelling Units, Junior Accessory Dwelling Units, Second Units, and Two-Unit Developments as permitted uses in One-Family Residence Districts, and footnote (4) and (5) are added, as follows (new text in bold underline, deleted text in bold strikethrough):

Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory buildings X Sec. 8-5.5001(c)
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Bed and breakfast inn X
Churches(4) X Sec. 8-5.5003(b)
Day care center(4) X
Day care home (small and
large)
X
Garage/yard sales X Sec. 8-5.5001(b)
Garden, orchard, field crops
with no retail sales from the
site(4)
X
Golf course or country club(4) X
Home occupation X Sec. 8-5.5002(b)
Keeping of animals X Sec. 8-5.5001(a)
Mobile home X Sec. 8-5.5002(a)
Mobile home parks X Sec. 8-5.5003(c)
Model homes X Sec. 8-5.5002(c)
One-family residence X
One-family residence (zero lot
line)
X Sec. 8-5.5001(e)
Parking lot for an off-site use(4) X Use occupies an
abutting property
Public parks and playgrounds(4) X
Public and quasi-public(4) X
Public utilities(4) X X Sec. 8-5.5107
Recreational facilities
(swimming pool, tennis courts
and a clubhouse)(4)
X Incidental to a
residential
development
Residential parking and/or yard
reduction or waiver
X Sec. 8-5.5003(d)
Residential care home (small) X
Residential care home (large) X
Second family residence X Sec. 8-5.5001(f)
Rotating church cold weather
shelter(4)
X Sec. 8-5.5002(d)

Second unit(5) X Sec. 8-5.5005
Swimming pool/spa X
Two-unit development(5) X Sec. 8-5.5005
(1) See Section 8-5.7001 for review process explanation. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation. (4) Notwithstanding anything indicating otherwise in this Table, this use is prohibited on a parcel that was created by an urban lot split, pursuant to Article 16 (Urban Lot Splits) of Chapter 2 of Title 8 of this code. (5) Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited if the finding of a specific, adverse impact is made in accordance with Section 8-5.5005(B)(3).

SECTION 6. The table in Section 8-5.602 is amended to include Accessory Dwelling Units and Junior Accessory Dwelling Units as a permitted use in Two-Family Residence Districts, as follows (new text in bold underline):

Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory buildings X Sec. 8-5.5001(c)
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Bed and breakfast inn X
Churches X Sec. 8-5.5003(b)
Day care home (small and
large)
X
Garage/yard sales X Sec. 8-5.5001(b)
Garden, orchard, field crops
with no retail sales from the site
X
Golf course or country club X
Home occupation X Sec. 8-5.5002(b)
Keeping of animals X Sec. 8-5.5001(a)
Mobile home X Sec. 8-5.5002(a)
Mobile home parks X Sec. 8-5.5003(c)
Model homes X Sec. 8-5.5002(c)
One-family residence X
One-family residence (zero lot
line)
X Sec. 8-5.5001(e)
Parking lot for an off-site use X Use occupies an
abutting property
Public parks and playgrounds X
Public and quasi-public X
Public utilities X Sec. 8-5.5107

Recreational facilities
(swimming pool, tennis courts
and a clubhouse)
X Incidental to a
residential
development
Residential parking and/or yard
reduction or waiver
X Sec. 8-5.5003(d)
Residential care home (small) X
Residential care home (large) X
Rotating church cold weather
shelter
X Sec. 8-5.5002(d)
Swimming pool/spa X
Two-family residence, or 2 onefamily residences X
(1) See Section 8-5.7001 for review process explanation. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation.

SECTION 7. The table in Section 8-5.702 is amended to include Accessory Dwelling Units and Junior Accessory Dwelling Units as a permitted use in Multiple-Family Residence Districts, as follows (new text in bold underline):

Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Bed and breakfast inn X
Boarding house X
Churches X
Condominiums X
Day care center X
Day care home (small and
large)
X
Emergency shelter X
Garage/yard sales X Sec. 8-5.5001(b)
Garden, orchard, field crops
with no retail sales from the site
X
Golf course, country or health
club
X
Group residences X
Home occupation X Sec. 8-5.5002(b)
Keeping of animals X Sec. 8-5.5001(a)
Mobile home X Sec. 8-5.5002(a)
Mobile home parks X Sec. 8-5.5003(c)
Model homes X Sec. 8-5.5002(c)
Multiple-family residences X
One-family residences X

Office (professional and
business)
X
Parking lot for an off-site use X Use occupies an
abutting property
Public parks and playgrounds X
Public and quasi-public X
Public utilities X Sec. 8-5.5107
Recreational facilities
(swimming pool, tennis courts
and a clubhouse)
X Incidental to a
residential
development
Residential parking and/or yard
reduction or waiver
X Sec. 8-5.5003(d)
Residential care home (small
and large)
X
Rotating church cold weather
shelter
X Sec. 8-5.5002(d)
Senior congregate care facility X Sec. 8-5.7001(a)
Service and social clubs X
Skilled nursing and
intermediate care facilities
X Sec. 8-5.7001(a)
Studios for music, dancing and
art
X
Swimming pool/spa X
Two-family residence X
Townhouses X
Transitional housing X
(1) See Section 8-5.7001 for review process explanation. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation.

SECTION 8. The table in Section 8-5.2502 is amended to include Accessory Dwelling Units and Junior Accessory Dwelling Units as a permitted use in Agricultural Holding Districts, as follows (new text in bold underline, deleted text in bold strikethrough):

Uses Permitted(1) Zoning
Clearance(2)
Use
Permit(3)
Specific
Standards
Accessory dwelling unit X Sec. 8-5.5004
Accessory dwelling unit,
junior
X Sec. 8-5.5004
Agricultural processing(4) X
Bed and breakfast inn X
Day care center X
Day care home (small or large) X
Garage/yard sales X Sec. 8-5.5001(b)
Horticultural and truck
gardening activities with no onsite sales
X

Animal husbandry and livestock
farming(5)
X
Heliports X
Home occupation X Sec. 8-5.5002(a)
Mobile home X Sec. 8-5.5002(a)
One-family residence X
Public parks and playgrounds X
Public and quasi-public X
Public utilities X Sec. 8-5.5107
Residential accessory buildings
(including guest houses)
X
Residential care home X
Seasonal fruit/vegetable
stands(6)
X
Second family residence X Sec. 8-5.5003(a)
Swimming pool/spa X
(1) The level of review is determined as provided in Section 8-5.7001. (2) See Section 8-5.7002 for review process explanation. (3) See Section 8-5.7003 for review process explanation. (4) Temporary facilities for the processing of agricultural products grown on the same property.
(5) Limited to no more than one large animal per each .5 acre over one acre of lot area, and no more than 12 hen chickens, rabbits and similar small creatures per each .5 acre.
(6) Temporary stands for the sale of produce grown on the premises.

SECTION 9. Section 8-5.5001(f), “Second residence in the R-1 District,” is hereby deleted in its entirety.

SECTION 10. Section 8-5.5004 is hereby added to Article 50 of Chapter 5 of Title 8 and shall read as follows (new text in bold underline):

Sec. 8-5.5004. - Accessory dwelling units.
(a) Purpose. This section is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions. (b) Definitions. For purpose of this Section, the following terms shall be defined as follows:
(1) “Multifamily dwelling” means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.

(2) “Single-family dwelling” means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.
(c) Review process. Applications for accessory dwelling units and junior accessory dwelling units pursuant to this section shall be processed ministerially, without discretionary review or a hearing, through the zoning clearance process within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (d) Consistency with density requirements, zoning, and general plan.

Accessory dwelling units and junior accessory dwelling units do not exceed the allowable density for the lot on which they are located, and are a residential use consistent with the general plan and zoning designation of the lot on which they are located.
(e) General requirements.
(1) Location.
(A) An accessory dwelling unit shall be located within a proposed or existing single-family dwelling, or an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or shall be detached from, but located on the same lot as, a proposed or existing single-family dwelling, or an existing multifamily dwelling; or shall be attached to a proposed or existing singlefamily dwelling. (B) An accessory dwelling unit located within a multifamily dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings.
(C) A junior accessory dwelling unit shall be located
entirely within a proposed or existing single-family dwelling structure.

(2) Number of units.
(A) Up to one accessory dwelling unit and one junior
accessory dwelling unit are allowed on any lot with one or more existing or proposed single-family residences.
(B) One, but not both, of the following options is permitted on a lot with an existing multifamily residence:
(i) Up to two detached accessory dwelling units; or
(ii) Accessory dwelling units within the multifamily
dwelling, as follows: The amount of accessory dwelling
units allowed within a multifamily dwelling shall be
equal to 25 percent of the amount of units in the
multifamily dwelling, provided that fractional units shall be rounded down, and at least one accessory dwelling
unit shall be allowed in each multifamily dwelling
structure. For example, one accessory dwelling unit is
allowed in a multifamily dwelling structure with seven
or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to eleven units; and three accessory dwelling units are allowed in a multifamily dwelling structure with twelve units.
(C) If a lot has both one or more existing or proposed
single-family residences and an existing multifamily
residence, the owner of the lot may elect to develop the lot under either subsection (e)(2)(A) or subsection (e)(2)(B), but not both. The owner’s election shall be noted on any
development permit issued by the City and in the deed
restriction required by subsection (h), and all future
development of accessory dwelling units and junior accessory dwelling units on the lot shall be bound by such election. (D) Notwithstanding any other provision in this Section, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 8-

2.1606.
(3) Required facilities.
(A) Accessory dwelling units shall include complete
independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and

sanitation, including a kitchen and bathroom.

Notwithstanding the previous sentence, an accessory dwelling unit located completely within an existing primary dwelling, including an attached garage, is not required to have a bathroom, if the accessory dwelling unit has direct interior access to a full bathroom (including a toilet and bath or shower) in the existing primary dwelling, and meets all requirements of the building code and all other requirements of this Section.
(B) Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen, as defined in Government Code Section 65852.22(a), as may be amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.
(4) Separate entrances. Junior accessory dwelling units and accessory dwelling units located within or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence. However, no passageway to the unit is required. For purposes of this subsection (e)(4), a “passageway” has the definition given in Government Code Section 65852.2(j), as may be amended.
(5) Development standards.
(A) Accessory dwelling units and junior accessory dwelling units shall comply with the development standards in Table 8-

5.5004(A) (Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units).

Table 8-5.5004(A): Development Standards For Accessory Dwelling Units and Junior Accessory Dwelling Units
Feature Standard
Maximum Size (Floor Area)
Accessory Dwelling Units Detached from Primary Dwelling:
1,200 square feet
Attached to or within Primary
Dwelling: 50% of the floor area of

the existing or proposed primary
dwelling structure[1] or 1,200 square
feet, whichever is less
Junior Accessory Dwelling
Units
500 square feet
Setback – Front[2] Same as required for primary
residence
Setback – Side/Rear[2] 4 feet[3]
Maximum Height[4] One-Story ADU: Up to 16 feet from
ground level.

Second-Story ADU: An ADU may be
built on top of a one-story detached
garage or other one-story detached
structure in the R-1, R-2, or R-3
zones, but may not exceed the
maximum building height for a
primary residence allowed in the
zone. For second-story ADUs in the
R-1 zone, the second story (but not
the first story) of the structure must
meet the setback requirements in
Section 8-5.503.

Two-Story ADU: Not permitted
Minimum Lot Size None
[1] Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an accessory dwelling unit or junior accessory dwelling unit that is within or attached to the primary dwelling.
[2] Notwithstanding the Table, no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure where:

(i) the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990; and (ii) the conversion or new construction will have the
same dimensions as the existing structure.
[3] If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than four feet if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than one hundred and fifty (150) square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit. If the expansion will be greater than 150 square feet or will be for a purpose other than facilitating entrance to and exit from the accessory dwelling unit, then the four-foot side and rear set back will apply.
[4] This maximum height requirement only applies to new construction. If an accessory dwelling unit or junior accessory dwelling unit will be located completely within an existing structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.
(B) Except as provided in Table 8-5.5004(A), accessory
dwelling units and junior accessory dwelling units shall comply with all building and development standards
applicable to the primary residence on the same lot, including maximum lot coverage requirements, subject to subsection (e)(5)(C), below.
(C) If the applicable maximum lot coverage requirement, or a floor area ratio or open space requirement (if any), or the 50% size ratio imposed in Table 8-5.5004(A), would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred (800) square feet and 16 feet in height, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred (800) square feet and 16 feet in height, provided that the unit shall comply will all other development

standards.
(D) Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary dwelling unit.
(E) Notwithstanding any other provision of this code,
approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property.
(F) Accessory dwelling units and junior accessory dwelling units must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permit for the accessory dwelling unit or junior accessory dwelling unit is issued.
(G) Utility connections shall be established in accordance with Chapters 5 and 6 of Title 6 of this code; provided, that the City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory
dwelling unit was constructed with a new single-family home. (H) If a manufactured home is used as an accessory
dwelling unit, it shall comply with the standards in Section 8-

5.5002(a).
(f) Design standards. The architectural design and detailing, roof material, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling.
(g) Parking requirements.
(1) One on-site parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in subsection (g)(3).
(2) No additional parking spaces are required for a junior accessory dwelling unit.
(3) Notwithstanding subsection (g)(1), no additional parking is

required for accessory dwelling units in the following circumstances:
(A) The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in
Government Code Section 65852.2(j), as may be amended.
(B) The accessory dwelling unit is located within an
architecturally and historically significant historic district. (C) The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.
(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit.
(4) Off-street parking may be provided in setback areas in locations determined by the Development Services Director or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.
(5) Off-street parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit.
(h) Deed restriction. The approval of a junior accessory dwelling unit or an accessory dwelling unit (if applicable) will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the City on the property where the unit is, or will be, located.

The covenant shall be approved by the City Attorney and the Development Services Director. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:
(1) For junior accessory dwelling units:
(A) A prohibition on the sale of the unit separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the unit that

conforms to Government Code Section 65852.22, including the owner-occupancy requirement pursuant to subsection (j). (2) For accessory dwelling units:
(A) A statement of the election made under subsection
(e)(2)(C), if any. If no election has been made, then no deed restriction is required.
(i) Sale and rental of units.
(1) Except as provided in Government Code Section 65852.26, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence. (2) An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than 31 consecutive days.
(j) Owner occupancy for junior accessory dwelling units. The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owneroccupancy is not required if the owner is a government agency, land trust, or housing organization.

SECTION 11. Section 8-5.5005 is hereby added to Article 50 of Chapter 5 of Title 8 and shall read as follows (new text in bold underline):

Section 8-5.5005. - Second units and two-unit developments. (a) Purpose. The purpose of this section is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21.
(b) Ministerial review; standard for denial.
(1) Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.
(2) An application for a second unit or a two-unit development shall be reviewed by the Development Services Director through the zoning clearance review process, subject to applicable fees.

(3) Notwithstanding subsection (1), the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or twounit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(c) General requirements. Proposed second units and two-unit developments:
(1) Shall be located in the R-1 zoning district;
(2) Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (A)(6)(K), inclusive, of Government Code Section 65913.4;
(3) Shall not require or allow the demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years;
(4) Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; (5) Shall not be located on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and
(6) Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance.

(d) Development standards. A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:
(1) Configuration. A second unit, and both units of a two-unit development, may be attached to, adjacent to, or detached from any other structure on the parcel, subject to subsections (c)(3) and (c)(4). (2) Size. A second unit, and both of the units in a two-unit development, shall be no larger than 1,200 square feet in floor area each.
(3) Height. A second unit, and both of the units in a two-unit development, shall be no taller than 16 feet in height from ground level and shall be one-story. This maximum height requirement only applies to new construction. If a second unit will be located completely within an existing permitted structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.
(4) Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 feet from the side and rear lot lines.
(5) Parking.
(A) One off-street parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two-unit development.
(B) Notwithstanding subsection (d)(5)(A), no parking
spaces are required for a second unit or a two-unit
development if either:
(i) The parcel is located within one-half mile
walking distance of either a high-quality transit
corridor, as defined in subsection (b) of Public
Resources Code Section 21155, or a major transit stop,
as defined in Public Resources Code Section 21064.3;
or
(ii) There is a car share vehicle located within one
block of the parcel.
(6) Separate entrances. A second unit, and both of the units in a two-unit development, shall have a separate entrance.

(7) Wastewater.
(A) Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.
(B) Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an onsite wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer finds that the onsite wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.
(8) Additional development standards. Except as provided in subsections (d)(1) through (d)(7), second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.
(9) Limitation on enforcement of development standards. With the exceptions of the setback requirements in subsection (d)(4) and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area.
(e) Total number of units.
(1) This Section does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units.
(2) Notwithstanding any other provision in this Section, the approval of second units and two-unit developments on a parcel that

was created through an urban lot split shall be limited as described in Section 8-2.1606.
(f) Design standards. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel. (g) Rental term. Second units and the units in a two-unit development shall not be rented for a term of less than thirty-one (31) consecutive days.

SECTION 12. The residential section of the table in Section 8-5.6102 is revised as follows (new text in bold underline, deleted text in bold strikethrough):

Residential Number of Spaces
One-family residence 2 spaces per unit.

Two-family residence 2 spaces per unit.

Mobile home parks 2 spaces (may be tandem) per unit. Plus 1 space for each 5 units for guest parking.

Multiple-family residences 1 space per studio apartment or 1 bedroom dwelling unit; 1.5 spaces per 2 bedroom dwelling unit; and 2 spaces per 3 or more bedroom dwelling unit. Plus 1 guest space for each 10 units.

Rooming houses, boarding
houses, and bed and
breakfast facilities
2 spaces, plus 1 space per room for rent.

Accessory dwelling unit See requirements in Section 8-5.5004.

Accessory dwelling unit,
junior
See requirements in Section 8-5.5004.

Second unit or two-unit
development
See requirements in Section 8-5.5005.

Second one-family residence in the R-1 District:

Housing with at least 1
resident required to be 62
years of age or older
1 space.

Containing only 1
bedroom
1 space.

Containing two or more
bedrooms
2 spaces.

Senior citizen housing
projects
.6 of a space per dwelling unit for those projects restricted to tenants who are either 62 years of age or older, or are handicapped; or
Senior citizen congregate care facility parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens, including, but not limited to, medical offices, shopping areas, transit availability, etc.

SECTION 13. A definition of “Accessory dwelling unit” is added to Article 80, “Definitions,” and Section 8-5.8002 is renumbered to Section 8-5.8002a and revised, as follows (new text in bold underline):

Sec. 8-5.8002. - Accessory dwelling unit.

An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with proposed or existing primary residence. An accessory dwelling unit includes (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007. This definition shall be interpreted to be consistent with the definition for “accessory dwelling unit” in Government Code Section 65852.2.

Sec. 8-5.8002a. - Accessory use.

A use that is incidental or subordinate to the existing primary use, is located upon the same lot, and does not alter the character of the principal use.

SECTION 14. A definition of “Junior accessory dwelling unit” is added to Article 80 of Chapter 5 of Title 8, “Definitions,” and Section 8-5.8029 is renumbered to Section 8-5.8029a, as follows (new text in bold underline):

Sec. 8-5.8029. - Junior accessory dwelling unit.

A residential dwelling unit that is no more than 500 square feet in size and is contained within a single-family residence. This definition shall be interpreted to be consistent with the definition for “junior accessory dwelling unit” in Government Code Section 65852.22.

Sec. 8-5.8029a. - Junk.

Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out, inoperable or wrecked object, vehicle, thing or material composed in whole or in part of asphalt, brick, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no reasonably realistic market value or requiring reconditioning in order to be used for its original purpose.

SECTION 15. A definition of “Second unit” is added to Article 80 of Chapter 5 of Title 8, “Definitions,” and Section 8-5.8053 is renumbered to Section 8-5.8053a, as follows (new text in bold underline):

Sec. 8-5.8053. - Second unit.

A second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing residential unit that is not an accessory dwelling unit or junior accessory dwelling unit.

Sec. 8-5.8053a. - Senior congregate care facility.

A facility providing residence for senior citizens 60 years of age or more or handicapped people of any age. Care may include central kitchen and dining, laundry, recreational activities, etc. with separate bedrooms or living quarters.

Nursing is not provided on a 24-hour basis.

SECTION 16. A definition of “Two-unit development” is added to Article 80 of Chapter 5 of Title 8, “Definitions,” as follows (new text in bold underline):

Sec. 8-5.8064a. - Two-unit development.

The simultaneous development of two new residential dwelling units on a parcel with no existing residential dwelling units other than an accessory dwelling unit.

SECTION 17. Section 8-5.8066 (definition of “Use, accessory”) is hereby deleted.

SECTION 18. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 19. Submission to Department of Housing and Community Development.

Pursuant to Government Code section 65852.2(h), a copy of this ordinance shall be submitted to the Department of Housing and Community Development within 60 days after adoption.

SECTION 20. Effective Date. This Ordinance shall be effective on the thirty-first day after its adoption.

This Ordinance was introduced on March 1, 2022, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting _________, 2022, by the following electronic vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):
______________________________
Dave Shaw, Mayor
City of Yuba City

Attest:
___________________________
Ciara Wakefield, Deputy City Clerk
City of Yuba City

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
__________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment