2017/02/09 Planning Commission Agenda PacketCity of Rohnert Park
Planning Commission
AGENDA
Thursday, February 9, 2017
6:00 P.M.
130 Avram Avenue, Rohnert Park
7o Any Member of the Audience Desirinw to Arlrlress lite Plrtnninc Commission:
For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time, you
may do so upon recognition from the Chairperson. PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL (Adams Blanquie Borba Giudice Haydon__)
DECLARATION OF ABSENTION
ACKNOWLEDGEMENT OF POSTING OF AGENDA — Agenda has been posted in
three public places: Community Center, Public Safety Building and City Hall.
PUBLIC COMMENT - Persons who wish to speak to the Commission regarding an
item that is not on the agenda may do so at this time.
CONSENT CALENDAR - ADOPTION OF MINUTES
7.1 Approval of the Draft Minutes of the Planning Commission meeting of
January 12, 2017
AGENDA ITEMS
8.1 STUDY SESSION — AVRAM HOUSE — File No. PROJ 16-0002 — Barney
Aldridge of Avram Partners, LLC — Study Session for the Avram House project, a
residential development comprised of 90 residential units located within the
Central Rohnert Park Priority Development Area, bounded by Commerce
Boulevard, Avram Avenue, Copeland Creek, and City Hall (APNs 143-380-034,
143 -380 -COM, and 143-380-037)
8.2 PUBLIC HEARING — CONDITIONAL USE PERMIT — File No. PLUP 17-
0001 — City of Rohnert Park — Considering approving a Conditional Use Permit
for a digital sign for the Rohnert Park Community Center in the P -I, Public
Institutional district located at 5401 Snyder Lane (APN 143-330-070)
Ceqa: Signs such as this are categorically exempt under the California
Environmental Quality Act. Gov. Code §15311. Accessory Structures, includes
on premise signs as being exempt from CEQA.
8.3 PUBLIC HEARING — MUNICIPAL CODE AMENDMENTS TO
ACCESSORY DWELLING UNIT ORDINANCE — File No. PLMC17-0001 —
City of Rohnert Park — Considering a recommendation to the City Council of
municipal code amendments to the Accessory Dwelling Unit ordinance, otherwise
known as secondary dwelling units or granny units, to bring into compliance with
recent amendments to state law.
Ceqa: No CEQA analysis is required for this project. Pursuant to Public
Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), "the
adoption of an ordinance regarding second units in a single-family or
multifamily zone by a city or county to implement the provisions of Sections
65852.1 and 65852.2 of the Government Code" relating to "granny" housing
and "second unit ordinances" are exempt from the requirements of CEQA.
Similarly, the ministerial approval ofADUs would not be a "project"for CEQA
purposes, and environmental review would not be required prior to approving
individual applications.
8.4 DISCUSSION — OPTIONS FOR PLANNING COMMISSION TRAINING
TOPICS
9. ITEMS FROM THE PLANNING COMMISSION
10. ITEMS FROM THE DEVELOPMENT SERVICE STAFF
11. ADJOURNMENT
Appeals of any decisions made tonight must be received by the Planning Division within 10
days and no later than 5: 00 p.m. on February 21, 2017
NOTE: If you challenge the nature of the proposed action in court, you may be limited to
raising only those issues you or someone else raised at public hearing(s) described in this
Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the
public hearing(s).
Disabled Accommodation: In compliance with the Americans with Disabilities Act, if
you need special assistance to participate in this meeting please call (707) 588-2236. Notification
72 hours in advance of the meeting will enable the city to make reasonable arrangements to
ensure accessibility to the meeting. (28 CFR 35.102.35.104 AD Title III)
CERTIFICATION OF POSTING OF AGENDA
I, Suzie Azevedo, Community Development Assistant for the City of Rohnert Park, declare that
the foregoing notice and agenda for the February 9, 2017, Planning Commission Meeting of the
City of Rohnert Park was posted and available for review on February 3, 2017, at Rohnert Park
City Hall, 130 Avram Avenue, Rohnert Park, California 94928. Theagenda is available on the
City of Rohnert Park's web site at www.rpcily.org.
Signed this 3rd day of February, 2017 at Rohnert Park, California
*g1ANXar r�Rt
�9 67
lot*
City of Rohnert Park
Planning Commission Report
DATE: February 9, 2017
ITEM NO: 8.1
SUBJECT: Avram House
LOCATION: 2.26 acre area in the Central Rohnert Park Priority Development Area, bounded
by Commerce Boulevard, Avram Avenue, Copeland Creek, and City Hall (APNs
143-380-034, 143 -380 -COM, and 143-380-037).
REQUEST: Conduct a Study Session of the Avram House Project
APPLICANT: Barney Aldridge, of Avram Partners, LLC
Re uest
Staff is requesting a study session for the Avram House project. The goal is to learn more about
the project and to discuss any potential issues. Consideration of the Site Plan and Architectural
Review application is tentatively scheduled for March 9, 2017.
Proiect Description
The Avram House apartments are located within the Central Rohnert Park Priority Development
Area (PDA). This property is the site of the former City Hall and adjacent office buildings. All
the buildings were demolished in 2016 and the site is now vacant. The Avram House project
proposes 90 residential units spread between five residential buildings ranging in height from
three to four stories. This project also takes advantage of the affordable housing density bonus
allowed by state law. In exchange of a minimum number of affordable housing units, the density
bonus increases the number of units allowed, allows for a modification to setbacks, and reduces
the amount of required parking.
• PDA. The PDA prioritizes transit -oriented infill growth. This project is located in the
Creekside Neighborhood subarea, which is characterized by multifamily complexes in
close proximity to shopping and services, with convenient access to trails and transit. As
part of the PDA process, the subject site was rezoned Downtown High Density
Residential. The PDA also calls for enhancements to the Copeland Creek trail and its
gateway at Commerce Boulevard.
r Apartments. The project proposes 90 units: 14 studios, 64 one bedroom, 8 two bedroom,
and 4 three bedroom. The units will have access to ample amenities: internal (pool, club
Page 1
house, business center) and external (the Copeland Creek Trail, proximity to bus transit,
and accessibility to shopping and services).
•
Affordable Hou.Density Bonus. The project features increased residential densities
as allowed by the density bonus ordinance (RPMC § 17.07.H) and state law (Gov. Code
§65915). Projects guaranteeing that a minimum portion of units will be affordable to
households of low or very low income are eligible for the density bonus. Seven
affordable units (very low income) will be included as part of the project. This qualifies
the project for a 32.5% density bonus, allowing more units per acre than would otherwise
be permitted. As proposed this increases the allowable unit count from 68 to 91 units.
Applicant is proposing 90 units. Included with the density bonus is one concession (a
reduction in setbacks from ten feet to five feet) that the applicant has requested and is
entitled to and parking reductions mandated by state law. Based on the 90 units, 129 total
on-site spaces would normally be required by the RPMC. However, as proposed with the
density bonus, the parking ratio is reduced, and only 102 on-site spaces are required.
Applicant is in fact planning to "over park" the site by providing 104 on-site spaces.
Sustainability Components. This project features varied strategies to reduce its
environmental impact — particularly related to air quality and greenhouse gases. Included
are: electric vehicle charging stations, pedestrian and bicycle amenities, energy efficient
building design, the ability to incorporate solar panels, onsite storm water detention and
filtration, EV charging capabilities, and other provisions to offset the carbon footprint of
the project. Applicant is also proposing improvements to the Copeland Creek trail.
Discussion
The following topics are intended to help guide but not limit discussion on the Avram House
Design:
« Does the Proiect Implement the PITA_? The PDA establishes several land use and
development goals relevant to this project. Among those are: promote high-quality,
compact infill growth, encourage a variety of new housing opportunities to serve
different segments of the community, ensure an adequate supply of affordable rental
opportunities, and encourage new developments to incorporate sustainable building
principles. Avram House will be located close to transit and is a high-quality project that
fits in to the existing neighborhood in a compact manner. It will feature a variety of unit
types and price points. A variety of "green" measures including vehicle charging
hookups, solar, bioswales, and energy efficient construction are included.
Does the Proiect Meet Desikn Objectives? Applicant has worked with staff to develop a
design that is attractive, urban, and walkable. A variety of high quality materials will
make the project attractive for both residents and neighbors. The project is designed to
relate well to the Copeland Creek Trail and avoids feeling like a "walled off' community.
A number of "green" techniques are incorporated in to the project's design.
Does the Proieel's Site Relate U/ell to the Nei;,rhborhood? This project is of the scale
contemplated by the PDA and the zoning ordinance. Ample on-site parking that is largely
hidden from the street will create an attractive appearance. The units along Avram
Avenue are oriented towards the street, encouraging an urban, neighborhood feel.
Improvements to the Copeland Creek Trail will be an amenity to the neighborhood.
Page 2
Next Steps
• Administrative Use Permit for Density Bonus
• Site Plan and Architectural Review (SPAR)
Exhibits:
A. Avram House Planning Submittals
B. RPMC §17.07.H. Density Bonus for Affordable Housing
C. Gov. Code §65915. State Affordable Housing Density Bonus Law
APPR
Planniqk Manager
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RPMC §17.07
H. DENSITY BONUS FOR AFFORDABLE HOUSING.
1. Applicability. The purpose of this section is to comply with the state density bonus law
(California Government Code Section 65915) and to implement the housing element of the
Rohnert Park general plan, by providing increased residential densities for projects that
guarantee that a portion of the housing units will be affordable to households of low or very
low income. The provisions of this section shall apply to the construction of five or more
units of housing that satisfies one or more of the following criteria:
a. At least ten percent of the total units are designated for low income households.
b. At least five percent of the total units are designated for very low income
households.
c. A senior citizen housing development as defined in Sections 51.3 and 51.12 of the
Civil Code.
d. At least ten percent of the total in a condominium project for moderate income
households.
The density bonus shall not be included when determining the number of
housing units that are to be affordable.
2. Definitions. The following terms are hereby defined for the purposes of this section:
"Affordable housing units" means housing units affordable to low and very low
income persons provided through the affordable housing density bonus program
pursuant to California Government Code Section 65915.
"Condominium project" means a development consisting of condominiums. A
condominium consists of an undivided interest in common in a portion of real property
coupled with a separate interest in space called a unit, the boundaries of which are
described on a recorded final map, parcel map, or condominium plan in sufficient detail
to locate all boundaries thereof.
"Low income household" means a household whose income is equal to or less than
eighty percent of the area median income, as published by the California Department of
Housing and Community Development, and is considered to be able to afford rent that
does not exceed thirty percent of sixty percent of the area median income.
"Very low income household" means a household whose income is equal to or less
than fifty percent of the area median income, as published by the California Department
of Housing and Community Development, and is considered to be able to afford rent
that does not exceed thirty percent of fifty percent of the area median income.
"Density bonus" means a density increase of at least twenty percent (rounded up to
the nearest whole unit) up to a maximum of thirty-five percent in accordance with
Government Code Section 65915, unless a lesser percentage is elected by the
applicant, over the otherwise maximum allowable residential density under the
applicable zoning ordinance and land use element of the Rohnert Park General Plan as
of the date the application by the developer is accepted by the city as complete. For
condo developments as identified in subsection (1-1)(1)(d) of this section, the minimum
density bonus shall be at least five percent, up to a maximum of thirty-five percent in
accordance with Government Code Section 65915 over the otherwise maximum
allowable residential density, unless a lesser percentage is elected by the applicant, if at
least ten percent of the total dwelling units are reserved for persons and families of
moderate income. The granting of a density bonus shall not be interpreted in and of
itself to require a general plan amendment, zoning change, or other discretionary
approval. For purposes of calculating a density bonus, the residential units do not have
to be based upon individual subdivision maps or parcels.
"Housing development" means one or more projects for new residential
development consisting of five or more units.
"Senior citizens" means qualifying residents as defined in Section 51.2 of the
California Civil Code.
3. Criteria and standards for density bonus and incentive:
a. In accordance with Government Code Section 65915, when a developer agrees to
construct affordable housing, at least one of the following incentives or concessions,
at the city's option, shall be granted if requested, in addition to a density bonus;
provided the findings outlined in subsection (H)(4) (b)(3) of this section are satisfied:
(1) A reduction in site development standards or a modification of zoning
requirements or architectural design requirements such as, but not limited to,
private and common open space, landscaping, parking, minimum lot sizes, and
setbacks.
(2) Approval of mixed-use zoning within the housing development where it is
demonstrated that commercial, office, or other nonresidential land uses will
reduce housing costs over residential -only uses on a site and will be compatible
with the existing and planned housing units on the site and the surrounding
neighborhood where the proposed housing development will be located.
(3) Other incentives proposed by the developer or the city which result in
identifiable cost reductions, such as one of the following:
(i) Expedited "fast track" processing of development applications and
permits ( e.g., allowing plan check to begin during planning application
process);
(ii) Use of redevelopment funds or powers, or other public financing.
There is no requirement, however, for the city to provide any direct financial
assistance, to waive fees and/or dedication requirements, or to provide publicly
owned land for a housing development.
b. If the developer agrees to construct twenty percent of the total units for low income
households, ten percent of the units for very low income households, or at least
twenty percent for persons and families of moderate income in a condominium or
planned development, at least two of the above incentives or concessions, at the
city's selection, shall be granted in addition to the density bonus.
c If the developer agrees to construct at least thirty percent of the total units for low
income households, at least fifteen percent for very low income households, or at
least thirty percent for persons and families of moderate income in a condominium or
planned development, at least three of the incentives or concessions, of the city's
selection, shall be granted in addition to the density bonus.
d. If an applicant for a tentative subdivision map, parcel map, or other residential
development approval donates land to the city for the provision of affordable housing
in accordance with Government Code Section 65915(h), the applicant shall be eligible
for a density bonus ranging from fifteen percent to a maximum of thirty-five percent in
accordance with Government Code Section 65915(h).
e. The following standards shall apply to the granting of the density bonus and
incentives:
(1) Duration of affordability. If an incentive is granted, the affordable housing
units receiving a density bonus shall be affordable for a minimum period of thirty
years, or longer if required by a construction or mortgage financing assistance
program, mortgage insurance program, rental subsidy program, the city's
redevelopment assistance program, city's inclusionary housing program or an
affordable housing agreement.
(2) Location and density of affordable housing units. The affordable housing
units shall be integrated with other housing units in the housing development
with regard to siting and placement within buildings, and shall not differ in
exterior appearance of the units. The location of the affordable housing units
may or may not be on contiguous parcels within the site. In no event shall the
affordable housing units be located in only one portion of the housing
development or situated in one building of a multi -building development.
(3) Location of density bonus. The density bonus units can be located in
geographic areas of the development site other than the areas where the units
for the low income households are located, and can be located only on parcels
for which the density bonus was granted.
(4) Zoning basis. The underlying zoning of the district and the number of units
allowed in the district shall be the basis of which the density bonus is determined
unless the project is a planned unit development, in which case the density
bonus will be determined based on the general plan designation.
4. Procedures.
a. Preliminary proposal. A developer requesting a density bonus, or incentive(s) or
concession(s) pursuant to this section may submit a preliminary proposal for staff
comment (pursuant to item 4(b) below) prior to the submittal of any formal requests
for approval of a density bonus and incentive(s) or concession(s) and other planning
approvals such as a general plan amendment, subdivision map, development plan or
design review, etc. The purpose of the preliminary proposal is to determine whether
the proposed housing development is in compliance with applicable planning
regulations and to establish the basis and procedures for granting the incentive(s).
Approval of a preliminary proposal does not constitute approval of the housing
development, but indicates that the housing development nominally complies with the
city's applicable planning and zoning regulations, and establishes the type of
incentive(s) or concession(s) and agreement to ensure compliance with this section to
be recommended by staff.
(1) The following information shall be submitted for a preliminary proposal:
(i) A concise written description of the project, including location, number
and type of housing units, including affordable units and bonus units, and
the planning approval required.
(ii) A site map showing the location and general layout of the proposed
housing development and surrounding land uses and roadways.
(iii) A written request for the specific incentive(s) sought, accompanied by
the rationale and accurate supporting information sufficient to demonstrate
that any requested incentive is necessary to make the affordable units
economically feasible and set rents at qualifying levels. If applicable, the
applicant shall identify the proposed use of any housing subventions or
programs for the housing development such as State Housing Community
Development Programs, redevelopment funds, or other sources of funding.
(2) Within forty-five days of receipt of a complete preliminary proposal, the
planning and community development director shall notify the applicant in writing
what the staff will recommend as to how the city will comply with this section,
and shall indicate whether or not the housing development complies with this
section and with the applicable planning and zoning regulations.
b. Housing density bonus and incentive(s) or concession(s) application and approval.
1. The request for approval of a density bonus and incentive(s) or concession(s)
shall be made by applying for an administrative use permit. The procedures
applicable to the processing of an administrative use permit shall apply to the
request for approval of a density bonus and incentive(s) or concession(s). The
findings required by Section 17.25.053 do not apply to Administrative Use
Permits granted pursuant to this Section 17.07.02.0(H).
The request for approval of a density bonus and incentive(s) or concession(s) pursuant to this
section shall be made along with other applicable related planning action requests for the project
as specified in the Rohnert Park zoning ordinance, except for projects for which one or more
approvals has been sought prior to the adoption of this section.
(2) The request for approval shall include the items specified under subsection
(H)(4)(a)(1) of this section.
(3) All of the following findings must be made, as applicable, in order to approve
a density bonus and incentive(s) or concession(s):
(i) That the incentive(s) or concession(s) are required in order to make the
affordable housing units economically feasible or to set rents at qualifying
levels for low income or very low income households.
(ii) That design, siting and income thresholds of the affordable housing units
substantially comply with all of the requirements and standards set forth in
this section.
(iii) That, prior to issuance of any building or grading permit for the housing
development, there will exist an enforceable recorded agreement to
maintain the affordability of the affordable housing units for the duration
required by this section.
c. Denial of incentive application. The request for approval of incentive(s) or
concession(s) above and beyond a density bonus may be denied if the city makes a
written finding, based upon substantial evidence, of either of the following:
(1) The concession(s) or incentive(s) are not required in order to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in Section
17.08.050(A) of this title.
(2) The concession(s) or incentive(s) would have a specific adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government
Code, Title , Division 1, upon public health and safety or the physical
environment or on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the development
unaffordable to low- and moderate -income households.
5. Criteria to evaluate requested incentive(s) or concession(s).
a. At least one of the following criteria shall be used to evaluate whether incentive(s)
or concession(s) are sufficient to make the affordable housing units economically
feasible:
(1) A development pro forma with the capital costs, operating expenses, return
on investment, revenues, loan -to -value ratio and the debt -coverage ratio
including the contribution provided by any applicable subsidy programs, and the
economic effect created by the thirty year use and income restrictions of the
affordable housing units.
(2) An appraisal report indicating the value of the density bonus and of the
incentive(s) and of the value of any other incentives.
(3) Sources and use of funds statement identifying the projected financing gap of
the project with the affordable housing units that are the basis for granting the
density bonus and incentive(s). The developer shall establish how much of the
gap would be covered by the density bonus, leaving a remainder figure to be
covered by an additional incentive.
b. Determination of the completeness and accuracy of the financial information
submitted in support of a request for an incentive and evaluation of this information
shall be made by the city, or by a third party agreed to jointly by the city and the
developer.
6. Required affordable housing density bonus agreement.
a. Prior to the issuance of a building or grading permit for any dwelling unit in a
development for which a density bonus has been awarded or incentives have been
granted, the developer shall enter into a written agreement with the city for the
duration of affordability. The terms and conditions of the agreement shall run with the
land that is to be developed, shall be binding upon the successor in interest of the
developer, and shall be recorded in the Sonoma County recorder's office. The
agreement shall be approved by the city attorney and shall include provisions for the
following:
(1) The number and proportion of housing units affordable to low income and
very low income house -holds by type, location, and number of bedrooms.
(2) Standards for maximum qualifying household incomes and maximum rents or
sale prices.
(3) The party responsible for certifying rents and sales prices of affordable
housing units.
(4) The process that will be used to certify incomes of tenants or purchasers of
the affordable housing units.
(5) The manner in which vacancies will be marketed and filled, including the
screening and qualifying of prospective renters and purchasers of the affordable
units.
(6) Deed restrictions on the affordable housing units binding on property upon
sale or transfer.
(7) Enforcement mechanisms to ensure that the affordable units are continuously
occupied by eligible households are not sold, rented, leased, sublet, assigned, or
otherwise transferred to non -eligible households.
(8) Project phasing, including the timing of completions, and rental or sale of the
affordable housing units, in relation to the timing of the market -rate units.
a
6
AUTHENTICATED
E[ft7R6W[C LEGAL .yrtipf![L9L
State of California
GOVERNMENT CODE
Section 65915
65915. (a) (1) When an applicant seeks a density bonus for a housing development
within, or for the donation of land for housing within, the jurisdiction of a city, county,
or city and county, that local government shall comply with this section. A city,
county, or city and county shall adopt an ordinance that specifies how compliance
with this section will be implemented. Failure to adopt an ordinance shall not relieve
a city, county, or city and county from complying with this section.
(2) A local government shall not condition the submission, review, or approval of
an application pursuant to this chapter on the preparation of an additional report or
study that is not otherwise required by state law, including this section. This
subdivision does not prohibit a local government from requiring an applicant to provide
reasonable documentation to establish eligibility for a requested density bonus,
incentives or concessions, as described in subdivision (d), waivers or reductions of
development standards, as described in subdivision (e), and parking ratios, as described
in subdivision (p).
(3) In order to provide for the expeditious processing of a density bonus application,
the local government shall do all of the following:
(A) Adopt procedures and timelines for processing a density bonus application.
(B) Provide a list of all documents and information required to be submitted with
the density bonus application in order for the density bonus application to be deemed
complete. This list shall be consistent with this chapter.
(C) Notify the applicant for a density bonus whether the application is complete
in a manner consistent with Section 65943.
(b) (1) A city, county, or city and county shall grant one density bonus, the amount
of which shall be as specified in subdivision (f), and, if requested by the applicant
and consistent with the applicable requirements of this section, incentives or
concessions, as described in subdivision (d), waivers or reductions of development
standards, as described in subdivision (e), and parking ratios, as described in
subdivision (p), when an applicant for a housing development seeks and agrees to
construct a housing development, excluding any units permitted by the density bonus
awarded pursuant to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development for lower income
households, as defined in Section 50079.5 of the Health and Safety Code.
(B) Five percent of the total units of a housing development for very low income
households, as defined in Section 50105 of the Health and Safety Code.
(C) A senior citizen housing development, as defined in Sections 51.3 and 51.12
of the Civil Code, or a mobilehome park that limits residency based on age
requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the
Civil Code.
(D) Ten percent of the total dwelling units in a common interest development, as
defined in Section 4100 of the Civil Code, for persons and families of moderate
income, as defined in Section 50093 of the Health and Safety Code, provided that all
units in the development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for transitional foster
youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as
defined in Section 18541, or homeless persons, as defined in the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units
described in this subparagraph shall be subject to a recorded affordability restriction
of 55 years and shall be provided at the same affordability level as very low income
units.
(2) For purposes of calculating the amount of the density bonus pursuant to
subdivision (f), an applicant who requests a density bonus pursuant to this subdivision
shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B),
(C), (D), or (E) of paragraph (1).
(3) For the purposes of this section, "total units" or "total dwelling units" does not
include units added by a density bonus awarded pursuant to this section or any local
law granting a greater density bonus.
(c) (1) An applicant shall agree to, and the city, county, or city and county shall
ensure, the continued affordability of all very low and low-income rental units that
qualified the applicant for the award of the density bonus for 55 years or a longer
period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program. Rents for the lower
income density bonus units shall be set at an affordable rent as defined in Section
50053 of the Health and Safety Code.
(2) An applicant shall agree to, and the city, county, or city and county shall ensure
that, the initial occupant of all for -sale units that qualified the applicant for the award
of the density bonus are persons and families of very low, low, or moderate income,
as required, and that the units are offered at an affordable housing cost, as that cost
is defined in Section 50052.5 of the Health and Safety Code. The local government
shall enforce an equity sharing agreement, unless it is in conflict with the requirements
of another public funding source or law. The following apply to the equity sharing
agreement:
(A) Upon resale, the seller of the unit shall retain the value of any improvements,
the downpayment, and the seller's proportionate share of appreciation. The local
government shall recapture any initial subsidy, as defined in subparagraph (B), and
its proportionate share of appreciation, as defined in subparagraph (C), which amount
shall be used within five years for any of the purposes described in subdivision (e)
of Section 33334.2 of the Health and Safety Code that promote home ownership.
(B) For purposes of this subdivision, the local government's initial subsidy shall
be equal to the fair market value of the home at the time of initial sale minus the initial
sale price to the moderate -income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is lower than the
initial market value, then the value at the time of the resale shall be used as the initial
market value.
(C) For purposes of this subdivision, the local government's proportionate share
of appreciation shall be equal to the ratio of the local government's initial subsidy to
the fair market value of the home at the time of initial sale.
(3) (A) An applicant shall be ineligible for a density bonus or any other incentives
or concessions under this section if the housing development is proposed on any
property that includes a parcel or parcels on which rental dwelling units are or, if the
dwelling units have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of lower or very low income; subject
to any other form of rent or price control through a public entity's valid exercise of
its police power; or occupied by lower or very low income households, unless the
proposed housing development replaces those units, and either of the following applies:
(i) The proposed housing development, inclusive of the units replaced pursuant to
this paragraph, contains affordable units at the percentages set forth in subdivision
(b).
(ii) Each unit in the development, exclusive of a manager's unit or units, is
affordable to, and occupied by, either a lower or very low income household.
(B) For the purposes of this paragraph, "replace" shall mean either of the following:
(i) If any dwelling units described in subparagraph (A) are occupied on the date
of application, the proposed housing development shall provide at least the same
number of units of equivalent size to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or lower income
category as those households in occupancy. If the income category of the household
in occupancy is not known, it shall be rebuttably presumed that lower income renter
households occupied these units in the same proportion of lower income renter
households to all renter households within the jurisdiction, as determined by the most
recently available data from the United States Department of Housing and Urban
Development's Comprehensive Housing Affordability Strategy database. For
unoccupied dwelling units described in subparagraph (A) in a development with
occupied units, the proposed housing development shall provide units of equivalent
size to be made available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category as the last household
in occupancy. If the income category of the last household in occupancy is not known,
it shall be rebuttably presumed that lower income renter households occupied these
units in the same proportion of lower income renter households to all renter households
within the jurisdiction, as detennined by the most recently available data from the
United States Department of Housing and Urban Development's Comprehensive
Housing Affordability Strategy database. All replacement calculations resulting in
fractional units shall be rounded up to the next whole number. If the replacement
units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed development is for -sale
units, the units replaced shall be subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been vacated or
demolished within the five-year period preceding the application, the proposed housing
development shall provide at least the same number of units of equivalent size as
existed at the highpoint of those units in the five-year period preceding the application
to be made available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category as those persons and
families in occupancy at that time, if known. If the incomes of the persons and families
in occupancy at the highpoint is not known, it shall be rebuttably presumed that
low-income and very low income renter households occupied these units in the same
proportion of low-income and very low income renter households to all renter
households within the jurisdiction, as determined by the most recently available data
from the United States Department of Housing and Urban Development's
Comprehensive Housing Affordability Strategy database. All replacement calculations
resulting in fractional units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed development is for -sale
units, the units replaced shall be subject to paragraph (2).
(C) Notwithstanding subparagraph (B), for any dwelling unit described in
subparagraph (A) that is or was, within the five-year period preceding the application,
subject to a form of rent or price control through a local government's valid exercise
of its police power and that is or was occupied by persons or families above lower
income, the city, county, or city and county may do either of the following:
(i) Require that the replacement units be made available at affordable rent or
affordable housing cost to, and occupied by, low-income persons or families. If the
replacement units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed development is for -sale
units, the units replaced shall be subject to paragraph (2).
(ii) Require that the units be replaced in compliance with the jurisdiction's rent or
price control ordinance, provided that each unit described in subparagraph (A) is
replaced. Unless otherwise required by the jurisdiction's rent or price control ordinance,
these units shall not be subject to a recorded affordability restriction.
(D) For purposes of this paragraph, "equivalent size" means that the replacement
units contain at least the same total number of bedrooms as the units being replaced.
(E) Subparagraph (A) does not apply to an applicant seeking a density bonus for
a proposed housing development if his or her application was submitted to, or
processed by, a city, county, or city and county before January 1, 2015.
(d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit
to a city, county, or city and county a proposal for the specific incentives or concessions
that the applicant requests pursuant to this section, and may request a meeting with
the city, county, or city and county. The city, county, or city and county shall grant
the concession or incentive requested by the applicant unless the city, county, or city
and county makes a written finding, based upon substantial evidence, of any of the
following:
(A) The concession or incentive does not result in identifiable and actual cost
reductions, consistent with subdivision (k), to provide for affordable housing costs,
as defined in Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units to be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse impact, as defined
in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety
or the physical environment or on any real property that is listed in the California
Register of Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact without rendering the
development unaffordable to low-income and moderate -income households.
(C) The concession or incentive would be contrary to state or federal law.
(2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the
total units for lower income households, at least 5 percent for very low income
households, or at least 10 percent for persons and families of moderate income in a
common interest development.
(B) Two incentives or concessions for projects that include at least 20 percent of
the total units for lower income households, at least 10 percent for very low income
households, or at least 20 percent for persons and families of moderate income in a
common interest development.
(C) Three incentives or concessions for projects that include at least 30 percent of
the total units for lower income households, at least 15 percent for very low income
households, or at least 30 percent for persons and families of moderate income in a
common interest development.
(3) The applicant may initiate judicial proceedings if the city, county, or city and
county refuses to grant a requested density bonus, incentive, or concession. If a court
finds that the refusal to grant a requested density bonus, incentive, or concession is
in violation of this section, the court shall award the plaintiff reasonable attorney's
fees and costs of suit. Nothing in this subdivision shall be interpreted to require a
local government to grant an incentive or concession that has a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health,
safety, or the physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision
shall be interpreted to require a local government to grant an incentive or concession
that would have an adverse impact on any real property that is listed in the California
Register of Historical Resources. The city, county, or city and county shall establish
procedures for carrying out this section, that shall include legislative body approval
of the means of compliance with this section.
(4) The city, county, or city and county shall bear the burden of proof for the denial
of a requested concession or incentive.
(e) (1) In no case may a city, county, or city and county apply any development
standard that will have the effect of physically precluding the construction of a
development meeting the criteria of subdivision (b) at the densities or with the
concessions or incentives pennitted by this section. An applicant may submit to a
city, county, or city and county a proposal for the waiver or reduction of development
standards that will have the effect of physically precluding the construction of a
development meeting the criteria of subdivision (b) at the densities or with the
concessions or incentives permitted under this section, and may request a meeting
with the city, county, or city and county. If a court finds that the refusal to grant a
waiver or reduction of development standards is in violation of this section, the court
shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to waive or reduce
development standards if the waiver or reduction would have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Section 655 89.5, upon health,
safety, or the physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision
shall be interpreted to require a local government to waive or reduce development
standards that would have an adverse impact on any real property that is listed in the
California Register of Historical Resources, or to grant any waiver or reduction that
would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development standards pursuant to
this subdivision shall neither reduce nor increase the number of incentives or
concessions to which the applicant is entitled pursuant to subdivision (d).
(f) For the purposes of this chapter, "density bonus" means a density increase over
the otherwise maximum allowable gross residential density as of the date of application
by the applicant to the city, county, or city and county, or, if elected by the applicant,
a lesser percentage of density increase, including, but not limited to, no increase in
density. The amount of density increase to which the applicant is entitled shall vary
according to the amount by which the percentage of affordable housing units exceeds
the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph (A) of paragraph
(1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Low -Income Units
Percentage Density
Bonus
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
17
30.5
18
32
19
33.5
20
35
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph
(1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Very Low Income Units
5
6
7
8
9
10
11
Percentage Density Bonus
20
22.5
25
27.5
30
32.5
35
(3) (A) For housing developments meeting the criteria of subparagraph (C) of
paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number
of senior housing units.
(B) For housing developments meeting the criteria of subparagraph (E) of paragraph
(1) of subdivision (b), the density bonus shall be 20 percent of the number of the type
of units giving rise to a density bonus under that subparagraph.
(4) For housing developments meeting the criteria of subparagraph (D) of paragraph
(1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Moderate -Income Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
31
26
32
27
33
28
34
29
35
30
36
31
37
32
38
33
39
34
40
35
(5) All density calculations resulting in fractional units shall be rounded up to the
next whole number. The granting of a density bonus shall not require, or be interpreted,
in and of itself, to require a general plan amendment, local coastal plan amendment,
zoning change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to a city, county, or city and county
in accordance with this subdivision, the applicant shall be entitled to a 15 -percent
increase above the otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Very Low Income
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Percentage Density Bonus
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
(2) This increase shall be in addition to any increase in density mandated by
subdivision (b), up to a maximum combined mandated density increase of 35 percent
if an applicant seeks an increase pursuant to both this subdivision and subdivision
(b). All density calculations resulting in fractional units shall be rounded up to the
next whole number. Nothing in this subdivision shall be construed to enlarge or
diminish the authority of a city, county, or city and county to require a developer to
donate land as a condition of development. An applicant shall be eligible for the
increased density bonus described in this subdivision if all of the following conditions
are met:
(A) The applicant donates and transfers the land no later than the date of approval
of the final subdivision map, parcel map, or residential development application.
(B) The developable acreage and zoning classification of the land being transferred
are sufficient to permit construction of units affordable to very low income households
in an amount not less than 10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate general plan designation, is
appropriately zoned with appropriate development standards for development at the
density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or
will be served by adequate public facilities and infrastructure.
(D) The transferred land shall have all of the permits and approvals, other than
building permits, necessary for the development of the very low income housing units
on the transferred land, not later than the date of approval of the final subdivision
map, parcel map, or residential development application, except that the local
government may subject the proposed development to subsequent design review to
the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed
by the local government prior to the time of transfer.
(E) The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with paragraphs (1) and (2)
of subdivision (c), which shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing developer approved
by the local agency. The local agency may require the applicant to identify and transfer
the land to the developer.
(G) The transferred land shall be within the boundary of the proposed development
or, if the local agency agrees, within one-quarter anile of the boundary of the proposed
development.
(H) A proposed source of funding for the very low income units shall be identified
not later than the date of approval of the final subdivision map, parcel snap, or
residential development application.
(h) (1) When an applicant proposes to construct a housing development that
conforms to the requirements of subdivision (b) and includes a child care facility that
will be located on the premises of, as part of, or adjacent to, the project, the city,
county, or city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the amount of square feet in the child care facility.
(B) An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the child care facility.
(2) The city, county, or city and county shall require, as a condition of approving
the housing development, that the following occur:
(A) The child care facility shall remain in operation for a period of time that is as
long as or longer than the period of time during which the density bonus units are
required to remain affordable pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the children of very low
income households, lower income households, or families of moderate income shall
equal a percentage that is equal to or greater than the percentage of dwelling units
that are required for very low income households, lower income households, or
families of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city, county, or city
and county shall not be required to provide a density bonus or concession for a child
care facility if it finds, based upon substantial evidence, that the community has
adequate child care facilities.
(4) "Child care facility," as used in this section, means a child day care facility
other than a family day care home, including, but not limited to, infant centers,
preschools, extended day care facilities, and schoolage child care centers.
(i) "Housing development," as used in this section, means a development project
for five or more residential units, including mixed-use developments. For the purposes
of this section, "housing development" also includes a subdivision or common interest
development, as defined in Section 4100 of the Civil Code, approved by a city, county,
or city and county and consists of residential units or unimproved residential lots and
either a project to substantially rehabilitate and convert an existing commercial building
to residential use or the substantial rehabilitation of an existing multifamily dwelling,
as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation
would be a net increase in available residential units. For the purpose of calculating
a density bonus, the residential units shall be on contiguous sites that are the subject
of one development application, but do not have to be based upon individual
subdivision maps or parcels. The density bonus shall be permitted in geographic areas
of the housing development other than the areas where the units for the lower income
households are located.
0) (1) The granting of a concession or incentive shall not require or be interpreted,
in and of itself, to require a general plan amendment, local coastal plan amendment,
zoning change, study, or other discretionary approval. For purposes of this subdivision,
"study" does not include reasonable documentation to establish eligibility for the
concession or incentive or to demonstrate that the incentive or concession meets the
definition set forth in subdivision (k). This provision is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting of a density bonus
shall not require or be interpreted to require the waiver of a local ordinance or
provisions of a local ordinance unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive means any of the
following:
(1) A reduction in site development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission as provided in
Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety
Code, including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would otherwise be
required that results in identifiable and actual cost reductions, to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for
rents for the targeted units to be set as specified in subdivision (c).
(2) Approval of mixed-use zoning in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of the housing
development and if the commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned development in the area where
the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the
city, county, or city and county that result in identifiable and actual cost reductions
to provide for affordable housing costs, as defined in Section 50052.5 of the Health
and Safety Code, or for rents for the targeted units to be set as specified in subdivision
(c).
(0 Subdivision (k) does not limit or require the provision of direct financial
incentives for the housing development, including the provision of publicly owned
land, by the city, county, or city and county, or the waiver of fees or dedication
requirements.
(m) This section does not supersede or in any way alter or lessen the effect or
application of the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code).
(n) If permitted by local ordinance, nothing in this section shall be construed to
prohibit a city, county, or city and county from granting a density bonus greater than
what is described in this section for a development that meets the requirements of
this section or from granting a proportionately lower density bonus than what is
required by this section for developments that do not meet the requirements of this
section.
(o) For purposes of this section, the following definitions shall apply:
(1) "Development standard" includes a site or construction condition, including,
but not limited to, a height limitation, a setback requirement, a floor area ratio, an
onsite open-space requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific plan, charter,
or other local condition, law, policy, resolution, or regulation.
(2) "Maximum allowable residential density" means the density allowed under
the zoning ordinance and land use element of the general plan, or, if a range of density
is permitted, means the maximum allowable density for the specific zoning range and
land use element of the general plan applicable to the project. Where the density
allowed under the zoning ordinance is inconsistent with the density allowed under
the land use element of the general plan, the general plan density shall prevail.
(p) (1) Except as provided in paragraphs (2) and (3), upon the request of the
developer, a city, county, or city and county shall not require a vehicular parking
ratio, inclusive of handicapped and guest parking, of a development meeting the
criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) Notwithstanding paragraph (1), if a development includes the maximum
percentage of low-income or very low income units provided for in paragraphs (1)
and (2) of subdivision (f) and is located within one-half mile of a major transit stop,
as defined in subdivision (b) of Section 21155 of the Public Resources Code, and
there is unobstructed access to the major transit stop from the development, then,
upon the request of the developer, a city, county, or city and county shall not impose
a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds
0.5 spaces per bedroom. For purposes of this subdivision, a development shall have
unobstructed access to a major transit stop if a resident is able to access the major
transit stop without encountering natural or constructed impediments.
(3) Notwithstanding paragraph (1), if a development consists solely of rental units,
exclusive of a manager's unit or units, with an affordable housing cost to lower income
families, as provided in Section 50052.5 of the Health and Safety Code, then, upon
the request of the developer, a city, county, or city and county shall not impose a
vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the
following ratios:
(A) If the development is located within one-half mile of a major transit stop, as
defined in subdivision (b) of Section 21155 of the Public Resources Code, and there
is unobstructed access to the major transit stop from the development, the ratio shall
not exceed 0.5 spaces per unit.
(B) If the development is a for -rent housing development for individuals who are
62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code,
the ratio shall not exceed 0.5 spaces per unit. The development shall have either
paratransit service or unobstructed access, within one-half mile, to fixed bus route
service that operates at least eight times per day.
(C) If the development is a special needs housing development, as defined in
Section 51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces
per unit. The development shall have either paratransit service or unobstructed access,
within one-half anile, to fixed bus route service that operates at least eight times per
day.
(4) If the total number of parking spaces required for a development is other than
a whole number, the number shall be rounded up to the next whole number. For
purposes of this subdivision, a development may provide onsite parking through
tandem parking or uncovered parking, but not through onstreet parking.
(5) This subdivision shall apply to a development that meets the requirements of
subdivisions (b) and (c), but only at the request of the applicant. An applicant may
request parking incentives or concessions beyond those provided in this subdivision
pursuant to subdivision (d).
(6) This subdivision does not preclude a city, county, or city and county from
reducing or eliminating a parking requirement for development projects of any type
in any location.
(7) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or
an independent consultant has conducted an areawide or jurisdictionwide parking
study in the last seven years, then the city, county, or city and county may impose a
higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based
upon substantial evidence found in the parking study, that includes, but is not limited
to, an analysis of parking availability, differing levels of transit access, walkability
access to transit services, the potential for shared parking, the effect of parking
requirements on the cost of market -rate and subsidized developments, and the lower
rates of car ownership for low-income and very low income individuals, including
seniors and special needs individuals. The city, county, or city and county shall pay
the costs of any new study. The city, county, or city and county shall make findings,
based on a parking study completed in conformity with this paragraph, supporting
the need for the higher parking ratio.
(8) A request pursuant to this subdivision shall neither reduce nor increase the
number of incentives or concessions to which the applicant is entitled pursuant to
subdivision (d).
(q) Each component of any density calculation, including base density and bonus
density, resulting in fractional units shall be separately rounded up to the next whole
number. The Legislature finds and declares that this provision is declaratory of existing
law.
(r) This chapter shall be interpreted liberally in favor of producing the maximum
number of total housing units.
(Amended by Stats. 2016, Ch. 761, Sec. 1.7. (AB 2556) Effective January 1, 2017.)
Rv>v sxuwr ��+r
City of Rohnert Park
Planning Commission Report
DATE: February 9, 2017
ITEM No: 8.2
SUBJECT: PLUP2017-0001, Conditional Use Permit for Digital Message Center Sign
LOCATION: 5401 Snyder Lane,
APPLICANT: City of Rohnert Park
ACTION: Conditional Use Permit: Approve Resolution No. 2017-06 Approving a
Conditional Use Permit to Allow an Electronic LED Message Center Sign
on the Community Center Complex property at the southwest corner of
Rohnert Park Expressway and Snyder Lane.
Backsround
On April 23, 2013, the City Council adopted a resolution authorizing and approving the Digital
Billboard Lease Agreement (Lease) by and between the City and Veale Outdoor Advertising
(Veale), for the financing, installation, operation, and maintenance of the City's digital billboard
adjacent to the Highway 101 freeway sign. The Lease also included provisions to have Veale
replace the manual (non -digital) message board at the Community Center Complex with a digital
billboard sign. The construction and installation of the digital Community Center sign was to be
at no cost to the City. Furthermore, the City was to receive the exclusive use of thirty-five percent
(35%) of all advertising time in order to promote events and announcements that the City
determined best to serve the needs of the City and its residents.
Upon adoption of the Lease, City Council directed staff to explore sign alternatives, but indicated
that the sign should no longer be used for commercial advertising. Veale agreed to relinquish rights
and responsibility of the Community Center sign, and make a payment of $50,000 to the City for
construction and installation. The City would have exclusive use of the new Community Center
sign and would be responsible for its construction, operation, and maintenance.
Staff returned to the City Council on October 13, 2015 seeking direction on possible sign
alternatives at the Community Center Complex. The options ranged from a small, single -faced
Page 1
digital sign that would display up to two lines of text and no graphics to a double sided, V-shaped
digital sign with capacity to display text, photos and graphics. The costs ranged from no additional
cost to the City (cost fit within Veale's $50,000 credit) to an estimated $77,000 net City cost. The
City Council directed staff to design and install a dual -faced (V-shaped) digital reader board with
at least two lines of text that could be purchased within the $50,000 credit from Veale. City Council
selected this sign style as it fit within the budget and has minimal operation and maintenance costs.
On July 12, 2016, the City Council adopted a resolution to execute a First Amendment to the Lease
with Veale. Included in this First Amendment was an increase in the payment from Veale from
$50,000 to $65,000 for the construction and installation of the Community Center sign. The First
Amendment also relieved Veale of any additional responsibility for the Community Center sign
and prohibited the City from using the sign to engage in commercial advertising.
On August 22, 2016 public works staff held a public meeting to discuss the proposed sign project
with residents. Five residents attended and voiced concerns about brightness and the potential of
the sign to distract drivers. Residents indicated they would not have an issue with a sign displaying
text only. Staff considered those comments and reviewed research on distracted driving that
indicated while videos, animations, or rapidly changing pictures could cause a distraction, static
images would not.
Staff advertised the project for construction and entered into an agreement with YESCO, LLC
for the construction and installation of the sign. YESCO has since provided the City with a new
sign option that was not available when City Council first considered the sign choices. The sign
proposed by YESCO LLC fits within the new amount provided by Veale and is of better quality
than the type of signed previously presented to the City Council. On November 22, 2016 City
Council selected the design proposed by applicant in this application.
Zoning and Surrounding Use
The property is part of the Community Center Complex at the corner of Rohnert Park
Expressway and Snyder Lane.
Figure A. Sign Location f
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1
Page 2
The property is zoned Public Institutional. The property to the north is Sunrise Park which is also
zoned Public Institutional. Diagonally to the northeast are a number of properties that are zoned
Office Commercial. The only immediately adjacent residential properties that could be impacted
by this project are the homes on "J Section" on Jasmine Court. These homes are zoned Low
Density Residential and back up to the Rohnert Park Expressway and Snyder Lane intersection.
Under Zoning Ordinance Section 17.27.100.C. Special Sign Types Requirements, electronic
message centers are permitted by a Conditional Use permit on publicly owned property adjacent
to a major arterial or highway.
Applicant's Proposal
Sign Details
The new sign option is a dual -faced (V shaped), full color, LED display sign with the capacity for
graphic animation (similar to the Highway 101 sign). The sign will be programmed to display text
and static images only. The cost of the new sign would be $49,882.22, well within the available
$65,000 of funding from Veale.
Figure B. Proposed Sign Design
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Page 3
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The existing Community Center sign will be replaced with a new two -side digital sign. The new
sign will have a total height 12 feet 9 inches. The sign cabinet would measure 4 feet 9 inches
(height) by 8 feet 8 inches (width). This is a standard industry size. In addition to the main sign
face, there would be a 2 feet 7 inch (height) by 7 feet 9 inch (width) interior illuminated panel on
each face with the name City of Rohnert Park below.
The digital billboard would be equipped with a light sensor that automatically adjusts the
brightness of the sign as the ambient light changes, night or day. Display times for each image or
message will be relatively long (3-5 minutes). The sign will be continuously monitored by
technicians so they can determine when a problem occurs allowing for prompt repair of the
problem. The sign will be programmed to shut down automatically at night (for example from 10
p.m. to 6 a.m.).
Sign Copy
The City is working to create a new Community Center sign policy to govern this sign.
Commercial advertising will be prohibited. Likely advertising on the sign will be for community
events sponsored by the City and local non -profits, productions at the Performing Arts Center,
public safety alerts and announcements, public service announcements, and local public
educational institution announcements. As indicated previously, sign copy will not flash or
change rapidly, and no animations will be allowed — only text or images.
Staff Analvsis
Sign_Details
The proposed sign will replace the existing Community Center sign. The sign is attractively
designed and is the design preferred by City Council. Staff does not believe that the sign will be
overly distracting to drivers or residents of nearby properties. The dimming features, prohibition
of videos or animations, and the nighttime automatic shutoff limit such concerns considerably.
Sign Intensity or Brightness
The Sections of the Zoning Ordinance regarding signs does not contain a standard with which to
regulate sign intensity or brightness, but these limits can be established through the CUP process.
The sign will be equipped with a light sensor that automatically adjusts the brightness as the
ambient light changes night and day. On overcast or poor weather days, the sign would
automatically adjust to the ambient light level. The sign will be programmed to automatically
turn off during overnight hours.
CEQA
Signs such as this are categorically exempt under the California Environmental Quality Act.
Gov. Code § 15311. Accessory Structures, includes on premise signs as being exempt from
CEQA.
l+indinp_s
The recommended findings and conditions of approval for a conditional use permit for the
proposed electronic sign are included in the attached resolution.
Page 4
Public Notification
A public hearing notice has been published in the Community Voice and posted at the prescribed
locations in Rohnert Park. Property owners within 300 feet of the project were mailed notices of
the proposed application.
Staff Recommendation
Based on the analysis and findings of this report and the attached resolution, Staff recommends
that the Planning Commission, by motion, adopt Resolution No. 2017-06 approving the
Conditional Use Permit to allow the installation of an electronic message center sign, subject to
the conditions of approval.
Attachments:
Exhibit A — Site Plan Showing Sign Location
Exhibit B — Detailed Sign Elevation
APPROVALS:
Je iswenger, 7AALCP, Planning Manager
Zach Tusi er, Planner I
Page 5
Date
Date
PLANNING COMMISSION RESOLUTION NO. 2017-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, FILE NO. PLUP17-0001: APPROVING A CONDITIONAL USE
PERMIT TO ALLOW AN ELECTRONIC LED MESSAGE CENTER SIGN LOCATED
AT 5401 SNYDER LANE (APN 143-330-070)
WHEREAS, the applicant, City of Rohnert Park has filed Planning Application No.
PLUP 17-0001 for a Conditional Use Permit approval to allow an electronic message center sign
at the Rohnert Park Community Center at 5401 Snyder Lane (APN 143-330-070) in accordance
with the City of Rohnert Park Municipal Code;
WHEREAS, Planning Application No. PLUP 17-0001 was processed in the time and
manner prescribed by State and local law;
WHEREAS, on February 9, 2017, the Planning Commission reviewed Planning
Application No. PLUP 17-0001 during a scheduled public meeting at which time interested persons
had an opportunity to testify in support or opposition to the project;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findinps. The Planning Commission, in approving Planning Application
No. PL2UP 17-0001 makes the following findings:
1. The proposed location of the conditional use is consistent with the objectives of the Zoning
Ordinance and the purpose of the district in which the site is located.
The proposed location is in the Public Institutional district which allows an electronic LED
message center sign as a conditionally permitted use because the sign location is adjacent to a
major arterial or highway. The applicant has applied for the required use permit. The purpose
of the district is to provide community facilities. This sign will help advertise the events that
occur at those facilities, as well as other pertinent community information.
2. That the proposed location of the use and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity and that the operation and maintenance
of the use will be compatible with the surrounding uses.
The project will not have a negative effect on the public health, safety, or welfare or be
materially injurious to properties or improvements in the vicinity due to features associated
with this sign and its operation. The brightness of the sign will be regulated during the day
time, no animations or flashing messages will be displayed, and the sign will cease to operate
during overnight hours, in accordance with the sign policy to be drafted by Public Works. The
sign will benefit the public welfare by virtue of the ability to instantaneously display
emergency messages to communicate important information to the public.
3. The proposed use will comply with each of the applicable provisions of this title.
The sign will be located on the subject property adjacent to a major arterial as provided for in
the Zoning Ordinance. The applicant has applied for a Conditional Use Permit for the proposed
electronic message center sign and the project will comply with all applicable Zoning
Ordinance standards.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
approve Planning Application No. PLUP 17-0001 to allow an electronic message center sign,
subject to the following conditions:
Conformance with Municipal Code and Other Agency Plans — All improvements shall comply
with all applicable sections of the City of Rohnert Park Municipal Code and any other
applicable relevant plans of affected agencies.
2. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building
Department.
3. The project is approved as shown in Exhibits A -N, except as conditioned or modified below.
4. The maximum brightness level for the electronic reader board sign shall not exceed 0.3 foot
candles over ambient light levels per Outdoor Advertising Association of America
guidelines.
5. An automatic ambient light monitor shall be installed on the sign to automatically adjust the
brightness level of the electronic sign based on the ambient light conditions to conform to the
light levels in condition 4 above.
6. Upon submittal of a sign permit application, a statement shall be provided from a qualified
lighting or sign consultant indicating that the sign has been designed to comply with the
illumination standard indentified in Condition 6. Within one week after the sign is activated,
a qualified lighting consultant/electrical engineer shall measure the sign intensity at the sign
face and confirm compliance with the lighting standard. Written verification of compliance
shall be provided to the Development Services Department within one week following sign
activation.
7. Changes of image shall be instantaneous as seen by the human eye and shall not use blinking,
fading, rolling, shading, dissolving or similar effects as part of the change.
8. The "dwell time" for each message shall be a minimum of 1 minute.
9. No videos, moving images, scrolling displays, intermittent lights, or animations will be
allowed.
10. The sign shall not be highlighted or illuminated with additional direct or indirect lighting,
(e.g., floodlighting) other than the interior illuminated band saying "City of Rohnert Park"
11. All electrical service to the sign shall be placed underground and electrical service to the face
of the sign shall be placed within the sign structure so as not to be visible from the exterior.
12. All electronic equipment to control the electronic digital message center sign shall be
screened by the sign structure.
BE IT FURTHER RESOLVED that said action shall not be deemed final until the
appeal period has expired and that the appeal period shall be 10 working days from the date of
said action. No building permits shall be issued nor shall the use be initiated until the appeal
period has expired, providing there are no appeals.
DULY AND REGULARLY ADOPTED on the 9th day of February, 2017, by the City
of Rohnert Park Planning Commission by the following vote:
Attest:
AYES: NOES: ABSENT: ABSTAIN:
ADAMS BLANQUIE BORBA GIUDICF.— HAYDON
Chairperson Susan Haydon, Rohnert Park Planning Commission
Susan Azevedo, Recording Secretary
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City of Rohnert Park
Planning Commission Report
DATE: February 9, 2017
ITEM NO: 8.3
SUBJECT: PLMC17-0001 Amend Rohnert Park Municipal Code Title 17 Zoning to bring
into compliance with recent amendments to state law concerning accessory
dwelling units.
LOCATION: NA
REQUEST: Approve Resolution 2017-07 Recommending City Council Amend Chapters
17.07.020 — Footnotes, 17.04.030 — Definitions, 17.06.030 — Permitted Uses,
17.10.060 — Accessory Structures, and 17.16.040 — Parking Exemptions
APPLICANT: City of Rohnert Park
Subiect
Amend Municipal Code Title 17 - Zoning to bring into compliance with recent amendments to
state law concerning Accessory Dwelling Units (ADUs).
Background
ADUs, also called secondary dwelling units, in-law apartments, or granny units, are an important
housing resource for communities in California. ADUs are usually created through the
conversion of existing living space in a single-family home to a separate dwelling unit, the
addition of space to an existing home (for example, an apartment over a garage) or a detached
structure in the rear yard. Over the last two decades, California has adopted a number of laws
that encourage ADUs and limit the requirements that may be imposed by cities. ADUs are an
effective way to increase housing options without significantly changing neighborhood
character. They can effectively provide affordable housing for renters, a source of income for
homeowners, and a housing resource for extended families, seniors, college students, and others.
On September 27 and 28, 2016, Governor Brown signed two pieces of legislation into law that
require California cities and counties to substantially revise their ADU regulations. The specific
provisions of the legislation are described below:
Page 1
SB 1069, was signed by the Governor on September 27, 2016. The bill requires that:
o Municipal code references to "secondary dwelling unit" be replaced with the term
"accessory dwelling unit."
o ADUs up to 1,200 square feet or up to 50 percent of the living area in an existing
dwelling may be permitted.
o Cities cannot require more than one parking space per bedroom.
o Cities must allow off-street parking requirements to be met through tandem parking or
within required setback areas (as well as through covered parking or driveways).
o Cities must waive parking requirements for ADUs that are entirely contained within
existing structures, or that are within one-half mile of public transit, one block of a car -
share vehicle, or in a historic district.
o Fire sprinklers can only be required for the ADU if they would be required for an
equivalent addition to the primary residence.
o Additional streamlined requirements (relating to setbacks and other development
standards) apply to ADUs that are contained entirely within existing structures.
o Local agencies may not collect water and sewer connection fees for ADUs that do not
add habitable floor space, and must structure fees for other types of ADUs so they are
proportional to the impacts on service demand.
AB 2299, signed by the Governor on September 27, 2016, features many of the same provisions
as SB 1069, including prohibitions on requiring additional parking for ADUs in certain
circumstances.
As of January 1, 2017, Rohnert Park's second dwelling unit ordinance was void to the extent it
did not comply with the new state law. In the interim, any applications for accessory or second
dwelling units default to the standards found in Gov. Code §65852.
Proposal
The most significant proposed change is an almost total rewrite of the Zoning Ordinance
footnote section regulating `second residential units'. Chapter 17.07.020.X Footnotes: Second
Residential Unit is to be retitled to "Accessory Dwelling Unit" and substantially revised to
reflect mandated changes to state law regarding ADUs.
The new state laws, in addition to a change in terminology, removes several provisions and
makes multiple modifications. The most substantial changes required by SB 1069 relate to off-
street parking. Currently, one off-street parking space is required per bedroom for an ADU. This
continues to be the case under the proposed revisions, but off-street parking cannot
be required for units meeting any of the following criteria:
The unit is within one-half mile of public transit
The unit is within a designated historic district
The unit is entirely within the principal residence and results in no net increase in
habitable floor area on the property
The unit is in an area where on -street permit parking is required, but such permits are
not available to the tenant
The unit is within one block of a car -share vehicle
Page 2
For the most part, ADUs will continue to be subject to the same height, setback, and lot coverage
requirements that apply to single-family homes in the same zoning district. The requirement that
the unit is architecturally compatible with the principal residence also is carried forward. A
significant change in the state law limits the ability of local agencies to collect water and sewer
connection fees for new ADUs. The high cost of connection fees is a major obstacle to ADU
construction, and this change is expected to lower costs of new ADUs significantly.
Other notable changes are the removal on the limitation of one second dwelling unit per legal
parcel, and the elimination of the requirement that the property owner maintain residence in the
primary unit. The existing RPMC ordinance requires that such units be set aside and deed
restricted as affordable housing. Such a requirement is now inconsistent with state law. Some
jurisdictions have instead created a voluntary incentive to have the accessory dwelling unit set
aside as affordable housing. This proposal would allow applicants increased square footage for
their accessory dwelling unit in exchange for a deed restriction restricting the use of the ADU to
affordable housing for a set number of years.
Other sections of Title 17 (Zoning) are proposed to be amended for internal consistency with the
changes related to ADUs.
In the "Definitions" section of Title 17, a definition has been added for Accessory Dwelling
Unit, and the definition for Second Dwelling Unit removed. In other sections of TItle 17, the
term "Second Dwelling Unit" has been replaced with "Accessory Dwelling Unit".
Staff Analysis
Though the City does not have precise numbers, it seems reasonably clear that there are currently
relatively few ADUs in Rohnert Park. The City has a larger than average portion of its housing
units in multifamily housing developments, and many of the single-family homes are built on
small lots leaving little room for an ADU.
However, the streamlining of regulations pertaining to ADUs, combined with increased housing
prices across the Bay Area is likely to lead to increased numbers of ADUs in the future. With the
affordable housing incentive included in the proposed amendments it is likely that at least some
of these future ADUs will assist in maintaining the affordable housing stock in Rohnert Park.
Environmental Determination
No CEQA analysis is required for this project. Pursuant to Public Resources Code
Section 21080.17 and CEQA Guidelines Section 15282(h), "the adoption of an ordinance
regarding second units in a single-family or multifamily zone by a city or county to implement
the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny"
housing and "second unit ordinances" are exempt from the requirements of CEQA. Similarly, the
ministerial approval of ADUs would not be a "project" for CEQA purposes, and environmental
review would not be required prior to approving individual applications.
General Plan Consistency
The proposed amendments would be consistent with the goals, policies and implementation
measures contained in the General Plan, Land Use and Housing Elements: The proposed
Page 3
regulations would retain the fundamental character and land use mix in residential areas, while
adapting existing structures to reflect changing demographics and housing needs. ADUs
exemplify principles of sustainability in that they use existing resources more efficiently, while
expanding housing opportunities for low and moderate income households. Consistent with
existing and proposed state law, the proposed regulations explicitly would exclude ADUs from
density calculations for determinations of General Plan consistency. The proposed regulations
would expand opportunities for ADU development, and will assist the City in meeting its
regional housing needs.
Findings
The recommended findings to approve the amendment to the Zoning Ordinance are included in
the attached resolution.
Public Notification
Since this is a change to the Municipal Code a public hearing is required before the Planning
Commission and the City Council. This item has been duly noticed by publication in the
Community Voice for amendments to the Municipal Code.
Staff Recommendation
Based on the analysis and findings of this report and the attached resolution, Staff recommends
that the Planning Commission, by motion, adopt Resolution No. 2017-07 to recommend to the
City Council of these text amendments to Chapter 17 of the Rohnert Park Municipal Code.
Attachments:
Planning Commission Resolution No. 2017-07
Exhibit A
— RPMC Chapter 17.07.020
— Footnotes
Exhibit B
— RPMC Chapter 17.04.030
— Definitions
Exhibit C
— RPMC Chapter 17.06.030
— Permitted Uses
Exhibit D
— RPMC Chapter 17.10.060
— Accessory Structures
Exhibit E —
RPMC Chapter 17.16.040 —
Parking Exemptions
APPROVALS:
Jed iswenger, AI , Planning Manager
iAy�-
Zach'\Tu Inger, Planner I
Page 4
- 3 l-)
Dat
Date
RESOLUTION NO. 2017-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL AMENDMENTS
TO MUNICIPAL CODE TITLE 17, ZONING TO BRING THE ORDINANCE
CONCERNING ACCESSORY DWELLING UNITS INTO COMPLIANCE WITH
STATE LAW
WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No.
PLMC2017-0001 proposing to amend the Rohnert Park Municipal Code ("RPMC") by amending
Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, 17.06.030 — Permitted Uses, 17.10.060
— Accessory Structures, 17.16.0404 — Parking Exemptions;
WHEREAS, the proposed amendments are in response to SB 1069 and AB 2299 which
modified Cal. Gov. Code §65852
WHEREAS, the modifications to state law are intended to remove obstacle to the
creation of ADUs by requiring modification to municipal regulations to streamline the permitting
process and reduce the overall cost of ADUs.
WHEREAS, the proposed amendments to Title 1 Zoning will incorporate revisions will
bring the Rohnert Park Municipal Code into compliance with state law concerning Accessory
Dwelling Units;
WHEREAS, the proposed changes to Title 17 Zoning are attached hereto as Exhibit A;
WHEREAS, on February 9, 2017 the Planning Commission held a public hearing at which
time interested persons had an opportunity testify either in support of or opposition to the proposal;
WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, a
public notice was published in the Community Voice for a minimum of 10 days prior to the first
public hearing; and
WHEREAS; the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC2017-0001 for the proposed amendments to Title
17 Zoning of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed amendments to Sections 17.07.020 — Footnotes, 17.04.030 — Definitions,
17.06.030 — Permitted Uses, 17.10.060 — Accessory Structures, 17.16.0404 — Parking
Exemptions of the Rohnert Park Municipal Code for the purpose of coming into compliance with
recently amended state law;
Section 1. The above recitations are true and correct.
Section 2. Findings. The Planning Commission hereby makes the following findings
concerning Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, 17.06.030 — Permitted
Uses, 17.10.060 — Accessory Structures, 17.16.0404 — Parking Exemptions of the Municipal
Code:
1. That the proposed amendments to the Municipal Code are consistent with the
General Plan 2020.
Criteria Satisfied. The proposed amendments to the Municipal Code are consistent
with the General Plan 2020 Goals of maintaining a compact urban form, and
providing a range of housing types and prices. Specifically, Goal LU -A (compact
urban form) is promoted by a more efficient utilization of land, housing stock, and
infrastructure. Goal CD -H (variety of housing types and sizes) is promoted by
allowing smaller units in well-established neighborhoods. Goal HO -2 (diversity of
housing types) is promoted by the allowance for smaller residences. Goal HO -3
(affordable housing) is encouraged by allowing smaller accessory units and the
incentive for affordable housing.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments to the Municipal Code will provide
for the health, safety and welfare of individuals living in Rohnert Park by providing
increased housing options, while also expanding affordable housing opportunities
Size limitations will remain on ADUs unless proximate to transit or car sharing. This
will help to insure the new investment comes into neighborhoods. This reduces the
need to build new housing by better utilizing existing housing stock.
Section 3. Environmental Clearance
No CEQA analysis is required for this project pursuant to Public Resources Code
Section 21080.17 and CEQA Guidelines Section 15282(h), "the adoption of an
ordinance regarding second units in a single-family or multifamily zone by a city or
county to implement the provisions of Sections 65852.1 and 65852.2 of the
Government Code" relating to "granny" housing and "second unit ordinances"
are exempt from the requirements of CEQA.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
does hereby recommend that the City Council adopt Findings stated hereinabove and adopt this
amendment to the RPMC to amend Sections 17.07.020 — Footnotes, 17.04.030 — Definitions,
17.06.030 — Permitted Uses, 17.10.060 — Accessory Structures, 17.16.0404 — Parking
Exemptions, in the form provided in Exhibit A.
DULY AND REGULARLY ADOPTED on this 9"' day of February 2017 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
ADAMS BLANQUIE BORBA GIUDICE HAYDON
Attest:
Susan Haydon, Chairperson, Rohnert Park Planning Commission
Susan Azevedo, Recording Secretary
17.07.020 - Footnotes.
The following standards apply to the land use indicated by corresponding number in the zoning district
use charts:
X SE--GG99-ACCESSORY f E_'iiBE--NT-Pi DWELLING UNIT (a.k.a. ADU. in-law, secondary, or granny
units).
1. An secrond-r-esideF#ial--unitADU shall be allowed with a certificate of zoning compliance on any
residential lot of at least four -thousand me
and subject to the following provisions.
2. The seeunitADU shall be architecturally compatible with the main unit, and the development
of the second-ADUunit will maintain the appearance of a single-family residence. The second
uRkADU shall comply with the city's adopted design guidelines for residential development.
3, The shaiMcaf tie n+ora �ksar�aee seror��l+�i�pen Ir�gal-panel..
34. The total floor area of an ADU -se en6t-jnit shall not be more than fifty percent of the floor area
of the existing or proposed main unit, nor shall the total floor area of the second unitADU exceed
seven hundred square feet in any event nor contain more than one bedroom.
�T-'k�e-�fope�-�y�uvr�e� sh�ali--rna ietair�-resider�se- i�the-prr rr�any-u�a+�
64. There shall be no subdivision of land separating the units, and neither unit may be sold
independently of the other.
75. One additional standard size off-street parking space shall be provided for detached ADUs in
addition to the off-street parking requirements required for a-single-fam4ythe primary residence
dweiling. A4dit4aeat--parkirig4-nay- requ+red provided-that-a4indirsg--is made-that-the--addit-isnal
parking-equirer aeras e c it t4t-related-to the use-af-I;he--second-unit.and--are--Goasistent-with
ewMIR� g—base di-sd k staeda, aen+ed deveivpr ent tar aids—appliri� �a to existing
a. The The required additional parking spaces may be uncovered and may he provided as tandem
parking on an existing driveway.
b. Parkinq is allowed in rear and side setback areas. No parking is allowed in front setback areas
c. When a garage or covered parking structure is demolished in conjunction with the construction
of an _ADU, the replacement parking spaces may be located in any configuration on the same lot
as the ADU, including but not limited to covered spaces, uncovered spaces, or tandem spaces.
6. Notwithstanding Paragraph 5 of this section. No additional parking shall be required for an ADU
in any of the following instances:
a. The ADU is located within one-half mile of a bus stop or train station.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the existing primary residence or an existing accessory structure
d. When on -street parking permits_ are required but not offered to the occupant of the ADU.
e. When there is a car -share vehicle located within one block of the ADU.
f. The ADU is constructed within an existing structure.
79. Detached seseRd—ADUsun#s shall meet the height and setback requirements for accessory
structures as stipulated in the applicable zoning district. See Section 17.10.060.C, Accessory
Building as an Second -Accessory Dwelling Unit. Sesend-ADUsanits that are part of the main
dwelling structure shall meet the height and setback requirements for main dwellings. See Section
17.10.020, Development Standards Table, for development standards relating to main dwellings.
89. The total lot coverage, including the ADUseseRd URit, shall not exceed fifty percent.
10. U ed for both units-.
1-94. Either the sesend-ADUun4 or the main unit shall be permitted to face the rear of the other
structure, and the sesend ADUun# shall be permitted closer than ten feet but no less than five
feet from the main building where it can be shown that the site design will be improved. A --second
residential n ADUen# located above the first floor of an accessory structure (e.g., above a garage)
shall be designed so as to minimize privacy impacts on neighboring properties, through the use
of opaque glass or clerestory windows where such windows face neighboring properties.
4-102, There shall be adequate water and sewer service available to serve the sewed-w*AQU,
as determined by the city engineer.
11. ADUs are not required to install new or separate utility connections and are not subject to separate
utility connection fees or capacity charges.
1.123. Before obtaining an occupancy permit for an ADU-saGon + Fesidential - t, the property
owner shall file with the county rerordpr a dPrlaratinn of restrictions (i e. , deed restriction) relative
to the second-ADUwi4 stating that:
a. The aeGaP4ADUu4#t shall not be sold separately and shall be maintained in accordance with
the seeanc!4-mit-r iremeetsADU re[luirenients of the Fir+eF"?aFk- niG4kii-wdeRPMC.
b. The sesend ADUunit is restricted to the approved size, unless modified by future city
approvals.
& The seG lnd unit shag4ee€nain al#€or table -to -4- w4rw.9P4e44eesehek#s-as
defined by the Ca14ornia- DepaA 4-Wous4igand CommunityDevelopfraeeet-
d. The zoning compliance for the seed-ADUuM shall be in effect only so long as the primary
unit is occupied by the owner of record as their principal residence. Should the sesend
ADUuf+it no longer be in compliance with this requirement, the second-ADUunit shafl be
altered so as to prevent its use as an ADU-second-unit (i.e., removal of cooking facilities).
e. The above declarations are binding upon any successor in ownership of the property.
13. Notwithstanding paragraph 4, the City shall issue a certificate of zon i ng ccom.pIiance for an ADU
with a floor area of one thousand square feet or 50% of the floor area of the existing or
proposed primary dwelling unit, whichever is less, where the following conditions are met: (1)
The property owner of said ADU records with the County Recorder's Office a deed restriction
restricting the use of the ADU to affordable housing, which deed restriction's form and content
shall be subject to approval by the City prior to recordation, (2) the City sha11 determine the
maximum affordable rent levels for the affordable housing ADU by adhering to the California
Department of Housing and Community Development's annual publication of State Income
Limits, (3) The deed restriction shall be effective for a period of no less than 10 years. After
termination of the deed restriction, the property owner shall be required to reapply to the City
for a certificate of zoning compliance for the ADU.
14. Firesprinklers are only re uired in ADUs where they would also be required under the RPMC
for the primary or main unit.
17.04.030 - Definitions of words and terms.
"Accessory dwelling unit" (ADU) means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, cooking, and sanitation on the same parcel as the single-family dwelling is
situated. An ADU shall be in compliance with Section 17.07.020 of this title. An ADU also includes the
following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Second dwelling or residential unit" See "Accessory dwelling unit".means-an attached or a-detaGbed
dwelling unit -which provides -complete dndependerv"v+ng facilities for -one -or -more -persons. It shall -include
perm- anent provisions fGr Win "eepinge-eat44g -�o"rvg -and sanitation—o"he-same parcel as the- ngle-
family dwell ingas-situated-A-se nd u^italso- lnsledes-thefollow n^: �, efficiency -unit -as -defined --In
Section 179584-of-the*lealt4an"afet-y-Cede; and (2) a -manufactured homeas defined in—Sestio4 48007
of the -Health and -Safety Code. A -second -unit shall be-ln-Pcmpliance with Section 17-0 20-af-this-title:
17.06.030 - Permitted uses.
The following is a list of land uses and the residential districts within which they are permitted as
follows:
P = permitted
C = conditionally -permitted by planning commission
A = administrative permit
Z = certificate of zoning compliance
T = temporary conditional permit
I = uses allowed as incidental to a primary use
Land uses that are not specifically listed are not permitted unless determined, by the planning and
community development director, to be substantially similar to a listed use. If the listed land use is followed
by a number or a section reference in parenthesis, that number or reference directs the reader to the
corresponding land use footnote or special provision which follow this chapter.
Land Use Category R-R/R-E R -L R -M R -H
Districts Districts District Districts
Accessory Dwelling Unit (X)
Affordable Housing Density Bonus
Agricultural Uses
• Pasturing and Grazing (small sca
• Other
Bed & Breakfast Inn (D)
Community Center
Communication Facilities (F)
Day Care Center
Day Care Home, Family (G)
• Small (8 or fewer children)
• Large (9 or more children)
(H)
Z Z
A A
Z
A
Z
A
le) P
C
11 C
T_1
C
J C/A
I
C
P
—T C
C
C/A
C
C
C/A
C
C
C
C/A
C
P
P
P
C
C
C
• Elementary and Secondary C
• High School C
• Vocational/Trade Schools C
Public Facility -Non -city owned or proposed (see also Public Utility) C
Public Facility -City owned or proposed (subject to Planning
P
Commission review on referral from City Council)
Rooming or Boarding House
• Single Room Occupancy Living Unit Facility (Z) A
• Fraternity/Sorority
Recovery Facility
• Small (6 or less persons) P
• Large (7 or more persons)
Religious Assembly C
Residential Care Facility (Congregate Care/Assisted Living)
f
• Small (6 or less persons) P
■ Large (7 or more persons) C
Single Family Dwellings P
• Accessory Uses/Structures
• Antenna, Vertical/Satellite Dish (F) ` P/C
C C I C
C C iJ C
C
C C C
P I P P
P I P
®Wi
P/C i P/C I P/C
17.10.060 - Accessory structures.
A. Detached/attached. Detached accessory structures (i.e. structures separated from the main structure
by five feet or more) shall be located behind the front elevation of the main structure and shall cover
no more than ten percent of the rear yard area (unless an Accessory Dwelling Unit), with total lot
coverage for all structures on-site not to exceed that listed in Section 17.10.020 for the applicable
zoning district. In the event an accessory building is attached to the main building or less than five feet
from the main structure, it shall be considered structurally a part of the main building and shall comply
in all respects with the development standards applicable to the main building.
B. Setbacks for accessory structures. The minimum side and rear yard setback for carports is five feet
and for all other accessory structures the setback is three feet.
C. Accessory building as an Accessory Dwelling Unit (ADU) second unit. If the accessory building is an
sesend unit ADU, a ten foot rear yard setback and five foot side yard setbacks must be provided. In
the case of a corner lot adjacent to a reversed frontage lot, accessory buildings shall not project beyond
the front yard required or existing on the adjacent reversed frontage lot.
D. Building permits requirements. Building permits are not required for detached accessory structures
that are one hundred twenty-eight square feet or less in size, that are no greater than twelve feet in
height, that are not habitable, and that do not require utilities. Accessory structures shall not include
kitchens, unless part of an approved accessory dwelling unit second -unit.
17.16.040 - Parking exemptions.
A. A reduction of up to twenty-five percent of the spaces required for a combination of uses may be
allowed where findings are made indicating that the uses share a common parking area and the
demand for parking occurs over different time periods, thereby making the full requirement
unnecessary.
B. Parking space reductions of up to ten percent may be permitted by the planning and community
development director or designee, if a rideshare, transit incentive program, or other transportation
system management program is provided. Further parking space reductions up to a maximum of
twenty-five percent may be permitted if approved by the planning commission through a conditional
use permit process.
C. The planning and community development director may grant exemptions to the off-street covered
parking requirements for a single-family residential property subject to the granting of an administrative
permit, in accord with the provisions of Section 17.25 Article V if the following findings can be made:
1 The prinripal iisP of the Int is an existing single-family residence without an second residen!la[
accessory dwelling unit;
2. Such space shall be replaced with one non -tandem parking space per lot, other than those
existing in the driveway;
3. Such replacement space may be located in the required front yard or street side yard if the
planning and community development director finds that in so doing there is neither an
appreciable impairment of pedestrian safety nor any reduction in the attractiveness of the
neighborhood. In no case shall the replacement space cause more than fifty percent of the lot's
front yard to be devoted to parking;
4. Such replacement space shall not be rented;
5. Such replacement space shall be paved with an approved, all-weather surface;
6. The provision and maintenance of such replacement space shall be the continuing obligation of
the property owner;
7. No more than one additional bedroom shall be created by a garage conversion and a garage
shall not be converted into an second, resii=or ,i it accessory dwelling unit;
8. The garage door shall remain in place and look functional; and
9. The lot must be a minimum width of fifty feet and there must be room for at least one on -street
parking space on the curb in front of the lot.
D. If an existing parking lot does not provide adequate parking spaces for the disabled and cannot
otherwise be reconfigured to achieve the city's required inventory of parking spaces, the planning and
community development director may approve a reduction in the number of parking spaces by up to a
maximum of three parking spaces or a total of ten percent, whichever is less, in order to accommodate
required disabled parking.