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2020/07/23 Planning Commission Resolution PLANNING COMMISSION RESOLUTION NO. 2020-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO ROHNERT PARK MUNICIPAL CODE TITLE 17 - ZONING WITH RESPECT TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, INCLUDING SECTIONS 17.04.030 (DEFINITIONS OF WORDS AND TERMS), SECTION 17.07.020 (FOOTNOTES), SECTION 17.10.060 (ACCESSORY STRUCTURES), AND 17.16.040 (PARKING EXEMPTIONS) City of Rohnert Park WHEREAS, the State of California has established that a local agency may, by ordinance, regulate the creation of accessory dwelling units and junior accessory dwelling units in single family and multi-family residential zones, subject to certain state standards; WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No. PLMC20-0001, proposing to amend the Rohnert Park Municipal Code (“RPMC”) by amending Sections 17.04.030 – Definitions of words and terms, 17.07.020 – Footnotes, 17.10.060 – Accessory structures, 17.16.040 – Parking exemptions; WHEREAS, the proposed amendments are in response to Assembly Bill-881, Assembly Bill-68 and Senate Bill-13, adopted in the September 2019 California legislative session which collectively modified Cal. Gov. Code §65852.2, effective January 1, 2020, and which mandate specific changes to local regulations that apply to accessory dwelling units; WHEREAS, these modifications to state law, and by extension the RPMC, are intended to incentivize the creation of Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) by reducing of processing timelines, removing owner-occupancy requirements, and establishing state-wide development standards for ADUs; WHEREAS, the proposed changes to Title 17 Zoning are consistent with the goals, policies, and implementation measures in the General Plan and necessary to comply with state law; WHEREAS, the Planning Commission conducted a study session on changes to state law with respect to ADUs and JADUs on March 12, 2020; WHEREAS, on July 23, 2020, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to Title 17-Zoning with respect to ADUs and JADUs; 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. PLMC20-0001 for the proposed amendments to Title 17 Zoning of the Municipal Code. 2 Resolution 2020-008 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 revisions to Sections 17.04.030 – Definitions of words and terms, 17.07.020 – Footnotes, 17.10.060 – Accessory structures, 17.16.040 – Parking exemptions of the Rohnert Park Municipal Code for the purpose of conforming to 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 17.04.030 – Definitions of words and terms, 17.07.020 – Footnotes, 17.10.060 – Accessory structures, and 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 new state law included in Government Code 65852.2, explicitly states that accessory dwelling unit conforming to state standards shall, by law, be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot, and shall not be considered to exceed the allowable density for the lot upon which it is located. In addition to this state declaration, 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. 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 are intended to address public health, safety and welfare concerns created by the statewide housing crisis. The changes will help improve community health outcomes, by reducing overcrowding, providing additional workforce housing closer to job center and reducing homelessness by expanding the availability of rental units. In addition, the minimum standards for setback, unit size, and unit design ensure that ADUs constructed in compliance with the municipal code will provide residents with safe and habitat living space. Section 3. Environmental Clearance. The ordinance and amendments are statutorily exempt from CEQA under Public Resources Code Section 21080.17, which exempts adoption of an ordinance to implement regulations for accessory dwelling units pursuant to Government Code Section 65852.2. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council adopt the proposed amendments to RPMC Sections 17.04.030 - Definitions of words and terms, 17.07.020 -Footnotes, 17.10.060 - Accessory structures, 17.16.040 - Parking exemptions in the form provided in Exhibit A, subject to minor changes approved the City Attorney or City Manager. DULY AND REGULARLY ADOPTED on this 23 rd day of July, 2020 by the City of Rohnert Park Planning Commission by the following vote: AYES: i1_ NOES: l2_ ABSENT: _L ABSTAIN: .D._ BLANQUIE¥B0RBA �GIUDICE �A YDON �ORLOFF� '":/'el:tl'l:ij�r�H-Ra, +itg-&eeretttr;t- (x}s.;i� r..)P\1n� H,�e.r- Attachment: Exhibit A 3 Resolution 2020-008 Exhibit A to Resolution 1 Section 17.04.030 - Definitions of words and terms. [The following is an excerpt of Section 17.04.030 (Definitions of words and terms), proposing to amend the definition of ADU and add a definition of JADU as follows. The remainder of this section remains unchanged] "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 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. “Accessory dwelling unit, junior (JADU)” or “Junior accessory dwelling unit (JADU)” means a residential unit that is no more than 500 feet in area contained entirely within a single-family residence, which includes either separate or shared sanitation facilities with the residence. Exhibit A to Resolution 2 17.07.020 – Footnotes. X. ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT STANDARDS 1. Accessory dwelling units (ADUs) or junior accessory dwelling unit (JADUs) shall be permitted with a certificate of zoning compliance, on any lot zoned to allow for a single-family or multi- family residential uses, including mixed-use zones, subject to the requirements of this subsection. 2. ADUs or JADUs shall not be sold separately from the primary structure on the lot nor shall any subdivision of the land separating the ADU or JADU and the primary structure be permitted by the City. 3. The application for an ADU or JADU shall be considered ministerially without discretionary review or a hearing within 60 days after receiving the application if there is an existing single family or multi-family dwelling on the lot. If the application for the ADU or JADU is proposed in conjunction with an application for a new single-family dwelling or multi-family dwelling, the application will be processed with the application for the main dwelling unit(s). 4. General Design Requirements The following standards shall apply: a. The ADU or JADU shall be designed to be architecturally compatible with the primary dwelling unit (or structure), with use of similar style doors, windows, roofing and siding material, use of matching exterior paint colors and other structural or decorative design features, and shall also comply with the City's adopted design guidelines for residential development. b. The maximum square footage limit for either an attached or detached ADU shall be: i. 850 square feet for an ADU with 1 bedroom or less. ii. 1,000 square feet for an ADU with 2 bedrooms or more. iii. For an attached ADU over 800 square feet constructed on a lot with an existing primary dwelling unit, the total floor area of the attached accessory dwelling unit shall not exceed 50 percent of the floor area of that existing dwelling. c. For ADUs larger than 800 square feet, the ADU together with the primary residence shall not cover more than fifty percent of the lot area. No lot coverage requirement shall be applied to an ADU of 800 square feet or less. d. No passageway shall be required in conjunction with the construction of an ADU. e. An ADU 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. f. Fire sprinklers are only required in ADUs where they would also be required under this Code for the primary dwelling. g. Notwithstanding anything in this code to the contrary, any standard that is a limit on maximum size, size based on percentage of existing or proposed primary dwelling, lot coverage, floor area ratio, landscaping or open space for an ADU of at least 800 square Exhibit A to Resolution 3 feet that is no more than 16 feet in height and meets four-foot side and rear setbacks will not be imposed. 5. Streamlining Provisions and Exemptions Except as provided for in this section 17.07.020.X(5), no more than one ADU or JADU shall be permitted per single-family, multi-family or mixed use lot in compliance with all other requirements in this section. Notwithstanding the foregoing limitation or anything in this code to the contrary, the Zoning Administrator and Building Official shall cause certificates of zoning compliance and building permits to be ministerially approved for the following projects: a. For any lot with a proposed or existing single-family dwelling, one attached ADU or JADU shall be permitted when all of the following apply: i. The ADU or JADU is within the existing or proposed single-family dwelling or accessory structure. The limits of the “existing structure” may include an expansion of not more than 150 square feet to accommodate ingress and egress. ii. The ADU or JADU has exterior access that is separate from the exterior entrance for the proposed or existing single-family dwelling. iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU, if applied for, meets all the requirements for JADUs outlined in this section. b. For a lot with a proposed or existing single family dwelling, one detached ADU shall be permitted when all of the following apply: i. Four-foot side and rear yard setbacks are maintained. ii. The total height does not exceed 16 feet. iii. The detached ADU may include a JADU provided all requirements for JADUs outlined in this section are met. c. For a lot with an existing multi-family dwelling, not more than two detached ADUs shall be permitted when all of the following apply: i. Four foot side and rear yard setbacks are maintained. ii. Total combined floor area of not more than 800 square feet. iii. The total height limit does not exceed 16 feet. d. Conversion of portions of existing multi-family dwelling structures which are not currently used as livable space (e.g. storage rooms, boiler rooms, attics) shall be permitted to ADUs provided that each ADU complies with state building standards for dwellings. At least one new ADU created from such conversions shall be permitted per existing multi-family structure, up to a maximum of a 25 percent increase in the total number of units in the structure. 6. Each ADU shall be subject to a deed restriction, in a form approved by the City, with provisions specifying that: a. The ADU is restricted to the size and attributes approved by the City. b. A prohibition on sale of the ADU separate from the primary dwelling, and notice to future purchasers regarding the enforcement of this restriction. c. No ADU shall be rented for a period of fewer than 30 consecutive days. Exhibit A to Resolution 4 7. Additional Requirements for Junior Accessory Dwelling Units a. The maximum square footage of a JADU shall be no more than 500 square feet, and a JADU shall be contained entirely within an existing or proposed dwelling unit except that an expansion to accommodate an entrance may be permitted under section 17.07.020.X (5)(a). b. Utilities may be shared with the primary dwelling unit. c. A JADU may include interior entry to the main living area. A second interior door may be included for sound attenuation. d. A JADU shall include an efficiency kitchen, with the following minimal requirements: i. a sink with a maximum waste line diameter of 1.5 inches, ii. a cooking facility with appliances that do not require electrical service greater than 120 volts, natural gas, or propane gas, and iii. a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the dwelling unit. e. Owner occupancy shall be required for each JADU. The owner shall reside either in the primary dwelling unit or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. f. Each JADU shall be subject to a deed restriction, in a form approved by the City, with provisions specifying that: i. Owner occupancy of either primary dwelling or JADU shall be required. ii. The JADU is restricted to the size and attributes approved by the City. iii. A prohibition on sale of the JADU separate from the primary dwelling, and notice to future purchasers regarding the enforcement of this restriction. iv. No JADU shall be rented for a period of fewer than 30 consecutive days. v. Restrictions requiring that on purchase, any subsequent owner either remove the JADU (including obtaining all required permits) or demonstrate compliance with owner-occupancy requirements specified in this section, except such requirements shall not apply to an owner who is a governmental agency, land trust, or housing organization. 8. Parking Requirements a. No parking shall be required for a new ADU or JADU. b. Notwithstanding other provisions of this code, when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU or JADU, there shall be no requirement imposed to replace the off-street parking spaces. 9. Capacity, Connection and Impact Fees a. Except for the case where an ADU or JADU is constructed within an existing single family dwelling unit in accordance with Chapter 17.07.20.X (5)(a), a new, separate or upgraded utility connection may be required between the primary residence/ADU and the public water or sewer utility if site specific conditions necessitate a new connection in order to provide minimum levels of utility service. Connection fee or Exhibit A to Resolution 5 capacity charges may be calculated proportionate to the burden of the proposed ADU based upon either its square feet, the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, or any other method that reasonably estimates the proportional impact of the ADU. b. For the purposes of providing services for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. An ADU shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU is constructed with a new single-family dwelling. c. No impact fee shall be assessed upon the development of an ADU less than 750 square feet or any JADU, and impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. 10. Before obtaining a certificate of occupancy for an ADU or JADU the applicant shall: a. Demonstrate adequate water and sewer service available to serve the ADU or JADU, as determined by the city engineer. b. Record any declaration of restrictions or deed restriction that is required under this section. c. No certificate of occupancy for an ADU or JADU shall be issued before a certificate of occupancy has been issued for the primary dwelling. 11. No ADU or JADU shall be rented for a period of fewer than 30 consecutive days. 12. Enforcement. In addition to other requirements of this code, notices issued to correct a violation of a building standard pertaining to an ADU or JADU shall comply with Section 17980.12 of the Health and Safety Code. Exhibit A to Resolution 6 17.10.060 - Accessory structures. A. For Accessory Dwelling Units, see RPMC 17.07.020(X). For the purposes of this section, an accessory structure does not include an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. B. 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. C. 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. 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. Exhibit A to Resolution 7 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 manager 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 issuance of a conditional use permit. C. Garage Conversions to Create Additional Room in a Single-Family Property. The planning manager 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 principal use of the lot is an existing single-family residence; 2. The garage conversion shall require that the resulting eliminated off-street covered parking 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 manager 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 room, exclusive of closets and similar appurtenant spaces, shall be created by a garage conversion; 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.