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2022/12/13 City Council Ordinance 972 AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 Pursuant to Rohnert Park Municipal Code 1.08.010 STATE OF CALIFORNIA ) ss County of Sonoma I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 972. Ordinance No. 972, an Ordinance of the City Council of the City of Rohnert Park, California, Amending Rohnert Park Municipal Code Title 17 — Zoning, Section 17.07.020 (Footnotes) Regulating Accessory Dwelling Units and Junior Accessory Dwelling Units was published on 12/2/2022 and 12/16/2022 as required by law, and posted in five (5) public places in said City, to: www.rpcity.orq for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park Senior Center 6800 Hunter Dr A A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on 12/2/2022 and 12/16/2022. The summary of Ordinance No. 972 was published in the Community Voice on 12/2/2022 and 12/16/2022 as required by law. Sylvia Lopez uevas, ity Clerk Subscribed and sworn to before me this January 10, 2023 r7 q Elizabeth Machado, Assistant City Clerk CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Summary of Ordinance No. 972 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park" Summary of Ordinance No. 972" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 16" day of December, 2022 and ending on the 16" day of December, 2022. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 16" day of December, 2022 at Rohnert Park, California. Signed Claudia Smith Chief Clerk uW tsa dz z EAl� � E� i A� F= Erf"E c3. oo 'Ee C7 g C7 M i�a c c $� Soo 'ate- w i° z v U ecmrnrc 'i'n .m c ° < me.s_.� 0 A "'"" •� ge a v E C 2e � me 'a S'ocm � Y¢��e rpm Sy�F, vm E m• o u e e c v 0. v_ e � � cn�ci y'ceoE a rm E . .� o CMZ; mECc AV`o ¢ �i Y a 0 c ° '- ' U.E MC _ m 1 m Y O S C3 � ..n a 22 - m- tm v m 3 .A� A a v'o w m m� � m� CZ Ca Y N' N,C�-r a `m�S m = i« s m m rn o aI mE w = Cr un vvr y-3 m '° o '� 11 od.0 oe =O Cm m'c°v,or 1°c Ec m mn Zti� dww W 1� �' c E ,= m e y�y ai m r c L� vo Q. y 2 c El Is p z S� o o._p V0 cmu o sO m- Ic a c 2o a m a..CD E rnm o. .J E-- r eue_17 o.. a my eE memic C eQi IV J c E m Q L d❑ 0 0 .i•�' t O c q'c A m N uw EA'�C pxS oc� �° F '� c e m %1 & m� d 3 C' m -5cZ `�� E m S a TLa o or E 81! mil o �i G C7 c c. e o .9" P'S E 9 e u $', ,��• e m c m'a S m e E E v r w v $ a G •n c e v m \ g u a H F)I[C 1- 2022 CERTIFICATION OF PUBLICATION IN "The Community VOICE" CITY Ct- (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Summary of Ordinance No. 972 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park" Summary of Ordinance No. 972" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 2"' day of December, 2022 and ending on the 2"a day of December, 2022. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 2"a day of December, 2022 at Rohnert Park, California. Signed Claudia Smith Chief Clerk a 2 ~n8 rn C C gig 2•1 of O W 2sp.5 ni~oc Em E3 I-- = Z C W J J Y 0= W 5°E' n;� ,� o ••- V C WG t z � C) 2'CEm C7 Z O Z C N S oC: m C u m U C C.) US $ � �, y 3� % WBoCJ 'a Z„ H Z CMG < •'t m u N� LL O In o_ WC yo a o` nZ o E-V'8L- QI C.Zp 0 o Z �0' Q�' Da r[�[ryrym o. N G•R E 2-2 oL V W W y W o Sri dY Z LL Z .`�' p Z a t Z Q Z ca V N E' ya:• V y O A O U Z Z D: �. O J' G¢ N Z V .. y % 00111 m y C W C a v 'E io E `o w J Q 4 T� C C U W -� 4 0 0 X- u W > C O 0 -0 `o t of Q W J it " 2 m p�p L] S `- 5 O W C y t C i ' n F S yLLpV = a;` c iR y tw_' c ��� o 0 a o E 114 _.._ 6 Q$ A C C Q N •� W C �• C 9. W D. 3� .5 cw m ' mEv Ui�r •r, W 00 A 00 N m C is°' •g - NQ E mp'-- 2,o CL o V G IU t f/1 �o v m y y Em y ir'4v A 3 U) U 2 2 � m d uai E o y o m oi Z. N-- ow d C9♦-o.is `5EV; 's°"' 0 -- 'o OV m, w Q0`�` W A N O uB WO."! c$ rn " W W M Z m0_of o C ���• C C O 0 d OO N N C2 M N U c"�°iN� •W ow c�im E awow W noE ro •� c10 y Qtf AE 'C 51.f « w •� Vu y S m`EW NoWC E m>N 'i Eu�oE ' 24 Y lCtl yam« C C O C PI �f R W fG Q« N F C O p pia R A o o'F- ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 17— ZONING, SECTION 17.07.020 (FOOTNOTES) REGULATING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS 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 proposed amendments are in response to Assembly Bill-345 adopted in the 2021 California legislative session, as well as Assembly Bill-2221 and Senate Bill-897, adopted in the 2022 California legislative session, 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 Accessory Dwelling Units (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(attached hereto as Exhibit A) are consistent with the goals, policies, and implementation measures in the General Plan and necessary to comply with state law; 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, on November 10, 2022, the Planning Commission held a public hearing at which time interested persons had an opportunity testify either in support of or opposition to the revised proposal; and WHEREAS; the Planning Commission reviewed and considered the Ordinance and adopted a resolution recommending approval of the proposed amendments to Title 17 Zoning of the Municipal Code with respect to ADUs and JADUs; WHEREAS; the City Council received and considered the Planning Commission recommendation on November 22, 2022 and conducted a Public Hearing. NOW,THEREFORE, BE IT ORDAINED by the City Council of the City of Rohnert Park as follows: Section 1. The above recitations are true and correct. Section 2. Findings. The City Council hereby makes the following findings with respect to adoption of this Ordinance: 1. That the proposed amendments to the Municipal Code are consistent with the General Plan 2020. OAK#4855-4197-8171 vi 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 Review. No California Environmental Quality Act (CEQA) analysis is required for this action. The ordinance and amendments are statutorily exempt from CEQA pursuant to 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. Section 4. Amendment of Municipal Code 17.07.020 — Footnotes. The City Council hereby repeals and replaces Footnote X of Rohnert Park Municipal Code 17.07.020 — Footnotes, to read in entirety as shown in Exhibit A attached hereto. Section 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 7. Publication and Submission to Housing and Community Development. The City Clerk is directed to cause this ordinance to be published in the manner required by law, and Ordinance No. 972 2 to submit it to the Department of Housing and Community Development within 60 days after adoption in the manner required by law. This Ordinance was introduced by the Council of the City of Rohnert Park on November 22, 2022 and DULY AND REGULARLY ADOPTED on December 13, 2022, by the following Roll Call Vote: i V S coy^c.(. e•.�L ✓5 Col trol;ce, l-fal C•. w O#1 1 , s-} y" AYES: f f ( ) 0ce ►,t�o� (L-4,d�+gvet cal �l rsr El U �JJJJJ NOES: 2e ru 6-0 ABSENT:7—E-'1' Css) ABSTAIN: Ze ru C95) CITY/OF ROHN RT PARK kie Elw , ayor ATTEST: Sylvia Lopez Cueva Clerk - AP OVED S TO F RM: c e le archetta - enyon, City Attorney I, SYLVIA LOPEZ CUEVAS, CITY CLERK of the City of Rohnert Park, California, do hereby certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of December, 2022 by the following vote: C ou►1t.'(.rvre^'‘6.c.-s Co 1 v c c e-i H )l t '�`�t�f-)°41.► 04-ctc 's, S-f � 41 AYES: -Pt v-e (SJ vizt J c� 2 f,011,ez_ cncQ 6A, Elw NOES: 2Xo(75.) ABSENT: 7 vv (cz) ABSTAIN: Z c (fb) Ordinance No. 972 3 Exhibit A 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 and the primary structure be permitted by the City, except for a separate sale or conveyance as authorized under Government Code section 65852.26. No separate sale of a JADU from the primary structure, nor subdivision of the land separating a 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, unless the applicant requests a delay. 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 ministerially after the application for such dwelling unit(s) has been acted on. 4. General Design Requirements The following standards shall apply: a. The ADU or JADU shall also comply with any objective standards in 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. Fire sprinklers are only required in ADUs where they would also be required under this Code for the primary dwelling. The construction of an accessory Ordinance No. 972 4 dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any existing dwelling. f. The following height limits shall apply: a. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. b. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, subject to an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. c. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. d. A height of 25 feet or the height limitation specified in Chapter 17.10 that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. g. Any standard that does not allow for the construction of at least one ADU of at least 800 square feet that meets four-foot side and rear setback requirements and applicable height limits shall be not be imposed, including any minimum or maximum size for an ADU, any setback requirement (including front yard setback), size based on percentage of the proposed or existing primary dwelling unit, or limits on lot coverage, floor area ratio, open space, lot size, or landscaping. Only the minimum deviation needed to construct an 800 square foot ADU shall be considered h. Notwithstanding anything in this code to the contrary, any procedural requirement such as zoning clearance or separate zoning review that does not allow for the construction of at least one ADU of at least 800 square feet shall 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 and one 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 and one 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. Ordinance No. 972 5 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 complies with the requirements of this section. iii. The detached ADU may be combined with the JADU, described in section 17.07.020.X(5)(a), provided all requirements for JADUs outlined in this section are met. c. For a lot with an existing or proposed 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. The total height limit does not exceed 18 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. 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). For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. 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. A separate entrance from the main entrance to the proposed or existing single-family residence is required. 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. Ordinance No.972 6 f. Each JADU shall be subject to a deed restriction, in a form approved by the City and recorded prior to issuance of certificate of occupancy,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. 7. 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. 8. 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 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. Before obtaining a certificate of occupancy for an ADU or JADU, the applicant shall demonstrate adequate water and sewer service available to serve the ADU or JADU, as determined by the city engineer. c. 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. d. 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 Ordinance No.972 7 of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. 9. No certificate of occupancy for an ADU or JADU shall be issued before a certificate of occupancy has been issued for the primary dwelling. 10. No ADU or JADU shall be rented for a period of fewer than 30 consecutive days. 11. 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. Ordinance No. 972 8