Planning Commission Staff Report Hearing of January 18, 2018

Transcription

1 Planning Commission Staff Report Hearing of January 18, 2018 County of Ventura Resource Management Agency Planning Division 800 S. Victoria Avenue, Ventura, CA (805) vcrma.org/divisions/planning/ Subject: County-Initiated Proposal to Amend Articles 2, 5, 7, 8, 9, 11, 13 and 19 of the Non-Coastal Zoning Ordinance (NCZO) and to Amend Articles 2, 4, 5, 6, 8, and 11 of the Coastal Zoning Ordinance (CZO) (PL ) in Compliance with Government Code Section Regulating Accessory Dwelling Units. A. PROJECT INFORMATION 1. Applicant: County of Ventura, 800 S. Victoria Avenue, Ventura, California, Location: Countywide 3. Request: The Planning Division staff requests that your Commission review this staff report and its attachments and adopt a resolution recommending that the Board of Supervisors (Board) adopt the staff recommended actions stated in Section F, including approving the proposed amendments to the Non-Coastal Zoning Ordinance (NCZO) and the Coastal Zoning Ordinance (CZO) regulating accessory dwelling units (ADUs). 4. Review/Decision-Making Authority: Under the NCZO and State law, the Planning Commission is required to review, conduct a public hearing on, consider and make recommendations to the Board regarding the proposed ordinance amending the NCZO and CZO. The Board, at a subsequent public hearing, will consider your Commission s recommendations and decide whether to adopt, not adopt or adopt with modifications the proposed ordinances. 5. History and Background: Accessory dwelling units (ADUs) formerly known as second dwelling units (SDUs), granny flats or in-law units, have been identified by the State of California as an important additional source of housing for renters and homeowners. ADUs typically cost less to construct than other types of housing, largely because they do not require paying for land or major new infrastructure. A form of infill development, ADUs provide housing for family members, students,

2 Page 2 of 21 elderly, in-home health care providers, the disabled and others at below market prices within existing neighborhoods. In September 2016, Governor Brown signed two legislative acts (AB 2299 and SB 1069) that amended California Government Code section They established new ADU requirements that applied statewide and were intended to encourage construction of more ADUs to address the supply and affordability of housing in California. The new statute went into effect on January 1, In October 2017, two additional legislative acts (AB 494 and SB 229) were signed into law that clarified the intent and modified the language of Government Code Section These went into effect on January 18, In combination, the 2016 and 2017 ADU laws constitute the New ADU Law (Exhibit 2). The notable provisions of the New ADU Law are described in the project description below. Interim Urgency Ordinances 4507 and 4509 The legislative acts that went into effect on January 1, 2017 invalidated all local ordinances that did not fully comply with Government Code section To achieve compliance with the new statute, the County s then existing non-coastal ADU regulations (Former SDU Ordinance), were replaced on March 14, 2017 with a new interim urgency ordinance, Ordinance 4507 (ADU Interim Ordinance, Exhibit 3). The ADU Interim Ordinance was adopted as an urgency measure, pursuant to Government Code section 65858, and took effect immediately upon adoption without Planning Commission review and recommendation, as would normally be required for an ordinance amendment. The ADU Interim Ordinance modified the Former SDU Ordinance to the extent necessary to comply with the new statute, applied the County s existing development standards where allowed, and reenacted regulatory protections for the Ojai Traffic Impact Area and the Arroyo Santa Rosa Valley/Tierra Rejada Groundwater Quality Impact Area (Impact Areas) originally identified in the Former SDU Ordinance. Additionally, the ADU Interim Ordinance revised minimum lot size requirements down to 9,000 sq. ft. in some unincorporated areas and modified dwelling unit size restrictions for ADUs located outside of the Impact Areas. The ADU Interim Ordinance applied only to non-coastal areas. Pursuant to Government Code section 65858, an interim ordinance adopted as an urgency measure is valid for an initial period of 45 days, but the Board can extend the provisions for an additional 10 months and 15 days. On April 18, 2017, the Board granted an extension through March 13, 2018 with the adoption of Ordinance 4509 to provide staff enough time to develop a permanent ADU ordinance. Board Direction On September 19, 2017, Planning Division staff reported back to the Board to receive direction on policy options to be integrated into the permanent ADU

3 Page 3 of 21 regulations (Exhibit 4). At the hearing, Planning Division staff provided additional analysis as requested by the Board. The following topical areas were covered: Minimum lot area and ADU sizing thresholds within the Ojai Traffic Impact Area; Creation of a new Fire Hazard Impact Area; Minimum lot area requirements for ADUs in non-impact areas; ADU regulations for the conversion of detached structures in the Open Space (OS) and Agricultural Exclusive (AE) zones; and, The extent and scope of potential Coastal Zoning Ordinance Amendments. Proposed revisions to the CZO and NCZO reflect the direction received from the Board of Supervisors on these topics. 6. Project Description: As mentioned above, ADUs have been identified by the state to be an important source of affordable housing. The New ADU Law established mandatory provisions to facilitate the development of ADUs, as well as provisions that are more flexible and left to the discretion of local agencies. The following project description provides a brief overview of the new regulations and an in-depth analysis of proposed regulations specific to the County of Ventura. The proposed ordinance language for the NCZO and CZO can be found in a clean version in Exhibits 5 and 6 as well as in legislative format with staff explanation in Exhibits 7 and 8. a. Mandatory Provisions Regulating ADUs All of the mandatory provisions of the New ADU Law in effect January 2017 were implemented into the NCZO through the ADU Interim Ordinance. Table A, below, provides a summary of these provisions as they apply to development standards for ADUs. In addition to these changes, the definition and nomenclature used to describe ADUs were mandatory components of the New ADU Law. Previously ADUs were called second dwelling units. The New ADU Law changed this term to accessory dwelling units. The ADU Interim Ordinance further amended the definition of an ADU to reflect the definition provided in the New ADU Law. Table A: Mandatory Development Standards for ADUs Development New ADU Law Provision Standard 1. Zoning Applicability (a)(1) The New ADU Law applies to lots zoned to allow single-family or multifamily use.

4 Page 4 of 21 Development Standard 2. ADU types (a)(1)(d)(iii) 3. Permitting Requirements (a)(3) 4. Mandatory Interior ADUs (see 2.a. above) (e) 5. Parking Requirements (a)(1)(D)(x)(i) and (ii) 6. Parking Reduction (d) 7. Replacement Parking (a)(1)(D)(xi) New ADU Law Provision There are three different types of ADUs: a. Conversions of existing space are Interior ADUs these are ADUs created within the space of a single-family dwelling or accessory structure that do not expand the footprint of the existing building. b. Attached ADUs that are attached to an existing singlefamily dwelling, similar to a home addition. c. Detached ADUs that are constructed on the same lot as the principal dwelling unit but are free standing buildings or are constructed above a detached garage. Applications for ADUs must be considered ministerially within 120 days. ADUs that are located within the existing space of a single-family dwelling or accessory structure must be approved with a building permit if they meet all the following criteria: a. Located on a single-family zoned lot; b. Provide independent exterior access; and c. Maintain side and rear setbacks sufficient for fire safety The maximum parking requirement that a local agency may impose is one parking space per ADU. The space can be provided in setback areas and through tandem parking on a driveway. Parking requirements cannot be imposed when: a. The ADU is located within one-half mile of public transit; 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. On-street parking permits are required but not offered to the occupant of the ADU; or e. There is a car share vehicle located within one block of the accessory dwelling unit. If the garage for the principal dwelling (single-family dwelling) is demolished or converted as part of an ADU project, replacement parking for the principal dwelling is allowed in any configuration on the same lot, including but not limited to parking that is covered, uncovered, or tandem.

5 Page 5 of 21 Development Standard 8. Setbacks (a)(1)(D)(vii) New ADU Law Provision a. For an ADU converted from an existing garage no setback is required. b. For an ADU constructed over an existing detached garage the minimum required setback for the ADU from the side and rear lot lines is five feet. b. Local Agency Discretion Though the new ADU Law mandated application of the development standards listed above, it also provided local agencies with some flexibility to adopt standards in the topical areas listed in Table B below. Table B: ADU Regulations with Local Agency Discretion Development New ADU Law Provision Standard 1. Location of ADUs (a)(1)(a) Local agencies have the authority to designate where ADUs, not including Mandatory Interior ADUs, may be permitted. The designation of areas where ADUs are not permitted may be based on the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety. 2. Occupancy and Rental Terms (a)(6) Local agencies may require the following: a. The applicant for an ADU permit be an owner-occupant. b. The property be used for rentals of terms longer than 30 days, thus eliminating short-term rentals. 3. Maximum ADU Size (c) 4. Less Restrictive Requirements (g) The New ADU Law limits detached and attached ADUs to 1,200 sq. ft. in size, and limits attached ADUs to no more than 50% of the living area of the primary residence. Local agencies may establish maximum unit sizes smaller than 1,200 square feet, provided that the regulations don t unreasonably restrict opportunities for ADUs, and that the regulations allow an efficiency unit as defined in Health and Safety Code Section Local agencies are not restricted to the standards within the New ADU Law. They may adopt less restrictive requirements. The following is a general discussion of the amendments to the ADU development standards proposed for the NCZO in response to both the New ADU Law and direction from the Board of Supervisors. The proposed changes would facilitate the development of accessory dwelling units and protect public health and safety.

6 Page 6 of 21 Interior ADUs in Non-Residential Zones Local ordinance standards such as maximum unit size, minimum lot area (including within identified Impact Areas), maximum lot coverage, parking space requirements, setbacks etc., may not be imposed on Mandatory Interior ADUs, as referenced above in Table A. This creates the potential for ADUs to be created within existing, relatively large accessory structures, such as barns, which could easily exceed the 1,800 sq. ft. limit for ADUs. To address this issue, the ADU Interim Ordinance included a provision limiting conversion of accessory structures to those that were permitted by the Planning Division prior to March 14, 2017 (the date of the ADU Interim Ordinance adoption). The intent was to reduce the possibility of construction of new accessory structures which could later be converted into ADUs. Planning Division staff later found that this provision conflicted with the intent of the New ADU Law. It is now proposed for removal. Pursuant to the New ADU Law, the provision that regulates Mandatory Interior ADUs only applies to ADUs created within the existing space of a single-family dwelling on lots zoned for residential use. However, the County has ministerially permitted ADUs on lots zoned Open Space (OS) and Agricultural Exclusive (AE) since To continue to facilitate the development of ADUs in rural areas, while maintaining the appropriate development standards, the Board directed Planning Division staff to continue to allow ministerial ADUs, but to regulate Interior ADUs located in the OS and AE zones such that the conversion of detached agricultural accessory structures occurs with reasonable size limits applied. Planning Division staff proposes to allow Interior ADUs within the principal dwelling unit to be any size in OS and AE zones; however, the ADU must be created within the existing building footprint and a zoning clearance will be required. Proposals to convert detached accessory structures to ADUs in OS and AE zones will need to adhere to standards that apply to all other ADUs. This means that on lots less than 40 acres, the maximum ADU unit size will be 1,200 sq. ft. On lots 40 acres or more in area, the maximum ADU unit size will be 1,800 sq. ft. and all other development standards for the zone must be met. Impact Areas The ADU Interim Ordinance carried over provisions from the Former SDU Ordinance that identified and regulated two Impact Areas beginning in 2003 the Arroyo Santa Rosa/Tierra Rejada Groundwater Quality and the Ojai Traffic Impact Area (Impact Areas). The regulations in the existing Impact Areas limit both the size of ADUs and require lots to be a minimum size to qualify for the addition of an ADU. The New ADU Law gives local agencies the authority to designate areas where ADUs may be permitted or restricted based on criteria such as the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. The New ADU Law further allows

7 Page 7 of 21 local jurisdictions to impose standards on accessory dwelling units related to parking, height, setbacks, lot coverage, and maximum unit size. Pursuant to the New ADU Law, these standards may be applied to all but Mandatory Interior ADUs. Thus, where existing space is converted to an ADU, the more restrictive standards of the Impact Areas would not apply. In its September hearing, the Board directed Planning Division staff to reevaluate the standards in the two existing Impact Areas with the intent to facilitate the development of more ADUs while maintaining protections to traffic and groundwater quality. Additionally, due to the relaxed parking regulations in the New ADU law, the Board directed staff to consider creating a Fire Hazard Impact Area that would address potential emergency vehicle access issues. (1) Ojai Traffic Impact Area The Ojai Valley is unique with regards to traffic, because primary road access is limited to one highway (State Route 33). Segments of the highway are operating at a Level of Service during peak hours that do not meet the policies of the General Plan. The Ojai Valley Area Plan addresses these impacts through specific traffic policies, but these policies do not apply to ministerial ADU entitlements. During the 2003 comprehensive update to the Former SDU Ordinance, the Board directed Planning Division staff to permit ADUs of up to 700 sq. ft. and up to one bedroom in the Ojai Traffic Impact area on lots of one acre or more in size. In 2017, Transportation Division staff reviewed the 2003 methodology used to determine potential traffic impacts on State Route 33 and determined that the addition of a 700 sq. ft. ADU would be comparable to the peak hour impacts from a 900 sq. ft. or 1,200 sq. ft. ADU. Their conclusion was that generally, it is the number of drivers in a household that determines traffic impacts rather than the size of the dwelling unit. Thus, from a transportation engineering perspective, there would be no demonstrable difference in the number of peak hour trips generated based solely on the size of the ADU. In September, Planning Division staff reported to the Board that approximately 23 ADUs were constructed in the Ojai Traffic Impact Area over a 10-year span (January 2007 to December 2016), averaging two ADUs per year. Eligibility for an ADU during this time period was based on the standards adopted in 2003, which required a one acre lot size. Given the small number of ADUs constructed in recent years, which can be attributed to many factors, the Board directed Planning Division staff to develop two sizing tiers for ADUs in the Ojai Traffic Impact Area, as shown below:

8 Page 8 of 21 Traffic Impact Area Minimum Lot Area Maximum ADU Size 1 /No. of Bedrooms 20,000 sq. ft. or greater 900 sq. ft./two bedrooms 1 acre or greater 1,200 sq. ft./three bedrooms 1 For attached ADUs, the maximum unit size is limited to 50% of the primary dwelling unit or the allowed maximum ADU size, whichever is less. This allows larger ADUs to be constructed and lowers the minimum lot area for an ADU within the Ojai Traffic Impact Area. On November 20, 2017, Planning Division staff presented the proposed minimum lot size and ADU sizing thresholds to the Ojai Valley Municipal Advisory Committee (MAC) and they voted unanimously to support the proposal. (2) Arroyo Santa Rosa/Tierra Rejada Groundwater Impact Area During the comprehensive update of the Former SDU Ordinance, County staff identified potential groundwater quality impacts in the Arroyo Santa Rosa and Tierra Rejada Valleys that warranted more restrictive ADU standards. The Board directed Planning Division staff to restrict the size and number of bedrooms of ADUs on lots that drain to the Arroyo Santa Rosa and Tierra Rejada groundwater basins and to set larger minimum lot areas. The intent was to protect areas that may be impacted by high nitrates in groundwater supplies while still allowing for ADUs where appropriate. The sizing thresholds in the Former SDU Ordinance, which were carried over to the ADU Interim Ordinance, are as follows: Current Groundwater Impact Area ADU Thresholds Minimum Lot Area Maximum ADU Size 1 /No. of Bedrooms 4.32 acres or greater 700 sq. ft./one bedroom 5.06 acres or greater 900 sq. ft./two bedrooms 8.82 acres or greater 1,200 sq. ft./three bedrooms 1 For attached ADUs, the maximum unit size is limited to 50% of the primary dwelling unit or the allowed maximum ADU size, whichever is less. The Ventura County Watershed Protection District Groundwater Resources Division (Groundwater Division) staff reviewed the 2003 methodology used to determine groundwater impacts and determined that bedroom equivalency is a better determinant of groundwater impacts than the size of a unit. Additionally, they updated the underlying data input into the County s Nitrate Formula to reflect current groundwater conditions. These updates resulted in a slightly reduced minimum lot area requirement for new ADUs.

9 Page 9 of 21 Consistent with direction from the Groundwater Division staff (Exhibit 9, Groundwater Resources Memo dated January 11, 2018), the new ordinance stipulates that ADUs utilizing septic systems in the identified Groundwater Impact Areas be restricted based on bedroom equivalency rather than unit size. In addition, any ADU connected to sewer would not be subject to the more restrictive standards. A bedroom equivalent is any room not identified as a core room, including: sleeping rooms, dens, studios, sewing rooms, game rooms, libraries, studies, etc. A core room is a room typically found in a single-family dwelling utilized for basic living functionality, such as: kitchen, living room, bathroom, utility room and family room. Definitions of these terms have been added to the NCZO attached in Exhibit 5. To maintain consistency with the ADU sizing thresholds countywide, Planning Division staff is recommending a maximum 1,200 sq. ft. ADU with the bedroom equivalents, as represented in the table below. Thus, an applicant with a 4-acre lot would be eligible to build a one-bedroom ADU up to sq. ft. with a kitchen, bathroom, living room, family room and one bedroom. But when a den or game room is added to this floorplan, this would result in a two-bedroom equivalent unit and would not be permitted. Proposed Groundwater Impact Area ADU Thresholds Minimum Lot Area Maximum ADU Size 1 /No. of Bedroom Equivalents 3.90 acres or greater 1,200 sq. ft./one-bedroom equivalent 4.80 acres or greater 1,200 sq. ft./two-bedroom equivalent 5.70 acres or greater 1,200 sq. ft./three-bedroom equivalent 1 For attached ADUs, the maximum unit size is limited to 50% of the primary dwelling unit or the allowed maximum ADU size, whichever is less. The bedroom equivalent number will remain the same for detached and attached ADUs. (3) Fire Hazard Impact Area Much of the unincorporated County falls within a fire hazard area as mapped by CAL FIRE. Some of these areas also have access issues that would be exacerbated by additional on-street parking if new ADUs were constructed. During the public hearings held for the ADU Interim Ordinance, members of the Board and Planning Division staff identified various communities throughout the County that have winding roads, street widths less than 20 ft., or limited on-street parking, all of which could contribute to emergency service vehicle access barriers. At these hearings, some Board members expressed concern regarding the State s mandate to relax ADU parking requirements in neighborhoods that are already overparked, particularly in areas known to be prone to fire where emergency service vehicle access may be an issue. Planning Division staff was directed by the Board to work with the Fire Marshall to identify fire hazard impact areas that

10 Page 10 of 21 would pose a potential issue for emergency vehicle access and to develop reasonable standards to address this. The New ADU Law limits local jurisdictions from regulating on-site parking requirements for ADUs, even within a designated fire hazard area, with one exception Government Code section (a)(1)(D)(x)(II), which allows cities and counties to regulate the location of required parking when specific findings are made that fire and life safety conditions exist. When these findings are made, parking for new ADUs within setback areas or as tandem parking on existing driveways can be regulated The New ADU Law otherwise allows parking for ADUs to be designated within setback areas or as tandem on driveways. In practice, many existing driveways are already used to park vehicles for the principal dwelling unit, because garage space is used by many residents for storage and other purposes, not for parking. The relaxed parking location requirements in the New ADU Law could potentially allow for properties, which were previously unable to meet parking requirements, to contribute to this practice, further adding to on-street parking constraints. For this reason, the addition of an ADU would likely result in additional parking on the street, which is a concern in the high fire hazard areas. The solution proposed by Planning Division staff is to regulate parking for new ADUs to the extent allowed by the New ADU Law on lots within identified fire hazard areas. Ventura County Fire District staff determined that the most appropriate method for identifying Fire Hazard Impact Area is to refer to the CAL FIRE Ventura County Fire Hazard Severity Zone Maps (CAL FIRE FHSZ Maps). The CAL FIRE FHSZ Maps are produced by the California Department of Forestry and Fire Protection Services and largely based on vegetation and topography, the CAL FIRE FHSZ Maps cover much of the unincorporated County with gradations from moderate to very high fire hazard. If approved, Planning Division staff will use the most current version of the CAL FIRE FHSZ Maps as they become available. These maps are scheduled for updates every few years. The two most current maps available from CAL FIRE are the Fire Hazard Severity Zones in the State Responsibility Area map, which was adopted by CAL FIRE on November 7, 2007 (Exhibit 10) and the Very High Hazard Severity Zones in the Local Responsibility Area map, which was issued by CALFIRE on October 6, 2010 (Exhibit 11). As recommended by Ventura County Fire District staff, the Planning Division staff proposes use of both maps for identifying the areas within the Fire Hazard Impact Area. The State Responsibility Area

11 Page 11 of 21 includes most of unincorporated Ventura County, but there are pockets of the unincorporated area located within cities that fall under the boundaries of the Local Responsibility Area. The proposed ordinance is drafted such that new ADUs within the CAL FIRE FHSZ boundary areas will not be allowed to provide on-site parking within setback areas or as tandem parking in the driveway, where it would otherwise be allowed, unless a waiver is granted by the Fire Marshall or his/her designee. This would minimize the potential for new ADUs to result in increased on-street parking in areas where access for emergency vehicles is potentially inadequate. However, any restrictions cannot apply to Mandatory Interior ADUs. Thus, if adopted, Fire Hazard Impact Area parking limitations would only apply to new attached or detached ADUs that do not result from the conversion of existing space. The CAL FIRE FHSZ Maps are comprehensive and, as such, there are many neighborhoods where a property is identified to be within the CAL FIRE FHSZ Map boundaries, but a new ADU would not pose a barrier to emergency service vehicle access. This would occur when the streets and access routes are adequate from a fire safety perspective. Examples include portions of Lynn Ranch and the Oak Park community. To address these exceptions, the proposed ordinance is drafted to allow these property owners to obtain a waiver from the Fire Marshall. The intent is for the additional limitations on parking within the CAL FIRE FHSZ boundaries to only apply where there is a legitimate need for it. Minimum Lot Area Requirements The New ADU Law does not identify a minimum lot area for ADUs, and leaves this threshold to be determined by local jurisdictions as long as it is not so burdensome that it unreasonably restricts the ability to construct ADUs (see Table B). The Former SDU Ordinance adopted in 2003 set a 10,000 sq. ft. minimum lot area countywide, outside of the Impact Areas. In March 2017, The Board reduced this minimum lot area requirement to 9,000 sq. ft. in the non-coastal, non-impact areas when adopting the ADU Interim Ordinance and directed staff to report back with options to potentially reduce the minimum lot size to accommodate more ADU development. In September, Planning Division staff provided the Board with a rough estimate of the number of privately-owned parcels in non-coastal areas that could accommodate ADUs based on different minimum parcel sizes. The analysis provided a theoretical estimate of parcels that could accommodate ADUs using GIS to identify the zoning on Assessor Parcel Numbers (APNs). The numbers were shared with the caveat that they are inflated and do not take into account ADUs that have already been constructed on a parcel or the

12 Page 12 of 21 fact that not every APN is a legal lot. Furthermore, the analysis did not consider site development limitations such as lack of infrastructure, steep slopes, etc. Even if significantly inflated, the numbers of eligible parcels did provide some locational context and allowed the Board to apply varying minimum lot area thresholds to individual communities. This resulted in the proposed minimum lot size requirements shown below: Minimum Lot Area Requirements Planning Areas Countywide, except the areas referenced below El Rio/Del Norte Area Plan and North Ventura Area Plan Saticoy Area Plan Existing Community of Somis, Oak Park Area Plan, and Thousand Oaks Area Plan Minimum Lot Size 9,000 sq. ft. or more 6,000 sq. ft. or more 8,000 sq. ft. or more 10,000 sq. ft. or more Owner Occupancy Requirement Government Code section (a)(6) states that a local jurisdiction has the authority to require owner occupancy to permit an ADU. The Former SDU Ordinance required owner occupancy in the principal dwelling when applying for an ADU and staff had carried this requirement over in the ADU Interim Ordinance. However, Planning Division staff is now recommending that this requirement be removed. The owner occupancy requirement has been a barrier to the development of ADUs in the County and has been extremely onerous for staff to monitor and enforce. In the past, many California jurisdictions required owner occupancy of either the ADU or the principal dwelling based on the assumption that property owner would manage his/her property better than renters would. The trend now is to remove these requirements to facilitate the development of affordable housing by removing potential barriers. In order to encourage occupancy in both the principal dwelling and ADU, as well as to prevent forced vacancy of a unit (should the property owner need to relocate), staff recommends eliminating the owner occupancy requirement as reflected in the proposed NCZO in Exhibit 5. c. Coastal Zoning Ordinance The following is a general discussion of the amendments to the ADU development standards proposed for the Coastal Zoning Ordinance (Exhibit 6) in response to the New ADU Law and direction from the California Coastal Commission (Coastal Commission) and the Board. These revisions are shown in legislative format in Exhibit 8. The ADU Interim Ordinance adopted

13 Page 13 of 21 by the Board in March 2017 did not revise the CZO to be consistent with the New ADU Law. At that time, it was unclear how the New ADU Law would apply to coastal zones, because the New ADU Law exempted coastal ordinances from substantive changes of the law where it conflicted with the California Coastal Act. Subsequent to the adoption of the ADU Interim Ordinance, two guidance memos from the Coastal Commission were sent to all coastal jurisdictions that provided some clarification (Exhibit 12). These memos were intended to help local governments interpret and implement the New ADU Law in the coastal zone. As the New ADU Law was not to supersede or lessen the application of the Coastal Act, local governments were directed to implement the new ADU standards to the extent feasible in their Local Coastal Programs. In September, the Board directed Planning Division staff to process amendments only as needed to bring the CZO into compliance with the New ADU Law without initiating a comprehensive update. As such, proposed amendments to the CZO are minor compared to those proposed for the NCZO, but integrate some of the basic changes already incorporated into the NCZO with the ADU Interim Ordinance, such as the definition of an ADU. The development standards related to dwelling unit size and lot size were not amended in the CZO and the Board did not direct Planning Division staff to address these. Currently, to build an ADU in the coastal zone, an applicant must obtain a discretionary coastal development permit (CDP), but no public hearing is required. With the New ADU Law, certain types of ADUs created as part of an improvement to an existing single-family dwelling are eligible to for a ministerially approved zoning clearance. This amounts to an exemption from a discretionary CDP, and is consistent with the categorical exclusion order found in CZO Sec To be categorically exempt, an ADU must be created within or directly attached to an existing single-family dwelling. Selfcontained residential units (e.g., detached ADUs), do not qualify as an improvement to an existing single-family residential structure and, therefore, are not categorically exempt from a CDP. Additionally, a CDP may still be required even if an ADU is otherwise categorically exempt, if there are potential impacts to coastal resources, or where a previously issued CDP for the property requires a CDP amendment for changes to the approved singlefamily dwelling or for future development on the site. In addition to the basic provisions of the New ADU Law listed above in Table A, the following amendments to the CZO are proposed: New Fire Hazard Impact Area: Equivalent to what is proposed in the noncoastal areas, high fire hazard impact areas were identified in the coastal

14 Page 14 of 21 zone utilizing CAL FIRE FHSZ maps. However, in the coastal zone, specific areas and communities have been identified as high fire hazard areas rather than relying on GIS maps for identification. The lots located within these identified communities will be allowed to construct an ADU, but will be required to provide on-site parking outside of setbacks and the driveway. The intent is to avoid the addition of on-street parking where street widths are too narrow or other emergency vehicle access barriers exist. As in the non-coastal areas, this limitation on the location of parking may be waived if the Fire Marshall determines there are no known barriers to emergency vehicle access in the vicinity. This provision will only apply to attached and detached ADUs. It will not apply to ADUs created within the existing space of the principal dwelling, as the New ADU Law does not allow the application of Impact Area restrictions to these interior conversions. Mandatory Interior ADUs: In the coastal zone, these ADUs will require a zoning clearance prior to obtaining a building permit. This is in contrast to the process in the NCZO of bypassing a zoning clearance and obtaining only a building permit as required by Government Code section (e). Mandatory Interior ADUs are proposed to be processed as a zoning clearance to facilitate compliance with the categorical exclusion order found in CZO Sec Only ADUs created from the conversion of existing space of a legally-permitted single-family dwelling or an attached accessory structure will be eligible for the zoning clearance. Where an existing detached accessory structure is converted to an ADU, a CDP will be required. As mentioned above, the New ADU Law does not supersede or lessen the application of the Coastal Act and in order to be classified as a categorically exempt development, an ADU must be created within or directly attached to the existing single-family structure. Detached residential units are not considered exempt development pursuant to the California Code of Regulations Title 14, section 13250, subdivision (a)(2). Hence, conversion of a detached accessory structure into an ADU cannot be considered exempt under the Coastal Act. Thus, in the coastal zone proposed provisions that apply to Mandatory Interior ADUs will only apply to ADUs within the existing space of a principal dwelling unit and attached accessory structures. B. CEQA COMPLIANCE AND EXEMPTION DETERMINATION Pursuant to the requirements of the California Environmental Quality Act (Public Resources Code, Division ), and State CEQA Guidelines (Title 14, California Code of Regulations, ), the proposed project was evaluated for its potential to create a significant impact to the environment.

15 Page 15 of 21 Planning Division staff has determined, and recommends that the Planning Commission find, that the adoption of the proposed ordinance (Exhibits 5 and 6) is exempt from CEQA review pursuant to Public Resource Code section , which provides, in pertinent part, that CEQA does not apply to the adoption of an ordinance to implement the provisions of Government Code section for ADUs. The proposed ordinance implements recent amendments to Government Code section On that basis, adoption of the ordinance is exempt from CEQA. C. ZONING ORDINANCE AMENDMENT FINDINGS AND SUPPORTING EVIDENCE Article 15 of the Non-Coastal Zoning Ordinance and Article 14 of the Coastal Zoning Ordinance allow the Planning Commission to recommend to the Board of Supervisors approval of amendments to the Zoning Ordinance where certain findings can be made (Gov. Code and NCZO , and CZO ). Section of the CZO states that the CZO may be amended by the Board of Supervisors whenever the public health, safety, or general welfare, good zoning practice, and consistency with the Coastal Act, the County General Plan, or the Coastal Area Plan justify such action. Section of the NCZO provides it may be amended by the Board of Supervisors whenever the public health, safety, or general welfare, good zoning practice, and consistency with General Plan justify such action... The following text provides a list of required findings and supporting evidence. The evidence in the record is hereby incorporated into all findings. 1. The proposed amendments to the NCZO and CZO serve to protect the public health, safety, and general welfare of the people of the unincorporated coastal and non-coastal areas of Ventura County. To address potential impacts to groundwater, traffic flow and emergency vehicle access in fire hazard areas, the proposed NCZO and CZO have identified geographical boundaries in which restricted development standards would apply to new ADUs. The proposed amendments provide a regulatory framework for the development of ADUs that addresses public health, safety, and general welfare issues. Therefore, based on the evidence in the record, the proposed NCZO and CZO text amendments serve to protect the health, safety, and general welfare of the people of the unincorporated areas of Ventura County. 2. The proposed amendments to the NCZO and CZO constitute good zoning practice. The proposed standards for ADUs in the NCZO and CZO only apply to lots where an existing single-family home has been legally permitted. The New ADU Law only applies is areas zoned to allow residential uses. The proposed amendments include detailed standards for issuing permits for ADUs that are consistent with the purpose of the zoning districts. Therefore, based on the

16 Page 16 of 21 evidence in the record, the proposed NCZO and CZO text amendments constitute good zoning practice. 3. The proposed amendments to the NCZO are consistent with the General Plan. The Ventura County General Plan acknowledges the construction of ADUs as an important source of affordable housing. Approximately 60% of ADUs constructed in the County are deemed affordable to lower-income households and credited towards meeting the County s Regional Housing Needs Assessment (RHNA) requirements. The RHNA establishes the minimum expected number of new dwelling units assigned to the County to accommodate regional growth, including the minimum number of units affordable to lower-income households. Since 2014 (the beginning of the current Housing Element cycle), ADUs have accounted for 31% of all affordable housing units constructed in the unincorporated area of the County. In addition, the following goals in our General Plan Goals, Policies and Programs promote the development of ADUs: Goals (2): Promote the development of room additions and accessory dwelling units to reduce overcrowding for lower-income households. Goals (5): In areas outside of Existing Communities, facilitate the construction of lower-income housing which is suited to the rural character, economy and needs of Ventura County, such as farmworker housing, manufactured housing, mobilehomes, and accessory dwelling units. The proposed NCZO amendments facilitate the development of ADUs by relaxing existing standards as required by the New ADU Law and as directed by the Board of Supervisors. These amendments do not conflict with existing General Plan policies and are, therefore, deemed consistent with the Ventura County General Plan. 4. The proposed amendment to the CZO is consistent with the California Coastal Act, General Plan and Coastal Area Plan. The General Plan and Coastal Area Plan are the County s local regulatory documents under the California Coastal Act and do not specifically address the regulation of ADUs. The proposed amendments to the CZO would specifically regulate ADU development regulations as mandated by the New ADU Law. As written, the addition of ADUs to be allowed ministerially would not have any impact upon coastal resources. Any proposed ADU that would result in impacts on coastal resources would require a discretionary Coastal Development Permit.

17 Page 17 of 21 A review of the General Plan land use policies was conducted, and it was determined that the proposed CZO amendment does not conflict with the General Plan or Coastal Area Plan land use policies. Therefore, since there are currently no ADU regulations called out in the General Plan or the Coastal Area Plan, and the proposed CZO amendment does not conflict with existing policies, nor with the California Coastal Act, the proposed amendment is deemed consistent with the General Plan and the Coastal Area Plan, and consistent with the California Coastal Act. D. PUBLIC OUTREACH To date, Planning Division staff has presented a summary of the proposed ordinance amendments in an informational presentation to the following Municipal Advisory Councils (MACs): 1. El Rio MAC October 9th, 7:00 PM Nyeland Acres Community Center, 3334 Santa Clara Ave., Oxnard 2. Casa Conejo MAC November 15th, 6:00 PM Walnut Elementary School, 581 Dena Drive, Newbury Park 3. Santa Rosa Valley MAC November 16th, 6:00 PM Santa Rosa Property Owner s Association Clubhouse, East Las Posas Road, Camarillo 4. Ojai Valley MAC November 20th, 7:00 PM Oak View Community Center, 18 Valley Road, Ojai 5. Oak Park MAC November 28th, 7:00 PM Oak Park Library,899 Kanan Road, Oak Park 6. Piru Neighborhood Council January 17th, 7:00 PM Piru Community Center, 802 Orchard St., Piru A presentation at the Somis MAC is scheduled for January 24, The Ojai Valley MAC voted unanimously to recommend support of the ADU ordinance amendments to the Board of Supervisors as proposed in the presentation. The other MACs hosted a question and answer session with Planning Division staff, but no formal recommendations were voted upon. E. PLANNING COMMISSION HEARING NOTICE AND COMMENTS The Planning Division provided public notice regarding the Planning Commission hearing in accordance with Government Code section 65091, and Ventura County Non-Coastal Zoning Ordinance Section The Planning Division also ed notices to interested parties, all residential HOAs with a current address on file, and placed a legal ad providing notice of this public hearing in the Ventura County Star.

18 Page 18 of 21 As of January 10, 2018, no comments have been received. F. RECOMMENDED ACTIONS Based upon the analysis and information provided above, Planning Division staff recommends that the Planning Commission take the following actions: 1. CERTIFY that your Commission has reviewed and considered this staff report and all exhibits hereto, and has considered all comments received during the public comment process; 2. ADOPT a Resolution recommending that the Board of Supervisors take the following actions regarding the proposed amendments to the Ventura County Non-Coastal Zoning Ordinance: a. CERTIFY that the Board of Supervisors has reviewed and considered the Board letter, the Planning Commission staff report and all exhibits thereto and has considered all comments received during the public comment process; b. FIND on the basis of the entire record and as set forth in Section B of this Planning Commission staff report that the adoption of the proposed ordinance (Exhibit 5) amending Articles 2, 5, 7, 8, 9, 11, 13, and 19 of the Ventura County Non-Coastal Zoning Ordinance is exempt from CEQA pursuant to Public Resources Code section , which provides, in pertinent part, that CEQA does not apply to adoption of an ordinance to implement the provisions of Government Code section for ADUs; c. FIND, based on the substantial evidence set forth in Sections A, B, C and D of the Planning Commission staff report, the public testimony received and the entire record, that the proposed ordinance amending Articles 2, 5, 7, 8, 9, 11,13, and 19 of the Ventura County Non-Coastal Zoning Ordinance (Exhibit 5) is consistent with Government Code section , the Goals, Policies and Programs of the Ventura County General Plan and good planning practices and is in the interest of public health, safety or general welfare; d. FIND, on the basis of the entire record, and as specifically set forth in Section A of the Planning Commission staff report, that accessory dwelling units would not be feasible in the fire hazard impact areas, identified in the CAL FIRE FHSZ maps (Exhibits 10 and 11), due to potential impacts on emergency vehicle access without restricting parking locations for accessory dwelling units outside of setback areas and tandem parking on driveways;

19 Page 19 of 21 e. ADOPT the proposed ordinance amending Articles 2, 5, 7, 8, 9, 11, 13, and 19 of the Ventura County Non-Coastal Zoning Ordinance (Exhibit 5); 3. ADOPT a Resolution recommending that the Board of Supervisors take the following actions regarding the proposed amendments to the Ventura County Coastal Zoning Ordinance: a. CERTIFY that the Board of Supervisors has reviewed and considered the Board letter, the Planning Commission staff report and all exhibits thereto and has considered all comments received during the public comment process; b. FIND on the basis of the entire record and as set forth in Section B of this Planning Commission staff report that the adoption of the proposed ordinance (Exhibit 6) amending Articles 2, 4, 5, 6, 8, and 11 of the Ventura County Coastal Zoning Ordinance is exempt from CEQA pursuant to Public Resources Code section , which provides, in pertinent part, that CEQA does not apply to adoption of an ordinance to implement the provisions of Government Code section for ADUs; c. FIND, based on the substantial evidence set forth in Sections A, B, C and D of the Planning Commission staff report, the public testimony received and the entire record, that the proposed ordinance amending Articles 2, 4, 5, 6, 8, and 11 of the Ventura County Coastal Zoning Ordinance (Exhibit 6) is consistent with Government Code section , the Goals, Policies and Programs of the Ventura County General Plan, the Coastal Act and good planning practices and is in the interest of public health, safety or general welfare; d. FIND, on the basis of the entire record, and as specifically set forth in Section A of the Planning Commission staff report, that accessory dwelling units would not be feasible in the fire hazard impact areas, identified in Exhibit 8,due to potential impacts on emergency vehicle access without restricting parking locations for accessory dwelling units outside of setback areas and tandem parking on driveways; e. ADOPT the proposed ordinance amending Articles 2, 4, 5, 6, 8, and 11 of the Ventura County Coastal Zoning Ordinance (Exhibit 6); and 4. SPECIFY the Clerk of the Board of Supervisors at 800 S. Victoria Avenue, Ventura, CA as the custodian and location of the documents and materials that constitute the record of proceedings upon which these decisions are based. This staff report has been reviewed by County Counsel. The Board of Supervisors hearing to consider the proposed amendments is tentatively scheduled for February 27, 2018 in the Board of Supervisor s Hearing Room.

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