TO: Napa County Planning Commission
FROM: David Morrison for Brian D. Bordona, Director of Planning, Building, and Environmental Services
REPORT BY: David Morrison, Special Projects Director
SUBJECT: Presentation on Draft Code Amendments Related to Housing
RECOMMENDATION
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Presentation on Draft Code Amendments Related to Housing
Request: Presentation to review and discuss proposed revisions to bring the Napa County Code into alignment with current State law and the County’s recently approved Housing Element, and to receive direction from the Commission on any additional changes to the draft ordinance.
Staff Recommendation: Informational item. No action necessary.
Staff Contact: David Morrison, Special Projects Director, 916-719-6797 or david.morrison@countyofnapa.org.
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EXECUTIVE SUMMARY
Proposed Action:
This is an informational item; no action is proposed. Discussion by the Commission will be addressed by staff in revisions to the draft ordinances. It is anticipated that the draft ordinances will be brought to the Commission for a recommendation in August and consideration for adoption by the Board of Supervisors in September.
Discussion:
To implement the recently adopted County Housing Element and in response to numerous recent legislative changes to State housing law, staff from PBES and County Counsel, as well as outside legal consultants, have prepared a series of recommended draft amendments to the Napa County Code. Staff will provide an overview of the proposed code amendments. The purpose of this agenda item is to inform the Commission and the public of the recommended changes and to accept any direction from the Commission regarding the proposal. It is not intended as policy discussion of either the adopted Housing Element and/or State legislation. The Commission should accept public comments and/or questions regarding this item.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The presentation and discussion is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND
Attached are three different draft ordinances, all of which are related to housing:
a. Draft Housing Omnibus Ordinance (Attachment 1 & 2, clean and redlines versions)
b. Draft Accessory Dwelling Unit Ordinance (Attachment 3)
c. Draft Modified Density Bonus Ordinance (Attachment 4 & 5, clean and redline versions)
An Executive Summary of the three ordinances is also provided in Attachment 6. In addition, a guide showing which draft ordinance sections implement specific Housing Element action items is provided in Attachment 7.
The draft ordinances implement several actions in the recently adopted Napa County Housing Element, as well as recent housing legislation enacted by the State: Senate Bills (SB) 9 and 35.
The Napa County Housing Element is a required element within the General Plan that establishes housing goals and policies for the unincorporated area and must be updated every eight years. The 2022 Housing Element was recommended for approval by the Planning Commission in December of 2023 and was adopted by the Board of Supervisors in February of 2024.
SB 9 was signed by the Governor in 2021. This bill requires ministerial approval of a housing development of no more than two units in a single-family zone (duplex), the subdivision of a parcel zoned for residential use into two parcels (lot split), or both.
SB 35 was signed by the Governor in 2017. This bill creates a streamlined, ministerial approval process for infill developments in jurisdictions that have failed to meet their regional housing needs assessment (RHNA) numbers. This bill applies to a site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster or a site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
In general, the draft ordinances provide detailed implementation of the Housing Element and legislation in the following areas:
* Establishes procedures for allowing parcels to be divided in single family residential zones, in a ministerial process without a public hearing, so long as specific criteria are met.
* Includes second units and guest cottages within the definition of accessory dwelling unit. Allows two-unit housing developments in all residential zones. Also exempts accessory dwelling units from development standards related to parking and height.
* Defines low barrier navigation centers, supportive housing, permanent supportive housing, and transitional housing, and allows them as ministerial uses without a public hearing in agricultural, residential, and industrial zones.
* Allows medium residential care facilities as ministerial uses without a public hearing in agricultural and residential zones. Also allows large residential care facilities in the Residential Country (RC) zone with a use permit.
* Establishes minimum densities and limits the development standards to be applied to Specified Priority Housing Development Sites as identified in the Housing Element.
* Allows farmworker centers to be subdivided into 1,200 square foot parcels to allow for individual home ownership. Also allows non-government organizations to own and/or operate farmworker centers.
* Reduces parking requirements for accessory dwelling units, residential care facilities, and emergency shelters.
* Creates a streamlined and expedited process for the consideration of applications for ministerial housing projects.