TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building, and Environmental Services
REPORT BY: Trevor Hawkes, Supervising Planner
SUBJECT: Introduction and intention to adopt an Ordinance amending the Napa County Code for Titles 17 (Subdivisions) and 18 (Zoning), to bring the Code into alignment with current State law and the County's recently certified Housing Element to the General Plan.
RECOMMENDATION
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PUBLIC HEARING - Ordinance Amending Napa County Code
Introduction and intention to adopt an Ordinance amending the Napa County Code for Titles 17 (Subdivisions) and 18 (Zoning), to bring the Code into alignment with current State law and the County's recently certified Housing Element to the General Plan. (No Fiscal Impact)
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BACKGROUND
To implement the recently adopted County Housing Element and in response to numerous recent legislative changes to State housing law, staff from the PBES Department and County Counsel, as well as outside legal consultants, prepared a series of recommended draft amendments to the Napa County Code.
On July 17, 2024, the Planning Commission held a study session to review the recommended changes, take any public comments, and provide direction regarding the proposal. There were no public comments. At that time, the Commission directed staff to revise the draft ordinance to require that medium residential care facilities obtain a Use Permit in the AP (Agricultural Preserve) and AW (Agricultural Watershed) Zones. Staff incorporated the Commission’s direction into the draft ordinance and made other, technical changes to ensure the ordinance conforms with State law. The Planning Commission considered the revised draft ordinance on August 7, 2024, and unanimously recommended that the Board of Supervisors adopt the draft ordinance. There was no public comment on the item, although the Commission received several letters regarding the designation of housing along Foster Road, which had already been approved in the certified Housing Element.
The draft ordinance implements 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 (Government Code Sections 65852.21 and 66411.7) was signed by the Governor in 2021. This bill requires ministerial approval, in a census-designated urban area, 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 (Government Code Section 65913.4) was signed by the Governor in 2017 and has been amended numerous times since. 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. SB 35 cannot be used on land zoned or designated for agricultural preservation by a voter-approved ballot measure.
In general, the draft ordinances provide detailed implementation of the Housing Element and legislation in the following major 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. (Required by SB 9.)
• 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. (Required by ADU statutes (Government Code Sections 66314 et seq.) and SB 9.)
• Defines low barrier navigation centers, supportive housing, permanent supportive housing, transitional housing, and emergency shelters and allows them where required as ministerial uses without a public hearing in agricultural, residential, and industrial zones. (Government Code Sections 65650 et seq., 65660 et seq. and 65582(c)(3).)
• 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. (Housing Element Objective H-5f; Government Code Sections 65585(i)(j).)
• Establishes minimum densities and limits the development standards to be applied to Specified Priority Housing Development Sites as identified in the Housing Element. (Government Code Section 65583.2; Housing Element Objective H-5f; Government Code Sections 65585(i)(j).)
• 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. (Housing Element Objective H-5f; Government Code Sections 65585(i)(j).)
• Reduces parking requirements for accessory dwelling units, residential care facilities, and emergency shelters. (ADU statute; Housing Element Objective H-5f; Government Code Sections 65583(a)(4); 65585(i)(j).)
• Creates a streamlined and expedited process for the consideration of applications for ministerial housing projects. (Housing Element Objective H-5f; Government Code Sections 65585(i)(j).)
• Amends the County’s density bonus provisions to conform with state law. (Government Code Section 65915.)
• Amends the County’s reasonable accommodation ordinance to be consistent with regulations adopted by the Civil Rights Council.
• Clarifies to indicate that accessory dwelling unit(s) and one junior accessory dwelling unit are allowed in the Agricultural Preserve (AP) Zone without a Use Permit, so long as the conditions in Section 18.104.080 are satisfied.
• Clarifies to indicate that accessory dwelling unit(s) and one junior accessory dwelling unit are allowed in the Agricultural Watershed (AW) Zone without a Use Permit, so long as the conditions in Section 18.104.080 are satisfied.
• Clarifies to allow accessory dwelling units to be located within proposed primary single-family homes.
• Clarifies to limit junior accessory dwelling units to single-family homes, as required by state law.
An Executive Summary of the draft ordinance is attached. In addition, a guide showing which draft ordinance sections implement specific Housing Element action items is also attached.
The Clerk of the Board caused a notice of the proposed be published in a newspaper of general circulation in Napa County as required by Government Code Section 25124.
PROCEDURAL REQUIREMENTS:
1. Open Public Hearing.
2. Staff report.
3. Public comments.
4. Close Public Hearing.
5. Motion, second, discussion, and vote on intention to adopt the Ordinance.
REQUESTED ACTION:
1. Introduction and intent to adopt the proposed Ordinance.
FISCAL & STRATEGIC PLAN IMPACT
Is there a Fiscal Impact? |
No |
Is it Mandatory or Discretionary? |
Mandatory |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: On January 24, 2023, the Napa County Board of Supervisors adopted a resolution certifying an Environmental Impact Report (EIR) (State Clearinghouse # 2022010309) and adopting Findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program pursuant to CEQA for the Napa County General Plan Housing Element and Safety Element Updates (HEU & SEU). The project description provided in the certified EIR included zoning changes proposed in this action. No supplemental or subsequent EIR is required, in that no additional zoning changes are proposed that affect the physical environment, and no new information or changes to circumstances have occurred which involve new significant environmental effects or a substantial increase to the severity of previously identified effects.
In addition, the zoning ordinance revisions are exempt from the California Environmental Quality Act based on the following:
1. The zoning changes are covered by the “common sense exemption” (CEQA Guidelines Section 15061(b)(3)) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the adoption of the ordinance may have a significant effect on the environment, in that the ordinance simply incorporates into the County Code provisions required by state law and adopted in the County’s Housing Element. Failure by the County to act to implement the Housing Element may permit the Department of Housing and Community Development to revoke its approval of the County’s Housing Element and refer the County to the Attorney General. (Government Code Sections 65585(i), (j).)
2. Adoption of an accessory dwelling unit ordinance to implement the provisions of state law is statutorily exempt from CEQA. (Public Resources Code Section 21080.17.)
Adoption of an ordinance to implement provisions of SB 9 (Government Code Sections 65852.21 and 66411.7) is not a project under CEQA. (Government Code Sections 65852.21(j) and 66411.7(n).).