State housing law (Government Code section 65580 et seq.), requires, among other actions, that Shasta County: (a) facilitate the improvement and development of housing adequate to meet the needs of all economic segments of the community, (b) designate and maintain a supply of land that is suitable, feasible and available for the development of housing to meet the housing needs for all income levels, (c) prepare and implement a local Housing Element as part of its General Plan, (d) determine what is needed to contribute to the attainment of the state's housing goal in a manner compatible with the state's housing goal and the Regional Housing Needs Allocation (RHNA) assigned to the County by the state.
In accordance with Government Code 65583.2(c)(3)(B)(iii) and the United States Census, Shasta County is a Metropolitan Statistical Area (MSA) with a population under 2 million, and is thereby designated by the State to be a "suburban jurisdiction" by the State with an assigned "default density" of 20 residential dwelling units per acre (du/ac). The default density is the residential density presumed to feasibly accommodate lower income families.
Program 8 of the County's 2009-2014 Housing Element committed the County to rezone enough land at the default density within the unincorporated area of the County to fully accommodate the County's RHNA obligation for lower income households (approximately 800 units from the 2009-2014 planning cycle and approximately 306 from the 2014-2019 planning cycle).
The Current General Plan and Zoning Plan accommodate a maximum density of 16 du/ac. Therefore, to fulfill its obligations it is necessary for the County to amend the General Plan and Zoning Plan to allow residential development in appropriate areas of the County where water, sewer and other urban services are or will be available, at a density of at least 20 du/ac.
Other revisions to the state's housing related laws including, among others, density bonus, accessory dwelling units and reasonable accommodation require updates and revisions to the County's Zoning Plan to achieve and maintain compliance with state law, and are included in this Zone Amendment.
Additional revisions to the County Zoning Plan are warranted and included in this proposed Zone Amendment to (1) maintain internal consistency, (2) provide policy and procedural clarification for some provisions, and (3) reduce the permitting and review requirements for some uses.
Summary of the main housing-related amendments:
Emergency Shelters are defined and allowed by right in the Commercial-Light Industrial (CM) zone subject to compliance with development standards (see 17.88.275).
Transitional and Supportive Housing are defined and allowed subject to the same provisions that apply to a one-family residence, wherever a one-family residence is allowed by right (see 17.02.591 and 17.02.603).
In Urban land use designations and the Multifamily Residential (R3) zone, the maximum density remains 16 du/ac except on parcels identified in the Housing Element or otherwise identified by the County for lower income housing. In such cases the maximum residential density is 25 du/ac. Establishes the minimum density in these areas at 80% of maximum to ensure efficient build out of limited land within service districts.
Add a Mobile Home Park conversion chapter to protect mobile home parks important to providing affordable housing in the County, and to minimize adverse impacts to lower income and special needs residents resulting from the conversion of mobile home parks to other uses (see 17.39)
The Density Bonus chapter is amended to comply with current state density bonus law (see 17.83).
A Reasonable Accommodation chapter is added to provide a process for requesting and granting people with disabilities reasonable accommodation from various County rules and procedures as necessary to ensure equal access to housing (see 17.100).
Prior provisions for senior citizen residence and servants quarters, which limited occupancy by age or employment status are omitted and replaced by Accessory Dwelling Units, which are allowed where a primary residence is permitted by right and carry no such restrictions.
Summary of other important amendments:
Eases limitations on caretaker residence in commercial and industrial zones.
Amends Mixed Use zone to allow one- or two-family residence with Zone Permit rather than Administrative Permit; allow retail sales, personal services and professional offices in new buildings with an Administrative Permit rather than a Use Permit; allows multifamily residential uses with a use permit where adequate utilities and services exist (see 17.54).
Clarifies procedures and expectations for Planned Development zones and allows flexibility in project design and amenities (see 17.62).
Amends the Design Review (DR) combining zone to allow uses allowed by right in the principal zone with an Administrative Permit rather than a Use Permit (see 17.78).
Reduces off-street parking requirements for multifamily and senior residential developments (see 17.86).
Provides that when an application for a Use Permit is accompanied by an application for a rezone or General Plan amendment, the Planning Commission shall make a recommendation to the Board of Supervisors on the entire project, including the Use Permit, and the Board shall make the final decision (see 17.92).
Clarifies the standards and procedures for granting a Minor Modification to a Use Permit by the Director, and an Amendment to the Use Permit granted by the Planning Commission (see 17.92).
Clarifies the procedure for the Director's determination of similar use, zoning plan interpretation and land use verification, and process for appeals (see 17.94).
The Planning Commission held two duly noticed public workshops on February 8, 2018, and May 10, 2018, to consider Zoning Plan Amendment Z17-003, and received a presentation from planning staff and testimony from agencies, housing advocates and the public; and held two duly noticed public hearings to consider Z17-003 at a Regular Meeting held on June 14, 2018, and at a Special Meeting held on June 21, 2018, at which the Commission received a report from staff and considered all written comments and all testimony from agencies, housing advocates and the public. Following the public workshops and public hearings, the Planning Commission adopted Resolution 2018-015, by unanimous vote, recommending that the Board of Supervisors approve Zoning Plan Amendment Z17-003.