CLEARLAKE, Calif. – The Clearlake Planning Commission has completed its recommendation for a proposed amendment to the city's zoning ordinance to update, among other things, the housing element.
The recommendation is to be presented to the Clearlake City Council for its consideration on Thursday, July 24.
The proposed amendment concerns the updating of the city's housing element and related zoning code changes that need to be brought into state compliance.
Planning consultant Gary Price said the zoning code revisions are included to satisfy a number of commitments in the current housing element.
According to Price, a number of local housing related regulations were required to be adopted by the end of June.
He said while the city will not make that deadline, it is important that it show diligent effort to do so to the California Department of Housing and Community Development (HCD), the agency that approves the housing element.
Price said failing to complete the task could present legal challenges for the city if a situation arises that relates to the zoning code that's awaiting revision – such as if a disabled person wants a design change.
Price said the city needs to secure the 2014-19 Housing Element as quickly as possible to maintain eligibility for grants.
For a period of time, he said, the city would not be eligible in a grant cycle without an adopted housing element.
The next grant cycle begins in December, he said.
Price said he expects the process leading to the adoption of the housing-related regulations to be complete within 60 to 90 days.
The council will conduct a public hearing to consider adoption of the zoning code amendment, he said. The ordinance will become effective 30 days following its second reading.
“Adoption would result in demonstrating that the city has made diligent effort to satisfy the commitments made in the Housing Element and to comply with more recent State Housing Law,” Price stated. “This paves the way for pursuing an update to the city's Housing Element, which requires HCD approval.”
The current Housing Element incorporates programs – or commitments to the state – concerning adoption of several new regulations, including:
- Allowing community care facilities serving six or fewer persons as a permitted use and requiring a conditional use permit for facilities serving seven or more persons in all residential zones.
- Adding “transitional housing” and “supportive housing” definitions and treating these as permitted uses.
- Defining “emergency shelters” and, in accordance with state law, allow them in the R3 zoning district.
- Updating the language for density bonuses to comply with state requirements.
- Adding new provisions for reasonable accommodations.
- Revising density standards in R3 zones to allow up to 20 units per acre.
- Eliminating the requirement for a conditional use permit for densities between 10 and 20 units per acre.
- Defining and providing for development of single residential occupancy (SRO) units in its R3 zones.
Other various changes to definitions and clarifications also are being proposed to maintain compliance with state law, according to Price.
Additionally, two new articles to the zoning code are proposed: Section 18-5.2, repealing and replacing the Density Bonus Ordinance; and Section 18-17, Reasonable Accommodation Ordinance. Section 18-4.8 concerning granny units is proposed to be deleted.
The commission has been working on the amendment for several months. Price said a considerable amount of time was spent on converting relevant material from its permanent file form to a workable document. He said the converted form is more understandable.
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