The purpose of the affordable housing chapter is to provide for a variety of incentives for the creation of affordable and accessible housing. This chapter implements portions of state law, sections of which are referenced throughout the chapter as well as the city housing element's policies and implementation programs. Each section provides requirements as they relate to the individual incentive. Each section identifies in which zoning district the proposed use is allowed and the development standards to be met for the use. Administration and enforcement of the standards are included in the sections where enforcement is required.

(Ord. No. 14-223, § I, 5-20-2014)

A.

"Accessory dwelling unit (ADU)." An accessory dwelling unit (ADU) includes all units meeting the requirements of Section 17.81.030. These types of uses have been previously referred to as family care residences, guest houses, second units, servant's quarters, and senior care residences. All ADUs must meet the standards in Section 17.81.030. Only one ADU may be constructed on an individual parcel in addition to a primary dwelling unit.

B.

"Emergency homeless shelter." Emergency shelters are defined as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person (California Health and Safety Code Section 50801(e)). Such housing is considered temporary but may be continuous for a period of the six-months occupancy. Emergency shelters must meet the development and operational standards in Section 17.81.060.

C.

"Floor area ratio (FAR)." As defined in Section 17.02.228.

D.

Reserved ("live work").

E.

Reserved ("mixed use").

F.

"Reasonable accommodation." Reasonable accommodation shall mean a program by which the City of Shasta Lake removes constraints or provides reasonable accommodation for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.

G.

"Single-room occupancy (SRO)." A single room occupancy (SRO) means an efficiency unit, as defined by the California Health and Safety Code Section 17958.1, intended or designed to be used, or which is used, rented, or hired out, to be occupied, or which is occupied, as a primary residence, by individuals.

An SRO does not include any institution in which persons are housed or detained under legal restraint or hospitalized or otherwise under medical, nursing, or psychiatric care, or fraternity or sorority houses.

An SRO provides permanent living space that may or may not have individual bathroom or kitchen facilities within a building that provides for four or more units.

H.

"Supportive housing." Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (California Health and Safety Code 50675.14(b)(2)).

I.

"Target population." Target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (California Welfare and Institutions Code Section 4500 et seq.), and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people pursuant to California Health and Safety Code Section 50675.14.

J.

"Transitional housing and transitional housing development." Transitional housing and transitional housing development means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose and Applicability. The purpose of this section is to comply with the California Government Code pertaining to accessory dwelling units as a means to increase the supply of affordable housing units. One accessory dwelling, which meets all of the requirements of this section, may be approved per parcel with an existing or permitted primary residence.

This section establishes standards for the development of ADUs to ensure that they remain compatible with the existing neighborhood. Any application that meets the requirements of this section shall be approved as a ministerial act, without a public hearing, and is exempt from the California Environmental Quality Act (CEQA).

B.

Location. In any zoning district that allows single family residences, an ADU shall be considered a permitted use, provided it meets the requirements of this section.

C.

Development Standards. An ADU pursuant to this chapter shall be approved only if it complies with the following development standards:

1.

Location on Lot. An ADU may be attached or detached from the existing primary dwelling unit. If detached, the ADU shall be separated from the primary dwelling unit by a minimum of six feet and shall meet the setbacks of the zoning district in which it is located. Property line setbacks shall not apply to the conversion of existing, detached, legally constructed accessory buildings. If attached, the ADU must meet all building setbacks required of the primary dwelling.

2.

Unit Size for Detached or Attached ADUs:

a.

The floor area of a detached ADU shall not be less than two hundred twenty (220) square feet, as described in California Building Code Chapter 12, Section 1208.4. The floor area of an attached ADU shall not be less than one hundred fifty (150) square feet.

b.

The total area of floor space of an attached accessory dwelling unit shall not exceed fifty (50) percent of the proposed or existing primary dwelling living area or one thousand two hundred (1,200) square feet.

c.

The total area of floor space for a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.

3.

Architectural Compatibility. The ADU shall incorporate the same or similar architectural features, building materials, and colors as the primary dwelling unit.

4.

Off-Street Parking. One off-street parking space shall be provided for every newly constructed, detached ADU. The required parking for the ADU may be covered or uncovered. As governed by state law, this additional space may be a tandem space within a driveway or may be located in the front yard setback immediately adjacent to the driveway, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Required parking for the ADU shall not conflict with existing parking required for the primary dwelling. No additional parking shall be required if the ADU is part of a proposed or existing primary residence or accessory structure.

5.

Utilities. The ADU may share existing utilities with the primary residence. Separate electric, water, and gas meter may be allowed on the property per each primary dwelling unit and ADU. Both the primary dwelling and ADU shall be tied into the city's sewer system if available. For areas where sewer service is not available, the primary dwelling unit and ADU shall be connected to a septic system approved by the Shasta County Department of Environmental Health. All applicable utility connection and capacity fees shall apply to newly installed services for a detached accessory dwelling unit.

6.

Permanent Foundation. A permanent foundation shall be required of all ADUs.

7.

Development Standards.

a.

The development standards for all ADUs shall be the same as the zoning district in which it is located. Manufactured homes shall be subject to the development standards included in Section 17.84.090.

b.

All accessory dwelling units shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.

c.

Any mobile/manufactured ADU must be certified by California Department of Housing and Community Development.

d.

When the new structure is constructed on the front of the lot facing the street, it shall be constructed to look as though there is only one unit on the lot. On a corner lot, the main entrance for the primary dwelling unit may face one street, and the main entrance of the ADU may face the other street.

e.

Exceptions may be made if approved by the development services director or his/her designee based on justification that the design of the development improves the architectural compatibility.

f.

Windows located on the side yard sides will be permitted only on the top third of the second story for the ADU or primary unit allowing for light transmission (includes clerestory windows). Permanently opaque windows may be installed at any height with the approval of the development services director or his/her designee.

D.

California Building Code requirements which apply to additions to existing single-family dwellings, and construction of new dwelling units, as appropriate, shall apply to ADUs.

E.

Approval by the Shasta County Environmental Health Department is required where an onsite waste treatment system is being used.

F.

Preexisting ADUs. ADUs existing prior to adoption of this section, the use of which is nonconforming in the zoning district in which it is located, may be considered conforming if the development services director or his/her designee issues a zoning clearance determining that the ADU complies with all of the requirements of this section, which includes compliance with planning, building and fire codes.

G.

Standards.

1.

Neither the primary dwelling nor the ADU may be sold separately.

2.

The term of the rental of the primary or accessory dwelling unit shall not be less than thirty (30) days.

No conversions of other structures, including garages, out buildings, second floors over garages or other buildings shall be permitted unless replacement parking is provided as required by the zoning district in which it is located.

H.

Temporary Emergency Use. A mobile home, no older than ten years with a current license from the state department of housing and community development, may be occupied on a temporary basis pursuant to approval of an administrative permit by the development services director or his/her designee provided:

1.

The temporary mobile home shall not be considered a permanent ADU.

2.

A recreational vehicle may be occupied for emergency use if it satisfies the following criteria:

a.

It shall be certified by the American National Standards Institute (ANSI).

b.

It shall have a National Highway Traffic Safety Administration (NHTSA) seal.

c.

It shall be no older than ten years old.

3.

The temporary use is limited to direct, primary, family members to include parents, siblings, children, grandparents, and grandchildren.

4.

The mobile home shall utilize existing water and wastewater service available on-site.

5.

The temporary mobile home shall meet the minimum setback requirements of the zoning district in which it is located, and shall be placed on the rear of the lot or screened with wood or block fencing.

6.

The maximum period for temporary ADUs would be six months in order for the property owner to add to the dwelling or provide a permanent ADU. No more than one six-month extension of time may be granted by the development services director or his/her designee. The decision of the development services director may be appealed to the planning commission. The decision of the planning commission may be appealed to the city council. Such appeals shall follow the same procedures for variance and use permit appeals in accordance with the provisions of Section 17.92.030.

7.

The temporary mobile home must be removed from the site at the end of the emergency period. No storage of the mobile home is permitted on-site. A notice of violation will be recorded with the county recorder if the mobile home is not removed after the emergency period. Abatement proceedings will be initiated through the city's abatement process.

(Ord. No. 14-223, § I, 5-20-2014; Ord. No. 18-270, § 1, 4-3-2018; Ord. No. 19-275, § 2(Exh. B), 9-3-2019)

A.

Purpose. The purpose of this section is to implement California Government Code Sections 65915—65919. The city's intent in including this section is to provide incentives to developers of affordable housing which meet the standards for affordable housing.

For the purpose of allocating a density bonus, affordable housing means developments with households with less than eighty (80) percent of the county's median income. All density bonuses and incentives are targeted to developments which meet the requirements for long-term affordability.

B.

Reference for Density Bonuses and Applicability. All application of density bonuses as required by California Government Code Sections 65915—65919 shall be governed by the aforementioned Government Code sections and subsequent amendments. A density bonus greater than outlined within the aforementioned Government Code section may be approved subject to the approval of a use permit.

C.

Application. Developers of property asking for density bonuses shall apply for said density bonus using application forms provided by the development services department. If other discretionary actions are required, consideration of the density bonus shall be processed together with the other discretionary actions unless waived by the development services director or his/her designee.

In all other instances, the development services director or his/her designee shall have thirty (30) days to determine if the density bonus shall be applied and a response provided to the developer and property owner.

D.

Long-term Affordability. All developments which receive approval of density bonuses shall enter into a long term affordability agreement for affordable housing which shall be recorded prior to receiving a building permit for any of the structures in the development. The affordability clauses in the agreement shall follow the applicable California Code sections governing the density bonus.

(Ord. No. 14-223, § I, 5-20-2014; Ord. No. 19-274, § II(Att. A), 7-16-2019)

A.

Purpose. California Government Code Section 65583(a)(4) requires that each jurisdiction provide for at least one zoning district in which an emergency shelter must be permitted. The Government Code also permits jurisdictions to provide for specified development standards in providing an emergency shelter.

B.

Zone. Emergency homeless shelters shall be allowed in the Community Commercial (C-2) zoning district as a permitted use subject to the following development standards as permitted by California Government Code Section 65583, and incorporated in this section.

C.

Number of Beds. The maximum number of beds or persons permitted to be served nightly by the facility shall be fifteen (15). The number of beds may be exceeded if an administrative permit is issued by the development services director or his/her designee based on the following findings:

1.

The city has been declared a disaster area by either the Governor or the President; or

2.

The annual homeless count exceeds fifteen (15) homeless people within the city.

D.

Parking. One uncovered parking space per bed shall be required. A reduced number of spaces may be permitted if an administrative permit is issued by the development services director or his/her designee to justify fewer spaces.

E.

Waiting Space. Exterior waiting space shall be provided that is covered and handicapped accessible in the amount of uncluttered space of twenty-five (25) square feet per bed. Interior waiting space shall be provided that will provide for fifteen-person occupancy, is handicapped accessible and is approved by the fire department for exiting.

F.

On-site management shall be provided for all hours the shelter is open for occupancy and shall include a period of one hour before opening and one hour after closing should the facility be open less than twenty-four (24) hours.

G.

Emergency shelters may be adjacent to each other if they are operated by one management operator such that the management of the facilities are coordinated but no more than thirty (30) beds shall be located closer than three hundred (300) feet apart. If common management is not available, emergency shelters shall not be closer than three (300) hundred feet apart.

H.

The maximum length of stay for each person shall be no longer than six months.

I.

Outside security lighting shall be provided for all entrances and exits, parking and storage areas. Lighting will meet California Energy Commission lighting standards for night lighting and will not expose adjacent properties to light or glare.

J.

Security shall be provided for the timeframe during which the shelter is in operation. For a shelter housing a small number of people the security provision may be waived by the development services director or his/her designee with an administrative application if on-site management is adequate. Emergency contact information shall be required for twenty-four-hour access to management staff that must be local.

K.

Emergency shelter development is exempt from the California Environmental Quality Act (CEQA).

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B.

Applicability. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts. Reasonable accommodation accrues to the person not the land. If the person needing the reasonable accommodation moves out the accommodation is no longer valid.

C.

Request for Reasonable Accommodation. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Such a request may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

D.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the development services department and shall contain the following information:

1.

The applicant's name, address and telephone number.

2.

Address and parcel number of the property for which the request is being made.

3.

The current actual use of the property.

4.

The basis for the claim that the individual is considered disabled under the Acts.

5.

The zoning code provision, regulation, or policy from which reasonable accommodation is being requested.

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

E.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval (including but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection D together for concurrent review with the application for discretionary approval. If no other approvals are necessary, the request alone is exempt from the California Environmental Quality Act (CEQA).

F.

Review Authority and Process. Requests for reasonable accommodation shall be reviewed by the development services director or his/her designee, or his designee if no approval is sought other than the request for reasonable accommodation. The director, or his designee, shall make a written determination within fifteen (15) business days and either grant, grant with modifications, or deny a request for reasonable accommodation.

G.

Findings. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:

1.

Whether the housing, which is the subject of the request, shall be used by an individual disabled under the Acts.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5.

Potential impact on surrounding uses.

6.

Physical attributes of the property and structures.

7.

Alternative reasonable accommodations which may provide an equivalent level of benefit.

H.

Conditions of Approval. In granting a request for reasonable accommodation, the development services director or his/her designee may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection G above.

I.

Appeal of Determination. A determination by the development services director to grant or deny a request for reasonable accommodation may be appealed to the planning commission. The decision of the planning commission may be appealed to the city council. Such appeals shall follow the same procedures for variance and use permit appeals in accordance with the provisions of Shasta Lake Municipal Code Section 17.92.030.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. This section establishes the required findings that must be made by the development services director or his/her designee, the planning commission or the city council when denying an affordable housing development or zoning for such developments pursuant to California Government Code Section 65589.5.

B.

State Required Findings. Pursuant to California Government Code Section 65589.5(d), the City shall not disapprove a housing development project, including farmworker housing as defined in subdivision (d) of Section 50199.50 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon substantial evidence in the record, as to one of the following:

1.

The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the department of housing and community development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.

2.

The development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

3.

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.

4.

The development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

5.

The development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article.

a.

This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction's housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation.

b.

If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency's share of the regional housing need for the very low and low-income categories.

c.

If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. This section provides for the development of single-room occupancies (SROs) as a form of affordable housing.

B.

Kitchen and Bathroom Facilities. Those SROs without kitchen or bathroom facilities shall be provided congregate on-site facilities sufficient for the number of SROs pursuant to the California Building Code. Congregate bathrooms with showers must have individual stalls that can be locked.

C.

Laundry. For all SRO buildings, congregate laundry facilities shall be provided with one washer or dryer for every five units.

D.

Unit Size. The minimum size for a unit shall be two hundred (200) square feet and the maximum shall be four hundred (400) square feet. Units of two hundred (200) square feet shall house no more than one person. No unit shall house more than two people.

E.

Community Room. Buildings of over ten units shall provide a common community area that is at least fifty (50) square feet per SRO.

F.

Building and Development Standards. SRO buildings shall meet all state and local building and development standards, including parking, in accordance with the zoning district in which they are located.

G.

Management Plan. All SRO buildings of seven or more units shall provide a management plan that includes the placement of the congregate facilities (laundry, bathrooms, and kitchens), number of units, number of beds, and provision for twenty-four-hour on-site management. If the units are for transitional or supportive housing, the management plan must so designate and meet the requirements for transitional or supportive housing including length of stay and the designation and contracting for supportive services. Verification of the services to be provided by contract must be provided. The management plan must provide the name, title and contact information for the management staff and the property owner for emergency purposes.

H.

Zoning Districts. SRO buildings are permitted in the R-3 and R-4 zoning districts with an administrative permit. SRO buildings are permitted in VC, CC, and C-2 zoning districts as second floor uses only, where the residential is combined with commercial on the first floor, with an administrative permit. An exception may be made and approved by the development services director or his/her designee for handicapped accessible units with the provision of a site plan which defines which units are accessible.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. The purpose of this section is to comply with California Government Code Sections 65582 and 65583 which define supportive housing development and identify supportive housing development as a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

B.

Zoning District. Supportive housing is allowed in zoning districts where other residential uses are allowed under the same development standards and requirements of the applicable zoning district. Supportive housing with six or fewer residents is recognized as single-family residential and shall be allowed in zoning districts in which other single-family residential uses are allowed as permitted uses. Supportive housing with seven or more residents shall be recognized as multi-family residences and shall be allowed in zoning districts in which other multi-family residential uses are allowed as permitted uses or as uses requiring a use permit.

C.

Supportive Services. Supportive housing proposals shall provide evidence that clients and/or residents are participating in a program which provides supportive services on an ongoing basis. Evidence of the required supportive services can be presented with a contract for the services, on-site staff with professional credentials or with appropriate licenses. Management shall also provide evidence of clients and/or residents participating in such services.

D.

Management Plan. For multi-family developments, a management plan shall be provided that describes how the development meets the development standards for the zoning district in which it is located.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. The purpose of this section is to comply with California Government Code Sections 65582 and 65583 which define transitional housing development and identify transitional housing development as a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

B.

Zoning District. Transitional housing is allowed in zoning districts where other residential uses are allowed under the same development standards and requirements of the applicable zoning district. Transitional housing with six or fewer residents is recognized as single-family residential and shall be allowed only in zoning districts in which other single-family residential uses are allowed as permitted uses. Transitional housing with seven or more residents shall be recognized as multi-family residences and shall be allowed only in zoning districts in which other multi-family residential uses are allowed as permitted uses or as uses requiring a use permit.

C.

Transitional Units. Transitional units shall be available for a minimum of six months and a maximum of two years. Evidence of the transitional nature of the program shall be provided through provision of a management plan that outlines the transition period and programs to assist clients and/or residents in making a transition to permanent housing.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. California Government Code Section 65589.7 requires local jurisdictions to provide for priority use for water and sewer connections for affordable housing. This section provides for findings and a process for the prioritization.

B.

Priority. The City of Shasta Lake (city) shall grant priority to affordable housing projects when allocating water and sewer allocations at the time of discretionary or ministerial approvals applicable to the development.

C.

Development Review. The city will prohibit denial or conditioning of affordable housing developments with regard to those services unless the findings in Section 17.81.150(E) are made. The review is exempt from the California Environmental Quality Act (CEQA).

D.

Urban Water Management Plan. The city's urban water management plan shall include projected water use for single and multi-family housing needed for lower income households.

E.

State Required Findings. Findings required for any denial or conditioning of an approval for water and sewer priority for affordable housing shall include one or more of the following:

1.

The city does not have sufficient water supply as defined in California Government Code Section 66473.7(a)(2), or is operating under a water shortage emergency as defined in California Water Code Section 350, or does not have sufficient water treatment or distribution capacity to serve the needs of the proposed development, as demonstrated by a written engineering analysis and report.

2.

The city is subject to a compliance order issued by the state department of health services that prohibits new water connections.

3.

The city does not have sufficient sewer treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development.

4.

The city is under an order issued by a regional water quality control board that prohibits new sewer connections.

5.

The applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the city, including, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to California Government Code Section 66013.

(Ord. No. 14-223, § I, 5-20-2014)

A.

The development services director shall ministerially approve a total of two residential units on a legally created parcel within single-family residential zoning districts if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all objective zoning standards and objective design review standards in the Municipal Code.

B.

Notwithstanding Paragraph A, the development services director may deny a housing development project proposed under this section if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment. Grounds for denial include:

1.

Roads.

a.

The project is served by a street that does not meet minimum design standards of the city or other responsible agencies.

b.

The street that serves the project site exceeds standards for dead end road lengths.

2.

Location. The project site is located within the Very High Fire Severity Zone and all structures, existing and new, and vegetation do not comply with the following standards:

a.

The property shall conform to all California defensible space and vegetation management laws.

b.

All New structures shall be built to (WUI) Wildland Urban Interface and/or (VHFHSZ) Very High Fire Hazard Severity Zone requirements according to current mapping. Existing structures that do not conform with WUI requirements shall retrofit all roofing, exterior coverings, windows, and decking with noncombustible and ignition-resistant materials to meet performance requirements of the California Referenced Standards Code Title 24, Part 12. All other openings into the building shall be retrofitted with approved ember resistant vents or similar.

3.

Utilities.

a.

The project site is in an area not served by the municipal wastewater collection system and cannot comply with applicable Shasta County environmental health requirements for onsite waste disposal (septic systems).

b.

Public utilities are not available/sufficient to serve the site.

4.

Environment.

a.

The project would have a specific adverse impact upon the environment that cannot be mitigated without discretion/offsite improvements.

C.

Application and Fees. An application on a form made available by the city shall be completed by the applicant. The form shall be accompanied by the applicable building permit application fee. The application shall be accompanied by all technical reports, plans and information required to decide on the proposed project.

D.

Construction of an accessory dwelling unit shall constitute a second unit as described in Government Code Section 65852.21.

E.

Demolition. Existing structures on a project site may be completely demolished.

F.

Yards. The following yard requirements apply:

1.

Front, as described in the subject zoning district.

2.

Rear and side, four feet.

G.

Parking. One off-street parking space per unit shall be provided unless the project is located within one-half mile walking distance of either a high-quality transit corridor, or there is a car share vehicle located within one block of the parcel.

H.

Term. Rental of any unit created pursuant to Government Code Section 65852.21 shall be for a term longer than thirty (30) days.

(Ord. No. 22-292, § II, 3-1-2022)