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Record of Proceedings

Novato Planning Commission Meeting – August 12, 2024: Zoning Code Amendments Approved, ADU Ordinance Continued

City Council — Monday, August 12, 2024
BodyNovato, California
SessionCity Council
DateMonday, August 12, 2024
StatusFILED
Video Record
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Transcript — Verbatim
0:21

Vice Chair Crockett here.

0:23

Commissioner Dawson.

0:25

Here.

0:25

Commissioner Derby is absent.

0:27

Commissioner Ingall.

0:28

Here.

0:29

Commissioner Heath?

0:30

Here.

0:31

And Commissioner Tieran.

0:33

Here.

0:35

Thank you.

0:37

Next up on the agenda.

0:39

We have approval of the final agenda.

0:45

So before we dive into this, I wanted to ask staff today.

0:51

Uh we received an email regarding some comments that were received on item F2 and questions raised.

1:06

You know, may warrant a continuance of that item to a later date to consider the issues raised in the letter.

1:14

Um staff, do you have any uh guidance on that?

1:17

Or do yes, that's correct.

1:19

So staff is asking for a so staff is asking the commission to continue item F2 so that staff can have additional time to review the letter that we received from California Housing Defense Fund uh raising some issues with the suggested revisions to our accessory dwelling unit ordinance.

1:40

So uh we would suggest continuing the item to September 9th, and then should give us sufficient time to work with the city attorney and figure out um whether anything needs to change with our ordinance.

1:53

All right, anybody want to make a motion on that matter?

1:56

So moved.

1:58

Second okay, I got turning with the motion, crock it with the second.

2:05

All right.

2:06

Commissioner Crockett.

2:09

Oh, actually, any questions or comments before we go to vote?

2:12

Any commissioners?

2:14

Are we moving the item or are we just continuing it?

2:17

We're continuing it to September the 9th.

2:21

So adopting an amended agenda.

2:24

Um continuing the item to continuing item F two to September 9th.

2:30

Thank you.

2:32

Make it as one motion, that'd be fine.

2:33

Oh, I see.

2:36

Okay.

2:37

So one motion, we're all of the understanding.

2:39

This will approve the agenda with the other items.

2:44

Okay, great.

2:45

Okay.

2:47

Uh Commissioner Crockett.

2:50

Aye.

2:51

Commissioner Dawson.

2:52

Aye.

2:52

Commissioner Ingall.

2:54

Aye.

2:54

Commissioner Heath.

2:55

Aye.

2:56

Commissioner Tiernan.

2:57

Aye.

2:57

And I as well.

3:00

Okay, so just for the record, that means our agenda tonight.

3:04

It's been approved to uh public hearing item F1.

3:11

And public hearing item F2 is now continued to September 9th to give staff an opportunity to respond to the letter from uh the housing group.

3:25

Okay, uh moving on from there.

3:27

Next up on the agenda is public comment.

3:29

So this is the portion of the hearing where members of the public who wish to speak about a topic that is not on tonight's agenda may approach.

3:39

So I'd like to open up the floor for anyone who any members of the public that might have something they want to talk about.

3:49

Seeing none, we'll close that item.

3:53

There is nothing on item D or E consent items and unfinished or other business.

3:58

So that brings us to item F on tonight's agenda and item F1 in particular, which is a public hearing to consider amendments to chapter five of the Nabato Municipal Code regarding a whole host of things, but specifically condominium conversions, and chapter, I guess 19 of the Novato Municipal Code regarding affordable housing, density bonus, unit calculations, low barrier navigation centers, and supportive housing from worker housing and single recording in progress.

Discussion Breakdown — Share of Meeting
Affordable Housing█████████████████████████████████████37%
Housing████████████████████████████████32%
Procedural██████████10%
Public Engagement███████7%
Homelessness██████6%
Land Use Policy████4%
Capital Improvements████4%
Summary of Proceedings

Novato Planning Commission Meeting – August 12, 2024: Zoning Code Amendments Approved, ADU Ordinance Continued

The Novato Planning Commission met on August 12, 2024, at 7:00 PM at City Hall. Commissioners present: Vice Chair Crockett, Dawson, Engdahl, Heath, Tiernan; Chair Havel; Derby absent. The commission approved a consent agenda that continued item F2 (ADU ordinance amendments) to September 9, 2024, after receiving a letter from the California Housing Defense Fund raising concerns. The commission then held a public hearing on five resolutions amending the municipal code to align with state housing law and the city's Housing Element, and unanimously recommended approval to the City Council.

Agenda Approval

  • The commission voted unanimously (6-0) to approve the agenda as amended to continue item F2 (Accessory Dwelling Unit amendments) to September 9, 2024, to allow staff to address comments from the California Housing Defense Fund.

Public Comments & Testimony

  • No members of the public spoke on any agenda item.

Discussion Items

  • F1: Zoning Code Amendments (Chapters V and XIX)
    • Staff presented five resolutions to amend the municipal code, as required by the city's Housing Element (adopted May 7, 2024). The amendments address:
      • Affordable Housing and Density Bonus: Striking a non-compliant section (NMC 19.24.020(b)) to conform with state density bonus law.
      • Low Barrier Navigation Centers (LBNCs): Adding a new land use category (by-right) in NC, downtown core, mixed-use, and community facilities zones, with ministerial zoning clearance.
      • Supportive Housing: Allowing by-right in R-10, R-20, NC, downtown core, mixed-use, and community facilities zones; units must be 100% affordable.
      • Farmworker Housing: Permitting agricultural worker housing for six or fewer employees as a permitted use in agricultural and residential zones; larger centers (up to 36 beds or 12 units) allowed in A, OS, and conservation zones.
      • Single-Room Occupancy (SRO) Facilities: Permitted in R-10, R-20, and mixed-use zones; standards for unit sizes, shared amenities, and on-site management (live-in manager required for 10+ units).
      • Condominium Conversions: Increasing the minimum rental vacancy rate from 4.5% to 5% (current rate is 2% per 2021 ABAG data); adding tenant right-to-purchase provisions.
    • Commissioners asked clarifying questions about project applicability, state law compliance, operational details, and the lack of prior condominium conversions. Staff noted that the amendments are ministerial and subject to objective design standards.
  • F2: ADU Ordinance Amendments (Continued)
    • The item was continued without public comment; no discussion occurred.

Key Outcomes

  • Unanimous Recommendation (6-0): The commission voted to recommend that the City Council approve all five resolutions, including a finding that the amendments are exempt from additional CEQA review under CEQA Guidelines Sections 15162 and 15061(b)(3).
  • Continuance: Item F2 was continued to the September 9, 2024, meeting to allow staff to review the comment letter from the California Housing Defense Fund and work with the city attorney.

Meeting Transcript

Vice Chair Crockett here. Commissioner Dawson. Here. Commissioner Derby is absent. Commissioner Ingall. Here. Commissioner Heath? Here. And Commissioner Tieran. Here. Thank you. Next up on the agenda. We have approval of the final agenda. So before we dive into this, I wanted to ask staff today. Uh we received an email regarding some comments that were received on item F2 and questions raised. You know, may warrant a continuance of that item to a later date to consider the issues raised in the letter. Um staff, do you have any uh guidance on that? Or do yes, that's correct. So staff is asking for a so staff is asking the commission to continue item F2 so that staff can have additional time to review the letter that we received from California Housing Defense Fund uh raising some issues with the suggested revisions to our accessory dwelling unit ordinance. So uh we would suggest continuing the item to September 9th, and then should give us sufficient time to work with the city attorney and figure out um whether anything needs to change with our ordinance. All right, anybody want to make a motion on that matter? So moved. Second okay, I got turning with the motion, crock it with the second. All right. Commissioner Crockett. Oh, actually, any questions or comments before we go to vote? Any commissioners? Are we moving the item or are we just continuing it? We're continuing it to September the 9th. So adopting an amended agenda. Um continuing the item to continuing item F two to September 9th. Thank you. Make it as one motion, that'd be fine. Oh, I see. Okay. So one motion, we're all of the understanding. This will approve the agenda with the other items. Okay, great. Okay. Uh Commissioner Crockett. Aye. Commissioner Dawson. Aye. Commissioner Ingall. Aye. Commissioner Heath. Aye. Commissioner Tiernan. Aye. And I as well.

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