Novato Planning Commission Special Meeting – November 18, 2024

The Planning Commission held a special meeting on Monday, November 18, 2024, at 7:00 PM at Novato City Hall. The commission considered two major items: a use permit, design review, and density bonus for a senior residential care facility (The Lodge on Novato Creek), and amendments to the city’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) ordinances to comply with recent state laws. Both items were approved, with the first passing 6-1 and the second unanimously.

Consent Calendar

• Approved the August 12, 2024 meeting minutes (motion carried unanimously).

Public Comments & Testimony

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

Discussion Items

F.1. The Lodge on Novato Creek – Use Permit, Design Review, & Density Bonus (P2023-080)

• Project Description: A three-story, approximately 40-foot-tall building at 1787 Grant Avenue, including 55 assisted living units and a 31-bed memory care facility (total 86 residents). Site improvements include 29 parking stalls, landscaping, stormwater retention, and emergency access. The site is adjacent to Novato Creek and was formerly a preschool/church, now dilapidated.
• Density Bonus: The base density is 43 units (20 units/acre). With 5 affordable units, the applicant qualifies for a 30% density bonus, allowing up to 56 units. The applicant also requested four reductions in development standards (floor area ratio, building height, parking lot landscaping). No concession or incentive was requested.
• CEQA: Staff determined the project is exempt from additional CEQA review under CEQA Guidelines Section 15183 (consistent with the General Plan EIR).
• Applicant Presentation: Steve Ring and David Ford (Fulcrum Real Estate Development) emphasized local need—10,000 Americans turn 65 daily, Marin’s senior population (65+) will reach 25% of the county within five years, and the project will provide 46–50 full-time jobs. They noted the site’s walkability, creek setting, and low traffic impact (three staff shifts, few resident cars). The Design Review Committee requested removal of three decorative cupolas.
• Commissioner Questions & Concerns:
  • Commissioner Turner expressed concern about the building entrance facing the adjacent townhomes rather than the creek, and potential visual impact on neighbors. Applicant explained that the creek-side access was infeasible due to flood control easements and building footprint constraints. Commissioner Turner stated he could not support the project due to the entrance location, but otherwise supported the need.
  • Other commissioners (Dawson, Derby, Engdahl, Crockett, Heath) praised the project for addressing senior housing needs, activating a blighted site, and being well-designed. They noted the 40-foot setback from the fence and existing tree screening.
• Vote: Motion to approve the CEQA exemption and the use permit/design review/density bonus passed 6-1 (Commissioner Turner opposed).

F.2. Amendments to ADU & JADU Ordinance (Chapter XIX of Novato Municipal Code)

• Purpose: To incorporate changes from state laws AB 2221, AB 2533, SB 897, and SB 1211 (effective 2023–2025), reducing restrictions on ADU construction to address the affordable housing shortage.
• Key Changes Presented by Staff:
  • Streamline permitting: All ADUs will require only a building permit (eliminating the planning permit step).
  • Increase height limits: 18 feet for ADUs within ½ mile of a major transit stop (e.g., SMART stations); 25 feet for attached ADUs (subject to zoning district limits).
  • Limited-standard ADUs (detached single-family, conversion, multifamily detached/conversion) are exempt from front setback requirements and local development standards not prescribed by state law.
  • Front setback exemption: If an ADU cannot meet 4-foot side/rear setbacks to achieve 800 sq. ft., the city must allow use of front setback.
  • Amnesty program extended: Unpermitted ADUs built before January 1, 2020, can be legalized through building code review.
• Staff Revisions: A revised resolution (distributed Friday) and a last-minute amendment to Section T (deed restrictions) clarify that deed restrictions do not apply to limited-standard ADUs. This addresses comments from the California Housing Defense Fund (Cal HDF).
• Commissioner Questions:
  • Commissioner Derby asked about comparison with other Marin cities; staff noted similar approaches but some differences in ADU size caps (1000–1200 sq. ft.).
  • Commissioner Derby raised concerns about property owners with both a JADU and an ADU being classified as multifamily, triggering the city’s multifamily inspection program. Staff explained this is a separate ordinance not under the commission’s authority.
  • Commissioner Turner asked about the front setback exemption and potential impacts on neighborhoods; staff confirmed that limited-standard ADUs have no front setback requirement, which could allow ADUs in front yards. He also questioned the amnesty program and enforcement.
  • Commissioner Crockett inquired about constructive engagement with Cal HDF; staff noted they typically litigate but HCD (California Department of Housing and Community Development) ultimately reviews compliance.
• Commission Support: Commissioners generally supported the amendments as a necessary streamlining to encourage ADU production (target: 15 per year, 118 over the housing element period). Commissioner Havel noted the deed restriction is important to prevent short-term rentals.
• Vote: Motion to recommend the city council adopt the revised resolution (including the section T amendment) passed unanimously (7-0).

Key Outcomes

• The Lodge on Novato Creek: Approved with CEQA exemption and entitlements (6-1). Project will proceed to building permits; conditions of approval include compliance with mitigation measures from the General Plan EIR.
• ADU/JADU Ordinance Amendments: Commission recommended city council approval. The resolution will be forwarded to the council for final action. The amendments are expected to be effective after council adoption.