Agenda packet — Angels Camp City Council, May 2, 2023

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

CITY OF ANGELS

CITY COUNCIL AGENDA
May 2, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

In person public attendance will be available with limited seating. Seats are available on a first come, first served basis. Members of the public shall have the right to observe and offer public comment at the appropriate time. To view or participate in the meeting online, please use the following link:

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CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at his/her discretion, will refer to Staff.

Mayor Jennifer Herndon Vice Mayor Isabel Moncada
Council Members Gretel Tiscornia, Alvin Broglio, Caroline Schirato City Administrator Rebecca Callen City Attorney Doug White

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
5:30 p.m. REGULAR MEETING

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiator
Property Location: APN: 060-010-024, -025
Agency Negotiator: Rebecca Callen, City Administrator
6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiator
Property Location: APN: 060-010-024, -025
Agency Negotiator: Rebecca Callen, City Administrator

4. RECOGNITION AND ACKNOWLEDMENTS
A. Proclamation Recognizing May 7 – 13, 2023 as National Tourism Week

5. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)

6. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the city. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

7. CONSENT AGENDA
A. Approve Draft Minutes of April 18, 2023, Rose Beristianos, City Clerk

8. REGULAR AGENDA
A. PUBLIC NOTICE:

First Reading, Ordinance 528 Amending Chapter 16.12 Changing the Expiration Dates and Extension Timelines for Tentative Maps in Accordance with the State Subdivision Map Act, Amy Augustine, City Planner I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
B. PUBLIC NOTICE:

First Reading, Ordinance 529 Adding Chapter 17.05 (CEQA Guidelines) to the City of Angels Municipal Code (AMC) and Resolution No. 23-42 Adopting the City of Angels CEQA Guidelines and Environmental Review Procedures, Amy Augustine, City Planner
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
C. PUBLIC NOTICE:

First Reading, Ordinance 530 Amending Chapter 17.42 (Special Planning) to Establish Permitted Uses in that Zone, Amy Augustine, City Planner
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
D. PUBLIC NOTICE:

First Reading, Ordinance 531 Amending Chapter 17.85 (Planning Commission Procedures) Relative to Agenda Content, Amy Augustine, City Planner
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
V.

E. Approve Resolution No. 23-44, Authorizing the Purchase of APN 060-006-009 and Authorizing the City Administrator to Sign, Authorize and have Recorded all Relevant Documents and Agreements, Amy Augustine, City Planner

9. ADMINISTRATION REPORT

10. COUNCIL REPORT

11. CALENDAR

12. CORRESPONDENCE
A. Calaveras County Public Power Agency, Email Rate Increase

13. FUTURE AGENDA ITEMS

14. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736- 2181. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours. The Agenda is also available on line at www.angelscamp.gov.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: May 2, 2023
TO: City Council
FROM: Michelle Gonzalez, Finance Director
RE: PROCLAMATION OF NATIONAL TOURISM WEEK MAY 7-13, 2023

RECOMMENDATION
Proclaim May 7-13, 2023 National Tourism Week

BACKGROUND
National Tourism Week recognizes the backbone of the economic engine in Calaveras County and the City of Angels.

DISCUSSION
Tourism represents the lifeblood of the City. It powers our community and livelihoods. Over 11% of the county workforce employed in a tourism industry.

Based on the last 12 months of data, the Angels Frog Jump Plaza has had over 740,000 visitors. These visits open the door for businesses beyond the plaza to engage, be it restaurants, clothing, gift stores, galleries, services, and beyond. Each time a visitor drives into this City, we have an opportunity to leave them with a lasting impression on why they should come back.

This month, the annual Calaveras County Fair & Frog Jump Jubilee will commence bringing visitors from all over the world. The City is home to the world-renowned Angels Camp Museum. This City is the crossroads to get to Murphys, Arnold, Big Trees, Bear Valley, New Melones Reservoir and so many other fantastic places that we are lucky enough to live among.

To help our local businesses, the City has donated over $50,000 to the Hop N’ Shop program where you can purchase a gift card and get a free gift card to be used at over 30 local businesses.

The 2023/24 budget will also work to further help businesses to best engage with those 740,000 visitors.

Together, let’s spotlight travel’s essential impact and celebrate the 40th anniversary of National Travel and Tourism Week.

FINANCIAL IMPACT
More Vehicles equals more sales tax and TOT

CITY OF ANGELS

CITY COUNCIL
PROCLAMATION RECOGNIZING MAY 7-13, 2023

AS NATIONAL TOURISM WEEK
WHEREAS, May 7-13, 2023, marks the 40th anniversary and travel to and within the United States provides significant economic benefits for the nation; and
WHEREAS, the travel industry ranks as the 5th largest employer in the United States and among the top 10 industries of 49 States (including the District of Columbia) when measured by employment; and
WHEREAS, the multi-billion dollar travel industry in California is a vital part of the state and local economies; and
WHEREAS, travel to Angels Camp and Calaveras County is a multimillion dollar growth industry that supports the well-being of residents and local communities through employment, a diversified economy, improved infrastructure and historic preservation; and
WHEREAS, travel to Calaveras County generates over $216,000,000 in travel spending annually.

WHEREAS, travel in Calaveras County employs 2,400 people equal to 11% of the County’s workforce
WHEREAS, travel contributes to personal growth, health, professional advancement, education, cultural understanding and the enhancement of America’s image around the world; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Angels Camp does hereby declare May 7-13, 2023 as National Tourism Week and recognizes tourism as a key industry essential to Angels Camp’s economic growth and vitality.
_______________________
Jennifer Herndon, Mayor

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

DRAFT MINUTES CITY OF ANGELS

CITY COUNCIL AGENDA
April 18, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

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CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (PRESENT) Jennifer Herndon Vice Mayor (PRESENT) Isabel Moncada Council Members (ALL PRESENT) Gretel Tiscornia, Alvin Broglio, Caroline Schirato City Administrator (PRESENT) Rebecca Callen City Attorney (NOT ASKED TO ATTEND) Doug White 5:00 p.m. REGULAR MEETING

1. ROLL CALL

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiators (Gov’t Code Section 54956.8) Property Location: APN 058-007-005 (former site of Altaville Sanitary District Wastewater Treatment Plant) Property Owner: City of Angels Camp
Agency Negotiator: Rebecca Callen, City Administrator
Under Negotiation: Terms for Sale of Property
B. Conference with Real Property Negotiators
Property Location: APN: 060-006-009
Agency Negotiator: Rebecca Callen, City Administrator
C. Conference with Real Property Negotiator
Property Location: APN: 060-010-024, -025
Agency Negotiator: Rebecca Callen, City Administrator
D. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
6:00 p.m. REGULAR MEETING

1. ROLL CALL – NOTED ABOVE

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiators (Gov’T Code Section 54956.8) Property Location: APN 058-007-005 (former site of Altaville Sanitary District Wastewater Treatment Plant) Property Owner: City of Angels Camp
Agency Negotiator: Rebecca Callen, City Administrator
Under Negotiation: Terms for Sale of Property
B. Conference with Real Property Negotiators,
Property APN: 060-006-009
Agency Negotiator: Rebecca Callen, City Administrator
C. Conference with Real Property Negotiator
Property Location: APN: 060-010-024, -025
Agency Negotiator: Rebecca Callen, City Administrator
D. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
ACTION: DIRECTION GIVEN TO STAFF ON ALL ITEMS

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE THE AGENDA BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER SCHIRATO, AND PASSED 5 YES

5. PUBLIC COMMENT - NONE

6. CONSENT AGENDA
A. Approve Draft Minutes of April 4, 2023, Rose Beristianos, City Clerk B. Accounts Payable (AP) March Checks and Treasurer’s Report, Michelle Gonzalez, Finance Director C. Financial Report, Michelle Gonzalez, Finance Director

ITEM A PULLED BY VICE MAYOR MONCADA
ACTION: MOTION TO APPROVE ITEMS B AND C BY VICE MAYOR MONCADA, SECONDED BY COUNCIL MEMBER BROGLIO, AND PASSED 5 YES

DISCUSSION ITEM A, VICE MAYOR MONCADA AND COUNCIL MEMBER SCHIRATO WERE NOT IN ATTENDANCE. MOTION TO APPROVE ITEM A BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER TISCORNIA AND PASSED 3 YES, 2 ABSTAIN

7. REGULAR AGENDA
A. Angels Creek Trail Update, Matt Satow with Dewberry – PRESENTATION GIVEN B. Approve Purchase of one (1) Truck from Chase Chevrolet for Water/Wastewater and Public Works Department, Michelle Gonzalez, Finance Director
ACTION: MOTION TO APPROVE PURCHASE BY COUNCIL MEMBER SCHIRATO, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 5 YES
C. Adopt Resolution No. 23-41, Authorizing the Industrial Disability Retirement of Police Officer Steven Sanford, Rose Beristianos, City Clerk
ACTION: MOTION TO APPROVE RESOLUTION NO. 23-41 BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER TISCORNIA AND PASSED 5 YES
D. Approve Resolution No. 23-43, Amending the 2022-23 Budget, and Grant Approval to the City Administrator to Approve the Proposals from Comphel to Replace the HVAC systems on City Property, Rebecca Callen, City Administrator

COUNCIL MEMBER TISCORNIA RECUSED HERSELF FROM THIS ITEM ACTION: MOTION TO APPROVE RESOLUTION NO. 23-43 BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 ABSTAIN
E. Discussion on Local Elected Officials Cannot Vote on Contracts, Licenses, Permits or other Entitlement Sought or Opposed by a Donor of more than $250 to his or her Campaign, Rebecca Callen, City Administrator

DISCUSSION ONLY

8. ADMINISTRATION REPORT – CITY ADMINISTRATOR REBECCA CALLEN GAVE HER REPORT, DISCUSSION ON THE

VOLUNTEER FIRE ACADEMY POTENTIALLY USING A HOUSE DOWN TOWN AS A BURN TRAINING

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

9. COUNCIL REPORT – ALL REPORTED OUT

10. CALENDAR – CLERK REVIEWED THE CALENDAR WITH COUNCIL AND STAFF

11. CORRESPONDENCE
A. Letter of Support to Calaveras Council of Governments regarding Climate Adaption and Resiliency Program Planning Grant
B. Letter of Support to The Honorable Dianne Feinstein for Utica Community Water Supply Resiliency Project for Utica
C. March 2023 Consolidated Staff Report

12. FUTURE AGENDA ITEMS – NOTHING DISCUSSED

13. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 7:23PM BY COUNCIL MEMBER BROGLIO, SECONDED BY VICE MAYOR MONCADA, AND PASSED 5 YES
__________________________
Jennifer Herndon, Mayor
_______________________
Rose Beristianos, City Clerk

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 16.12 Timeline Extensions for Tentative Subdivision Maps Page - 1 DATE: May 2, 2023
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: ORDINANCE 528 AMENDING CHAPTER 16.12 CHANGING THE EXPIRATION DATES AND EXTENSION

TIMELINES FOR TENTATIVE MAPS IN ACCORDANCE WITH THE STATE SUBDIVISION MAP ACT

RECOMMENDATION
Introduce Ordinance 528, waive the first reading, hold a public hearing and set May 16, 2023, for a second reading to consider adopting Ordinance 528 amending Chapter 16.12 changing the expiration dates and extension timelines for tentative maps in accordance with the State Subdivision Map Act.

BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. The Planning Commission approved Resolution of Intent 23-03 at a public hearing on February 9, 2023, recommending to the City Council adoption of the changes described herein.

A “subdivision” generally exists when a land division of 5 or more parcels occurs (a parcel map generally is used for land divisions of four or fewer parcels). Tentative Subdivision Maps are approved by local jurisdictions and generally include a list of conditions to be met. Once these map conditions are met (or improvements are bonded for), the tentative subdivision map becomes a “final map” upon approval by the City Council. It can take several years to complete conditions of map approval. Tentative Subdivision Maps expire if a final map is not recorded within a certain period of time in accordance with local codes and state law. Subdividers have the option to request an extension before the map expires. There are limits to the number of extensions that may be requested and granted. Recently, in preparing an extension for the Habitat for Humanity Tentative Subdivision Map, staff identified changes in state law that became effective on January 1, 2022, extending the time periods allowed for tentative subdivision extensions.

If the changes proposed herein are approved, the AMC will reflect the recent changes in state law and allow additional time for tentative maps to become final. This allows more time for the subdivider to complete conditions of project approval or obtain necessary financing.

Specifically, the proposed code changes will:

A. Retain the two-year expiration deadline for tentative subdivision maps.

B. Allow the Planning Commission to grant a two-year extension (rather than one year extension) for subdivision maps (bringing the effective “life” of a tentative subdivision map to 4 years). 8A

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 16.12 Timeline Extensions for Tentative Subdivision Maps Page - 2 C. Identify provisions in Government Code Section 66452.6 (a portion of the State Subdivision Map Act) allowing map extensions beyond 4 years (e.g., up to 10 years, up to the life of a Development Agreement).

D. Referencing exceptions that “suspend” timelines for maps to expire (e.g., moratoriums, lawsuits).

The City received LEAP funds to assist in streamlining permitting processes, including this amendment.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Findings A/B: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan policies and programs:

Program 1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency
Program 2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan.

The proposed revisions will ensure consistency with state regulations thereby implementing these programs.

Therefore, the proposed changes are consistent with the general plan and the municipal code.

Finding C: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

The primary purpose of the proposed code amendments is to remain consistent with state law and allow ample time for the completion of necessary improvements for new subdivisions as established by the City and subject to prior environmental review. Therefore, the changes will not be substantially detrimental to the health, safety, or general welfare of the City.

Based on the preceding, the proposed code amendments are consistent with this finding.

Strategic Plan
In accordance with the City’s Draft Strategic Plan, the proposed code amendments will ensure the ongoing provision of housing (through the creation of subdivisions) which is, in turn, tied to economic development, while ensuring the plan’s targeted value of efficiency. The amendment further will assist in: Providing a well-organized and orderly development pattern that maintains and enhances Angels Camp’s social, economic, cultural, environmental, and aesthetic resources while managing growth so that adequate facilities and services can be provided in pace with development.

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 16.12 Timeline Extensions for Tentative Subdivision Maps Page - 3

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendments are exempt from further review, because the proposed amendments address ministerial actions pursuant to Section 15268 of the State Guidelines for the implementation of CEQA which states that approval of final subdivision maps are ministerial and exempt from CEQA.

FISCAL IMPACT
None.

ATTACHMENTS:

A. Section 66452.6(a)-(e) State Subdivision Map Act
B. Planning Commission Resolution of Intent 23-03 with Exhibit A (redline/strikeout showing changes) C. City Council Ordinance 528 to Amend Chapter 16.12 with Exhibit A to Ordinance.

Chapter 16.12 Timeline Extensions for Tentative Subdivision Maps Page - 4 Attachment A – Relevant State Subdivision Map Act Section 66452.6 Gov Code – Map Expiration
(a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article

2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.

Chapter 16.12 Timeline Extensions for Tentative Subdivision Maps Page - 5 (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. (Amended by Stats. 2021, Ch. 162, Sec. 3. (SB 9) Effective January 1, 2022.) Attachment B

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-03

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL AMENDING CHAPTER 16.12 CHANGING THE EXPIRATION

DATES AND EXTENSION TIMELINES FOR TENTATIVE MAPS IN ACCORDANCE WITH THE STATE

SUBDIVISION MAP ACT

WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is to the mutual benefit of the City to maintain its municipal code consistent with state law; and
WHEREAS, a notice of public hearing for the proposed action was published January 26, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 9, 2023, and received public input on the proposed revisions to the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the State Guidelines for the implementation of CEQA which specifically state that approval of final subdivision maps is a ministerial project and therefore, not subject to CEQA;

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council Amend Chapter 16.12 changing the expiration dates and extension timelines for tentative maps in accordance with the State Subdivision Map Act pursuant to Exhibit A and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on February 9, 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 9th day of February, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Amy Augustine, City Planner
Chapter 16.12

TENTATIVE MAPS
Sections:

16.12.010 Tentative and final map required when.

16.12.020 Application filing and contents.

16.12.030 Time for filing--Incomplete filing.

16.12.040 Report by planning department.

16.12.050 Environmental assessment committee review.

16.12.060 Public hearing--Planning commission action.

16.12.070 Disapproval required when.

16.12.080 Appeals.

16.12.090 Term of approval.

16.12.100 Extension of approval term.

16.12.110 Final map may be filed.

16.12.010 Tentative and final map required when.

A. A tentative map and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels except where:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications of improvements are required; or

2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths; or

4. Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger.

B. A parcel map shall be required for those subdivisions complying with subdivisions 1, 2, 3 and 4 of subsection A of this section. No tentative map shall be required for maps complying with subdivision 4 of subsection A.

C. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

D. A tentative map and a final map shall be required when an approved tentative map has expired. (Ord. 250 §5.10, 1981)

16.12.020 Application filing and contents.

A. Every subdivider shall file an application with the city planning department, including a subdivider’s statement, all environmental documents, fourteen copies of the tentative map, and the appropriate fee as established by resolution of the city council.

B. The submitted material shall conform to the requirements of the rules of the planning commission as to form and content. Rules governing form and content shall provide for legibility and adequate scale and such information to ensure adequate consideration of the following factors at all levels of review of the map: purpose of the subdivision, ownership, dimensions, subdivision design, improvements, existing structures, public facilities, access, environmental features, topography and grading. (Ord. 250 §5.11, 1981)

16.12.030 Time for filing--Incomplete filing.

A. The time of filing a tentative map shall be fixed as the date when:

1. All maps and information required by this title have been filed, checked and accepted as complete by the planning commission;

2. The applicant provides a completed environmental evaluation form issued by the city planning commission;

3. The required fees have been paid.

B. If any required data are missing, the planning department shall so notify the subdivider or his agent within five working days, in which case no filing shall be accepted until all necessary data are received. (Ord. 250 §5.12, 1981)

16.12.040 Report by planning department.

The planning department shall prepare a written report to the planning commission on a tentative map.

A. This report shall consider the relationship of the map to the Subdivision Map Act, to this title, the zoning ordinance, other city ordinances, the general plan and any specific area plans.

B. The planning commissions shall mail a copy of this report to the subdivider or his agent or deliver in person at least five days prior to any hearing or ationaction on the map. Any changes of additions to the report shall be noticed in the same manner, at least five days prior to the next hearing or action on the map.

C. This report shall include all comments and recommendations of the environmental assessment committee, fire and police chiefs, sewer and street department and any other comments the planning department receives and determines as informational and pertinent to the proposed tentative map. (Ord. 250 §5.13, 1981)

16.12.050 Environmental assessment committee review.

The environmental assessment committee appointed by the city council shall review all tentative maps. The environmental assessment committee shall make its comments and recommendations to the planning department in writing ten days prior to any hearing or action on a tentative map. (Ord. 250 §5.14, 1981)

16.12.060 Public hearing--Planning commission action.

A public hearing shall be held by the planning commission on all tentative maps.

A. At the public hearing, the planning commission shall review the submitted tentative map, the report of the environmental assessment committee, the recommendations of any governmental agencies which are available, the comments and responses of the subdivider and of other interested parties.

B. The planning commission shall, within fifty days after the tentative map has been filed, approve, approve with conditions or disapprove the tentative map. In making its determination the planning commission shall determine whether the design and improvements shown on the map conform to the requirements of the Subdivision Map Act, city ordinances, improvement standards set forth by resolution of the city council, the general plan and any adopted specified plans of the city.

C. Within five working days after the planning commission has acted on the map, the planning commission shall report the action in writing to the subdivider or person filing the tentative map, indicating any conditions of approval and including a copy of the approved tentative map, which decision shall be final unless appealed to the city council pursuant to Section 16.12.080. A copy of the letter and map shall be retained in the files of the planning commission for at least four years, after which the letter and map may be destroyed. (Ord. 250 §5.15, 1981)

16.12.070 Disapproval required when.

The planning commission shall disapprove a tentative map if it determines:

A. That the design or improvements of the application is or are not consistent with applicable general and specific plans;
B. That the site is not physically suitable for the type of development; C. That the site is not physically suitable for the proposed density of development; D. That the design of the land division or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; E. That the design of the land division or the type of improvements is likely to cause serious public health problems;
F. That the design of the land division or the type or improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve an application if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no intent is made or implied to cause the city council to determine that the public at large has acquired easements for access through or use of property within the proposed land division; G. That the proposed land division violates the provisions of this title and no exception has been granted;
H. That the proposed land division violates the provisions of the zoning ordinance as to area, setback or frontage requirements and no variance has been granted. (Ord. 250 §5.27(B), 1981)

16.12.080 Appeals.

A. Within fifteen days after the action by the planning commission any interested person may appeal to the city council any finding, action or condition imposed by the advisory agency by filing a written notice of appeal with the clerk of the planning commission.

B. The city council may by resolution establish an "appeal fee" to cover the cost of administrative expenses therefor. Appeal fees shall be paid at the time any appeal is filed with the city.

C. The city council may sustain, modify, reject or overrule any rulings of the planning commission and may make such findings as are consistent with city ordinances and the Subdivision Map Act.

1. Upon the filing of an appeal, the city clerk shall set the matter for a hearing to be held within thirty days of the filing of the appeal.

2. Within ten days following the conclusion of the hearing the city council shall render its decision on the appeal. (Ord. 250 §5.16, 1981)

16.12.090 Term of approval.

The approval or conditional approval of a tentative subdivision map shall be valid for twenty-four months, within which time the final map may be presented to the city council for acceptance and recordation unless an extension is requested and approved pursuant to Section 16.12.100. (Ord. 250 §5.17, 1981)

16.12.100 Extension of approval term.

A. The planning commission may extend its approval of an active tentative map for an additional twelve twenty-four months, if the approval for extension of time is granted prior to the original expiration date. A total of twelve months shall be the maximum time extension allowed.if an extension is required in writing prior to the map’s expiration date. Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first [Government Code 66452.6(e)].

B. The Planning Commission may extend the map for:

1. An additional twenty-four months, or

2. In accordance with Government Code 66452.6(e), or

3. The life of a development agreement if the tentative subdivision map is on property subject to a development agreement authorized pursuant to Government Code Section 65864. The map may be extended for the period of time provided for in the development agreement, but not beyond the duration of the agreement, or

4. For maps that are part of a phased subdivision with required off-site improvements, the provisions of Government Code Section 66452.6 shall apply.

Exceptions to these extensions shall be as set forth in Government Code Section 66452.6 (e.g., moratoriums, lawsuits).

AC. An application for extension of time shall be reviewed by the planning commission, which will determine whether the map presently conforms to the requirements of the city.

BD. The planning commission may approve an extension of time, approve with conditions which cause the map to conform to present requirement, or deny the extension. If the Planning Commission denies the extension, the subdivider may appeal to the City Council within 15 days after the Planning Commission’s decision.

CE. In the event that an approved tentative map is revised and subsequently approved by the planning commission, the most recently approved tentative map shall constitute the only recognized tentative map for further action in consideration of filing the final map. (Ord. 250 §5.18, 1981)

16.12.110 Final map may be filed.

A final map may be filed with the city in accordance with Chapter 16.20 of this code. (Ord. 250 §5.19, 1981)
The Angels Camp Municipal Code is current through Ordinance 523, passed March 15, 2022.

Disclaimer: The city clerk’s office has the official version of the Angels Camp Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: http://angelscamp.gov/
City Telephone: (209) 736-2181
Code Publishing Company
Chapter 16.20

FINAL MAPS--PARCEL MAP APPROVAL
Sections:

16.20.010 Conformance to title and state law.

16.20.020 Survey of remainders.

16.20.030 Field survey--Monumentation.

16.20.040 Initiating final map preparation.

16.20.050 Submission package.

16.20.060 Submittal to city engineer.

16.20.070 Certificates--Parcel maps.

16.20.080 Certificates--Final subdivision maps.

16.20.090 Improvement security.

16.20.100 Soils report.

16.20.110 Recording.

16.20.120 Final map preparation and contents.

16.20.010 Conformance to title and state law.

The content and form of final maps and parcel maps shall be in accordance with Chapter 2, Articles 2 and 3 of the Subdivision Map Act and this title. (Ord. 250 §6.10, 1981)

16.20.020 Survey of remainders.

All remainders less than ten acres in size shall be surveyed in accordance with Section 16.20.030 prior to sale. (Ord. 250 §6.11, 1981)

16.20.030 Field survey--Monumentation.

A. All final or parcel maps shall be based upon a field survey made in conformity with the Land Surveyors Act. Monuments shall be placed at each corner of each parcel, at all angle points, and at the beginning and endings of all curves.

Right-of-way lines of city streets or streets to be offered to the city shall be monumented. All monuments shall be a minimum of five-eighths-inch diameter steel rods thirty inches long where possible. Properly marked brass caps shall be placed at all section, quarter-section and sixteenth corners. Sixteenth corners shall be set within the area being surveyed.

B. A final or parcel map may be compiled from record data when a record map delineates the exterior boundary of the land being divided and monumentation exists that completely delineates the parcels being formed. (Ord. 250 §6.12, 1981)

16.20.040 Initiating final map preparation.

At any time before the expiration of an approved tentative map the subdivider may cause the subdivision or a logical part thereof to be accurately surveyed and a final map prepared and presented to the city council for approval, provided:

A. That the required fees have been paid;
B. The subdivider has complied with the soil report requirement of this chapter; C. A preliminary title report verifying clear title to the subdivision has been submitted to the city engineer;
D. The subdivider has complied with the improvement agreement and bonding requirements adopted by the city council;
E. The subdivider has complied with all conditions of the tentative map; F. The subdivider has received authorization from the city council for phased development if less than the total subdivision is represented on the final map; G. The final map has been reviewed by the city engineer in accordance with Section 16.20.060. (Ord. 250 §6.14, 1981)

16.20.050 Submission package.

A. The applicant shall include with the parcel map:

1. The required fees;

2. The preliminary title report;

3. The deeds establishing all existing and proposed easements and rights-of-way on the property;

4. Copies of all lot and boundary closures.

B. The developer shall also comply with all requirements of the planning commission and the design standards as adopted by the city council. (Ord. 250 §6.16, 1981)

16.20.060 Submittal to city engineer.

Final and parcel maps shall be submitted to the city engineer for his examination prior to recording.

A. When the engineer deems that the final or parcel map is in substantial conformity with the approved application and its conditions, the Subdivision Map Act and this title, he shall so certify on the map and within twenty days of submission or resubmission present the map to the county recorder for recording in the official records of the county in accordance with Section 16.20.110 of this title.

B. The city engineer shall receive from each officer or responsible department a written report establishing compliance or noncompliance with the approved tentative map. When all letters from departments of concern indicate that all conditions of the approved tentative map are in compliance, the city engineer shall request time on the agenda of the city council for final approval and resolution accepting offers of dedication. (Ord. 250 §6.18, 1981)

16.20.070 Certificates--Parcel maps.

The following certificates shall appear on parcel maps:

A. Title and Dedication Certificate.

The undersigned being the party(ies) having a record title interest in the lands delineated do hereby consent to the preparation and recordation of this parcel map thereof, and does (do) hereby irrevocably and in perpetuity offer to the City of Angels a dedication of all easements and rights-of-way that appear on this map.
_____________________ __________________________
(Owner Name) (Name and Title)
_____________________ __________________________
(Owner Name) (Name) (Title Company)
Trustee for Deed of Trust
__________OR__________Calaveras
County Records
B. Surveyor’s (Engineer’s) Certificate.

This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any.
(Signed) _____________________
R.C.E. (or L.S.) No. _____________________
C. Recorder’s Certificate.

Filed this ___ day of _______________, 19___, at ______ m. in Book _____ of _____, at page _____, at the request of __________________________________. (Signed) _____________________
County Recorder
D. City Clerk’s Certificate. When offers of dedication are made the following certificate shall appear on the map:

All offers of dedication that appear on this map were (rejected/accepted) by the Angels City Council on ____________ ____ ___________, 19___ by Resolution Number ____________. (Signed) _____________________
E. City Engineer’s Certificate.

This map conforms with the requirements of the Subdivision Map Act and local ordinances. (Signed) _____________________
(Date) _____________________
(Ord. 250 §6.19(A), 1981)

16.20.080 Certificates--Final subdivision maps.

Subdivision final maps shall contain the following certificates:

A. A signed and acknowledged certificate of the owners of land consenting to preparation and recording of the final map as required by Section 66436 of the Subdivision Map Act; B. The certificate of the owners of the land offering for dedication to the public those parcels designated upon the final map to be devoted to public purposes as, required by Section 66439 of the Subdivision Map Act;
C. The certificate of the engineer or surveyor responsible for the survey and final map that he made the survey, that it is true and complete as shown on the map and that the required monuments are set and are sufficient to retrace the survey, as required by Section 66495 of the Subdivision Map Act;
D. The certificate of the city engineer that he has examined the final map, that it is substantially the same as the tentative map and any approved alterations thereof, that all provisions of the Subdivision Map Act and this title have been satisfied, and that the map is technically correct as required by Section 66442 of the Subdivision Map Act;
E. The certificate of the redemption officer (Calaveras County treasurer) that the requirements of Sections 66492 through 66494 of the Government Code, relative to the payment of unpaid state, county, city or local taxes or special assessments, are in compliance; F. The certificate of the city clerk that the city council approved the map and accepted or rejected any parcel offered for dedication to public use, as required by Sections 66440 of the Subdivision Map Act;
G. The certificate of the county recorder that the map is accepted by him for recording in his office as required by Section 66461 of the Subdivision Map Act;
H. Any other certificates required by the Subdivision Map Act or this title. (Ord. 250 §6.19(B), 1981)

16.20.090 Improvement security.

Any improvement agreement required or authorized by this chapter or the Subdivision Map Act for which security is required shall comply with the provisions of this section and Section 66499 of the Subdivision Map Act.

A. Improvement security shall be by: (1) bond or bonds, (2) cash, or (3) certificate of deposit; provided, that the city of Angels may, upon the request of a developer or subdivider, accept (but shall not be required to accept) recorded special assessment liens levied upon such developer’s or subdivider’s property and recorded pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), as amended from time to time, as improvement security for the construction and installation of the improvements authorized by such special assessment legal proceedings. The amount of security shall be based upon an approved engineer’s estimate and be in an amount established by resolution of the city council; provided, that in the case of special assessment liens, the amount of security shall be based upon the engineer’s report approved by resolution in the special assessment proceedings.

B. The improvement security given for the faithful performance of any act shall be released upon the final completion and acceptance of the act or work subject to the following:

1. The city engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application by the subdivider; provided, however, that no such release shall be for an amount less than forty-five percent of the total of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than twenty-five percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the city engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Subdivision Map Act or the improvement agreement.

2. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the act or work, be reduced to an amount of all claims therefor filed and of which notice has been given to the city council. An additional amount reasonably determined by the city engineer shall be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

3. In the event that a certificate states that all monuments will be set on or before a specified later date, the subdivider shall furnish a bond or cash deposit in an amount equal to the estimated cost of setting such monuments, not already set prior to recording of the final map. Upon payment to the engineer or-surveyor for setting the final monuments, the subdivider shall present to the governing body evidence of such payment and a receipt thereof by the engineer or surveyor, together with a request that his bond be released or that his cash deposit be returned. The bond shall be released or the cash deposit shall be returned to the depositor within ten days of the verification.

4. Prior to release of security set forth in this section the subdivider shall provide the city security guaranteeing the maintenance of all improvements for a period of one year. No security given for the guaranty or warranty of work shall be released until the warranty period has expired. (Ord. 343 §1, 1995; Ord. 250 §6.20, 1981)

16.20.100 Soils report.

Prior to submitting a final map with the city engineer, a soils report shall be provided as follows:

A. Preliminary Soil Report. The subdivider shall file a preliminary soil report with the city. The report shall be prepared by a geologist or civil engineer who is registered by the state, and shall be based upon adequate test boring or excavations, in the subdivision.

B. Soil Investigation. When the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state of California. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the city. (Ord. 250 §6.21, 1981)

16.20.110 Recording.

After the city clerk has executed the certificate of approval of the city council, the final map shall be submitted to the county recorder for recording. Within ten days after a final map is submitted for recording, the county recorder shall accept it for recordation by executing a certificate to that effect on the face of the map providing:

A. The subdivider has furnished to the county recorder a guarantee of title or letter from a title company certifying that the names of all persons whose consent is necessary to pass clear title to the land being subdivided, and all acknowledgements thereto appear on the certificates, consenting to the making of the map and making offers of dedication, which are correctly shown on the final map;
B. The subdivider has furnished to the county recorder the original tracing of the final map; C. That there has been compliance with all provisions of the Subdivision Map Act and the provisions of this title;
D. Acceptance for recordation will be allowed if made within twenty-four months after approval of the tentative map of the subdivision, plus any extensions granted by the planning commission or city council entered in its minutes. -(Ord. 250 §6.22, 1981)

16.20.120 Final map preparation and contents.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey in accordance with the Land Surveyors Act and shall conform to all of the following provisions:

A. It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

B. The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets composing the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

C. The tract designation and drawings, certificate, acknowledgements, endorsements, offers and acceptances of dedication and notarial seals shall be within the marginal lines. The first sheet of the map shall contain all certificates, including owner’s consent to subdivision, and all acknowledgements, endorsements, offers and acceptances of dedication and notarial certificates as required by the Subdivision Map Act and this title and no signed certificates shall appear on any other sheet.

D. The title sheet of the final map shall contain the tract number and designation and such other descriptive matter as may be necessary. Below the tract designation shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States Survey. Reference to tracts and subdivisions in the description must be worded identically with original records and reference to book and page or record must be complete. The basis of bearing for the survey shall be clearly noted.

E. The final map shall particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all dimensions, boundaries and courses clearly shown and defined in every case. No ditto marks shall be used.

Parcels offered for dedication but not accepted shall be designated by letter. All parcels shall be shown in their entirety on at least one sheet.

F. The map shall show clearly what monuments or other evidences were found on the ground to determine the boundaries of the tract and the names of owners of adjoining properties.

G. The map shall show all information, data and monuments necessary to locate and retrace any and all exterior boundary lines and lot and block lines. It shall also show bearings and distances of straight lines and radii, and central angle and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves, bearings and tangent distances and radii, central angle and arc lengths of all lots. Where streets intersect on curves, centerline lengths, radii deltas and centerline intersection points shall be shown.

H. Wherever the center of a street or alley has been established, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.

I. The map shall show all areas subject to inundation.

J. Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named.

K. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision and particularly its relation to surrounding surveys. A record of survey of the subdivision boundary shall be recorded prior to submittal of the final map or a separate sheet(s) contained with the final map shall clearly represent the boundary location and determination.

L. When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

M. The total width of all street rights-of-way shall be shown, as well as the widths of rights-of-way for flood control or drainage channels and any other rights-of-way.

N. The map shall show all easements existing and proposed. Easements for storm drains, sewers, public utilities and other purposes shall be clearly defined. The width of easement and the length and bearings of the lines thereof and sufficient ties to definitely locate the easement with respect to the subdivision must be shown.

O. Road names shall be subject to the approval of the city council. (Ord. 250 §6.23, 1981) The Angels Camp Municipal Code is current through Ordinance 523, passed March 15, 2022.

City Website: http://angelscamp.gov/
City Telephone: (209) 736-2181
Code Publishing Company

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 528
AN ORDINANCE AMENDING CHAPTER 16.12 OF THE ANGELS MUNICIPAL CODE CHANGING THE

EXPIRATION DATES AND EXTENSION TIMELINES FOR TENTATIVE MAPS IN ACCORDANCE WITH THE STATE

SUBDIVISION MAP ACT
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Chapter 16.12, is hereby amended as shown in Attachment A.

Section 2: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.

The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on May 2, 2023, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on May 16, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Mayor
ATTEST:

Rose Beristianos
City Clerk

16.12.090 Term of approval.

The approval or conditional approval of a tentative subdivision map shall be valid for twenty-four months unless an extension is requested and approved pursuant to Section 16.12.100.. (Ord. 250 §5.17, 1981)

16.12.100 Extension of approval term.

A. The planning commission may extend its approval or conditional approval of an active tentative subdivision map if an extension is requested in writing prior to the map’s expiration date. Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first [Government Code 66452.6(e)].

B. The Planning Commission may extend the map for:

I. An additional twenty-four months, or
II. In accordance with Government Code 66452.6(e), or
III. The life of a development agreement if the tentative subdivision map is on property subject to a development agreement authorized pursuant to Government Code Section 65864. The map may be extended for the period of time provided for in the development agreement, but not beyond the duration of the agreement, IV. For maps that are part of a phased subdivision with required off-site improvements, the provisions of Government Code Section 66452.6 shall apply.

Exceptions to these extensions shall be as set forth in Government Code Section 66452.6 (e.g., moratoriums, lawsuits).

C. An application for extension of time shall be reviewed by the planning commission, which will determine whether the map presently conforms to the requirements of the city.

D. The planning commission may approve an extension of time, approve with conditions which cause the map to conform to present requirements, or deny the extension. If the Planning Commission denies a subdivider’s application for an extension, the subdivider may appeal to the City Council within 15 days after the Planning Commission’s decisions.

E. In the event that an approved tentative map is revised and subsequently approved by the planning commission, the most recently approved tentative map shall constitute the only recognized tentative map for further action in consideration of filing the final map. (Ord. 250 §5.18, 1981)

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 DATE: May 2, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: ORDINANCE 529 ADDING CHAPTER 17.05 (CEQA GUIDELINES) TO THE CITY OF ANGELS MUNICIPAL CODE (AMC) AND RESOLUTION 23-42 ADOPTING THE CITY OF

ANGELS CEQA GUIDELINES AND ENVIRONMENTAL REVIEW PROCEDURES

RECOMMENDATION

1. Introduce, waive first reading, hold a public hearing, and schedule a second public hearing for May 16, 2023, to adopt Ordinance 529 adding Chapter 17.05 (CEQA Guidelines) to the City of Angels Municipal Code (AMC) and adopting the City of Angels CEQA Guidelines and Environmental Review Procedures

2. Adopt Resolution 23-42 adding Chapter 17.05 (CEQA Guidelines) to the City of Angels Municipal Code (AMC) adopting the City of Angels CEQA Guidelines and Environmental Review Procedures.

BACKGROUND
Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment or zone change may be initiated by a resolution of intention of the planning commission. On April 13,2023, the Planning Commission adopted Resolution of Intent 23-006 recommending to the City Council adoption of the attached Ordinance and Resolutions to establish the City of Angels CEQA Guidelines and Environmental Review Procedures.

The purposes of this action are to:
• Provide the City of Angels, project applicants, and the public with the procedures to be used in administering the city's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq., and as may be amended, and • Tailor the implementation of CEQA to the specific needs of the City, and • Meet the requirements of Section 15022 of the State CEQA Guidelines.

Section 15022 of the State CEQA Guidelines states that:

Each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and the state guidelines for implementing CEQA (Guidelines) as necessary to administer its responsibilities under CEQA.

Consistent with this requirement, the attached City of Angels CEQA Guidelines and Environmental Review Procedures (Attachment C) include the following provisions as required per the State CEQA Guidelines:

1. Identifying activities exempt from CEQA including:
8B

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 (A) Process for evaluating activities to determine there is no possibility they may have a significant effect on the environment.
(B) Establishing a list of projects or permits over which the has only ministerial authority Establishing a list of activities conducted by the City that fall within the Categorical Exemptions categories established by the Guidelines.

2. Procedures for Initial Studies.

3. Preparing draft and final Negative Declarations/Mitigated Negative Declarations.

4. Preparing draft and final Environmental Impact Reports (EIRs).

5. Consulting with and obtaining comments from other public agencies and the community regarding potential project impacts

6. Providing adequate opportunity and time for public and agency review and comments on Draft environmental documents

7. Evaluating and responding to comments received on environmental documents

8. Assigning responsibility for determining the adequacy of environmental documents

9. Reviewing and considering environmental documents by the person or decision-making body who will approve or disapprove a project.

10. Filing documents required or authorized by CEQA

11. Providing adequate comments on environmental documents submitted to the for review

12. Assigning responsibility for specific CEQA functions within the

13. Providing time periods for performing CEQA functions Two actions are proposed to complete this action:

1. Add Chapter 17.05 to the AMC codifying the City’s CEQA Guidelines and incorporating by reference the City of Angels CEQA Guidelines and Environmental Review Procedures, and

2. Adopting the City of Angels CEQA Guidelines and Environmental Review Procedures by resolution to facilitate updating the guidelines without a requirement for an ordinance or code amendment.

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A/B: The proposal conforms with the City's General Plan and Municipal Code The proposed changes will not alter land uses, but are of a clerical nature and provide transparency for the public. Therefore, the City’s general plan and municipal code will not be affected by the proposed guidelines.

Finding C: The proposed changes are not detrimental to the health, safety, or general welfare of the city
The proposed changes will not alter land uses, but are of a clerical nature and provide transparency for the public. Therefore, the proposed changes will not be detrimental to the health, safety, or general welfare of the city.

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendments are exempt from further review pursuant to Section 15061(b)(3), the Common Sense Rule, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed changes will not alter land uses or create any physical change to the environment, but rather provide guidelines for implementing state regulations. Therefore, it can be seen with certainty that the project will not result in any significant effect on the environment and the project is CEQA exempt.

ATTACHMENT
A. Planning Commission Resolution of Intent 23-006
B. City Council Ordinance 529 with proposed Chapter 17.05 Angels Municipal Code C. City Council Resolution 23-42 with Draft City of Angels CEQA Guidelines and Environmental Review Procedures

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-006

A RESOLUTION OF INTENT OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADDING CHAPTER 17.05 (CEQA GUIDELINES) TO

THE ANGELS MUNICIPAL CODE (AMC) AND ADOPTING THE CITY OF ANGELS

CEQA GUIDELINES AND ENVIRONMENTAL REVIEW PROCEDURES
WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is necessary from time to time to amend the municipal code to reflect state regulations; and
WHEREAS, a notice of public hearing for the proposed action was published March 30, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 13, 2023, and received public input on the proposed revisions to the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), the Common Sense Rule, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed changes will not alter land uses or create any physical change to the environment, but rather provide guidelines for implementing state regulations. Therefore, it can be seen with certainty that the project will not result in any significant effect on the environment and the project is CEQA exempt; NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council adding Chapter 17.05 (CEQA Guidelines) to the Angels Municipal Code and adopting The City Of Angels CEQA Guidelines and Environmental Review Procedures pursuant to Exhibit A and Exhibit B and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on April 13, 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 13th day of April, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Caytlyn Schraner, Planning Commission Secretary

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 529
AN ORDINANCE ADDING CHAPTER 17.05 TO THE ANGELS MUNICIPAL CODE ADDING CHAPTER 17.05 (CEQA GUIDELINES) TO THE CITY OF ANGELS MUNICIPAL CODE (AMC) AND

ADOPTING THE CITY OF ANGELS CEQA GUIDELINES AND ENVIRONMENTAL REVIEW

PROCEDURES

THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Chapter 17.05, is hereby added as shown in Attachment A.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Mayor
ATTEST:

Rose Beristianos
City Clerk

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Page 1 of 2 ends

Ch a p t e r 17.05
Cit y of An ge ls CEQA Gu id e lin e s &
En viron m e n t a l Re vie w Proce d u re s
Sections:

17.05.010 Purpose

17.05.020 Incorporation of State CEQA Guidelines

17.05.030 City of Angels CEQA Guidelines and Environmental Review Procedures

17.05.040 Definitions

17.05.050 Delegation of responsibility

17.05.060 Appeals of Environmental Determinations

17.05.010 Purpose.

The purpose of this section is to provide the City of Angels, project applicants, and the public with the procedures to be used in administering the city's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq., and as amended.

These guidelines are prepared in accordance with the State CEQA Guidelines, Public Resources Code Section 15022 which states that each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and the State CEQA Guidelines for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents.

17.05.020 Incorporation of State CEQA Guidelines.

The full text of the State CEQA Guidelines as amended is hereby incorporated by reference into this ordinance as if fully set out herein and shall supersede any inconsistent provisions of these city environmental review procedures. These environmental review procedures supplement the State CEQA Guidelines adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq. In the event there is a conflict between the Public Resources Code and the CEQA Guidelines, the Public Resources Code shall govern.

In the event there is a conflict between these local guidelines and the state CEQA Guidelines, the state CEQA Guidelines shall govern.

17.05.030 City of Angels CEQA Guidelines and Environmental Review Procedures There is created a document known as the "City of Angels CEQA Guidelines and Environmental Review Procedures”. The document sets forth the procedures for the City’s orderly evaluation of projects and preparation of environmental documents pursuant to CEQA.

This document may be amended by resolution of intent of the Planning Commission made to the City Council and changes will be adopted by the City Council by resolution.

Page 2 of 2 ends

17.05.040 Definitions.

For the purposes of this Chapter and the City of Angels CEQA Guidelines and Environmental Review Procedures,” the following definitions apply:
“CEQA” shall mean the California Environmental Quality Act, the State Guidelines for Implementing the California Environmental Quality Act, and the City of Angels CEQA Guidelines and Environmental Review Procedures”.
“City Planner” shall mean the City Planner or his or her designee, and sometimes referred to as the Community Development Department Director or Planning Director. “Department” shall mean the Community Development Department, Planning Division. “Director” shall mean the City Planner.
“Environment” shall be as defined in Section 15360 of the State CEQA Guidelines. “Environmental document” shall mean a draft or final version of a negative declaration (ND), mitigated negative declaration (MND), or environmental impact report (EIR).

17.05.050 Delegation of responsibility.

The City Planner is responsible for administering and implementing the provisions of CEQA and the State and City Guidelines for Implementing the California Environmental Quality Act of 1970.

17.05.060 Appeals of environmental determinations.

A. Any determination or decision made by the City Planner pursuant to these environmental review procedures may be appealed to the planning commission by any person aggrieved or affected by such determination or decision. Such an appeal shall be made by filing a written appeal with the City Clerk within ten calendar days after the decision or determination. The written appeal shall set forth the grounds upon which the appeal is based. The planning commission shall act on the appeal within thirty days of the date of the filing of written appeal, or as soon thereafter as may be heard.

B. Any determination or decision made by the Planning Commission pursuant to these environmental review procedures may be appealed to the City Council by any person aggrieved or affected by such determination or decision. Such an appeal shall be made by filing a written appeal with the City Clerk within ten calendar days after the decision or determination. The written appeal shall set forth the grounds upon which the appeal is based. The City Council shall act on the appeal within thirty days of the date of the filing of written appeal, or as soon thereafter as may be heard.

C. Where an appeal is made on the decision of a project, the planning commission or city council may also review the environmental document prepared for the project; however, the environmental document need not be recertified if the appeal is not based on issues of the environment.

City of Angels
City Council Resolution No. 23-42

ADOPTING LOCAL PROCEDURES FOR IMPLEMENTING CEQA AND ENVIRONMENTAL

REVIEW PROCEDURES
WHEREAS, Section 15022 of the state guidelines for the implementation of the California Environmental Quality Act (CEQA Guidelines) requires the City of Angels (City) to adopt objectives, criteria, and specific procedures for administering its responsibilities under CEQA; and
WHEREAS, the CEQA Guidelines authorize the City to adopt the Guidelines through incorporation by reference; and
WHEREAS, the City adopted the CEQA guidelines through reference pursuant to Ordinance 529 establishing Chapter 17.05 of the Angels Municipal Code addressing CEQA Guidelines; and
WHEREAS, the CEQA Guidelines additionally direct the City to adopt local procedures to tailor the Guidelines to the specific operations of the City; and WHEREAS, the City has identified local procedures to supplement the State CEQA Guidelines and tailor the Guidelines to the specific operations of the City; NOW, THEREFORE, BE IT RESOLVED by the City of Angels City Council hereby adopts:

The City of Angels CEQA Guidelines and Environmental Review Procedures attached hereto, and as may be amended from time to time by the City PASSED AND ADOPTED by this 2nd day of May, 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________
Jennifer Herndon, Mayor
______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
0 CITY OF ANGELS

CEQA GUIDELINES &

ENVIRONMENTAL

REVIEW PROCEDURES

DRAFT
March 30, 2023
City of Angels CEQA Guidelines
1 Contents
City Council Resolution No. 23-XX............................................................................................. 3 Introduction/Purpose.................................................................................................................. 4 CEQA Process Overview ........................................................................................................... 5 Regulatory Setting/Approach ..................................................................................................... 6 Amendments.............................................................................................................................. 7 City of Angels CEQA Guidelines / Environmental Review Procedures ....................................... 8

1. General Guidelines ............................................................................................................. 8

1.1 Meet State and CEQA Guidelines............................................................................... 8

1.2 Consider the Entire Project.......................................................................................... 8

1.3 Use of Consultants ...................................................................................................... 8

1.4 Conflicts of Interest...................................................................................................... 8

2. Roles, Responsibilities, Applicability ................................................................................... 8

2.1 Applicability ................................................................................................................. 8

2.2 Lead Agency ............................................................................................................... 8

2.3 City Planner................................................................................................................. 9

2.4 Planning Commission/City Council - Decision-Making Body Certifies the Environmental Document..............................................................................................................................10

3. Preliminary Environmental Review.....................................................................................12

4. Activities Not Subject to CEQA ..........................................................................................12

5. Activities Exempt from CEQA.............................................................................................14

5.1 Statutory Exemptions (State CEQA Guidelines Section 15260-15285).......................14

5.1.1 Feasibility and Planning Studies (Section 15262).....................................................14

5.1.2 Ministerial Projects (Section 15268) .........................................................................14

5.1.3 Emergency Projects (Section 15269) .......................................................................15

5.1.4 Projects which are Disapproved (Section 15270) .....................................................16

5.1.5 Rates and Charges (Section 15273) ........................................................................16

5.1.6 Family Day Care Homes (Section 15274) ................................................................17

5.1.7 Accessory Dwelling Units (Sections 15282, 21080.17)............................................17

5.1.8 Preparation and adoption of an Urban Water Management Plan (Section 15282)...17

5.1.9 Regional Housing Needs Assessment (RHNA) – Section 15283..............................17

5.1.10 Street Restriping (Section 21080.19)......................................................................17

5.1.11 Transportation, Pedestrian and Bicycle Plans (Section 21080.20)..........................17

5.1.12 Pipelines within a Public Right-of-Way Less than One Mile in Length (Section 21080.21)...........................................................................................................................17 City of Angels CEQA Guidelines
2 5.1.13 Pedestrian and Bicycle Facilities (Section 21080.25) ............................................18

5.1.14 Minor Alterations to Utilities/Fluoridation (Section 21080.26).................................18

5.1.15 Acquisition, Sale or Land Transfer by a Public Agency for various purposes (Section 21080.28)...........................................................................................................................18

5.1.16 Solar Energy System – Roofs, Parking Lots (Section 21080.35)...........................18

5.1.17 Interim Motel Housing Project, Residential Hotel, Supportive Housing, Supportive Services, Transitional Housing (Section 21080.50)...........................................................19

5.1.18 Linear Broadband in existing Right-of-Way (Section 21080.51)..............................19

5.2 Article 12.5 Exemptions ..............................................................................................19

5.3 Categorical Exemptions..............................................................................................20

5.4 Common Sense (General Rule) Guidelines Section 15061(b)(3)................................22

5.5 Applicable Form for a CEQA Exemption: Notice of Exemption ......................................23

6. Activities NOT Exempt from CEQA ....................................................................................24

6.1 Processing Projects Not Exempt from CEQA .............................................................24

6.1.1 Early CEQA Consultation.....................................................................................24

6.2 Initial Study.................................................................................................................24

6.3 Negative Declaration/Mitigated Negative Declaration .................................................24

6.3.1 Public Notice and Review of Draft Negative Declaration/Mitigated Negative Declaration.........................................................................................................................25

6.3.2 Adoption/Certification of Negative Declaration/Mitigated Negative Declaration ........25

6.4 Environmental Impact Reports (EIRs).........................................................................25

6.4.1 Public Notice of Availability Draft EIR/Access to Draft EIR .......................................25

6.4.2 Gathering Public Input on Draft EIR (State CEQA Guidelines Section 15087).........26

6.4.3 Adoption/Certification of Final EIR............................................................................26 Attachment A: CEQA FLOW CHART .......................................................................................27 Attachment B: TYPES OF CEQA FORMS AND WHEN TO FILE THEM..................................28 Attachment C: CEQA CATEGORICALLY EXEMPT PROJECTS ............................................31 C1. EXCEPTIONS to Categorical Exemptions (CEQA Guidelines Section 15300.2): ..........31 C2. City Projects Categorically Exempt from CEQA .............................................................33 City of Angels CEQA Guidelines
3 City of Angels
City Council Resolution No. 23-42

ADOPTING LOCAL PROCEDURES FOR IMPLEMENTING CEQA AND ENVIRONMENTAL

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Mayor
ATTEST:

Rose Beristianos
City Clerk
City of Angels CEQA Guidelines
4 Introduction/Purpose
The purposes of this document are to:
• Provide the City of Angels, project applicants, and the public with the procedures to be used in administering the city's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq., and as may be amended,
• Tailor the implementation of CEQA to the specific needs of the City, and • Meet the requirements of Section 15022 of the State CEQA Guidelines.

City of Angels CEQA Guidelines
5 CEQA Process Overview
Appendix A provides a detailed overview of the CEQA process. The following is a summary.

There are three primary types of environmental documents prepared pursuant to CEQA. Each “type” is progressively more involved and is processed differently.

CEQA Exemptions
Initial Study
Short, quick, generally “small” projects
Types: Categorical, Statutory, Common Sense, Article 12.5 Negative
Declaration
6 months – 1 year+
Moderate-to-large projects
Technical studies
Mitigate all impacts to
less-than-significant
Types:

Negative Declaration
Mitigated Negative
Declaration
Environmental
Impact
Report
1-2+ Years
Large projects
Often controversial
Technical studies
May avoid fully mitigating
impacts
(Overriding
Considerations)
City of Angels CEQA Guidelines
6 Regulatory Setting/Approach
Section 15022 of the state guidelines for the implementation of the California Environmental Quality Act (Guidelines), states that:

1. Identifying activities exempt from CEQA including:
(A) Process for evaluating activities to determine there is no possibility they may have a significant effect on the environment.
(B) Establishing a list of projects or permits over which the has only ministerial authority (C) Establishing a list of activities conducted by the City that fall within the Categorical Exemptions categories established by the Guidelines.

2. Procedures for Initial Studies.

3. Preparing draft and final Negative Declarations/Mitigated Negative Declarations.

4. Preparing draft and final Environmental Impact Reports (EIRs).

5. Consulting with and obtaining comments from other public agencies and the community regarding potential project impacts

6. Providing adequate opportunity and time for public and agency review and comments on Draft environmental documents

7. Evaluating and responding to comments received on environmental documents

8. Assigning responsibility for determining the adequacy of environmental documents

9. Reviewing and considering environmental documents by the person or decision-making body who will approve or disapprove a project.

10. Filing documents required or authorized by CEQA

11. Providing adequate comments on environmental documents submitted to the for review

12. Assigning responsibility for specific CEQA functions within the required timelines

13. Providing time periods for performing CEQA functions The City adopted the State CEQA Guidelines through incorporation by reference pursuant to Ordinance ____ establishing Angels Municipal Code Chapter 17.05. Chapter 17.05 establishes the City of Angels CEQA Guidelines and Environmental Review Procedures (this document) tailoring CEQA implementation and environmental review procedures to the City’s specific needs.

City of Angels CEQA Guidelines
7 The following procedures address each category established under Section 15022 of the State CEQA Guidelines.

Amendments
These guidelines may be amended, as needed, by resolution of intent of the Planning Commission and resolution of the City Council.

City of Angels CEQA Guidelines
8 City of Angels CEQA Guidelines / Environmental Review Procedures
The following are the ’s local procedures for implementing the California Environmental Quality Act (CEQA) adopted pursuant to Section 15022 of the State CEQA guidelines (Guidelines).

1. General Guidelines

1.1 Meet State and CEQA Guidelines
Projects subject to CEQA review will be approved or constructed by the City after meeting the requirements of the State and City CEQA Guidelines. To the extent that these Local Procedures appear to conflict with the State CEQA Guidelines, the State CEQA Guidelines shall prevail.

1.2 Consider the Entire Project
A project is defined as the “whole of an action” and may not be divided into smaller parts, pieces, or projects to avoid full consideration of its environmental impacts. The entire project will be considered when determining its environmental effects.

1.3 Use of Consultants
The City may use consultants to fulfill its obligations under CEQA including, but not limited to, preparing Initial Studies, Negative/Mitigated Negative Declarations, and EIRs.

Consultants hired for these purposes will be selected using the City’s adopted procurement requirements.

1.4 Conflicts of Interest
No firm or person with a financial interest in a project will be employed to prepare environmental documents for that project.

2. Roles, Responsibilities, Applicability

2.1 Applicability
The procedures established under these Guidelines apply to both public and private projects for which the City is the Lead Agency.

2.2 Lead Agency
The City will serve as the Lead Agency for those projects where the City has the principal responsibility for carrying out or approving the project.

City of Angels CEQA Guidelines
9 2.3 City Planner
The City Planner (or his or her designee) is responsible for:
a) Determining whether an Initial Study is required or whether the project is excluded or exempt from CEQA review. If determined that a project is excluded or exempt, no further environmental review is required and it shall be documented in the record.

Environmental determinations by the City Planner may be appealed to the Planning Commission.
b) Carrying out all environmental reviews undertaken by the including those requested on behalf of other agencies.
c) Obtaining comments from other agencies/organizations and the public regarding potential environmental effects of proposed projects
d) Identifying the appropriate measures to reduce potentially significant effects of a project to levels of less-than-significant
e) Preparing and processing all environmental documents on behalf of the City f) Preparing Mitigation Monitoring and Reporting Plans where required g) Reviewing and commenting on environmental documents submitted to the City by other public agencies
h) Preparing, distributing, filing, signing, and paying applicable California Department of Fish and Wildlife fees and recording fees for environmental notices, including:

Notices of Intent, Notices of Preparation, Notices of Completion, Notices of Exemption and, subject to Planning Commission and/or City Council certification of the environmental document, Notices of Determination. Project proponents shall be responsible for providing applicable fees to the City for all applicable fees for private projects.
i) Developing, coordinating, and implementing the ’s environmental review procedures consistent with the policy direction provided by the City Council.

City of Angels CEQA Guidelines
10 2.4 Planning Commission/City Council - Decision-Making Body Certifies the Environmental Document
A. Exemptions. The City planner shall be the decision-making body for CEQA Exemptions. The City Planner may refer the decision to the Planning Commission where the project requires a public hearing before the Planning Commission.

B . For a Negative Declaration or Mitigated Negative Declaration, the decisionmaking body (See Table 1) for an individual project will be the certifying body. The decision-making body is responsible for:
a) Considering the environmental document prepared prior to acting on the project b) Confirming that the environmental document(s) reflect(s) the Lead Agency’s independent judgement and analysis.
c) Make the findings required by State CEQA Guidelines Section 15091 (Findings) and Section 15093 (Statement of Overriding Considerations) as applicable. d) Certifying the Negative/Mitigated Negative Declaration or Final EIR C. For an Environmental Impact Report for private projects, the Planning Commission shall consider and recommend to the City Council. The City Council is the decisionmaking body for all environmental impact reports. 11 Table 1: Decision-Making Authority
12 3. Preliminary Environmental Review
The City Planner is responsible for conducting a preliminary evaluation to determine if an undertaking is:
a) Not Subject to CEQA (Section 4)
b) Subject to CEQA, but Exempt from additional CEQA review (Section 5), or c) Subject to CEQA and requires CEQA review (Section 6)

4. Activities Not Subject to CEQA
Only those undertakings that meet the definition of a “Project” are subject to CEQA review.

The first step in the CEQA process is to determine if an activity is a “Project.” Projects are defined by CEQA as:
“Project” (CEQA Guidelines Section 21065)
An activity which:

May cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment; and which is any of the following:
a) Is undertaken by a public agency (i.e., the City)
b) Undertaken by a person with support in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from a public agency
c) Involves issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies City of Angels CEQA Guidelines
13 City Activities
that are NOT Projects and NOT Subject to CEQA
include, but are not limited to:
➢ Purchasing supplies
➢ Personnel-related actions
➢ Submitting a proposal to a vote in response to a
petition drive initiated by voters [California
Constitution, Article II, Section 11(a), and Election
Code Section 9214]
➢ Organizational or administrative activities that do
not result in direct or indirect physical changes to
the environment
City of Angels CEQA Guidelines
14 A “Project” pursuant to CEQA, may be exempt from further analysis under CEQA if it meets one of the requirements in Section 5 (i.e., is Subject to CEQA (a project), but Exempt from additional CEQA review “CEQA EXEMPT”).

5. Activities Exempt from CEQA
There are several categories of Projects that qualify for a CEQA Exemption. They include:

5.1 Statutory Exemptions (State CEQA Guidelines Section 15260-15285) Statutory exemptions are excepted from CEQA environmental review even if the Project may have environmental impacts unless otherwise specifically addressed in the exemption. A complete list of Statutory Exemptions is found in CEQA Guidelines Sections 15260-15285, or as amended. Statutory Exemptions most commonly used by and applicable to the City include, but are not limited to:

5.1.1 Feasibility and Planning Studies (Section 15262)
Studies for possible future actions which the City has not approved, adopted, or funded.

Consideration of environmental factors is required; however, preparation of a Negative or Mitigated Negative Declaration or EIR is unnecessary.

5.1.2 Ministerial Projects (Section 15268)
CEQA applies in situations where the City can use its judgment in deciding whether and how to carry out or approve a project. A project subject to such judgmental controls is called a “discretionary project” (Section 15357). Where the law requires a governmental agency to act on a project in a set way without allowing the agency to use its own judgment (i.e., relying entirely on pre-established standards), the project is called “ministerial,” and CEQA does not apply [(Section 15369 (2)].

Consistent with the State CEQA Guidelines, activities that are Ministerial and, therefore, exempt from CEQA include those listed in Table 2. Table 2 is not intended to include all possible ministerial projects in the City.

If a project includes elements that are both ministerial and discretionary, the project is considered discretionary and subject to CEQA review with some exceptions.

City of Angels CEQA Guidelines
15 5.1.3 Emergency Projects (Section 15269)
This provision exempts from CEQA:
a) Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area where a state of emergency has been proclaimed by the Governor per Government Code Section 8550 (California Emergency Services Act). This includes projects that remove, destroy, or significantly alter a historical resource when the resource represents an imminent threat to the public of bodily harm or damage of an adjacent property.
b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. d) Projects necessary to prevent or mitigate an emergency. This does not include longterm projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety, or welfare, or ii) if activities (such as

CITY OF ANGELS MINISTERIAL PROJECTS
INCLUDE, BUT ARE NOT LIMITED TO:
• Issuing Building Permits
• Issuing Business licenses
• Approving individual utility service connections and disconnections • Small family day care facilities (in-home care up to 8 children) • Approving final subdivision maps
Table 2 City of Angels Ministerial Projects
City of Angels CEQA Guidelines
16 fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway destroyed by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right-ofway of that highway and is initiated within one year of the damage occurring. “Highways” are defined as a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street (Vehicle Code Section 360). This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
e) Seismic work on highways and bridges per Streets and Highways Code Section 180.2.

5.1.4 Projects which are Disapproved (Section 15270)
CEQA review is not required if the City intends to reject or deny a Project [Guideline Sections (15061(b)(4) and 15270(b)].

5.1.5 Rates and Charges (Section 15273)
A. CEQA does not apply to establishing, modifying, structuring, re-structuring or approving rates or other charges by the City that are for the purpose of:
• Meeting operating expenses, including employee wage rates and fringe benefits • Purchasing or leasing supplies, equipment, or materials • Meeting financial reserve needs and requirements
• Obtaining funds for capital projects necessary to maintain service within existing service areas
B. Rate increases to fund capital projects for the expansion of a system remain subject to CEQA. If the City grants the rate increase, it shall act as the Lead Agency if no other agency has prepared environmental documents for the capital project. Alternatively, the City will act as a Responsible Agency if another agency has complied with CEQA as the Lead Agency (e.g., Caltrans). The City will otherwise comply with the requirements of CEQA Guidelines Section 15273.

City of Angels CEQA Guidelines
17 5.1.6 Family Day Care Homes (Section 15274)
• CEQA does not apply to the establishment or operation of a large family day care home (providing in-home care for up to 14 children) as defined in Health and Safety Code Section 1586.78.
• Small family day care homes (in-home care for up to 8 children)

5.1.7 Accessory Dwelling Units (Sections 15282, 21080.17) Adoption of an ordinance for second units in a single or multi-family residential zone required to implement Government Code Sections 65852.1 and 65852.2

5.1.8 Preparation and adoption of an Urban Water Management Plan (Section 15282) Preparation and adoption of an Urban Water Management Plan pursuant to California Water Code Section 10652.

5.1.9 Regional Housing Needs Assessment (RHNA) – Section 15283 Determinations regarding a city’s regional housing needs per Government Code Section 65584

5.1.10 Street Restriping (Section 21080.19)
Restriping streets to relieve traffic congestion.

5.1.11 Transportation, Pedestrian and Bicycle Plans (Section 21080.20) CEQA does not apply to an active transportation plan, a pedestrian plan or bicycle transportation plan for restriping streets or highways, bicycle parking and storage, signal timing, and related signage. An “active transportation plan” is one developed by a local jurisdiction promoting and encouraging people to choose walking, bicycling or rolling through the creation of safe, comfortable, connected and accessible walking, bicycling or rolling networks and encourages alternatives to single-occupancy vehicle trips. “Pedestrian plan” means a plan developed by a local jurisdiction establishing a comprehensive, coordinated approach to improving pedestrian infrastructure and safety.” Sunsets January 1, 2030. See code section for additional notification requirements for applying this exemption. See also below, Section

5.1.12. 5.1.12 Pipelines within a Public Right-of-Way Less than One Mile in Length (Section 21080.21)
Projects for the installation of a new pipeline or maintenance, repair, restoration, relocation, reconditioning, replacement, removal, or demolition of an existing pipeline that are:
• In a public street, highway, or other public right-of-way; and • Less than one mile in length.

City of Angels CEQA Guidelines
18 For purposes of this section, “pipeline” means subsurface facilities but does not include any surface facility related to the operation of the underground facility.

5.1.13 Pedestrian and Bicycle Facilities (Section 21080.25) • Pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way.
• Project improving customer information and wayfinding for transit riders, bicycles or pedestrians within the public right-of-way
• Maintenance, repair, relocation, replacement, or removal of any utility infrastructure associated with the preceding
Refer to Section 21080.25 for additional requirements (e.g., public agency must carry out the project and be the Lead Agency, project cannot require demolition of affordable housing). Additional requirements are applied for projects based on costs.

5.1.14 Minor Alterations to Utilities/Fluoridation (Section 21080.26) If the City is required to comply with Health and Safety Code Sections 4026.7, 4026.8, 116410 or 116415 related to fluoridation of a public water system, minor alterations to facilities undertaken to comply are CEQA exempt.

5.1.15 Acquisition, Sale or Land Transfer by a Public Agency for various purposes (Section 21080.28)
CEQA does not apply to acquisition, sale, or other transfer of interest in land by a public agency for any of the following:
• Preserving natural conditions existing at the time of transfer • Restoring natural conditions
• Preventing encroachment into floodplains
• Preserving historical resources
• Preserving open space or lands for park purposes
This exemption applies even if physical changes to the environment or changes to the use are reasonably foreseeable. See cited section for additional requirements.

5.1.16 Solar Energy System – Roofs, Parking Lots (Section 21080.35) CEQA does not apply to the installation of a solar energy system on a roof of an existing building or at an existing parking lot as defined in the Section. Associated equipment is included and must be located on the same parcel with minor exceptions and may not occupy more than 500 square feet. The exemption does not apply where plants protected by the Native Plant Protection Act occur (Fish and Game Code Chapter 10, Division 2, Section 1900 et seq)., if the project would require a Section 401 of 404 federal Clean Water Act permit, an individual incidental take permit for species protected under the federal Endangered Species Act or California Endangered Species Act, a streambed alteration agreement is required City of Angels CEQA Guidelines
19 pursuant to Section 1600 et seq of the Fish and Game Code, removal of a tree protected by local, state or federal requirements, or removal of a native tree older than 25 years.

5.1.17 Interim Motel Housing Project, Residential Hotel, Supportive Housing, Supportive Services, Transitional Housing (Section 21080.50)
CEQA does not apply to these uses as defined in the cited section. This provision sunsets January 1, 2025. Interim motel housing project means conversion of a structure with a certificate of occupancy such as a hotel or motel that does not result in the expansion of more than 10% of the floor area of any individual living unit or structure; and does not result in any significant effects related to traffic, noise, air quality, or water quality.

5.1.18 Linear Broadband in existing Right-of-Way (Section 21080.51) See cited section for limitations.

5.2 Article 12.5 Exemptions
This category of exemptions are unlikely to occur in the City of Angels:

A. Agricultural Employee Housing Section 21159.22
B. Low Income Housing Exemption - Section 21159.23, Guidelines Sections 15192, 15194 et seq
CEQA Guidelines 15191 through 15196 provide additional guidance.

Of these, the Low-Income Housing Exemption may be applicable to the City of Angels on relatively rare occasions due to the extensive criteria required:
• Environmental review was certified or adopted within 5 years of the date the application is deemed complete;
• Project must be less than 4 acres in size
• Qualifies as an infill site
• Located within ½ mile of a major transit stop
• Contains fewer than 100 units
• Promotes higher density infill housing
The referenced sections should be consulted for additional information.

City of Angels CEQA Guidelines
20 5.3 Categorical Exemptions
Categorical exemptions (Guideline Sections 15300 through 15333) are handled differently than statutory exemptions or Article 12.5 exemptions. As of 2023, Categorical Exemptions are made up of 33 categories (or “Classes”) of projects generally considered not to have potentially significant impacts on the environment.

Unlike Statutory Exemptions that are exempt from CEQA even if they have environmental impacts, Categorical Exemptions may not be used for projects that may cause a significant effect on the environment due to special circumstances.

A list of Activities Categorically Exempt from CEQA in the City are included, but not limited to, the activities in Attachment C, Table 4. These activities are not Categorically Exempt from CEQA if any of the provisions identified in Attachment C, Table 3 apply.

City of Angels CEQA Guidelines
21 33 Classes of Categorical Exemptions

1. Existing facilities 18. Designation of wilderness areas

2. Replacement or Reconstruction 19. Annexations of existing facilities and lots for exempt facilities

3. New construction or conversion of
small structures

20. Changes in organization of local
agencies

4. Minor alterations to land 21. Enforcement actions by regulatory agencies

5. Minor alterations in land use
limitations

22. Educational or training programs
with no physical changes

6. Information collection 23. Normal operations of facilities for public gatherings

7. Actions by regulatory agencies to
protect natural resources

24. Regulations of working conditions

8. Actions by regulatory agencies to
protect the environment

25. Transfer ownership to preserve
existing natural conditions and
historical resources

9. Inspections 26. Acquiring housing for housing
assistance programs

10. Loans 27. Leasing new facilities

11. Accessory structures 28. Small hydroelectric projects at existing facilities

12. Surplus government property sales 29. Cogeneration projects at existing facilities

13. Acquiring land for wildlife
conservation purposes

30. Minor actions to prevent, minimize,
stabilize, mitigate or eliminate
release or threat of release of
hazardous waste or substances

14. Minor additions to schools 31. Historical resource restoration or rehabilitation

15. Minor land divisions 32. In-fill development

16. Transfer land ownership for parks 33. Small habitat restoration projects

17. Open space contracts or easements
City of Angels CEQA Guidelines
22 5.4 Common Sense (General Rule) Guidelines Section 15061(b)(3) Former known as the General Rule, the Common-Sense Exemption states:

A Project is exempt from CEQA if the activity is covered by the Common-Sense Exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

This exemption is used for a wide variety of projects. It is often used for small-to-medium sized projects that do not clearly fit into one of the 33 Categorical Exemption Classes.

City projects that may be exempted pursuant to the
Common-Sense Exemption include:
➢ Adoption of state or federal rules or regulations by
reference
City of Angels CEQA Guidelines
23 5.5 Applicable Form for a CEQA Exemption: Notice of Exemption After determining that a Project is exempt pursuant to any of the preceding sections, the City may prepare a Notice of Exemption (NOE). The City will, to the maximum extent feasible, file a Notice of Exemption when it determines that a project is CEQA Exempt. This form will be posted at the office of the Calaveras County Clerk and online at CEQAnet (Office of Planning and Research) as soon as possible after Project approval. Attachment B includes a sample NOE.

Filing a Notice of Exemption starts a 35-day statute of limitations period on legal challenges to the City’s decision that the Project is CEQA Exempt. If a Notice of Exemption is not filed, a 180-day statute of limitations applies.

City of Angels CEQA Guidelines
24 6. Activities NOT Exempt from CEQA

6.1 Processing Projects Not Exempt from CEQA

6.1.1 Early CEQA Consultation
For those City undertakings that are:
a) Projects, and
b) Not CEQA Exempt, or
c) Cannot be determined to be Exempt or Not Exempt from CEQA; the City Planner will distribute a request for comments (i.e., Early CEQA Consultation, Advisory Agency notice) on the anticipated environmental effects of the proposed project to interested parties and agencies. This request for comments may be distributed in writing or electronically. The City is encouraged to maintain a list of interested agencies and parties.

The request for comments generally will include:
a) A project description
b) Request to identify potential impacts and/or possible mitigation measures or conditions of project approval,
c) Procedures (i.e., address, e-mail) for submitting comments, and d) A deadline for submitting comments.

The time allowed for responding to a request for comments shall be at the discretion of the City Planner, but generally should allow 10± working days for responses. The City Planner may, at his or her discretion, grant extensions to the response period upon the request of the responding party.

6.2 Initial Study
If a proposed project is not excluded or exempt from CEQA review, an Initial Study may be prepared to determine whether a Negative/Mitigated Negative Declaration or Environmental Impact Report is required. The City may proceed directly with preparing an EIR without first preparing an initial study where the City Planner determines that an EIR will clearly be required.

6.3 Negative Declaration/Mitigated Negative Declaration Negative Declarations/Mitigated Negative Declarations shall be prepared pursuant to State CEQA Guidelines Section 15070 through 15075.

The City Planner will prepare a Notice of Completion (NOC) in conjunction with submitting the Draft ND/MND to the State Clearinghouse for agency review. See Attachment B, Forms.

City of Angels CEQA Guidelines
25 In conjunction with submitting the Draft ND/MND to the State Clearinghouse, the City Planner will make the public aware of the document’s availability as follows:

6.3.1 Public Notice and Review of Draft Negative Declaration/Mitigated Negative Declaration
Public notice of the availability of the Draft ND/MND shall be:
a) Published in a local newspaper of general circulation at least once (Notice of Intent to Adopt a Negative Declaration/Mitigated Negative Declaration) - See Attachment B, Forms.
b) Posted at City Hall
c) Posted on the City’s website

6.3.2 Adoption/Certification of Negative Declaration/Mitigated Negative Declaration The Planning Commission or City Council shall, by public hearing, consider adoption and certification of a Negative Declaration/Mitigated Negative Declaration for private development projects pursuant to Section 2.4.

6.3.2 Filing Notice of Determination
The City Planner shall cause to be filed a Notice of Determination (NOD) within five working days of certification of a Negative Declaration/Mitigated Negative Declaration (See Attachment B, Forms).

6.4 Environmental Impact Reports (EIRs)
EIRs shall be prepared in accordance with State CEQA Guidelines Sections 15081 -15132.

Specific guidelines include:

6.4.1 Public Notice of Availability Draft EIR/Access to Draft EIR Public notice of the availability of the Draft EIR shall be:
a) published in a local newspaper of general circulation at least once, b) posted in the office of the Calaveras Clerk for a period of at least 30 days c) Posted at City Hall
d) Posted on the City’s website
At least one hard copy Draft EIR shall be made available to the public at City Hall.

Alternatively, the City may provide an electronic copy to a local copy company and refer members of the public seeking hard copies to pay for and obtain copies from the commercial City of Angels CEQA Guidelines
26 outlet. A hard copy of the document should be provided to the City of Angels Main Branch Library, if feasible.

6.4.2 Gathering Public Input on Draft EIR (State CEQA Guidelines Section 15087) Public notice shall be provided in accordance with State CEQA Guidelines 15087.

The City Planner may, but is not required to, hold a public hearing to consider the Draft EIR [CEQA Guidelines Section 15087(i)]. The City Planner, based on the nature of the project, may accept written or e-mailed comments only, hold an open house format meeting, or other alternatives to a public hearing as may be deemed appropriate by the City Planner.

6.4.3 Adoption/Certification of Final EIR
The Planning Commission shall, by public hearing, consider and recommend to the City Council certifying or not certifying a final EIR. The City Council shall, by public hearing, consider adoption and certification of a Final EIR.

6.4.4 Filing Notice of Determination
The City Planner shall cause to be filed a Notice of Determination (NOD) within five working days of certification of an Environmental Impact Report (See Attachment B, Forms).

City of Angels CEQA Guidelines
27 Attachment A: CEQA FLOW CHART
Is it a
“Project”?
Yes No CEQA Complete
Is it CEQA Exempt?
➢ Statutory
➢ Categorical
➢ Common Sense
➢ Article 12.5
Yes File Notice of
Exemption
CEQA Complete
No
Prepare an Initial
Study
All Impacts Can
be Mitigated to
Less Than
Significant
All Impacts
CANNOT be
Mitigated to Less
Than Significant
Prepare
Draft Mitigated
Negative Declaration
Prepare
Draft Environmental
Impact Report
Get Public and Agency Input
Prepare Final/Public Hearing
Negative Declaration
Hold Public Hearing
If certified, File Notice of Determination
Get Public and Agency Input
Prepare Final/Public Hearing
Environmental Impact Report
Hold Public Hearing
If certified, File Notice of Determination
28 Attachment B: TYPES OF CEQA FORMS AND WHEN TO FILE THEM 29 CEQA Form When to File Where to Post or File it /a/ CDFW Fee Form Template Available at
Notice of
Exemption
(NOE)
After approving a
project that is
CEQA Exempt
Calaveras County Clerk /a/ Waived for public agencies
All others, see:
https://wildlife.ca.gov/Conservatio
n/CEQA/Fees
CEQA Handbook or online at
https://opr.ca.gov/sch/docume
nt-submission.html
Notice of
Completion
(NOC)
After completing
a:

Draft Negative
Declaration, or
Draft Mitigated
Negative
Declaration, or
Draft EIR
Governor’s Office of Planning and
Research (aka State
Clearinghouse) – generally used a
“cover sheet” to transmit the
document to the Clearinghouse
City Hall/Community Development
City website

N/A N/A
Notice of Intent
(NOI) to adopt
Guidelines
15072, 15073
After completing
a:

Draft Negative
Declaration, or
Draft Mitigated
Negative
Declaration, or
Draft EIR
Publish in a newspaper of general
circulation
City Hall/Community Development
City website

N/A N/A
Notice of
Determination
(NOD)
Guidelines,
15075
Within 5 workings
days of certifying
and approving a:

Final Negative
Declaration, or
Final Mitigated
Negative
Calaveras County Clerk /a/
Governor’s Office of Planning and
Research (aka State
Clearinghouse)
City Hall/Community Development
Required – See:
https://wildlife.ca.gov/Conservatio
n/CEQA/Fees
CEQA Handbook or online at
https://opr.ca.gov/sch/docume
nt-submission.html
City of Angels CEQA Guidelines
30 Declaration with
Mitigation
Monitoring and
Reporting
Program, or
Final EIR
City website
/a/ A copy of the CDFW receipt should be included with submittals to the State Clearinghouse and is obtained from the Calaveras County Clerk/Recorder.

City of Angels CEQA Guidelines
31 Attachment C: CEQA CATEGORICALLY EXEMPT PROJECTS
C1. EXCEPTIONS to Categorical Exemptions (CEQA Guidelines Section 15300.2):

The following table identifies projects that typically qualify as Categorical Exempt from CEQA. Projects are not Categorically Exempt if any of the following apply:

Table 3: Exceptions to Categorical Exemptions
A. Exception to Categorical Exemptions (All Projects) Applicability to Cumulative Impact. All exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant.

Cumulative impacts that may occur within the boundaries could be associated with such environmental factors as: traffic, health and safety (wildland fire)
Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Unusual circumstances typically encountered include the presence of a listed endangered species or significant
archaeological resource.

Scenic Highway. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources within a highway officially designated as a state scenic highway.

SR 49 and Portions of SR 4 through and around Angels Camp are eligible for designation as a scenic highway, but are not officially designated as of March 1, 2023 /a/
Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Government Code Section 65962.5.

As of March 31, 2023; Envirostor identifies two sites (Brown Mine – 1259 Summit and land use restrictions related to clean up that occurred behind the Angels Town Center at 260 S.

Main). Prior actions involving primarily gas stations and underground storage tanks have been cleaned up with cases closed.

Historical Resources. A categorical exemption shall not be used for a project which may cause substantial adverse change in the significance of a historical resource.

Historical resources in the include, but are not limited to:
• Structures 50 years of age or older
City of Angels CEQA Guidelines
32 • Tribal Cultural resources
B. Exceptions to Categorical Exemptions – Classes 3, 4, 5, 6, 11 Project Location. Categorical Exemption Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located. A project that is ordinarily insignificant in its impact on the environment may have significant impacts on the
environment in particularly sensitive areas (e.g., those designated, precisely mapped and officially adopted pursuant to local, state, or federal law).

Examples of sensitive locations when Categorical Exemptions normally may not apply automatically:
a) Sensitive habitats or where special status species are present (and may be mapped on the California Natural
Diversity Database, California Native Plant Society
Special Plant List, United State Fish and Wildlife
Species List or similar list)
b) Creeks, wetlands, or vegetation associated with those habitats
/a/ https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways City of Angels CEQA Guidelines
33 C2. City Projects Categorically Exempt from CEQA
Per Guidelines Section 15300.4, each public agency shall, in the course of establishing its own procedures, list those specific activities which fall within each of the exempt classes, subject to the qualification that these lists must be consistent with both the letter and intent expressed in the classes. Public agencies may omit from their implementing procedures classes and examples that do not apply to their activities, but they may not require EIRs for projects described in the classes and examples in this article except under the provisions of Section 15300.2 (see preceding). Projects in the City of Angels Categorically Exempt from CEQA, subject to the restrictions in Table 3, include, but are not limited to:

Table 4: Projects Typically Categorically Exempt from CEQA In the City of Angels Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
Class 1: Existing Facilities
Class 2: Replacement or Reconstruction of Existing Facilities Repair, Replace, Maintain Existing Structures.

General repairs, replacement, and maintenance of existing facilities with negligible or no expansion
Section 15301, Class1
Section 15302, Class 2
Table 3A
Existing streets, parking lots.

Resurfacing, patching, re-striping streets and parking lots Section 15301, Class 1 Table 3A
Subject to encroachment
permit from City where
applicable
Existing Drainage Facilities. Replacing existing drainage facilities Section 15301, Class1 Table 3A Subject to encroachment
permit from City where
applicable
Existing Lights. Replacing light standards and fixtures excluding extensive replacement throughout the historic district
Section 15301, Class1 Table 3A
Existing Signs. Changing copy on existing signs Section 15301, Class 1 Table 3A Subject to compliance with
City sign ordinance
City of Angels CEQA Guidelines
34 Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
Administrative conditional use permits in existing buildings Section 15301, Class1 Table 3A Administrative site plan reviews in existing buildings Section 15301, Class1 Table 3A Replacing Existing Infrastructure (Water, Stormwater, Sewer) with or without Minor Size Increases.

Replacing utility lines and equipment in existing locations without expanding capacity. Generally, replacements will not involve an increase in structure size (i.e., no increase in pipe size). However, the following size increases are covered by this exemption:

1. Sewer line sizes may be increased solely for the purpose of carrying stormwater runoff to prevent flooding in the
immediate area under this exemption

2. Water mains also may be increased where it is necessary to bring old mains up to current minimum standards to serve existing development or provide adequate capacity for fire protection for the development.

3. Short extensions of water mains for the purpose of
eliminating dead-end mains to improve circulation and water quality for existing development.

Section 15302, Class 2 Table 3A
City of Angels CEQA Guidelines
35 Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
Transportation/Non-Motorized Transportation. Existing streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes) Section 15301, Class1 Table 3A
Family Day Care. Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.

Section 15301, Class1 Table 3A
Class 3: New Construction or Conversion of Small Structures Second dwellings. Second dwelling unit in a residential zone where the use is permitted
Section 15303, Class 3 Table 3A and 3B
New Minor Structures. Installing minor accessory structures and facilities including storage sheds, rest stops, restrooms, workrooms, shade structures, site furniture, security lighting, playground equipment
Section 15303, Class 3 Table 3A and 3B
Small New Public/Emergency Facilities. Construction and operation of small public/emergency service facilities including law enforcement/emergency service communication towers, power generators, and buildings of less than 5,000 square feet on slopes of less than 20% involving less than 2,000 cubic yards of grading or excavation
Section 15303, Class 3 Table 3A and 3B
City Building permit
Fencing. Installing fencing (e.g., security fencing, fencing 8 feet or less in height)
Section 15303, Class 3 Table 3A and 3B
City of Angels CEQA Guidelines
36 Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
Retaining Walls. Installing retaining walls of less than 4 feet high Section 15303, Class 3 Table 3A and 3B Class 4: Minor Alterations to Land
Boundary line adjustments, mergers, resubdivisions in
compliance with Title 16 and the State Subdivision Map Act Section 15304, Class 4 Table 3A and 3B
Grading permits involving less than _____ cubic yards of dirt Section 15304, Class 4 Table 3A and 3B Residential encroachment permit for a single-family residence Section 15304, Class 4 Table 3A and 3B Erosion Control. Erosion control involving minimal earth disturbing activities and including installation of bioswales provided the footprint of the area disturbed is not expanded and the amount of sediment to be delivered from the site will not increase.

Section 15304, Class 4 Table 3A and 3B
Landscaping. Maintaining and installing landscaping involving minimal earth disturbing activities and including irrigation systems associated with landscaping. This exemption includes replacing existing conventional landscaping with water-efficient or fire-resistant landscaping
Section 15304, Class 4 Table 3A and 3B
Tree Removal. Removing dead, seriously damaged, and incurably diseased trees
Section 15304, Class 4 Table 3A and 3B
Fire Fuel Management. Fuel (vegetation) management within 30 feet of structures in compliance with Public Resources Code 4291 to reduce the volume of flammable vegetation and within 100 feet of structures where the Fire has determined that such clearance is required due to hazardous fire conditions.

Section 15304, Class 4 Table 3A and 3B
City of Angels CEQA Guidelines
37 Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
Vegetation/Rodents/Pests. Controlling vegetation, rodents, and pests in accordance with state and federal regulations
Section 15304, Class 4 Table 3A and 3B
New Trails. Non-motorized riding, biking, and hiking trails within existing property boundaries, rights-of-way, within existing road facilities. Such trails normally would be parallel to existing roadways.

Section 15304, Class 4 Table 3A and 3B
Subject to encroachment
permit from City where
applicable
Minor Soil Disturbances. Minor trenching, and backfilling Section 15304, Class 4 Table 3A and 3B Subject to issuance of a
grading permit from City, if
applicable
CLASS 11: Accessory Structures
Accessory Structures to Improve Water Quality. Includes installing tanks, bins, and other accessory structures within the property lines of existing facilities where such structures are used to improve the quality of service without increasing capacity.

Section 15303, Class 11 Table 3A and 3B
New Parking Lots. Creating small new parking lots for less than 20 spaces outside of the historic district
Section 15311, Class 11 Table 3A and 3B
Seasonal/Temporary Uses. Placing seasonal or temporary use items including, but not limited to: mobile food units, portable restrooms or similar items generally in the same locations from time to time on land designated for public use.

Section 15311, Class 11 Table 3A and 3B
Subject to encroachment
permit from City where
necessary
New Signs. New public information signs for existing industrial, commercial, or institutional facilities.

Section 15311, Class 11 Table 3A and 3B
City of Angels CEQA Guidelines
38 Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
Subject to compliance with
City sign ordinance
Class 12: Surplus Government Property Sales
Property Sales. Sales of surplus land (See Section 15312 for exceptions)
Section 15312, Class 12 Table 3A
Class 15 Minor Land Divisions
Parcel maps (4 or fewer lots). Land division consisting of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.

Section 15315, Class 15 Table 3A
Class 16: Transfer of Land Ownership to Create Parks
Park Lands. Acquisition, sale or transfer of land to establish a park where the land is in natural condition or contains historical or archaeological resources where either no management plan has been prepared or the plan proposes to keep the area in natural condition and will preserve the historical or archaeological resources.

CEQA does apply when a management plan is proposed and will change the area from a natural condition or result in substantial adverse changes to the historical or archaeological resources.

Section 15316, Class 16 Table 3A
Class 19: Annexation of Existing Facilities and Lots for Exempt Facilities City of Angels CEQA Guidelines
39 Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
Annexations. Annexations to the City of areas:
a) Containing existing public or private structures developed to a density allowed by zoning if extension of utility services to the existing facilities includes capacity to serve only the existing facilities.
b) Individual small parcels of the minimum size necessary to accommodate facilities exempted pursuant to Categorical Exemption 15303, Class 3 (New Construction or Conversion of Small Structures)
Section 15319, Class 19 Table 3A
Class 23: Normal Operations of Facilities for Public Gatherings Special Events, Public Gatherings, Parades. Special events, and special events approved by the City for 50 or more persons (Special Events Permit) on public property including, but not limited to:

Youth “Frog Jump” Parade, Christmas Parade, Homecoming Parade Events associated with the Frog Jump including Junior Frog Jump, Fireman’s pancake breakfast
Special events held by non-profit groups at city parks (Utica Park, Gateway Park, Tryon Park)
Section 15323, Class 23 Table 3A
Class 27: Leasing New Facilities
Leasing New Facilities. Leasing new or previously unoccupied privately owned facilities. Includes, but not limited to, leasing Section 15327, Class 27 Table 3A
City of Angels CEQA Guidelines
40 Projects Categorically Exempt from CEQA Applicable CEQA Section
Restrictions
administrative offices in newly constructed office space; leasing client service offices in newly constructed retail space, leasing administrative or client service offices in newly constructed industrial parks.

Class 31: Historical Resources Restoration/Rehabilitation Historical Resource Restoration Rehabilitation consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings
Section 15331, Class 31 Table 3A
Class 32: Infill Development
Infill – Projects on less than 5 acres, surrounded substantially by urban uses, no special status plant and animal species, no significant effects related to traffic, noise, air or water quality, can be served by required utilities, consistent with general plan and zoning Section 15332, Class 32 Table 3A

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Amend Chapter 17.42/Special Planning - 1
DATE: May 2, 2023
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: ORDINANCE 530 amending Chapter 17.42 (Special Planning) to establish permitted uses in that zone.

RECOMMENDATION
Introduce Ordinance 530, waive the first reading, hold a public hearing and set a second public hearing for May 16, 2023, to: Approve Ordinance 530 amending Chapter 17.42 (Special Planning) to establish permitted uses in that zone.

BACKGROUND
Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment or zone change may be initiated by a resolution of intention of the Planning Commission. On April 13, 2023, the Planning Commission held a public hearing and approved Resolution of Intent 23-004 recommending to the City Council adoption of the changes included herein.

General Plan 2020 designated numerous parcels as Special Planning (SP) throughout the City. To implement development on those parcels, a Special Planning (SP) Zoning District was established and adopted by the City in 2021.

The zoning district requires adoption of a master plan (Specific Plan) for development through the use of a development agreement.

In conjunction with the city-wide rezoning and meetings involving lands proposed for SP zoning per General Plan 2020, landowners requested the addition of uses for their parcels that may be permitted until a master planned development is pursued. Because many of these parcels include large vacant acreage currently used for cattle grazing, landowners requested the ability to allow large animal keeping as a continuing use and to allow a single-family residence. For semideveloped parcels, a request to allow ongoing use of commercial structures also was included. The following amendment addresses these requests.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A/B: The proposal conforms with the City's General Plan and Municipal Code General Plan Implementation Program 1.A.e calls for establishing the Special Planning land use designation and adopting accompanying standards.

1.A.e Maintain a Special Planning General Plan Land Use Designation and Establish Standards for and Require Specific Plans
8C
Amend Chapter 17.42/Special Planning - 2
Adopt standards and guidelines for the contents of specific plans consistent with California Government Code Section 65450 et seq. for lands designated as Special Planning (SP) on the General Plan 2020 Land Use Map that are more than 20 acres in size…

The proposed code amendment will provide standards for ongoing implementation of this program in compliance with the General Plan. Based on the preceding, the proposed amendment conforms with the General Plan.

Per Angels Municipal Code 17.42.010, the purposes of the SP zoning district are:
… intended to allow flexible, creative, and integrated design on sites with unique or unusual characteristics due to location (e.g., high visibility from highways or collectors), topography, or environmental factors. It is also suitable for sites where multiple alternative land uses may be appropriate.

On parcels twenty acres or greater in size, it is further intended to encourage integrated land uses and consistent design over multiple adjoining parcels, generally under single ownership in compliance with Government Code Sections 65450 through 65457 governing specific plans.

Therefore, on parcels twenty acres and less, special planning will be a combining district; and on a parcel or parcels more than twenty acres, special planning will be the primary zoning district.

This district is intended to implement the special planning land use designation of the city of Angels general plan. (Ord. 507 §2, 2021)
The proposed code amendment would allow for ongoing uses to continue until a master plan is adopted. The proposed interim uses allow for:

A. Cattle, large-animal grazing. This allows for income generation while reducing fire hazard and encourages ongoing property maintenance.

B. Residential use. This allows for occupation of the site allowing for families to use the properties while providing a presence on site discouraging vandalism and providing added site security (both on an interim basis, during development pursuant to a master plan, and for ongoing site security after implementation of a master plan).

C. Ongoing uses in existing buildings. This allows for ongoing income generation to assist in funding future mixed developments, encourages ongoing property maintenance, and discourages deterioration of existing buildings until a master plan is adopted and implemented.

As illustrated, the proposed permitted uses will preserve SP zoned parcels for future mixed uses. While allowing for ongoing use and income production from parcels, the proposed code amendment will allow permitted uses that preserve most open areas for future mixed developments. Therefore, the proposed amendments are consistent with the established purposes of the SP zoning district.

In addition, at the public hearing, one landowner requested some clarification in the code relative to when the master plan is required. These changes also are included.

Amend Chapter 17.42/Special Planning - 3
Finding C: The proposed changes are not detrimental to the health, safety, peace, morals and general welfare of the city and its people.

The proposed addition of permitted uses will recognize existing uses as interim uses on existing parcels. Therefore, the proposed changes will not alter land uses, but rather provides a mechanism (zoning) for implementing the general plan and zoning district on an interim basis. Therefore, this finding can be made.

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendment is exempt from further review, because the proposed amendment implements a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

FISCAL IMPACT
None anticipated.

ATTACHMENTS:

A. Planning Commission Resolution of Intent 23-004 with Proposed Changes to Chapter 17.42 (redline) B. City Council Ordinance 530 to amend Chapter 17.42 with proposed changes (clean)

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-004

A RESOLUTION OF INTENT OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL AMENDING CHAPTER 17.42 ADDING PERMITTED

USES TO THE SPECIAL PLANNING ZONING DITRICT
WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is necessary from time to time to amend the municipal code to reflect the needs of landowners; and
WHEREAS, a notice of public hearing for the proposed action was published March 30, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 13, 2023, and received public input on the proposed revisions to the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendment implements a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan; NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council Amending Chapter 17.42 adding permitted uses to the Special Planning Zoning District pursuant to Exhibit A and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on April 13 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 13th day of April, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Caytlyn Schraner, Planning Commission Secretary
Chapter 17.42
SPECIAL PLANNING DISTRICT (SP AND :SP)
Sections:

17.42.010 Purpose and intent.

17.42.015 Permitted uses.

17.42.020 Development agreement required.

17.42.030 :SP conformance with principal zoning district--Parcels twenty acres and less.

17.42.040 Specific plan required for a parcel or parcels greater than twenty acres.

17.42.050 Relationship to planned developments (PD).

17.42.060 Minimum design standards.

17.42.010 Purpose and intent.

The special planning district may be used alone as a primary zoning district (SP), or as a combining district (:SP) for single or mixed-use developments.

The special planning district is intended to allow flexible, creative, and integrated design on sites with unique or unusual characteristics due to location (e.g., high visibility from highways or collectors), topography, or environmental factors. It is also suitable for sites where multiple alternative land uses may be appropriate.

Therefore, on parcels, or adjoining parcels, twenty acres and less, special planning will be a combining district; and on a parcel or parcels more than twenty acres, special planning will be the primary zoning district.

This district is intended to implement the special planning land use designation of the city of Angels general plan. (Ord. 507 §2, 2021)

17.42.015 Permitted uses.

The following are permitted uses in the SP zoning district. These uses are intended to be interim uses until a specific plan is adopted and implemented for the property(ies). Residential uses will normally be incorporated into the overall specific plan.

A. Single-family residence
B. Small animal keeping
C. Large animal keeping
D. Ongoing or new uses of existing buildings in accordance with Chapters 17.73 or 17.74, as applicable, where the use is compatible with adjacent uses.

17.42.020 Development agreement required.

Except as provided in Section 17.42.015, Tthere are no uses permitted outright in the SP or :SP zones. All uses undertaken in the SP or :SP zoning district shall require a development agreement duly processed and approved or conditionally approved in accordance with the provisions of this title set forth in Section 17.85.100(E). A development agreement shall serve as the special planning permit for entitlements issued in this district. (Ord. 507 §2, 2021)

17.42.030 :SP conformance with principal zoning district--Parcels twenty acres and less.

As per Section 17.42.010:

The permitted uses, conditional uses, and uses requiring a site plan review in the special planning combining district (:SP) shall be identical to the uses, allowable densities, and regulations of the principal zoning district with which the special planning combining district is combined except insofar as such regulations are modified or supplemented by the terms and conditions of the development agreement additionally required in this zone.

The terms and conditions of the development agreement in the special planning combining district may be more or less restrictive than those specified elsewhere in the code, including, but not limited to, the following:

A. Density bonuses allowed pursuant to Section 17.06.190 (Density bonuses); B. Development incentives provided in Section 17.06.190 (Density bonuses); C. Height limitations on buildings and structures;
D. Floor area ratio/percentage of coverage of land by structures; E. Parking requirements;
F. The location, width, and improvements of on-site vehicular and pedestrian facilities and their related access to various portions of the property; G. Planting and maintenance of trees, shrubs and plants in accordance with a landscaping plan;
H. Fencing, wall and lighting constructed in accordance with approved designs; I. Limits on size, design, number, lighting and location of signs and advertising structures; J. Architectural design structures;
K. Parcel size;
L. Parcel configuration;
M. Width of road or utility easements;
N. Project phasing;
O. Performance bonds or other guarantees to ensure development as approved, when required by the city council. (Ord. 507 §2, 2021)

17.42.040 Specific plan required for a parcel or parcels greater than twenty acres.

As per Section 17.42.010:

A. Specific Plan Required. A specific plan (comprehensive development plan) is required for a parcel or parcels totaling more than twenty acres designated as special planning on the general plan land use map. Special planning shall serve as the primary zoning district on these parcels.

The comprehensive development plan shall be equivalent to a specific plan as set forth in Government Code Section 65450 et seq., governing specific plans and summarized in subsection C of this section.

B. Processing. Application and processing requirements shall be established by city council resolution. In the absence of established application and processing requirements, those governing development agreements shall be implemented as set forth in Section 17.85.100(E) as may be modified by Government Code Sections 65450 through 65457.

Application submittals shall include those required pursuant to Government Code Section 65450 et seq., except that the city planner has the discretion to modify the requirements as may be necessary to reflect the unique circumstances of a particular development or to reflect changes in state law.

Prior to any consideration of the specific plan by the city council, the planning commission shall review the specific plan, hold one or more public hearings concerning the specific plan and provide recommendation(s) to the city council. The city council shall hold one or more public hearings prior to taking final action on the application.

If approved, the specific plan shall be adopted as a development agreement. If adopted, the specific plan will henceforth guide development and control of land uses on the site.

C. Specific Plan Contents.

1. Specific plans prepared pursuant to this chapter generally shall include a text and a diagram or diagrams which specify all the following in detail:
a. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.
b. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
c. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. d. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (C)(1)(a), (b), and (c) of this section.

2. The specific plan shall include a statement of the relationship of the specific plan to the general plan.

3. The specific plan may address other subjects which in the judgment of the city are necessary or desirable for general plan implementation. (Ord. 507 §2, 2021)

17.42.050 Relationship to planned developments (PD).

The special planning combining district (:SP) is intended to replace the planned development combining district (:PD). All approved planned developments and planned development permits shall remain in effect as adopted and as may be amended, except that they shall be called special plans. (Ord. 507 §2, 2021)

17.42.060 Minimum design standards.

A. Projects greater than twenty acres in size:

1. Shall be governed by standards established in the specific plan.

2. Shall provide a minimum of thirty percent open spaces (including landscaping, recreational uses without buildings and natural areas).

3. For parcels adjoining or visible from highways, arterials or collectors, project design shall accommodate the provision of street trees.

B. Projects twenty acres or less in size:

1. Shall be governed by the primary zoning district. In the absence of a primary zoning district other than SP, land use density and intensity of use shall be per the land use designation(s) most like the use or uses proposed on the site.

2. Shall provide a minimum of twenty-five percent open spaces (including landscaping, recreational uses without buildings and natural areas).

3. For parcels adjoining or visible from highways, arterials or collectors, project design shall accommodate the provision of street trees. (Ord. 507 §2, 2021)

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 530
AN ORDINANCE ADDING PERMITTED USES TO CHAPTER 17.42 (SPECIAL PLANNING) THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Chapter 17.42, is hereby amended as shown in Attachment A.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Mayor
ATTEST:

Rose Beristianos
City Clerk

HOME OF THE JUMPING FROG
Chapter 17.42
SPECIAL PLANNING DISTRICT (SP AND :SP)
Sections:

17.42.010 Purpose and intent.

17.42.015 Permitted uses.

17.42.020 Development agreement required.

17.42.030 :SP conformance with principal zoning district--Parcels twenty acres and less.

17.42.040 Specific plan required for a parcel or parcels greater than twenty acres.

17.42.050 Relationship to planned developments (PD).

17.42.060 Minimum design standards.

17.42.010 Purpose and intent.

The special planning district may be used alone as a primary zoning district (SP), or as a combining district (:SP) for single or mixed-use developments.

This district is intended to implement the special planning land use designation of the city of Angels general plan. (Ord. 507 §2, 2021)

17.42.015 Permitted uses.

17.42.020 Development agreement required.

Except as provided in Section 17.42.015, there are no uses permitted outright in the SP or :SP zones. All uses undertaken in the SP or :SP zoning district shall require a development agreement duly processed and approved or conditionally approved in accordance with the provisions of this title set forth in Section 17.85.100(E). A development agreement shall serve as the special planning permit for entitlements issued in this district. (Ord. 507 §2, 2021)

17.42.030 :SP conformance with principal zoning district--Parcels twenty acres and less.

As per Section 17.42.010:

17.42.040 Specific plan required for a parcel or parcels greater than twenty acres.

As per Section 17.42.010:

If approved, the specific plan shall be adopted as a development agreement. If adopted, the specific plan will henceforth guide development and control of land uses on the site.

C. Specific Plan Contents.

2. The specific plan shall include a statement of the relationship of the specific plan to the general plan.

3. The specific plan may address other subjects which in the judgment of the city are necessary or desirable for general plan implementation. (Ord. 507 §2, 2021)

17.42.050 Relationship to planned developments (PD).

17.42.060 Minimum design standards.

A. Projects greater than twenty acres in size:

1. Shall be governed by standards established in the specific plan.

2. Shall provide a minimum of thirty percent open spaces (including landscaping, recreational uses without buildings and natural areas).

3. For parcels adjoining or visible from highways, arterials or collectors, project design shall accommodate the provision of street trees.

B. Projects twenty acres or less in size:

2. Shall provide a minimum of twenty-five percent open spaces (including landscaping, recreational uses without buildings and natural areas).

3. For parcels adjoining or visible from highways, arterials or collectors, project design shall accommodate the provision of street trees. (Ord. 507 §2, 2021)

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.85 Amendment – Planning Commission Procedures Page - 1 DATE: May 2, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Ordinance 531 amending Chapter 17.85 (Planning Commission Procedures) relative to agenda content

RECOMMENDATION
Introduce, waive the first reading, and set May 16, 2023, for a second reading to adopt ordinance 531 amending Chapter 17.85 of the City of Angels Municipal Code relative to Planning Commission agenda content.

BACKGROUND
Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment or zone change may be initiated by a resolution of intention of the Planning Commission. On April 13, 2023, the Planning Commission held a public hearing and approved Resolution of Intent 23-005 recommending to the City Council adoption of the changes included herein.

To assist the Planning Commission in maintaining consistency with the Angels Camp Strategic Plan recently adopted by the City Council, staff is recommending an amendment to the Planning Commission Procedures relative to Planning Commission agenda content.

Specifically, as necessary to focus city activities on the planning priorities identified in the Angels Camp Strategic Plan, staff is recommending that Commission Reports and Staff Reports be removed as regular agenda items from the Planning Commission agenda to increase consistency with City Council objectives and minimize public discussions of planning items that may be:

A. Inconsistent with the planning priorities established in the Angels Camp Strategic Plan B. Inconsistent with the Planning Commissioner’s duties to “conduct studies and report on matters referred for action by the city council (emphasis added)” (AMC Section 17.85.020 D) C. Viewed by the public as initiating planning activities rather than acting on matters referred by the city council.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code 8D

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.85 Amendment – Planning Commission Procedures Page - 2 General Plan 2020 references the Planning Commission 37± times. Many of these references relate to the Planning Commission’s role in assisting the City Council in implementing various programs, including, but not limited to various Housing and Land Use Programs as follows:

1.A.d Establish Criteria for General Plan Amendments In reviewing an application to amend the General Plan 2020 Land Use Map, the Angels Camp Planning Commission and City Council shall consider the overall consistency of the proposal with the goals, objectives and policies of the general plan including, but not limited to…

2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan.

With the adoption of the Strategic Plan based on General Plan 2020; the timing for implementation of these programs has been established and direction will be provided to the Planning Commission by the City Council.

Therefore, the proposed changes, intended to facilitate implementation of the Strategic Plan (based on the general plan) are consistent with the proposed changes.

Finding B: The proposed changes are not detrimental to the health, safety, peace, morals and general welfare of the city and its people.

The proposed changes will not alter land uses, but are of a clerical nature.

The purpose of the change is, in part, to conform with Section17.85.020(D) of the AMC to ensure that planning commissioner activities are directed, where necessary, by the City Council.

Based on the preceding, this finding can be made.

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendments are exempt from further review pursuant to Section 15061(b)(3), the Common Sense Rule, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed changes will not alter land uses or create any physical change to the environment, but rather provide clerical changes related to the Planning Commission’s agenda. Therefore, it can be seen with certainty that the project will not result in any significant effect on the environment and the project is CEQA exempt.

ATTACHMENT
A. Planning Commission Resolution of Intent 23-005 with Proposed Changes to Chapter 17.85 (Exhibit A) B. City Council Ordinance 531 with proposed Changes to Chapter 17.85

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-005

A RESOLUTION OF INTENT OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL AMENDING CHAPTER 17.85 AMENDING PLANNING

COMMISSION PROCEDURES RELATIVE TO AGENDA CONTENT
WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is necessary from time to time to amend the municipal code to reflect the Commission’s procedures; and
WHEREAS, a notice of public hearing for the proposed action was published March 30, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 13, 2023, and received public input on the proposed revisions to the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendment implements a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan; NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council Amending Chapter 17.85 amending Planning Commission procedures relative to agenda content pursuant to Exhibit A and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on April 13 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 13th day of April, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Caytlyn Schraner, Planning Commission Secretary

17.85.070 Agenda.

A. The agenda shall show the order of business of each regular meeting substantially as follows; however, individual items may be added, removed or rearranged at the discretion of the City Planner:

1. Call to order, roll call;

2. Approval of minutes;

3. Matters of the public not on the agenda (discussion only, no action);

4. Approval of the agenda;

5. Public comment;

6. Public hearings;

7. Planning commission business – action items;

8. Commission reports;

9. Staff reports;

10. Adjournment.

11. This statement shall appear at the bottom of each agenda: "Planning commission decisions can be appealed to the City Council. Appeal must be filed with the City Clerk’s office (City Hall) with the appropriate fee within 10 calendar days of the hearing. For more information contact the Planning Commission secretary at (209) 736-1346 or [email protected]."

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 531
AN ORDINANCE AMENDING CHAPTER 17.85 (PLANNING COMMISSION PROCEDURES) OF THE CITY

OF ANGELS MUNICIPAL CODE RELATIVE TO AGENDA CONTENT
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Chapter 17.85, is hereby amended as shown in Attachment A.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Mayor
ATTEST:

Rose Beristianos
City Clerk

HOME OF THE JUMPING FROG

17.85.070 Agenda.

A. The agenda shall show the order of business of each regular meeting substantially as follows; however, individual items may be added, removed or rearranged at the discretion of the City Planner:

1. Call to order, roll call;

2. Approval of minutes;

3. Matters of the public not on the agenda (discussion only, no action);

4. Approval of the agenda;

5. Public comment;

6. Public hearings;

7. Planning commission business – action items;

8. Commission reports;

9. Staff reports;

10. Adjournment.

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 DATE: May 2, 2023
TO: City Council
FROM: Amy Augustine, AICP - City Planner
RE: Resolution 23-44 Authorizing the Purchase of APN 60-006-009 and authorizing the City Administrator to sign, authorize and have recorded all relevant documents and agreements

RECOMMENDATION
Approve Resolution 23-44.

BACKGROUND
The subject property is identified in Figure 1. It totals 0.22± acre and adjoins Utica Park to the south. 8E

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 The property has been identified as necessary to expand the access road to Utica Park and to provide additional parking.

A Phase 1 environmental hazard assessment was prepared for the parcel and did not identify hazards that would preclude its use. A commercial appraisal was conducted on the parcel by a Certified General (AG) appraiser.

At its April 18, 2023 meeting, the City Council, in closed session, discussed the item, heard the preliminary Phase 1 findings and appraisal and directed staff to make an offer on the subject property based on the documentation. The seller accepted the City Council’s offer of $250,000. It is anticipated that up to $20,000 in contracting, taxes and escrow costs, will be required to complete the transaction.

The site carries a general plan land use designation of Historical Commercial and is zoned Historical Commercial.

FISCAL IMPACT
Acquisition will be funded from the general fund. Property cost: $250,000 purchase plus estimated contracting, taxes, and escrow fees of $20,000± for a total of $270,000±.

ATTACHMENT:

A. Resolution 23-44
RESOLUTION NO. 23-44
A RESOLUTION APPROVING THE PURCHASE OF APN 60-006-009 AND

AUTHORIZING THE CITY ADMINISTRATOR TO SIGN, AUTHORIZE AND

HAVE RECORDED ALL RELEVANT DOCUMENTS AND AGREEMENTS
WHEREAS, the City of Angels (“City”) has identified Assessor’s Parcel 60-006-009, adjacent to Utica Park to the south, as necessary to expand parking and access for Utica Park; and WHEREAS, the City has completed a Phase 1 Environmental Assessment which concluded that no environmental hazards out of the ordinary exist that would preclude a purchase by the City; and WHEREAS, the City completed an appraisal for the property; and WHEREAS, the City Council made an offer on the property that does not exceed the appraised value; and WHEREAS, the offer has been accepted;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby approves the purchase of APN 60-006-009 and authorizes the City Administrator to sign, authorize and have recorded all relevant documents and agreements to complete the purchase.

The foregoing resolution was introduced and moved for adoption May 2, 2023, by Council member ________________and duly seconded by Council member ______________.

PASSED AND ADOPTED THIS 2nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Jennifer Davis-Herndon, Mayor
ATTEST:
___________________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
CPPA’s power rate is projected to increase by 10 percent beginning the service month of July 2023.

The current Secondary rate would increase from $0.20 to $0.22 per kWh. The current Primary Plus rate would increase from $0.1633 to $0.1796 per kWh. Final rates for FY 2023/24 will be adopted at the July CPPA Board of Directors meeting.

CPPA continues to offer its members free energy audits and grants to undertake energy efficiency improvements. Contact CPPA for more details about this program.

Attached are the Minutes of the April 19, 2023, CPPA meeting.

Dennis Dickman, General Manager
Calaveras Public Power Agency
Government Center
San Andreas, CA 95249
209 293-7211
209 768-5248 Cell
12A

Angels Camp City CouncilMay 2, 2023

Angels Camp City Council
May 2, 2023