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Agenda packet

Angels Camp City Council
September 19, 2023

Document
Agenda packet
Meeting
September 19, 2023
Body
Angels Camp City Council
Pages
1
Original file
10.0 MB
Text extracted from the city's file for reading and search. Open the original on angelscamp.gov. That file is the official record.

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

AMENDEDCITY OF ANGELS

CITY COUNCIL AGENDA
September 19, 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:

Join on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 237 805 573 979
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+1 209-662-6903,,386003393# United States, Stockton
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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, Remote Location: Omni Hotel 100 CNN Center Atlanta, GA 30303 Conference Room: Juniper Room Floor: M2 North Tower
Council Members 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
5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: Police Chief
B. Conference with Labor Negotiators (Govt. Code Section 54957.6) Agency Designed Representative: Rebecca Callen, City Administrator Employee Organization:

City of Angels Employee’s Association (Miscellaneous)
City of Angels Firefighters Association
City of Angels Employee's Association (Exempt)
C. Conference with Real Property Negotiators (Gov. Code § 54956.8) Property: 1192 South Main Street, Angels Camp
Agency Negotiation: Douglas L. White, City Attorney
Negotiating Parties: CYA Team, LLC
Under Negotiation: Lease Terms
6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: Police Chief
B. Conference with Labor Negotiators (Govt Code Section 54957.6) Employee Organization:

City of Angels Employee’s Association (Miscellaneous)
City of Angels Firefighters Association
City of Angels Employee's Association (Exempt)
C. Conference with Real Property Negotiators (Gov. Code § 54956.8) Property: 1192 South Main Street Angels Camp
Agency Negotiation: Douglas L. White, City Attorney
Negotiating Parties: CYA Team, LLC
Under Negotiation: Lease Terms

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)

5. 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.

6. CONSENT AGENDA
A. Approve Draft Minutes of September 5, 2023, Rose Beristianos, City Clerk B. Accounts Payable (AP) August Checks and Treasurer’s Report, Michelle Gonzalez, Finance Director C. Approve Resolution No. 23-73, Authorizing Road Closure of State 49 in the City of Angels Camp for Angels Camp Business Association Annual Christmas Parade, Caytyln Schaner, Administrative Services Specialist

7. REGULAR AGENDA
A. Utica Park, Amy Augustine, City Planner
B. PUBLIC HEARING: Introduce, Waive First Reading, Hold Public Hearing and Schedule October 3, 2023, to Consider Adopting Ordinance 534 Relocating Housing-Related Codes to a New Chapter 17.52 (Housing) with Amendments to Section 17.06.200 (Reasonable Accommodation) Allowing Some Administrative Approvals and Clarifying Section 17.06.170 (Accessory Buildings), Amy Augustine City Planner I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
C. PUBLIC HEARING: Introduce Ordinance 535, Waive the First Reading, Hold a Public Hearing and Schedule October 3, 2023, to Consider Adopting Ordinance 535, Allowing the City Planner Discretion to Approve Conditional Use Permits for Projects Valued at Less than $250,000 and Exempt from the California Environmental Quality Act. Amy Augustine, City Planner
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Comment
D. PUBLIC HEARING: Introduce Ordinance 536, Waive the First Reading, Hold a Public Hearing and Set October 3, 2023, to Consider Renaming Chapter 17.06 as General Provisions and Exceptions and Adding, Consolidating, Amending, or Updating, Provisions for Mobile Food Vendors, Garage Sales, Temporary Construction Trailers, Recreational Vehicles (Storage and Living), Special Events, Special Event Permits, Certificates of Occupancy, Storage Containers, Cottage Food Operations and Movie Sets; Amending and Updating Excessive Slopes, Temporary and Seasonal Sales Stands, Acceptable Farming and Ranching

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
Practices, Construction in Flood plains, Occupancy Changes in Commercial Buildings in Commercial Zones, and Eliminating Standards for Auto Wrecking Yards, Amy Augustine, City Planner I. Receive Staff Reporting
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Comment
E. PUBLIC HEARING: Introduce Ordinance 537, Waive the First Reading, Hold a Public Hearing and Set October 3, 2023, to Considering Adding a New Section 17.03.220 Addressing Gas Stations. Amy Augustine, City Planner
I. Receive Staff Reporting
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Comment
F. PUBLIC HEARING: Introduce Ordinance 538, Waive the First Reading, Hold a Public Hearing, and Set October 3, 2023, to Consider Adding a New Section 17.06.210 Addressing Vacant Buildings, Amy Augusting, City Planner
I. Receiving Staff Reporting
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Comment
G. Discussion and Direction to Apply for the Reconnecting Neighborhoods Grant, Rebecca Callen, City Administrator
H. Provide Direction to City Staff as to Whether the City Council Vacancy Created by the Resignation of Councilmember Gretel Tiscornia Should be Filled Either by Appointment or by Calling a Special Election, Doug White, City Attorney
I. Review and Discussion Regarding City Council Appointments, Rose Beristianos, City Clerk J. Discussion Medberry APN: 064-004-033 Code Compliance K. Consideration of a New Lease Agreement with Pickled Porch Café for the Property Located at 1192 South Main Street, Douglas L. White, City Attorney

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

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

10. CORRESPONDENCE
A. News and Notes for August 2023

11. CALENDAR

12. FUTURE AGENDA ITEMS

13. 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

DRAFT MINUTES CITY OF ANGELS

CITY COUNCIL AGENDA
September 5, 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:

JJoin on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 259 054 873 390
Passcode: NRF287
Download Teams | Join on the web
Or call in (audio only)
+1 209-662-6903,,253817460# United States, Stockton
Phone Conference ID: 253 817 460#
Find a local number | Reset PIN
Learn More | Meeting options
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 (PRESENT) Vice Mayor Isabel Moncada (PRESENT) Council Members Alvin Broglio, Caroline Schirato, VACANT (PRESENT) City Administrator Rebecca Callen (PRESENT) City Attorney Debra H Vierra (PRESENT for Doug White) 6A

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
5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiator
Property Location: APNS: 060-018-003, 004
Agency Negotiator, Rebecca Callen, City Administrator
B. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9 (d)(2): One Case 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: APNS: 060-018-003, 004
Agency Negotiator, Rebecca Callen, City Administrator
B. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9 (d)(2): One Case REPORT OUT OF CLOSED SESSION:

ITEM A, DIRECTION GIVEN TO STAFF

ITEM B, MAYOR READ A RESIGNATION STATEMENT FROM GRETEL TISCORNIA

4. PLANNING COMMISSIONER APPOINTMENT
Review and Appointment of One(1) Planning Commissioner Member to Fill a Vacancy, with a Term Set to Expire June 30, 2026
A. Commissioner Interview
INTERVIEWED: MATTHEW STAMMERJOHAN, DANIEL WHITFORD. JOSEPH JACOBS WAS UNABLE TO ATTEND DUE TO A FAMILY MATTER BUT WAS STILL CONSIDERED.

PUBLIC COMMENT: ROBERT MONCADA SPOKE ABOUT THE POSITION AND HIS TIME ON COMMISSION,

GLORIA ASKED ABOUT JOSEPH JACOBS AND IF HE WAS STILL BEING CONSIDERED ACTION: MAYOR HERNDON MOTIONED TO APPOINT MATTHEW STAMMERJOHAN, SECONDED BY VICE MAYOR MONCADA, PASSED 3 YES, 1 NO, 1 ABSENT
B. Appointment / Oath of Office – New Planning Commissioner

CLERK READ THE OATH OF OFFICE WITH NEW PLANNING COMMISSIONER MATTHEW STAMMERJOHAN

5. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE BY COUNCIL MEMBER BROGLIO, AND SECOND BY COUNCIL MEMBER SCHIRATO, PASSED 4 YES, 1 ABSENT

6. PUBLIC COMMENT - NONE

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

7. CONSENT AGENDA
A. Approve Draft Minutes of August 15, 2023, Rose Beristianos, City Clerk ACTION: MOTION TO APPROVE THE CONSENT AGENDA BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 3 YES, 1 ABSTAIN

8. REGULAR AGENDA
A. Utica Park Presentation, Amy Augustine, City Planner PUBLIC COMMENT:

LORENA DARBY – SPOKE ABOUT RESIDENTAL INPUT

AMANDA FOLENDORF- NOISE TRAVELING DUE TO AMPHITHERATER

SARA HAIGEL- CONCERNED ABOUT CHANGES IN DESIGN AND WHO IS ON COMMITTEE

TREVOR AIROLA- WOULD LIKE SOCIAL MEDIA UPDATES AND A TIMELINE

TAD FOLENDORF-CONCERNED ABOUT AMPHITHERATER

TJ GALLEGER-DUST ISSUE, TREES THAT WERE IN THE PARK, FUNDING B. Adopt Resolution No. 23-69 and Authorize the Mayor to Sign a Letter of Commitment for a Community Resilience Center Grant with Minor Changes if Necessary, Amy Augustine, City Planner ACTION: MOTION TO APPROVE RESOLUTION NO. 23-69 AND SIGN LETTER BY COUNCIL MEMBER SCHIRATO, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 4 YES, 1 VACANT C. Adopt Resolution No. 23-68, Approving an Agreement Between the City of Angels and the Department of Forestry and Fire Protection For the Volunteer Fire Capacity Grant, Nathan Pry, Fire Marshall / Battalion Chief
ACTION: MOTION TO APPROVE RESOLUTION NO. 23-68 BY COUNCIL MEMBER BROGLIO, SECONDED BY VICE MAYOR MONCADA, PASSED 4 YES, 1 VACANT
D. Adopt Revised Resolution No. 23-41, Authorizing the Industrial Disability Retirement of Police Officer Steven Sanford, Rose Beristianos, City Clerk / Administrative Services Officer ACTION: MOTION TO APPROVE REVISED RESOLUTION NO. 23-41 BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 VACANT
E. Adopt Resolution No. 23-71, Approving HRA (Health Reimbursement Arrangement) Plan Change for Administrative Costs and Resolution No. 23-72, Termination of HRA (Health Reimbursement Arrangement), Rebecca Callen, City Administrator
ACTION: MOTION TO APPROVE RESOLUTION NO. 23-71 AND RESOLUTION NO. 23-72 BY COUNCIL MEMBER SCHIRATO, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 4 YES, 1 ABSENT F. Discussion and Recommendation Regarding Medberry APN 064-004-033 Code Compliance, Upholding the Notice and Order to Abate with an Extension, Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE EXTENSION BY MAYOR HERNDON, SECONDED BY VICE MAYOR MONCADA, PASSED 4 YES, 1 VACANT

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

8. ADMINISTRATION REPORT – REBECCA CALLEN GAVE HER REPORT

9. COUNCIL REPORT – ALL REPORTED OUT

10. CORRESPONDENCE
A. Calaveras Council of Governments letter of Support for Regional Resilience Grant Program (RRGP) B. AB1484 Temporary Public Employees Opposition, Letter of Support C. Calaveras County Water District Section 218 Copper Cover Wastewater Treatment System Improvement Project, Letter of Support

11. CALENDAR – CLERK REVIEWED CALENDAR WITH DISCUSSION TO BRING BACK NEXT MEETING THE COUNCIL

APPOINTMENTS DUE TO VACANCY

12. FUTURE AGENDA ITEMS:

COUNCIL APPOINTMENTS

COUNCIL VACANCY

MIKE MEDBERRY

EMPLOYEE RETENTION

13. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 8:44PM BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 ABSENT
____________________________
Jennifer Herndon, Mayor
__________________________
Rose Beristianos, City Clerk

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
MEETING DATE: September 19, 2023
TO: City Council
FROM: Michelle Gonzalez, Finance Director
RE: Monthly Accounts Payable (AP) Checks and Treasury Report

BACKGROUND
Accounts Payable and Treasury Reports for Council Review.

DISCUSSION
Staff is providing Council with the Accounts Payable and Treasury Report for the month of August 2023

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Accounts Payable Checks

2. Treasury Report
6B
Accounts Payable
Checks
User: mgonzalez
Printed: 9/8/2023 12:59:05 PM
Check!' Vendor Vendor Name
0 GATOS Gateway Press
0 WHI00 White Brenner, LLP
0 CAL46 California Landscaping & Design Inc
0 NEX00 NEXUS TECHNOLOGIES
0 CAL46 California Landscaping & Design Inc
0 RIN0I RingCentral Inc.
0 AVI0I Hulises Ramon Avila
0 USA0I USABlueBook
0 ANG06 Angels Camp Police Officer's Association
0 USA0I USABlueBook
0 CDK0I CDKSupply
0 CAL37 Calaveras Power Agency
0 NOR03 Northstar Chemical
0 AVI0I Hulises Ramon Avila
0 CON03 CONETH SOLUTIONS, INC.
0 ELD00 El Dorado Septic Service, Inc.
0 HUN0I Hunt & Sons, Inc.
0 CAL39 Calaveras County - Treasurer/Tax Collector
0 WHI00 White Brenner, LLP
91460 CAL06 Calaveras Lumber Co., Inc.
91461 CAM0I Campora Propane Service
91462 GENO! General Plumbing Supply
91463 MAR02 Mark Twain Union Elementary
91464 MAS00 CALEB MASON
91465 ORE00 O'Reilly Automotive, Inc.
91466 USB03 U.S. Bank Equipment Finance
91467 ADA03 Adam Davis
91468 ARA00 Aramark
91469 ARA0I ARAMARK
91470 ATT02 AT&T Mobility
91471 BEN0l John Benoit
91472 CALI? Calaveras Visitors Bureau
91473 CALl9 Calaveras County - Administration
Accounts Payable - Checks (9/8/2023)
CheckDa Void Commit Description Amount
8/11/2023 False True Winter Storm 2023/Non-Labor Costs $654.43 8/18/2023 False True For professional services through 6/30/2023 $19,559.60 8/7/2023 False True Trugreen- Insect and disease control services $3,600.00 8/ 18/2023 False True GI MICROSOFT 365 $2,941.30
8/ 18/2023 False True INSTALLATION OF PLANTS, ROCK BORDER, ETC $3,750.00 8/31 /2023 False True RINGCENTRAL ACH TEST $0.01
8/ 11/2023 False True Consulting services for June 2023 $10,513.00 8/31/2023 False True GEN PURP LAB THERMOMETER $60.19
8/ 18/2023 False True EMPLOYEE DEDUCTION PAYROLL DATED 8/ 18/23 $1,083.60 8/7/2023 False True stock # 42766/36979/77303 $419.43
8/7/2023 False True GALV RIGID CONDUIT $86.70
8/11/2023 False True Power - City Locations $34,208.26
8/31/2023 False True ACHTEST $0.01
8/7/2023 False True WEED ABATEMENT $709.00
8/29/2023 False True MONTHLY BILLING FOR AUGUST $12,374.00 8/ 11 /2023 False True PORTABLE TOILET RENTAL 8/7-9/3 $242.44 8/7/2023 False True 300 REG GAS 140 DIESEL $7,619.18
8/18/2023 False True 2021 Escape assessment for 064-004-001-000 $438.04 8/29/2023 False True PROFESSIONAL SERVICES RENDERED THROUGH JULY, 2023 $21 ,782.00 8/7/2023 False True BOOT BUFFALO WASTE WATER $4,324.47
8/7/2023 False True propane fuel 7 /18/23 $9.65
8/7/2023 False True PIPE GALV STL SCH40 2IN T &C A53A $366.13 8/7/2023 False True LOF CHANGE, CABIN AIR FILTER, ADJUST BREAKS $543 .83 8/7/2023 False True BOOT REIMB. FN 23/24 $180.47
8/7/2023 False True TERRY TOWELS/SPADE TERMNL/BUTT SPLICE $309.11 8/7/2023 False True HP COPIER $149.74
8/11/2023 False True MATERIALS AND LABOR $760.93
8/ 11/2023 False True INVOICES- 504016015l/5040163533/5040166994/5040170440/5040173683 $424.59 8/ 11/2023 False True STATEMENT FOR PW 7 /31/23 $528.26 8/ 11/2023 False True ANGELS CAMP PUBLIC WORKS $178.02
8/ 11/2023 False True Staff services for July 2023 $5,040.74 8/ 11/2023 False True MUSEUM OPERATIONS FISCAL YEAR 23/24 $50,000.00 8/ 11/2023 False True VIDEOGRAPHER COUNCIL MEETING 8/ 1/23 $460.08

Page 1 ends

Check!' Vendor Vendor Name CheckDa Void Commit Description Amount 91474 CAL73 CALAFCO 8/11/2023 False True CALAFCO Conf registration- Paque, Tyrrell, Herndon, Dashner $4,297.00 91475 CSJ0l CSNRMA 8/11/2023 False True 23/24 1 ST QTR DEPOSITS $315,369.00 91476 DEP08 Dept.of Transportation 8/11/2023 False True APRIL- JUNE 2023 SIGNALS AND LIGHTING BILLING $302.90 91477 DEW00 Dewberry Engineers Inc. 8/ 11/2023 False True General Water engineering services 6/30/2023 $8,657.84 91478 ENE02 Energy Systems 8/ 11/2023 False True SHOP SUPPLIES/ LABOR AND TRAVEL $1 ,924.00 91479 FRO04 Froggy's Auto Wash & Lube 8/ 11/2023 False True OILANDLUBE $132.53 91480 HAC0I Hach Company 8/ 11/2023 False True PH GEL PROBE/REGGED/CABLE $995.61 91481 HER00 John W. Hertzig 8/ 11/2023 False True Rock for range $1,720.00 91482 L&L0I Laurie Boire 8/ 11/2023 False True JULY CLEANING FOR POLICE DEP. $220.00 91483 MCIOI MCI 8/11/2023 False True Long distance for PD/WW June 2023 $127.57 91484 MOT09 MotherLode Answering Service, Inc. 8/11/2023 False True BASIC SERVICES $243.24 91485 QU102 Quill Corporation 8/11/2023 False True ITEM NUMBER 901-QCENV00075 $332.07 91486 SDR00 SDRMA 8/11/2023 False True Member#: 7474 Liability Insurance for 23/24 $2,807.81 91487 SIE05 Sierra Motors 8/11/2023 False True New door panel for K9 Chev Tahoe and oil change $939.73 91488 SONI0 Sonora Airco Gas & Gear 8/11/2023 False True CYLINDER RENTAL $8.00 91489 STO03 STOCKTON FENCE AND MATERIAL 8/11 /2023 False True TEMP. FENCE RENTAL $3,226.25 91490 STR00 STREAMLINE 8/11 /2023 False True Streamline Web Member $756.00 91491 SUN07 Sun Ridge Systems, Inc 8/11 /2023 False True Warranty and Support RIMS Annual fee 8/24/23-8/23/24 $3,530.00 91492 UTI0I Utica Water & Power Authority 8/11 /2023 False True Water Contribution Agreement FY 23-24 $72,500.00 91493 WEA00 Weatherby Reynolds Fritson 8/11/2023 False True For professional services- Winter Storm 2022/Planning Consultant $600.00 91494 WEB00 Roark Weber, P.E. 8/11/2023 False True PROFESSIONAL SERVICE FOR JUNE 2023 $502.00 91495 WIL03 STEVE WILCOX 8/11/2023 False True LLD Projects/Greenhorn Creek Trail CCF Gran/Non-Labor Costs $686.53 91500 ADV03 AH SONORA HBOC 8/18/2023 False True Services incurred 2/2023 for Burnett $514.00 91501 ATT05 AT&T 8/18/2023 False True PHONE SERVICE 8/4/23-9/3/23 $673.50 91502 AXO02 Axon Enterprise, Inc. 8/18/2023 False True Cable assembly, signal unit and warranty $28,279.14 91503 CAL17 Calaveras Visitors Bureau 8/18/2023 False True 4TH QTR FISCAL YEAR 23/24 TOT TOURISM DISTRIBUTION $22,000.00 91504 CAL53 Calaveras County Sheriff's Office 8/18/2023 False True Dispatch Services per FY 22-23 contract with 5% CPI $47,128.45 91505 DAR02 DARIO'S LANDSCAPING 8/ 18/2023 False True DEBRIS CLEAN UP ON A9 SMITH FLAT $2,400.00 91506 GRA04 Gravison Inc. - Pioneer Electric 8/ 18/2023 False True MINIMUM SERVICE CHARGE TO TROUBLESHOOT OUTLET $118.50 91507 INT05 Interwest Consulting Group Inc. 8/ 18/2023 False True ANGELS CAMP ALL HAZARDS PLANNING CODES UPDATE $1 ,530.00 91508 JAV0l Javelina Trading Company 8/ 18/2023 False True BLUE NITRILE GLOVE $322.65 91509 LIF0I Life - Assist, Inc. 8/ 18/2023 False True Freeform Nitrile Exam Gloves- FD $387.90 91510 LNC0l L.N. Curtis & Sons 8/ 18/2023 False True Universal spanner wrench- FD $90.05 91511 OPE00 Operating Engineers Local Union No. 3 8/18/2023 False True PAYROLL DATED 8/18/23 $580.00 91512 PEF0I PEFFER'S TREE SERVICER, LLC 8/18/2023 False True Utica Park- tree trimming/removal; Bush St Ext $8,700.00 91513 QUA00 Quadient 8/18/2023 False True Postage machine lease through September 2023 $118.19 91514 QUA0l Quadient Finance USA, Inc 8/18/2023 False True Postage refill account $446.02 91515 QUI02 Quill Corporation 8/18/2023 False True TONERS CART X3 $358.78 91516 REE02 George Reed Inc. 8/18/2023 False True Asphalt $408.82 91517 UB*00371 DENOVA HOMES 8/18/2023 False True Refund Check 010241-000, 648 EDGEWOOD LOOP $17.58 91518 UB*0037: JSK REAL ESTATE INVESTMENTS LLC 8/18/2023 False True Refund Check 011641-000, 650 GARDNER LN $188.11 91519 UTI0I Utica Water & Power Authority 8/18/2023 False True S-126 WATER DATA COLLECTION $800.00 91520 ATT02 AT&T Mobility 8/29/2023 False True JULY 12TH-AUGUST 11TH PHONE BILL $177.98 Accounts Payable - Checks (9/8/2023) Page 2 of3
Check!' Vendor Vendor Name CheckDa Void Commit Description Amount 91521 BIL00 Bill Wennhold 8/29/2023 False True HazMat Incident Command Class $550.00 91522 BUR00 BURNOR OUTDOOR SERVICES 8/29/2023 False True REMOVING 3 LOW BRANCHES OVERHANGING SMITH FLAT $5,300.00 91523 CAL19 Calaveras County - Administration 8/29/2023 False True VIDEOGRAPHER FOR COUNCIL MEETING 8/15/23 $181.61 91524 CAL29 Cal.net 8/29/2023 False True #22194-PD $1,234.68 91525 CSG0I CSG Consultants, Inc. 8/29/2023 False True BUILDING PLAN REVIEW SERVICES 7/ 1/23-7/31/23 $1,405.00 91526 DEW00 Dewbeny Engineers Inc. 8/29/2023 False True Transportation Projects/CMAQ Trail CML-5206(016) NL/Engineering Contractor $902.56 91527 GOL0I Gold Electric, Inc. 8/29/2023 False True MAY 2023- Troubleshooting on UV generator transfer switch and ne $3,778.79 91528 LNC0I L.N. Curtis & Sons 8/29/2023 False True ADJ. HYDRANT WRENCH WI DOUBLE SPANNER HEAD $139.40 91529 QU102 Quill Corporation 8/29/2023 False True OFFICE SUPPLIES $501.37 91530 SIG0I Signal Service Inc. 8/29/2023 False True RODENT DAMAGE REPAIR $171.25 91531 SIM03 Simonds Machinery Co. 8/29/2023 False True Altaville Lift Station Pump $20,812.70 91532 UB*0037~ MGE UNDERGROUND 8/29/2023 False True Refund Check 0 11659-000, CONST. HYDRANT METER #8917 $45.24 91533 UB*0037" VIERIA, JOSEPH 8/29/2023 False True Refund Check 011274-000, 740 TUOLUMNE AVE- Water Service $250.00 91534 WEC0I Weco Industries 8/29/2023 False True ITEM CODE UEM-UEI 122/ SUPPLIES FOR PUBLIC WORKS $240.41 91535 ANG04 Angels Food Market 8/31 /2023 False True ZIPLOC GALLON BAGS, ZIPLOC QUART STORAGE $19.37 91536 CAL06 Calaveras Lumber Co., Inc. 8/31 /2023 False True TOOLS FOR PUBLIC WORKS $797.71 91537 CPS00 CPS HR CONSULTING 8/31 /2023 False True ORAL SLPP EXAM BASE FEE/ BILINGUAL EXAM $459.25 91538 foo0I Foothill-Sierra Pest Control, Inc 8/31 /2023 False True Murphys Grade water plant $302.00 91539 FRO04 Froggy's Auto Wash & Lube 8/31 /2023 False True WW/WT FORD TRUCK MAINT. $276.96 91540 GHC321 BRIAN NISKANEN 8/31 /2023 False True DOUBLE CHARGE FOR MARK TWAIN SCHOOL MITIGATION FEES $11,704.00 91541 HER00 John W. Hertzig 8/31 /2023 False True Rock and road base for range $3,380.00 91542 JAV0I Javelina Trading Company 8/31 /2023 False True PUBLIC WORKS FIRST AID KIT, SAFETY VEST $739.53 91543 L&L0I Laurie Boire 8/31 /2023 False True CLEANING PD FOR AUGUST $220.00 91544 MIS00 MISCOWATER 8/31 /2023 False True LABOR CHARGW, ADDING #1 ANALOG INPUT, FREIGHT CHARGE $451.78 91545 NAS0l Nash Service Inc. 8/31 /2023 False True OIL SERVICE AND TIRE ROATION, OTHER SUPPLIES $372.66 91546 ORE00 O'Reilly Automotive, Inc. 8/31 /2023 False True 1 GAL ANTIFREEZE $279.65 91547 SCO02 Scott's Distributing 8/31 /2023 False True TOILET PAPER FOR MUSEUM $580.19 91548 WEB00 Roark Weber, P.E. 8/31 /2023 False True PROFESSIONAL SERVICES FOR JULY 2023 $310.75 91549 XYL00 XYLEM Water Solutions U.S.A., Inc. 8/31 /2023 False True UV Parts $8,927.38 91550 ZOL00 Zoll, Data Systems 8/31 /2023 False True FIRE RMS ENTERPRISE EDITION PER STATION $149.66 8012301 AME05 American Fidelity Assurance Co. 8/21 /2023 False True bill period 8/ 1/23-8/31/23 $1,258.31 8152301 bas08 BASIC Pacific 8/ 16/2023 False True MONTHLY FEE FOR COBRA ADMINISTRATION $49.20 8182301 PER04 CalPERS Financial Reporting & Accounting Services 8/ 16/2023 False True PAYROLL DATED 8/ 18/23 $21 ,850.84 8182302 VAL0I Valic 8/16/2023 False True PAYROLL DATED 8/18/23 $1 ,580.00 8182303 COGIRS Internal Revenue Service 8/16/2023 False True PAYROLL DATED 8/18/23 $23,842.74 8182304 STA21 Stanislaus County Department of Child Support 8/16/2023 False True CHILD SUPPORT DEDUCTION PAYROLL DATED 8/ 18/232 $440.00 8182305 EDD0I Employment Development Dept. 8/16/2023 False True PAYROLL DATED 8/18/23 CA SDI $4,010.50 Accounts Payable - Checks (9/8/2023) Page 3 of3
Operating Portfolios Beginning Balance Ending Balance Accrued Interest Bank Fees % of Total Main Checking (Bank of Stockton) $ 1,314,311 $ 782,514 $ 2,305 3% Checking (US Bank) 697,151 1,104,118 260 4%
Money Market (Bank of Stockton) 6,200,026 6,223,444 23,418 25% Local Agency Investment Fund (LAIF) * 6,480,266 6,480,266 26% Certificate of Deposit (Bank of Stockton) ** 10,000,000 10,000,000 41% TOTAL OPERATING FUNDS $ 24,691,754 $ 24,590,342 $ 25,723 $ 260 100% * Interest recorded Quarterly (July 2023)
** CD opened 6/30/2023 interest rate 5.10% Term 12 months Total Interest Earned FY 22/23 $ 357,467
Total Interest Earned FY 23/24 $ 50,760
August 31, 2023

CITY OF ANGELS

TREASURER'S REPORT
For the Month Ended
3%
5%
25%
26%
41%
Composition of Operating Portfolios
August 31, 2023
Main Checking (Bank of Stockton)
Checking (US Bank)
Money Market (Bank of Stockton)
Local Agency Investment Fund
(LAIF) *
Certificate of Deposit (Bank of
Stockton) **
$2,305
23,418
260
0% 20% 40% 60% 80% 100%
Main Checking (Bank of Stockton)
Checking (US Bank)
Money Market (Bank of Stockton)
Local Agency Investment Fund (LAIF) *
Interest Earnings/Bank Fees
August 31, 2023
Accrued Interest Bank Fees

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: September 19, 2023
TO: City Council
FROM: Caytlyn Schaner, Administrative Services Specialist RE: RESOLUTION 23-73 AUTHORIZING ROAD CLOSURE OF STATE 49 IN THE CITY OF

ANGELS CAMP FOR ANGELS CAMP BUSINESS ASSOCIATION ANNUAL CHRISTMAS PARADE
RECOMMENDATION:

Approve Resolution 23-73
BACKGROUND:

Angels Camp Business Association is requesting approval from the City Council to close Highway 49 between Vallecito Road and Bret Harte Drive on November 25, 2023, from 5:00 P.M. until 6:00 P.M for the Christmas Parade.

DISCUSSION:

None
FINANCIAL IMPACT:

Please referred March 21, 2023, Special Events Item for this event ATTACHMENTS:

Resolution No. 23-73
6C

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-73
A RESOLUTION APPROVING ROAD CLOSURE OF STATE ROUTE 49 IN THE CITY OF ANGELS HISTORIC

DISTRICT FOR ANGELS CAMP BUSINESS ASSOCIATION ANNUAL CHRISTMAS PARADE WHEREAS,; Angels Camp Business Association is planning their annual Christmas parade for Saturday, November 25th; and
WHEREAS,; Angels Camp Business Association has expressed an interest in having a Christmas Parade on November 25, 2023; and
WHEREAS,; Angels Camp Business Association is requesting approval from the City Council to close Highway 49 between Vallecito Road and Bret Harte Drive on this date; and WHEREAS,; this closure will temporarily impede and restrict the free passage of traffic over State Highway Route 49 between Vallecito Road and Bret Harte Drive on November 25, 2023 from approximately 5:00 P.M. until 6:00 P.M.; and
WHEREAS,; the closure details and route will comply with the California State Department of Transportation Encroachment permit.

NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council consents to the proposed closure of State Highway Route 49 upon terms and conditions deemed appropriate and necessary by the California State Department of Transportation.

PASSED AND ADOPTED this 19th day of September, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon, Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Utica Park Update - 1
DATE: September 19, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Rural Recreation and Tourism Program - Utica Park Lightner Mine Expansion Project Update

RECOMMENDATION
Acknowledge and accept update.

BACKGROUND
Consistent with direction from the City Council, attached is an update on the above-captioned project through September 7, 2023.

As of this date, staff is finalizing the membership of the Stakeholders Committee and the construction contractor is continuing their quest to find an available geotechnical engineering firm to provide guidance.

ATTACHMENTS
A. Budget
B. Anticipated timeline
7A
City of Angels
Utica Park Lightner Mine Budget
Budgeted Revenue Total %
Rural Recreation and Tourism Grant (CA Dpt. of Parks and Recreation) $ 3,000,000 State Funding 3,177,952 80% State Per Capita (Children's Playground) 177,952 Federal Funding 597,430 15% Community Development Block Grant (Bathrooms) 167,000 Local/City Funding 195,000 5% Community Development Block Grant (Generator) 30,430
ARPA appropriation (Gap Funding) 400,000
Angels Camp Community Club (Children's Playground) 135,000 General Fund allocation for second stall) 60,000
Total Revenue $ 3,970,382
Budgeted Expenditures
Purchase 3.2 acres (Escrow Fees & Title) $ 325,071 *
Phase 1 (Hazardous Materials) 3.2 acres (Nelson Environmental) 2,500 Appraisal (Schuller Appraisals) 2,500 *
Design and Construction (Boyer Construction) 2,275,000
Playground Equipment (SPEC) 460,000
Bathrooms (T&S West) 309,000
Generator (Pioneer Electric) 30,430 *
Total Expense $ 3,404,501
Net Project Budget $ 565,881
Please note ARPA funds are designated for project overruns * Funds Spent $358,001
Task Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Sign Grant Contract with State
Purchase Property
Appraisal
Phase 1
Open/Close Escrow
Site Preparation
Contract with Conservation Corps
Vegetation Removal Weather Delays
Project Signage
Hire Contractors
RFP/Select/Contract - Playground - SPEC
RFP/Select/Contract - Bathrooms - J&S West
RFP/Select/Contract-Design and Construct-Boyer
Preliminary Design
Geotechnical Study Determinations Geotech unavailable Critical Path Design Team - Preliminary Design
Form Stakeholders Committee
Draft Design
Stakeholders Review
Draft Design
Stakeholders Review
Draft Design
Stakeholders Review
Final Design
Construction - Boyer
Site work
Structures
Complete and Commission
Closeout
Grant Deadlines
Rural Recreation and Tourism (park) 6/30/2028
Community Developmet Block Grant (bathrooms, generator) 24-Nov Per Capita Grant (Playground) 6/30/2024
Community Club (Playground) ASAP
Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Critical Path
Playground
Playground
Playground+
Playground+
Remaining Park
Remaining Park
Playground
24-Nov
6/30/2024
Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 28-Jun U�ca Park / Lightner Mine Community / Stakeholder
Design Commitee
City Staff will be responsible for agendas and meetings. Technical experts will be called in depending upon the item of discussion.

Meeting times/dates – Monthly commencing in October 2023 Weds 12-1 p.m. OR
Fridays 12-1 p.m.

First item of business:

Playground design
Name Representa�ve/Agency
John Broglio Angels Camp Community Club
Jessica Johnston Angels Camp Community Club
Sandy Miller
(alt. Bobbie Newell)
Foothill Village Senior Community
Tyra Dragomanovich Bret Harte High
Angela Espejel Bret Harte High
Nina Hollars Bret Harte High
Michele Spence (pending) Adjacent to park property
Jesse Gibbs Century 21 / Business
Vivian Danielson At large
Pending Mark Twain Elementary
Jerry Cadote Sierra Hope

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Create Chapter 17.52 (Housing) - 1
DATE: September 19, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Introduce, waive first reading, hold public hearing and schedule October 3, 2023, to consider adopting Ordinance 534 relocating housing-related codes to a new Chapter 17.52 (Housing) with amendments to Section 17.06.200 (Reasonable Accommodation) allowing some administrative approvals and clarifying Section 17.06.170 (Accessory buildings)

RECOMMENDATION
Staff recommends introducing Ordinance 534, waive the first reading, hold a public hearing and set October 3, 2023, to consider approving Ordinance 534 relocating all housing-related codes from Chapter 17.06 to Chapter

17.52 including the following sections: 17.06.110 Manufactured homes as single-family dwellings;

17.06.170 Accessory buildings; 17.06.180 Emergency shelters; 17.06.190 Density bonuses;

17.06.200 Reasonable accommodation; 17.06.210 Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects; 17.06.220 Low barrier navigation centers; and 17.06.230 Converting multifamily rental units to owned units (condominium conversion); and amending Section 17.06.200 Reasonable Accommodation to allow the City Planner to approve certain applications (administrative approvals); and clarifying Section 17.06.170 (Accessory buildings).

On October 3, 2023, the City Council may:

A. Approve Ordinance 534 as presented, or
B. Approve Ordinance 534 with amendments, or
C. Return Ordinance 534 to staff for additional changes, or D. Deny Ordinance 534.

BACKGROUND
The City is expanding Chapter 17.06, General Provisions and Exceptions, to address multiple additional land use activities. Currently, various housing-related codes are scattered throughout that Chapter. To assist developers, the public, and the California Department of Housing and Community Development in locating the city’s state-mandated housing-related codes, staff is recommending that all such codes be relocated to a single chapter, a new Chapter 17.52 (Housing).

The creation and relocation of the subject code sections from Chapter 17.06 to Chapter 17.52 is clerical with two exceptions:

1. 17.06.220/(new 17.52.050) Reasonable accommodation. “Reasonable accommodation” is a requirement of the Fair Housing Act and with the California Fair Employment and Housing Act. It requires the city to allow reasonable accommodation (i.e., flexibility) in the application of zoning regulations to provide equal opportunity to the disabled to use and enjoy a dwelling and establishes that 7B

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Create Chapter 17.52 (Housing) - 2
such flexibility shall not constitute a variance from the terms of the zoning ordinance as provided in Chapter 17.75. Currently, such an amendment requires a public hearing before the Planning Commission within up to 90 days. AMC Section 17.06.200 proposes an amendment allowing requests for reasonable accommodation to be approved administratively by the City Planner for projects valued at $250,000 or less and CEQA-exempt, with the option to refer such projects to the planning commission with a public hearing. This amendment would expedite approvals for building permits that include request for reasonable accommodations for handicapped accessibility (e.g., lifts, ramps etc.).

2. Section 17.06.170 Clarifying that the referenced “accessory buildings,” have two separate meanings.

One refers to Accessory Dwelling Units which are addressed in Chapter 17.61 and will be crossreferenced in Chapter 17.52 (Housing). The other definition references the necessity to have a primary use on site before an accessory structures may be built, except for barns and related structures for agricultural uses—that definition will be clarified and retained in Chapter 17.06.

The Planning Commission considered Resolution of Intent 23-13 at a public hearing on September 14, 2023, for this item. The recommendations of the Planning Commission will be provided at the September 19, 2023, City Council meeting.

ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to code amendments shall be made upon the following findings of fact:

A. The proposed change or amendment is consistent with the city of Angels Municipal Code; and B. The proposed change or amendment is consistent with the city of Angels general plan; and C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Findings A &B – Consistency with the Angels Municipal Code and General Plan Code amendments involving re-numbering without amendment are considered clerical. Only that change involving a program amendment (reasonable accommodation) is addressed in the following.

The proposed code amendment will assist in implementing the following General Plan 2020 goals, policies and programs:

Goal 2D Facilitate the provision of decent housing in a suitable environment for all income levels, ethnicities, age levels, sexes and for the disabled and at-risk families consistent with the demographics of the City’s population.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Create Chapter 17.52 (Housing) - 3
Policies

2.D.3 Recognize the unique needs of the physically challenged and/or developmentally disabled when establishing and implementing housing programs.

2.D.4 Recognize the unique needs of special needs populations when establishing and implementing housing programs.

2.D.5 Pursue the adoption and implementation of innovative programs emphasizing the provision of housing for all income levels, ethnicities, age levels, sexes and for the disabled and at-risk families consistent with the demographics of the City’s population.

2.D.6 Promote options available to special needs populations through the City’s reasonable accommodation procedures.

2.D.7 Continue to enforce the provisions of the Fair Housing Act

2.D.f Enforce the Provisions of the Fair Housing Act
Continue to enforce the provisions of the Fair Housing Act to ensure that the disabled have adequate access to housing. The City will ensure that the disabled have adequate access to housing through implementation of the following programs: Continue to enforce the provisions of the federal and State Fair Housing Act for households with special needs by ensuring that new multifamily construction meets the accessibility requirements of the FHA through installation of accessibility modifications in handicapped-adaptable units, to the extent that such modified units are in demand for households with special needs.

The proposed amendment to AMC Section 17.06.200 (17.52.050) will expedite approval of reasonable accommodation requests. This reduced timeline for approvals will assist in implementing the city’s reasonable accommodation program.

Based on the preceding general plan programs supporting reasonable accommodation and the change in timing only of the municipal code implementation measure, the proposed amendment allowing expedited approvals of reasonable accommodation requests may be found consistent with the general plan and municipal code.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Because the proposed amendment intends to facilitate the accommodation of housing accessibility, it is, by definition, not detrimental to health and safety.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Create Chapter 17.52 (Housing) - 4
Relative to “general welfare;” per the code amendment, adjoining landowners will be notified of proposed exterior modifications that might be in view of adjacent properties. Staff are required to address objections received by adjoining landowners. If adjoining landowners object to the proposed reasonable accommodation, staff may work with the applicant to amend the proposal, require screening, require accommodation removal after the use for which it is established no longer exists, or refer the matter to the Planning Commission. Staff decisions are appealable to the Planning Commission. Based on these remedies, the proposed amendment is not anticipated to be detrimental to the general welfare of the city.

ENVIRONMENTAL FINDINGS:

Most reasonable accommodations involve the construction of accessible ramps (sometimes within setbacks), wheelchair lifts; interior remodeling to widen hallways, doorways, reduce cabinet heights and similar changes.

These are minor changes to new or existing single-family residences. Therefore, the proposed amendment qualifies for a Categorical Exemption pursuant to the State and City CEQA Guidelines pursuant to Section 15301, Class 1 (minor alterations to existing structures), and 15303, Class 3 (new construction of small structures).

ATTACHMENT:

A. Planning Commission Resolution of Intent 23-13 with Attachment A (redline/strikeout) version of Chapter

17.52 (Housing)
B. City Council Ordinance 534 with Attachment A (Clean version of Chapter 17.52)

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-13

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL RELOCATING HOUSING-RELATED CODES TO A NEW ANGELS MUNICIPAL CODE CHAPTER 17.52 (HOUSING) WITH AMENDMENTS TO CHAPTER

17.06.200 (REASONABLE ACCOMMODATION) ALLOWING SOME ADMINISTRATIVE APPROVALS AND CLARIFYING 17.06.170 (ACCESSORY BUILDINGS)

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 organized in a manner that is easily accessible to developers and the public; and
WHEREAS, a notice of public hearing for the proposed action was published August 31, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 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 Sections 15301 and 1533 of the State and City Guidelines for the implementation of CEQA;

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council Relocating housing related codes to a new Angels Municipal Code Chapter 17.52 (Housing) with amendments to Section 17.06.200 (Reasonable Accommodation) allowing some administrative approvals and clarifying Section 17.06.170 (Accessory buildings) in accordance with Attachment 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 September 14, 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 14th day of September, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder
Chairman
Caytlyn Schaner
Deputy City Clerk
Chapter 17.0652
Housing

17.06.110 17.52.010 Manufactured homes as single-family dwellings.

17.06.170 17.52.020 Accessory buildingsdwellings.

17.06.180 17.52.030 Emergency shelters.

17.06.190 17.52.040 Density bonuses.

17.06.200 17.52.050 Reasonable accommodation.

17.06.210 17.52.060 Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects.

17.06.220 17.52.070 Low barrier navigation centers.

17.06.230 17.52.080 Converting multifamily rental units to owned units (condominium conversion).

17.06.11017.52.010 Manufactured homes as single-family
dwellings.

A manufactured home may be located upon any standard residential lot in any residential zone which allows single-family residences subject to the standards contained in this section except that they may not be located on real property that is listed in the California Register of Historic Places pursuant to Government Code Section 65852.3(b).

A. Standards for Construction. The manufactured home shall:

1. Be occupied only as a residential unit;

2. Be subject to the same requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space as required in the zone in which the home is located;

3. Be attached to a permanent foundation system in compliance with all applicable building regulations including California Health and Safety Code Section 18551 (and as may be amended);

4. A manufactured home shall only be located on a permanent foundation system on a single lot if:
a. It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; and
b. Less than ten years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; and
c. It is factory-built housing as defined in California Health and Safety Code Section 19971; and
d. It has not been altered in violation of applicable codes.

5. Have a minimum width of twenty feet excluding garages, porches, patios, eaves, etc.

6. Architecture and design shall incorporate:
a. Siding and roofing materials compatible with the surrounding conventional singlefamily residential development. b. Exterior covering shall extend to the ground, except when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Skirting is prohibited. c. Walkways, driveways, flatwork, hardscaping, and landscaping shall be compatible with surrounding conventional single-family residential development. d. Roofing shall have eave and gable overhangs of not less than one foot measured from the vertical side of the structure and roof pitch of not less than three inches vertical rise for each twelve inches of horizontal run.
e. If an enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage shall be compatible with the main dwelling.

B. Taxation. A manufactured home which has been placed on a permanent foundation system shall be deemed to be subject to local property taxation pursuant to Section 18551 of the California Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

C. Permits. Prior to installation of a manufactured home, the owner or a licensed contractor shall:

1. Obtain a building permit from the city of Angels community development department for review of site preparation, grading, setbacks, utility installation, encroachments, issuance of a certificate of occupancy and related items reviewed for a single-family residence;

2. Obtain necessary permits and licenses from the California Department of Housing and Community Development for installation;

3. After obtaining the required permits, the owner or contractor shall comply with all requirements of the city building permit and California Health and Safety Code Section 18551(a) as prescribed by the state. (Ord. 525 §1 (Att. A), 2022; Ord. 305 §8, 1990)

17.06.170 17.52.020 Accessory dwellingsbuildings.

A. Living Quarters in Accessory Building. Living and/or sleeping quarters, temporary or permanent, in any building other than the main residential building is prohibited, including such uses as guest rooms, except living quarters that are an aAccessory dwellings and comply with the requirements of are addressed in Chapter 17.61, Accessory Dwellings, shall be permitted.

B. Accessory Building Established Prior to Principal Permitted Use. The principal permitted use shall be constructed in any zone prior to or current with construction of any structure designed as an accessory building or for an accessory use. (Ord. 425 §2, 2005; Ord. 323 §61, 1992)

17.06.180 17.52.030 Emergency shelters.

Emergency shelters are nondiscretionary permitted uses in the CC and SC zoning districts.

Emergency shelters shall meet all of the following nondiscretionary standards:

A. The lot area, height and setback requirements established by the zoning district in which the emergency shelter is located shall apply. Conversions of existing legal nonconforming structures to emergency shelters shall comply with the nonconforming use provisions of the applicable zoning district with respect to lot area, height and setback requirements.

B. The applicant or operator shall submit a management and operation plan for the facility for review and approval by the planning director in consultation with the chief of police prior to issuance of building permits. The plan shall remain active throughout the life of the facility with changes subject to review and approval by the planning director in consultation with chief of police. The plan shall address:

1. Lighting. External lighting sufficient to ensure fully lit parking, gathering, and waiting area.

Lighting shall be directed away from adjacent properties and be shielded and downcast to minimize light leakage on neighboring properties.

2. On-Site Management. On-site management by a qualified professional shall be provided during all hours of operation when clients are present. Each shelter shall be operated by a responsible agency, organization, group or individual with experience managing and/or providing social services. The on-site manager shall be present at the shelter at all times the shelter is in operation and shall have authority to enforce the provisions of the management plan. The plan shall describe the level of training and qualifications required for on-site managers and the ratio of on-site managers to clients.

3. Hours of Operation. Each shelter shall establish and maintain set hours of operation for client intake and discharge. Hours shall be clearly displayed at the entrance to the shelter at all times. On-site managers shall discourage loitering during non-intake hours of operation.

4. Noise. Shelters shall comply with the noise standards established in the general plan.

5. Storage. Specify the number and size of proposed storage facilities for temporary storage of residents’ belongings. Personal effects shall be stored in an enclosed structure unless otherwise specified in the management and operation plan.

6. Security. On-site security shall be provided during the hours the shelter is in operation.

7. Coordination. Coordination between facility staff, law enforcement, and emergency response personnel.

8. Emergency Contact(s). If the landowner of record is not the designated emergency contact, the name of the emergency contact individual (or individuals) that can be reached twenty-four hours a day, seven days a week shall be provided to the city. The city shall make contact information available to emergency response agencies (e.g., police and fire). For protective purposes, this information will be retained only in confidential files and not in any publicly available document for domestic violence shelters.

9. State License. If licensing or similar certification is required by the state for the facility, the shelter shall provide evidence of compliance with the state regulations to the city. For protective purposes, this information will not be retained in any publicly available document for domestic violence shelters.

10. Level of Use. Details related to facility capacity and level of use shall be reported to the city for use in ongoing updates of the city’s general plan housing element and housing needs assessment (approximately once every five years). For protective purposes, this provision does not apply to domestic violence shelters unless such information can be made available without risk to shelter occupants.

11. Pets. Policies regarding pets shall be included in the management and operation plan; kennels, as defined in the municipal code, shall be subject to the same permitting requirements as other uses (including requirements for a discretionary permit).

12. Trash. A screened trash enclosure shall be provided for each shelter. The location and size of the refuse disposal area shall be identified in the plan.

C. Interior Waiting/Intake Area. A separate enclosed interior client waiting room or intake area shall be provided for all shelters. The size of the interior waiting room or intake area shall be no less than one hundred square feet.

D. Exterior waiting or gathering areas shall be fenced, screened and landscaped.

E. The maximum number of beds in each shelter will be limited to the facility’s ability to provide basic sanitation for all clients. A minimum of one shower and one toilet shall be supplied for every eight beds per gender and a private toilet/shower for each family unless more stringent standards are adopted per the applicable building and plumbing codes.

F. Outdoor Cleanliness. Outdoor areas shall be kept clean and free of debris and litter.

G. Off-street parking shall be provided at 0.4 times the lawful occupancy limit.

H. At least one bike rack shall be provided per facility.

I. A new emergency shelter shall not be located closer than three hundred feet from the exterior of an existing emergency shelter.

J. The length of stay for clients shall not exceed six months.

K. Permitted accessory uses for emergency shelters shall include: commercial dining facilities, laundry room(s), recreational/common areas, social and medical services, and child care facilities for current residents. Dining facilities may be subject to additional permitting requirements through the Calaveras County environmental health department.

L. New facilities remain subject to all nondiscretionary requirements of the underlying zoning district including compliance with adopted design standards. Where a discretionary design review process is required for design review in the underlying district, the facility will comply with the applicable adopted design standards in conjunction with issuance of a building permit subject only to review by the planning director and without the necessity of undertaking the formal design review permit process. (Ord. 469 (part), 2015)

17.06.190 17.52.040 Density bonuses.

A. Intent and Purpose. This section is adopted to encourage the provision of affordable housing in compliance with Government Code Sections 65915 through 65918.

B. Definitions. For the purpose of implementing this section, the following definitions apply:

1. Affordable Housing/Affordable Housing Unit. "Affordable housing" or an "affordable housing unit" is a housing unit which is available for sale to moderate income households or for rent to low and/or very low income households, as those terms are defined herein.

2. Affordable Rent. For the purposes of implementing this section, "affordable rent" is the monthly rent charged to low and very low income households for housing units as calculated in accordance with Health and Safety Code Section 50053. For general purposes, affordable rent is generally considered to be thirty percent or less of the county’s1 median income for low or very low income households.

3. Common Interest Subdivision or Development. For the purposes of implementing this section, a "common interest subdivision or development" includes a community apartment project, a condominium project, a planned development or a stock cooperative as those terms are defined in Civil Code Sections 4100 et seq. For general purposes, a common interest subdivision is a development in which an undivided interest in land (common area) is coupled with a separate interest (often an exclusive interest) in occupancy or ownership of a unit (often a dwelling unit, but sometimes a parcel) located thereon.

4. "Concession" shall mean the same as an incentive as defined herein.

5. "Density bonus" means an increase in density over the maximum allowable residential density under the applicable general plan designation2 as of date of filing of an application for a density bonus with the city.

6. "Housing development" means a development project for five or more residential units including a common interest subdivision or development.

7. Incentive. An "incentive" is a reduction in site development standards or modification of a zoning code requirement or architectural design requirement that exceeds the minimum building standards approved by the California Building Standards Commission and detailed in subsection F of this section.

8. Lower Income Household. For the purposes of implementing this section, "lower income households" are as defined in Health and Safety Code Section 50079.5. For general purposes, "lower income households" are persons or families earning less than eighty percent of the county’s3 median income.

9. Moderate Income Household. For the purposes of implementing this section, "moderate income household" is as defined in Health and Safety Code Section 50093. For general purposes, "moderate income households" include persons and families earning less than one hundred twenty percent of the county’s* median income.

10. Senior Housing Development. For the purposes of implementing this section, a "senior housing development" is as defined in Civil Code Section 51.3. For general purposes, a "senior housing development" is a residential development of at least thirty-five dwellings constructed, substantially rehabilitated, or substantially renovated for occupation by persons predominantly fifty-five years of age or older.

11. Senior Mobilehome Park. For the purposes of implementing this section, a "senior mobilehome park" is as defined in Civil Code Section 798-76 or 799.5 that complies with the Federal Fair Housing Act, as amended by Public Law 104-76 (the Housing for Older Persons Act of 1995--HOPA) and HOPA’s implementing regulations. For general purposes, a "senior mobilehome park" is one predominantly occupied by persons fifty-five years of age or older.

12. Very Low Income Household. For the purposes of implementing this section, a "very low income household" is as defined in Health and Safety Code Section 50105. For general purposes, a "very low income household" includes persons and families earning less than fifty percent of the county’s* median income.

C. Application and Processing.

1. Application. In addition to completing the city’s standard land use application, where applicable, a request for a density bonus and/or incentives shall be accompanied by the following where such information has not already been provided in the city’s standard land use application:
a. A site plan identifying all units in the project including the location of the affordable units and/or bonus units.
b. A narrative briefly describing:
i. The total number of units proposed in the project with and without the density bonus;
ii. The number of affordable and/or senior units;
iii. The number of bonus units requested on Table 17.06.190-1; iv. A breakdown of units purposed for moderate income households in a common interest development; or the number of units proposed for occupation by very low income, lower income, or senior households;
v. Any requested incentive(s) including an explanation as to why the incentive(s) is/are necessary for the housing development;
vi. Proposed parking including any deviations from the city code for parking ratios or configuration (see subsection H of this section);
vii. Phasing plan, if applicable, and designating the number of qualifying units to be constructed proportionate to each development phase (see subsection M of this section);
viii. If a land donation is proposed, the application shall identify the following for the proposed donation parcel(s): location, acreage, location of public utilities in relation to the site, pedestrian and vehicular access;
ix. If a child care facility is proposed, the applicant shall show the location and square footage of the proposed facility.
c. Additional information in support of the density bonus or incentive(s) as may be requested by the planning director to rebut the findings in subsection G of this section.

2. Processing. The request for a density bonus and/or incentive(s) shall be processed concurrently with other required entitlement(s) for the project and without the necessity for acquiring any separate discretionary entitlement.

The granting of a density bonus and/or incentive(s) pursuant to this section shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approval.

D. Eligibility for Residential Density Bonus. Density bonuses and incentives provided pursuant to this section are available to housing developments of five or more dwelling units that also meet the criteria in this subsection.

An applicant for a housing development may qualify for a density bonus and at least one other incentive as provided in this section, if the applicant requests and agrees to construct and maintain a housing development containing at least one of the following (excluding any units permitted by the density bonus award pursuant to this section):

1. Five percent of total units for very low income households.

2. Ten percent of total units for lower income households.

3. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income households; provided, that all units in the development are offered to the public for purchase.

4. A senior housing development or senior mobilehome park, as defined herein, that limits residency based on age requirements.

For the purposes of this section, "total units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

E. Calculating Residential Density Bonuses.

1. Density bonuses shall be calculated as follows:

Total # Affordable Housing Units Proposed4 = A
A X [the % Density Bonus Allowed in Table 17.06.190-1] = B Total # of Non-income restricted units proposed in the Housing Development = C A + B + C = Total # Units allowed in Housing Development with the Density Bonus.

2. All density calculations resulting in fractional units shall be rounded up to the next whole number.

3. The total density bonus for a housing development shall not exceed thirty-five percent of the affordable base units. Where a mixture of density bonus categories (i.e., very low, lower, moderate, senior) are provided within a given housing development, and total units within each density bonus category exceed five or more units, resulting density bonuses for each category may be combined so long as the total number of density bonus units for the entire housing development does not exceed thirty-five percent of the total affordable base units. A density bonus may not be awarded twice for the same unit (i.e., a very low income senior apartment shall be considered either a very low income unit or a senior unit for the purposes of calculating a density bonus).

4. For very low, lower income, moderate income and senior housing developments meeting the criteria in subsection D of this section, the following density bonus percentages apply:

Table 17.06.190-1
# Very
Low
Income
Units
Very Low %
Density
Bonus
# Lower
Income
Units
Lower
Income %
Density
Bonus
# Moderate
Income Units
Moderate
Income %
Density
Bonus
# Senior or
MHP/a/ Units
Senior %
Density
Bonus
5 20 5 12.5 5 0 5 20
6 22.5 6 14 6 0 6 20
7 25 7 15.5 7 0 7 20
8 27.5 8 17 8 0 8 20
9 30 9 18.5 9 0 9 20
10 32.5 10 20 10 5 10 20
11 35 11 21.5 11 6 11 20
12 23 12 7 12 20
13 24.5 13 8 13 20
14 26 14 9 14 20
15 27.5 15 10 15 20
16 29 16 11 16 20
Table 17.06.190-1
# Very
Low
Income
Units
Very Low %
Density
Bonus
# Lower
Income
Units
Lower
Income %
Density
Bonus
# Moderate
Income Units
Moderate
Income %
Density
Bonus
# Senior or
MHP/a/ Units
Senior %
Density
Bonus
17 30.5 17 12 17 20
18 32 18 13 18 20
19 33.5 19 14 19 20
20 35 20 15 20 20
21 16 21 20
22 17 22 20
23 18 23 20
24 19 24 20
25 20 25 20
26 21 26 20
27 22 27 20
28 23 28 20
29 24 29 20
30 25 30 20
31 26 31 20
32 27 32 20
33 28 33 20
34 29 34 20
35 30 35 20
36 31 36 20
37 32 37 20
38 33 38 20
39 34 39 20
40 35 40 20
/a/ Senior housing development or senior mobilehome park with residency based on age requirements as defined in this section.

F. Residential Incentives.

1. Number of Incentives Available. A housing development providing affordable housing as defined herein is entitled to receive at least one incentive in addition to the density bonus.

Incentives are available for qualifying housing developments as follows:

Table 17.06.190-2
Number of Incentives Available
Where housing development includes at least the identified % of base units for the indicated income category
One Incentive Two Incentives Three Incentives Additional Incentives 5% very low income; or
10% lower income; or
10% moderate income/a/
10% very low income; or
20% lower income; or
20% moderate income/a/
15% very low income; or
30% lower income; or
30% moderate income/a/
At discretion of the
Planning Commission
subject to City Council
approval (See subsection
(F)(3) of this section)
/a/ Moderate income households in a common interest development.

2. Types of Incentives Available. Where a housing development qualifies for incentives pursuant to this section, the applicant may request one or more incentives in accordance with Table 17.06.190-2.
a. Reduced setbacks;
b. Reduced square footage per unit;
c. Reduced minimum parcel size and/or dimensions;
d. Reduced on-site parking requirements including reductions in guest parking; e. Alternative parking configuration;
f. Increased floor area ratio or lot coverage;
g. Increased height limit subject to review and approval by the appropriate fire safety official;
h. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located;
i. Varied design and square footage of affordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the review authority to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co-housing, live-work housing opportunities, or other types of housing that create shared spaces; j. Other regulatory incentives proposed by the developer or the city resulting in actual cost reductions, including those related to off-site improvements under the jurisdiction of the city and subject to the review and approval of the city engineer and fire safety official, as applicable.

3. Additional Incentives. Incentives in excess of the quantity available pursuant to Table

17.06.190-2 may be granted subject to the issuance of a conditional use permit.

G. Findings for Denying Density Bonus and/or Incentives. The city shall grant the requested density bonus or incentive(s) unless the city makes a written finding, based upon substantial evidence that:

1. The density bonus or incentive(s) would have a specific adverse impact as defined in Government Code Section 65589.5(2)(d) upon public health, safety, or the physical environment or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact(s) without rendering the development unaffordable to very low, lower or moderate income households; or

2. The density bonus or incentive(s) would be contrary to state or federal law.

If neither of the preceding applied, the city shall grant the requested incentive(s) unless the city makes a written finding, based upon substantial evidence that:

3. The incentive is not required in order to provide for affordable housing costs or affordable rents as defined in Health and Safety Code Section 50052.5.

H. Parking Standards. At the written request of the applicant, the city shall apply the following parking standards, inclusive of handicapped and guest parking, for housing developments meeting the criteria in subsection D of this section, as follows:

1. Parking Ratios.
a. Zero to one bedroom: one on-site parking space;
b. Two to three bedrooms: two on-site parking spaces;
c. Four or more bedrooms: two and one-half parking spaces.

2. A development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

3. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

4. An applicant may request parking incentives pursuant to subsection F of this section beyond those provided in this subsection.

I. Density Bonus for Donated Land for Very Low Income Housing.

1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city pursuant to Government Code Section 65915(g) for the provision of very low income housing, the applicant shall be entitled to a density bonus pursuant to Table 17.06.190-3.

Table 17.06.190-3
% Very Low Income Units % Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
This density bonus for donated land shall be in addition to any density bonus allowed pursuant to Table 17.06.190-1, but only up to a maximum combined density increase of thirty-five percent for the entire development if the applicant pursues density bonuses pursuant to both subsections E and I of this section.

2. Eligibility for the density bonus for donated land for very low income housing is subject to all of the requirements set forth in Government Code Section 65915(g)(2)(A) through (H) related to donation timing, developable acreage, zoning classification of land being transferred, minimum size, appropriate general plan land use designation, adequate public facilities and infrastructure, securing necessary development permits, deed restrictions, designating a recipient, distance from the proposed development, and designating a funding source for very low income units.

J. Density Bonus and Incentives for Residential Child Care Facilities.

1. For the purposes of implementing this subsection, "residential child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities and school-age child care centers.

2. When an applicant proposes to construct a residential child care facility on the premises in conjunction with a housing project conforming to the provisions of subsection D of this section, the city shall grant either of the following:
a. An additional density bonus equal to the amount of square feet of residential space that is equal to or greater than the amount of square feet in the residential child care facility; or
b. An additional incentive (subsection F of this section) that contributes significantly to the economic feasibility of the construction of the residential child care facility.

3. A residential child care facility qualifying for a density bonus pursuant to this subsection shall:
a. Remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection L of this section.
b. Of the children that attend the residential child care facility, the children of very low, lower, or moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low, lower or moderate income households pursuant to subsection D of this section.

4. The city is not required to provide a density bonus or incentive for a residential child care facility if it finds, based upon substantial evidence, that the community has adequate residential child care facilities.

K. Density Bonus for Condominium Conversion.

1. Condominium conversion projects pursuant to this section shall be processed in compliance with Title 16, Subdivisions, Sections 16.12.010 and 17.06.230. Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

2. When an applicant for approval to convert apartments to a condominium project agrees to provide at least fifteen percent of total units to lower income households, or at least thirty-three percent of the total units to lower or moderate income households, then the city shall either:
a. Grant a density bonus of twenty-five percent (for the purposes of this subsection, a "density bonus" means an increase in units of twenty-five percent over the total number of apartments proposed for conversion to condominiums); or b. Provide other incentives of equal financial value.

3. An applicant is ineligible for a density bonus or incentive(s) per this subsection if the apartments proposed for conversion are a housing development for which a density bonus or other incentives already were provided pursuant to this section whether previously constructed or not before this section was adopted.

4. When granting a density bonus or incentive(s) pursuant to this subsection, the city may place such reasonable conditions as it finds appropriate including conditions assuring the continued affordability of units to subsequent purchasers of low, lower, or moderate income households.

5. To receive the density bonus or other incentive(s) pursuant to this subsection, the applicant shall agree to pay for the reasonably necessary administrative costs incurred by the city.

6. Nothing in this subsection shall require the city to approve a proposal to convert apartments to condominiums.

L. Affordable Housing and Equity Sharing Agreements Required.

1. Affordable Housing Agreement. In approving a density bonus, the associated entitlement for the housing development or subdivision shall require an affordable housing agreement, or other form of agreement as approved by the city attorney, establishing the terms of affordability of the development and executed prior to issuance of a building permit, filing a final map, or otherwise activating the entitlement. The density bonus request shall include the procedures proposed by the developer to maintain the continued affordability of all affordable income units and shall be evidenced by an affordable agreement as follows:
a. The applicant shall agree to, and the city shall ensure, continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Continued affordability shall require that:
i. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.
ii. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5 except as provided in subsection (L)(1)(b) of this section.
b. An applicant shall agree to, and the city shall ensure that, the initial occupant of the moderate income unit that qualified the applicant for an award of the density bonus is a moderate income household in a common interest development and that the units are offered at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

2. Equity Sharing Agreement for Resale of Moderate Income Units. The applicant shall agree to, and the city shall enforce, an equity sharing agreement (unless in conflict with the requirements of another public funding source or law) where upon resale of the moderate income unit, the seller shall retain the value of any improvements, the seller’s down payment, and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, the amount of which shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2 promoting home ownership.
a. For the purposes of this section, the city’s initial subsidy shall be equal to the fair market value of the home or unit at the time of initial sale minus the initial sale price to the moderate income household plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of resale shall be used as an initial market value. b. For the purposes of this section, the city’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

M. General Requirements for Qualifying Units.

1. Location. Affordable units shall be considered part of the housing development for which the density bonus is granted. To the greatest extent feasible, qualifying affordable units shall be distributed throughout the housing development and mixed with market rate units.

2. Exterior Appearance. The exterior appearance and quality of affordable units shall be similar to market rate units with exterior materials and improvements similar to and architecturally compatible with the market rate units in the housing development.

3. Construction Timing and Phasing. Affordable units shall be constructed concurrently with, or prior to, constructing the market rate units. If a project is phased, qualifying affordable units shall be phased in the same proportion as the market rate units or phased in another sequence acceptable to the city. (Ord. 524 §1 (Att. A), 2022; Ord. 467, 2015)

17.06.200 17.52.050 Reasonable accommodation.

A. Intent and Purpose. In accordance with the Fair Housing Act and with the California Fair Employment and Housing Act, the city provides for reasonable accommodation in the application of zoning regulations to provide equal opportunity to the disabled, as defined in those acts, to use and enjoy a dwelling. Reasonable accommodations shall provide for flexibility in the application of zoning regulations to the development or use of permitted dwellings contained in this title to address the needs of the disabled occupants to fully use a dwelling and shall not constitute a variance from the terms of the zoning ordinance as provided in Chapter 17.75.

B. Application. The owner or his/her agent may make application for a reasonable accommodation for the benefit of the occupant of an existing or proposed dwelling on a form prescribed by the director and submitted to the planning department accompanied by such plans, elevations, and other information as required for evaluation of the applicant’s request, and written statements and evidence identifying:

1. The zoning code provision from which accommodation is being requested; and

2. The basis for the claim that the individual, who is or will be the occupant of the dwelling for which the accommodation is requested, is considered disabled under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual.

C. Processing Request for Reasonable Accommodation.

1. The City planner may administratively approve a request for reasonable accommodation for projects valued at less than $250,000 and CEQA-exempt upon consultation with appropriate advisory agencies, including the city’s building and fire departments, except for those involving exterior alterations in the HC zoning district. Adjoining landowners will be notified of the request only if reasonable accommodation alterations will be visible from the structure’s exterior.

2. At his or her discretion, or if the improvement is valued at greater than $250,000, the city planner may refer the request to the planning commission. If referred to the planning commission, Wwithin forty-five days of receipt of a complete application for a reasonable accommodation, the planning department shall schedule the application for public hearing by the planning commission. The department shall give notice of the hearing in accordance with state law. The commission, within ninety days of receipt of the application from the planning department, shall approve or deny the application.

D. Appeal. The decision of city staff may be appealed to the planning commission within 10 days in accordance with Section 17.81.020. The decision of the planning commission may be appealed to the city council within fifteen ten days of the date of the planning commission’s action in accordance with the process detailed in Sections 17.81.010 and 17.81.030. (Ord. 468, 2015)

17.06.210 17.52.060 Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects.

A. The city of Angels shall comply with the provisions of the Housing Accountability Act as provided in California Government Code Section 65589.5, and as it may be amended.

B. Special Findings for Denying and Conditioning Very Low-, Low- or Moderate-Income Housing, Farmworker Housing, and Emergency Shelters. In accordance with California Government Code Sections 65589.5(d)(1) through (5), and as it may be amended, the city shall not disapprove a housing development project, including farmworker housing as defined in Health and Safety Code Section 50199.7(h), for very low-, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low-, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:

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

2. The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this subsection, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
a. Inconsistency with the zoning ordinance or general plan land use designation. b. The eligibility to claim a welfare exemption under Section 214(g) of the Revenue and Taxation Code; or

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

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

5. The housing development project or emergency shelter is inconsistent with both the city’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Government Code Section 65588 that is in substantial compliance with this section. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter. a. This subsection cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low-, low-, or moderate-income households in the city’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation.
b. If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Government Code Section 65584, then this subsection shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low-, low-, and moderate-income categories.
c. If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in Government Code Section 65583(a)(7), or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by Government Code Section 65583(a)(4), then this subsection shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of Government Code Section 65583(a)(4). (Ord. 522 §1 (Att. A), 2022)

17.06.220 17.52.070 Low barrier navigation centers.5
A. Purpose. The purpose of this section is to implement Government Code Section 65660 et seq., relating to low barrier navigation centers.

B. Definitions. For the purposes of this section, the following definitions shall apply:

1. "Low barrier navigation center" means a housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

2. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;
b. Pets;
c. Storing possessions;
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

3. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Allowed Zones. Low barrier navigation centers shall be allowed as a permitted use in the following zoning districts provided they meet the requirements of subsection D of this section:

1. Special planning zoning district.

2. Public zoning district.

D. Requirements. A low barrier navigation center shall meet all the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by 24 CFR 578.3.

E. Application Procedures. Approval shall be pursuant to the following process:

1. An application shall be submitted to the community development department’s planning division on a form approved by the city planner.

2. The city will notify the applicant within thirty days if the application is complete.

3. The city will act within sixty days of receipt of a completed application.

F. Effective Date. This section shall remain in effect until January 1, 2027, and as of that date is repealed. (Ord. 522 §2 (Att. B), 2022)

17.06.230 17.52.080 Converting multifamily rental units to owned units (condominium conversion).

A. Purposes and Intent. The purposes of this section are to:

1. Establish a process for reviewing the conversion of rental apartments to residential condominiums, community apartments, or stock cooperative type-ownership units;

2. To ensure compliance with local and state codes relative to design and building standards, type of construction, common area maintenance, health and safety requirements, and similar provisions which differ for rental apartments versus residential condominiums, community apartments, and stock cooperative;

3. Maintain a balanced mix of rental and ownership housing ensuring a wide variety of housing choices to meet the city’s needs; and

4. Minimize potential hardships to tenants caused by displacement from rental units converted to owner-occupied units.

B. Conditional Use Permit and Special Findings Required. Prior to approving the conversion of residential multifamily rental units pursuant to this section, a conditional use permit shall first be secured in compliance with Chapter 17.78. In addition to the findings required pursuant to Section 17.78.030, the following findings are additionally required for conditional use permit approval pursuant to this section:

1. The buildings proposed for conversion comply with all applicable provisions of the California Building Standards Code per the city’s chief building official; and

2. All tenant notifications as required by Government Code Section 66427.1 have been made as applicable;

3. And one of the following:
a. Fewer than ten percent of the households in units to be converted are low, very low and extremely low income households (as defined by the California Department of Housing and Community Development’s most recently published income levels) based on an income survey of existing residents conducted by the city at the subdivider’s expense; or
b. The elimination of residential rental units for low, very low and extremely low income households from the city’s housing stock is reduced to less than ten percent of the total units proposed for conversion through implementing one or more of the options provided in subsection E of this section.

C. State Subdivision Map Act Compliance. Applicant shall comply with Section 16.12.010 and all applicable provisions of the State Subdivision Map Act as provided in the California Government Code including noticing requirements as summarized in subsection D of this section.

D. Tenant Notifications and Offers Required Before Final Map Approval.

1. The city council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it makes all of the notifications set forth in Government Code Section 66427.1 to each tenant of the rental apartments proposed for conversion as summarized in the following. This section shall not diminish, limit, or expand, other than as provided in this section, the authority of the city to approve or disapprove condominium projects. The subdivider is responsible for providing notice to prospective tenants in accordance with Government Code Section 66452.17. Subdivider shall provide evidence of receipt of each tenant of the notices required herein. a. Prior to Filing a Tentative Map With the City/Sixty Days. Written notification, in the form provided in Government Code Section 66452.18, of intention to convert, provided at least sixty days prior to the filing of a tentative map pursuant to Government Code Section 66452. Written notices to tenants required by this subsection shall be deemed satisfied if those notices comply with the legal requirements for service by mail. b. Prior to Approving a Tentative Map/Limitation on Evictions/One Hundred Eighty Days. One hundred eighty days’ written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to the form contained in Government Code Section 66452.19, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Civil Code Sections 1941, 1941.1, and 1941.2. c. Subsequent to Approval of a Final Map/Ten Days. Each tenant shall receive written notification by first class mail at least ten days after the approval by the city council of a final map for the proposed conversion. Such notices shall provide an estimate of the length of time prior to eviction.
d. Prior to Filing of Public Report/Ten Days. At least ten days prior to the filing of a public report with the Department of Real Estate, each tenant of the proposed conversion project shall receive by first class mail a written notice that an application for a public report will be submitted to the Department of Real Estate and that such report will be available on request.
e. Upon Receipt of Public Report/Five Days. Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.
f. Exclusive Right to Contract. Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant in the form provided in Government Code Section 66452.20. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Business and Professions Code Section 11018.2, and shall run for a period of not less than ninety days, unless the tenant gives prior written notice of his or her intention not to exercise the right.

2. Required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in the language in which the rental agreement was negotiated.

3. In addition to the provision of the other notice of applications or submittals required by this section, the subdivider shall provide to the occupant of each unit to be converted a copy of the notice for the agenda of the city planning commission and city council hearings at which the application for tentative or final subdivision map will be reviewed at least ten days in advance of the public hearings.

E. Offsetting Tenant Impacts of Conversions. Where ten percent or more of the households in units to be converted are low, very low and extremely low income households, the subdivider shall implement one or more of the following as necessary to offset the total number of units being converted in excess of ten percent. Where used, such options shall require approval by the planning commission in conjunction with the conditional use permit for the project:

1. On-Site Dedication. Retain and dedicate a percentage of units for low, very low and extremely low income households. This option requires recording restrictive covenants for the dedicated units. Subdividers may receive a density bonus from the city pursuant to this chapter to provide sufficient units.

2. Relocation Assistance Program. The subdivider may propose a program assisting tenants displaced through the conversion in relocating to equivalent or better housing subject to review and approval by the planning commission.

3. Alternative Site. The subdivider may offer alternative property under subdivider’s control to relocate tenant(s) to equivalent or better housing subject to review and approval by the planning commission.

4. Financial Assistance.
a. The subdivider may provide special financing to assist low, very low or extremely low income households to purchase a conversion unit(s).
b. Subdivider may provide financial assistance to qualifying tenants to relocate. A qualifying tenant is not entitled to financial assistance pursuant to this subsection if they have been evicted for just cause or have not made rental payments to which the subdivider is legally entitled. Prospective tenants of a conversion project for which a notice of intent to convert has been issued shall not be entitled to tenant financial assistance.

5. Alternative Proposal. The subdivider may propose an alternative program for planning commission consideration. (Ord. 526 §1 (Att. A), 2022)
1 Unless a citywide study has established an alternative median income for this category using a method approved by HCD.
2 Where a general plan land use allows a range of densities, this shall mean the maximum allowable density for the specific zoning district applicable to the project. 3 Unless a citywide study has established an alternative median income for this category using a method approved by HCD.
4 The total number of affordable units plus non-income restricted units cannot exceed general plan density limits when calculating base units.
5Per Section 17.06.220(F), "This section shall remain in effect until January 1, 2027, and as of that date is repealed."

CITY OF ANGELS

CITY COUNCIL
ORDINANCE 534
RELOCATING HOUSING-RELATED CODES TO A NEW ANGELS MUNICIPAL CODE CHAPTER 17.52 (HOUSING) WITH AMENDMENTS TO CHAPTER 17.06.200 (REASONABLE ACCOMMODATION) ALLOWING SOME ADMINISTRATIVE APPROVALS AND CLARIFYING 17.06.170 (ACCESSORY BUILDINGS) THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, the City of Angels City Council finds that it is to the benefit of the City to maintain its municipal code consistent with state law and organized in a manner that is easily accessible to developers and the public; and
WHEREAS, the Planning Commission held a duly no�ced public hearing on September 14, 2023, and received public input on the proposed revisions to the Municipal Code and passed a Resolu�on of Intent recommending adop�on of those changes to the City Council; and WHEREAS, a no�ce of public hearing for the rezonings was published in the Calaveras Enterprise on September 7, 2023; and
WHEREAS, at duly no�ced public hearings on September 19, 2023, and October 3, 2023, the City Council heard and considered public input on the proposed amendment to the municipal code; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 534 reloca�ng housing related codes to a new Angels Municipal Code Chapter 17.52 (Housing) with amendments to Sec�on 17.06.200 (Reasonable Accommoda�on) allowing some administra�ve approvals and clarifying Sec�on 17.06.170 (Accessory buildings) in accordance with Atachment A based on the following findings:

1. The proposal is consistent with the City of Angels Municipal Code.

2. The proposal is consistent with the City of Angels General Plan

3. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

4. 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 Sections 15301 and 1533 of the State and City Guidelines for the implementation of CEQA.

Sec�on 2: The foregoing Ordinance or a summary shall, before the expira�on of fi�een (15) days of its passage, be published with the names of the Council members vo�ng for and against the same once in a newspaper of general circula�on printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days a�er the passage thereof.

The foregoing Ordinance was introduced at a regular mee�ng of the City of Angels City Council held on September 19, 2023, and passed and adopted as an ordinance of said City at a regular mee�ng of said Council held on October 3, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
Chapter 17.52
Housing

17.52.010 Manufactured homes as single-family dwellings.

17.52.020 Accessory dwellings.

17.52.030 Emergency shelters.

17.52.040 Density bonuses.

17.52.050 Reasonable accommodation.

17.52.060 Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects.

17.52.070 Low barrier navigation centers.

17.52.080 Converting multifamily rental units to owned units (condominium conversion).

17.52.010 Manufactured homes as single-family dwellings.

A manufactured home may be located upon any standard residential lot in any residential zone which allows single-family residences subject to the standards contained in this section except that they may not be located on real property that is listed in the California Register of Historic Places pursuant to Government Code Section 65852.3(b).

A. Standards for Construction. The manufactured home shall:

1. Be occupied only as a residential unit;

2. Be subject to the same requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space as required in the zone in which the home is located;

3. Be attached to a permanent foundation system in compliance with all applicable building regulations including California Health and Safety Code Section 18551 (and as may be amended);

4. A manufactured home shall only be located on a permanent foundation system on a single lot if:
a. It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; and
b. Less than ten years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; and
c. It is factory-built housing as defined in California Health and Safety Code Section 19971; and
d. It has not been altered in violation of applicable codes.

5. Have a minimum width of twenty feet excluding garages, porches, patios, eaves, etc.

6. Architecture and design shall incorporate:
a. Siding and roofing materials compatible with the surrounding conventional singlefamily residential development. b. Exterior covering shall extend to the ground, except when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Skirting is prohibited. c. Walkways, driveways, flatwork, hardscaping, and landscaping shall be compatible with surrounding conventional single-family residential development. d. Roofing shall have eave and gable overhangs of not less than one foot measured from the vertical side of the structure and roof pitch of not less than three inches vertical rise for each twelve inches of horizontal run.
e. If an enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage shall be compatible with the main dwelling.

B. Taxation. A manufactured home which has been placed on a permanent foundation system shall be deemed to be subject to local property taxation pursuant to Section 18551 of the California Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

C. Permits. Prior to installation of a manufactured home, the owner or a licensed contractor shall:

1. Obtain a building permit from the city of Angels community development department for review of site preparation, grading, setbacks, utility installation, encroachments, issuance of a certificate of occupancy and related items reviewed for a single-family residence;

2. Obtain necessary permits and licenses from the California Department of Housing and Community Development for installation;

3. After obtaining the required permits, the owner or contractor shall comply with all requirements of the city building permit and California Health and Safety Code Section 18551(a) as prescribed by the state. (Ord. 525 §1 (Att. A), 2022; Ord. 305 §8, 1990)

17.52.020 Accessory dwellings.

Accessory dwellings are addressed in Chapter 17.61.

17.52.030 Emergency shelters.

Emergency shelters are nondiscretionary permitted uses in the CC and SC zoning districts.

Emergency shelters shall meet all of the following nondiscretionary standards:

A. The lot area, height and setback requirements established by the zoning district in which the emergency shelter is located shall apply. Conversions of existing legal nonconforming structures to emergency shelters shall comply with the nonconforming use provisions of the applicable zoning district with respect to lot area, height and setback requirements.

B. The applicant or operator shall submit a management and operation plan for the facility for review and approval by the planning director in consultation with the chief of police prior to issuance of building permits. The plan shall remain active throughout the life of the facility with changes subject to review and approval by the planning director in consultation with chief of police. The plan shall address:

1. Lighting. External lighting sufficient to ensure fully lit parking, gathering, and waiting area.

Lighting shall be directed away from adjacent properties and be shielded and downcast to minimize light leakage on neighboring properties.

2. On-Site Management. On-site management by a qualified professional shall be provided during all hours of operation when clients are present. Each shelter shall be operated by a responsible agency, organization, group or individual with experience managing and/or providing social services. The on-site manager shall be present at the shelter at all times the shelter is in operation and shall have authority to enforce the provisions of the management plan. The plan shall describe the level of training and qualifications required for on-site managers and the ratio of on-site managers to clients.

3. Hours of Operation. Each shelter shall establish and maintain set hours of operation for client intake and discharge. Hours shall be clearly displayed at the entrance to the shelter at all times. On-site managers shall discourage loitering during non-intake hours of operation.

4. Noise. Shelters shall comply with the noise standards established in the general plan.

5. Storage. Specify the number and size of proposed storage facilities for temporary storage of residents’ belongings. Personal effects shall be stored in an enclosed structure unless otherwise specified in the management and operation plan.

6. Security. On-site security shall be provided during the hours the shelter is in operation.

7. Coordination. Coordination between facility staff, law enforcement, and emergency response personnel.

8. Emergency Contact(s). If the landowner of record is not the designated emergency contact, the name of the emergency contact individual (or individuals) that can be reached twenty-four hours a day, seven days a week shall be provided to the city. The city shall make contact information available to emergency response agencies (e.g., police and fire). For protective purposes, this information will be retained only in confidential files and not in any publicly available document for domestic violence shelters.

9. State License. If licensing or similar certification is required by the state for the facility, the shelter shall provide evidence of compliance with the state regulations to the city. For protective purposes, this information will not be retained in any publicly available document for domestic violence shelters.

10. Level of Use. Details related to facility capacity and level of use shall be reported to the city for use in ongoing updates of the city’s general plan housing element and housing needs assessment (approximately once every five years). For protective purposes, this provision does not apply to domestic violence shelters unless such information can be made available without risk to shelter occupants.

11. Pets. Policies regarding pets shall be included in the management and operation plan; kennels, as defined in the municipal code, shall be subject to the same permitting requirements as other uses (including requirements for a discretionary permit).

12. Trash. A screened trash enclosure shall be provided for each shelter. The location and size of the refuse disposal area shall be identified in the plan.

C. Interior Waiting/Intake Area. A separate enclosed interior client waiting room or intake area shall be provided for all shelters. The size of the interior waiting room or intake area shall be no less than one hundred square feet.

D. Exterior waiting or gathering areas shall be fenced, screened and landscaped.

E. The maximum number of beds in each shelter will be limited to the facility’s ability to provide basic sanitation for all clients. A minimum of one shower and one toilet shall be supplied for every eight beds per gender and a private toilet/shower for each family unless more stringent standards are adopted per the applicable building and plumbing codes.

F. Outdoor Cleanliness. Outdoor areas shall be kept clean and free of debris and litter.

G. Off-street parking shall be provided at 0.4 times the lawful occupancy limit.

H. At least one bike rack shall be provided per facility.

I. A new emergency shelter shall not be located closer than three hundred feet from the exterior of an existing emergency shelter.

J. The length of stay for clients shall not exceed six months.

K. Permitted accessory uses for emergency shelters shall include: commercial dining facilities, laundry room(s), recreational/common areas, social and medical services, and child care facilities for current residents. Dining facilities may be subject to additional permitting requirements through the Calaveras County environmental health department.

L. New facilities remain subject to all nondiscretionary requirements of the underlying zoning district including compliance with adopted design standards. Where a discretionary design review process is required for design review in the underlying district, the facility will comply with the applicable adopted design standards in conjunction with issuance of a building permit subject only to review by the planning director and without the necessity of undertaking the formal design review permit process. (Ord. 469 (part), 2015)

17.52.040 Density bonuses.

A. Intent and Purpose. This section is adopted to encourage the provision of affordable housing in compliance with Government Code Sections 65915 through 65918.

B. Definitions. For the purpose of implementing this section, the following definitions apply:

1. Affordable Housing/Affordable Housing Unit. "Affordable housing" or an "affordable housing unit" is a housing unit which is available for sale to moderate income households or for rent to low and/or very low income households, as those terms are defined herein.

2. Affordable Rent. For the purposes of implementing this section, "affordable rent" is the monthly rent charged to low and very low income households for housing units as calculated in accordance with Health and Safety Code Section 50053. For general purposes, affordable rent is generally considered to be thirty percent or less of the county’s1 median income for low or very low income households.

3. Common Interest Subdivision or Development. For the purposes of implementing this section, a "common interest subdivision or development" includes a community apartment project, a condominium project, a planned development or a stock cooperative as those terms are defined in Civil Code Sections 4100 et seq. For general purposes, a common interest subdivision is a development in which an undivided interest in land (common area) is coupled with a separate interest (often an exclusive interest) in occupancy or ownership of a unit (often a dwelling unit, but sometimes a parcel) located thereon.

4. "Concession" shall mean the same as an incentive as defined herein.

5. "Density bonus" means an increase in density over the maximum allowable residential density under the applicable general plan designation2 as of date of filing of an application for a density bonus with the city.

6. "Housing development" means a development project for five or more residential units including a common interest subdivision or development.

7. Incentive. An "incentive" is a reduction in site development standards or modification of a zoning code requirement or architectural design requirement that exceeds the minimum building standards approved by the California Building Standards Commission and detailed in subsection F of this section.

8. Lower Income Household. For the purposes of implementing this section, "lower income households" are as defined in Health and Safety Code Section 50079.5. For general purposes, "lower income households" are persons or families earning less than eighty percent of the county’s3 median income.

9. Moderate Income Household. For the purposes of implementing this section, "moderate income household" is as defined in Health and Safety Code Section 50093. For general purposes, "moderate income households" include persons and families earning less than one hundred twenty percent of the county’s* median income.

10. Senior Housing Development. For the purposes of implementing this section, a "senior housing development" is as defined in Civil Code Section 51.3. For general purposes, a "senior housing development" is a residential development of at least thirty-five dwellings constructed, substantially rehabilitated, or substantially renovated for occupation by persons predominantly fifty-five years of age or older.

11. Senior Mobilehome Park. For the purposes of implementing this section, a "senior mobilehome park" is as defined in Civil Code Section 798-76 or 799.5 that complies with the Federal Fair Housing Act, as amended by Public Law 104-76 (the Housing for Older Persons Act of 1995--HOPA) and HOPA’s implementing regulations. For general purposes, a "senior mobilehome park" is one predominantly occupied by persons fifty-five years of age or older.

12. Very Low Income Household. For the purposes of implementing this section, a "very low income household" is as defined in Health and Safety Code Section 50105. For general purposes, a "very low income household" includes persons and families earning less than fifty percent of the county’s* median income.

C. Application and Processing.

1. Application. In addition to completing the city’s standard land use application, where applicable, a request for a density bonus and/or incentives shall be accompanied by the following where such information has not already been provided in the city’s standard land use application:
a. A site plan identifying all units in the project including the location of the affordable units and/or bonus units.
b. A narrative briefly describing:
i. The total number of units proposed in the project with and without the density bonus;
ii. The number of affordable and/or senior units;
iii. The number of bonus units requested on Table 17.06.190-1; iv. A breakdown of units purposed for moderate income households in a common interest development; or the number of units proposed for occupation by very low income, lower income, or senior households;
v. Any requested incentive(s) including an explanation as to why the incentive(s) is/are necessary for the housing development;
vi. Proposed parking including any deviations from the city code for parking ratios or configuration (see subsection H of this section);
vii. Phasing plan, if applicable, and designating the number of qualifying units to be constructed proportionate to each development phase (see subsection M of this section);
viii. If a land donation is proposed, the application shall identify the following for the proposed donation parcel(s): location, acreage, location of public utilities in relation to the site, pedestrian and vehicular access;
ix. If a child care facility is proposed, the applicant shall show the location and square footage of the proposed facility.
c. Additional information in support of the density bonus or incentive(s) as may be requested by the planning director to rebut the findings in subsection G of this section.

2. Processing. The request for a density bonus and/or incentive(s) shall be processed concurrently with other required entitlement(s) for the project and without the necessity for acquiring any separate discretionary entitlement.

The granting of a density bonus and/or incentive(s) pursuant to this section shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approval.

D. Eligibility for Residential Density Bonus. Density bonuses and incentives provided pursuant to this section are available to housing developments of five or more dwelling units that also meet the criteria in this subsection.

An applicant for a housing development may qualify for a density bonus and at least one other incentive as provided in this section, if the applicant requests and agrees to construct and maintain a housing development containing at least one of the following (excluding any units permitted by the density bonus award pursuant to this section):

1. Five percent of total units for very low income households.

2. Ten percent of total units for lower income households.

3. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income households; provided, that all units in the development are offered to the public for purchase.

4. A senior housing development or senior mobilehome park, as defined herein, that limits residency based on age requirements.

For the purposes of this section, "total units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

E. Calculating Residential Density Bonuses.

1. Density bonuses shall be calculated as follows:

Total # Affordable Housing Units Proposed4 = A
A X [the % Density Bonus Allowed in Table 17.06.190-1] = B Total # of Non-income restricted units proposed in the Housing Development = C A + B + C = Total # Units allowed in Housing Development with the Density Bonus.

2. All density calculations resulting in fractional units shall be rounded up to the next whole number.

3. The total density bonus for a housing development shall not exceed thirty-five percent of the affordable base units. Where a mixture of density bonus categories (i.e., very low, lower, moderate, senior) are provided within a given housing development, and total units within each density bonus category exceed five or more units, resulting density bonuses for each category may be combined so long as the total number of density bonus units for the entire housing development does not exceed thirty-five percent of the total affordable base units. A density bonus may not be awarded twice for the same unit (i.e., a very low income senior apartment shall be considered either a very low income unit or a senior unit for the purposes of calculating a density bonus).

4. For very low, lower income, moderate income and senior housing developments meeting the criteria in subsection D of this section, the following density bonus percentages apply:

Table 17.06.190-1
# Very
Low
Income
Units
Very Low %
Density
Bonus
# Lower
Income
Units
Lower
Income %
Density
Bonus
# Moderate
Income Units
Moderate
Income %
Density
Bonus
# Senior or
MHP/a/ Units
Senior %
Density
Bonus
5 20 5 12.5 5 0 5 20
6 22.5 6 14 6 0 6 20
7 25 7 15.5 7 0 7 20
8 27.5 8 17 8 0 8 20
9 30 9 18.5 9 0 9 20
10 32.5 10 20 10 5 10 20
11 35 11 21.5 11 6 11 20
12 23 12 7 12 20
13 24.5 13 8 13 20
14 26 14 9 14 20
15 27.5 15 10 15 20
16 29 16 11 16 20
17 30.5 17 12 17 20
18 32 18 13 18 20
19 33.5 19 14 19 20
20 35 20 15 20 20
21 16 21 20
22 17 22 20
23 18 23 20
Table 17.06.190-1
# Very
Low
Income
Units
Very Low %
Density
Bonus
# Lower
Income
Units
Lower
Income %
Density
Bonus
# Moderate
Income Units
Moderate
Income %
Density
Bonus
# Senior or
MHP/a/ Units
Senior %
Density
Bonus
24 19 24 20
25 20 25 20
26 21 26 20
27 22 27 20
28 23 28 20
29 24 29 20
30 25 30 20
31 26 31 20
32 27 32 20
33 28 33 20
34 29 34 20
35 30 35 20
36 31 36 20
37 32 37 20
38 33 38 20
39 34 39 20
40 35 40 20
/a/ Senior housing development or senior mobilehome park with residency based on age requirements as defined in this section.

F. Residential Incentives.

1. Number of Incentives Available. A housing development providing affordable housing as defined herein is entitled to receive at least one incentive in addition to the density bonus.

Incentives are available for qualifying housing developments as follows:

Table 17.06.190-2
Number of Incentives Available
Where housing development includes at least the identified % of base units for the indicated income category
One Incentive Two Incentives Three Incentives Additional Incentives 5% very low income; or
10% lower income; or
10% moderate income/a/
10% very low income; or
20% lower income; or
20% moderate income/a/
15% very low income; or
30% lower income; or
30% moderate income/a/
At discretion of the
Planning Commission
subject to City Council
approval (See subsection
(F)(3) of this section)
/a/ Moderate income households in a common interest development.

2. Types of Incentives Available. Where a housing development qualifies for incentives pursuant to this section, the applicant may request one or more incentives in accordance with Table 17.06.190-2.
a. Reduced setbacks;
b. Reduced square footage per unit;
c. Reduced minimum parcel size and/or dimensions;
d. Reduced on-site parking requirements including reductions in guest parking; e. Alternative parking configuration;
f. Increased floor area ratio or lot coverage;
g. Increased height limit subject to review and approval by the appropriate fire safety official;
h. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located;
i. Varied design and square footage of affordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the review authority to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co-housing, live-work housing opportunities, or other types of housing that create shared spaces; j. Other regulatory incentives proposed by the developer or the city resulting in actual cost reductions, including those related to off-site improvements under the jurisdiction of the city and subject to the review and approval of the city engineer and fire safety official, as applicable.

3. Additional Incentives. Incentives in excess of the quantity available pursuant to Table

17.06.190-2 may be granted subject to the issuance of a conditional use permit.

G. Findings for Denying Density Bonus and/or Incentives. The city shall grant the requested density bonus or incentive(s) unless the city makes a written finding, based upon substantial evidence that:

1. The density bonus or incentive(s) would have a specific adverse impact as defined in Government Code Section 65589.5(2)(d) upon public health, safety, or the physical environment or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact(s) without rendering the development unaffordable to very low, lower or moderate income households; or

2. The density bonus or incentive(s) would be contrary to state or federal law.

If neither of the preceding applied, the city shall grant the requested incentive(s) unless the city makes a written finding, based upon substantial evidence that:

3. The incentive is not required in order to provide for affordable housing costs or affordable rents as defined in Health and Safety Code Section 50052.5.

H. Parking Standards. At the written request of the applicant, the city shall apply the following parking standards, inclusive of handicapped and guest parking, for housing developments meeting the criteria in subsection D of this section, as follows:

1. Parking Ratios.
a. Zero to one bedroom: one on-site parking space;
b. Two to three bedrooms: two on-site parking spaces;
c. Four or more bedrooms: two and one-half parking spaces.

2. A development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

3. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

4. An applicant may request parking incentives pursuant to subsection F of this section beyond those provided in this subsection.

I. Density Bonus for Donated Land for Very Low Income Housing.

1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city pursuant to Government Code Section 65915(g) for the provision of very low income housing, the applicant shall be entitled to a density bonus pursuant to Table 17.06.190-3.

Table 17.06.190-3
% Very Low Income Units % Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
This density bonus for donated land shall be in addition to any density bonus allowed pursuant to Table 17.06.190-1, but only up to a maximum combined density increase of thirty-five percent for the entire development if the applicant pursues density bonuses pursuant to both subsections E and I of this section.

2. Eligibility for the density bonus for donated land for very low income housing is subject to all of the requirements set forth in Government Code Section 65915(g)(2)(A) through (H) related to donation timing, developable acreage, zoning classification of land being transferred, minimum size, appropriate general plan land use designation, adequate public facilities and infrastructure, securing necessary development permits, deed restrictions, designating a recipient, distance from the proposed development, and designating a funding source for very low income units.

J. Density Bonus and Incentives for Residential Child Care Facilities.

1. For the purposes of implementing this subsection, "residential child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities and school-age child care centers.

2. When an applicant proposes to construct a residential child care facility on the premises in conjunction with a housing project conforming to the provisions of subsection D of this section, the city shall grant either of the following:
a. An additional density bonus equal to the amount of square feet of residential space that is equal to or greater than the amount of square feet in the residential child care facility; or
b. An additional incentive (subsection F of this section) that contributes significantly to the economic feasibility of the construction of the residential child care facility.

3. A residential child care facility qualifying for a density bonus pursuant to this subsection shall:
a. Remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection L of this section.
b. Of the children that attend the residential child care facility, the children of very low, lower, or moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low, lower or moderate income households pursuant to subsection D of this section.

4. The city is not required to provide a density bonus or incentive for a residential child care facility if it finds, based upon substantial evidence, that the community has adequate residential child care facilities.

K. Density Bonus for Condominium Conversion.

1. Condominium conversion projects pursuant to this section shall be processed in compliance with Title 16, Subdivisions, Sections 16.12.010 and 17.06.230. Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

2. When an applicant for approval to convert apartments to a condominium project agrees to provide at least fifteen percent of total units to lower income households, or at least thirty-three percent of the total units to lower or moderate income households, then the city shall either:
a. Grant a density bonus of twenty-five percent (for the purposes of this subsection, a "density bonus" means an increase in units of twenty-five percent over the total number of apartments proposed for conversion to condominiums); or b. Provide other incentives of equal financial value.

3. An applicant is ineligible for a density bonus or incentive(s) per this subsection if the apartments proposed for conversion are a housing development for which a density bonus or other incentives already were provided pursuant to this section whether previously constructed or not before this section was adopted.

4. When granting a density bonus or incentive(s) pursuant to this subsection, the city may place such reasonable conditions as it finds appropriate including conditions assuring the continued affordability of units to subsequent purchasers of low, lower, or moderate income households.

5. To receive the density bonus or other incentive(s) pursuant to this subsection, the applicant shall agree to pay for the reasonably necessary administrative costs incurred by the city.

6. Nothing in this subsection shall require the city to approve a proposal to convert apartments to condominiums.

L. Affordable Housing and Equity Sharing Agreements Required.

1. Affordable Housing Agreement. In approving a density bonus, the associated entitlement for the housing development or subdivision shall require an affordable housing agreement, or other form of agreement as approved by the city attorney, establishing the terms of affordability of the development and executed prior to issuance of a building permit, filing a final map, or otherwise activating the entitlement. The density bonus request shall include the procedures proposed by the developer to maintain the continued affordability of all affordable income units and shall be evidenced by an affordable agreement as follows:
a. The applicant shall agree to, and the city shall ensure, continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Continued affordability shall require that:
i. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.
ii. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5 except as provided in subsection (L)(1)(b) of this section.
b. An applicant shall agree to, and the city shall ensure that, the initial occupant of the moderate income unit that qualified the applicant for an award of the density bonus is a moderate income household in a common interest development and that the units are offered at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

2. Equity Sharing Agreement for Resale of Moderate Income Units. The applicant shall agree to, and the city shall enforce, an equity sharing agreement (unless in conflict with the requirements of another public funding source or law) where upon resale of the moderate income unit, the seller shall retain the value of any improvements, the seller’s down payment, and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, the amount of which shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2 promoting home ownership.
a. For the purposes of this section, the city’s initial subsidy shall be equal to the fair market value of the home or unit at the time of initial sale minus the initial sale price to the moderate income household plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of resale shall be used as an initial market value. b. For the purposes of this section, the city’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

M. General Requirements for Qualifying Units.

1. Location. Affordable units shall be considered part of the housing development for which the density bonus is granted. To the greatest extent feasible, qualifying affordable units shall be distributed throughout the housing development and mixed with market rate units.

2. Exterior Appearance. The exterior appearance and quality of affordable units shall be similar to market rate units with exterior materials and improvements similar to and architecturally compatible with the market rate units in the housing development.

3. Construction Timing and Phasing. Affordable units shall be constructed concurrently with, or prior to, constructing the market rate units. If a project is phased, qualifying affordable units shall be phased in the same proportion as the market rate units or phased in another sequence acceptable to the city. (Ord. 524 §1 (Att. A), 2022; Ord. 467, 2015)

17.52.050 Reasonable accommodation.

A. Intent and Purpose. In accordance with the Fair Housing Act and with the California Fair Employment and Housing Act, the city provides for reasonable accommodation in the application of zoning regulations to provide equal opportunity to the disabled, as defined in those acts, to use and enjoy a dwelling. Reasonable accommodations shall provide for flexibility in the application of zoning regulations to the development or use of permitted dwellings contained in this title to address the needs of the disabled occupants to fully use a dwelling and shall not constitute a variance from the terms of the zoning ordinance as provided in Chapter 17.75.

B. Application. The owner or his/her agent may make application for a reasonable accommodation for the benefit of the occupant of an existing or proposed dwelling on a form prescribed by the director and submitted to the planning department accompanied by such plans, elevations, and other information as required for evaluation of the applicant’s request, and written statements and evidence identifying:

1. The zoning code provision from which accommodation is being requested; and

2. The basis for the claim that the individual, who is or will be the occupant of the dwelling for which the accommodation is requested, is considered disabled under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual.

C. Processing Request for Reasonable Accommodation.

1. The City planner may administratively approve a request for reasonable accommodation for projects valued at less than $250,000 and CEQA-exempt upon consultation with appropriate advisory agencies, including the city’s building and fire departments, except for those involving exterior alterations in the HC zoning district. Adjoining landowners will be notified of the request only if reasonable accommodation alterations will be visible from the structure’s exterior.

2. At his or her discretion, or if the improvement is valued at greater than $250,000, the city planner may refer the request to the planning commission. If referred to the planning commission, within forty-five days of receipt of a complete application for a reasonable accommodation, the planning department shall schedule the application for public hearing by the planning commission. The department shall give notice of the hearing in accordance with state law. The commission, within ninety days of receipt of the application from the planning department, shall approve or deny the application.

D. Appeal. The decision of city staff may be appealed to the planning commission within 10 days in accordance with Section 17.81.020. The decision of the planning commission may be appealed to the city council within ten days of the date of the planning commission’s action in accordance with the process detailed in Section 17.81.010 . (Ord. 468, 2015)

17.52.060 Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects.

A. The city of Angels shall comply with the provisions of the Housing Accountability Act as provided in California Government Code Section 65589.5, and as it may be amended.

B. Special Findings for Denying and Conditioning Very Low-, Low- or Moderate-Income Housing, Farmworker Housing, and Emergency Shelters. In accordance with California Government Code Sections 65589.5(d)(1) through (5), and as it may be amended, the city shall not disapprove a housing development project, including farmworker housing as defined in Health and Safety Code Section 50199.7(h), for very low-, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low-, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:

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

2. The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this subsection, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
a. Inconsistency with the zoning ordinance or general plan land use designation. b. The eligibility to claim a welfare exemption under Section 214(g) of the Revenue and Taxation Code; or

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

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

5. The housing development project or emergency shelter is inconsistent with both the city’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Government Code Section 65588 that is in substantial compliance with this section. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter. a. This subsection cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low-, low-, or moderate-income households in the city’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation.
b. If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Government Code Section 65584, then this subsection shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low-, low-, and moderate-income categories.
c. If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in Government Code Section 65583(a)(7), or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by Government Code Section 65583(a)(4), then this subsection shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of Government Code Section 65583(a)(4). (Ord. 522 §1 (Att. A), 2022)

17.52.070 Low barrier navigation centers.5
A. Purpose. The purpose of this section is to implement Government Code Section 65660 et seq., relating to low barrier navigation centers.

B. Definitions. For the purposes of this section, the following definitions shall apply:

1. "Low barrier navigation center" means a housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

2. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;
b. Pets;
c. Storing possessions;
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

3. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to 24 CFR 576.400(d) or 24 CFR 578.7(a)(8), as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Allowed Zones. Low barrier navigation centers shall be allowed as a permitted use in the following zoning districts provided they meet the requirements of subsection D of this section:

1. Special planning zoning district.

2. Public zoning district.

D. Requirements. A low barrier navigation center shall meet all the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by 24 CFR 578.3.

E. Application Procedures. Approval shall be pursuant to the following process:

1. An application shall be submitted to the community development department’s planning division on a form approved by the city planner.

2. The city will notify the applicant within thirty days if the application is complete.

3. The city will act within sixty days of receipt of a completed application.

F. Effective Date. This section shall remain in effect until January 1, 2027, and as of that date is repealed. (Ord. 522 §2 (Att. B), 2022)

17.52.080 Converting multifamily rental units to owned units (condominium conversion).

A. Purposes and Intent. The purposes of this section are to:

1. Establish a process for reviewing the conversion of rental apartments to residential condominiums, community apartments, or stock cooperative type-ownership units;

2. To ensure compliance with local and state codes relative to design and building standards, type of construction, common area maintenance, health and safety requirements, and similar provisions which differ for rental apartments versus residential condominiums, community apartments, and stock cooperative;

3. Maintain a balanced mix of rental and ownership housing ensuring a wide variety of housing choices to meet the city’s needs; and

4. Minimize potential hardships to tenants caused by displacement from rental units converted to owner-occupied units.

B. Conditional Use Permit and Special Findings Required. Prior to approving the conversion of residential multifamily rental units pursuant to this section, a conditional use permit shall first be secured in compliance with Chapter 17.78. In addition to the findings required pursuant to Section 17.78.030, the following findings are additionally required for conditional use permit approval pursuant to this section:

1. The buildings proposed for conversion comply with all applicable provisions of the California Building Standards Code per the city’s chief building official; and

2. All tenant notifications as required by Government Code Section 66427.1 have been made as applicable;

3. And one of the following:
a. Fewer than ten percent of the households in units to be converted are low, very low and extremely low income households (as defined by the California Department of Housing and Community Development’s most recently published income levels) based on an income survey of existing residents conducted by the city at the subdivider’s expense; or
b. The elimination of residential rental units for low, very low and extremely low income households from the city’s housing stock is reduced to less than ten percent of the total units proposed for conversion through implementing one or more of the options provided in subsection E of this section.

C. State Subdivision Map Act Compliance. Applicant shall comply with Section 16.12.010 and all applicable provisions of the State Subdivision Map Act as provided in the California Government Code including noticing requirements as summarized in subsection D of this section.

D. Tenant Notifications and Offers Required Before Final Map Approval.

1. The city council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it makes all of the notifications set forth in Government Code Section 66427.1 to each tenant of the rental apartments proposed for conversion as summarized in the following. This section shall not diminish, limit, or expand, other than as provided in this section, the authority of the city to approve or disapprove condominium projects. The subdivider is responsible for providing notice to prospective tenants in accordance with Government Code Section 66452.17. Subdivider shall provide evidence of receipt of each tenant of the notices required herein. a. Prior to Filing a Tentative Map With the City/Sixty Days. Written notification, in the form provided in Government Code Section 66452.18, of intention to convert, provided at least sixty days prior to the filing of a tentative map pursuant to Government Code Section 66452. Written notices to tenants required by this subsection shall be deemed satisfied if those notices comply with the legal requirements for service by mail. b. Prior to Approving a Tentative Map/Limitation on Evictions/One Hundred Eighty Days. One hundred eighty days’ written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to the form contained in Government Code Section 66452.19, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Civil Code Sections 1941, 1941.1, and 1941.2. c. Subsequent to Approval of a Final Map/Ten Days. Each tenant shall receive written notification by first class mail at least ten days after the approval by the city council of a final map for the proposed conversion. Such notices shall provide an estimate of the length of time prior to eviction.
d. Prior to Filing of Public Report/Ten Days. At least ten days prior to the filing of a public report with the Department of Real Estate, each tenant of the proposed conversion project shall receive by first class mail a written notice that an application for a public report will be submitted to the Department of Real Estate and that such report will be available on request.
e. Upon Receipt of Public Report/Five Days. Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.
f. Exclusive Right to Contract. Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant in the form provided in Government Code Section 66452.20. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Business and Professions Code Section 11018.2, and shall run for a period of not less than ninety days, unless the tenant gives prior written notice of his or her intention not to exercise the right.

2. Required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in the language in which the rental agreement was negotiated.

3. In addition to the provision of the other notice of applications or submittals required by this section, the subdivider shall provide to the occupant of each unit to be converted a copy of the notice for the agenda of the city planning commission and city council hearings at which the application for tentative or final subdivision map will be reviewed at least ten days in advance of the public hearings.

E. Offsetting Tenant Impacts of Conversions. Where ten percent or more of the households in units to be converted are low, very low and extremely low income households, the subdivider shall implement one or more of the following as necessary to offset the total number of units being converted in excess of ten percent. Where used, such options shall require approval by the planning commission in conjunction with the conditional use permit for the project:

1. On-Site Dedication. Retain and dedicate a percentage of units for low, very low and extremely low income households. This option requires recording restrictive covenants for the dedicated units. Subdividers may receive a density bonus from the city pursuant to this chapter to provide sufficient units.

2. Relocation Assistance Program. The subdivider may propose a program assisting tenants displaced through the conversion in relocating to equivalent or better housing subject to review and approval by the planning commission.

3. Alternative Site. The subdivider may offer alternative property under subdivider’s control to relocate tenant(s) to equivalent or better housing subject to review and approval by the planning commission.

4. Financial Assistance.
a. The subdivider may provide special financing to assist low, very low or extremely low income households to purchase a conversion unit(s).
b. Subdivider may provide financial assistance to qualifying tenants to relocate. A qualifying tenant is not entitled to financial assistance pursuant to this subsection if they have been evicted for just cause or have not made rental payments to which the subdivider is legally entitled. Prospective tenants of a conversion project for which a notice of intent to convert has been issued shall not be entitled to tenant financial assistance.

5. Alternative Proposal. The subdivider may propose an alternative program for planning commission consideration. (Ord. 526 §1 (Att. A), 2022)
1 Unless a citywide study has established an alternative median income for this category using a method approved by HCD.
2 Where a general plan land use allows a range of densities, this shall mean the maximum allowable density for the specific zoning district applicable to the project. 3 Unless a citywide study has established an alternative median income for this category using a method approved by HCD.
4 The total number of affordable units plus non-income restricted units cannot exceed general plan density limits when calculating base units.
5Per Section 17.06.220(F), "This section shall remain in effect until January 1, 2027, and as of that date is repealed."

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Create Chapter 17.78 (City Planner Conditional Use Permit Approvals) - 1 DATE: September 19, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Introduce Ordinance 535, waive the first reading, hold a public hearing and schedule October 3, 2023, to consider adopting Ordinance 535 amending Chapter 17.78 to allow the City Planner discretion to approve certain conditional use permits administratively

RECOMMENDATION
Introduce Ordinance 535, waive the first reading, hold a public hearing and schedule October 3, 2023, to consider adopting Ordinance 535 allowing the City Planner discretion to approve conditional use permits for projects valued at less than $250,000 and exempt from the California Environmental Quality Act.

The City Council may, on October 3, 2023:

A. Approve Ordinance 535 as presented, or
B. Approve Ordinance 535 with amendments, or
C. Return Ordinance 535 to staff for additional changes, or D. Deny Ordinance 535.

BACKGROUND
Permitted uses in the historical commercial (HC), community commercial (CC), shopping center commercial (SC), business attraction and expansion (BAE), industrial (IND), R-2 (medium density residential), R-3 (high density residential), and recreational (REC) zoning districts already includes provisions allowing for the City Planner to approve a site plan review (an administrative action) when the project valuation is less than $500,000.

Planning Commission review is required for site development permits per 17.74 when projects are valued at $500,000 or above).

For conditional uses, Angels Municipal Code (AMC) Section 17.78 allows the City Planner to administratively approve only administrative conditional use permits, but not conditional use permits, regardless of project valuation. However, staff has encountered small business applications for proposed new occupancies in existing vacant structures (or requests to relocate existing businesses from one building to another) with uses that require a conditional use permit and must be forwarded to the Planning Commission for a public hearing.

The added time involved in this process (30-60 days) can discourage new small businesses from locating in existing vacant buildings. To address this issue, staff is proposing to allow the City Planner the option to administratively approve conditional uses requiring a conditional use permit where the overall project is valued at less than $250,000 and the project is exempt from the State and City Guidelines for the implementation of CEQA.
7C

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Create Chapter 17.78 (City Planner Conditional Use Permit Approvals) - 2 The Planning Commission considered Resolution of Intent 23-14 at a public hearing on September 14, 2023, for this item. The recommendations of the Planning Commission will be provided at the September 19, 2023, City Council meeting.

ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to code amendments shall be made upon the following findings of fact:

A. The proposed change or amendment is consistent with the city of Angels Municipal Code; and B. The proposed change or amendment is consistent with the city of Angels general plan; and C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Findings A &B – Consistency with the Angels Municipal Code and General Plan The proposed code amendment will assist in implementing the following General Plan 2020 goals, policies and programs from General Plan 2020’s Economic Development Element:

Policy 10.A.3 Continue to maintain an efficient permit processing system at the city.

Implementation Program 10.C.f Support Business Retention …review the city’s municipal code to determine if there are provisions that may discourage retention and growth of existing businesses within Angels Camp; where appropriate, propose amendments to the municipal code that will encourage the growth and retention of existing businesses.

The proposed amendment to AMC Sections 17.78.027 and 17.78.028 will expedite approval of conditional use permit requests in support of an efficient permit processing system and assisting in encouraging the retention and growth of existing businesses in Angels Camp. The proposed municipal code changes will implement the general plan. Based on the preceding, Findings A and B can be made.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

The proposed amendment does not alter requirements to notify advisory agencies or adjoining landowners and retains the ability of interested parties to appeal staff decisions. No physical changes will occur as a result of the amendment, only the process by which approvals for small, CEQA-exempt projects may occur. Therefore, this finding can be made.

ENVIRONMENTAL FINDINGS:

The proposed change applies only to projects exempt from the state and city guidelines for the implementation of the California Environmental Quality Act (CEQA), therefore, projects resulting from the code change can only be exempt from CEQA.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Create Chapter 17.78 (City Planner Conditional Use Permit Approvals) - 3 ATTACHMENT:

A. Resolution of Intent 23-14 with Attachment A (redline/strikeout) version of Chapter 17.78 (Conditional Use Permits)
B. Ordinance 535 with Attachment A (clean version of Chapter 17.78)

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-14

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL AMENDING ANGELS MUNICIPAL CODE CHAPTER 17.78 TO ALLOW THE CITY PLANNER TO APPROVE CERTAIN

CONDITIONAL USE PERMITS ADMINISTRATIVELY

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 provide expedited review procedures where possible; and
WHEREAS, a notice of public hearing for the proposed action was published August 31, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 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 amendment applies only to projects that are CEQA exempt;

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending Angels Municipal Code Chapter 17.78 in accordance with Attachment 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 September 14, 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 14th day of September, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder
Chairman
Caytlyn Schaner
Deputy City Clerk
Chapter 17.78
CONDITIONAL USE PERMITS1
Sections:

17.78.010 Purpose.

17.78.020 Application and procedure.

17.78.025 Conditional use permits--Planning commission action required.

17.78.027 Administrative conditional use permits.

17.78.030 Required findings.

17.78.040 Conditions.

17.78.050 Denial, appeal, resubmittal.

17.78.060 Effective date, activation, expiration and extensions, revocation.

17.78.010 Purpose.

Conditional use permits (use permits) are required to allow public review and city discretion in the control of certain uses which may be necessary but which may cause public concern, affect property values or disturb the character of a neighborhood if they are not carefully located and designed. The use permit process is necessary to carry out review and exercise discretion over this category of potentially inappropriate or incompatible uses. Conditional use permits may be approved or denied by the planning commission. Administrative conditional use permits may be approved or denied by the city planner. Use permits are usually conditional when they are approved. They may be revocable or valid for a term period. Guarantees to ensure compliance with terms and conditions may be required. (Ord. 510 §7, 2021; Ord. 493 §2, 2019: Ord. 323 §48(part), 1992)

17.78.020 Application and procedure.

All applications for permits as required by this chapter shall be in writing, filed in the office of the community development department and upon a form prescribed by and furnished by the community development department. Upon receipt of an application, city staff shall review it and, if they find that it is complete, they shall so certify. The application shall contain the required information as determined by the city planner and be processed according to procedures established by the community development department. Applications for development plans shall conform to all applicable standards and requirements of this title such as landscaping, off-street parking and street improvements unless a waiver is applicable and is obtained. Likewise, such applications shall conform to all other applicable standards and requirements as may be contained in other titles within the municipal code. (Ord. 510 §7, 2021; Ord. 493 §3, 2019: Ord. 323 §48(part), 1992)

17.78.025 Conditional use permits--Planning commission
action required.

Conditional use permit applications shall be subject to a duly noticed public hearing before the planning commission prior to consideration of approval, conditional approval or denial by the commission except as provided in Section 17.78.027. (Ord. 510 §7, 2021; Ord. 493 §4, 2019:

Ord. 323 §48(part), 1992)

17.78.027 Conditional use permits /Administrative conditional use permits – city planner issuance.

A. The city planner may approve or deny a conditional use permit for a project valued at less than $250,000 and CEQA Exempt pursuant to the state and city guidelines for the implementation of CEQA, except for those involving exterior alterations in the HC zoning district.

Before approving or conditionally approving an application, the city planner shall make the findings in Section 17.78.030 and may impose conditions in accordance with Section 17.78.040.

The city planner may refer the project to the planning commission at his or her discretion. If the city is without a city planner, the use permit shall be referred to the planning commission.

Decisions of the city planner may be appealed to the planning commission in accordance with the procedures of Section 17.81.020.

B. The city planner may approve or deny an administrative conditional use permits. Decisions of the city planner may be appealed to the planning commission in accordance with the procedures of Section 17.81.020. Prior to approval or denial, the community development department will notify property owners within three hundred feet of the proposed project.

Should any reply be received in response to this notice, the respondent shall be notified of the issuance or denial of the permit by the city planner and procedures for appeal. (Ord. 510 §7, 2021; Ord. 493 §5, 2019)

17.78.030 Required findings.

Any approval of conditional use permits shall be by affirmative vote of not less than a majority of all voting members, except as otherwise provided in Section 17.78.027. No use permit shall be granted by the planning commission, city council or city planner unless all the following findings can be made:

A. The proposed use is consistent with the city of Angels Municipal Code; and B. The proposed use is consistent with the city of Angels general plan; and C. The proposed use will not overburden existing municipal facilities; and D. The size and terrain of the parcel are suitable for the proposed use; and E. Under the circumstances of the particular case, the proposed use will not be substantially detrimental to the health, safety, or general welfare of persons in the neighborhood of such proposed use or be substantially detrimental or injurious to property and improvements in the neighborhood;
F. Where a site development permit or administrative site plan review is waived in accordance with Sections 17.73.030(F) or 17.74.030(F), the following finding also shall be made:

1. The proposed use and design are consistent with adopted city design standards, codes, adopted city short- and long-range plans, and accepted planning and engineering practices. (Ord. 510 §7, 2021; Ord. 493 §6, 2019: Ord. 323 §48(part), 1992)

17.78.040 Conditions.

In approving a conditional use permit or administrative conditional use permit, the planning commission, or city planner, as applicable, has authority to impose such conditions as it deems necessary to protect the public health, safety and general welfare or otherwise make the findings in Section 17.78.030. (Ord. 510 §7, 2021)

17.78.050 Denial, appeal, resubmittal.

A. Denial. The planning commission, or city planner, as applicable, shall deny a conditional use permit or administrative conditional use permit if it cannot make all the findings in Section 17.78.030.

B. Appeal. Appeals of planning commission decisions for a conditional use permit may be made to the city council in accordance with Section 17.81.010. Appeals of the city planner for an administrative conditional use permit may be made to the planning commission in accordance with Section 17.81.020.

C. Resubmittal. If a conditional use permit application is denied by the planning commission and no appeal is made or an appeal is denied by the city council an application for substantially the same project cannot be submitted for one year from the date of denial. If an administrative conditional use permit application is denied by the city planner and no appeal is made or an appeal is denied by the planning commission and/or city council, an application for substantially the same project cannot be submitted for one year from the date of denial. (Ord. 510 §7, 2021)

17.78.060 Effective date, activation, expiration and extensions, revocation.

A. Effective Date. A conditional use permit or administrative conditional use permit issued pursuant to this chapter shall not be effective until any appeal filed pursuant to Section 17.81.010 or 17.81.020 has concluded, or the time for filing an appeal has expired.

B. Activation. A conditional use permit or administrative conditional use permit shall be deemed activated by the commencement of the use for which the entitlement was issued or issuance of a permit required to commence construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided.

C. Expiration and Extensions. Expirations and extensions of conditional use permits and administrative conditional use permits shall be in accordance with Chapter 17.87.

D. Revocation. The project conditions of approval are part of the conditional use permit. If the conditions of approval are not carried out in accordance with the approved conditional use permit or administrative conditional use permit and the grantee is given notice by the community development department to bring such use into compliance within thirty days and fails to do so, the city planner may revoke the permit. The city planner may immediately revoke the permit if he/she determines such action is necessary to prevent irreparable harm from failure to comply with the terms of the permit. The city planner may alternatively, or additionally, undertake code enforcement actions pursuant to Chapter 1.16, 1.17, 1.18 or 1.19. (Ord. 510 §7, 2021)
1 Prior ordinance history: Ord. 270.

CITY OF ANGELS

CITY COUNCIL
ORDINANCE 535

AMENDING ANGELS MUNICIPAL CODE
CHAPTER 17.78 TO ALLOW THE CITY PLANNER TO APPROVE CERTAIN

CONDITIONAL USE PERMITS ADMINISTRATIVELY
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, the City of Angels City Council finds that it is to the benefit of the City to provide expedited review procedures where possible; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 2023, and received public input on the proposed revisions to the Municipal Code and passed a Resolution of Intent recommending adoption of the proposed changes to the City Council; and WHEREAS, a notice of public hearing for the rezonings was published in the Calaveras Enterprise on September 7, 2023; and
WHEREAS, at duly noticed public hearings on September 19, 2023, and October 3, 2023, the City Council heard and considered public input on the proposed amendment to the municipal code; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 535 amending municipal code Chapter 17.78 to allow the city planner to approve certain conditional use permits administratively in accordance with Attachment A based on the following findings:

1. The proposal is consistent with the City of Angels Municipal Code.

2. The proposal is consistent with the City of Angels General Plan

3. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

4. 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 amendment requires application only to projects that are CEQA exempt.

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 September 19, 2023, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on October 3, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
Chapter 17.78
CONDITIONAL USE PERMITS1
Sections:

17.78.010 Purpose.

17.78.020 Application and procedure.

17.78.025 Conditional use permits--Planning commission action required.

17.78.027 Administrative conditional use permits.

17.78.030 Required findings.

17.78.040 Conditions.

17.78.050 Denial, appeal, resubmittal.

17.78.060 Effective date, activation, expiration and extensions, revocation.

17.78.010 Purpose.

Conditional use permits (use permits) are required to allow public review and city discretion in the control of certain uses which may be necessary but which may cause public concern, affect property values or disturb the character of a neighborhood if they are not carefully located and designed. The use permit process is necessary to carry out review and exercise discretion over this category of potentially inappropriate or incompatible uses. Conditional use permits may be approved or denied by the planning commission. Administrative conditional use permits may be approved or denied by the city planner. Use permits are usually conditional when they are approved. They may be revocable or valid for a term period. Guarantees to ensure compliance with terms and conditions may be required. (Ord. 510 §7, 2021; Ord. 493 §2, 2019: Ord. 323 §48(part), 1992)

17.78.020 Application and procedure.

All applications for permits as required by this chapter shall be in writing, filed in the office of the community development department and upon a form prescribed by and furnished by the community development department. Upon receipt of an application, city staff shall review it and, if they find that it is complete, they shall so certify. The application shall contain the required information as determined by the city planner and be processed according to procedures established by the community development department. Applications for development plans shall conform to all applicable standards and requirements of this title such as landscaping, off-street parking and street improvements unless a waiver is applicable and is obtained. Likewise, such applications shall conform to all other applicable standards and requirements as may be contained in other titles within the municipal code. (Ord. 510 §7, 2021; Ord. 493 §3, 2019: Ord. 323 §48(part), 1992)

17.78.025 Conditional use permits--Planning commission
action required.

Conditional use permit applications shall be subject to a duly noticed public hearing before the planning commission prior to consideration of approval, conditional approval or denial by the commission except as provided in Section 17.78.027. (Ord. 510 §7, 2021; Ord. 493 §4, 2019:

Ord. 323 §48(part), 1992)

17.78.027 Conditional use permits /Administrative conditional use permits – city planner issuance.

A. The city planner may approve or deny a conditional use permit for a project valued at less than $250,000 and CEQA Exempt pursuant to the state and city guidelines for the implementation of CEQA, except for those involving exterior alterations in the HC zoning district.

Before approving or conditionally approving an application, the city planner shall make the findings in Section 17.78.030 and may impose conditions in accordance with Section 17.78.040.

The city planner may refer the project to the planning commission at his or her discretion. If the city is without a city planner, the use permit shall be referred to the planning commission.

Decisions of the city planner may be appealed to the planning commission in accordance with the procedures of Section 17.81.020.

B. The city planner may approve or deny an administrative conditional use permit. Decisions of the city planner may be appealed to the planning commission in accordance with the procedures of Section 17.81.020. Prior to approval or denial, the community development department will notify property owners within three hundred feet of the proposed project.

Should any reply be received in response to this notice, the respondent shall be notified of the issuance or denial of the permit by the city planner and procedures for appeal. (Ord. 510 §7, 2021; Ord. 493 §5, 2019)

17.78.030 Required findings.

Any approval of conditional use permits shall be by affirmative vote of not less than a majority of all voting members, except as otherwise provided in Section 17.78.027. No use permit shall be granted by the planning commission, city council or city planner unless all the following findings can be made:

A. The proposed use is consistent with the city of Angels Municipal Code; and B. The proposed use is consistent with the city of Angels general plan; and C. The proposed use will not overburden existing municipal facilities; and D. The size and terrain of the parcel are suitable for the proposed use; and E. Under the circumstances of the particular case, the proposed use will not be substantially detrimental to the health, safety, or general welfare of persons in the neighborhood of such proposed use or be substantially detrimental or injurious to property and improvements in the neighborhood;
F. Where a site development permit or administrative site plan review is waived in accordance with Sections 17.73.030(F) or 17.74.030(F), the following finding also shall be made:

1. The proposed use and design are consistent with adopted city design standards, codes, adopted city short- and long-range plans, and accepted planning and engineering practices. (Ord. 510 §7, 2021; Ord. 493 §6, 2019: Ord. 323 §48(part), 1992)

17.78.040 Conditions.

In approving a conditional use permit or administrative conditional use permit, the planning commission, or city planner, as applicable, has authority to impose such conditions as it deems necessary to protect the public health, safety and general welfare or otherwise make the findings in Section 17.78.030. (Ord. 510 §7, 2021)

17.78.050 Denial, appeal, resubmittal.

A. Denial. The planning commission, or city planner, as applicable, shall deny a conditional use permit or administrative conditional use permit if it cannot make all the findings in Section 17.78.030.

B. Appeal. Appeals of planning commission decisions for a conditional use permit may be made to the city council in accordance with Section 17.81.010. Appeals of the city planner for an administrative conditional use permit may be made to the planning commission in accordance with Section 17.81.020.

C. Resubmittal. If a conditional use permit application is denied by the planning commission and no appeal is made or an appeal is denied by the city council an application for substantially the same project cannot be submitted for one year from the date of denial. If an administrative conditional use permit application is denied by the city planner and no appeal is made or an appeal is denied by the planning commission and/or city council, an application for substantially the same project cannot be submitted for one year from the date of denial. (Ord. 510 §7, 2021)

17.78.060 Effective date, activation, expiration and extensions, revocation.

A. Effective Date. A conditional use permit or administrative conditional use permit issued pursuant to this chapter shall not be effective until any appeal filed pursuant to Section 17.81.010 or 17.81.020 has concluded, or the time for filing an appeal has expired.

B. Activation. A conditional use permit or administrative conditional use permit shall be deemed activated by the commencement of the use for which the entitlement was issued or issuance of a permit required to commence construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided.

C. Expiration and Extensions. Expirations and extensions of conditional use permits and administrative conditional use permits shall be in accordance with Chapter 17.87.

D. Revocation. The project conditions of approval are part of the conditional use permit. If the conditions of approval are not carried out in accordance with the approved conditional use permit or administrative conditional use permit and the grantee is given notice by the community development department to bring such use into compliance within thirty days and fails to do so, the city planner may revoke the permit. The city planner may immediately revoke the permit if he/she determines such action is necessary to prevent irreparable harm from failure to comply with the terms of the permit. The city planner may alternatively, or additionally, undertake code enforcement actions pursuant to Chapter 1.16, 1.17, 1.18 or 1.19. (Ord. 510 §7, 2021)
1 Prior ordinance history: Ord. 270.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (General Provisions and Exceptions) - 1
DATE: September 14, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Introduce Ordinance 536 , waive the first reading, hold a public hearing and set October 3, 2023, to consider renaming Chapter 17.06 as General Provisions and Exceptions and adding, consolidating, amending, or updating, provisions for mobile food vendors, garage sales, temporary construction trailers, recreational vehicles (storage and living), special events, special event permits, certificates of occupancy, storage containers, cottage food operations and movie sets; amending and updating excessive slopes, temporary and seasonal sales stands, acceptable farming and ranching practices, construction in floodplains, occupancy changes in commercial buildings in commercial zones, and eliminating standards for auto wrecking yards.

RECOMMENDATION
Introduce Ordinance 536 , waive the first reading, hold a public hearing and set October 3, 2023; to consider renaming Chapter 17.06 (General Provisions) as 17.06 General Provisions and Exceptions and adding and/or consolidating the following temporary uses in a single Chapter:

17.06.070 Mobile food vendors (regulating mobile food vendors), temporary and seasonal sales stands three days or less annually

17.06.080 Certificates of Occupancy

17.06.090 Garage sales, rummage sales, flea markets (limiting total days annually for private events)

17.06.100 Temporary construction trailers/construction yards (distinguishing between temporarily using trailers for construction for commercial uses while prohibiting their use as temporary residences for construction)

17.06.110 Recreational vehicle/trailer and/or boat use and storage (establishing that living in an RV and/or boat in the City is prohibited in all zoning districts and establishing where these vehicles may be stored)
Adding new provisions addressing:

17.06.170 Special events, special event permits

17.06.180 Storage containers

17.06.190 Cottage food operations

17.06.200 Movie sets
Amending or updating all of the following existing sections:

17.06.050 Excessive Slopes--access.

17.06.060 Home occupation criteria.

17.06.120 Acceptable farming and ranching practices.
7D

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (General Provisions and Exceptions) - 2

17.06.130 Sale of alcoholic beverages.

17.06.140 Street improvements.

17.06.150 Construction in floodplains.

17.06.160 Occupancy changes in commercial buildings in commercial zones.

Eliminating the following:

17.06.060 Standards for Auto Wrecking Yards
The City Council may, on October 3, 2023:

A. Approve Ordinance 536 as presented, or
B. Approve Ordinance 536 with amendments, or
C. Return Ordinance 536 to staff for additional changes, or D. Deny Ordinance 536.

The Planning Commission considered Resolution of Intent 23-15 at a public hearing on September 14, 2023, for this item. The recommendations of the Planning Commission will be provided at the September 19, 2023, City Council meeting.

BACKGROUND
The City received a Local Early Action Planning (LEAP) Grant to update various sections of the City Code including those related to housing, design standards and permit streamlining. In conducting a review of the city codes for design standards and permit streamlining, staff also identified uses that have not been addressed, were addressed insufficiently, have resulted in multiple code violations, or are included in multiple code sections with with conflicting regulations. To resolve these issues, in conjunction with undertaking LEAP code amendments, multiple code changes are proposed and summarized as follows:

Table 1: Purpose(s) of proposed code changes
Proposed code change Reason for Code Change
Mobile food vendors, temporary and seasonal
sales stands
Public health and safety, code violations, eliminate
conflicting code sections, clarification
Certificates of occupancy Housing standard (LEAP), Public health and safety, code violations
Garage sales Not addressed in code, potential code violations Temporary construction trailers/construction
yards
Clarify existing code, cross referencing
Recreational vehicle/trailer and/or boat use and
storage
Design standards (LEAP), Clarify existing code, address section removed during prior code updates, crossreferencing, potential code violations Special Events Not currently in code, clarification

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (General Provisions and Exceptions) - 3
Proposed code change Reason for Code Change
Storage containers Housing, Design guidelines (LEAP)
Cottage food operations State regulations, not currently in code Movie sets Not currently in code
Restrictions on building construction, land use Housing (LEAP), Clarification Exceptions to Height requirements Remove towers – addressed under cell towers, communications towers with differing height requirements anticipated
Access No change
Accessory buildings Housing-related (LEAP), Clarification, code enforcement Excessive Slopes--access. Design standards (LEAP), Clarification Home occupation criteria Reflect current zoning districts, add provisions for code violation and conditions of approval
Sale of alcoholic beverages Clarification
Street improvements No changes
Construction in flood plains Design standard and Housing-related (LEAP), Clarification and cross referencing added
Occupancy changes in commercial buildings Clarification Acceptable farming and ranching Update referenced zoning districts Auto wrecking yards (removed) Design standard (LEAP), Use not in code

ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to code amendments shall be made upon the following findings of fact:

A. The proposed change or amendment is consistent with the city of Angels Municipal Code; and B. The proposed change or amendment is consistent with the city of Angels general plan; and C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Code amendments included for the purposes of updates for consistency with state regulations, to remove inconsistencies or provide clarification are considered clerical and are not analyzed discussed herein. New code provisions addressing storage containers, cottage food operations, and movie sets; and amendments with changes beyond clerical changes are analyzed in the following.

Findings A &B – Consistency with the Angels Municipal Code and General Plan The identified code changes are primarily related to economic development (e.g., home occupations, cottage food operations, special events, movie sets, mobile food vendors, temporary sales stands), Housing (recreational vehicles, certificates of occupancy, accessory buildings), Health and Safety (certificates of

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (General Provisions and Exceptions) - 4
occupancy, construction in flood plains, sale of alcoholic beverages, excessive slopes, mobile food vendors, temporary sales stands) and design/community character (storage containers, excessive slopes, temporary sales stands) and code enforcement.

Applicable general plan goals, policies and programs include:

Land Use
Goal
1A-1 Provide a well-organized and orderly development pattern that maintains and enhances Angels Camp’s social, economic, cultural, environmental, and aesthetic resources while managing growth….

Implementation Programs

1.A.b Continue to conduct reviews of the Angels Camp Municipal Code and General Plan for consistency

1.F.d Maintain Provisions for Home Occupations
Housing
Implementation Program

2.C.n Continue to Maintain a Code Enforcement Position
Health and Safety
Goal

4.H Protect the health and safety of people and property in the city from natural and man-made hazards.

Policies

4.H.1 Protect the health and safety of people and property in the city from natural hazards to the extent feasible.

4.H.3 Protect sensitive land uses from encroachment by incompatible land uses.

Implementation Programs

4.H.a Designate Identified Flood Hazard Areas as Resource Management/Open Space Public Safety
Policies

6.A.2 Reduce exposure to risks in hazardous areas by directing development away from these areas.

Implementation Program

6.A.g Continue to Enforce the Provisions of the Uniform Building Code

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (General Provisions and Exceptions) - 5

6.B.n Protect New Development from Flood Hazards
Economic Development
Goal
10C Promote a wide variety of economic opportunities consistent with the city’s social, cultural, environmental, and aesthetic resources.

Policies

10.C.4 Promote locally produced products.

Implementation Programs:

10.C.d Support and promote events celebrating the City’s culture, history, industries, recreational opportunities and natural resources
Community Character
Policies

11.A.3 Encourage new development to blend with the existing landscape and streetscape.

11.A.4 Provide guidance to developers in the application of Best Management Practices for grading, vegetation retention, and similar practices that may affect visual quality.

11.A.5 Consider aesthetics when reviewing development proposals.

11.B.3 Conserve the scenic qualities of hillsides and hilltops.

Implementation Programs

11.B.D Draft a Hillside Management Ordinance
Based on the relationship between the proposed code changes and the preceding general plan goals, policies and programs, finding A can be made. Because the identified code changes are for the purposes of implementing the identified general plan programs, Finding B can be made.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Many of the proposed code changes are associated with code compliance and housing directly associated with the health and safety of the city as shown in Table 1. Therefore, the proposed code changes are not detrimental to the health or safety of the city. Similarly, design-related changes are associated with maintaining the city’s community character are shown in Table 1 and contributing to the general welfare of the city. Finally, those changes related to economic development (see preceding paragraphs) also contribute to the general welfare of the city.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (General Provisions and Exceptions) - 6
Based on the preceding, and as illustrated in Table 1, Finding C can be made.

ENVIRONMENTAL FINDINGS:

All of the uses associated with the proposed code changes are applicable to minor structures (either alterations to existing minor structure or constructing new minor structures). Therefore, the proposed amendments are Categorically Exempt from the state and city guidelines for the implementation of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Structures - operation, repair, maintenance, permitting, leasing, licensing, or minor alterations), 15303 (New Construction or Conversion of Small Structures - construction and location of limited numbers of new, small facilities or structures, conversion of existing small structures from one use to another), Section 15311 (Accessory Structures including mobile food vendors), or acquisition of a building permit (a ministerial project exempt from CEQA). Therefore, the proposed code amendments are exempt from CEQA.

ATTACHMENTS:

A. Planning Commission Resolution of Intent 23-15 with Attachment A (redline/strikeout) version of Chapter

17.06 (General Provisions and Exceptions)
B. Ordinance 536 with Attachment A (clean version of Chapter 17.06)

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-15

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL AMENDING CHAPTER 17.06 TO BECOME GENERAL

PROVISIONS AND EXCEPTIONS AND ADDING, CONSOLIDATING, AMENDING, OR UPDATING,

PROVISIONS FOR MOBILE FOOD VENDORS, GARAGE SALES, TEMPORARY CONSTRUCTION

TRAILERS, RECREATIONAL VEHICLES (STORAGE AND LIVING), SPECIAL EVENTS, SPECIAL EVENT

PERMITS, CERTIFICATES OF OCCUPANCY, STORAGE CONTAINERS, COTTAGE FOOD OPERATIONS AND MOVIE SETS; AMENDING AND UPDATING EXCESSIVE SLOPES, TEMPORARY AND SEASONAL

SALES STANDS, ACCEPTABLE FARMING AND RANCHING PRACTICES, CONSTRUCTION IN

FLOODPLAINS, OCCUPANCY CHANGES IN COMMERCIAL BUILDINGS IN COMMERCIAL ZONES, AND ELIMINATING STANDARDS FOR AUTO WRECKING YARDS.

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 benefit of the City to maintain its municipal code consistent with state law, to encourage internal consistency, address temporary uses, and provide guidance to developers and the public; and
WHEREAS, a notice of public hearing for the proposed action was published August 31, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 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 Sections 15301, 15303, and 15311 of the State and City Guidelines for the implementation of CEQA;

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending chapter 17.06 to become general provisions and exceptions and adding, consolidating, amending, or updating, provisions for mobile food vendors, garage sales, temporary construction trailers, recreational vehicles (storage and living), special events, special event permits, certificates of occupancy, storage containers, cottage food operations and movie sets; amending and updating excessive slopes, temporary and seasonal sales stands, acceptable farming and ranching practices, construction in floodplains, occupancy changes in commercial buildings in commercial zones, and eliminating standards for auto wrecking yards in accordance with Attachment 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 September 14, 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 14th day of September, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder
Chairman
Caytlyn Schaner
Deputy City Clerk
Delete the following:

5.04.150 Street, vehicle or stand businesses.

No person shall engage in any business in the public streets. No person shall engage in any business on private property, either from stands or wagons or any other vehicles, without first obtaining the consent of the owner or owners of the property on which the business is being conducted, whether such persons have first obtained a license or not. Any such person carrying on such business on private property without the consent of the property owners is guilty of a misdemeanor and each and every day that the person conducts such business constitutes a new and separate offense, except that solicitors may conduct door-to-door sales as otherwise provided for in this chapter. Outdoor sales shall comply with the requirements of the underlying zoning as stated in Title 17. (Ord. 323 §62, 1992: Ord. 316 (part), 1991: Ord. 253 §15, 1982)
Amend the following definitions in AMC Section 17.09.180:
"Recreational vehicle" shall mean a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.

Additionally, “recreational vehicle” shall be as defined in the California Health and Safety Code Section 18010, and as may be amended.
"Recreational vehicle park" shall mean any park, recreational vehicle park, camp, site or lot where one or more spaces are rented, leased or held out for rent to owners or users of trailer or recreational vehicles which are occupied for temporary or seasonal use. For purposes of this section, temporary or seasonal use shall not exceed ninety days of continuous use as a dwelling or it shall be charged as a mobilehome for purposes of utility services. Said camp includes all buildings, tents and structures intended for use of the camp. A recreational vehicle park shall not include automobile or recreational vehicle sales lot on which unoccupied trailers are marked for purposes of inspection and sale. Additionally, “recreational vehicle park” shall be as defined in California Health and Safety Code Section 18862.39 with occupancies as defined in California Civil Code Sections 799.20 through 799.79, and as may be amended.

Add the following definition to AMC Section 17.09.190:
"Storage container" means any factory-built container or part thereof designed or used for freight or storage and includes Conex boxes and sea-land containers, but not including railroad box cars. Conex boxes are lockable box-like containers designed for use by the military to ship supplies overseas. Sea-land trailers are semi-truck trailers with detachable undercarriages that can be stacked for ship or rail transport.

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Chapter 17.06

GENERAL PROVISIONS AND EXCEPTIONS
Sections:

17.06.010 Restrictions on building construction, land use.

17.06.020 Exception to height requirements.

17.06.030 Access.

17.06.040 Accessory buildings established prior to primary use.

17.06.050 Excessive Slopes--Access.

17.06.060 Home occupation criteria.

17.06.070 Standards for auto wrecking yards.

17.06.070 Mobile food vendors, temporary and seasonal sales stands 3 days or less annually

17.06.080 Temporary stands.Certificate of Occupancy Required

17.06.090 Garage sales

17.06.100 Temporary construction trailers/construction yards

17.06.110 Recreational vehicle/trailer use and storage

17.06.120 Acceptable farming and ranching practices.

17.06.130 Sale of alcoholic beverages.

17.06.140 Street improvements.

17.06.150 Construction in Floodplainsfloodplains.

17.06.160 Occupancy changes in commercial buildings in commercial zones.

17.06.170 Accessory buildings.

17.06.180 Emergency shelters.

17.06.190 Density bonuses.

17.06.200 Reasonable accommodation.

17.06.210 Housing Accountability Act--Special findings for denying certain housing, emergency shelter and farmworker housing projects.

17.06.220 Low barrier navigation centers.

17.06.230 Converting multifamily rental units to owned units (condominium conversion).

17.06.170 Special events, special event permits

17.06.180 Storage containers

17.06.190 Cottage food operations

17.06.200 Movie sets

17.06.210 Vacant buildings

17.06.220 Gas stations

17.06.010 Restrictions on building construction, land use.

A. No building, structure or use of land shall commence, be enlarged or altered unless it is permitted in the zone in which the land is located and all applicable permits have been secured.

B. No building, structure or use of land shall commence, be enlarged or altered unless it meets the requirements of the zone in which the land is located, except as may be provided by provisions for variances per Chapter 17.75. (Ord. 323 §1, 1992; Ord. 270 (part), 1984)

17.06.020 Exception to height requirements.

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The maximum building height limitations of each zone do not apply to spires, chimneys, belfries, cupolas, antennae, water tanks, ventilators, poles, towers, silos, elevators, walkways, conveyors, machinery, safety devices and structures supporting same, or other architectural appurtenances not intended for human occupancies. The maximum height limitations for such structures shall be ten feet higher than the building height limits of the zone in which the use is allowed, unless a use permit is obtained to allow higher structures. (Ord. 323 §2, 1992: Ord. 270 (part), 1984)

17.06.030 Access.

Each land use or building constructed under this chapter shall have access to a private or public street or road. All buildings or uses of land shall be located on its lot or parcel as to provide safe and convenient access for servicing, fire protection, user ingress and egress and required off-street parking. (Ord. 270 (part), 1984)

17.06.040 Accessory buildings established prior to permitted use A. Unless otherwise provided in this Title, the principal permitted use shall be constructed in any zone prior to or concurrent with construction of any structure designed as an accessory building or for an accessory use. This provision does not apply to barns or structures in support of an agricultural use in the RE-5 or SP zone on parcels five acres or larger.

B. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.050 Excessive Slopeslopes--Access.

A proposed residential use of land use, located on slopes greater than thirty percent, may be grounds for the following:

A. Denial of the permit;
B. Increased lot size;
C. Decreased residential density;
D. Decreased land use intensity (lot coverage);
E. Provisions for alternate and/or secondary accessingress and egress; F. Greater standards for erosion control and soil stabilization.

G. Preparation of a visual impact assessment addressing visual impacts associated with grading, including vegetation removal, and/or hillside and hilltop development. (Ord. 270 (part), 1984)

17.06.060 Home occupation criteria.

An occupation conducted in a dwelling unit is allowed in the RA, R-1, R-1:GHC, R-2, R-3, RE-1, and R3 RE-5 zones, provided:

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A. No person, other than members of the, immediate family residing on the premises, shall be engaged in such occupation;
B. The home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than twenty-five percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation;
D. No home occupation shall be conducted in more than one existing accessory building; E. There shall be no sale of products other than products handcrafted by the occupants or products which are related and incidental to a service provided;
F. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood;
G. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.

H. The City may include additional conditions as necessary to ensure the health, safety, general welfare, and maintenance of the residential character of the neighborhood in which the home occupation is located.

I. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 270 (part), 1984)

17.06.070 Standards for auto wrecking yards.

A. There shall be a solid fence at least six feet in height around the perimeter of the yard.

B. Auto bodies, parts of vehicles and metal parts shall not be visible from any off-premises land, including private or public roads or adjacent properties.

C. Any burning must meet the requirements of the city of Angels fire department, and state and county air pollution control standards.

D. Odor, smoke, vibration, electrical or radio interference shall not be detectable beyond the boundaries of the property detectable to the normal senses off the lot.

E. The requirements of the state of California Department of Motor Vehicles shall be met.

F. Specific conditions as specified by the conditional use permit granted by the city.

G. Noise levels shall not exceed standards of the general plan noise element. (Ord. 323 §§3, 4, 1992; Ord. 270 (part), 1984)
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17.06.070 Mobile food vendors, temporary and seasonal sales stands —3 days or less annually
A. No person shall engage in any business in the public streets or public sidewalks unless an encroachment permit or special event permit has been issued by the City.

B. Except as otherwise provided in Section 5.04.170 (Intermittent vendors); mobile food vendors, temporary and seasonal sales stands operating four days or more annually shall secure an administrative conditional use permit in accordance with Section 17.27.025, 17.30.030 or 17.34 in the Community Commercial (CC), Shopping Center Commercial (SC) or Business Attraction and Expansion (BAE) zoning districts prior to commencing operations.

C. All mobile food vendors, temporary and seasonal sales stands operating three days or less annually shall secure a City business license prior to operating. Business licenses shall be renewed annually.

D. All mobile food vendors shall provide the City with a copy of a valid permit to operate from the Calaveras County Environmental Management Agency, Food Facility Program.

E. Business license applications pursuant to this Section shall require submittal of the following unless otherwise waived by the city planner:
i. A site plan identifying the location of the proposed vendor or sales stand including nearby buildings, walkways, driveways and parking,
ii. the location of proposed parking,
iii. a letter of permission from the landowner where the vendor will be located, iv. hours of operation,
v. the proposed dates and total number of days to be in operation; vi. the contact information of the person operating the business. vii. Off-site storage location for flammable or potentially hazardous materials; viii. Exits, fire suppression methods, as applicable
ix. Other information as may be requested by the city to ensure the health, safety and general welfare of the community
F. The city planning department shall review each application and seek recommendations from appropriate agencies. The city shall approve, conditionally approve, or deny the application within seven days of receipt of a complete application. The city planner may establish conditions to ensure that overall intent of this title and the general plan are met, and as necessary to make findings that the permit, if approved, under the circumstances of the particular case, will not be substantially detrimental to the health, safety, or general welfare of persons in the neighborhood of such proposed use or be substantially detrimental or injurious to property and improvements in the neighborhood.

G. The decision of the city staff is subject to appeal under Section 17.81.020.

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H. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.080 Temporary stands.

Whenever a fireworks stand, carnival, circus, Christmas tree lot, yard sale exceeding a cumulative total of three days per year, temporary contractor’s equipment yard or similar use is established, the following procedures shall be used:

A. The proposal shall be submitted to the planning department before any construction, commencement of the use, or application for a business license. B. As part of the application, a site plan including the following information shall be included:

1. Name, address and phone number of the person responsible for the proposal; 2. The arrangement of buildings, walkways, driveways, parking, entrances, exits, fire suppression methods and other information as needed;

3. A timetable describing the period when the use will be conducted;

4. The use of the property normally and its future use.

C. The city shall review each application and shall seek recommendations from appropriate agencies. The community planner or police chief shall approve, conditionally approve or deny the application within fourteen days of the application. The community planner may establish conditions to insure that overall intent of this chapter and the general plan are met. The planner or designee shall deny the application if no reasonable alternative exists. The decision of the city staff is subject to appeal under Section 17.81.020. (Ord. 323 §59, 1992; Ord. 270 (part), 1984)

17.06.080 Certificate of Occupancy Prior to occupying any building that has a change in tenant, change in business, or changed use , no
matter the length of vacancy, shall first obtain a certificate of occupancy.

17.06.090 Garage sales
Garage sales may be held on residential private property and sponsored by a particular person or group for not more than three days in any calendar year. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.100 Temporary construction trailers/construction
yards/emergency use
A. An administrative conditional use permit shall be secured pursuant to AMC Section 17.78.027 for a temporary structure or trailer for housing tools, equipment, or containing supervisory offices in connection with construction projects and may be maintained only during active progress of construction on the same property. Temporary construction offices shall be removed within two weeks of issuance of a certificate of occupancy for the structure. An administrative conditional use permit is not required if temporary Formatted ...

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construction offices are permitted under the conditions of approval for another City-issued entitlement for the same construction project (e.g., site plan review).

B. Temporary structures or trailers providing public utility services, emergency services, or emergency support services and/or personnel during a city-declared emergency are permitted with issuance of a building permit unless a building permit is otherwise waived by the city and subject to meeting all applicable health and safety regulations.

C. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.110 Recreational vehicle/trailer/boat use and storage A. A recreational vehicle, trailer, or boat may be stored on a parcel in a residential zone, providing:

1. It complies with all provisions of Section 1.17.110;

2. Is not connected to sewer, water, gas, electricity, telephone or other utilities;

3. Is not used for human habitation;

4. It is operative and licensed and located only those areas specified in AMC Section 1.17.110.

B. Shall comply with all provisions of Section 1.17.110.

C. It is unlawful for any property owner to permit any person to park a recreational vehicle, trailer, or boat on the property owner’s property for the purpose of using it as living quarters within the city.

D. Recreational vehicles or trailers may be permitted as living quarters only in a trailer or recreational vehicle park duly permitted, approved and licensed by the state pursuant to the Recreational Vehicle Park Occupancy Law (California Civil Code Sections 799.20 et seq), as defined in Health and Safety Code Section 18862.39, and subject to issuance of applicable permits by the city in accordance with Title 17.

E. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.120 Acceptable farming and ranching practices.

A. Acceptable ranching practices in the RA and REC Special Planning (SP) and Residential Estate, five acre minimum (RE-5) zone shall include: animal husbandry and livestock farming; provided, that the amount or number of animals or poultry to be allowed on the site does not create a nuisance to the contiguous properties. Acceptable farming and ranching practices shall include the growing and harvesting of trees, fruits, vegetables, flowers, grains or other crops; storage, packing or processing of agricultural products on the property without changing the nature of the product for sale on the property; provided, that such uses are authorized by a resident or owner of the property, are incidental to the dwelling use thereof and not a nuisance to adjacent properties.

B. Acceptable farming practices in the RA and RECSP and RE-5 zone shall include crop and tree farming. (Ord. 323 §5, 1992)

17.06.130 Sale of alcoholic beverages.

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Any place of business intending to engage in the sale of alcoholic beverages in any zone zoning district permitting such sales shall obtain an administrative conditional use permit pursuant to Chapter 17.78 prior to doing so. (Ord. 493 §1, 2019: Ord. 323 §6, 1992)

17.06.140 Street improvements.

Streets, curbs, gutters, sidewalks, storm drain improvements and appurtenances or parts thereof may be required as a condition of approval for any permit issued under the provisions of this title. All such improvements shall be constructed in accordance with city improvement standards and Title 12 of this code. (Ord. 323 §7, 1992)

17.06.150 Construction in Floodplains.

All proposed land uses, buildings or structures which are located within a special flood hazard zone as identified by the Federal Emergency Management Agency Flood Insurance Rate Maps Insurance Agency or on the city’s general plan land use map, identified in the city’s Multi-Jurisdictional Hazard Mitigation Plan, or that may be susceptible to the effects of flooding, including erosion or mudslide, shall conform to the requirements of Chapter 15.20 as well as the provisions of this title. (Ord. 323 §8, 1992)

17.06.160 Occupancy changes in commercial buildings in
commercial zones.

A. Where a change in tenant results in the same use being continued, as long as the use was legally established, the new tenant use does not require planning commission review except for changes involving exterior alterations within the HC zoning district, including new signage, which require planning commission review in accordance with Sections 17.26.080 and 17.26.090.

B. Where a new structure is to be constructed in the CC or SC zones requiring site plan or use permit review, the structure and use require planning commission approval unless otherwise provided in Chapters

17.52, 17.73, or 17.74.

C. Where special considerations were granted by the city to a previous use, the effect of those considerations expired if the use was discontinued for one year or more pursuant to the nonconforming use provisions of Section 17.72.010. (Ord. 323 §56, 1992)

17.06.170 Special Events, Special Event Permits
A. Gatherings or events involving 50 or more persons shall acquire a special events permit from the City Planning Department if:
1, Held entirely, partially, directly or indirectly on state or city-owned or leased property including, but not limited to: streets, parking lots, parks, sidewalks, city buildings or properties; or

2. Held on private property where a fee is charged for the event or sales will occur on site; or

3. The event could adversely impact traffic flows within or surrounding the city to the extent that emergency response vehicles could be impeded in the opinion of the city police or fire chief.

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B. A Special event permit is not required for:
• Events held at a site in which special events have been permitted by the City through issuance of a conditional use permit or other entitlement specifying that such events are allowed • Events held inside permanent buildings constructed and approved by the City for the purpose of public assembly (e.g., auditoriums, theatres)
• Gatherings held for the purpose of public health or safety • Gatherings held for the purpose of conducting city business C. A special events permit application shall be submitted to the City Planning Department on a form as prescribed by the city planner and subject to a fee as established by the City Council.

D. A decision by city staff that a special event permit is required may be appealed in accordance with Section 17.81.020.

17.06.180 Storage containers
A. Storage containers are prohibited in the HC, R-2, and R-3 zoning districts.

B. In zoning districts that permit storage containers, all such the structures shall conform to all of the following:

1. Any storage container, regardless of size, shall conform to all building setbacks.

2. A building permit or waiver shall be secured for any storage container over one hundred square feet.

3. Any storage container shall be placed behind or to the side of the principal building. Said container shall be screened with fencing or landscaping so as not to be visible from any roadway or neighboring use.

4. A landscaping plan and/or screening plan shall be reviewed and approved by the community development department prior to the installing any storage container.

5. Storage containers are prohibited on vacant parcels unless a building permit is first secured for a primary structure except that they may be used for agricultural purposes on vacant property in the RE-5 or SP zoning district on parcels five acres or larger in accordance with paragraphs (D and E).

C. In the R-1 and RE-1 zoning district:

1. Only one storage container, not exceeding two hundred square feet in size, is allowed on any parcel.

D. In the RE-5 zoning district on parcels 5 acres or larger in size, and in the CC, SC, BAE, or I zoning districts:

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1. One storage container is allowed on parcels of five acres and less in size.

2. Two storage containers are allowed on parcels larger than five acres in size.

E. In the SP zoning district, on parcels five acres or larger, storage containers shall be permitted as an interim use for agricultural purposes in accordance with paragraph D. The permanent use of storage containers in SP shall be addressed in the site’s Development Agreement in accordance with Section 17.42.020 or Specific Plan in accordance with Section 17.42.040.

F. Existing use of any storage container in numbers greater than permitted herein are subject to the provisions of Chapter 17.72 (Nonconforming Uses) of this title. Notwithstanding Chapter 17.72, existing uses of any storage container not conforming to the provisions of this section, other than limits on numbers of containers, shall be removed or brought into conformance with this section upon change of ownership of the parcel or within five years after the effective date of this section, whichever comes first.

G. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.190 Cottage food operations
A. Cottage food operations (CFOs) shall comply with Chapter 11.5 (commencing with Section 114365 et seq) of Part 7 of Division 104 of the California Health and Safety Code and the provisions of California Government Code Section 51035.

B. CFOs are a permitted use within any private home. A cottage food operator must live within the private home where the CFO is being conducted. A "private home," for the purposes of a CFO, shall mean a dwelling, including an apartment or other leased space.

C. All CFOs shall submit a cottage food operation permit (CFO Permit) in a format as prescribed by the community development director prior to commencing operations. A CFO permit shall be reviewed and approved, conditionally approved, or denied by the city planner without a hearing. A CFO permit:

1. Is required for each CFO location and is not transferable between persons or locations.

2. May be conditioned by the city planner to ensure consistency with the requirements of this section.

3. May be denied by the city planner if the CFO does not comply with Government Code Section 51035 and the provisions of this section.

4. Is subject to a fee as approved by the city council. Each CFO permit amendment is subject to the same fee.

D. CFO's shall comply with the following:

1. Obtain a business license from the city prior to commencing operations;

2. Provide proof, where applicable, of landlord permission to operate a CFO on the premises;

3. A CFO shall not be located closer than three hundred feet from another CFO as necessary to prevent over-concentration. Three hundred feet shall be as measured between the outer wall of any structure housing the CFO to the nearest outer wall of the next CFO.

4. CFO's may have one full-time equivalent employee (not counting family members).

5. All parking associated with the CFO shall be on-site (i.e., off-street). No more than one visitor's vehicle and one nonresident employee's vehicle shall be parked on the site at any time in addition to those off-street parking spaces required for the subject dwelling as prescribed in AMC Chapter 17.69 (unless otherwise specified in a city-issued entitlement). All on-site vehicle parking shall be designed and constructed in accordance with AMC Chapter 17.69.

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6. Direct sales from the site of the cottage food operation shall be by prior appointment only and limited to one customer-per hour per day. All sales shall occur between 7 a.m. and 8 p.m.

Mondays through Fridays, 8 a.m. to 8 p.m. on Saturdays, and 10 a.m. to 3 p.m. on Sundays and federal holidays.

7. All commercial deliveries shall occur between 8 a.m. and 6 p.m. Monday through Saturday.

Commercial deliveries are prohibited on Sundays and federal holidays.

8. Noise levels generated by the CFO shall comply with the exterior noise limits as prescribed in Figure 5-1 of Angels Camp General Plan 2020, or as may be amended.

9. Signage is prohibited.

10. No outside storage of materials or supplies is permitted.

11. There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of the CFO.

12. Except for vehicle parking, no outdoor portions of the premises shall be used for cottage food operations including outdoor sales and visitation.

13. Customers cannot dine at the CFO.

14. CFOs may not exceed gross sales levels as established by the State of California for CFOs. The city may request a copy of the CFO operator's most recent income tax return to verify gross sales receipts.

15. CFOs shall provide a copy to the city of the approved CFO registration or permit as required by the Calaveras County Environmental Management Agency.

16. Other measures as may be determined necessary by the city planner for compliance with this section, the Government Code, and the health and safety of the community in which the CFO is being conducted.

E. Expansion or relocation of a CFO without amending the CFO permit shall constitute a violation of this section. Failure to comply with any condition attached to the CFO permit by the city planner shall constitute a violation. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

F. Decisions of the community development director may be appealed in accordance with Section 17.81.020
G. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.200 Movie sets
A. Temporary motion picture and television stage sets and scenery are permitted in all districts provided a building permit is first secured and said structures are removed within thirty days of completing filming.

B. Permanent motion picture and television stage sets and scenery may be permitted in any district provided a use permit is first secured.

17.06.210 Vacant Buildings (See separate)

17.06.220 Gas Stations (See separate)
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CITY OF ANGELS

CITY COUNCIL
ORDINANCE 536
AMENDING ANGELS MUNICIPAL CODE CHAPTER 17.06 TO BECOME GENERAL PROVISIONS AND

EXCEPTIONS AND ADDING, CONSOLIDATING, AMENDING, OR UPDATING, PROVISIONS FOR MOBILE FOOD

VENDORS, GARAGE SALES, TEMPORARY CONSTRUCTION TRAILERS, RECREATIONAL VEHICLES (STORAGE

AND LIVING), SPECIAL EVENTS, SPECIAL EVENT PERMITS, CERTIFICATES OF OCCUPANCY, STORAGE CONTAINERS, COTTAGE FOOD OPERATIONS AND MOVIE SETS; AMENDING AND UPDATING EXCESSIVE

SLOPES, TEMPORARY AND SEASONAL SALES STANDS, ACCEPTABLE FARMING AND RANCHING PRACTICES,

CONSTRUCTION IN FLOODPLAINS, OCCUPANCY CHANGES IN COMMERCIAL BUILDINGS IN COMMERCIAL ZONES, AND ELIMINATING STANDARDS FOR AUTO WRECKING YARDS.

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

WHEREAS, the City of Angels City Council finds that it is to the benefit of the City to maintain its municipal code consistent with state law, to encourage internal consistency, address temporary uses, and provide guidance to developers and the public; and WHEREAS, the Planning Commission held a duly no�ced public hearing on September 14, 2023, and received public input on the proposed revisions to the Municipal Code and passed a Resolu�on of Intent recommending adop�on of the proposed changes to the City Council; and WHEREAS, a no�ce of public hearing for the rezonings was published in the Calaveras Enterprise on September 7, 2023; and
WHEREAS, at duly no�ced public hearings on September 19, 2023, and October 3, 2023, the City Council heard and considered public input on the proposed amendment to the municipal code; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 536 amending municipal code Chapter 17.06, General Provisions and Excep�ons, in accordance with Atachment A based on the following findings:

1. The proposal is consistent with the City of Angels Municipal Code.

2. The proposal is consistent with the City of Angels General Plan

3. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

4. 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 Sections 15301, 15303, and 15311 of the State and City Guidelines for the implementation of CEQA.

Sec�on 2: The foregoing Ordinance or a summary shall, before the expira�on of fi�een (15) days of its passage, be published with the names of the Council members vo�ng for and against the same once in a newspaper of general circula�on printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days a�er the passage thereof.

The foregoing Ordinance was introduced at a regular mee�ng of the City of Angels City Council held on September 19, 2023, and passed and adopted as an ordinance of said City at a regular mee�ng of said Council held on October 3, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
De le t e t h e followin g:

5.04.150 St re e t , ve h icle or st a n d b u sin e sse s.

No person shall engage in any business in the public streets. No person shall engage in any business on private property, either from stands or wagons or any other vehicles, without first obtaining the consent of the owner or owners of the property on which the business is being conducted, whether such persons have first obtained a license or not. Any such person carrying on such business on private property without the consent of the property owners is guilty of a m isdem eanor and each and every day that the person conducts such business constitutes a new and separate offense, except that solicitors m ay conduct door-to-door sales as otherwise provided for in this chapter. Outdoor sales shall com ply with the requirem ents of the underlying zoning as stated in Title 17. (Ord. 323 §62, 1992: Ord. 316 (part), 1991: Ord. 253 §15, 1982)
Amend t h e followin g definition s in AMC Se ct ion 17.09.180:
"Recreational vehicle" shall mean a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.

Additionally, “recreational vehicle” shall be as defined in the California Health and Safety Code Section 18010, and as may be amended.
"Recreational vehicle park" shall mean any park, recreational vehicle park, camp, site or lot where one or more spaces are rented, leased or held out for rent to owners or users of trailer or recreational vehicles which are occupied for temporary or seasonal use. For purposes of this section, temporary or seasonal use shall not exceed ninety days of continuous use as a dwelling or it shall be charged as a mobilehome for purposes of utility services. Said camp includes all buildings, tents and structures intended for use of the camp. A recreational vehicle park shall not include automobile or recreational vehicle sales lot on which unoccupied trailers are marked for purposes of inspection and sale. Additionally, “recreational vehicle park” shall be as defined in California Health and Safety Code Section 18862.39 with occupancies as defined in California Civil Code Sections 799.20 through 799.79, and as may be amended.

Ad d t h e followin g d e fin it ion t o AMC Se ct ion 17.09.190:
"Storage container" means any factory-built container or part thereof designed or used for freight or storage and includes Conex boxes and sea-land containers, but not including railroad box cars. Conex boxes are lockable box-like containers designed for use by the military to ship supplies overseas. Sea-land trailers are semi-truck trailers with detachable undercarriages that can be stacked for ship or rail transport.

Chapter 17.06

GENERAL PROVISIONS AND EXCEPTIONS
Sections:

17.06.010 Restrictions on building construction, land use.

17.06.020 Exception to height requirements.

17.06.030 Access.

17.06.040 Accessory buildings established prior to primary use.

17.06.050 Excessive Slopes.

17.06.060 Home occupation criteria.

17.06.070 Mobile food vendors, temporary and seasonal sales stands 3 days or less annually

17.06.080 Certificate of Occupancy Required

17.06.090 Garage sales

17.06.100 Temporary construction trailers/construction yards

17.06.110 Recreational vehicle/trailer use and storage

17.06.120 Acceptable farming and ranching practices.

17.06.130 Sale of alcoholic beverages.

17.06.140 Street improvements.

17.06.150 Construction in floodplains.

17.06.160 Occupancy changes in commercial buildings in commercial zones.

17.06.170 Special events, special event permits

17.06.180 Storage containers

17.06.190 Cottage food operations

17.06.200 Movie sets

17.06.210 Vacant buildings

17.06.220 Gas stations

17.06.010 Restrictions on building construction, land use.

A. No building, structure or use of land shall commence, be enlarged or altered unless it is permitted in the zone in which the land is located and all applicable permits have been secured.

B. No building, structure or use of land shall commence, be enlarged or altered unless it meets the requirements of the zone in which the land is located, except as may be provided by provisions for variances per Chapter 17.75. (Ord. 323 §1, 1992; Ord. 270 (part), 1984)

17.06.020 Exception to height requirements.

The maximum building height limitations of each zone do not apply to spires, chimneys, belfries, cupolas, antennae, water tanks, ventilators, poles, silos, elevators, walkways, conveyors, machinery, safety devices and structures supporting same, or other architectural appurtenances not intended for human occupancies.

The maximum height limitations for such structures shall be ten feet higher than the building height limits of the zone in which the use is allowed, unless a use permit is obtained to allow higher structures. (Ord. 323 §2, 1992: Ord. 270 (part), 1984)

17.06.030 Access.

Each land use or building constructed under this chapter shall have access to a private or public street or road. All buildings or uses of land shall be located on its lot or parcel as to provide safe and convenient access for servicing, fire protection, user ingress and egress and required off-street parking. (Ord. 270 (part), 1984)

17.06.040 Accessory buildings established prior to permitted use A. Unless otherwise provided in this Title, the principal permitted use shall be constructed in any zone prior to or concurrent with construction of any structure designed as an accessory building or for an accessory use. This provision does not apply to barns or structures in support of an agricultural use in the RE-5 or SP zone on parcels five acres or larger.

B. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.050 Excessive slopes.

A proposed land use, located on slopes greater than thirty percent, may be grounds for the following:

A. Denial of the permit;
B. Increased lot size;
C. Decreased residential density;
D. Decreased land use intensity (lot coverage);
E. Provisions for alternate and/or secondary ingress and egress; F. Greater standards for erosion control and soil stabilization.

G. Preparation of a visual impact assessment addressing visual impacts associated with grading, including vegetation removal, and/or hillside and hilltop development. (Ord. 270 (part), 1984)

17.06.060 Home occupation criteria.

An occupation conducted in a dwelling unit is allowed in the R-1, R-1:GHC, R-2, R-3, RE-1, and RE-5 zones, provided:

A. No person, other than members of the immediate family residing on the premises, shall be engaged in such occupation;
B. The home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than twenty-five percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation;
D. No home occupation shall be conducted in more than one existing accessory building; E. There shall be no sale of products other than products handcrafted by the occupants or products which are related and incidental to a service provided;
F. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood;
G. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.

H. The City may include additional conditions as necessary to ensure the health, safety, general welfare, and maintenance of the residential character of the neighborhood in which the home occupation is located.

I. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19. (Ord. 270 (part), 1984)

17.06.070 Mobile food vendors, temporary and seasonal sales stands —3 days or less annually
A. No person shall engage in any business in the public streets or public sidewalks unless an encroachment permit or special event permit has been issued by the City.

B. Except as otherwise provided in Section 5.04.170 (Intermittent vendors); mobile food vendors, temporary and seasonal sales stands operating four days or more annually shall secure an administrative conditional use permit in accordance with Section 17.27.025, 17.30.030 or 17.34 in the Community Commercial (CC), Shopping Center Commercial (SC) or Business Attraction and Expansion (BAE) zoning districts prior to commencing operations.

C. All mobile food vendors, temporary and seasonal sales stands operating three days or less annually shall secure a City business license prior to operating. Business licenses shall be renewed annually.

D. All mobile food vendors shall provide the City with a copy of a valid permit to operate from the Calaveras County Environmental Management Agency, Food Facility Program.

E. Business license applications pursuant to this Section shall require submittal of the following unless otherwise waived by the city planner:
i. A site plan identifying the location of the proposed vendor or sales stand including nearby buildings, walkways, driveways and parking,
ii. the location of proposed parking,
iii. a letter of permission from the landowner where the vendor will be located, iv. hours of operation,
v. the proposed dates and total number of days to be in operation; vi. the contact information of the person operating the business. vii. Off-site storage location for flammable or potentially hazardous materials; viii. Exits, fire suppression methods, as applicable
ix. Other information as may be requested by the city to ensure the health, safety and general welfare of the community
F. The city planning department shall review each application and seek recommendations from appropriate agencies. The city shall approve, conditionally approve, or deny the application within seven days of receipt of a complete application. The city planner may establish conditions to ensure that overall intent of this title and the general plan are met, and as necessary to make findings that the permit, if approved, under the circumstances of the par�cular case, will not be substan�ally detrimental to the health, safety, or general welfare of persons in the neighborhood of such proposed use or be substan�ally detrimental or injurious to property and improvements in the neighborhood.

G. The decision of the city staff is subject to appeal under Section 17.81.020.

H. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.080 Certificate of Occupancy
Prior to occupying any building that has a change in tenant, change in business, or changed use, no mater the length of vacancy, shall first obtain a cer�ficate of occupancy.

17.06.090 Garage sales
Garage sales may be held on residen�al private property and sponsored by a par�cular person or group for not more than three days in any calendar year. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.100 Temporary construction trailers/construction
yards/emergency use
A. An administrative conditional use permit shall be secured pursuant to AMC Section 17.78.027 for a temporary structure or trailer for housing tools, equipment, or containing supervisory offices in connection with construction projects and may be maintained only during active progress of construction on the same property. Temporary construction offices shall be removed within two weeks of issuance of a certificate of occupancy for the structure. An administrative conditional use permit is not required if temporary construction offices are permitted under the conditions of approval for another City-issued entitlement for the same construction project (e.g., site plan review).

B. Temporary structures or trailers providing public utility services, emergency services, or emergency support services and/or personnel during a city-declared emergency are permitted with issuance of a building permit unless a building permit is otherwise waived by the city and subject to meeting all applicable health and safety regulations.

C. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.110 Recreational vehicle/trailer/boat use and storage A. A recreational vehicle, trailer, or boat may be stored on a parcel in a residential zone, providing:

1. It complies with all provisions of Section 1.17.110;

2. Is not connected to sewer, water, gas, electricity, telephone or other utilities;

3. Is not used for human habitation;

4. It is operative and licensed and located only those areas specified in AMC Section 1.17.110.

B. Shall comply with all provisions of Section 1.17.110.

C. It is unlawful for any property owner to permit any person to park a recreational vehicle, trailer, or boat on the property owner’s property for the purpose of using it as living quarters within the city.

D. Recreational vehicles or trailers may be permitted as living quarters only in a trailer or recreational vehicle park duly permitted, approved and licensed by the state pursuant to the Recreational Vehicle Park Occupancy Law (California Civil Code Sections 799.20 et seq), as defined in Health and Safety Code Section 18862.39, and subject to issuance of applicable permits by the city in accordance with Title 17.

E. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.120 Acceptable farming and ranching practices.

A. Acceptable ranching practices in the Special Planning (SP) and Residential Estate, five acre minimum (RE5) zone shall include: animal husbandry and livestock farming; provided, that the amount or number of animals or poultry to be allowed on the site does not create a nuisance to the contiguous properties.

Acceptable farming and ranching practices shall include the growing and harvesting of trees, fruits, vegetables, flowers, grains or other crops; storage, packing or processing of agricultural products on the property without changing the nature of the product for sale on the property; provided, that such uses are authorized by a resident or owner of the property, are incidental to the dwelling use thereof and not a nuisance to adjacent properties.

B. Acceptable farming practices in the SP and RE-5 zone shall include crop and tree farming. (Ord. 323 §5, 1992)

17.06.130 Sale of alcoholic beverages.

Any place of business intending to engage in the sale of alcoholic beverages in any zoning district permitting such sales shall obtain an administrative conditional use permit pursuant to Chapter 17.78 prior to doing so. (Ord. 493 §1, 2019: Ord. 323 §6, 1992)

17.06.140 Street improvements.

Streets, curbs, gutters, sidewalks, storm drain improvements and appurtenances or parts thereof may be required as a condition of approval for any permit issued under the provisions of this title. All such improvements shall be constructed in accordance with city improvement standards and Title 12 of this code. (Ord. 323 §7, 1992)

17.06.150 Construction in Floodplains.

All proposed land uses, buildings or structures which are located within a special flood hazard zone as identified by the Federal Emergency Management Agency Flood Insurance Rate Maps or on the city’s general plan land use map, identified in the city’s Multi-Jurisdictional Hazard Mitigation Plan, or that may be susceptible to the effects of flooding, including erosion or mudslide, shall conform to the requirements of Chapter 15.20 as well as the provisions of this title. (Ord. 323 §8, 1992)

17.06.160 Occupancy changes in commercial buildings in
commercial zones.

A. Where a change in tenant results in the same use being continued, as long as the use was legally established, the new tenant use does not require planning commission review except for changes involving exterior alterations within the HC zoning district, including new signage, which require planning commission review in accordance with Sec�ons 17.26.080 and 17.26.090.

B. Where a new structure is to be constructed in the CC or SC zones requiring site plan or use permit review, the structure and use require planning commission approval unless otherwise provided in Chapters

17.52, 17.73, or 17.74.

C. Where special considerations were granted by the city to a previous use, the effect of those considerations expired if the use was discontinued for one year or more pursuant to the nonconforming use provisions of Section 17.72.010. (Ord. 323 §56, 1992)

17.06.170 Special Events, Special Event Permits
A. Gatherings or events involving 50 or more persons shall acquire a special events permit from the City Planning Department if:
1, Held entirely, partially, directly or indirectly on state or city-owned or leased property including, but not limited to: streets, parking lots, parks, sidewalks, city buildings or properties; or

2. Held on private property where a fee is charged for the event or sales will occur on site; or

3. The event could adversely impact traffic flows within or surrounding the city to the extent that emergency response vehicles could be impeded in the opinion of the city police or fire chief.

B. A Special event permit is not required for:
• Events held at a site in which special events have been permitted by the City through issuance of a conditional use permit or other entitlement specifying that such events are allowed • Events held inside permanent buildings constructed and approved by the City for the purpose of public assembly (e.g., auditoriums, theatres)
• Gatherings held for the purpose of public health or safety • Gatherings held for the purpose of conducting city business C. A special events permit application shall be submitted to the City Planning Department on a form as prescribed by the city planner and subject to a fee as established by the City Council.

D. A decision by city staff that a special event permit is required may be appealed in accordance with Section 17.81.020.

17.06.180 Storage containers
A. Storage containers are prohibited in the HC, R-2, and R-3 zoning districts.

B. In zoning districts that permit storage containers, all such the structures shall conform to all of the following:

1. Any storage container, regardless of size, shall conform to all building setbacks.

2. A building permit or waiver shall be secured for any storage container over one hundred square feet.

3. Any storage container shall be placed behind or to the side of the principal building. Said container shall be screened with fencing or landscaping so as not to be visible from any roadway or neighboring use.

4. A landscaping plan and/or screening plan shall be reviewed and approved by the community development department prior to the installing any storage container.

5. Storage containers are prohibited on vacant parcels unless a building permit is first secured for a primary structure except that they may be used for agricultural purposes on vacant property in the RE-5 or SP zoning district on parcels five acres or larger in accordance with paragraphs (D and E).

C. In the R-1 and RE-1 zoning district:

1. Only one storage container, not exceeding two hundred square feet in size, is allowed on any parcel.

D. In the RE-5 zoning district on parcels 5 acres or larger in size, and in the CC, SC, BAE, or I zoning districts:

1. One storage container is allowed on parcels of five acres and less in size.

2. Two storage containers are allowed on parcels larger than five acres in size.

E. In the SP zoning district, on parcels five acres or larger, storage containers shall be permited as an interim use for agricultural purposes in accordance with paragraph D. The permanent use of storage containers in SP shall be addressed in the site’s Development Agreement in accordance with Sec�on 17.42.020 or Specific Plan in accordance with Sec�on 17.42.040.

F. Exis�ng use of any storage container in numbers greater than permited herein are subject to the provisions of Chapter 17.72 (Nonconforming Uses) of this �tle. Notwithstanding Chapter 17.72, exis�ng uses of any storage container not conforming to the provisions of this sec�on, other than limits on numbers of containers, shall be removed or brought into conformance with this sec�on upon change of ownership of the parcel or within five years a�er the effec�ve date of this sec�on, whichever comes first.

G. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.190 Cottage food operations
A. Cottage food operations (CFOs) shall comply with Chapter 11.5 (commencing with Sec�on 114365 et seq) of Part 7 of Division 104 of the California Health and Safety Code and the provisions of California Government Code Section 51035.

B. CFOs are a permitted use within any private home. A cottage food operator must live within the private home where the CFO is being conducted. A "private home," for the purposes of a CFO, shall mean a dwelling, including an apartment or other leased space.

C. All CFOs shall submit a cottage food operation permit (CFO Permit) in a format as prescribed by the community development director prior to commencing operations. A CFO permit shall be reviewed and approved, conditionally approved, or denied by the city planner without a hearing. A CFO permit:

1. Is required for each CFO location and is not transferable between persons or locations.

2. May be conditioned by the city planner to ensure consistency with the requirements of this section.

3. May be denied by the city planner if the CFO does not comply with Government Code Section 51035 and the provisions of this section.

4. Is subject to a fee as approved by the city council. Each CFO permit amendment is subject to the same fee.

D. CFO's shall comply with the following:

1. Obtain a business license from the city prior to commencing operations;

2. Provide proof, where applicable, of landlord permission to operate a CFO on the premises;

3. A CFO shall not be located closer than three hundred feet from another CFO as necessary to prevent over-concentration. Three hundred feet shall be as measured between the outer wall of any structure housing the CFO to the nearest outer wall of the next CFO.

4. CFO's may have one full-time equivalent employee (not counting family members).

5. All parking associated with the CFO shall be on-site (i.e., off-street). No more than one visitor's vehicle and one nonresident employee's vehicle shall be parked on the site at any time in addition to those off-street parking spaces required for the subject dwelling as prescribed in AMC Chapter 17.69 (unless otherwise specified in a city-issued entitlement). All on-site vehicle parking shall be designed and constructed in accordance with AMC Chapter 17.69.

6. Direct sales from the site of the cottage food operation shall be by prior appointment only and limited to one customer-per hour per day. All sales shall occur between 7 a.m. and 8 p.m.

Mondays through Fridays, 8 a.m. to 8 p.m. on Saturdays, and 10 a.m. to 3 p.m. on Sundays and federal holidays.

7. All commercial deliveries shall occur between 8 a.m. and 6 p.m. Monday through Saturday.

Commercial deliveries are prohibited on Sundays and federal holidays.

8. Noise levels generated by the CFO shall comply with the exterior noise limits as prescribed in Figure 5-1 of Angels Camp General Plan 2020, or as may be amended.

9. Signage is prohibited.

10. No outside storage of materials or supplies is permitted.

11. There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of the CFO.

12. Except for vehicle parking, no outdoor portions of the premises shall be used for cottage food operations including outdoor sales and visitation.

13. Customers cannot dine at the CFO.

14. CFOs may not exceed gross sales levels as established by the State of California for CFOs. The city may request a copy of the CFO operator's most recent income tax return to verify gross sales receipts.

15. CFOs shall provide a copy to the city of the approved CFO registration or permit as required by the Calaveras County Environmental Management Agency.

16. Other measures as may be determined necessary by the city planner for compliance with this section, the Government Code, and the health and safety of the community in which the CFO is being conducted.

E. Expansion or relocation of a CFO without amending the CFO permit shall constitute a violation of this section. Failure to comply with any condition attached to the CFO permit by the city planner shall constitute a violation. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

F. Decisions of the community development director may be appealed in accordance with Section 17.81.020
G. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.200 Movie sets
A. Temporary mo�on picture and television stage sets and scenery are permited in all districts provided a building permit is first secured and said structures are removed within thirty days of comple�ng filming.

B. Permanent mo�on picture and television stage sets and scenery may be permited in any district provided a use permit is first secured.

17.06.210 Vacant Buildings (See separate)

17.06.220 Gas Stations (See separate)

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06.220 (Gas Stations) - 1
DATE: September 19, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Introduce Ordinance 537, waive the first reading, hold a public hearing and set October 3, 2023, to considering adding a new Section 17.06.220 addressing Gas Stations

RECOMMENDATION
Introduce Ordinance 537, waive the first reading, hold a public hearing and set October 3, 2023, to considering adding a new Section 17.06.220 addressing gas stations.

The City Council may:

A. Approve Ordinance 537 as presented, or
B. Approve Ordinance 537 with amendments, or
C. Return Ordinance 537 to staff for additional changes, or D. Deny Ordinance 537.

BACKGROUND
The demand for gas stations providing petroleum-based fuels is declining and is projected to continue declining significantly due to state and federal regulations mandating vehicle conversion to alternative fuels (i.e., one in four gas stations is projected to close by 2030). In anticipation, staff is proposing the commission consider discouraging the construction of those facilities expected to become outdated, underused, or vacant while encouraging the provision of new facilities consistent with vehicle conversion to alternative fuels. Staff further recommends facilitating economic development by partnering such uses with other compatible uses (e.g., electrical vehicle charging stations near shopping and restaurants or tourist destinations).

The Planning Commission considered Resolution of Intent 23-17 at a public hearing on September 14, 2023, for this item. The recommendations of the Planning Commission will be provided at the September 19, 2023, City Council meeting.

ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to code amendments shall be made upon the following findings of fact:

A. The proposed change or amendment is consistent with the city of Angels Municipal Code; and B. The proposed change or amendment is consistent with the city of Angels general plan; and C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.
7E

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06.220 (Gas Stations) - 2
Findings A &B – Consistency with the Angels Municipal Code and General Plan Applicable general plan goals, policies and programs include:
10A Maintain and enhance the city’s economic vitality while conserving the city’s social, environmental, and aesthetic resources.

The proposed code changes will discourage vacant buildings and encourage economic development. Based on the relationship between the proposed code changes and the preceding general plan goals, policies and programs, finding A can be made. Because the identified code changes are for the purposes of implementing the identified general plan programs, Finding B can be made.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Because the proposed amendment encourages a program consistent with economic trends and minimizes the likelihood of approving projects that will become vacant buildings, while planning for future trends in automobile use, Finding C can be made.

ENVIRONMENTAL FINDINGS:

The code provision provides guidance for new development, but does not result in any approval of new development (i.e., does not result in any physical change to the environment). Any new proposal would require review in conformance with the California Environmental Quality Act. Therefore, the proposed code changes will not result in a direct or indirect physical change to the environment and the codes change does not meet the definition of a Project pursuant to Section 15378 of the state and city guidelines for implementing CEQA and is, therefore, exempt.

ATTACHMENT:

A. Resolution of Intent 23-17 with Attachment A (clean) version of Section 17.06.220 (General Provisions and Exceptions – Gas Stations)
B. Ordinance 537 with Attachment A

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-17

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADDING A NEW SECTION 17.06.220 ADDRESSING

GAS STATIONS

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 the demand for gas stations providing petroleum-based fuels is declining and is projected to continue declining significantly due to state and federal regulations mandating vehicle conversion to alternative fuels; and WHEREAS, in anticipation, the planning commission intends to discourage the construction of those facilities expected to become outdated, underused, or vacant while encouraging the provision of new facilities consistent with vehicle conversion to alternative fuels; and WHEREAS, the planning commission desires to facilitate economic development by partnering such uses with other compatible uses (e.g., electrical vehicle charging stations near shopping and restaurants or tourist destinations); and
WHEREAS, a notice of public hearing for the proposed action was published August 31, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 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 because the proposed changes do not meet the definition of a “project” pursuant to Section 15378 of the state and city guidelines for the implementation of the California Environmental Quality Act;

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending Angels Municipal Code Chapter 17.06 in accordance with Attachment 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 September 14, 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 14th day of September, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder
Chairman
Caytlyn Schaner
Deputy City Clerk

17.06.220 Gas sta�ons
A. Findings. The City Council finds that the demand for gas sta�ons providing petroleum-based fuels is declining and is projected to con�nue declining significantly due to state and federal regula�ons manda�ng vehicle conversion to alterna�ve fuels. In an�cipa�on, the Council is discouraging the construc�on of those facili�es expected to become outdated, underused, or vacant while encouraging the provision of new facili�es consistent with vehicle conversion to alterna�ve fuels. The Council further intends to facilitate economic development by partnering such uses with other compa�ble uses (e.g., electrical vehicle charging sta�ons near shopping and restaurants or tourist des�na�ons).

B. New gas sta�ons providing petroleum based fuel are permited only in conjunc�on with and designed as part of a larger, integrated, development, such as a shopping center, excep�ng those pre-exis�ng sta�ons iden�fied in paragraph F. New stand-alone petroleum-based gas sta�ons, including new gas sta�ons with mini-marts and/or auto servicing, are prohibited in the city limits.

C. New gas sta�ons providing petroleum based fuel are prohibited in the Historical Commercial zoning district.

D. New gas sta�ons delivering petroleum based fuel shall provide, at a minimum, at least one electrical vehicle charging sta�on for every two petroleum-based (or hybrid) fueling nozzles with a minimum of six (6) electrical vehicle charging sta�ons regardless of the number of fueling nozzles.

Exis�ng facili�es (paragraph F) will be subject to this requirement upon applica�on for a facility expansion or replacement of underground storage tanks except that the minimum number of required EV charging sta�ons may be reduced to no less than two, if exis�ng space constraints prohibit adding more.

E. Design. Design standards for new gas/fueling and charging sta�ons include, but are not limited to:

1. Design shall be compatible with adjacent commercial developments through the use of compatible materials, textures, colors, landscaping treatment and access.

2. Vending machines shall not be allowed outside a structure for the purpose of dispensing items commonly found in a service sta�on or mini mart, such as refreshments and maps.

3. All repair and service activities and operations shall be conducted entirely within a fully enclosed building.

4. A master sign plan is required. Additional detached signage of any type advertising special offers is prohibited.

F. Existing gas-stations-expansions and replacements. The City currently recognizes four “stand-alone” gas stations or stations with mini-marts in the City limits. These are located at: 1049 South Main (APN 062-003-008), 714 South Main (APN 060-014-013), 686 South Main (060-014-032) and 36 North Main (058-017-005). These gas stations are subject to the requirements in paragraph D if and when a proposal to expand these stations or replace underground storage tanks at these locations occurs.

CITY OF ANGELS

CITY COUNCIL
ORDINANCE 537
ADDING A NEW SECTION 17.06.220 ADDRESSING

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

WHEREAS, the City Council finds that the demand for gas sta�ons providing petroleum-based fuels is declining and is projected to con�nue declining significantly due to state and federal regula�ons manda�ng vehicle conversion to alterna�ve fuels; and
WHEREAS, in an�cipa�on, the City Council intends to discourage the construc�on of those facili�es expected to become outdated, underused, or vacant while encouraging the provision of new facili�es consistent with vehicle conversion to alterna�ve fuels; and WHEREAS, the City Council desires to facilitate economic development by partnering such uses with other compa�ble uses (e.g., electrical vehicle charging sta�ons near shopping and restaurants or tourist des�na�ons); and
WHEREAS, the Planning Commission held a duly no�ced public hearing on September 14, 2023, and received public input on the proposed revisions to the Municipal Code and passed a Resolu�on of Intent recommending adop�on of those changes to the City Council; and WHEREAS, a no�ce of public hearing for the rezonings was published in the Calaveras Enterprise on September 7, 2023; and
WHEREAS, at duly no�ced public hearings on September 19, 2023, and October 3, 2023, the City Council heard and considered public input on the proposed amendment to the municipal code; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 537 adding a new Sec�on 17.06.220 addressing gas sta�ons in accordance with Atachment A based on the following findings:

1. The proposal is consistent with the City of Angels Municipal Code.

2. The proposal is consistent with the City of Angels General Plan

3. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

4. 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 changes do not meet the definition of a “project” pursuant to Section 15378 of the state and city guidelines for the implementation of the California Environmental Quality Act.

Sec�on 2: The foregoing Ordinance or a summary shall, before the expira�on of fi�een (15) days of its passage, be published with the names of the Council members vo�ng for and against the same once in a newspaper of general circula�on printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days a�er the passage thereof.

The foregoing Ordinance was introduced at a regular mee�ng of the City of Angels City Council held on September 19, 2023, and passed and adopted as an ordinance of said City at a regular mee�ng of said Council held on October 3, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG

17.06.220 Gas stations
A. Findings. The City Council finds that the demand for gas stations providing petroleum-based fuels is declining and is projected to continue declining significantly due to state and federal regulations mandating vehicle conversion to alternative fuels. In anticipation, the Council is discouraging the construction of those facilities expected to become outdated, underused, or vacant while encouraging the provision of new facilities consistent with vehicle conversion to alternative fuels. The Council further intends to facilitate economic development by partnering such uses with other compatible uses (e.g., electrical vehicle charging stations near shopping and restaurants or tourist destinations).

B. New gas stations providing petroleum based fuel are permitted only in conjunction with and designed as part of a larger, integrated, development, such as a shopping center, excepting those pre-existing stations identified in paragraph F. New stand-alone petroleum-based gas stations, including new gas stations with mini-marts and/or auto servicing, are prohibited in the city limits.

C. New gas stations providing petroleum based fuel are prohibited in the Historical Commercial zoning district.

D. New gas stations delivering petroleum based fuel shall provide, at a minimum, at least one electrical vehicle charging station for every two petroleum-based (or hybrid) fueling nozzles with a minimum of six (6) electrical vehicle charging stations regardless of the number of fueling nozzles.

Existing facilities (paragraph F) will be subject to this requirement upon application for a facility expansion or replacement of underground storage tanks except that the minimum number of required EV charging stations may be reduced to no less than two, if existing space constraints prohibit adding more.

E. Design. Design standards for new gas/fueling and charging stations include, but are not limited to:

1. Design shall be compatible with adjacent commercial developments through the use of compatible materials, textures, colors, landscaping treatment and access.

2. Vending machines shall not be allowed outside a structure for the purpose of dispensing items commonly found in a service station or mini mart, such as refreshments and maps.

3. All repair and service activities and operations shall be conducted entirely within a fully enclosed building.

4. A master sign plan is required. Additional detached signage of any type advertising special offers is prohibited.

F. Existing gas-stations-expansions and replacements. The City currently recognizes four “stand-alone” gas stations or stations with mini-marts in the City limits. These are located at: 1049 South Main (APN 062-003-008), 714 South Main (APN 060-014-013), 686 South Main (060-014-032) and 36 North Main (058-017-005). These gas stations are subject to the requirements in paragraph D if and when a proposal to expand these stations or replace underground storage tanks at these locations occurs.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (Vacant Buildings) - 1
DATE: September 19, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Introduce Ordinance 538, waive the first reading, hold a public hearing, and set October 3, 2023, to consider adding a new Section 17.06.210 addressing Vacant Buildings

RECOMMENDATION
Introduce Ordinance 538, waive the first reading, hold a public hearing, and set October 3, 2023, to consider adding a new Section 17.06.210 addressing vacant buildings.

The City Council may, on October 3, 2023:

A. Approve Ordinance 538 as presented, or
B. Approve Ordinance 538 with amendments, or
C. Return Ordinance 538 to staff for additional changes, or D. Deny Ordinance 538.

BACKGROUND
Numerous vacant buildings existing citywide, especially within the Historical Commercial zoning district.

Vacant buildings may discourage economic development, disrupt neighborhood stability, retard appreciation of property values, attract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deterioration both on site and on adjacent properties. In addition, the City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings. The purpose of this code amendment is to establish procedures to monitor, maintain, and return these structures to productive use.

The Planning Commission considered Resolution of Intent 23-16 at a public hearing on September 14, 2023, for this item. The recommendations of the Planning Commission will be provided at the September 19, 2023, City Council meeting.

ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to code amendments shall be made upon the following findings of fact:

A. The proposed change or amendment is consistent with the city of Angels Municipal Code; and B. The proposed change or amendment is consistent with the city of Angels general plan; and C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.
7F

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (Vacant Buildings) - 2
Findings A &B – Consistency with the Angels Municipal Code and General Plan Applicable general plan goals, policies and programs include:
10A Maintain and enhance the city’s economic vitality while conserving the city’s social, environmental, and aesthetic resources.

8.B.3 Recognize the importance of cultural resources management to the city’s economic health and development. Promote the continued private ownership and utilization of historic properties by providing economic and zoning incentives to stabilize and improve the value of properties designated as historic resources, and strengthen the economy of Angels Camp by enhancing the city’s attraction to residence and encouraging heritage tourism.

Implementation Program 10.A.j Encourage Adaptive Reuse
Amend the municipal code to allow uses not otherwise permitted within a commercial or business attraction and expansion district when that development involves adaptive re-use of buildings (rehabilitating historic buildings for new uses) compatible with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

The code amendment encourages re-use of vacant buildings, including those within the historical commercial zoning district, and discourages retaining buildings as vacant; thereby assisting in maintaining the city’s economic vitality consistent with Goal 10A.

It is noted that the general plan also calls for development incentives to encourage re-use of historic properties (e.g., adaptive re-use provisions, Mills Act). Staff will pursue these code amendments in future code updates in support of this proposed code amendment.

Based on the relationship between the proposed code changes and the preceding general plan goals, policies, and programs, finding A can be made. Because the identified code changes are for the purposes of implementing the identified general plan programs, Finding B can be made.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Because the proposed amendment encourages re-use of vacant buildings so that they do not fall into disrepair or discourage economic development; Finding C can be made.

ENVIRONMENTAL FINDINGS:

The code amendment subject is vacant (existing) buildings and their re-use. Therefore, the re-use of existing vacant buildings is Categorically Exempt from the state and city guidelines for the implementation of CEQA pursuant to Section 15301 of the guidelines which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities. It is noted that provisions for adaptive re-use of historical properties requires conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (Vacant Buildings) - 3
ATTACHMENT:

A. Planning Commission Resolution of Intent 23-16 with Attachment A (redline/strikeout) version of Section

17.06.210 (General Provisions and Exceptions – Vacant Buildings) B. Ordinance 538 with Attachment A

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 23-16

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADDING A NEW SECTION 17.06.210 ADDRESSING

VACANT BUILDINGS

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 vacant buildings may discourage economic development, disrupt neighborhood stability, retard appreciation of property values, attract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deterioration both on site and on adjacent properties; and
WHEREAS, the Planning Commission finds that the City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings; and WHEREAS, the proposed code amendment establishes procedures to monitor, maintain, and return these structures to productive use; and
WHEREAS, a notice of public hearing for the proposed action was published August 31, 2023, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 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 Categorically Exempt from further environmental review pursuant to Section 15301 of the state guidelines for implementing the California Environmental Quality Act (CEQA);

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending Angels Municipal Code Chapter 17.06 in accordance with Attachment 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 September 14, 2023, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 14th day of September, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder
Chairman
Caytlyn Schaner
Deputy City Clerk
Add to Sec�on 17.09.220 Defini�ons
“Vacant building” means real property with one or more structures, whether residen�al, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a mul�-unit structure or complex, vacant shall mean when any one unit is unoccupied or occupied by unauthorized persons. “Vacant building” includes the associated surrounding property. For the purposes of Sec�on

17.06.210, “associated surrounding property” includes the all property within the boundaries of the Assessor’s Parcel or parcels upon which the vacant building(s) is/are located.

Add all of the following:

17.06.210 Vacant buildings
A. Findings. The City Council finds that vacant buildings may discourage economic development, disrupt neighborhood stability, retard apprecia�on of property values, atract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deteriora�on both on site and on adjacent proper�es.

The City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings. Therefore, the City Council finds there is an urgent need to establish procedures to monitor, maintain, and return these structures to produc�ve use.

B. No owner shall allow a building designed for human use or occupancy to be a vacant building for more than sixty (60) days, unless one of the following applies:

1. The building is the subject of an ac�ve building permit for repair or rehabilita�on and the owner is progressing diligently, in the opinion of the city’s chief building official, to complete the work of repair or rehabilita�on.

2. The condi�on of the building complies with all codes, is ready for occupancy, as evidenced by a current cer�ficate of occupancy, and is both ac�vely being:
i. Offered by the owner for sale, lease, or rent; and
ii. Maintained and monitored by the owner in compliance with Sec�on 17.06.210(C).

C. Maintenance
Vacant buildings and all the associated surrounding property shall be maintained, ac�vely monitored, and secured in accordance with the following standards:

1. Yard maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condi�on, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condi�on. Any remaining associated surrounding property shall be maintained in compliance with city codes.

2. Building exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condi�on;

3. Building Maintenance (interior and exterior). The building shall be maintained without substandard condi�ons as described in California Health and Safety Code § 17920.3(g).

4. Broken windows. Board up broken windows within 24 hours and replace broken windows within 72 hours.

5. Trash and debris. Remove all trash and debris within 72 hours of placement or abandonment of the trash and debris on the property.

6. Compliance with laws. Maintain the building in con�nuing compliance with all applicable State and local codes and regula�ons and any applicable City issued permits.

7. Secure property. Secure the property, both vacant structure(s) and associated surrounding property, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by means as shall be accepted by the City Code Compliance Officer or his/her designee.

For purposes of securing vacant buildings and associated surrounding property, boarding up windows and doors and fully fencing the property is discouraged and shall only be used for short dura�on when it is determined by the City Code Compliance Officer or his/her designee that no other reasonable alterna�ve exists.

8. Graffi�. Remove all graffi� on the property within 48 hours of placement on the property.

D. Vacant building and associated surrounding property monitoring Any and all vacant buildings and their associated surrounding property are subject to monitoring by the code compliance officer or his or her designee. Monitoring is required to ensure compliance with this Sec�on and to ensure that the property owner is progressing diligently with authorized repair or rehabilita�on, the building is ready for occupancy and ac�vely offered for sale, lease or rent, or the property owner is ac�vely maintaining and monitoring the building and its associated surrounding property.

E. Vacant building and associated surrounding property registra�on and monitoring fee

1. Annual fee imposed. There is imposed on every property owner of a vacant building, together with its associated surrounding property, an annual vacant property registra�on and monitoring fee. The amount of this fee shall be established by city council resolu�on based on the reasonable cost of monitoring the vacant building and associated surrounding property. The fee shall be payable as to any vacant building and associated surrounding property which is vacant for more than sixty days for any reason. The fee shall be valid for the calendar year, or remaining por�on of the calendar year, in which the vacant property was ini�ally registered. Subsequent annual monitoring fees are due January 1st of each year and must be received no later than January 31st of the year due. Monitoring fees will not be prorated.

2. Fee waiver. The vacant building and associated surrounding property registra�on and monitoring fee may be waived by the code enforcement manager if the manager finds that the property is duly registered and, in their discre�on, finds that:
a. The property owner has obtained a land use en�tlement or a building permit and is progressing diligently with authorized construc�on, repair or rehabilita�on to ready the building and associated surrounding property for occupancy; or
b. The building and associated surrounding property meets all applicable codes, is not likely to become a nuisance, is the subject of regular inspec�ons and ongoing landscape maintenance and is ac�vely being offered for sale, lease or rent; or
c. The property owner demonstrates to the sa�sfac�on of the code enforcement manager that there is an ongoing contract with a local property manager (See paragraph G) to secure and maintain the property in compliance with the Angels Municipal Code and the local property manager is implemen�ng the contract in compliance with this Sec�on. d. The waiver granted in this sec�on may be rescinded at any �me if the code compliance officer finds that viola�ons of the Angels Municipal Code are present on the property.

F. Vacant building on-site no�ce
All vacant buildings shall post a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following informa�on:
(i) Name and twenty-four hour working contact telephone number and address of the owner, responsible party, or property management company; and
(ii) The statement that "THIS PROPERTY IS MANAGED BY" with the appropriate name inserted and "TO REPORT PROBLEMS OR CONCERNS OR IF YOU ARE INTERESTED IN THIS PROPERTY CALL" with the twenty-four hour telephone number listed.
(iii) For emergency communica�ons, the owner, responsible party, or property management company shall physically respond to the property within one hour from the �me a City official contacts them, if the City official determines it to be necessary.

The sign shall be constructed and printed with weather resistant materials and replaced if it should become faded or unreadable.

G. Local Property Management Required
If a building is determined to be vacant, and the property is owned by a corporation and/or out of area beneficiary, trustee, or owner; a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this Section, and any other applicable laws, are being met. For the purposes of this Section, “local” is defined as located, or having active open offices, in Calaveras, Tuolumne, Stanislaus, Amador or San Joaquin County.

H. Vacant building plan, Vacant building plan fee
In addition to a vacant building and associated surrounding property registration and monitoring fee; the City Code Compliance Officer or his or her designee may issue an Order to Submit a Vacant Building Plan to the property owner and require the payment of an addi�onal fee as required under this sec�on.

The Vacant Building Plan shall include the following informa�on and shall be submited within thirty (30) days of service of the Order:

1. Name and address of person submi�ng the Vacant Building Plan;

2. Name and address of all property owners of the subject property;

3. The name and address of a local agent, if the property owner(s) is/are not local, that the Code Compliance Officer may contact related to enforcement of this Sec�on;

4. The expected period of vacancy;

5. A plan to make any buildings ready for occupancy that could not be legally occupied under State and local law at the �me of submission of the plan;

6. If required by the Code Compliance Officer; a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) days or such other time as determined reasonable by the Code Compliance Officer under the circumstances;

7. A plan for actively monitoring, maintaining and securing the building and associated surrounding property and otherwise complying with this Section;

8. A leter of writen consent by the property owner(s) to the Code Compliance Officer to allow City code compliance inspectors to enter the property for inspec�ons sufficient to enforce the provisions of this Sec�on;

9. Any other informa�on required by the Code Compliance Officer to implement rules and regula�ons adopted pursuant to this Sec�on.

10. Excep�on: If the Vacant Building will be occupied within sixty (60) days of service of the No�ce, the owner may no�fy the Code Compliance Officer in wri�ng of this fact and the owner may be excused from submi�ng a Vacant Building Plan.

11. Vacant Building Plan Fee. When a property owner is directed to submit a Vacant Building Plan by the City Code Compliance Officer they shall also be required to pay a fee, not to exceed the costs of the City to review and approve the Vacant Building Plan, as established by the City Council. The Code Compliance Officer shall have discre�on to determine the number of inspec�ons required to monitor the subject building and associated surrounding property upon submission of the plan, based upon the type and condi�on of the property, and the history of viola�ons at the subject property.

I. Abatement/Public Nuisance
A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

CITY OF ANGELS

CITY COUNCIL
ORDINANCE 538
ADDING A NEW SECTION 17.06.210 ADDRESSING VACANT BUILDINGS THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, the City Council finds that vacant buildings may discourage economic development, disrupt neighborhood stability, retard apprecia�on of property values, atract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deteriora�on both on site and on adjacent proper�es; and
WHEREAS, the City Council finds that the City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings; and WHEREAS, the proposed code amendment establishes procedures to monitor, maintain, and return these structures to produc�ve use; and
WHEREAS, the Planning Commission held a duly no�ced public hearing on September 14, 2023, and received public input on the proposed revisions to the Municipal Code and passed a Resolu�on of Intent recommending adop�on of those changes to the City Council; and WHEREAS, a no�ce of public hearing for the rezonings was published in the Calaveras Enterprise on September 7, 2023; and
WHEREAS, at duly no�ced public hearings on September 19, 2023, and October 3, 2023, the City Council heard and considered public input on the proposed amendment to the municipal code; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 537 adding a new Sec�on 17.06.210 addressing vacant buildings in accordance with Atachment A based on the following findings:

1. The proposal is consistent with the City of Angels Municipal Code.

2. The proposal is consistent with the City of Angels General Plan

3. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

4. 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 15301 of the state guidelines for implementing the California Environmental Quality Act (CEQA).

Sec�on 2: The foregoing Ordinance or a summary shall, before the expira�on of fi�een (15) days of its passage, be published with the names of the Council members vo�ng for and against the same once in a newspaper of general circula�on printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days a�er the passage thereof.

The foregoing Ordinance was introduced at a regular mee�ng of the City of Angels City Council held on September 19, 2023, and passed and adopted as an ordinance of said City at a regular mee�ng of said Council held on October 3, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
Add to Sec�on 17.09.220 Defini�ons
“Vacant building” means real property with one or more structures, whether residen�al, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a mul�-unit structure or complex, vacant shall mean when any one unit is unoccupied or occupied by unauthorized persons. “Vacant building” includes the associated surrounding property. For the purposes of Sec�on

17.06.210, “associated surrounding property” includes the all property within the boundaries of the Assessor’s Parcel or parcels upon which the vacant building(s) is/are located.

Add all of the following:

17.06.210 Vacant buildings
A. Findings. The City Council finds that vacant buildings may discourage economic development, disrupt neighborhood stability, retard apprecia�on of property values, atract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deteriora�on both on site and on adjacent proper�es.

The City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings. Therefore, the City Council finds there is an urgent need to establish procedures to monitor, maintain, and return these structures to produc�ve use.

B. No owner shall allow a building designed for human use or occupancy to be a vacant building for more than sixty (60) days, unless one of the following applies:

1. The building is the subject of an ac�ve building permit for repair or rehabilita�on and the owner is progressing diligently, in the opinion of the city’s chief building official, to complete the work of repair or rehabilita�on.

2. The condi�on of the building complies with all codes, is ready for occupancy, as evidenced by a current cer�ficate of occupancy, and is both ac�vely being:
i. Offered by the owner for sale, lease, or rent; and
ii. Maintained and monitored by the owner in compliance with Sec�on 17.06.210(C).

C. Maintenance
Vacant buildings and all the associated surrounding property shall be maintained, ac�vely monitored, and secured in accordance with the following standards:

1. Yard maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condi�on, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condi�on. Any remaining associated surrounding property shall be maintained in compliance with city codes.

2. Building exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condi�on;

3. Building Maintenance (interior and exterior). The building shall be maintained without substandard condi�ons as described in California Health and Safety Code § 17920.3(g).

4. Broken windows. Board up broken windows within 24 hours and replace broken windows within 72 hours.

5. Trash and debris. Remove all trash and debris within 72 hours of placement or abandonment of the trash and debris on the property.

6. Compliance with laws. Maintain the building in con�nuing compliance with all applicable State and local codes and regula�ons and any applicable City issued permits.

7. Secure property. Secure the property, both vacant structure(s) and associated surrounding property, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by means as shall be accepted by the City Code Compliance Officer or his/her designee.

For purposes of securing vacant buildings and associated surrounding property, boarding up windows and doors and fully fencing the property is discouraged and shall only be used for short dura�on when it is determined by the City Code Compliance Officer or his/her designee that no other reasonable alterna�ve exists.

8. Graffi�. Remove all graffi� on the property within 48 hours of placement on the property.

D. Vacant building and associated surrounding property monitoring Any and all vacant buildings and their associated surrounding property are subject to monitoring by the code compliance officer or his or her designee. Monitoring is required to ensure compliance with this Sec�on and to ensure that the property owner is progressing diligently with authorized repair or rehabilita�on, the building is ready for occupancy and ac�vely offered for sale, lease or rent, or the property owner is ac�vely maintaining and monitoring the building and its associated surrounding property.

E. Vacant building and associated surrounding property registra�on and monitoring fee

1. Annual fee imposed. There is imposed on every property owner of a vacant building, together with its associated surrounding property, an annual vacant property registra�on and monitoring fee. The amount of this fee shall be established by city council resolu�on based on the reasonable cost of monitoring the vacant building and associated surrounding property. The fee shall be payable as to any vacant building and associated surrounding property which is vacant for more than sixty days for any reason. The fee shall be valid for the calendar year, or remaining por�on of the calendar year, in which the vacant property was ini�ally registered. Subsequent annual monitoring fees are due January 1st of each year and must be received no later than January 31st of the year due. Monitoring fees will not be prorated.

2. Fee waiver. The vacant building and associated surrounding property registra�on and monitoring fee may be waived by the code enforcement manager if the manager finds that the property is duly registered and, in their discre�on, finds that:
a. The property owner has obtained a land use en�tlement or a building permit and is progressing diligently with authorized construc�on, repair or rehabilita�on to ready the building and associated surrounding property for occupancy; or
b. The building and associated surrounding property meets all applicable codes, is not likely to become a nuisance, is the subject of regular inspec�ons and ongoing landscape maintenance and is ac�vely being offered for sale, lease or rent; or
c. The property owner demonstrates to the sa�sfac�on of the code enforcement manager that there is an ongoing contract with a local property manager (See paragraph G) to secure and maintain the property in compliance with the Angels Municipal Code and the local property manager is implemen�ng the contract in compliance with this Sec�on. d. The waiver granted in this sec�on may be rescinded at any �me if the code compliance officer finds that viola�ons of the Angels Municipal Code are present on the property.

F. Vacant building on-site no�ce
All vacant buildings shall post a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following informa�on:
(i) Name and twenty-four hour working contact telephone number and address of the owner, responsible party, or property management company; and
(ii) The statement that "THIS PROPERTY IS MANAGED BY" with the appropriate name inserted and "TO REPORT PROBLEMS OR CONCERNS OR IF YOU ARE INTERESTED IN THIS PROPERTY CALL" with the twenty-four hour telephone number listed.
(iii) For emergency communica�ons, the owner, responsible party, or property management company shall physically respond to the property within one hour from the �me a City official contacts them, if the City official determines it to be necessary.

The sign shall be constructed and printed with weather resistant materials and replaced if it should become faded or unreadable.

G. Local Property Management Required
If a building is determined to be vacant, and the property is owned by a corporation and/or out of area beneficiary, trustee, or owner; a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this Section, and any other applicable laws, are being met. For the purposes of this Section, “local” is defined as located, or having active open offices, in Calaveras, Tuolumne, Stanislaus, Amador or San Joaquin County.

H. Vacant building plan, Vacant building plan fee
In addition to a vacant building and associated surrounding property registration and monitoring fee; the City Code Compliance Officer or his or her designee may issue an Order to Submit a Vacant Building Plan to the property owner and require the payment of an addi�onal fee as required under this sec�on.

The Vacant Building Plan shall include the following informa�on and shall be submited within thirty (30) days of service of the Order:

1. Name and address of person submi�ng the Vacant Building Plan;

2. Name and address of all property owners of the subject property;

3. The name and address of a local agent, if the property owner(s) is/are not local, that the Code Compliance Officer may contact related to enforcement of this Sec�on;

4. The expected period of vacancy;

5. A plan to make any buildings ready for occupancy that could not be legally occupied under State and local law at the �me of submission of the plan;

6. If required by the Code Compliance Officer; a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) days or such other time as determined reasonable by the Code Compliance Officer under the circumstances;

7. A plan for actively monitoring, maintaining and securing the building and associated surrounding property and otherwise complying with this Section;

8. A leter of writen consent by the property owner(s) to the Code Compliance Officer to allow City code compliance inspectors to enter the property for inspec�ons sufficient to enforce the provisions of this Sec�on;

9. Any other informa�on required by the Code Compliance Officer to implement rules and regula�ons adopted pursuant to this Sec�on.

10. Excep�on: If the Vacant Building will be occupied within sixty (60) days of service of the No�ce, the owner may no�fy the Code Compliance Officer in wri�ng of this fact and the owner may be excused from submi�ng a Vacant Building Plan.

11. Vacant Building Plan Fee. When a property owner is directed to submit a Vacant Building Plan by the City Code Compliance Officer they shall also be required to pay a fee, not to exceed the costs of the City to review and approve the Vacant Building Plan, as established by the City Council. The Code Compliance Officer shall have discre�on to determine the number of inspec�ons required to monitor the subject building and associated surrounding property upon submission of the plan, based upon the type and condi�on of the property, and the history of viola�ons at the subject property.

I. Abatement/Public Nuisance
A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

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: September 19, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND DIRECTION TO APPLY FOR THE RECONNECTING NEIGHBORHOODS GRANT
RECOMMENDATION:

Discuss and given direction to staff to proceed to applying for the Reconnecting Neighborhoods grant program.

BACKGROUND:

The Reconnecting Neighborhoods Grant program is a Federal grant that would be use for construction funding on the Angels Creek Trail.

DISCUSSION:

The City of Angels has been successful in applying for and being awarded multiple years of CMAQ (Congestion Mitigation and Air Quality) funding for preliminary engineering, environmental, and cultural planning, and subsequent construction funding. However, it has long been understood that the funding currently identified is still short to complete Phase 1.

The U.S. Department of Transporation has a grant program that is intended to reconnect communities that has been cut off from economic opportunities by transportation infrastructure. This funding can be used to support planning, capital construction, and technical assistance to restore community connections through removal, retrofit, mitigation, or replacement of eligible transportation infrastructure facilities.

City staff is currently working with Dewberry to assist with identifying grant funding for the Angels Creek Trail. The next step is to get approval to apply. The City would have an interactive survey prepared, that can be shared by email and posted on the City’s Facebook page, in addition to other methods in order to gather community input and support.

FINANCIAL IMPACT:
20% Match – Would identify a grant funding match.
7G

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
ATTACHMENTS:

Resolution No. 23-75
Support Letter
Fact Sheet

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-75

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO DIRECT THE CITY ADMINISTRATOR

OR DESIGNEE TO SUBMIT AN APPLICATION FOR US DEPARTMENT OF TRANSPORTATION

CONNECTING NEIGHBORHOODS GRANT PROGRAM
WHEREAS,; the City of Angels has completed the planning, environmental, and cultural phases for the Angels Creek Trail project, and
WHEREAS,; the City of Angels has been successful in receiving awards of CMAQ funding for partial construction, and
WHEREAS,; the amount of funding required for construction currently exceeds the grant allocations of CMAQ, and
WHEREAS,; the Connecting Neighborhoods program, if awarded, would pay for eighty percent of the construction funding that is needed,
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the City Administrator or designee to submit an application for the Connecting Neighborhoods grant program for Angels Creek Trail for construction funding.

PASSED AND ADOPTED this 19thday of September 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Jennifer Davis-Herndon • Vice Mayor Isabel Moncada • Council Members Caroline Schirato, Alvin Broglio City Administrator Rebecca Callen • City Attorney Doug White, Churchwell White, LLP September 5, 2023
The Honorable Pete Buttigieg
Secretary of the United State Department of Transportation 1200 New Jersey Avenue, SE
Washington, DC 20590
Dear Secretary Buttigieg:

The City of Angels Camp requests your support for our application to fund the Angels Creek Trail Project under the Reconnecting Communities and Neighborhoods grant program awarded by the United States Department of Transportation.

The planned construction of a 0.5-mile multi-use trail will provide residents on the eastern side of town a pedestrian and cyclist connection to the City's historic downtown, schools, jobs, and community services available in Angels Camp. This neighborhood's only option to access community services is along a high-speed rural highway. It is impossible to walk or cycle along this highway segment safely. This lack of mode options is a mobility barrier for the residents of this neighborhood.

This trail component is the highest priority segment of the Angels Creek trail, which, when complete, will provide a multi-use trail facility paralleling the two main highways in town, allowing residents to travel through this community without owning a car.

Thank you for supporting programs to reconnect communities separated by infrastructure barriers.

Sincerely,
Jennifer Herndon,
Mayor Angels Camp
Funding Opportunity
The OST has combined the Reconnecting Communities Pilot (RCP) and Neighborhood Access and Equity (NAE) programs into the Reconnecting Communities and Neighborhoods Program, which offers two major discretionary grants with shared similarities.

Applicable Grant Types
Capital Construction
Reconnecting Communities and Neighborhoods (RCN) Program To fund reconnecting-focused projects and smaller projects focused on reducing environmental harm and improving access in disadvantaged communities. Projects may address a dividing facility, mitigating a “burdening” facility (a source of air pollution, noise, stormwater, or other burden), improving access and building or improving Complete Streets.

Available Funding: $1.15 Billion total , $148M RCP, $1B NAE Community Planning
To provide funds for planning activities to support future construction projects and allow for innovative community planning to address localized transportation challenges. Projects may address, planning to restore community connectivity, community/public engagement, assessing environmental impacts from transportations in underserved communities (i.e, air quality, greenhouse gas emissions, extreme heat hotspots, gaps in tree canopy coverage, or flood prone transportation infrastructure), and developing local antidisplacement policies and community benefit agreements.

Available Funding: $185 Million total , $50M RCP, $135M NAE Programs are awarded separately, however many projects are eligible and considered for both programs using a single application. The Programs share common characteristics, including:

Prioritize disadvantaged communities
Aim to improve access to daily needs such as jobs, education, healthcare, food and recreation Foster equitable development and restoration
Reconnect communities by removing, retrofitting, or mitigating highways or other transportation facilities that create barriers to Community connectivity, including mobility, access or economic development.

RCP vs NAE

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
RECOMMENDATION:

Provide direction to City staff as to whether the City Council vacancy created by the resignation of former Councilmember Gretel Tiscornia should be filled either by appointment or special election.

BACKGROUND/DISCUSSION:

In November 2020, Gretel Tiscornia was elected to a four (4) year term as Councilmember. Effective August 31, 2023, Councilmember Tiscornia resigned from the City Council. As a result, since August 31, 2023, there has been a vacancy on the City Council (the “Vacancy”).1
The City Council must, within sixty (60) days of the Vacancy, either fill the Vacancy by appointment or by calling a special election (the “Special Election”).2 Accordingly, the City Council has until October 30, 2023, to fill the Vacancy by appointment or call the Special Election.

If the City Council chooses to fill the Vacancy by appointment, the appointed Councilmember will serve until November of 2024, the remainder of former Councilmember Tiscornia’s term.3 If the City Council desires to appoint a Councilmember, City of Angels Camp (the “City”) staff recommends the City Council authorize City staff to solicit and collect applications from interested persons to serve as an appointed Councilmember for the City Council’s consideration. Once the City Council considers the submitted applications, City staff will prepare materials to finalize the appointment. The City Council must appoint a Councilmember who is at least eighteen (18) years old, and a registered voter and resident of the City.4 If the City Council chooses to fill the Vacancy by calling the Special Election, the Special Election must be held on 1 See Gov. Code, § 1770, subd. (c)(2).
2 Gov. Code, § 36512, subd. (b).
3 Since the Vacancy occurred in the second half of former Councilmember Tiscornia’s term, the appointed Councilmember serves the remainder of former Councilmember Tiscornia’s term. (Gov. Code, § 36512, subd. (b)(2)(B).) 4 Gov. Code, § 36502, subd. (a); Elec. Code, § 201.

Date:

To:

From:

Re:

September 19, 2023
City Council
Douglas L. White, City Attorney
Provide direction to City staff as to whether the City Council vacancy created by the resignation of Councilmember Gretel Tiscornia should be filled either by appointment or by calling a special election.
7H

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
the next established election date pursuant to Elections Code section 1000, not less than one hundred fourteen (114) days after the calling of the Special Election.5 Accordingly, the earliest date that the City Council can hold the Special Election is March 5, 2024, during the Presidential Primary Election. To qualify for election as Councilmember, a person must be at least eighteen (18) years old, and be a registered voter and resident of the City.6 The person elected at the Special Election will serve until November of 2024, the remainder of Councilmember Tiscornia’s term.7 If the City Council chooses to call the Special Election, City staff will prepare a resolution and any other needed materials.

In deciding whether to fill the Vacancy by appointment or calling the Special Election, the City Council should consider the costs to the City and how soon the Vacancy needs to be filled. If the City Council chooses to call the Special Election, the City must bear the Special Election’s cost. Costs associated with similar special elections can range up to a range of Ten Thousand Dollars ($10,000) to Fifteen Thousand Dollars ($15,000). Further, the Vacancy will remain until the Special Election is conducted and certified. If the City Council wishes to avoid incurring the Special Election’s costs and filling the Vacancy as soon as possible, the City Council may consider filling the Vacancy by appointment.

FISCAL IMPACT:

If the City Council calls the Special Election to fill the Vacancy, the City must bear the cost of the Special Election, which be costly. There will be no fiscal impact, except for staff time, if the City Council chooses to fill the Vacancy by appointment.

OPTIONS:

1. Provide direction to City staff; or

2. Continue the item for later consideration of the City Council with direction to City staff for additional analysis. The City Council must fill Vacancy by either appointment or calling the Special Election by October 30, 2023, which is sixty (60) days after the Vacancy. 5 Gov. Code, § 36512, subd. (b)(1).
6 Gov. Code, § 36502, subd. (a).
7 Gov. Code, § 36512, subd. (b)(1).

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: September 19, 2023
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: REVIEW APPOINTMENTS OF CITY COUNCIL

RECOMMENDATION
Review Commissions and appoint City representation due to the vacancy of Council member Tiscornia

BACKGROUND
City Council is to review and appoint Council and/or staff to represent the City of Angels on various commissions.

DISCUSSION
Below is the current representation:

Meeting Name
Meeting Start
Date
Current
Rep Day
Current
Alt.

Contact
Central Sierra Econ Dev Dist
Meets as scheduled,
try quarterly 9-11 am Schirato Thursday VACANT
COG Monthly - Evening
Moncada
and Broglio Wednesday Schirato
CPPA Quarterly 9-11 am VACANT Wednesday Schirato
IRWMA - Intergrated Regional
Water Management Authority Monthly 9-11 am O’Flinn Wednesday R. Callen LAFCO Quarterly- Evening
Herndon
and
Moncada Monday Broglio
Museum Foundation
Monthly 8:30 - 10:30
am Schirato Thursday VACANT
Solid Waste Task Force Monthly evening Schirato Wednesday Herndon Utica Budget Committee
Meeting Monthly 8-9:30 am Broglio
UWPA Board Monthly evening
Broglio and
Herndon Tuesday Schirato
All Hazards Monthly 1-2pm VACANT Tuesday
Broglio and
Moncada
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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
The Central Sierra Economic Development District: CSEDD is a five county Economic Development District that serves the Counties of Alpine, Amador, Calaveras, Mariposa and Tuolumne along with the Cities of Sonora and Angels Camp. Over 6,000 square miles. Located in the central Sierra Nevada Mountain range. Target Industries: Manufacturing, Construction, Healthcare, Natural Resources, Hospitality
• CSEDD partners with MLJT (Mother Lode Job Training) and local economic development offices to bring workforce and economic development assistance to businesses and residents throughout the Mother Lode Region. Offering Local & Regional Data, Event / Work Space, Various Business Support Calaveras County Council of Governments (CCOG): Calaveras Council of Governments (CCOG) was formed in January 1998 under a Joint Powers Agreement as the Regional Transportation Planning Agency (RTPA) for the County of Calaveras and the City of Angels. As an RTPA, the Calaveras COG is the designated planning and administrative agency for transportation projects and programs in the County.

Formation of the CCOG was an effort to improve the transportation planning process. The Council is composed of seven members – two County Supervisors, two Council Members from the City of Angels, and three members selected from the public at large.

Calaveras COG has taken a dynamic view of planning by encouraging and supporting both the County and the City to initiate and complete a variety of planning efforts.

The Council generally meets the first Wednesday of each month, 5:30 p.m. at the Calaveras County Government Center.

Calaveras Public Power Agency (CPPA): Power agency utilizing New Melones Entitlement to lower power costs to participating agencies.

Intergrated Regional Water Management Authority (IRWMA), Watershed Advisory Committee: The Tuolumne-Stanislaus Watershed Advisory Committee (WAC) has been established by the Tuolumne-Stanislaus Integrated Regional Water Management Authority (IRWMA) to advise the TStan IRWMA on all facets of the implementation of the Tuolumne-Stanislaus Integrated Regional Water Management Plan (T-Stan IRWMP). The WAC consists of representatives of the members of the IRWMA Board of Directors and representatives of parties designated to represent an interested organization within the T-Stan Region. WAC members and alternates are designated in writing by the respective governing body of each appointing entity. The WAC provides recommendations to the Board of Directors, but has no authority to take action that binds the Authority in any way.

Local Area Formation Commission (LAFCO): In addition to LAFCO’s regulatory responsibilities, Calaveras LAFCO considers that an important part of its role is to encourage communication and

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
collaborative planning and studies between public agencies.

Calaveras Lafco is funded by the City of Angels, Independent Special Districts and the County of Calaveras. Calaveras LAFCO also receives fee revenue generated by applications for entitlements for actions subject to LAFCO’s jurisdiction.

The Commission is composed of seven members: Two from the City of Angels Camp, Two from the Calaveras County Board of Supervisors, Two from Special Districts in the County and one public member at large. Each category of member has one alternate.
• Preserve prime agricultural and open-space lands;
• Encourage orderly growth and development;
• Promote orderly development and discourage urban sprawl; • Balance competing interests;
• Promote efficient service delivery.

Museum Foundation: The mission of the Angels Camp Museum Foundation is to raise the necessary funds to support the development and expansion of the exhibits, collections, and programs of the Angels Camp Museum.

Together with the Museum Director, our combined efforts seek to raise awareness of and enhance the Angels Camp Museum’s standing as one of the premier local history and educational museums in Northern California.

Solid Waste Task Force: Our mission is to ensure the availability of safe, responsible, and cost effective waste collection and disposal & recycling services to residents and businesses in Calaveras County. This site is for everyone interested in making smart choices about the waste which is generated in our homes, businesses, and our communities.

Utica Water and Power Authority Budget Committee (UWPA): A committee to review financial recommendations to then go before the full UWPA Board, including the annual budget, mid year changes, and financial policy recommendations.

Utica Water and Power Authority Board (UWPA): Utica Water and Power Authority is a nonprofit, Joint Powers Authority, which was formed in 1996 as a partnership between the City of Angels Camp and the Union Public Utilities District.

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
A staff of 10 operate a 27-mile-long water conveyance system consisting of Gold-Rush-era earthen ditches, wooden flumes, penstocks, and five reservoirs to move water from Avery to Angels Camp. That water serves the residential, commercial and agricultural needs of 10,000+ people. Utica also operates two hydroelectric power plants: one in Murphys and one in Angels Camp.

All Hazards : Formed in 2022 as a temporary Committee to grade a Comprehensive Update of City Muncipal Codes Re: Safety, Fire, Flood, Emergency response, and associated.

FINANCIAL IMPACT
None

ATTACHMENTS
None

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: September 19, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: MEDBERRY APN 064-004-033 CODE COMPLIANCE
RECOMMENDATION:

Discussion and recommend upholding the Notice and Order to Abate with an extension BACKGROUND:

Mr. Medberry attended the August 15, 2023, City Council meeting and requested City Council place his issue on the next agenda for discussion. An update was given to City Council on September 5, 2023 and approval was given to extend the compliance date to September 29, 2023.

DISCUSSION:

Per the September 5, 2023, meeting, Mr. Medberry (or designer) was going to respond to the outstanding comments and conditions set forth in the building permits, pay the outstanding mitigation and sewer fees, and come into compliance on all violations identified in the Notice sent on August 16, 2023.

Failure to abate, per the terms of the Notice will be recorded against the property.. A citation will be issued and continue to be issued each day the violation(s) are present. Continued refusal to comply, the permits for any future development will be withheld until compliance occurs. Additionally, Angels Camp Municipal Code 1.16.160 Civil Litigation will ensue:

AMC: 1.16.160 Civil litigation
If the owner, or tenant, fails to correct the violation(s) within the time specified in the notice and order to abate, the city administrator may request the city attorney apply to such court, or courts, as may have jurisdiction to grant such relief as will abate the public nuisance, or restrain and enjoin any person from creating or maintaining a nuisance.

This can include abatement by the city. Staff will work directly with legal counsel throughout the civil litigation.

FINANCIAL IMPACT:

The City Council approved fees associated with Code Compliance. Fees and any actual abatement costs would be a lien against the property if unpaid by the property owner.

ATTACHMENTS: N/A
7J

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: September 19, 2023
TO: City Council
FROM: Douglas L. White, City Attorney
RE: Consideration of a new lease agreement with Pickled Porch Café for the property Located at 1192 South Main St.

RECOMMENDATION:

City staff recommends that the City Council review the proposed Lease Agreement (“Agreement”) with Pickled Porch Café, and either approve the Agreement or provide staff with direction to negotiate revised terms.

BACKGROUND:

The City's building at 1192 S. Main Street - historical downtown Angels Camp – became vacant after the Calaveras Visitor's Center moved to the Angels Camp Museum in early July of 2020. Following the move, both City staff and Destination Angels Camp staff received inquiries into the status of the building and whether it would be available for commercial lease.

In August 2020, the Angels Camp City Council (“Council”) directed City staff to negotiate an Agreement with Gretel Tiscornia for the lease of the property. The Council approved an Agreement following discussions with Ms. Tiscornia in 2020. The terms of the original Agreement provided for the rental of the six hundred twentysix (626) square foot building at the property as well as the six hundred (600) square foot covered deck attached to the building. There are also ten (10) units of public restrooms on-site, a public drinking fountain, and a public parking area with thirty (30) parking spaces, including one (1) ADA parking space, operated by the City.

The Agreement provided for a rate of $1.25 per square foot of the leased interior space (interior dining and kitchen) for the first three (3) years of the Agreement, with an annual Consumer Price Index (CPI) adjustment thereafter. The lessee does not pay for use of the deck or restroom space.

In exchange for use of the deck and no additional rent, the Lessee agreed to clean and maintain the restrooms on a daily basis and lock and unlock the restrooms during business hours. Lessee was authorized to lock the restrooms if vandalism occurred on site and if the restroom needed repair above normal wear and tear. Lessor agreed to pay for the paper products, cleaning supplies, and lightbulbs for the public restrooms. 7K

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
DISCUSSION:

Following her resignation from the City Council in August, Ms. Tiscornia has requested consideration of a renewed lease of the Pickled Porch Café space. The newly proposed changes to the Agreement for the Pickled Porch Café need to be reviewed and approved by City Council.

The Agreement, as proposed by Ms. Tiscornia, contains the following proposed terms. The term of the Agreement shall be for five (5) years from the date of execution, and the Agreement will be automatically extended for an additional five (5) years unless the City or the lessee notify and deliver to the other party written notice that they do not intend to extend the Agreement. The rent amount shall remain the same as contemplated in the original Agreement. The lessee agrees to maintain the restrooms as required under the original Agreement, making sure the restrooms are accessible to the public during business hours of operation.

Ms. Tiscornia has requested terms for the right of first refusal for a new lease or possible purchase of the property.

FISCAL IMPACT
The City will receive the projected rental amount on a monthly basis with some savings on maintenance for the restrooms as the lessee will be responsible for cleaning and purchasing the necessary supplies.

ENVIRONMENTAL
This item is not a “project” under the California Environmental Quality Act (CEQA) as it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub.

Resources Code, § 21065.)
OPTIONS:

1. Approve the Agreement as proposed.

2. Provide additional direction to City staff for revised negotiation terms with the Pickled Porch; or

3. Reject the Agreement and potentially direct staff to solicit bids from interested parties for rental of the property.

ATTACHMENTS:

Lease Agreement
1 {CW132750.1}

LEASE AGREEMENT
This LEASE AGREEMENT (the “Agreement”) is executed this ____ day of ______________ 2023 (“Effective Date”) between the City of Angels Camp, a California municipal corporation, hereinafter referred to as “Lessor” and CYA Team, LLC (a.k.a Pickled Porch Café), a California limited liability company, hereinafter referred to as the “Lessee.” Lessor and Lessee may be referred to in this Agreement individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. Lessor owns a six hundred twenty-six (626) square foot building (the “Leased Premises”), located at 1192 South Main Street, Assessor Parcel #60-010-34, in the City of Angels Camp, County of Calaveras, State of California;
B. A six hundred (600) square foot covered deck is attached to the Leased Premises (the “Deck”), and adjacent to the Leased Premises are ten (10) units of public restrooms (the “Restrooms”), a public drinking fountain, and a public parking area (the “Public Parking Lot”) with thirty (30) parking spaces, including one (1) ADA parking space, operated by the Lessor (the “Unleased Premises”);
C. Lessee has rented the Leased Premises since 2020 through a lease agreement with Lessor;
D. Lessor wishes to enter into a new agreement to lease the Leased Premises to Lessee on the terms set forth herein
THEREFORE, in consideration of the mutual promises herein contained, and other good and valuable consideration, the Parties stipulate and mutually agree as follows:

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and the Sections contained in this Agreement, the Sections shall prevail.

Section 2. Effective Date. This Agreement, and all of its provisions, shall become effective upon the date of execution of this Agreement by all Parties.

Section 3. Lease of Premises. Lessor hereby agrees to lease to Lessee the Leased Premises for the term of this Agreement.

Section 4. Term. The term of this Agreement shall be for five (5) years from the date of execution by all Parties (“Original Term”).

Section 5. Lease Amendments. The Lessor and Lessee may initiate good faith negotiations to modify this Agreement at any time during the Original Term or Extended Term. Any modification of this Agreement must be agreed upon, in writing, by both parties. 2 {CW132750.1}
Section 6. Extended Term. This Agreement will be automatically extended for an additional term of five (5) years, unless Lessor or Lessee notify and deliver to the other Party written notice that they do not intend to extend this Agreement (the “Extended Term”). This Agreement shall only be subject to a maximum of two (2) Extended Terms. During any Extended Term, Lessee shall be bound by all obligations, covenants, and terms of this Agreement and any amendments thereto. The Original Term and any Extended Term may collectively be referred to as the “Term” of this Agreement.
a. In the event Lessor desires to terminate this Agreement after expiration of the Term and enter into a lease with another tenant for the Leased Premises, Lessee shall be given a good faith opportunity to negotiate a new lease with Lessor. Lessor shall not enter into a lease with a different tenant for the Leased Premises without first providing Lessee with a good faith opportunity to enter into a new lease for the Leased Premises.

Section 7. Rent. Lessee shall pay Lessor rent in the amount of one dollar and twenty-five cents ($1.25) per square foot (the “Rent”) per month, based on the square footage of solely the Leased Premises. The Rent shall not include the square footage of the Unleased Premises. The Rent shall be adjusted annually according to the U.S. Consumer Price Index of the Bureau and Labor Statistics of the Department of Labor for all Urban Consumers (CPI) for Oakland-San Francisco Area.
a. Rent shall be due on or before the 5th of each month and shall be paid to City of Angels and delivered to or mailed to the City of Angels Camp, 584 S. Main St., Angels Camp, CA 95222, Attention: City Administrator.
b. In exchange for use of the Deck, Lessee agrees to clean and maintain the Restrooms, lock and unlock the Restrooms, during days and business hours Lessee’s business at the Leased Premises is in operation. Lessee may lock Restrooms at all times if vandalism occurs and requires repair above the normal wear and tear. Lessor shall pay for the paper products, cleaning supplies, and lightbulbs for the public restrooms. Lessor may access, clean and maintain the Premises at any time Lessee’s business is not in operation and the Restrooms would not otherwise be open to the public.

Section 8. Permitted Use of Premises. During the term of this Agreement, the Lessee shall use the Leased Premises for the purpose of preparing and serving food, non-alcoholic and alcoholic beverages, and gift-like merchandise. Lessee shall maintain a City of Angels business license and any other licenses related to the goods and services sold. Lessee shall give Lessor copies of these licenses annually or as licenses are updated.

Section 9. Subject to Laws. Lessee accepts the Leased Premise subject to all local, state, and federal laws, regulations and ordinances. The Leased Premise is located in a Public Service District.

The Leased Premise is currently zoned “PS” but will undergo a zoning amendment to include a commercial zone. The zoning amendment will be at the expense of the Leased Parcel Owner, the Lessor.

Section 10. Parking. Lessor agrees to allow Lessee to use four (4) Assigned parking spaces within the Public Parking Lot (the “Assigned Parking Space”): Two (2) Assigned Parking Spaces shall be designated for “curbside pickup,” that shall be located on the north side and adjacent to the Leased Premises; one (1) Assigned Parking Space shall be designated for a debris box; and one (1) Assigned Parking Space shall be designated for loading and unloading that shall be located on the 3 {CW132750.1}
west side and adjacent to the Leased Premises.

Section 11. Utilities.
a. There is a joint meter for the water and sewer used for the Leased Premises, the Restrooms, drinking fountain and landscaping. The average cost for water and sewer services in 2019/2020 was two hundred twelve dollars ($212.00) per month. Lessee agrees to pay City any amount over two hundred twelve dollars ($212.00) for Lessee’s use of water and sewer services for the Leased Premises per month. b. Lessor owns a Calaveras Public Powers Agency (C.P.P.A) electric meter for the Leased Premises, the Deck, the Restrooms and the Public Parking Lot. The average cost for electricity in 2019/2020 was forty dollars ($40) per month. Lessee agrees to pay City any amount over $40 for use of electricity for the Leased Premises per month. c. Lessee agrees that this Agreement does not include any additional utilities or services and agrees to pay for all other utilities related to tenant operations.

Section 12. Inspection by Lessor. Lessee shall permit Lessor or Lessor’s agents, representatives, or employees to enter the Leased Premises at all reasonable times for the purpose of inspecting the Leased Premises.

Section 13. Fixtures. Lessee shall not make any alterations or additions to the Leased Premises without prior written consent of Lessor.

Section 14. Waste or Nuisance. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code or under the City of Angels Municipal Code on the Leased Premises and Lessee shall not use or permit the use of the Leased Premises for any unlawful purpose. The Lessee further agrees not to use or keep on the Leased Premises any article which the Lessor’s Risk Management Authority may deem hazardous.

Section 15. Alterations and Repairs (Conditions of Premises). Lessee accepts the Leased Premises, as well as the improvements thereon and the facilities appurtenant thereto, in their present condition. Lessee further agrees with and represents to the Lessor that the Leased Premises have been inspected by Lessee and that it has been assured by means independent of Lessor or any agent of Lessor of the truth of all facts material to this Agreement and that said premises are being leased by Lessee as a result of its inspection and investigation and not as a result of any representation made by Lessor or any agent of Lessor.

Section 16. Maintenance or Repair. Lessor shall at all times, at its own cost and expense, maintain the roof and outside portion of the building, walks, driveway and parking area as herein provided, except such repairs as are made necessary by the willful or negligent acts of Lessee or any other person using said premises with the consent of Lessee, and in such case, Lessee will make the necessary repairs at its own cost and expense, excluding damage to public restrooms. Lessor shall, at its own cost and expense, maintain the interior of the building, including all plumbing, heating, cooling and electrical fixtures and equipment located therein. Lessor will provide maintenance for the heating and air conditioning unit as required and in the sole discretion of Lessor.

Section 17. Surrender of Premises. On expiration or sooner termination of this Agreement, or 4 {CW132750.1}
any extensions or renewals of this Agreement, Lessee shall promptly surrender and deliver the Leased Premises to Lessor in as good condition as they are now, at the date of this Agreement, reasonable wear and tear and repairs herein required to be made by Lessor excepted.

Section 18. Additional Terms. In addition to the terms of this Agreement, each Party agrees to perform the following:
a. Lessee:
• Remove graffiti immediately. When graffiti removal is beyond Lessee’s personnel’s capability, the Lessor must be notified immediately. • Any alterations to the building such as any signage, re-painting, carpeting, permanent fixtures or anything attached to the building, etc. must be approved by the Lessor.
• Notify the Lessor immediately of any problems or damage to the building, grounds or parking lot.
• Lessee’s employees will not park in the adjacent parking lot, Hardscrabble Road or Main Street unless it is for loading and/or unloading supplies. The preferred parking lot is the Raspberry parking lot.
b. Lessor:
• Maintain the structural aspects of the building and parking lot by making necessary repairs; re-painting, address water/sewer problems, electrical HVAC and plumbing problems, re-striping, lighting and replacement of light bulbs.
• Perform annual and/or major landscaping maintenance such as tree trimming and/or removal, irrigation lines.
• Remove graffiti that cannot be taken care of by Lessee’s personnel.

Section 19. Use of the Parking Lot by Lessor. From time to time the Lessor may authorize the use of the adjacent parking lot (including use of electricity and water) or yard, for special events. The Lessor will be responsible for maintenance and housekeeping costs. Lessor will notify Lessee at least ten (10) days in advance of such use.

Section 20. Insurance.
a. General Liability. Lessee shall, at its own cost and expense, cause said premises to be insured by an insurance company authorized to do business in the State of California and obtain a policy of general liability and property damage insurance, except as hereinafter provided, in the limits to at least two million dollars ($2,000,000.00) for the injury or death, happening, or event and at least two hundred thousand dollars ($200,000.00) for damage to property, and shall thereafter at all times during the term of this Agreement at its own expense, cause the same to be kept in full force and effect. The policy or policies are attached as part of this Agreement and will be updated on an annual basis (date of signature) and shall name Lessor as an additional insured.
b. Workers Compensation Insurance. Lessee shall, at its own cost and expense, maintain workers compensation insurance, as required by the Labor Code, on its employees for the term of this Agreement.
c. Fire Insurance. Each Party to this Agreement shall keep its interest in the Leased 5 {CW132750.1}
Premises, the structures thereon and the personal property therein, insured at its own expense against fire, extended coverage, and such other risks as it may choose. d. Policy Obligations. Lessee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements.
e. Material Breach. If either Party for any reason fails to maintain insurance coverage that is required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement. In such instance, the non-breaching Party at its sole option, may terminate this Agreement and obtain damages from the breaching Party resulting from said breach.

Section 21. Total Destruction. If, at any time during the term of this Agreement, the Leased Premises is wholly destroyed or so damaged as to be wholly un-tenantable from any cause whatsoever, this Agreement shall immediately terminate and Lessee shall thereupon be relieved of all obligations imposed by this Agreement, and Lessor shall pay to Lessee the amount of any unearned rental, provided that the terms and conditions hereof have been fully complied with by Lessee.

Section 22. Partial Destruction. If at any time during the term of this Agreement, the Leased Premises shall be partially destroyed by fire or act of God, Lessor shall forthwith repair same, if such repairs can be made under the laws and regulations of any governmental authority having jurisdiction over said premises, within ninety (90) days after the date of partial destruction. If such repairs cannot be made within the above period, this Agreement may be terminated at the option of either Party.

Section 23. Indemnification. Lessee shall defend, indemnify, protect, hold harmless, and release Lessor and Lessor’s elected and appointed officials, directors, officers, employees, agents, and representatives (“Lessor’s Agents”) from and against any and all actions, claims, damage, injury, liability, or expenses, including attorneys’ fees, in connection with the loss of life, personal injury, or damage to property arising from Lessee’s use of the Leased Premises, or arising from or out of Lessee’s willful acts or negligence, wholly or in part, by any act or omission of Lessee, its agents, representatives, employees, invitees, or contractors. These obligations to defend, indemnify, protect, hold harmless, and release Lessor, and Lessor’s Agents, shall not apply to the extent that the liabilities are caused in whole or in part by the gross negligence or willful misconduct of Lessor, and Lessor’s Agents. This section shall survive the termination or expiration of this Agreement.

Section 24. Assignment and Subletting. Lessee shall not encumber, assign, or otherwise transfer this Agreement, any right or interest in this Agreement, or any right of interest in the Leased Premises or any of the improvements that may now or hereafter be constructed or installed on the Leased Premises without the express written consent of Lessor. Neither shall Lessee sublet the Leased Premises or any part thereof or allow any other person, other than Lessee’s agents, servants, and employees, to occupy said Leased Premises or any part thereof without the prior written consent of Lessor. Lessor’s written consent under this Section shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, or one occupation of said premises by another person shall not be deemed a consent to any subsequent assignment, subletting, or occupation of said premises by any person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Agreement. 6 {CW132750.1}
Section 25. Sale of Leased Premises. Prior to Lessor selling the Leased Premises to any other party, Lessee shall have the first opportunity to acquire the Leased Premises from Lessor. Lessor shall not enter into any agreement with another party for sale of the Leased Premises without first providing Lessee with a reasonable opportunity to acquire the Leased Premises. Lessee’s right to acquire the Leased Property under this Section is subject to Lessee’s obligation to comply with the Surplus Land Act (Gov. Code, § 54220 et seq.), whereby designated entities are entitled to receive the first opportunity to acquire the surplus land of public agencies. Compliance with the Surplus Land Act shall be determined by Lessor prior to Lessor receiving an opportunity to acquire the Leased Premises.

Section 26. Default. Should Lessee default in the performance of any of the covenants, conditions or agreements contained in this Agreement, or abandon the property leased herein, Lessee shall have breached the Agreement and Lessor may, in addition to any other remedies provided by law, reenter and regain possession of said premises in the manner provided by the laws and unlawful detainer of the State of California then in effect.

Section 27. Attorney’s Fees. Should any litigation be commenced between the parties to this Agreement concerning said premises, this Agreement, or the rights and duties of either in relation thereto, the Party, Lessor or Lessee, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for its attorney’s fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose.

Section 28. Notice. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party hereto by the other Party hereto, shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom they are directed, or in lieu of such personal service, when deposited in the United States mail, first class postage pre-paid, addressed to:

Landlord: City of Angels___________ Tenant: Gretel Tiscornia____________ 200 Monte Verda St, Suite B_________ 1292 S. Main St___________________ P.O. Box 667_____________________ P.O. Box 36______________________ Angels Camp, CA 95222____________ Angels Camp, CA 95222____________ (209) 736-2181____________________ (209) 471-0589____________________ Either Party may change its address for the purpose of this section by giving written notice of such change to the other Party in the manner provided in this section.

Section 29. Severability. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding.

Section 30. Sole and Only Agreement. This instrument constitutes the sole and only Agreement between the Lessor and Lessee respecting the Leased Premises, the leasing of the Leased Premises to Lessee, or the term of the Agreement herein specified and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting said premises or their leasing by either Party not expressly set forth in this instrument are null and void. 7 {CW132750.1}
Section 31. Time of Essence. Time is expressly declared to be the essence of this Agreement.

Section 32. Agreement Non-Transferable. This Agreement is non-transferable and is made for the express purpose of leasing the Leased Premises to Lessee. Nothing herein shall be construed to create any right of a third Party to enforce this Agreement or to seek any benefit therefrom.

Section 33. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement.

Section 34. Amendment/Waiver. No amendments to this Agreement shall be effective unless such amendment is made in writing, signed by both Parties. The failure by a Party to enforce any provision of this Agreement or to require performance by the other Party, will not be construed to be a waiver, or in any way affect the right of either Party to enforce such provision thereafter.

Section 35. Choice of Law and Venue. The Parties agree that this Agreement is to be governed by and construed under the law of the State of California. The Parties further agree that in the event of a dispute regarding the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Calaveras, California. [SIGNATURES ON FOLLOWING PAGE]
8 {CW132750.1}
IN WITNESS WHEREOF, this Agreement has been entered into by and between Lessor and Lessee as of the dates set forth below.

LESSOR:

CITY OF ANGELS CAMP,
a California municipal corporation
By:

Rebecca Callen, City Administrator
LESSEE:

CYA Team, LLC (AKA Pickled Porch Café),
a California limited liability company.

By:

Gretel Tiscornia
ATTEST:

By:

Print:

City Clerk
APPROVED AS TO FORM:

By:

Douglas L. White, City Attorney

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: September 12, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR AUGUST 2023

RECOMMENDATION
No action is required.

DISCUSSION
This is a look back at the efforts of the City Staff and any notable activities impacting the City and its community.

Administration Update
We had a very successful Employee Recognition event, attended by all departments in Gateway Park.

We met with the County to discuss better coordination across various divisions. It was a very productive meeting, and we have an excellent working relationship and understanding of the various complications that can happen when we aren’t on the same page.

I coordinated a Water/Wastewater Engineering meeting and will have these monthly to ensure we are on target for this year's CIP projects and plans.

I met with Caltrans to discuss the SR4/49 project. Once the appraisal map is complete, we will coordinate public outreach meetings and City Council updates in early 2024. In addition, I asked that Caltrans coordinate with Engineering and Operations staff to align their projects with our underground projects (dig once!).

Building, Planning, and I attended a GIS demo meeting with ESRI. We currently lack any GIS access, and some very cost-effective solutions would assist all facets of our organization. We would rely on 10A

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 consultation to link Parcel Quest, iWorQ, and our existing shapefiles. Additionally, we would want to train field staff and Building staff on collection methods to keep our data updated in the future. I will prepare a budget in October to discuss further with the Council.

We met with LAFCO Director to kick off the City’s SOI and MSR review.

I continue working with staff on iWorQ implementation for the Citizen Portal and Work Order Requests/Work Order Management. This will finish the customer/applicant-facing tasks and streamline them to staff assignments. Additionally, this will streamline field staff tasks by implementing maintenance schedules and work order tracking to ensure the timely closure of issues. Additionally, fire staff will have access to hydrant and waterline GIS information to better assist them in the field.

The Citywide Roadside Safety Sign project RFP closed and has been awarded. Staff are working through the initial contracting process and coordinating CM and Inspection efforts with the Contractor, John McGuire.

City Hall is now utilizing RingCentral, which is allowing. staff to transfer calls between different desks, better control and update the phone tree, voicemail to text, and email faxing. While all of this seems very simple, we had none of this in place and were struggling with what we had.

We now have IVR capabilities. Utility customers can now call and pay their bills by phone, and IVR can also be used to call out to customers. This will be used for outages, boil water notices, and updates to water and sewer infrastructure that is specific to streets/neighborhoods.

Fire Update
Calls for service 59 EMS Rescue 9 public service 16 canceled enroute 5 alarms 2 Fires Working on staffing vacant position Anticipate 1-2 more opens by the end of Sept. FFs taking other agency jobs.

Attend County Chiefs Mtg County operations Mtg Chiefs Assoc mtg Council mtg Staff mtgs OES mtg Working on possibilities if any building in town could house fire dept apparatus. Discuss w City Admin. (1) possibility. Discuss staffing options with the City Admin. Attended City Council meetings Helped plan organize and attend the employee recognition party at Gateway park Attend Calaveras County Healthcare Coalition meeting Attended all hazards steering committee meeting Final inspection of Bret Harte High School Fire alarm upgrade Attended the Kick-off Breakfast at Mark Twain Elementary School Fire Code Discussion with Gretal on opening restaurant S. Main St. Annual Mandatory inspection

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Jumping Frog Hotel Attend meeting on Lexipol Cordico App building Attend training on ESO Software properties and inspections Attend County OES Situational awareness meeting about hurricane Hilary Fire Code discussion with Utica Park Contractor to facilitate design Work with Comcast to upgrade services at the Fire Station 1 Extract Nifrs data from old RMS software and sent to new RMS software team to install Annual mandatory inspection Angels INN Attend Utica Water and power JPA mixer and facility tour Rough Fire Sprinkler inspection 1055 Deveggio Meeting with City Engineers on MACT Museum water line install
Police Update
• 547 Calls for service and officer-initiated activities Arrest Breakdown:
• (2) 4462.5 VC
• (4) Out of County Warrants
• (1) 14601.2(a) VC
• (1) 23152(a) VC
• (1) 22810(d) PC
• (1) 3455(a)(4) PC & 11377 HS
• (1) violation of probation
• (1) 10851 VC
• (1) 459.5 PC
• (1) FTA Bench Warrant
• (1) 496 PC
• RIMS: attended multiple trainings, worked/still working with Coneth and County IT as issues come up, switched over.
• Employee lunch
• Teresa: DMV meeting for parking cite processing (FGS ending, new system in the works, for now use SFT)
• Teresa: CIBRS Errors and Warnings training
• Teresa/Cindy: Evid/Property returns.
• Teresa: working on entering records in RIMS from Crimestar. Examples: 290s, 457.1, Property/Evidence, etc. (this will be an ongoing process that will take months or more.)

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 • Cindy: CCWs- coordinating pick up/drop off of completed paperwork and CCWs/scheduling new CCW applicant interview.
• Cindy/Teresa: 10 PRA requests
• Teresa/Cindy: 14 background checks
• Cindy: (12) processed parking citations.
• Cindy/Teresa: 76 people in the lobby during business office hours • Cindy: Assisted with pickup/drop off of vehicles.
• Teresa: Worked on Faith and Blue event coordination.

Electronic Speed signs are being researched and ordered to help monitor and prevent speeding in problem areas throughout the City.

Engineering Update
Continuing to work on MACT and H4H projects. Also working on the All-Hazards code update project to identify concerns and issues that would later impact the workflow between applicant, planning, and building.

Public Works Update
Water Distribution: Staff completed monthly meter readings, 89 meter rereads, 25 shut-off notices, and 10 shut-offs. Staff downsized the water meter for the Gateway Park bathrooms to save significant money on water costs, changed out broken water meters, and did three water service leak repairs.

Wastewater Collections: Staff completed monthly lift station cleaning, pumped the inverted siphon on Finnegan twice, jetted and cleaned sewer lines from Murphys Grade Rd. to Monte Verda St., pulled and repaired pumps 2 and 3 at Greenhorn lift station #1 and responded to 2 sewer main line plugs. Parks and Roads: Staff brushed Finnegan Ln. and parts of Mark Twain Rd, painted parking arrows on Rasberry Ln for Slate Circle, mowed and weed-eat the old schoolhouse, Tryon Park, Gateway Park, and the flagpole area at P.D. Staff also painted over the graffiti at Gateway Park bathrooms and repaired multiple sprinklers at the parks. Staff also changed out banners twice downtown. Staff responded to 31 service requests, 14 USA digs, and 7 work orders.

Water/Wastewater Update
Water Treatment: Staff continues operations and maintenance as usual. Staff completed repairs on the cathodic protection system for the Clearwell. The staff contacted 20 households to participate in lead and copper sampling in September. Wastewater Treatment: Staff continues operations and maintenance as usual. Staff continues bio-solids drying operations in preparation for shipping them out

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 by the end of September. Staff replaced an underground airline that operated the plant filtration system and did repairs on the filters. Spray Fields: Staff repaired 43 sprinklers and one lateral line. Staff also did weed eating and brush removal behind the Glory Hole building per the property owner's request.

Staff are working to identify a plan for smoke testing problem sewer lines throughout the City. Based on the results, projects will be identified to reduce I&I that negatively impact the City Wastewater Treatment Plant. To avoid public confusion on smoke, we will work with City Hall to use the new IVR system to reach out to those impacted neighborhoods, send out a press release, and a Social Media blast—schedule to be determined.

Staff are coordinating with UPUD on a Grant through IRWMA to install a water fill station. While its location would be within the UPUD jurisdiction, and UPUD is the lead grantee, it would be a dual-use station should City residents with wells have issues with them during a drought, etc.

We have worked with the California Rural Water Association to do an energy efficiency analysis related to our water and wastewater infrastructure. This would identify pumps (for the most part) that could be replaced and save the City energy costs. The report will be available in September for staff to determine Cost/Benefit.

Lastly, we had a conference call with Verkada to discuss security systems and cameras. The Wastewater Treatment facility continues to be a target of theft. They are sending a demo camera to try, and we will determine next steps based on ease of installation and use. I will be coordinating with Police to show them the portal and camera options as well in case they are interested in other solutions or locations if it seems beneficial.

Building/Planning Update
Building processed 14 new building permits in August, including two new single-family residences, eight re-reroofs, two solar, one water heater, and one fire sprinkler. Planning permits included two encroachment permits, a lot merger, and a sign. Eleven new business license applications were received.

Staff investigated mapping software for Geographic Information System mapping that does not require a trained GIS staff member. This would allow zoning and general plan maps to be available online for

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 the public, real estate agents, and developers assisting with economic development and public access.

Staff began work on a grant application (due 9/18) for a community resilience center grant to rehab and expand City Hall to include meeting space, emergency services, and social services. The grant would pay for public outreach, design, preliminary site studies (geotechnical), and preparation of constructionlevel plans. Staff also continued implementing the Local Early Action Planning (LEAP) grant, including preparing draft codes addressing vacant buildings, storage containers, cottage food operations, living in RVs, using RVs for construction offices, special events, limiting petroleum-based gas stations, and ongoing preparation of design guidelines for the Shopping Center, Community Commercial and Historical Commercial zoning districts. Utica Park planning continued with a focus on geotechnical studies.

Finance Update
During August Finance focused on getting all receipts and journal entries posted in the prior fiscal year (6/30/2023) to close the year. We finished updating the Fee Schedule with revisions from Building and Planning. We worked on cross-training between positions to ensure no gaps in tasks while someone was out. Began cleanup of Springbrook to implement IVR software for 30-day late notices and shut-offs.

We will still send out paper copies but will also use the IVR software to phone residents, allowing them to pay over the phone. The training was taken for Understanding the Financial Data Transparency Act through the League of Cities, and we had a kickoff meeting with ClearGov to implement Dashboards and Digital Budget Book.

Code Compliance Update
26 open cases. Two cases were closed in August, and four new cases are pending review. Code Compliance can now apply fees to the cases. The Critical Infrastructure Ordinance is enforceable September 15, 2023.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Attractive
Nuisance
23%
Rubbish, Garbage,
refuse
11%
Substandard
Conditions
27%
Unsafe to Occupy
27%
Vehicles
12%

VIOLATION TYPES

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