Agenda packet — Angels Camp City Council, October 3, 2023 (part 1 of 2)

Mission Statement:

To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountablility, and efficiency for the benefit of our community
Vision Statement:

Dedicated to preserving our rich history and providing a safe and thriving community that is devoted to families, businesses, and visitors

CITY OF ANGELS

CITY COUNCIL AGENDA
October 3, 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
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Meeting ID: 259 054 873 390
Passcode: NRF287
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CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

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

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

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

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

To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountablility, and efficiency for the benefit of our community
Vision Statement:

Dedicated to preserving our rich history and providing a safe and thriving community that is devoted to families, businesses, and visitors 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiators (Govt. 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
B. Conference with Real Property Negotiators
Property Location: 060-018-003, 004
Agency Negotiator: Rebecca Callen, City Administrator
C. Conference with Real Property Negotiators
Property Location: 058-007-005, 20 Acres (Altaville Sanitary District) Agency Negotiator: Rebecca Callen, City Administrator
D. Conference with Labor Negotiations (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)
6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. 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
B. Conference with Real Property Negotiators
Property Location: 060-018-003, 004
Agency Negotiator: Rebecca Callen, City Administrator
C. Conference with Real Property Negotiators
Property Location: 058-007-005, 20 Acres (Altaville Sanitary District) Agency Negotiator: Rebecca Callen, City Administrator
Mission Statement:

To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountablility, and efficiency for the benefit of our community
Vision Statement:

Dedicated to preserving our rich history and providing a safe and thriving community that is devoted to families, businesses, and visitors D. 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)

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 19, 2023, Rose Beristianos, City Clerk B. Approve Resolution No. 23-77, Opposing California Business Roundtable (CBRT) Ballot Initiative known as the Taxpayer Protection and Government Accountability Act or TPA, Rose Beristianos, City Clerk

7. REGULAR AGENDA
A. Utica Park, Amy Augustine, City Planner
B. PUBLIC HEARING: Second Reading, Hold Public Hearing 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: Second Reading, Hold a Public Hearing 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: Second Reading, Hold a Public Hearing to Consider Adopting Ordinance 536, 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 Mission Statement:

To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountablility, and efficiency for the benefit of our community
Vision Statement:

Dedicated to preserving our rich history and providing a safe and thriving community that is devoted to families, businesses, and visitors 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: Second Reading, Hold a Public Hearing to Consider Adopting Introduce Ordinance 538, 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
F. Approve Resolution No. 23-76, Awarding Contract to Bartle Wells Associates and Authorize the City Administrator to Execute all Necessary Documents to Proceed with the Water and Sewer Rate Study, Rebecca Callen, City Administrator
G. Approve the Amended Employment Agreement for Police Chief, Scott Ellis, Rebecca Callen, City Administrator
H. Approve Resolution No. 23-78, Granting Authority for the City Administrator to Place an Employee Above Step 3, Rose Beristianos, City Clerk

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

10. CORRESPONDENCE
A. Letter of Support for the Central Valley/Greater Sierra Climate Adaptation Network (CAN) Recompete Funding Application

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 19, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

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
Passcode: 8XV5Wg
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Or call in (audio only)
+1 209-662-6903,,386003393# United States, Stockton
Phone Conference ID: 386 003 393#
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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.

Mayor Jennifer Herndon (PRESENT)
Vice Mayor Isabel Moncada, Remote Location: Omni Hotel 100 CNN Center Atlanta, GA 30303 Conference Room: Juniper Room Floor: M2 North Tower (PRESENT) Council Members Alvin Broglio, Caroline Schirato (PRESENT, ONE VACANT SEAT) City Administrator Rebecca Callen (PRESENT) City Attorney Deb Vierra (PRESENT FOR DOUG) 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. 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 – (WILL CONTINUE AFTER THE MEETING) 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) – MOTION TO APPROVE BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER SCHIRATO, PASSED 4 YES, 1 VACANT

5. PUBLIC COMMENT - NONE

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 ACTION: MOTION TO APPROVE CONSENT AGENDA BY COUNCIL MEMBER BROGLIO, SECONDED BY VICE MAYOR HERNDON, PASSED 4 YES, 1 VACANT

7. REGULAR AGENDA
A. Utica Park, Amy Augustine, City Planner

COUNCIL DISCUSSION
PUBLIC COMMENT: GRETEL TISCORNIA SPOKE ABOUT WHO SHOULD BE INCLUDED ON THE

COMMITTEE

JUSTIN STATED THAT HE WAS NOT NOTIFIED
COMMENT IN CHAT TO CLARIFY THE $75,000 OF $175 CONTRACT 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 - GIVEN
II. Open Public Hearing - OPENED
III. Receive Public Comment - NONE
IV. Close Public Hearing – CLOSED
SECOND HEARING SET FOR OCTOBER 3, 2023
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 - GIVEN
II. Open Public Hearing - OPENED
III. Receive Public Comment - NONE
IV. Close Public Comment - CLOSED
SECOND HEARING SET FOR OCTOBER , 2023

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
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 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 - GIVEN
II. Open Public Hearing - OPENED
III. Receive Public Comment - NONE
IV. Close Public Comment – CLOSED
SECOND HEARING SET FOR OCTOBER 3, 2023
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
ITEM WAS CONTINUED TO OCTOBER 17TH ALLOWING THE PLANNING COMMISSION TIME TO REVIEW 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 - GIVEN
II. Open Public Hearing - OPENED
III. Receive Public Comment
JULIE DOUGLAS DISCUSSION IN FAVOR ALSO STATED $450 IS TO LOW

PAM SHOEMAKER DISCUSSION IN FAVOR OF ORDINANCE

TINA GONZALEZ DISCUSSION IN FAVOR OF ORDINANCE

GRETEL TISCORNIA DISCUSSION IN FAVOR OF ORDINANCE

KATHY COLLINS DISCUSSION IN FAVOR OF ORDINANCE
IV. Close Public Comment – CLOSED
SECOND HEARING SET FOR OCTOBER 3, 2023
G. Discussion and Direction to Apply for the Reconnecting Neighborhoods Grant, Rebecca Callen, City Administrator

ACTION, MOTION TO APPROVE RESOLUTION AND SIGN LETTER BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER SCHIRATO, 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
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
DISCUSSION: COUNCIL REVIEWED OPTIONS DECIDED TO OPEN 9/20/2023 AND CLOSE 10/12/23 AT 4:00PM TO BE BROUGHT BACK TO COUNCIL ON 10/17/23 TO REVIEW APPLICATIONS, INTERVIEW AND

APPOINT
I. Review and Discussion Regarding City Council Appointments, Rose Beristianos, City Clerk

DISCUSSION ON VACANT APPOINTMENT AND DECISION OF
CENTRAL SIERRA ECON. DEV. DISTRICT NOW SCHIRATO/HERNDON

CPPA NOW SCHIRATO/BROGLIO

MUSEUM FOUNDATION NOW SCHIRATO/MONCADA

ALL HAZARDS NOW MONCADA/BROGLIO
J. Discussion Medberry APN: 064-004-033 Code Compliance – NO ACTION TAKEN 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

DIRECTION GIVEN TO STAFF

8. ADMINISTRATION REPORT – CITY ADMINISTRATOR REBECCA CALLEN GAVE HER REPORT

9. COUNCIL REPORT -ALL REPORTED OUT

10. CORRESPONDENCE
A. News and Notes for August 2023

11. CALENDAR – CLERK REVIEWED THE CALENDAR WITH COUNCIL

12. FUTURE AGENDA ITEMS

13. ADJOURNMENT

BACK IN CLOSED SESSION

REPORT OUT OF CLOSED SESSION DIRECTION GIVEN TO STAFF
MOTION TO ADJOURN THE MEETING AT 9:05PM BY COUNCIL MEMBER SCHIRATO, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 4 YES, 1 VACANT
______________________
_______________________ 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
DATE: October 3, 2023
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: APPROVE RESOLUTION 23-77 OPPOSING CBRT BALLOT MEASURE RECOMMENDATION:

Approve resolution 23-77 Opposing CBRT Ballot Measure
BACKGROUND:

Cal Cities has asked for all Cities to oppose the CBRT (California Business Roundtable) Ballot Initiative, known as the Taxpayer Protection and Government Accountability Act or TPA.

DISCUSSION:

If approved by voters, this would impact all taxes or fees adopted or amended after January 1, 2022.

Local Taxes:
• It would require voter approval when an existing tax is applied to a newly annexed territory. This means that if the y annexed any additional parcel the Transient Occupancy Tax and Sales Tax would require a new electorate vote by those voters in the newly added sections of the city. • Would require water and wastewater fees to potentially be treated as a tax. This would be detrimental to the rate Study in place or a new one.
• All new or increased taxes adopted after January 1, 2022, must include a sunset date.

Fees and charges:
• Requires that charges for access, use, and rental of governmental property be “reasonable” such as fees charges for use of government facilities and public works infrastructure to utilities. Reasonable is a subjective term and could expose the city to subsidizing costs of service using General Fund sources. • Fees and charges for services and permits may not exceed the “actual costs” of providing the product or services for which the fees are charged. “Actual Cost” is the “minimum amount necessary”. Examples include planning services, excavation and encroachment permits, etc. This would also require a subsidy of the General Fund as a minimum amount is not always possible. Best-case scenarios in processing depend on many factors.
• The State and Cities have the burden of providing “clear and convincing evidence” that a fess/ charge is not a tax, that the amount is reasonable, and that is does not exceed the actual cost. This means large 6B

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
exposure to litigation and claims on a payer-by-payer basis. Every single water customer could file a case for their bill.

Fine and penalties [administrative enforcement of state law and municipal codes] • May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Examples include nuisance abatement, failure to maintain vacant properties, etc.

This measure would overturn the Upland decision that requires a proposed initiative to be subject to the same rules as a tax placed on the ballot by a city council. This would also put approximately $2 billion from fees and charges at risk each year, and an additional $2 billion of annual tax revenue at risk, as many tax measures approved between 2022-2024 will need to be resubmitted to voters to comply and be reapproved.

Passage of this measure would cripple the City’s resources tied to Public Safety, parks, and other City General Funded costs, which undermines the City’s ability to generate revenue for basic services.

FINANCIAL IMPACT:

Unknown at this time but would be significant.

ATTACHMENTS:

Resolution No. 23-77

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-77

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO APPROVE AN OPPOSITION TO INITITATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and THEREFORE, BE IT RESOLVED that the City of Angels opposes Initiative 21-0042A1; BE IT FURTHER RESOLVED, that the City of Angels will join the No on Initiative 21- 0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED AND ADOPTED this 3rd day of October 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: October 3, 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 28, 2023. As of that date:
• Staff finalized membership of the Community Stakeholders Design Committee (attached) • An e-mail notification database (Constant Contact) was created for anyone interested in park updates, newsletters, status reports. Please send your e-mail to [email protected] with a subject line “Utica Park” to be included in the notifications database. • Or enroll using this QR Code.
• The first park newsletter (attached) was e-mailed to 83 individuals already in the Constant Contact database.
• The newsletter also was mailed to landowners within 300 feet of the park on 9/28/23 notifying them of upcoming Community Stakeholders Design Committee meetings, times, and how to sign up for future notifications.
• A geotechnical firm has been identified to evaluate the site. A contract is pending. Staff has provided extensive information on the location of former mine and mill tunnels and structures. Anyone with information on the Lightner or Utica mines (maps, photos) is invited to submit that information to the City.
• The first meeting of the Community Stakeholders Design Committee is scheduled for October 18, 2023, at noon both online and in-person at Fire Station #1 at 1404 Vallecito Road. 7A

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 - 2
• A first-cut draft playground design will be presented to the Community Stakeholders Design Committee at its October 18th meeting for initial input.
• Outdoor exercise equipment / parcourse vendor materials are under review and a draft outdoor (young adults, adults, seniors) exercise/par course design will be presented at an upcoming Community Stakeholders Design Committee meeting (tentatively in November 2023) • Interpretive sign research has commenced with the assistance of local historians and staff. Initial sign design and content will be presented to the Community Stakeholders Design Committee at a future meeting.
• The new prefabricated bathrooms have been ordered.

ATTACHMENTS
A. Budget
B. Anticipated timeline
C. Community Stakeholders Design Committee
D. Newsletter
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
Expenditures Budgeted Actual
Purchase 3.2 acres (Escrow Fees & Title) $ 325,071 $ 325,071 Phase 1 (Hazardous Materials) 3.2 acres (Nelson Environmental) 2,500 - Appraisal (Schuller Appraisals) 2,500 2,500
Design and Construction (Boyer Construction) 2,275,000 21,345 Geotechnical Engineer (Geocon) 4,900 -
Arborists Report (California Tree & Landscape Consulting) 2,180 2,180 San Joaquin County Office of Education Greater Valley Conservation Center 171,622 75,020 Peffer's Tree Servicer, LLC (Tree trimming) 7,000 7,000 Playground Equipment (SPEC) 460,000 -
Bathrooms (T&S West) 309,000 -
Generator (Pioneer Electric) 30,430 30,430
Total Expense $ 3,590,203 $ 463,545
Remaining $ 380,179 $ 3,506,837
Please note ARPA funds are designated for project overruns 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 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 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 28-Jun 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 Playground
Stakeholders Review Playground
Draft Design Playground+
Stakeholders Review Playground+
Draft Design Remaining Park
Stakeholders Review Remaining Park
Final Design
Construction - Boyer
Site work
Structures Playground
Complete and Commission
Closeout
Grant Deadlines
Rural Recreation and Tourism (park) 6/30/2028
Community Developmet Block Grant (bathrooms, generator) 24-Nov 24-Nov Per Capita Grant (Playground) 6/30/2024 6/30/2024
Community Club (Playground) ASAP
U�ca Park / Lightner Mine Expansion Project
Community Stakeholders Design Commitee
Name Representative/Agency
John Broglio Angels Camp Community Club
Jessica Johnston Angels Camp Community Club
Gerald Hollaway Foothill Village Senior Community
Tyra Dragomanovich Bret Harte High
Angela Espejel Bret Harte High
Nina Hollars Bret Harte High
Michele Spence Adjacent to park property
Erin Croshaw Adjacent to park
Jesse Gibbs Century 21 / Business
Vivian Danielson At large / Business
Lisa Shaw Mark Twain Elementary
Jerry Cadotte Sierra Hope
Heather Lovett Accessibility

UTICA PARK
If you would like to be notified of upcoming meetings,
status reports, or receive online meeting links for the Utica Park/Lightner Mine Expansion Project, please sign up today
Click the QR code below
or email [email protected]

UPDATES
M E E T I N G S W I L L B E H E L D A T 1 4 0 4 V A L L E C I T O R D ,

A N G E L S C A M P
HTTPS://ANGELSCAMP.GOV/PROJECTS/
The Utica Park / Lightner Mine Expansion
Project will be kicking off its Stakeholder
Design Committee meetings on October 18,
2023. The purpose of the meetings is to
finalize park design consistent with the
conceptual plan funded by a Rural
Recreation and Tourism Program Grant.

Members of the Stakeholders Design
Committee are appointed by the City. The
meetings are open to the public. Please
see schedule, following page.

STAKEHOLDERS DESIGN

COMMITTEE
A group of thirteen, made up of community
groups and stakeholders will meet to
decide the overall design that will be
constructed.

WHEN
3rd Wednesday of every month except as
otherwise noted. Special (additional)
meetings are possible depending on
project deadlines.

TIME
Meetings will begin promptly at 12:00 p.m.

Some stakeholders are unavailable after 1
p.m.; however, discussions may continue
past 1 p.m., as necessary.

M E E T I N G S W I L L B E H E L D A T 1 4 0 4 V A L L E C I T O R D ,

A N G E L S C A M P
October 18, 2023 –
Introduction and Playground
Design
January 17, 2024
November 15, 2023 February 21, 2024
December 13, 2023* (2nd
Wednesday)
March 20, 2024
Tentative Meeting Schedule

F O R Q U E S T I O N S O R A D D I T I O N A L I N F O R M A T I O N P L E A S E C O N T A C T :

Amy Augustine, AICP
City Planner
(209)743-2323 (cell)
Call City Hall
(209)736-1346
or email
[email protected]

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: October 3, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Waive the second reading, hold a public hearing and adopt Ordinance 534 relocating housingrelated 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 waiving the second reading, holding a public hearing and 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).

With an amendment as recommended by the Planning Commission:

17.52.070 Low barrier navigation centers.

F. Effective Date. This section shall remain in effect until January 1, 2027, and as of that date is repealed unless otherwise extended by the state. (Ord. 522 §2 (Att. B), 2022) 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 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
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 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 and unanimously recommended approval. The City Council introduced the ordinance, waived the first reading, and held a public hearing on September 19, 2023; setting October 3, 2023 for a second reading and to consider adoption.

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

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
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.

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.

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
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.

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. Standards for Construction. The manufactured home shall:

1. Be occupied only as a residential unit;

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);

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

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

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

17.52.020 Accessory dwellings.

Accessory dwellings are addressed in Chapter 17.61.