CITY COUNCIL MEETING
May 07, 2024 at 6:00 PM
Angels Fire House – 1404 Vallecito Road
AGENDA
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.
CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meetings 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, Michael Chimente, Caroline Schirato City Administrator Rebecca Callen | City Attorney Doug White Town Vision Statement: Dedicated to preserving our rich history and providing a safe and thriving community that is devoted to families, businesses, and visitors Town Mission Statement: To provide municipal services, infrastructure, and a high quality of life through trusted leadership, accountability, and efficiency for the benefit of our community Join on your computer, mobile app or room device
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1 5:00PM CLOSED SESSION
ROLL CALL
1. ADJOURN TO CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): One (1) potential matter
B. Conference with Labor Negotiations (Gov't Code Section 54957.6) Employee Organization: City of Angels Employee Association (Miscellaneous) City of Angels Firefighter Association
City of Angels Employee's Association (Exempt)
C. Public Employee Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
6:00 PM REGULAR MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): One (1) potential matter
B. Conference with Labor Negotiations (Gov't Code Section 54957.6) Employee Organization: City of Angels Employee's Association (Miscellaneous) City of Angels Firefighter Association
City of Angels Employee's Association (Exempt)
C. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
5. RECOGNITION AND ACKNOWLEDGEMENTS
A. Officer Commendation, Scott Ellis, Chief of Police
6. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
7. 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.
2 8. CONSENT AGENDA
A. Approve Draft Minutes 4/2/2024, Rose Beristianos, City Clerk B. Approve Draft Minutes 4/16/2024, Rose Beristianos, City Clerk C. Approve Draft Minutes 4/23/2024, Rose Beristianos, City Clerk D. Approve Resolution No. 24-38 Declaring the Intention to Continue Assessments for Fiscal Year 2024-25, Preliminarily Approving Engineer’s Report, and Providing for Notice of Hearing on June 18, 2024, for the Landscaping & Lighting District No. 2 - Greenhorn Creek Assessment
9. REGULAR AGENDA
A. Utica Park Update, Amy Augustine, City Planner
B. Discussion and Direction on Animal Keeping, Rebecca Callen, City Administrator C. Discussion on City Website and Social Media Outreach Assessment, Rebecca Callen, City Administrator
D. Discussion and Direction on Speed Tables on City Roads, Rebecca Callen, City Administrator E. Discussion and Approval of Resolution No. 24-39, Authorizing the City Administrator to Execute Agreements for the Demolition and Grading of City Property Located at 060-006-099 (Old Napa) and 060-010-045 (Parking Area) and Approving a Budget Amendment in the amount of $46,500 from the General Fund Unrestricted Fund Balance, Rebecca Callen, City Administrator
F. Discussion and Approve Resolution No. 24-40, Supporting the Highway 4 Regional Water Supply Partnership, Rebecca Callen, City Administrator
G. Adopt Resolution No. 24-41, Requesting the Board of Supervisors of Calaveras County to Consolidate the City of Angels Election with the Election to be Held on November 5, 2024, Rose Beristianos, City Clerk
H. Habitat for Humanity letter of credit in lieu of bonding for Eureka Oaks and authorizing the City Administrator to execute the letter of credit, Rebecca Callen, City Administrator.
10. ADMINISTRATION REPORT
11. COUNCIL REPORT
12. CALENDAR
13. FUTURE AGENDA ITEMS
14. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736-2181. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours. The Agenda is also available on line at www.angelscamp.gov.
3 CITY COUNCIL MEETING – DRAFT MINUTES
April 02, 2024 at 6:00 PM
Angels Fire House – 1404 Vallecito Road
AGENDA
Mayor Jennifer Herndon (PRESENT) | Vice Mayor Isabel Moncada (ABSENT) Council Members Alvin Broglio (PRESENT), Michael Chimente (PRESENT), Caroline Schirato (ABSENT)
City Administrator Rebecca Callen (PRESENT) | City Attorney (PRESENT) 5:30PM CLOSED SESSION
1. ROLL CALL – NOTED ABOVE
A. Conference with Real Property Negotiators
Property Location: 062-004-061
Agency Negotiator: Rebecca Callen, City Administrator
6:00 PM REGULAR MEETING
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL – NOTED ABOVE
4. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiators
Property Location: 062-004-061
Agency Negotiator: Rebecca Callen, City Administrator
5. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE BY COUNCIL MEMBER CHIMENTE, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 3 YES, 2 ABSENT
6. PUBLIC COMMENT - NONE
7. CONSENT AGENDA
A. Approve Draft Minutes of Month, March 19, 2024, Rose Beristianos, City Clerk ACTION: MOTION TO APPROVE BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT
8. REGULAR AGENDA
A. Habitat Update, Morgan Gace, Executive Director – UPDATE GIVEN B. Utica Park Update, Amy Augustine, City Planner – UPDATE GIVEN C. Introduce, Waive the First Reading, Hold a Public Hearing to Consider Adopting Ordinance 539 Eliminating Chapter 17.34 and Incorporating Permitted and Conditional Uses for the Business Attraction and Expansion Zoning District into Chapter 17.37 (Business Attraction and 4 Section 8, Item A.
Expansion) and Amending Section 17.37.080(A)(2(a) to Correct a Typographical Error to Clarify that Barbed Wire and Razor Wire Shall not be Visible from Public Rights-of-Way, Amy Augustine, City Planner
ACTION: MOTION TO APPROVE SECONDED READING ON APRIL 16, 2024 BY
COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT
D. Approve Resolution No. 24-28 Amending the General Plan Circulation Element Reclassifying Roadway to Reflect Updated Traffic Studies, an Updated Roadway Classification System, and Updating the Roadway List to Eliminate Roads that have been Completed or Renamed, Amy Augustine, City Planner
ACTION: MOTION TO APPROVE RESOLUTION NO. 24-28 BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT E. Discussion and Direction with Automated Meter Reading (AMR) Project Implementation for Fiscal Year, Chris O'Flinn, Public Works Superintendent
DIRECTION GIVE TO MOVE FORWARD WITH THE AUTOMATED METER READING
PROJECT
F. Approve Resolutions No. 24-30, No. 24-31, No. 24-32, No. 24-33, and No. 24-34 and Designate the City Administrator to Submit Applications for the Designated Grants for WaterRelated Projects, Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE ALL RESOLUTIONS BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 3 YES, 2 ABSENT
G. Approve the Purchase Order to Acquire a S770 T4 Bobcat Skid-Steer Loader with RMRA SB1 Funds Set Aside for Road Repairs/Crack Sealing, Chris O'Flinn, Public Works Superintendent
ACTION: MOTION TO APPROVE PURCHASE ORDER BY COUNCIL MEMBER CHIMENTE, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 3 YES, 2 ABSENT H. Discussion and Direction on City of Angels Property Placement of Electric Vehicle Charging Installation, Rebecca Callen, City Administrator
DIRECTION GIVEN TO PLACE ONE AT THE NAPA PROPERTY AND ONE AT POLICE
DEPARTMENT
I. Approve Resolution No. 24-29 for Modification to City Hall Building, 200 Monte Verda St. Suite B, Angels Camp and Buget Adjustment, Michelle Gonzalez, Finance Director ACTION: MOTION TO APPROVE RESOLUTION NO. 24-29 BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 3 YES, 2 ABSENT
9. ADMINISTRATION REPORT – REBECCA CALLEN, CITY ADMINISTRATOR GAVE HER REPORT
10. COUNCIL REPORT – ALL IN ATTENDANCE REPORTED OUT WITH DIRECTION TO HAVE
THE CLERK FORWARD ALL AGENDAS FROM OTHER AGENCIES TO ALL OF COUNCIL FOR THEM TO GET AN UNDERSTANDING OF WHAT IS HAPPEN AT OTHER AGENCIES.
ALSO DISCUSSED TO MOVE THE INFRASTRUCTURE/FACILITIES AND
FINANCE/BUDGET/POLICY TO A QUARTERLY MEETING TO BE HELD AN HOUR BEFORE A
REGULAR MEETING
11. CALENDAR – CLERK REVIEWED THE CALENDAR, SCHEDULED A SPECIAL MEETING ON APRIL 23RD FOR COUNCIL HANDBOOK
A. April Calendar
5 Section 8, Item A.
12. FUTURE AGENDA ITEMS:
REQUEST FOR QUALIFICATION TO ESTABLISH A LIST FOR SERVICES SUCH AS
ENGINEERING, CONTRACTORS, UNDERGROUND, ARCHITECT, SURVEYORS
LIGHTING
CALAVERAS FIRE JPA AGREEMENT
WEED ABATEMENT, CRACK SEALING, PUBLIC WORKS SCHEDULE
13. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 8:42PM BY COUNCIL MEMBER BROGLIO, SECONDED BY MAYOR HERNDON, PASSED 3 YES, 2 ABSENT ________________________________
______________________________ Jennifer Herndon, Mayor
Michelle Gonzalez, Deputy City Clerk
6 Section 8, Item A.
CITY COUNCIL MEETING – DRAFT MINUTES
April 16, 2024 at 6:00 PM
Angels Fire House – 1404 Vallecito Road
AGENDA
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.
CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meetings 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 – BOTH PRESENT Council Members Michael Chimente - PRESENT, Caroline Schirato - PRESENT, Alvin Broglio, Remote Location 3225 Broadmoor Valley Rd. Colorado Springs, CO 80906, US – PRESENT FOR CLOSED
SESSION ONLY
City Administrator Rebecca Callen | City Attorney Tom and Deb – ALL PRESENT 5:00 PM CLOSED SESSION
1. ROLL CALL – AS NOTED ABOVE
2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiators
Property Location: 062-004-061
Agency negotiation: Rebecca Callen, City Administrator
B. Conference with Labor Negotiations (Gov't Code Section 54957.6) Employee Organization: City of Angels Employee's Association (Miscellaneous), City of Angels Firefighter Association, City of Angels Employee's Association (Exempt) 6:00 PM REGULAR MEETING
3. ROLL CALL – AS NOTED ABOVE
4. PLEDGE OF ALLEGIANCE
5. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiators
Property Location: 062-004-061
7 Section 8, Item B.
Agency Negotiator: Rebecca Callen, City Administrator
B. Conference with Labor Negotiators (Gov't 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) ITEM A – DIRECTION GIVEN TO STAFF
ITEM B WILL CONTINUE AFTER THE MEETING
6. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE THE AGENDA BY COUNCIL MEMBER CHIMENTE, SECONDED BY VICE MAYOR MONCADA, PASSED 4 YES, 1 ABSENT
7. PUBLIC COMMENT:
PATRICIA ARKINS, QUESTION ABOUT WHO MAINTAINS THE PIPE AT THE STOP SIGN
LOUIS LEARY SPOKE ABOUT HIS CODE COMPLIANCE CASE, HOW CAN HE GO ABOUT
KEEPING HIS ANIMALS
PATTY SPENCE EXPRESSED HER CONCERN REGARDING THE CITIES REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR 3 HENS AND REFERENCED LOUIS LEARY’S CODE CASE
8. CONSENT AGENDA
A. Approve Draft Minutes of April 2, 2024, Rose Beristianos, City Clerk - TABLED B. AP Checks and Treasurer Report March 2024, Michelle Gonzalez, Finance Director ACTION: MOTION TO APPROVE ITEM B, BY COUNCIL MEMBER SCHIRATO, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 ABSENT
9. REGULAR AGENDA
A. Utica Park Update, Amy Augustine, City Planner – UPDATE GIVEN, PUBLIC COMMENT: QUESTION ABOUT THE BASKETBALL NET MAINTENANCE
VICE MAYOR MONCADA MENTIONED ABOUT PUTTING A QR CODE AT THE PARK
FOR PUBLIC REFERENCE
ACTION: MOTION TO APPROVE THE SITE PLAN BY COUNCIL MEMBER CHIMENTE, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 ABSENT
B. Public Hearing, Seconded Reading to Consider Adopting Ordinance 539 Eliminating Chapter
17.34 and Incorporating Permitted and Conditional Uses for the Business Attraction and Expansion Zoning District into Chapter 17.37 (Business Attraction and Expansion) and Amending Section 17.37.080(A)(2(a) to Correct a Typographical Error to Clarify that Barbed Wire and Razor Wire Shall not be Visible from Public Rights-of-Way, Amy Augustine, City Planner
ACTION: MOTION TO ADOPT ORDINANCE 539, BY COUNCIL MEMBER CHIMENTE, SECONDED BY COUNCIL MEMBER SCHIRATO, PASSED 4 YES, 1 ABSENT C. Acknowledge the completion of the City of Angels Housing Element Annual Report (APR) for 2023, Amy Augustine, City Planner
DISCUSSION, REVIEWED THE HOUSING ELEMENT ANNUAL REPORT WITH COUNCIL 8 Section 8, Item B.
D. Approve Resolution No. 23-35 Authorizing the City Administrator to Apply for the U.S.
Department of Housing and Urban Development Community Planning and Development Preservation and Reinvestment Initiative for Community Enhancement (Price) Grant Benefitting Manufactured Housing and Manufactured Housing Communities, Amy Augustine, City Planner
ACTION: MOTION TO APPROVE RESOLUTION NO. 23-35 BY COUNCIL MEMBER CHIMENTE, SECONDED BY COUNCIL MEMBER SCHIRATO, PASSED 4 YES, 1 ABSENT E. Discussion and Direction on Slate Circle Lighting Upgrade, Chris O'Flinn, Public Works Superintendent
COUNCIL ASKED STAFF TO PROVIDE OUTREACH ON THE NEW LIGHTING ACTION: MOTION TO APPROVE THE UPGRADE OF THE LIGHTING AT SLATE CIRCLE BY VICE MAYOR MONCADA, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 ABSENT
F. Approve Resolution No. 24-37, Authorizing Participation in and Approving the Amended Joint Powers Agreement of Calaveras County Fire and Appointing the Member Agency Representative and Alternate, Rebecca Callen, City Administrator PUBLIC COMMENT: SAM COOK SPOKE ABOUT THE JPA
ACTION: MOTION TO APPROVE RESOLUTION NO. 24-37 AND APPOINT THE FINANCE
DIRECTOR MICHELLE GONZALEZ, AND ONE COUNCIL MEMBER, MICHAEL CHIMENTE BY MAYOR HERNDON, SECONDED BY COUNCIL MEMBER CHIMENTE, PASSED 4 YES, 1 ABSENT
G. Approve Resolution No. 24-36, Awarding Contract for the Booster Way Project to R. Sutton Enterprises, LLC in an Amount Not to Exceed $639,575.00 and Designate the City Administrator to Execute the Contract, Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE RESOLUTION NO. 24-36 AND AWARD CONTRACT TO R. SUTTON ENTERPRISES BY COUNCIL MEMBER CHIMENTE, SECONDED BY VICE MAYOR MONCADA, PASSED 4 YES, 1 ABSENT
H. Discussion and Direction on Various Updates to the Capital Improvement Plan, Rebecca Callen, City Administrator
REVIEW THE CAPITAL IMPROVEMENT PLAN WITH CITY COUNCIL
10. ADMINISTRATION REPORT – REBECCA CALLEN, CITY ADMINISTRATOR REPORTED OUT
11. COUNCIL REPORT – ALL IN ATTENDANCE REPORTED OUT
12. CALENDAR – REVIEWED WITH CLERK
A. April, May Calendar
13. CORRESPONDENCE – REVIEWED LETTER WITH COUNCIL
A. Letter of Support
14. FUTURE AGENDA ITEMS
GARDNER LANE UPDATE – SLOW THE TRAFFICE
NON-HOOVED ANIMALS
9 Section 8, Item B.
15. ADJOURNMENT
RECONVENED TO CLOSED SESSION AT 8:26PM
DIRECTION WAS GIVEN TO STAFF
ACTION: MOTION TO ADJOURN THE MEETING AT 9:35PM BY COUNCIL MEMBER SCHIRATO, SECONDED BY VICE MAYOR MONCADA PASSED, 4 YES, 1 ABSENT ___________________________
_________________________ Jennifer Herndon, Mayor
Michelle Gonzalez, Deputy City Clerk
10 Section 8, Item B.
CITY COUNCIL MEETING – DRAFT MINUTES
April 23, 2024 at 1:00 PM
Angels Fire House – 1404 Vallecito Road
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.
CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meetings 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 – BOTH PRESENT Council Members Alvin Broglio, Michael Chimente, Caroline Schirato – ALL PRESENT City dministrator Rebecca Callen | City Attorney Doug White – BOTH PRESENT 1:00 PM SPECIAL MEETING
1. ROLL CALL – AS NOTED ABOVE
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE THE AGENDA BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER SCHIRATO, PASSED 5 YES
4. PUBLIC COMMENT - NONE
5. REGULAR AGENDA
A. Review of the City of Angels Council Handbook, Doug White, City Attorney
DISCUSSION WITH CITY ATTORNEY REGARDING THE CURRENT COUNCIL HANDBOOK, AND THE CHANGES THAT NEED TO BE MADE. STAFF AND CITY ATTORNEY WILL MAKE
THE CHANGES AND BRING BACK TO A REGULAR CITY COUNCIL MEETING FOR ADOPTION.
6. ADJOURN TO CLOSED SESSION
A. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
11 Section 8, Item C.
7. REPORT OUT OF CLOSED SESSION
A. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
DIRECTION GIVEN TO STAFF
8. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 6:09PM BY COUNCIL MEMBER BROGLIO, SECONDED BY COUNCIL MEMBER SCHIRATO, PASSED 5 YES ______________________
_________________________ Jennifer Herndon, Mayor
Michelle Gonzalez, Deputy City Clerk
12 Section 8, Item C.
Page
Fiscal Year 2024-25 ENGINEER’S REPORT
City of Angels Camp
Landscaping and Lighting Assessment District No. 2
Greenhorn Creek
Pursuant to the Landscaping and Lighting Act of
1972, Government Code and Article XIIID of the
California Constitution
April 2024
Preliminary Report
13 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Page i
City of Angels
City Council
Jennifer Davis-Herndon, Mayor
Isabel Moncada, Vice Mayor
Michael Chimente, Council Member
Alvin Broglio, Council Member
Caroline Schirato, Council Member
City Staff
Rebecca Callen, City Administrator
Michelle Gonzalez, Finance Director
City Attorney
Douglas L. White
Engineer of Work
John Bliss, P.E., SCI Consulting Group
14 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Page ii
Table of Contents
Introduction............................................................................................................... 1 History and Overview................................................................................................................1 Engineer’s Report and Continuation of Assessments...............................................................2 Legislative Analysis....................................................................................................................3 Plans & Specifications................................................................................................. 5 Maintenance and Improvements..............................................................................................6 Fiscal Year 2024-25 Estimate of Cost and Budget ...................................................... 15 Budget for Fiscal Year 2024-25................................................................................................15 Method of Assessment Apportionment.................................................................... 17 Method of Apportionment......................................................................................................17 Discussion of Benefit...............................................................................................................17 Special Benefit.........................................................................................................................19 General Versus Special Benefit................................................................................................20 Quantification of General Benefit Contribution from Other Sources.....................................24 Zones of Benefit ......................................................................................................................25 Method of Assessment............................................................................................................26 Assessment Apportionment....................................................................................................27 Annual Cost Indexing...............................................................................................................31 Duration of Assessment ..........................................................................................................31 Appeals of Assessments Levied to Property ...........................................................................32 Assessment Funds Must Be Expended within the District......................................................32 Oversight, Annual Review, and Accountability .......................................................................32 Citizens’ Oversight Committee................................................................................................33 Assessment.............................................................................................................. 34 Assessment Diagram ................................................................................................ 36 Assessment Roll, FY 2024-25..................................................................................... 38 15 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Page iii
List of Tables
Table 1 – Formal Landscaping Planter............................................................................................. 7 Table 2 – Formal Landscaping Lawn ................................................................................................ 8 Table 3 – Weed Control ................................................................................................................... 8 Table 4 – Protected Cultural Resource Areas.................................................................................. 9 Table 5 – Trail Maintenance ............................................................................................................ 9 Table 6 – Trail Bridge Maintenance ................................................................................................. 9 Table 7 – Defensible Space Clearing (Annual) ............................................................................... 10 Table 8 – Wetland Exclusionary Fencing and Signage ................................................................... 11 Table 9 – FY 2024-25 Estimate of Costs......................................................................................... 15 Table 10 – Residential Property Types........................................................................................... 28 Table 11 – Commercial/Industrial Benefit Assessment Factors.................................................... 29 Table 12 – Budget Summary .......................................................................................................... 34 16 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Page iv
List of Figures
Figure 1 – 404 Permit Maintenance and Improvements............................................................... 12 Figure 2 – Non-Permit Maintenance and Improvements.............................................................. 13 Figure 3 – Annual Defensible Space Clearing................................................................................. 14 17 Section 8, Item D.
Introduction
History and Overview
The Greenhorn Creek Landscape and Lighting District has two purposes: (1) to fund the ongoing protection and preservation of on-site environmental resources and (2) to fund maintenance of streetlights, landscaping, curb-gutter-and-sidewalk, entry monument signs, and related community use infrastructure within the Greenhorn Creek development.
The City of Angels Camp Landscaping and Lighting District No. 1 – Greenhorn Creek was formed by a majority vote of the City of Angels (”City”) City Council on June 6, 1995. As a result of the subsequent passage of Proposition 218 in 1996, the assessment rate for the existing assessment District (No.1) cannot be increased beyond the previously approved amount of $300.00 per parcel (resulting from the fact that a cost-of-living adjustment mechanism was not explicitly included in the original formation documents.) As costs have continued to increase, this assessment amount no longer generates sufficient revenue to fund Greenhorn Creek’s improvements and services.
Without additional resources and funding, service levels will continue to deteriorate.
As a result, the Angels Camp City Council directed that a new assessment be proposed and voted on by property owners in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). The Council’s intent was to replace the existing Landscaping and Lighting District No. 1 – Greenhorn Creek with a new Landscaping and Lighting District No. 2 - Greenhorn Creek (“District”) within the existing boundary and including the same improvements and services. If approved, the existing District No. 1 will be dissolved. Further, the proposed Landscaping and Lighting District No. 2 - Greenhorn Creek is engineered to generate sufficient funding, and include an optional, annual cost-of-living adjustment mechanism to ensure long-term fiscal sustainability of the District.
This Engineer’s Report ("Report") has been prepared to establish the budget for the Improvements (as described below) that will be funded by the proposed assessments and other revenue and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels.
This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”).
(Note: Although the District funds maintenance and services of landscaping, lighting, and related improvements within the Greenhorn Creek development, it does not fund the maintenance or operations of the adjacent Greenhorn Creek golf course, which is maintained and funded by a separate entity using separate funding.)
18 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Engineer’s Report and Continuation of Assessments
In order to allow property owners to ultimately decide whether additional funding should be provided for the Greenhorn Creek Landscape and Lighting District, the Council, on March 15th, 2022, authorized the initiation of proceedings for a proposed benefit assessment to provide local funding for improved maintenance of landscaping, lighting, cultural and wildlife areas, local infrastructure, environmental mitigation services, and related improvements within the Greenhorn Creek development. The proposed assessment was named the Landscape and Lighting District No. 2 – Greenhorn Creek (the “Assessment District”). In May through August of 2022, the District conducted an assessment ballot proceeding pursuant to the requirements of Article XIIID of the California Constitution ("The Taxpayer's Right to Vote on Taxes Act") and the Government Code. During this ballot proceeding, owners of property in the Assessment District were provided with a notice and ballot for the proposed special assessment. A 45-day period was provided for balloting and a public hearing was conducted on August 2, 2022.
It was determined after the conclusion of the public hearing that 84.62% of the weighted ballots returned were in support of the assessment. Since the assessment ballots submitted in opposition to the proposed assessments did not exceed the assessment ballots submitted in favor of the assessments (with each ballot weighted by the proportional financial obligation of the property for which ballot was submitted), the City gained the authority to approve the levy of the assessments for fiscal year 2022-23 and to continue to levy them in future years. The authority granted by the ballot proceeding includes an annual adjustment in the maximum authorized assessment rate equal to the annual change in the Consumer Price Index for the San Francisco Bay Area. Council took action, by Resolution No. 22-44 passed on August 2, 2022, to approve the levy of the assessments for the first time for fiscal year 2022-23.
In each subsequent year for which the assessments will be continued, the City must approve an updated Engineer’s Report for the upcoming fiscal year at a noticed public hearing. As required by the Act, this Report includes a budget for the upcoming fiscal year’s costs and services, an updated assessment roll listing all parcels and their proposed assessments, plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District.
This Engineer’s Report ("Report") was prepared by SCI Consulting Group (SCI) to establish the estimated costs for the services and related costs that will be funded by the assessments, to determine the special benefits and general benefits received from the services and to apportion the assessments to lots and parcels within the District based on the estimated special benefit each parcel receives from the services funded by the assessment. 19 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
If the City approves this Engineer's Report and the continuation of the assessments it establishes for fiscal year 2024-25, the assessments would be submitted to the County Auditor for inclusion on the property tax rolls for fiscal year 2024-25.
Legislative Analysis
Proposition 218
This assessment is formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services, improvements, as well as maintenance and operation expenses to a public improvement which specially benefits the assessed property.
Proposition 218 describes several important requirements, including a property-owner balloting, for the formation and continuation of assessments. These requirements are satisfied by the process used to establish this assessment.
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined Special benefits are directly received by and provide a direct advantage to property in the Assessment District
The assessment paid by property should be proportional to the special benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. 20 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within subareas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified, and separated from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal. App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified, and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. 21 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Plans & Specifications
The District maintains landscaping and other improvements in locations within the District’s boundaries. The work and Improvements to be undertaken by the City of Angels Landscaping and Lighting District No. 2 – Greenhorn Creek, and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972, (the “Act”) the work and Improvements are generally described as follows:
The installation, maintenance, and servicing of public improvements and facilities, may include, but are not limited to, landscaping, sprinkler systems, park grounds, park facilities, playground equipment, landscape corridors, sidewalks, curbs and gutters, storm drainage systems, public lighting facilities, fencing, entry monuments, signage, frontage and retention walls, other landscaping facilities, and related labor, materials, supplies, utilities, equipment, and incidental expenses in and for the parks, landscape areas, detention basins and other public places owned or maintained by the District. (Collectively known as the “Improvements.”) As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting, and filling), sod, landscaping, irrigation systems, sidewalks, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities, and public restrooms. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Maintenance activities within the US Army Corps of Engineers (USACOE) 404 permit protected areas must follow the permit requirements. Deviation from the permit requirements requires written approval from the USACOE.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
22 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526).
The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. The Improvements and area to be maintained by the District are described as follows:
Maintenance and Improvements
Sidewalk and Drainage Facilities
Includes maintenance service for roadway drainage facilities, sidewalks, and reserves for future repairs. Culvert and drainage inlets that are located on private property, including the golf course, will not be maintained by the District.
Maintained infrastructure includes storm water drainage inlets, sidewalk, curb, and gutter (both rolled and standard), and stormwater conveyance pipes along District streets.
Lighting and Signage
The street lighting Improvements, which will be maintained by the District, consist of 49 streetlights, six pedestal lights, and all required appurtenances. This includes cost of power plus maintenance service for streetlight poles, lamps, glassware, plus cost of power for miscellaneous monument signs.
The signage which will be maintained by the District includes the three (3) entry monument signs.
The safety and street signs within the District will be maintained by the City. The golf course will maintain Golf Course wayfinding signs.
Formal Landscape Areas
The formally landscaped areas (planter and lawn areas) require turf to be mowed, edged, and kept free of debris. Irrigation control and repair, pruning, fertilizing, weed control, and trash pickup are also required. Golf course turf adjacent to roads will be maintained by the golf course.
Below is a list of the formal landscaped areas within the District:
23 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Table 1 – Formal Landscaping Planter
Area Area (SQFT) Location
LAND-1 744 GHC Rd Median by Gateway Park
LAND-2 4,243 GHC Rd & Selkirk Entrance by Wetland E-WET-6 LAND-3 880 Selkirk Median at Entrance
LAND-4 7,460 Selkirk Planter by WorldMark
LAND-5 3,204 Selkirk Planter by 10th Hole
LAND-6 5,638 Selkirk Planter by 2nd Hole and 18th Tee
LAND-7 612 Lot 3 - Selkirk
LAND-8 232 Lot 8 - Selkirk
LAND-9 6,252 Smith Flat between Pointe Dr and Hole #11, Tee #17 LAND-10 621 Lot 202 Smith Flat
LAND-11 1,521 Olivia Place
LAND-12 2,030 Cornelia Place - Lot 209
LAND-13 2,755 Lot 192 and WILD-2e - Smith Flat
LAND-14 338 Lot 190 Smith Flat
LAND-15 135 Lot 188 Smith Flat & Raggio Ct
LAND-16 343 Lot 179 Smith Flat
LAND-17 623 Lot 178 Smith Flat
LAND-18 1,102 Lightner Place
LAND-19 203 Lot 174 Lighter PL and Smith Flat
LAND-20 716 Alawa Place
LAND-21 1,103 Sasa Place
LAND-22 789 Lots174 & 173 Smith Flat
LAND-23 543 Lot 172 Smith Flat
LAND-24 535 Lot 171 Smith Flat
LAND-25 344 Lot 170 Smith Flat
LAND-26 144 Lot 169 Smith Flat
LAND-27 210 Lot 169 & 168 Smith Flat
LAND-28 859 Lot 168 & 167 Smith Flat
LAND-29 148 Lot 167 Smith Flat
LAND-30 117 Lot 166 Smith Flat
LAND-31 328 Lot 165 Smith Flat
LAND-32 71 Lot 164 Smith Flat
LAND-33 1,141 Lot 164 Smith Flat
LAND-34 1,128 Lot 164 Smith Flat
LAND-35 717 Across from Lot 133 Smith Flat
LAND-36 13,887 Behind Sidewalk Smith Flat SE Corner of Property LAND-37 371 Across from Lot 132 Smith Flat
LAND-38 501 Across from Lot 131 Smith Flat
LAND-39 1,135 Across from Lot 130 and Open Space Smith Flat LAND-40 862 Across from Lot 128 and 127 Smith Flat
LAND-41 988 Across from Lot 126 Smith Flat
24 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
LAND-42 560 At end of Smith Flat at GHC Dr.
LAND-43 1,334 McCauley Entrance North Shoulder
LAND-44 817 McCauley Entrance Median
LAND-45 7,357 McCauley Entrance South Shoulder & by Wetland E-Wet-1 LAND-46 494 McCauley & Selkirk NW Curb
LAND-47 126 Lot 80 Selkirk at Chimney Hill
LAND-48 342 Lot 67 Selkirk at Chimney Hill
LAND-49 304 Lot 71 Selkirk at Springhouse Ct.
LAND-50 1,810 GHC Rd. Median between Gateway Park and Selkirk Entrance LAND-51 133 Lot 189 Smith Flat
LAND-52 643 Smith Flat & GHC Rd South Side of Intersection Table 2 – Formal Landscaping Lawn
Area Area (SQFT) Location
LAWN-1 8,671 Triangle area: Angel Oak/Live Oak/Acorn
LAWN-2 3,570 GHC Rd Shoulder past triangle area
LAWN-3 1,781 Selkirk Entrance East of Wetland Site 6
LAWN-4 576 Smith Flat at Selkirk Entrance south side of Wetland S-Wet-6 LAWN-5 21,951 GHC Rd - Median Selkirk to McCauley
LAWN-6 16,501 GHC Rd - Median McCauley South
LAWN-7 15,419 Lawn in front of WorldMark
Table 3 – Weed Control
Area Area (SQFT) Location
WEED-1 2,020 GHC Rd shoulder west of Selkirk Entrance
WEED-2 2,456 Smith Flat South of Wetland E-WET-6
WEED-3 13,239 GHC Rd shoulder between Selkirk and McCauley WEED-4 295 Smith Flat at Lot N, Just west of Albasio Ct WEED-5 1,298 Smith Flat North side of PCR-4
WEED-6 11,158 GHC RD Shoulder South of McCauley
WEED-7 765 Blair Mine Rd. South side of Wildlife Corridor WILD-1c WEED-8 665 Blair Mine Rd. North side of Wildlife Corridor WILD-1d WEED-9 843 Smith Flat South of Wildlife Corridor WILD-1a by WEED-10 257 Selkirk South side of Wildlife Corridor WILD-2a WEED-11 458 Selkirk North side of Wildlife Corridor WILD-2c WEED-12 607 Selkirk East side of Wildlife Corridor WILD-2c WEED-13 221 Selkirk West side of Wildlife Corridor WILD-2b WEED-14 605 Smith Flat North side of Wildlife Corridor WILD-1b WEED-15 686 Smith Flat South side of Wildlife Corridor WILD-1c 25 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Protected Cultural Resource Area (PCR)
The District is responsible for maintaining and protecting the five (5) Protected Cultural Resource areas (PCR's) listed in Table 4 below. This includes fence and sign maintenance, scheduled inspections by LLD, Miwok, and Qualified Archeologist as specified in the Historic Properties Treatment Plan of February 1999, annual informational brochures for residents and golfers, and vegetation management as directed by the City of Angels Fire Marshall. Walking Trails through the PCR areas are to be kept weed-free. (Weed whack only, no spraying allowed) Table 4 – Protected Cultural Resource Areas
Area Location
PCR #1 Near tee for hole #16
PCR #2 Chimney Site
PCR #3 Albasio Court
PCR #4 Raggio Court
PCR #5 South of Raggio Court
Protected Wildlife Corridor
The District is responsible for maintaining and protecting the two (2) Protected Wildlife Corridors within the District. This includes maintenance of the trails, trail bridges, trail signage, and annual defensible space clearing listed in the tables below.
Per the USACOE Permit the Protected Wildlife Corridor areas are to be left to develop naturally with no human intervention. The permit allows defensible space clearing when directed by the City Fire Marshal for public safety. See Figure 3 for an exhibit of current defensible space areas.
This permit may be modified as empty lots develop near the Wildlife Corridors. Minimally invasive walking trails through the Wildlife Corridor identified as WILD-2e are permitted and will be maintained by the District.
Table 5 – Trail Maintenance
Area Location
WILD-2e Between Albasio and Raggio (10' corridor x 2,200 ft) Table 6 – Trail Bridge Maintenance
Area Location
WILD-2e East and West Pedestrian Bridges between Albasio and Raggio 26 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Table 7 – Defensible Space Clearing (Annual)
Area Area (acre) Location
A-0 0.00 Open Space (near Selkirk Entrance)
A-1 1.06 Behind Selkirk and Point Drive (WILD-1b)
A-2 0.51 Catalpa and Smith Flat - North Side (WILD-1b)
A-3 0.39 Catalpa and Smith Flat - South Side (WILD-1c)
A-4 0.11 North of the Blair Mine/Smith Flat intersection (WILD-1c) A-5 0.60 Down slope from Corral Loop (WILD-1d)
A-6 0.24 Selkirk East of Grinding Rock (WILD-2b)
A-7 1.86 Selkirk, Greenstone Way, & Grinding Rock Rd. (WILD-2c) A-8 0.15 End of Springhouse (WILD-2d)
A-9 0.84 North and West of PCR-4, south of Smith Flat (WILD-2e) A-10 1.15 Southeast side of PCR-4, along the sewer maint. rd (WILD-2e) A-11 0.43 East of Albassio, south of PCR-3 (WILD-2e)
Wetlands
The Greenhorn Creek project impacted 4.41 acres of Waters of the United States, triggering the need for a Section 404 Permit under the Clean Water Act. This permit is issued, monitored, and enforced by the U.S. Army Corps of Engineers. The project removed 4.41 acres of wetlands and replaced them with 7.67 acres of compensation wetland.
There are three types of wetlands throughout the development:
Seasonal Wetland: wetlands scattered along drainages below springs and along shorelines
Emergent Wetland: The emergent zone stretches from the high-water mark to 3 feet below the high-water mark. Notice the edges of the large pond are Emergent Wetlands, but the center of the pond is not classified as wetland. However, the entire pond is classified as Waters of the United States and is protected by several regulatory agencies. Stream: waterways that exhibit an incised channel
As a requirement of the 404 Permit, the District is required to maintain the exclusionary fencing and informational signage listed in Table 8 below. The District is also required to monitor the water level and notify the golf course when the water level falls below the required minimal level.
Wetland 4b (E-WET 4b) located by the 5th Tee box is unsuccessful due to excessive nutrient loading from fertilizer runoff and insufficient depth. To mitigate these issues, the District treats this pond with beneficial bacteria monthly during the dry season. Coordination with the ACOE is ongoing to find a solution for wetland 4b.
27 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Table 8 – Wetland Exclusionary Fencing and Signage
Area Location
E-WET 1 McCauley Entrance Wetland
E-WET 4a Large Pond (By 5th, 6th, and 7th greens)
E-WET 4b Small Pond (by 5th Tee Box)
E-WET 6 Selkirk Entrance Wetland
Replacements
Dedicated funding, often referred to as “reserves,” will be used to augment for replacement costs as needed. Reserves are needed in the event improvements need to be replaced due to failure, damage, natural disaster etc.
Maps of the District with corresponding areas of maintenance are included on the following pages.
28 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Figure 1 – 404 Permit Maintenance and Improvements
29 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Figure 2 – Non-Permit Maintenance and Improvements
30 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Figure 3 – Annual Defensible Space Clearing
31 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Fiscal Year 2024-25 Estimate of Cost and Budget
Budget for Fiscal Year 2024-25
The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of the Improvements is provided below.
Table 9 – FY 2024-25 Estimate of Costs
32 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Expenditure Item Amount
General Contract $ 110,000
Water 40,000
Irrigation Maintenance 10,000
Supplies 1,500
Median Conversion 5,000
Planters 25,000
Other 1,500
Street Lights 4,000
Monuments, Pedestals 3,000
PGE Charges 2,000
Sidewalks, Stormdrains 5,000
Road Signs 1,000
Other Hardscape 1,000
Vegetation Maintenance 9,000
Chimney Preservation 15,000
Fence Maintenance 10,000
Walk Trail Maintenance 3,500
Other PCR 1,500
Trail Maintenance 3,500
Trail Bridges 2,000
Defenceable Space Clearing 10,000
Other Wildlife Corridor Expenses 1,500
Fencing 2,000
Ponds, Lake Maintenance 14,000
Other Wetlands Maintenance Expenses 2,000
County Fees 1,750
City Fees 5,000
Engineer's Report 5,000
Legal Services 45,000
Other Management Expenses 2,250
2,955
Estimated Expenditures $ 344,955
Budget Allocation to Parcels Amount
Total Assessment Budget $ 344,955
Total SFEs 530.70
Assessment per SFE 1 $ 650.00
Landscaping & Water
Hardscape
Reserves
Wildlife Corridor Expenses
Wetlands Maintenance
Table 1 - Estimated of Costs
LANDSCAPING ASSESSMENT DISTRICT NO. 2
GREENHORN CREEK
Management, Legal, & Insurance
PCR
33 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District.
The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the assessment is based upon the proportional special benefits derived by the properties in the District over and above general benefits conferred on real property or to the public at large. Special benefit and the Assessments are calculated for each parcel in the District using the following process:
1. Identification of special benefit factors derived from the Improvements
2. Calculation and quantification of the general benefits
3. Determination of the relative special benefit within different areas within the Assessment District
4. Determination of the relative special benefit per property type
5. Apportionment of the costs to Assessment and calculation of the Assessment for each individual parcel based upon special benefit; location, property type, property size, property characteristics, improvements on property and other supporting attributes.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property. This special benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." 34 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
The following benefit categories summarize the types of special benefit to residential and other lots and parcels resulting from the installation, maintenance, and servicing of the Improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types of special benefit received by property from maintenance and Improvements such as those within by the District. These types of special benefit are summarized as follows:
1. Proximity to improved landscaped, cultural and wildlife areas, and other public Improvements within the Assessment District.
2. Access to improved landscaped, cultural and wildlife areas, and other public Improvements within the Assessment District.
3. Improved views within the Assessment District.
4. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.
5. Improved nighttime visibility and safety from streetlights
6. Creation of individual lots for residential use that, in absence of the Assessments, would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:
Proximity
Expanded or improved access
Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v.
SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed above further strengthen the basis of these assessments.
35 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved Landscaped, Cultural and Wildlife Areas, and Other Public Areas within the Assessment District
Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided and the landscaped, cultural and wildlife areas in the District would be degraded due to insufficient funding for maintenance, upkeep, and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.
Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas that are provided by the Assessments. This is a direct advantage and special benefit to property in the District.
Improved Views within the Assessment District
The District, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. 36 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Extension of a Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements
The landscaped, cultural and wildlife areas within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties. The Improvements, therefore, provide an important, valuable, and desirable extension of usable land area for the direct advantage and special benefit of properties with good and close proximity to the Improvements.
Improved Nighttime Visibility and Safety from Streetlights Well maintained, effective street lighting provides special benefit to proximate parcels, within the range of the light, because it allows for safer and improved use of the property in the evenings and night. Street lighting also provides special benefit as it increases neighborhood safety and reduces the likelihood of crime on the proximate parcels.
Creation of Individual Lots for Residential Use that, in Absence of the Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval.
Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments.
General Versus Special Benefit
Proposition 218 requires an assessing agency to separate the general benefits from the special benefits of a public improvement or service, estimate the quantity of each in relation to the other, and limit the assessment amount to the portion of the improvement or service costs attributable to the special benefits.
In the legal decisions known as Golden Hill and Beutz, the California courts have determined that there typically will be some general benefit associated with parks, landscaping and lighting maintenance and improvements because people who don’t reside or own property in an assessment district do receive some, albeit minimal, benefit from the Improvements. 37 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
The separation and quantification of general and special benefits requires an apportionment of the cost of the service or improvement between the two benefit types. General benefits cannot be funded by assessment revenue. Rather, the funding must come from other sources. The Engineer, therefore, has analyzed the quantity to which the general public may reasonably be expected to use or benefit from the improved and maintained areas in relation to the quantity or extent to which property owners within the assessment district use and benefit from the improved and maintained areas.
Although the improved areas may be available to the general public at large, they have been specifically designed, located, and created to provide additional and improved public resources for property inside the District, and not the public at large. Other properties that are either outside the District, or within the District and not assessed, do not enjoy the unique proximity, access, views, and other special benefit factors described previously. These Improvements are of special benefit to properties located within the District because they provide a direct advantage to properties in the District that would not be provided in absence of the Assessments.
There is no widely-accepted or statutory formula for calculating general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. The SVTA vs.
SCCOSA decision provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.
In other words:
In any case, following is a description of the separation and quantification of general benefit in the District. In each step of this analysis, the more liberal assumptions and determinations have been used in order to ensure that the total calculated general benefit is liberally determined.
A widely-accepted formula to estimate the general benefit is listed below:
Total
Benefit = General Benefit + Special Benefit
38 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Benefit to Property Outside the District
Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique proximity and access to the Improvements that is not enjoyed by other properties or the public at large. Further, the District has significant physical barriers, such as roads, fences, and open space that impede the benefit from the Improvements by properties outside the District. There are only two points of ingress/egress into the District and these points are designed to limit random access. Developed residential properties only exist outside the District along a portion of the northern boundary. Nonetheless, some properties within immediate adjacent proximity of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. These benefits include improved views, but do not include improved proximity or access, extension of outdoor areas, nor improved lighting. Since these adjacent properties have limited direct view and access, and only receive a small portion of the benefits, a 25% reduction factor is used. This benefit is conferred to properties outside the District’s boundary. It contributes to the overall general benefit calculation and will not be funded by the Assessments.
The general benefit to property outside of the District is calculated as follows with the parcel and data analysis performed by SCI Consulting Group.
Total General Benefit to Properties Outside of the District = 2% Benefit to Property within the Assessment District
The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the Assessment District is special because the Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the Improvements enjoyed by benefiting properties in the District.
Assumptions:
43 parcels outside and adjacent to the District
526 parcels in the Assessment District
Calculation
General Benefit to Property outside the Improvement District= (43/(43+526)) * 25% = 2%
39 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Nevertheless, the SVTA decision indicates there may be general benefit “conferred on real property located in the district.” A measure of the general benefits to property within the District is the percentage of land area within the District that is publicly owned, open to the public, and used for regional purposes such as major roads, rail lines, hospitals, and other regional facilities because such properties, while physically within the District, are used for regional purposes and could provide indirect benefits to the public at large. In this case, essentially 0% of the land area is used for such regional purposes.
Total General Benefit to Properties Inside of the District = 0% Benefit to the Public at Large
This Engineer’s Report uses this general benefit measure as the third component of the overall general benefit quantification. In the Beutz case, the Court opined those general benefits from parks and recreation facilities could be quantified by measuring the use of parks and recreation facilities by people who do not live within the assessment boundaries. Therefore, the general benefit to the public at large can be estimated by the proportionate amount of time that the District’s landscaped, cultural, wildlife and lighting facilities are used and enjoyed by individuals who are not residents, employees, customers, or property owners in the District.
The golf course attracts members of the public at large into the primarily residential District.
Hence, the “Public at Large” within the District used to evaluate this component of general benefit is primarily made up of non-resident golfers.
Some of the Improvements are proximate to the Greenhorn Creek golf course and enjoyed in part by non-resident golfers. However, it should be noted, however, that there are wetlands, cultural areas, and wildlife areas distributed throughout the District, they are in close proximity accessible to all the parcels and contribute to improved views. Finally, the maintenance and improvements to the golf course clearly provide additional, offsetting special benefit to the District’s Improvements.
Based upon observations and records obtained from the golf course operator, use by persons who do not own property within the District are approximately 50% of the persons who use the golf course. Approximately 30,000 rounds of golf are played a year at the golf course. 30,000 rounds * 50% non-resident = 15,000 rounds by non-resident golfers 15,000 rounds/365 days per year = 41 golfers per day
41 non-resident golfers/1,000 approximate total population = 5% 40 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
In addition, the street lighting benefits both pedestrians and drivers who reside in the District area as well as those pedestrians and drivers from outside the District (i.e., those walking or driving through or into the District). Because the District involves residential subdivisions with no major arterial roads and few through roads, the vast majority of the walking and driving in the District at night is by those who reside in the area. City staff persons, as well as residents and golf course staff over the years have observed the drivers and pedestrians in the District area. Based on these observations, and experience with other similar projects, the Engineer has determined that approximately 5% of the drivers and pedestrians on the District streets with lighting reside outside the District.
5% General Benefit to non-resident night-time drivers
With 5% of golf course benefit by non-residents and 5% benefit from street lighting to nonresidents, the total general benefit to the public at large is:
Total General Benefit to Public at Large = 5% + 5% = 10% Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 15% (rounded up from 12%) of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.
Quantification of General Benefit Contribution from Other Sources As a result, at least 15% of the District budget must come from sources other than the assessment.
This contribution offsets any general benefits from the Assessment services. This general benefit contribution offset comes from several sources, including the Greenhorn Creek golf course, the City of Angels Camp, and the effective value of the original development. This general benefit contribution exceeds the 15% required general benefit.
General Benefit =
2 % (Outside the District)
+ 0 % (Property within the District)
+ 10 % (Public at Large)
= 12% (Round up to 15%)
41 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
General Benefit Contribution from Greenhorn Golf Course The Greenhorn Creek Golf Course owns, maintains, rehabilitates, and improves the golf course that is proximate and directly adjacent to the Improvements areas maintained by the District, and is largely funded by course use fees and an annual fee from members. The maintenance of the golf course serves to contribute to the maintenance of the District Improvements in significant ways. For example, maintenance of the landscaping proximate to the District’s improved areas provides for improved views, extension of improved areas, weed control, species control, rodent control, and other types of maintenance. The golf course’s pathways provide improved access to the District Improvements. The golf course’s drainage system manages water flow and helps maintain the improved areas. The golf course itself provides a boundary for the Improvements and retains them. The contribution from the Greenhorn Creek golf course towards general benefit from the services described in this section is conservatively estimated to be worth at least 10% of overall costs and benefits.
General Benefit Contribution from Original Development of the Improvements The value of the construction of the Improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute at least 10%.
Therefore, the total required general benefit is conservatively quantified at 15% (calculated above) which is more than offset by the total non-assessment contribution towards general benefit of 20%.
Zones of Benefit
The boundaries of the District were carefully drawn to include the properties in the District and currently receive special benefit from the Improvements.
The SVTA vs. SCCOSA decision indicates:
General Benefit contribution for non-assessment
sources =
10 % (from golf course)
+ 10 % (from initial development)
= 25% (Total General Benefit contribution)
42 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
“In a well-drawn district — limited to only parcels receiving special benefits from the improvement — every parcel within that district receives a shared special benefit. Under section 2, subdivision (i), these benefits can be construed as being general benefits since they are not “particular and distinct” and are not “over and above” the benefits received by other properties “located in the district.”
“We do not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include only properties directly benefitting from an improvement.
Indeed, the ballot materials reflect otherwise. Thus, if an assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g., general enhancement of the district’s property values).” In the District, the advantage that each parcel receives from the Improvements is direct, and the boundaries are narrowly drawn to include only parcels that benefit from the assessment.
Therefore, the even spread of assessment throughout the narrowly drawn district is indeed consistent with the OSA decision.
Within the District, zones of benefit are not justified or needed because the Improvements are provided relatively evenly across the entire area and for all parcels. Parcels of similar type in the District receive similar benefits on a per parcel and land area basis. Therefore, zones of benefit are not justified.
Method of Assessment
As previously discussed, the Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements.
It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed.
Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.
43 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of Single-Family Equivalents (SFE).
This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.
Assessment Apportionment
The Improvements provide direct and special benefit to properties in the District. The District is primarily residential single family development. As such, each single family residential property receives similar benefit from the Improvements. Therefore, the Engineer has determined that the appropriate method of apportionment of the benefits derived by all parcels is on a dwelling unit basis. All improved properties or properties proposed for development are assigned an SFE factor equal to the number of dwelling units developed or planned for the property.
Residential Properties
Certain residential properties in the Assessment Area that contain a single residential dwelling unit and are on a lot of less than or equal to one acre are assigned one Single Family Equivalent or 1.0 SFE. Traditional houses, zero-lot line houses, and town homes are included in this category of single family residential property. Properties with more than one detached single family residence on one acre or less are assigned 1.0 SFE per single family home.
Properties with more than one residential unit (other than parcels with more than one detached single family dwelling as described above) are designated as multi-family residential properties.
These properties benefit from the Improvements in proportion to the number of dwelling units that occupy each property, the average number of people who reside in multi-family residential units versus the average number of people who reside in a single family home and the relative size of each type of residential dwelling unit. The population density factors for the area in City of Angels Camp encompassing the District, as depicted in the following table, provide the basis for determining the SFE factors for residential properties. 44 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Using the total population in a certain property type in the area of the District from the 2020 Census and dividing it by the total number of such households, finds that approximately 2.16 persons occupy each single family residence, whereas an average of 2.23 persons occupy each multi-family residence. The ratio of 2.16 people on average for a single family residence and 2.23 people per dwelling unit in a multi-family residence unit result in a population density equivalent of 1.03 for multi-family residences. Next, the relative building areas are factored into the analysis because special benefits are related to the average size of a property, in addition to average population densities. For a multi-family residence, this calculation results in an SFE factor of 0.37 per dwelling unit.
Table 10 – Residential Property Types
Source: 2020 Census, City of Angels, and property dwelling size information from the Calaveras County Assessor data and other sources.
Commercial Properties
Commercial properties are generally open and operated for more limited times, relative to residential properties. Therefore, the relative hours of operation can be used as a measure of benefits since employee density also provides a measure of the relative benefit to property. Since commercial properties are typically open and occupied by employees approximately one-half the time of residential properties, it is reasonable to assume that commercial land uses receive onehalf of the special benefit on a land area basis relative to single family residential property.
The average size of a single family home with 1.0 SFE factor in the Service Area is 0.25 acres.
Therefore, a commercial property with 0.25 acres receives one-half the relative benefit, or a 0.50 SFE factor.
The SFE values for various commercial land uses are further defined by using average employee densities because the special benefit factors described previously are also related to the average number of people who work at commercial properties.
Total Occupied Persons per Pop. Density SqFt Proposed
Population Households Household Equivalent Factor Rate
Single Family Residential 3,062 1,419 2.16 1.00 1.00 1.00 Multi-Family Residential (5+ Units) 138 62 2.23 1.03 0.36 0.37 45 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
To determine employee density factors, this Report utilizes the findings from the San Diego County Association of Governments Traffic Generators Study (the “SANDAG Study”) because these findings were approved by the State Legislature which determined the SANDAG Study to be a good representation of the average number of employees per acre of land area for commercial and industrial properties. As determined by the SANDAG Study, the average number of employees per acre for commercial and industrial property is 24. As presented in Figure 1, the SFE factors for other types of businesses are determined relative to their typical employee density in relation to the average of 24 employees per acre of commercial property.
Table 11 – Commercial/Industrial Benefit Assessment Factors
1. Source: San Diego Association of Governments Traffic Generators Study, University of California, Davis and other studies and sources.
2. The SFE factors for commercial and industrial parcels indicated above are applied to each fourth acre of land area or portion thereof. Additional acres over five for commercial, office, shopping center and industrial parcels are calculated per acre or portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is the SFE Units listed herein.) Vacant/Undeveloped Properties
The Improvements will make the land in the District more desirable and useable. The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City of Angels Camp found that approximately 15% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 15% of the benefits are related to the underlying land and 85% are related to the improvements and the day-to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.15 per parcel.
Average SFE Units SFE Units
Type of Commercial Employees per per
Land Use Per Acre 1 Quarter Acre 2 Acre After 5
Commercial 24 0.500 0.500
Office 68 1.420 1.420
Shopping Center 24 0.500 0.500
Self Storage or Parking Lot 1 0.021 0.021
46 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Other Property Types
For certain properties, additional analysis and calculation of special benefit is required, as indicated below:
Golf Course Fairways and Greens
Golf course fairways and greens parcels do provide special benefit in the form of improved views and beautification to all parcels within the District – however, they also receive some special benefit from the Improvements as enjoyed by golfers on these parcels. The fairways and green parcels include:
Parcel Acres
058-045-002-000 19.56
058-046-013-000 35.14
058-046-015-000 39.47
058-047-005-000 8.84
058-047-009-000 25.37
058-047-012-000* 28.55
058-060-006-000** 1.74
Total acreage = 158.67
*Note: mixed-use parcel – 2.5 sfe added for Caddy Shack Rental **Note: entry way parcel with similar benefit to fairways and greens The Engineer has conducted an analysis and determined that there are typically 21 golfers on the course at anytime.
The special benefit is calculated as such:
21 golfers/2.16 household residents = 9.72 Single Family Equivalents of special benefit
9.72 SFE’s/158.67 acres = 0.0612 SFEs/ acre
Fitness, Tennis, Basketball, Pool, etc.
Fitness and sport court parcels receive special benefit from the improvements similar to other parcels. The fitness and court sport parcels include:
Parcel Acres
058-071-014-000 1.91
058-043-005-000 0.33
058-080-019-000 1.36
Total acreage = 3.60
The Engineer has conducted an analysis and determined that there are typically 5 users on these facilities at anytime.
47 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
The special benefit is calculated as such:
5 users/2.16 household residents = 2.314 SFEs of special benefit
2.314 SFE’s/3.60 acres = 0.6430 SFEs/ acre
Club house (Restaurant, Pro Shop, and Wedding Facilities) The Club house parcel does provide special benefit similar to the other parcels. The club house parcel include:
Parcel Acres
058-046-007-000 2.86
Total acreage = 2.86
The Engineer has conducted an analysis and determined that there are typically 7 golfers in Club house, 15 restaurant customers, 1 pro shop customers, and 2 special event guests anytime at anytime.
The special benefit is calculated as such:
The benefit to golfers + benefit to restaurant customers + benefit to pro shop customers + benefit to special event guests
(7 golfers + 18 non-golfers)/2.16 household residents = 11.5740 SFEs of special benefit
11.5740 SFE’s/2.86 acres = 4.0468 SFEs/ acre
Annual Cost Indexing
The maximum assessment rate within the Improvement District may increase in future years based on the annual increase, if any, in the Northern California (San Francisco-Oakland-Hayward) Consumer Price Index-All Urban Consumers (the “CPI”) from December to December of each year.
Duration of Assessment
The Assessments, will be continued every year after their formation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.
48 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Angels Camp City Administrator or their designee. Any such appeal is limited to correction of an Assessment during the then-current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Administrator or their designee will promptly review the appeal and any information provided by the property owner. If the City Administrator or their designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Administrator or their designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Administrator or their designee shall be referred to the Angels Camp City Council, and the decision of the City Council shall be final.
Assessment Funds Must Be Expended within the District
The net available Assessment funds, after incidental, administrative, financing, and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section.
Oversight, Annual Review, and Accountability
The Assessment proceeds and expenditures will also be reviewed and overseen by the City Council. In addition, the Assessment budget, Assessment rate, Assessment CPI increase, and Improvements will be reviewed at a noticed public hearing by the Councill and public.
In general, the public review and accountability process is as follows: The Assessments will not automatically continue and will require specific actions, reports, and procedures for continuation.
In each subsequent year for which the Assessments will be levied, the Council must preliminarily approve at a public meeting a budget and costs for the upcoming Fiscal Year’s Improvements, an updated annual Engineer’s Report, and an updated Assessment roll listing all parcels and their Assessments. At this meeting, the Council will also call for the publication in a local newspaper of a legal notice of the intent to continue the Assessments for the next Fiscal Year and set the date for the noticed public hearing. At the annual public hearing, members of the public can provide input to the Council prior to the Council’s decision on ordering the Improvements and the Assessments for the next Fiscal Year.
49 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Citizens’ Oversight Committee
The Greenhorn Creek Landscape and Lighting Assessment District No. 2 Oversight Committee (the “Committee”) was established for the Assessment District. The purpose of the Committee is to represent property owners within the Greenhorn Creek Landscape and Lighting District No. 2. in matters associated with the oversight and management of District finances and affairs in conjunction with the annual Engineer’s Report. Committee membership is limited to property owners within the District and membership is limited to between seven (7) and eleven (11) members. Regular meetings of the Committee shall be held at least quarterly with an Annual Meeting in January.
50 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Assessment
WHEREAS, the City Council of the City of Angels Camp, County of Calaveras, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), adopted its Resolution Initiating Proceedings For the Formation of the Landscaping and Lighting Assessment District; WHEREAS, the Resolution directed the undersigned Engineer of Work to prepare and file a report presenting a description of the Improvements, an estimate of the costs of the Improvements, a diagram for the Assessment District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the Assessment District, to which Resolution and the description of the Improvements therein contained, reference is hereby made for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act and the order of the City Council of the City of Angels Camp, hereby make the following assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.
The amount of the costs of the Improvements and related incidental expense to be paid by the District for the fiscal year 2024-25 is as follows:
Table 12 – Budget Summary
As required by the Act, the Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the District. The distinctive number of each parcel or lot of land in the City of Angels Landscaping and Lighting District No. 2 – Greenhorn Creek is its Assessor Parcel Number appearing on the Assessment Roll.
Landscaping & Water 193,000
Hardscape 16,000
PCR 39,000
Wildlife Corridor Expenses 17,000
Wetlands Maintenance 18,000
Management, Legal, & Insurance 59,000
Reserves 2,955
Net Amount to Assessments $ 344,955
51 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the related incidental expenses, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Cost Estimate and Method of Assessment in the Report.
The assessment is subject to an annual adjustment tied to the Consumer Price Index-U for the San Francisco Bay Area as of December of each succeeding year (the “CPI”). Based on the preceding annual adjustments, the maximum assessment rate for Fiscal Year 2023-24 per Single Family Equivalent unit (SFE) was $681.72. The annual change in the CPI from December 2022 to December 2023 was 2.62%. Therefore, the maximum authorized assessment rate for Fiscal Year 2024-25 has been increased by 2.62%, from $681.72 to $699.58 per SFE. The estimate of cost and budget in this Engineer's Report proposes assessments for Fiscal Year 2024-25 at the rate of $650.00 per SFE unit, which is below the maximum authorized rate.
The assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Calaveras for the fiscal year 2024-25. For a more particular description of the parcel, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of Calaveras County.
I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Rolls, the amount of the assessment for the fiscal year 2024-25 for each parcel or lot of land within the District.
Dated: April 25, 2024
________________________________
Engineer of Work
By John W. Bliss, License No. C052091
52 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Assessment Diagram
The District Boundary and the parcels to be assessed in Landscaping and Lighting District No. 2 – Greenhorn Creek are displayed on the Assessment Diagram, which is on file with the City Clerk of the City of Angels Camp. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Calaveras for Fiscal Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report.
53 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
54 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
Assessment Roll, FY 2024-25
An Assessment Roll (a listing of all parcels assessed within the Assessment District and the amount of the assessment) is below.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. 55 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
56 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
57 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
58 Section 8, Item D.
City of Angels Camp
Landscaping and Lighting District No. 2 - Greenhorn Creek Engineer’s Report, FY 2024-25
59 Section 8, Item D.
RESOLUTION NO. 24-38
OF THE
CITY COUNCIL OF THE CITY OF ANGELS, COUNTY OF CALAVERAS, STATE OF
CALIFORNIA, APPROVING THE PRELIMINARY ENGINEERS REPORT, DECLARING ITS INTENTION TO CONTINUE ASSESSMENTS FOR FY 2024- 25 FOR THE LANDSCAPING AND LIGHTING DISTRICT NO. 1 –
GREENHORN CREEK AND NOTICE OF PUBLIC HEARING
WHEREAS, on August 2, 2022, after receiving a weighted majority of 84.62% of returned ballots in support of the proposed assessment, this Council by its Resolution No. 22-41 ordered the formation of and levied the first assessment of the “The Landscape and Lighting District No. 2 – Greenhorn Creek” (the "District"), pursuant to the provisions of Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof); and
WHEREAS, by Resolution No. 24-24, the City Council of the City of Angels adopted its Resolution Initiating Proceedings for the preparation and filing of the annual Engineer's Report for Fiscal Year 2024-25, commencing on July 1, 2024 and ending June 30, 2025, pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, pursuant to Resolution No. 24-25, the Engineer's Report was prepared by SCI Consulting Group, Engineer of Work, in accordance with Sections 22565, et seq., of the Streets and Highways Code (the "Report") and Article XIIID of the California Constitution; and
WHEREAS, the Annual Engineer's Report has been filed as directed with the City Council, pursuant to the Landscaping and Lighting Act of 1972 for the above-identified Landscaping and Lighting Assessment District, all of which are located within the boundaries of the City of Angels and are more specifically described in the Engineer's Reports on file;
WHEREAS, the improvements to be paid for by the funds collected during Fiscal Year 2024-25 generally consist of maintenance of the existing improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANGELS AS FOLLOWS:
60 Section 8, Item D.
SECTION 1: The City Council hereby approves, as submitted, the preliminary Engineer's Report filed with this City Council for the Landscaping and Lighting District No. 2 – Greenhorn Creek for Fiscal Year 2024-25.
SECTION 2: The City Council intends to continue to levy and collect assessments during Fiscal Year 2024-25 within the Landscaping and Lighting Assessment District, to pay for and maintain the improvements.
SECTION 3: The authorized maximum assessment rate for the District includes an annual increase by an amount equal to the annual change in the Northern California area (San Francisco-Oakland-Hayward) Consumer Price Index-All Urban Consumers (the “CPI”), as of December of each succeeding year. The amount of the annual increase in the CPI-U from December 2022 to December 2023 is 2.62%. The authorized maximum levy rate for fiscal year 2024-25 is 2.62% above the maximum levy rate for fiscal year 2024-25.
Including the authorized annual adjustment, the maximum authorized assessment rate for fiscal year 2024-25 is $699.58 per single family equivalent. The levy rate proposed for fiscal year 2024-25 is $650.00 and is below the maximum levy rate.
SECTION 4: Affected property owners and interested persons may review the Engineer's Report, which contain a full and detailed description of the boundaries of the Landscaping and Lighting Assessment District identified in number 1 above, the improvements, and the proposed maintenance budget and assessments upon each parcel, at the City of Angels City Hall located at 584 S. Main St., Angels Camp, CA 95222 between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
SECTION 5: The City Council has scheduled a public hearing on the proposed assessments for June 18, 2024 at 6:00 p.m., at the Angels Camp Firehouse, located at 1404 Vallecito Rd Angels Camp, CA 95222, after which it will determine whether to continue and collect the proposed assessments and the amount of the assessments. Notice of the hearing shall be given by publishing a notice once, at least ten (10) days prior to June 18, 2024, in a newspaper circulated in the City of Angels Camp.
SECTION 6: Prior to the conclusion of the Hearing, any interested person may file a written protest with the Council, or having previously filed a protest, may file a written withdrawal of that objection. A written objection shall state all grounds of objection. An objection by a property owner shall contain a description sufficient to identify the property owned by such owner. Such protest or withdrawal of objection should be mailed to the City Clerk, City of Angels Camp, 584 S. Main St., Angels Camp, CA 95222, or presented in writing at the Hearing.
61 Section 8, Item D.
SECTION 7: This Resolution is effective upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Angels, State of California this 7th day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Jennifer Davis-Herndon,
Mayor
ATTEST:
_________________________
Michelle Gonzalez, Deputy City Clerk
62 Section 8, Item D.
COMMUNITY AND ECONOMIC DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 DATE: May 7, 2024
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 updates.
STRATEGIC PLAN ALIGNMENT:
A4: Economic Development: Promote a wide variety of economic opportunities consistent with the city's social, cultural, environmental, and aesthetic resources. The proposed Rural Recreation and Tourism grant park project is intended to increase tourism through park enhancements including a stage, historical (cultural) interpretation trail, and improved pavilion for outdoor events. A new children’s playground, adult/teen exercise equipment, bocce courts, hardcourts, improved pavilion and stage are intended to encourage social interactions with local theatre productions, local musical performances, movies in the park and enhanced outdoor spaces for other local events.
A5: Economic Development: Maintain and enhance the city's economic vitality while conserving the city's social, cultural, environmental, and aesthetic resources. See above.
B2 Community Identity: Design new development to be compatible with the natural, scenic, and cultural resources and rural character of Angels Camp. The Community Stakeholders Design Committee will assist with park design to ensure compatibility with cultural resources and rural character.
C7: Public Facilities and Services: Maintain or increase the levels of service currently available within Angels Camp for park facilities and infrastructure. The project will increase the size of Utica Park by 3.8± acres, add or improve numerous park amenities, and upgrade and expand infrastructure increasing the level of park facilities available to all age groups and ability levels for residents and visitors.
BACKGROUND:
Consistent with direction from the City Council, attached is an update on the above-captioned project through April 30, 2024.
Boyer was selected to design and build the project. A notice to proceed will be issued upon City approval of the site layout plans, receipt of initial construction documents for the first project phase, and issuance of initial city permits for the first project phase.
Refinements to the conceptual site plan approved by the City Council at its April 16, 2024, were refined on April 30, 3024 in response to the final survey completed in April. A groundbreaking is tentatively scheduled the third week in May (following the Fair) or the first week in June. Playground equipment has been ordered. A walk-through with the playground consultant to refine playground grading limits will occur on May 2, 2024.
The park’s Constant Contact e-mail notification database created for persons interested in park updates, newsletters, status reports includes 195 individuals. Please send an e-mail to [email protected] with a subject line “Utica Park” to receive notifications.
63 Section 9, Item A.
COMMUNITY AND ECONOMIC DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Wood for the park benches from the walnut trees is at the mill, being milled and dried. Upon completion, the milled wood will be converted into benches.
Parties interested in sponsoring a memorial tree or a memorial bench are encouraged to submit their name to [email protected]. To date, there are six individuals expressing interest. Signing up does not commit individuals to a purchase. Interested persons will be notified once costs are determined. Staff is requesting that anyone with a brand from a local ranch contact [email protected]. The city would like to incorporate local brands into one or more of the benches being constructed for the park. Staff has three sign-ups for local brands and has reached out to the Cattleman’s Association (Nicolas Valente) and Farm Bureau (Toni Ann Fischer) for additional interest.
The interpretive sign committee met April 30, 2024. The Committee is editing content and selecting photos for 8 interpretive signs. Committee members are Judith Marvin (historian), Tad Folendorf (historian), James G.
Respess, Ph.D. (graphic design), Amy Augustine, Rebecca Callen. Interpretive sign language for the Mother Lode Belt, Lightner Mine, Utica Mine, persons associated with the mines, and Nationalities represented in the has been drafted. Overview of a working mine, and supplemental information related to Mark Twain is pending. QR codes are also proposed for various locations and on interpretive signs to provide additional information. The concept sign design was presented to the Community Stakeholders Design Committee 3/20/24. Signage will be brought back to the Stakeholders Design Committee in June. Monuments, Dedications, and Relocations. Staff has already met with all individuals or organizations associated with each monument to ensure they are handled properly. Surviving relatives of fallen soldiers on the veteran’s memorial plaque have been contacted individually and their input will be followed for any potential relocation and rededication. Boyer is aware of all restrictions related to moving and conserving park monuments. The “gateway” monumentation (mining equipment) near Napa was reviewed by the City of Angels Planning Commission. The Planning Commission approved relocating the equipment. Interpretive signage for the equipment will be added at its new location.
Boyer is contracting with a monument expert to rehabilitate the Mark Twain Statue. Staff is working with Dave Sutton to relocate the statue to the Angels Camp Museum where it will be refurbished. Residents and visitors will be able to watch the refurbishing outside the Carriage House at the museum. The base of the statue will remain in the park during refurbishing. Based on the children’s playground design and location it is expected that the statue will be relocated north of its current location. PG&E has asked to donate trees for the park and the city has accepted. Staff has identified and is meeting with a landscape designer May 3, 3024, to discuss landscaping options.
ATTACHMENTS:
A. Site Layout (Conceptual)
B. Timeline (pending)
C. Budget
64 Section 9, Item A.
1440' 1450' 1430' 1440' 1440' 1430' 1440' 1450' 1460' 1470' 1430'
1450' 1440' 1450' 1460' PRELIMINARY NOT FOR CONSTRUCTION 1 1" = 30' rev date description SITE INFORMATION: SHEET: OF: PROJECT NO: DRAWING: SCALE: CHECKED BY: DRAWN BY: ISSUE DATE: PROJECT INFORMATION: OWNER INFORMATION: REVISIONS: 1 23-__.__ UTICA PARK A Site Plan for:
CITY OF ANGELS
UTICA PARK
1075 UTICA LANE
ANGELS CAMP, CA 95222 APN 060-006-008 1075 UTICA LANE ANGELS CAMP, CA 95222 CITY OF ANGELS P.O. BOX 667 ANGELS CAMP, CA 95222 Ph (209) These drawings and specifications are the property of the engineer and shall not be used on any other work except by agreement with the engineer Written dimensions shall take preference over scaled dimensions and shall be verified on site. Any discrepancy shall be brought to the notice of the engineer prior to commencement of any work. ENGINEER OF RECORD: CONTOUR INTERVAL = 2' SITE IMPROVEMENT PLAN FOR: UTICA PARK 1075 UTICA LN, ANGELS CAMP, CA. 95222 Existing Kitchen West Parking
South Entrance
Stage
North Parking
Par course
equipment
Mining
Equipment
Statue
Gravel Trench 781'-3 3/4"
Pavilion
(opt A - replace
opt B - refurbish
South Parking Bocce Court
Bbq
EV EV EV
Remodelled
New Bathroom Bathroom
Outdoor gym
equipment
(1,500 sq ft) Add Alt 1
Playground Picnic / Farmers Market /
Concert Area
Hard Court Add Alt 2
65 Section 9, Item A.
Utica Budget
Type Description Vendor Budget Amount Actuals Balance
1 Revenue Agreement Rural Recreation and Tourism $3,000,000.00 $414,795.00 $2,585,205.002 Revenue Agreement Per Capita $177,952.00 $177,952.003 Revenue Agreement CDBG CV (Bathrooms) $167,000.00 $91,127.50 $75,872.504 Revenue Agreement CDBG CV (Generator) $30,430.00 $30,430.00 $0.005 City Contribution ARPA Funds $400,000.00 $400,000.006 Revenue Agreement Angels Community Club $135,000.00 $135,000.00 $0.007 City Contribution General Fund Match for State Grant $57,166.00 $10,561.00 $46,605.008 City Contribution General Fund Contribution $60,000.00 $60,000.009 Total Revenue/Contribution Sources $4,027,548.00 $681,913.50 $3,345,634.50 101112 Expense Contract Land Purchase $325,071.00 $325,071.00 $0.0013 Expense Contract Phase 1 (Haz Materials) Nelson Environmental $2,500.00 $2,500.00 $0.0014 Expense Contract Appraisel Schuller Appraisals $2,500.00 $2,500.00 $0.0015 Expense Contract Planning Services Augustine Planning $57,166.00 $10,561.00 $46,605.0016 Expense Contract Design and Construction Boyer Construction $2,275,000.00 $30,615.80 $2,244,384.2017 Expense Contract Geotechnical engineering Geocon $4,900.00 $4,900.00 $0.0018 Expense Contract Geotechnical Phase II Geocon $35,470.00 $19,545.73 $15,924.2719 Expense Contract Geotechnical Change Order Phase II Geocon $20,023.00 $20,023.0020 Expense Contract Arborist Report California Tree and Landscape $2,180.00 $2,180.00 $0.0021 Expense Contract Demolition SJOOE $171,622.00 $171,622.00 $0.0022 Expense Contract Tree trimming (per arborist report) Peffer's Tree Service $7,000.00 $7,000.00 $0.0023 Expense Contract Playground equipment and installation SPEC $460,000.00 $139,251.38 $320,748.6224 Expense Contract Bathrooms T&S West $309,000.00 $118,370.00 $190,630.0025 Expense Contract Generator Pioneer Electric $30,430.00 $30,430.00 $0.00262728 Total Expenses $3,702,862.00 $864,546.91 $2,838,315.092930 Balance $324,686.00 -$182,633.41 $507,319.41 Exported on May 2, 2024 6:03:31 PM PDT Page 1 of 1 66
Section 9, Item A.
C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: May 7, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND DIRECTION ON ANIMAL KEEPING
RECOMMENDATION:
Discuss and direct staff on citizens' ability to keep animals on their properties and determine if any changes should be made. Direct staff to take recommendations to the Planning Commission or directly to the City Council.
STRATEGIC PLAN ALIGNMENT:
Conservation and Open Space. Protect the health and safety of people and property in the city from natural and man-made hazards. Animal-keeping ultimately comes down to maintaining animals in a manner that does not create a public nuisance (i.e., health hazard) and neighborhood disruptions.
BACKGROUND:
The City of Angels adopted Ordinance 511 on September 21, 2021. This ordinance introduces the definition and permissive use of “Animal Keeping” (small and large). Prior to this ordinance, the city’s code was silent on the ability of any animal keeping on any property, regardless of zoning. The ordinance was enacted in response to code complaints and the desire of residents to raise their own food during the pandemic.
The code definitions included hoofed and non-hoofed animals and limits total numbers of each based on parcel size and zoning. Around the same time, Ordinance 510 was also approved that expanded the use of Conditional Use Permits (generally requiring a public hearing before the Planning Commission) to include Administrative Use Permits (generally issued in-house without a public hearing). While not specific to animal keeping, the administrative conditional use permit allows an administrative pathway for animal-keeping which currently is addressed as follows:
Zoning District Permitted Administrative Conditional Use Permit
Single-family residential -- Small animal keeping
Large animal keeping
Residential Estate, one acre
minimum
Small animal keeping Large animal keeping
67 Section 9, Item B.
C IT Y H AL L
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
Residential Estate, five acre
minimum
Small animal keeping
Large animal keeping
--
Special Planning Small animal keeping
Large animal keeping
--
All other zoning districts Not addressed Not addressed
DISCUSSION:
The city of Angels Camp has had a long-standing history of animal keeping. As the population has increased and changed over time, complaints regarding hoofed and non-hoofed animal keeping increased and in 2021, staff were directed to create a pathway for animal keepers mainly chickens, limited hoofed animals for youth agricultural projects, and as a lower-cost option for personal food access.
In practice, conditional use permits have not been requested by animal keepers in compliance with any of these sections, and the city is made aware of any animal keeping when there are complaints to Code Compliance regarding a public nuisance as defined in Angels Municipal Code (AMC) Chapter 1.17.
In discussing the density limits for animal keeping with Environmental Health, which oversees animal welfare issues throughout the county, including within the city, they commented that the city limit is very conservative. However, increasing the number of animals, especially for small-sized lots, would not change the real culprit, which is complaint-driven nuisances that are many times valid.
Current Code Information
Definitions related to Animal Keeping added to 17.09:
Animal keeping. See small animal keeping, large animal keeping, limited small animal keeping, limited large animal keeping.
Limited large-animal keeping. “Limited large-animal keeping” shall mean that the keeping of certain large animals that may be permitted subject to the following density standards:
One large hoofed-animal unit = one domesticated hoofed animal. 68 Section 9, Item B.
C IT Y H AL L
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
Limited small-animal keeping. “Limited small-animal keeping” shall mean that the keeping of the following small-to-moderate sized animals that may be permitted subject to the following density standards: One small nonhoofed animal unit = twelve poultry, twelve rabbits, or any combination of poultry and rabbits totaling twelve individual animals. One small hoofed-animal unit = two sheep or two goats.
Small-animal keeping. “Small animal keeping” shall mean raising or keeping small non-hoofed-animals customarily raised or kept on farms including, but not limited to poultry, rabbits. It also includes small or moderate-sized hoofed animals including, but not limited to sheep, goats.
Chapter 17.18 R-1 Single Family Residential District additions related to animal keeping:
17.18.030 Conditional Uses
K. Limited Small animal keeping;
69 Section 9, Item B.
C IT Y H AL L
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
L. Limited Large animal keeping on parcels one acre or greater in size
1.17.030 Public nuisance--Generally.
The term "public nuisance" as used in this chapter means the creation or maintenance of any condition upon private or public property which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, or a detriment to property values, or contributes to blight, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, or street.
It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property in such a manner described in this section through Section 1.17.220. It is unlawful and it shall be a public nuisance for any member of the public to create, cause, commit, permit or maintain any condition or to perform or cause to be performed any activity specifically identified as a public nuisance in this section through Section 1.17.220, by this code and/or by applicable statutes, rules, codes or regulations. (Ord. 514 §1 (Att. B), 2021) Other Jurisdictions
In researching other jurisdictions, common animal keeping restrictions for chickens to address them becoming a public nuisance issues and help keep the peace between neighbors include:
No roosters,
Requiring coops (no free range),
Restricting how close a coop can be to a neighbor
Some jurisdictions require a form of “registering” animal keeping with the City allowing for education to avoid potential conflicts between neighbors.
Examples include:
City of Modesto: (Code Link)
- Limits animal count.
- Requires coops.
- Requires a setback of 40 feet from other residences.
- Restricts roosters.
City of Ione: (Code Link)
70 Section 9, Item B.
C IT Y H AL L
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
- Dedicates an entire chapter of their code to all types of animals. - Limits the number of animals.
- Restricts roosters.
- Sets a setback requirement of 15 feet.
- Requires four feet per bird.
- Limits the addition of animals to parcels .50 acres and larger.
These regulations aim to mitigate agricultural uses versus neighboring non-agricultural uses and address public nuisance issues such as noise, odor, and sanitary concerns.
Questions to answer:
1. Does the existing Municipal Code need to be changed?
2. Does the code need to limit zoning types?
3. Is there a minimum parcel size?
4. What is the limit of animals per parcel?
5. Setback requirements?
6. Licensing requirements?
7. Administrative Use Permit when not in alignment with the code?
8. Fees?
9. Back to Planning Commission or directly to City Council? The current violations in the Code Compliance division have been complaints regarding noise, poorly maintained pens that have created odor and sanitary issues, pest infestation, and animal welfare issues.
These violations do not change because increasing the number of animals, opening the type of zone types, etc. will not eliminate the issues that warranted the complaint.
FINANCIAL IMPACT:
71 Section 9, Item B.
C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
The city is spending funds on Planning and Code regarding the non-nuisance piece of the code, specifically the “planning” portion. Both individuals are contracted in addition to city staff time. There is not currently sufficient staff to properly manage a licensing/ administrative use permit pathway.
ATTACHMENTS:
Ordinance 510 and Staff Report
Ordinance 511 and Staff Report
72 Section 9, Item B.
Entitlement Processing Amendments Second Reading - 1
DATE: August 3, 2021
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: Ordinance 510 to revise the requirements, findings, and procedures for processing site plan reviews (site development permits), administrative site plan reviews, conditional use permits, variances, rezonings, general plan amendments, code amendments, and appeals of Planning Commission decisions as found in Chapters 17.60 (replace with a new Chapter 17.73 and 17.74), 17.75, 17.78, 17.81, and 17.90 of the Angels Camp Municipal Code (AMC), amend Chapter 17.34 to reflect these changes, and amend to Chapter 17.09 defining terms used in support of these amendments.
RECOMMENDATION:
Introduce Ordinance 510, waive the second reading, hold a public hearing, adopt Ordinance 510, and direct the City Clerk to process Ordinance 510 in accordance with Ordinance Section 10 to:
Revise the requirements, findings, and procedures for processing site plan reviews (site development permits), administrative site plan reviews, conditional use permits, variances, rezonings, general plan amendments, code amendments, and appeals of Planning Commission decisions as found in Chapters 17.60 (replace with a new Chapter
17.73 and 17.74), 17.75, 17.78, 17.81, and 17.90 of the Angels Camp Municipal Code (AMC), amend Chapter 17.34 to reflect these changes, and amend to Chapter 17.09 defining terms used in support of these amendments.
BACKGROUND:
Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment to the zoning code may be initiated by a resolution of intention of the planning commission.
As necessary to provide a more cohesive method of applying for and processing land use entitlements, and as part of the City’s comprehensive code update, revisions and updates to the city’s permitting procedures are necessary. In addition, in conjunction with the receipt of SB2 funds to facilitate the City’s comprehensive code update; code amendments identified in the City’s General Plan Housing Element (2019-2027) are required to be enacted and incorporated.
The proposed changes included herein provide the basis for consistently processing land use entitlements, and where feasible, streamlining those processes, citywide.
The proposed changes were introduced at the City Council meeting of July 20, 2021. The Council introduced Ordinance 510, waived the first reading, held a public hearing, and set August 3, 2021 for a second public hearing.
ANALYSIS
Pursuant to existing AMC Section 17.90.040, the following findings are required for code amendments:
73 Section 9, Item B.
Entitlement Processing Amendments Second Reading - 2
Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments are specifically required pursuant to the General Plan. Specifically, Housing Element Implementation Program 2.B.a requires a comprehensive update of the City’s Municipal Code as follows:
2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan.
The proposed code revisions will partially implement this general plan housing element program.
2.D.b Facilitate the Provision of Special Needs Housing
2.D.c Facilitate the Establishment of Housing for Special Needs Populations for Facilities Accommodating Six or Fewer Residents
2.D.d Facilitate Employee Housing/Farmworker Housing
2.D.o Supportive Housing
2.D.q Amend the Municipal Code – Transitional and Supportive Housing Glossary: Proposed addition (or updates) of definitions: Community Care Facility, Group Home, Large Family Day Care, Residential Care Facility and Special Needs Housing As reflected in the proposed procedures for Administrative Site Plan Reviews (17.73) and Site Development Permits (17.74), and by incorporating definitions adopted in the Housing Element (17.09) necessary to the Site Plan Review and Site Development Permit procedures; the proposed revisions will implement these general plan housing element programs while streamlining and making consistent permit processing for most land use entitlements. The addition of definitions incorporated in the administrative site plan and site development permit procedures further implement state housing laws. Therefore, it is consistent with the general plan and municipal code.
Finding B: The proposed changes are not detrimental to the health, safety, peace, morals and general welfare of the city and its people.
The proposed amendments provide the mechanisms for implementing the general plan. The proposed revisions will implement general plan housing element programs while streamlining and making consistent permit processing for most land use entitlements. Therefore, it is not detrimental to the health, safety, peace, morals and general welfare of the city and its people.
ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendment is exempt from further review, because the proposed amendment implements a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.
FISCAL IMPACTS:
The code amendments are funded through the City’s SB2 grant funds. Therefore, no impacts to the general fund are anticipated.
74 Section 9, Item B.
Entitlement Processing Amendments Second Reading - 3
One of the proposed additions to the permit processing procedures expands the scope of projects that may be subject to administrative site plan reviews. This will generally reduce application fees for projects valued at less than $500,000 and eliminate the need for a public hearing for those uses that are otherwise permitted uses. At the same time, proposed new procedures for both Site Development Permits and Administrative Site Plan Reviews eliminates the requirement to secure a site development permit or administrative site plan review permit when another entitlement (e.g., Conditional Use Permit, Development Agreement) already is required. While the current fee schedule allows for reducing applicant costs when multiple permits are required; the proposed amendments herein will eliminate the cost of securing sometimes duplicative permits. Therefore, the overall application cost to potential new businesses and developers is expected to be reduced. Because staff will process fewer permits with staff reports made correspondingly shorter, staff costs are expected to be correspondingly reduced.
ATTACHMENTS:
A. Ordinance 510
Sections 1-3: Proposed amendments to Chapter 17.09 (Definitions) Sections 4-5: Proposed amendments to Chapter 17.60 through addition of new Chapters 17.73 (Administrative Site Plan Reviews) and 17.74 (Site Development Permits) Section 6: Proposed amendments to Chapter 17.75 (Variances) Section 7: Proposed amendments to Chapter 17.78 (Conditional Use Permits) Section 8: Proposed amendments to Chapter 17.81 (Appeals) Section 9: Proposed amendments to Chapter 17.90 (Code Changes, Zoning and General Plan Amendments) 75 Section 9, Item B.
Entitlement Processing Amendments Second Reading - 4
CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 510
AN ORDINANCE REVISING THE REQUIREMENTS, FINDINGS, AND PROCEDURES FOR PROCESSING
SITE PLAN REVIEWS (SITE DEVELOPMENT PERMITS), ADMINISTRATIVE SITE PLAN REVIEWS,
CONDITIONAL USE PERMITS, VARIANCES, REZONINGS, GENERAL PLAN AMENDMENTS, CODE
AMENDMENTS, AND APPEALS OF PLANNING COMMISSION DECISIONS AS FOUND IN CHAPTERS
17.60 (REPLACING IT WITH NEW CHAPTERS 17.73 AND 17.74), 17.75, 17.78, 17.81, AND 17.90 OF THE ANGELS CAMP MUNICIPAL CODE (AMC), AMEND CHAPTER 17.34 TO REFLECT THESE CHANGES, AND AMEND TO CHAPTER 17.09 DEFINING TERMS USED IN SUPPORT OF THESE AMENDMENTS.
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter 17.09, of the City of Angels Municipal Code is hereby amended to delete numbering for all individual definitions in Chapter 17.09 and reorganize all definitions in alphabetical order.
Section 2: Chapter 17.09 of the City of Angels Municipal Code is hereby amended to add the following definitions:
Alcoholism Recovery or Treatment Facilities.
Facilities licensed by the California Department of Health Care Services Health and Human Services Agency to provide 24-hour, residential, non-medical, substance use disorder recovery or treatment services. Services are provided in an alcohol and drug free environment and support recovery or treatment for substance use disorder related problems. Services may include the following: detoxification, recovery or treatment planning, educational sessions, social/recreational activities, individual and group sessions, family education and parenting, case management, client file review, relapse prevention, and information about and assistance in obtaining health, social, vocational, and other community services. (Health and Safety Code Section 11834.02, and as may be amended)
Community Care Facilities.
“Community Care Facilities” are facilities licensed by the Community Care Licensing Division of the California Department of Social Services and includes any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Community Care Facilities are detailed in Health and Safety Code Section 1502. They include, but are not limited to the following as defined in Health and Safety Code Section 1502:
a. Residential Care Facilities
b. Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. c. Therapeutic day services facilities means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to 76 Section 9, Item B.
Entitlement Processing Amendments Second Reading - 5
families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers d. Foster family agency means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following: (i) Recruiting, certifying, approving, and training of, and providing professional support to, foster parents and resource families, (ii) Coordinating with county placing agencies to find homes for foster children in need of care, (iii) Providing services and supports to licensed or certified foster parents, county-approved resource families, and children to the extent authorized by state and federal law.
e. Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian.
It also means a foster family home described in Section 1505.2. f. Small family home means any residential facility, in the licensee’s family residence, that provides 24- hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
g. “Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
h. “Community treatment facility” means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code. i. “Full-service adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following (i) assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child; (ii) Assesses the birth parents, prospective adoptive parents, or child; (iii) Places children for adoption; (iv) Supervises adoptive placements. Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section
96.29) of Part 96 of Title 22 of the Code of Federal Regulations. j. “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following (i) Assesses the prospective adoptive parents; (ii) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants; (iii) Cooperatively supervises adoption placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement. Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. k. “Transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3. 77 Section 9, Item B.
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l. “Transitional housing placement provider” means an organization licensed by the department pursuant to Section 1559.110 to provide transitional housing to foster children who are at least 16 years of age to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
m. “Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law. n. “Runaway and homeless youth shelter” means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35. o. “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. p. “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. q. “Crisis nursery” means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation. r. “Short-term residential therapeutic program” means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562.01 that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children. The care and supervision provided by a shortterm residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children’s crisis residential program. s. “Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to Section 1502.2 to provide youth with 24-hour residential care and supervision, which, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law.
t. “Private alternative outdoor program” means a group home licensed by the department to operate a program pursuant to Section 1502.21 to provide youth with 24-hour residential care and supervision, which provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law. u. “Children’s crisis residential program” means a facility licensed by the department as a short-term residential therapeutic program pursuant to Section 1562.02 and approved by the State Department of Health Care Services, or a county mental health plan to which the State Department of Health Care 78 Section 9, Item B.
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Services has delegated approval authority, to operate a children’s crisis residential mental health program approval pursuant to Section 11462.011 of the Welfare and Institutions Code, to serve children experiencing mental health crises as an alternative to psychiatric hospitalization.
Congregate Living Health Care Facility.
“Congregate Living Health Care Facility” is a facility serving persons who are terminally ill, persons who are catastrophically and severely disabled, persons who are mentally alert but physically disabled, or any combination of these persons (Health and Safety Code 1267.13) Drug Abuse Recovery or Treatment Facilities.
See Alcoholism Recovery or Treatment Facilities.
Employee or farmworker housing.
“Employee or farmworker housing” is housing for a person and his or her family whose primary incomes are earned through permanent or seasonal agricultural labor. Employee housing for six or fewer employees is a permitted use in all residential districts. For any City zoning district that allows agricultural uses, employee or farmworker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household is an agricultural use that does not differ in any other way from any other agricultural use. No conditional use permit, zoning variance or other zoning clearance is required for this type of employee housing that is not required for any other agricultural activity in the same zone. Employee housing in a zone permitting agricultural uses includes agricultural employees who do not work on the property where the employee housing is located.
Employee or farmworker housing is subject only to the same standards that apply to the same or similar agricultural uses in the same zoning district. [Health and Safety Code 17021.5 and 17021.6] Facilities for Mentally Disordered, Handicapped Persons, or Dependent and Neglected Children. “Facilities for Mentally Disordered, Handicapped Persons, or Dependent and Neglected Children” shall be as defined in Welfare and Institutions Code Section 5115-5116 and as may be amended.
Family dwelling.
“Family dwelling” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments. [Health and Safety Code 1569.85(g)]
Farmworker.
Farmworker is defined as a person and his or her family whose primary incomes are earned through permanent or seasonal agricultural labor.
Farmworker housing.
See Employee housing.
Intermediate Care Facility (Developmentally Disabled).
“Intermediate care facility/developmentally disabled” is a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to developmentally disabled clients whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services. (Health and Safety Code Section 1250(d) & (e) and as may be amended) Intermediate Care Facility (Developmentally Disabled-Habilitative). 79 Section 9, Item B.
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“Intermediate care facility/developmentally disabled-habilitative” is a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer developmentally disabled persons who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care. (Health and Safety Code Section 1250(d) & (e) and as may be amended). It includes Intermediate Care Facility/Developmentally Disabled-Nursing.
Intermediate Care Facility/Developmentally Disabled-Nursing. “Intermediate care facility/developmentally disabled-nursing” is a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for developmentally disabled persons who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated.
Residential Care Facilities for the Elderly.
“Residential care facility for the elderly” means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Health and Safety Code Section 1569.316 [Health and Safety Code 1502(a) and as may be amended].
Special Needs Housing.
“Special Needs Housing” includes Intermediate Care Facilities, Residential Care Facilities, Community Care Facilities, Small and Large Family Day Care homes, Alcoholism Recovery or Treatment Facilities and Drug Abuse Recovery Facilities; and Facilities for the Mentally Disordered, Handicapped Persons, or Dependent and Neglected Children.
80 Section 9, Item B.
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Section 3: Chapter 17.09 of the City of Angels Municipal Code is hereby changed to amend definitions as follows:
81 Section 9, Item B.
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82 Section 9, Item B.
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Section 4: The Angels Municipal Code is hereby amended to delete all of Chapter 17.60 and add a new Chapter 17.73 as follows:
Chapter 17.73
ADMINISTRATIVE SITE PLAN REVIEW PERMIT
Sections:
17.73.010 Purpose and intent.
17.73.020 Applicability.
17.73.030 Exceptions.
17.73.040 Application.
17.73.050 Processing.
17.73.060 Required Findings.
17.73.070 Conditions.
17.73.080 Issuance, Denial, Appeal, Resubmittal.
17.73.090 Effective Date, Activation, Expiration and Extensions, Revocation
17.73.010 Purpose and intent.
The Administrative Site Plan Review Permit process is intended to ensure that small development projects are consistent with the City’s adopted design standards, short and long-range plans, and accepted planning and engineering practices and that processing may occur expeditiously. It is further intended to promote, preserve, and enhance the City’s appearance while protecting the public health, safety, and general welfare.
17.73.020 Applicability.
An Administrative Site Plan Review Permit shall be secured prior to construction, expansion, or alteration of the following unless excepted as provided in Section 17.73.030:
Building projects valued at less than $500,000 as determined by the current building standards valuation tables in any Historical Commercial (HC), Community Commercial (CC), Shopping Center Commercial (SC), Visitor-Serving Commercial (VC), Business Attraction and Expansion (BAE), Industrial (IND), R-2 (Medium Density Residential), R-3 (High Density Residential), Recreational (REC) district, or any combination of these zoning districts with other zoning districts or with a combining district(s) provided the project meets all of the following requirements;
A. Meets all development standards for the zoning district in which it is located; and 83 Section 9, Item B.
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B. Is consistent with the City of Angels General Plan; and C. Will not require grading on land with an average slope of 10% or greater; and D. Will not require a new or improved encroachment permit for access onto a state highway; and E. Is categorically or statutorily exempt from further environmental review pursuant to the state guidelines for the implementation of the California Environmental Quality Act.
Projects that do not meet all the preceding criteria shall require acquisition of a Site Development Permit in accordance with Chapter 17.74, regardless of valuation, unless otherwise excepted per Chapter 17.74.
17.73.030 Exceptions.
The following exceptions apply to Administrative Site Plan Review Permits only. Other entitlements or review procedures may be required (e.g., Conditional Use Permit, Site Development Permit, Variance, Finding of Architectural Conformity for projects in the Historical Commercial District per Section 17.26.080).
No Administrative Site Plan Review Permit is required:
A. For construction consisting of exterior repairs. If a previously issued land use entitlement governs the structure’s exterior design; exterior repairs shall conform with applicable conditions.
B. Where construction adds a total of two thousand five hundred square feet or less, or fifty percent of the floor area of the structure(s) before the addition, whichever is less; C. Construction projects adding appurtenances, such as fences or overhangs, to exterior areas used for the operation of a permitted use on the site prior to the addition; D. When a Site Development Permit has been approved in accordance with Chapter 17.74; E. For construction of the first single-family residence, duplex, or triplex on a single parcel of land zoned for such use. The value of the first residence, duplex, triplex or unit shall be included in subsequent valuations used to determine permit requirements;
F. If a Conditional Use Permit or Development Agreement has been issued, provided the development under consideration is similar to that required for the Administrative Site Plan Review Permit; an Administrative Site Plan Review Permit will not additionally be required; however, those standards included in the Administrative Site Plan Review Permit process as set forth in Section 17.73.050(B) shall be included in the review associated with the Conditional Use Permit or Development Agreement; G. For Emergency shelters and homeless shelters in the CC and SC zoning districts constructed subject to the standards established in Section 17.06.180
H. Special Needs Housing for six or fewer persons in R-2 or R-3 zones. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone excepting for state licensing requirements as prescribed by law. 84 Section 9, Item B.
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I. Small and Large family day care homes within a permitted family dwelling in the R-2 and R-3 zones.
These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone.
J. Transitional and supportive housing within a permitted family dwelling in the R-2 and R-3 zones. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone;
K. Employee or farmworker housing for six or fewer employees in the R-2 and R-3 zones.
L. Construction projects involving only interior alterations not exceeding ten percent of the facility or more than five hundred square feet, whichever is less in the Historical Commercial District; M. Construction projects involving only interior alterations not exceeding fifteen percent of the facility or more than one thousand square feet, whichever is less and where no change in landscaping area or parking by more than fifteen percent occurs in the CC, SC, VC, BAE, IND, R-2, R-3 or REC districts.
17.73.040 Application
The owner, or agent authorized by the owner, shall apply for a site development permit on a form prescribed by the City Planner. The application shall be submitted to the Community Development Department accompanied by a fee established by the City Council. Accompanying submittals shall include such plans, elevations, studies, and other information as determined necessary by the City Planner to evaluate the proposal based on the nature and location of the project.
17.73.050 Processing.
A. Notification. At least 10 days prior to issuance of an Administrative Site Plan Review Permit, the City Planner shall notify adjacent landowners describing the nature and location of the proposal and soliciting input. Notification will be via mail or e-mail to landowners generally within a minimum of 300 feet from of the proposed project.
B. Review. The City Planner shall review the application for conformance with adopted codes, standards, plans, and accepted planning and engineering practices including, but not limited to site layout, structure design, landscaping, water and sewer service, other utilities, drainage, erosion control, police protection, fire protection, access, traffic circulation, parking, street improvements, and potential environmental impacts.
C. Issuance. Administrative Site Plan Review Permits may be issued by the City Planner. Before approving or conditionally approving an application, the City Planner shall make the findings in Section 17.73.060 and may impose conditions in accordance with Section 17.73.070. The City Planner may refer the project to the Planning Commission at his or her discretion. If the City is without a City Planner, the Planning Commission site plan reviews pursuant to this section shall be referred to the Planning Commission.
17.73.060 Required Findings.
85 Section 9, Item B.
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Prior to approving an Administrative Site Plan Review, the City Planner shall make the following findings:
1. The proposed use and design is consistent with the City of Angels Municipal Code; and
2. The proposed use and design is consistent with the City of Angels General Plan; and
3. The proposed use and design are consistent with adopted City design standards, codes, adopted City short- and long-range plans, and accepted planning and engineering practices; and
4. Under the circumstances of the particular case, the proposed use and design will not be substantially detrimental to the health, safety, or general welfare of the City.
17.73.070 Conditions.
In approving an Administrative Site Plan Review, the City Planner has authority to impose such conditions as it deems necessary to protect the public health, safety, and general welfare in line with the standards set forth in this title, the General Plan, adopted City design standards, adopted City short- and long-range plans, and accepted planning and engineering practices.
17.73.80 Denial, Appeal, Resubmittal.
A. Denial. The City Planner shall deny an Administrative Site Plan Review Permit if all the findings in Section 17.73.060 cannot be made.
B. Appeal. Appeals of the City Planner’s decision may be made to the Planning Commission in accordance with Section 17.81.020. Appeals of the Planning Commission decision may be made to the City Council in accordance with Section 17.81.010.
C. Resubmittal. If an application is denied by the City Planner and no appeal is made or an appeal is denied by the Planning Commission and/or the City Council, an application for substantially the same project cannot be submitted for one year from the date of final denial.
17.73.090 Effective Date, Activation, Expiration and Extensions, Revocation.
A. Effective Date. An Administrative Site Plan Review Permit issued pursuant to this Chapter shall not be effective until any appeal filed pursuant to Section 17.81.020 (Appeal to Planning Commission), and if necessary, Section 17.81.010 (Appeal to City Council), has concluded, or the time for filing an appeal has expired.
B. Activation. An Administrative Site Plan Review Permit shall be deemed activated by the commencement of the use for which the entitlement was issued or issuance of a permit required to commence construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided. 86 Section 9, Item B.
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C. Expiration and Extensions. Expirations and extensions of Administrative Site Plan Review Permits shall be in accordance with Chapter 17.87 except that the City Planner may act in place of the Planning Commission.
D. Revocation. The project conditions of approval are part of the Administrative Site Plan Review Permit.
If the conditions of approval are not carried out in accordance with the approved Permit and the grantee is given notice by the Community Development Department to bring such use into compliance within thirty days and fails to do so, the City Planner may revoke the permit. The City Planner may immediately revoke the permit if he/she determines such action is necessary to prevent irreparable harm form failure to comply with the terms of the permit. The City Planner may alternatively, or additionally, undertake code enforcement actions pursuant to Chapters 2.60 and 17.96.
Section 5: The Angels Municipal Code is hereby amended to delete all of Chapter 17.60 and add a new Chapter 17.74 as follows:
Chapter 17.74
SITE DEVELOPMENT PERMITS
Sections:
17.74.010 Purpose and intent.
17.74.020 Applicability.
17.74.030 Exceptions.
17.74.040 Application.
17.74.050 Processing.
17.74.060 Required Findings.
17.74.070 Conditions.
17.74.080 Issuance, Denial, Appeal, Resubmittal.
17.74.090 Effective Date, Activation, Expiration and Extensions, Revocation
17.74.010 Purpose and intent.
The Site Development Permit process is intended to ensure that development is consistent with the City’s adopted design standards, short and long-range plans, and accepted planning and engineering practices. It is further intended to promote, preserve, and enhance the City’s appearance while protecting the public health, safety, and general welfare. Site Development Permits may be subject to review pursuant to the California Environmental Quality Act.
17.74.020 Applicability.
A Site Development Permit shall be secured prior to construction or expansion of the following unless excepted as provided in Section 17.74.030:
A. Building projects Building projects valued at $500,000 or more as determined by the current building standards valuation tables in any Historical Commercial (HC), Community Commercial (CC), Shopping 87 Section 9, Item B.
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Center Commercial (SC), Visitor-Serving Commercial (VC), Business Attraction and Expansion (BAE), Industrial (IND), R-2 (Medium Density Residential), R-3 (High Density Residential), Recreational (REC) district. This Section applies also to any combination of these zoning districts with other zoning districts or with a combining district(s);
B. Mobilehome parks, recreational vehicle parks, campgrounds, and airports
17.74.30 Exceptions.
The following exceptions apply to Site Development Permits only. Other entitlements or review procedures may be required (e.g., Conditional Use Permit, Site Plan Review Permit, Variance, Finding of Architectural Conformity for projects in the Historical Commercial District per Section 17.26.080).
No Site Development Permit is required:
A. For construction consisting of exterior repairs. If a previously issued land use entitlement governs the structure’s exterior design; exterior repairs shall conform with applicable conditions.
B. Where construction adds a total of two thousand five hundred square feet or less, or fifty percent of the floor area of the structure(s) before the addition, whichever is less; C. Construction projects adding appurtenances, such as fences or overhangs, to exterior areas used for the operation of a permitted use on the site prior to the addition.
D. When a Site Plan Review Permit has been approved in accordance with Chapter 17.73; E. For construction of the first single-family residence, duplex, or triplex on a single parcel of land zoned for such use. The value of the first residence, duplex, triplex or unit shall be included in subsequent valuations used to determine permit requirements;
F. If a Conditional Use Permit or Development Agreement has been issued, provided the development under consideration is similar to that required for the Site Development Permit; a Site Development Permit will not additionally be required; however, those standards included in the Site Development Permit process as set forth in Section 17.74.050(B) shall be included in the review associated with the Conditional Use Permit or Development Agreement;
G. For Emergency shelters and homeless shelters in the CC and SC zoning districts constructed subject to the standards established in Section 17.06.180
H. Special Needs Housing for six or fewer persons in R-2 or R-3 zones. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone excepting for state licensing requirements as prescribed by law.
I. Small and Large family day care homes within a permitted family dwelling in the R-2 and R-3 zones.
These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone.
88 Section 9, Item B.
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J. Transitional and supportive housing within a permitted family dwelling in the R-2 and R-3 zones. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone;
K. Employee or farmworker housing for six or fewer employees in the R-2 and R-3 zones.
L. Construction projects involving only interior alterations not exceeding ten percent of the facility or more than five hundred square feet, whichever is less in the Historical Commercial District; M. Construction projects involving only interior alterations not exceeding fifteen percent of the facility or more than one thousand square feet, whichever is less and where no change in landscaping area or parking by more than fifteen percent occurs in the CC, SC, VC, BAE, IND, R-2, R-3 or REC districts.
17.74.040 Application
The owner, or agent authorized by the owner, shall apply for a site development permit on a form prescribed by the City Planner. The application shall be and submitted to the Community Development Department accompanied by a fee established by the City Council. Accompanying submittals shall include such plans, elevations, studies, and other information as determined necessary by the City Planner to evaluate the potential environmental impacts of the proposed use based on the nature and location of the proposed project.
17.74.050 Processing.
A. Notification. At least 10 days prior to issuance of a Site Development Permit, the City Planner shall notify adjacent landowners describing the nature and location of the proposal and soliciting input. Notification will be via mail or e-mail to landowners within a minimum of 300 feet from of the proposed project.
B. Review. The City Planner shall review the application for conformance with adopted codes standards, plans, and the accepted planning and engineering practices including, but not limited to site layout, structure design, landscaping, water and sewer service, other utilities, drainage, erosion control, police protection, fire protection, access, traffic circulation, parking, street improvements, and potential environmental impacts. The City Planner shall report his or her findings to the Planning Commission for consideration.
C. Public Hearing. Site Development Permit applications shall be subject to a duly noticed public hearing before the Planning Commission prior to consideration of approval, conditional approval or denial by the Commission.
D. Planning Commission. The Planning Commission is charged with determining whether the design, layout, and other features of the proposed development are in keeping with the intent and purposes set forth in Section 17.74.010 and the findings in Section 17.74.060. In making the required findings, the Planning Commission may impose conditions as provided in Section 17.74.070. The Planning Commission will act on the Site Development Permit in accordance with the Planning Commission procedures set forth in Chapter 17.85 at the Commission’s next regularly scheduled public meeting following receipt of the City Planner’s report, unless a special meeting is called.
89 Section 9, Item B.
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17.74.060 Required Findings.
Prior to approving a Site Development Permit, the Planning Commission shall make the following findings:
1. The proposed use and design is consistent with the City of Angels Municipal Code; and
2. The proposed use and design is consistent with the City of Angels General Plan; and
3. The proposed use and design are consistent with adopted City design standards, adopted City shortand long-range plans, and accepted planning and engineering practices; and
4. Under the circumstances of the particular case, the proposed use and design will not be substantially detrimental to the health, safety, or general welfare of the City.
17.74.070 Conditions.
In approving a Site Development Permit, the Planning Commission has authority to impose such conditions as it deems necessary to protect the public health, safety, and general welfare in line with the standards set forth in this title, the General Plan, adopted City design standards, adopted City short- and long-range plans, and accepted planning and engineering practices.
17.74.80 Denial, Appeal, Resubmittal.
A. Denial. The Planning Commission shall deny a Site Development Permit if it cannot make all the findings in Section 17.74.060
B. Appeal. Appeals of Planning Commission decisions may be made to the City Council in accordance with Section 17.81.010.
C. Resubmittal. If an application is denied by the Planning Commission and no appeal is made or an appeal is denied by the City Council, an application for substantially the same project cannot be submitted for one year from the date of denial.
17.74.090 Effective Date, Activation, Expiration and Extensions, Revocation.
A. Effective Date. A Site Development Permit issued pursuant to this Chapter shall not be effective until any appeal filed pursuant to Section 17.81.010 has concluded, or the time for filing an appeal has expired.
B. Activation. A Site Development Permit shall be deemed activated by the commencement of the use for which the entitlement was issued or issuance of a permit required to commence construction (e.g., building permit, grading permit, encroachment permit). Once activated, the entitlement shall not expire except as otherwise provided.
90 Section 9, Item B.
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C. Expiration and Extensions. Expirations and extensions of Site Development Permits shall be in accordance with Chapter 17.87.
D. Revocation. The project conditions of approval are part of the Site Development Permit. If the conditions of approval are not carried out in accordance with the approved Site Development Permit and the grantee is given notice by the Community Development Department to bring such use into compliance within thirty days and fails to do so, the City Planner may revoke the permit. The City Planner may immediately revoke the permit if he/she determines such action is necessary to prevent irreparable harm form failure to comply with the terms of the permit. The City Planner may alternatively, or additionally, undertake code enforcement actions pursuant to Chapters 2.60 and
17.96. 91
Section 9, Item B.
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Section 6: The Angels Municipal Code Chapter 17.75 is hereby amended as follows:
92 Section 9, Item B.
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94 Section 9, Item B.
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95 Section 9, Item B.
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Section 7: The Angels Municipal Code Chapter 17.78 is hereby amended as follows:
96 Section 9, Item B.
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99 Section 9, Item B.
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100
Section 9, Item B.
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Section 8: The Angels Municipal Code Chapter 17.81 is hereby amended as follows:
101
Section 9, Item B.
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102
Section 9, Item B.
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103
Section 9, Item B.
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Section 9: The Angels Municipal Code Chapter 17.90 is hereby amended as follows:
104
Section 9, Item B.
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105
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Entitlement Processing Amendments Second Reading - 34
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Entitlement Processing Amendments Second Reading - 35
Section 10: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.
The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on July 20, 2021, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on August 3, 2021, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________________
Alvin Broglio, Mayor
ATTEST:
Rose Beristianos
City Clerk
107
Section 9, Item B.
Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 1 DATE: September 21, 2021
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: ORDINANCE 511
AMENDING THE CITY OF ANGELS MUNICIPAL CODE CHAPTERS:
17.18 (SINGLE-FAMILY RESIDENTIAL R-1),
17.19 (SINGLE-FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING DISTRICT R-1:PD),
17.21 (TWO-FAMILY RESIDENTIAL R-2),
17.24 (MULTIPLE FAMILY RESIDENTIAL R-3),
17.09 (DEFINITIONS) TO DEFINE TERMS USED IN THE PRECEDING CHAPTERS;
17.34 (PERMITTED AND CONDITIONAL USES) TO REFLECT CHANGES IN THE PRECEDING; DELETING CHAPTERS:
17.22 (TWO-FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING R-2:PD) AND
17.25 (MULTIPLE FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING R-3:PD) FOR CONSISTENCY WITH GENERAL PLAN 2020 AND TO IMPLEMENT THE GENERAL PLAN LAND USE
AND HOUSING ELEMENTS
RECOMMENDATIONS
1. Introduce Ordinance 511, waive the second reading, hold a public hearing and direct the City Clerk to publish the adopted ordinance:
AMENDING THE CITY OF ANGELS MUNICIPAL CODE CHAPTERS:
17.18 (SINGLE-FAMILY RESIDENTIAL R-1),
17.19 (SINGLE-FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING DISTRICT R-1:PD),
17.21 (TWO-FAMILY RESIDENTIAL R-2),
17.24 (MULTIPLE FAMILY RESIDENTIAL R-3),
17.09 (DEFINITIONS) TO DEFINE TERMS USED IN THE PRECEDING CHAPTERS;
17.34 (PERMITTED AND CONDITIONAL USES) TO REFLECT CHANGES IN THE PRECEDING; DELETING CHAPTERS:
17.22 (TWO-FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING R-2:PD) AND
17.25 (MULTIPLE FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING R-3:PD) FOR CONSISTENCY WITH GENERAL PLAN 2020 AND IMPLEMENTING THE GENERAL PLAN LAND USE AND
HOUSING ELEMENTS
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 2
2. Direct Staff to prepare an animal keeping ordinance for the City.
OPTIONS:
The City Council may do one or none of the following:
A. Approve the Ordinance for all proposed zoning districts (with or without amendments); or B. Approve the Ordinance for only some of the proposed zoning districts (with or without amendments); or C. Return some or all proposed code amendments to staff for revisions; or D. Return some or all proposed code amendments to staff and the Planning Commission for additional revisions.
BACKGROUND:
Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment or zone change may be initiated by a resolution of intention of the planning commission. In conjunction with the citywide comprehensive code update for compliance with General Plan 2020, the Planning Commission passed Resolution of Intent 21-15 at a public hearing on August 12, 2021, recommending that the City Council adopt Ordinance 511. On September 7, 2021, the City Council waived the first reading, held a public hearing and scheduled the second public hearing for September 21, 2021.
A portion of the Commission’s discussion centered on Limited Small and Limited Large Animal Keeping—especially in the R-1 (Single Family Residential) zoning district. Currently, the R-1 zoning district does not permit keeping chickens or goats. The proposed code amendment for the R-1 zoning district included in Ordinance 511 would permit those uses subject to a conditional use permit and within established limits based on lot size. The Planning Commission determined that some small animal keeping, especially chicken keeping, should be a permitted use (rather than a conditional use) in the R-1 district subject to lot size. However, the Commission further concluded that keeping small animals as a permitted use should include adopting guidelines ensuring that animal keeping did not result in noise, smell and related to the general welfare of the neighborhood. Therefore, the Commission directed staff to proceed with drafting an animal-keeping ordinance establishing enforceable standards for animal keeping on small residential lots that will minimize and eliminate potential neighborhood conflicts. Staff prepared a similar ordinance for the City of Sonora in consultation with agricultural stakeholders that has been in effect since 2012.
Based on the preceding, Staff recommends passing Ordinance 511 with proposed requirements to secure a conditional use permit for animal-keeping on small residential lots. A code revision allowing limited animal keeping as a permitted use can be made after the City considers and evaluates standards for animal keeping on small residential lots in a separate ordinance.
ANALYSIS
General Plan 2020 amended the required lot coverage, allowable density, purposes and intent and related items for the Single Family Residential (SFR), Medium Density Residential (MDR) and High Density Residential (HDR) land uses.
Per General Plan Table 1-5, the SFR, MDR, and HDR Land Use designations are intended to be compatible with the following zoning districts:
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 3 Table 1-5
General Plan Land Use Designations &
Compatible Title 17 Zoning Classifications
City Limits and Sphere of Influence
General Plan Designation Compatible Zoning
SFR: Single-family residential R-1: Single-family residential R-1/GHC: Single-family residential Greenhorn Creek
RE-1/b/
RE-5/b/
P: Public
OS: Open Space
MDR: Medium density residential R-2: Medium-density residential RC: Residential Cottage /a/
P: Public
OS: Open Space
HDR: High density residential R-3: High-density residential RC: Residential Cottage /a/
P: Public
OS: Open Space
/b/ Pending future general plan amendments
The corresponding zoning districts R-1, R-2, and R-3 have not been updated for consistency with General Plan 2020 changes, although the affected parcels already have been rezoned.
In addition, upon review of the proposed requirements for the Residential Cottage zoning district (RC) proposed by General Plan 2020, staff is recommending that instead of creating a new RC zoning district, residential cottages be handled as a conditional use in the designated zoning districts as indicated in the attached code amendments.
The proposed changes also are intended to implement the General Plan Housing Element. Specifically, the changes identified will fully or partially implement all the following General Plan 2020 programs:
2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan.
2.A.f Encourage Co-Housing/Cooperative Housing/and Tiny Houses Amend the municipal code to define Co-Housing/Cooperative Housing and Tiny Houses and incorporate their use into the code to encourage these housing types in residential and special planning zoning districts as a permitted use or with a site plan review. Examples of successful Co-Housing and Tiny House developments may be found in General Plan Appendix 2D.
Promote the availability of co-housing opportunities/Cooperative Housing and Tiny Houses (e.g., through handouts, mailers, or on the City’s website).
2.B.d Revise the City’s Accessory Dwelling Unit Ordinance Update the City’s Accessory Dwelling Unit (ADU) Ordinance, Chapter 17.61 for compliance with revised state regulations addressed in Government Code Sections 65852.2 including, but not limited to, conversion of identified structures, proportional fees for water service, reduced parking and alternative 110
Section 9, Item B.
Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 4 parking configurations. Considering the addition of “junior accessory dwelling units” in accordance with Government Code Section 65852.22. Consider establishing an ADU application with a short questionnaire to provide supporting documentation that the ADU satisfied the City’s Regional Housing Need Assessment goals.
2.B.j Update the City’s Mobilehome/Manufactured Housing Provisions Amend the City of Angels Municipal Code to comply with the provisions of California Government Code Section 65852.3 (as may be amended) to allow manufactured homes on single-family residential lots.
Include provisions that prohibit the installation of mobilehomes constructed prior to June 15, 1976 within the City limits and to require all mobilehomes constructed after June 15, 1976 to be on a permanent foundation unless located within a mobilehome park.
2.D.a Continue to Support the Establishment of Senior Housing Continue to support the provision of congregate care, convalescent, and long-term care facilities and small facilities providing senior housing within the City limits through implementation of the following:
• Add “Tri-Level Living Communities” as a new land use to Chapter 17.09 of the Municipal Code (or equivalent section of the amended Angels Camp Municipal Code) The definition of this land use should encompass communities that provide assisted living, unassisted living and nursing home opportunities within the same community to allow seniors to remain with their spouses and allow seniors to remain local and avoid major changes in living conditions and locations throughout their lives
• Amend the Municipal Code to extend the same incentives to Tri-Level Living Communities as are available to affordable housing developments (e.g., density bonuses, alternative land development standards) as described in Program 2.A.b
• Amend the Municipal Code to include Tri-Level Communities/Housing as a conditional use in the R-2, R-3, and RA zoning districts (or equivalent sections of the amended Angels Camp Municipal Code)
2.D.c Facilitate the Establishment of Housing for Special Needs Populations for Facilities Accommodating Six or Fewer Residents
The City will facilitate the establishment of Special Needs housing for facilities accommodating six or fewer residences in accordance with state law as follows:
Amend the Municipal Code to reference provisions in state law applicable to special needs housing for six or fewer residents (excluding the licensee or members of the licensee's family or persons employed as facility staff) as established for the following (as these uses are defined by the referenced code sections):
• Intermediate Care Facilities, Developmentally Disabled Habilitatives, Intermediate Day care Facility/Developmentally Disabled-Nursing or Congregate Living Health Care facilities [Health and Safety Code Section 1267.8]
• Residential Care Facilities for the elderly and Residential Care Facilities [Health & Safety Code Sections 15682, 1566, 1568.08]
• Community Care Facilities [Health & Safety Code 1566.3 et seq. and as defined in Health and Safety Code Section 1502, et seq.]
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 5 • Alcoholism Recovery or Treatment Facilities, Drug Abuse Recovery or Treatment Facilities [Health & Safety Code 11834.02 – 11834.30]
• Facilities for those with Mental Disorders, Handicapped Persons or Dependent and Neglected Children providing care on a 24-hour-a-day basis [Welfare and Institutions Code Sections 5115-5116] Clarify that these uses are considered supportive or transitional housing as defined and regulated pursuant to the municipal code.
The goal of this program is to eliminate the necessity for public hearings within the specified zoning districts for proposals for small (six or fewer residents) group homes and to identify locations for large (7 or more residents) group homes.
2.D.d Facilitate Employee Housing/Farmworker Housing
Continue to comply with the Employee Housing Act. For consistency with state law, amend the Municipal Code to recognize Employee Housing, including Farmworker Housing, for six or fewer employees as a permitted use in all residential districts. In addition, amend the municipal code to recognize that any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household is an agricultural land use that does not differ in any other way from any other agricultural use. Clarify that no conditional use permit, zoning variance, or other zoning clearance is required of this employee housing that is not required of any other agricultural activity in the same zone. Further clarify that the permitted occupancy in employee housing in an agricultural zone includes agricultural employees who do not work on the property where the employee housing is located. For the purposes of the amendment, an agricultural zone shall include all City zoning districts (existing or planned) that allow agricultural uses.
Remove references to “servant’s quarters” and other conflicting terms currently in the code. Clarify that this use is subject only to the same standards that apply within the respective Residential zones and any applicable combining district for other similar uses [Health & Safety Code 17021.5 and 17021.6].
2.D.o Supportive Housing
Amend the municipal code to incorporate the supportive housing by right provisions of AB 2162 (Government Code Section 65583.2(i)
2.D.q Amend the Municipal Code – Transitional and Supportive Housing Amend the Municipal Code to clarify that Transitional and supportive housing are considered residential uses in all zones allowing residential subject only to those restrictions that apply to other residential uses of the same type in this same zone (e.g., R-1, R-2, R-3, CC, SC, I1, and I2).
Add all the following definitions to the Municipal Code:
Adult Alcoholism or Drug Abuse Recovery or Treatment Facility (Previous code revision) Community Care Facility (previous code revision)
Developmental Disability
Domestic Violence Shelter
Extremely Low-Income Household
Homeless Shelter
Residential Care Facility (Previous code revision)
Small Family Day Care
Special Housing Needs (added as Special Needs Housing – Previous code revision) 112
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 6 In addition to these changes, amendments include:
• Neighborhood services. Introducing the concept of Neighborhood Services as a conditional use in residential districts. The designation serves as a “Neighborhood Commercial” type designation that covers multiple uses formerly listed separately in Chapter 17.34 while adding flexibility to the types of support services that might contribute to reducing vehicle miles traveled, greenhouse gas emissions and improving neighborhood walkability. “Neighborhood services” are small scale (less than 10,000 square feet) convenience shopping, professional offices, community centers, community gardens, recreational uses, storage facilities, and similar amenities intended to serve nearby residential areas. Neighborhood services exclude shopping centers or major commercial developments of a community or regional nature. • New housing types: Most of these new housing types included in the proposed code revisions are identified in the City’s General Plan Housing Element; however, recent concepts added include missing middle housing and intergenerational housing. Other new housing types already identified in the housing element include cottage housing, tiny homes, co-housing, and life-plan communities. • Limited small and large animal keeping: Animal keeping was introduced in the RE-1 and RE-5 zoning districts previously approved. However, the City occasionally receives requests by 4-H (or other student) families to raise one or two animals on single-family residential parcels of varying size. Similarly, chicken keeping has been popularized on small lots over recent years. The proposed limited small and large animal keeping uses included here are intended to address those requests while responding to similar complaints related to small properties with “farm-type” animals in concentrations that can create nuisances related to noise, smell, and related conflicts. As noted previously, staff is recommending that a separate ordinance be adopted establishing standards for these uses and allowing some limited animal keeping as a permitted use.
ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:
Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed zoning district amendments are specifically required pursuant to the General Plan Land Use Element and General Plan Housing Element as summarized in the preceding section. The proposed code amendments will implement the General Plan Land Use Element and Housing Element programs identified. Based on the preceding, the proposed amendment conforms with the General Plan and the City of Angels Municipal Code.
Finding B: The proposed changes are not detrimental to the health, safety, peace, morals and general welfare of the city and its people.
The amendments expand the potential housing choices available in the City in compliance with the General Plan Housing Element and bring the site development and density standards into compliance with General Plan 2020.
Uses identified as requiring a conditional use permit and/or Site Plan Review will require additional review for consistency related to this finding at the time a specific proposal is received and evaluated. In this manner, the proposed code additions and amendments are specifically designed and intended to protect the health, safety, peace, morals and general welfare of the City and its people.
ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendment is exempt from further review, because the proposed amendment implements a 113
Section 9, Item B.
Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 7 program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.
ATTACHMENTS:
A. Planning Commission Resolution of Intent
B. Ordinance 511 with:
Draft Chapter 17.18 Single-Family Residential
Draft Chapter 17.19 Single-Family Residential: Greenhorn Creek Combining District Draft Chapter 17.21 Medium Density Residential
Draft Chapter 17.24 Multi-Family Residential
Draft Chapter 17.09 Definitions (Part II)
114
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 8 Attachment A
City of Angels Planning Commission Resolution of Intent 115
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 9
CITY OF ANGELS
PLANNING COMMISSION
RESOLUTION NO. 21-15
A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION TO
Amend the City of Angels Municipal Code
Chapters 17.18 (Single-Family Residential R-1), 17.19 (Single-Family Residential: Planned Development Combining District R-1:PD), 17.21 (Two-Family Residential R-2), 17.24 (Multiple Family Residential R-3), for consistency with General Plan 2020 and to implement the General Plan Housing Element; Amend Chapter 17.09 (Definitions) to define terms in those chapters; Amend Chapter 17.34 to reflect these changes; and
Delete Chapters 17.22 (Two-Family Residential: Planned Development Combining R-2:PD) and 17.25 (Multiple Family Residential: Planned Development Combining R-3:PD) as unnecessary.
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, the public and necessary for General Plan implementation, consistency with the general plan and implementation of the City of Angels General Plan Housing Element to amend Chapters 17.18 (R-1), 17.19 (R-1: Greenhorn Creek), 17.21 (R-2), 17.24 (R-3), 17.09 (Definitions) and 17.34 (Permitted and Conditional Uses) and delete Chapters 17.22 (R-2:PD) and 17.25 (R-3:PD) in accordance with Attachments A, B, C, D, and E; and
WHEREAS, a notice of public hearing for the proposed action was published June 24, 2021, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 8, 2021, and continued the public hearing on this matter to August 12, 2021; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 12, 2021, and received public input on the proposed amendments to Title 17 of the Municipal Code; and WHEREAS, the proposed changes to Title 17 of the Municipal Code are in conformance with the City's general plan; and WHEREAS, the proposed changes to Title 17 of the Municipal Code will not be detrimental to the health, safety, peace, morals and general welfare of the City and its people; and WHEREAS, the proposed changes to Title 17 of the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendment implements a program identified within the scope of the certified 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council:
A. Amending the City of Angels Municipal Code Chapters:
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 10
1. 17.18 (Single-Family Residential R-1),
2. 17.19 (Single-Family Residential: Planned Development Combining District R-1:PD),
3. 17.21 (Two-Family Residential R-2),
4. 17.24 (Multiple Family Residential R-3),
5. 17.09 (Definitions) to define terms in the preceding chapters;
6. Chapter 17.34 to reflect the preceding changes; and
B. Delete Chapters 17.22 (Two-Family Residential: Planned Development Combining R-2:PD) and
17.25 (Multiple Family Residential: Planned Development Combining R-3:PD) as unnecessary. in accordance with the City Standards and State Law 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 August 12, 2021, by Commissioner ________________ and being duly seconded by Commissioner _______________.
PASSED AND ADOPTED THIS 12
th day of August, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
_____________________________
John Broeder, Chairman
Jennifer Preston,
Deputy City Clerk - City of Angels
117
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 11 Attachment B
Ordinance 511
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 12
CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 511
AN ORDINANCE AMENDING THE CITY OF ANGELS MUNICIPAL CODE CHAPTERS:
17.18 (SINGLE-FAMILY RESIDENTIAL R-1),
17.19 (SINGLE-FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING DISTRICT R-1:PD),
17.21 (TWO-FAMILY RESIDENTIAL R-2),
17.24 (MULTIPLE FAMILY RESIDENTIAL R-3),
17.09 (DEFINITIONS) TO DEFINE TERMS USED IN THE PRECEDING CHAPTERS;
17.34 (PERMITTED AND CONDITIONAL USES) TO REFLECT CHANGES IN THE PRECEDING; DELETING CHAPTERS:
17.22 (TWO-FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING R-2:PD) AND
17.25 (MULTIPLE FAMILY RESIDENTIAL: PLANNED DEVELOPMENT COMBINING R-3:PD) FOR CONSISTENCY WITH GENERAL PLAN 2020 AND TO IMPLEMENT THE GENERAL PLAN LAND USE
AND HOUSING ELEMENTS
WHEREAS, a notice of public hearing for the proposed Planning Commission action was published June 24, 2021, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 8, 2021, and August 12, 2021, and received public input on the proposed amendments to Title 17 of the Municipal Code and adopted Resolution of Intent 21-15 recommending the proposed action to the City Council; and WHEREAS, a notice of public hearing for the proposed City Council action was published August 19, 2021, in the Calaveras Enterprise; and
WHEREAS, the City Council held a duly noticed public hearing on September 7, 2021, and received public input on the proposed amendments to Title 17 of the Municipal Code and held a second public hearing on September 21, 2021; and
WHEREAS, the proposed changes to Title 17 of the Municipal Code are in conformance with the City's general plan; and WHEREAS, the proposed changes to Title 17 of the Municipal Code will not be detrimental to the health, safety, peace, morals and general welfare of the City and its people; and WHEREAS, the proposed changes to Title 17 of the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendment implements a program identified within the scope of the certified 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Amend AMC Chapter 17.18 Single Family Residential, R-1 is hereby added in accordance with Attachment A.
Section 2: Amend AMC Chapter 17.19 Single Family Residential, R-1: Planned Development Combining District (now Single Family Residential: Greenhorn Creek Combining District) in accordance with Attachment B 119
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 13 Section 3: Amend AMC Chapter 17.21 Two Family Residential, R-2 (now Medium Density Residential, R-2) in accordance with Attachment C.
Section 4: Amend Chapter 17.24 Multiple Family Residential, R-3 (now Multi-Family Residential, R-3) in accordance with Attachment D.
Section 5: Amend Chapter 17.09 (Definitions) to define terms added/used in the preceding amendments in accordance with Attachment E.
Section 6: Amend Chapter 17.34 Permitted and Conditional uses to reflect the preceding changes.
Section 7: Delete Chapter 17.22, Two-Family Residential: Planned Development Combining District Section 8: Delete Chapter 17.25, Multiple Family Residential: Planned Development Combining District Section 9: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.
The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on September 7, 2021, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on September 21, 2021, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________________
Alvin Broglio, Mayor
ATTEST:
Rose Beristianos
City Clerk
120
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 14 Attachment A
17.18 R-1
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 21 Attachment B
17.19 R-1: Greenhorn Creek Combining District
128
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 28 Attachment C
17.21 R-2
135
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17.24 R-3
142
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 42 Attachment E
17.09 Definitions
149
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 45 Co-Housing.
“Co-Housing” is a community of private homes clustered around shared space(s). Housing may be attached or single-family. Each dwelling has traditional amenities, including a private kitchen. Shared spaces typically feature a common house/community building, which may include a large kitchen and dining area, laundry, and recreational spaces. Shared outdoor space may include parking, walkways, open space, and gardens. Residents generally share resources (e.g., tools, lawnmowers).
The legal structure is typically a homeowners’ association or housing cooperative. Community activities may include regularly-scheduled shared meals, meetings, and common area maintenance workdays. Co-housing is intended to facilitate organizing child and elder care, transportation, and related activities with associated social, practical, economic, and environmental benefits.
Continuing Care Retirement Communities (CCRCs).
“Continuing Care Retirement communities” shall mean the same as “Life Plan Communities.” Cooperative Housing.
See “Co-Housing”.
Cottage housing.
“Cottage housing” is generally defined as a grouping of small, single family dwelling units clustered around a common area and developed with a coherent plan for the entire site.
Cottage courts.
See “Cottage housing”.
Developmental disability.
“Developmental disability” means a disability that originates before an individual attains 18 years of age; continues, or can be expected to continue, indefinitely; and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability but shall not include other handicapping conditions that are solely physical in nature.
Domestic violence shelter
A “domestic violence shelter” is as defined in Welfare and Institutions Code Section 18291(c) and Health and Safety Code Section 124250. It is a shelter for domestic violence victims providing emergency housing in a Confidential and safe location on a 14-hour basis for battered women and their children. This use is considered the same as transitional or supportive housing pursuant to the Angels Municipal Code.
Efficiency kitchen.
“Efficiency kitchen” means a removable kitchen that contains a sink; appliances that do not require electrical service greater than 120 volts, or natural or propane gas; a limited food preparation counter; and storage cabinets. The entire kitchen shall not exceed six lineal feet, except that if existing counter space is being converted to efficiency kitchen use, then the counter space shall not exceed eight lineal feet. [Examples of prohibited cooking appliances are ranges, stoves, cook tops, and built-in ovens. Examples of cooking appliances that may be used are microwave ovens, 152
Section 9, Item B.
Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 46 hot plates, and similar appliances intended for use on top of a countertop. Refrigerator size is not limited.] See CA Health & Safety Code 17958.1.
Extremely low-income household.
“Extremely low-income households” (ELIs) are households with an income less than 30 percent of area median income.
Factory-built housing.
“Factory-built housing” is as defined in Health and Safety Code Section 19971. “Factory-built housing” means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the commission pursuant to H&S Section 19990. Factory-built housing does not include a mobilehome, as defined in H&S Section 18008, a recreational vehicle, as defined in H&S Section 18010.5, or a commercial modular, as defined in H&S Section 18012.5.
Homeless Shelter
Homeless shelter is as defined in Health and Safety Code Section 11380.7(d)(3). It includes, but is not limited to, Emergency Shelters. It is considered an Emergency Shelter for the purposes of the City of Angels Municipal Code.
Intergenerational Housing.
“Intergenerational Housing” A type of elderly supportive housing consisting of units for senior citizens, caregivers, and transition age youths.
Junior Accessory Dwelling Unit.
“Junior accessory dwelling unit (JADU)” is as defined in Government Code Section 65852.22. It is a living space not exceeding five hundred (500) square feet in size contained entirely within a legally established bedroom within the walls of an existing, fully permitted single-family dwelling. A JADU includes an efficiency kitchen including a sink, and may include separate sanitation facilities or share sanitation facilities with the existing structure. No additional parking requirements or fees for water or sewer connections may be required. JADUs cannot be sold separately from the primary dwelling. Only one JADU per lot is permitted. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. JADUs are not allowed in accessory structures.
Large animal-keeping.
“Large animal keeping” shall mean raising or keeping large hoofed-animals customarily raised or kept on farms including, but not limited to horses, cows, bulls, calves, oxen, pigs, hogs, and swine.
Life plan communities.
“Life plan communities” generally are age-restricted properties that include a combination of independent living and assisted living, sometimes also with skilled nursing services available to residents all in one community. Similar communities are also known as: Continuing Care Retirement Communities (CCRCs), Tri-level communities, Aging in Place Communities.
Ministerial Action.
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Section 9, Item B.
Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 47 A “ministerial action” is a governmental decision involving little or no personal judgment by the decision maker as to the wisdom or manner of carrying out a project. The decision maker merely applies the law to the facts as presented but uses no special discretion or judgement in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the decision maker cannot use personal, subjective judgement in deciding whether or how a project should be carried out.
Missing Middle Housing.
“Missing middle housing” means multiple units contained in a house-scale building on a single parcel. Compatible in scale and form with detached single-family homes, but containing duplexes, fourplexes, townhomes, cottage housing, multiplexes, or similar. House-scale buildings shall blend with existing residential neighborhoods. Housing shall, to the maximum extent feasible, support walkability. Called “missing” because such residences were popular pre 1950s, but have been missing from the nation’s housing inventory for many decades.
Neighborhood services.
“Neighborhood services” are small scale (less than 10,000 square feet) convenience shopping, professional offices, community centers, community gardens, recreational uses, storage facilities, and similar amenities intended to serve nearby residential areas. Neighborhood services exclude shopping centers or major commercial developments of a community or regional nature.
Limited large-animal keeping.
“Limited large-animal keeping” shall mean that the keeping of certain large animals that may be permitted subject to the following density standards:
One large hoofed-animal unit = one domesticated hoofed animal Minimum parcel size (gross) Maximum allowable large
animal units
Up to 0.49 acre 0
0.5 to 0.74 acre 0
0.75 to 0.99 acre 0
1.0 acre and above 1 large hoofed-animal unit
per 1 acre
Limited small-animal keeping.
“Limited small-animal keeping” shall mean that the keeping of the following small-to-moderate sized animals that may be permitted subject to the following density standards:
One small non-hoofed animal unit = twelve poultry, twelve rabbits, or any combination of poultry and rabbits totaling twelve individual animals.
One small hoofed-animal unit = two sheep or two goats
Minimum parcel size (gross) Maximum allowable livestock units Up to 0.49 acre ¼ small non-hoofed animal unit (e.g., 3 chickens, or 2 chickens and one rabbit, or 2
rabbits and one chicken, or 3 rabbits)
0.5 to 0.74 acre ½ small non-hoofed animal unit
0.75 to 0.99 acre ¾ small non-hoofed animal unit OR
One small-hoofed animal unit
1.0 acre and above 1 small-hoofed animal unit per 1 acre PLUS 1 small non-hoofed animal unit per 1 acre
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Ordinance 511: Code Revisions: R-1, R-2, R-3, Definitions - 48 Up to a maximum of 24 small non-hoofed
animals on any single parcel
Single-family dwelling.
See “Dwelling, single-family.”
Small-animal keeping.
“Small animal keeping” shall mean raising or keeping small non-hoofed-animals customarily raised or kept on farms including, but not limited to poultry, rabbits. It also includes small or moderate-sized hoofed animals including, but not limited to sheep, goats.
Tiny House.
A “tiny house” is a dwelling unit with a maximum of 400 square feet of floor area hooked up to water, sewer, and utilities and on a permanent foundation. Tiny houses on trailers or wheels less than 40 feet long are considered recreational vehicles.
Tri-level communities.
“Tri-level communities” shall mean the same as “Life Plan Communities.” 155
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Definitions 17.09 (Part II) – Page - 1
Chapter 17.09
DEFINITIONS
(Part II)
Amend the following definitions:
Mobilehome.
A “mobilehome” is as defined in Health and Safety Code Section 18008. A “Mobilehome,” means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Mobilehome” includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobilehomes in effect at the time of construction. “Mobilehome” does not include a commercial modular, as defined in H&S Section 18001.8, factory-built housing, as defined in H&S Section 19971, a manufactured home, as defined in H&S Section 18007, a multifamily manufactured home, as defined in H&S Section 18008.7, or a recreational vehicle, as defined in H&S Section 18010.
Mobilehome park.
”Mobilehome park” is as defined in Health and Safety Code Section 18214. It is any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes, mobilehomes, or (before 1982) for recreational vehicles used for human habitation. The rental paid for a manufactured home, a mobilehome, or a recreational vehicle shall be deemed to include rental for the lot it occupies. This subdivision shall not be construed to authorize the rental of a mobilehome park space for the accommodation of a recreational vehicle in violation of Section 798.22 of the Civil Code. Civil Code 798.22 states that in any new mobilehome park developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined by Section 799.29 unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart from the area designated for mobilehomes. Recreational vehicles may be located only in the specifically designated area.
Manufactured housing, manufactured home.
“Manufactured home” or “manufactured housing” is as defined in Health and Safety Code Section 18007. A “Manufactured home” is a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or 156
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Definitions 17.09 (Part II) – Page - 2
without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
Dwelling, single-family.
"Single-family dwelling" shall mean a structure designed for occupancy of one family. Single family dwelling includes mobilehome and manufactured home. (Ord. 439 (part), 2010: Ord. 270 (part), 1984. Formerly 17.09.150)
Small family day care.
"Small family day care" shall mean the accessory daytime care of more than six and up to eight children within a single-family dwelling properly licensed by the state to regularly provide such care in accordance with Health and Safety code Section 1597.44. (Ord. 439 (part), 2010) Add the following definitions:
Aging in place communities.
“Aging in place communities” shall mean the same as “Life Plan Communities.” Animal keeping.
See small animal keeping, large animal keeping, limited small animal keeping, limited large animal keeping.
Co-Housing.
“Co-Housing” is a community of private homes clustered around shared space(s). Housing may be attached or single-family. Each dwelling has traditional amenities, including a private kitchen. Shared spaces typically feature a common house/community building, which may include a large kitchen and dining area, laundry, and recreational spaces. Shared outdoor space may include parking, walkways, open space, and gardens. Residents generally share resources (e.g., tools, lawnmowers).
The legal structure is typically a homeowners’ association or housing cooperative. Community activities may include regularly-scheduled shared meals, meetings, and common area maintenance workdays. Co-housing is intended to facilitate organizing child and elder care, transportation, and related activities with associated social, practical, economic, and environmental benefits.
Continuing Care Retirement Communities (CCRCs).
“Continuing Care Retirement communities” shall mean the same as “Life Plan Communities.” Cooperative Housing.
See “Co-Housing”.
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Definitions 17.09 (Part II) – Page - 3
Cottage housing.
“Cottage housing” is generally defined as a grouping of small, single family dwelling units clustered around a common area and developed with a coherent plan for the entire site.
Cottage courts.
See “Cottage housing”.
Developmental disability.
“Developmental disability” means a disability that originates before an individual attains 18 years of age; continues, or can be expected to continue, indefinitely; and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability but shall not include other handicapping conditions that are solely physical in nature.
Domestic violence shelter
A “domestic violence shelter” is as defined in Welfare and Institutions Code Section 18291(c) and Health and Safety Code Section 124250. It is a shelter for domestic violence victims providing emergency housing in a Confidential and safe location on a 14-hour basis for battered women and their children. This use is considered the same as transitional or supportive housing pursuant to the Angels Municipal Code.
Efficiency kitchen.
“Efficiency kitchen” means a removable kitchen that contains a sink; appliances that do not require electrical service greater than 120 volts, or natural or propane gas; a limited food preparation counter; and storage cabinets. The entire kitchen shall not exceed six lineal feet, except that if existing counter space is being converted to efficiency kitchen use, then the counter space shall not exceed eight lineal feet. [Examples of prohibited cooking appliances are ranges, stoves, cook tops, and built-in ovens. Examples of cooking appliances that may be used are microwave ovens, hot plates, and similar appliances intended for use on top of a countertop. Refrigerator size is not limited.] See CA Health & Safety Code 17958.1.
Extremely low-income household.
“Extremely low-income households” (ELIs) are households with an income less than 30 percent of area median income.
Factory-built housing.
“Factory-built housing” is as defined in Health and Safety Code Section 19971. “Factory-built housing” means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is 158
Section 9, Item B.
Definitions 17.09 (Part II) – Page - 4
either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the commission pursuant to H&S Section 19990. Factory-built housing does not include a mobilehome, as defined in H&S Section 18008, a recreational vehicle, as defined in H&S Section 18010.5, or a commercial modular, as defined in H&S Section 18012.5.
Homeless Shelter
Homeless shelter is as defined in Health and Safety Code Section 11380.7(d)(3). It includes, but is not limited to, Emergency Shelters. It is considered an Emergency Shelter for the purposes of the City of Angels Municipal Code.
Intergenerational Housing.
“Intergenerational Housing” A type of elderly supportive housing consisting of units for senior citizens, caregivers, and transition age youths.
Junior Accessory Dwelling Unit.
“Junior accessory dwelling unit (JADU)” is as defined in Government Code Section 65852.22. It is a living space not exceeding five hundred (500) square feet in size contained entirely within a legally established bedroom within the walls of an existing, fully permitted single-family dwelling. A JADU includes an efficiency kitchen including a sink, and may include separate sanitation facilities or share sanitation facilities with the existing structure. No additional parking requirements or fees for water or sewer connections may be required. JADUs cannot be sold separately from the primary dwelling. Only one JADU per lot is permitted. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. JADUs are not allowed in accessory structures.
Large animal-keeping.
“Large animal keeping” shall mean raising or keeping large hoofed-animals customarily raised or kept on farms including, but not limited to horses, cows, bulls, calves, oxen, pigs, hogs, and swine.
Life plan communities.
“Life plan communities” generally are age-restricted properties that include a combination of independent living and assisted living, sometimes also with skilled nursing services available to residents all in one community. Similar communities are also known as: Continuing Care Retirement Communities (CCRCs), Tri-level communities, Aging in Place Communities.
Ministerial Action.
A “ministerial action” is a governmental decision involving little or no personal judgment by the decision maker as to the wisdom or manner of carrying out a project. The decision maker merely applies the law to the facts as presented but uses no special discretion or judgement in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the decision maker cannot use personal, subjective judgement in deciding whether or how a project should be carried out. 159
Section 9, Item B.
Definitions 17.09 (Part II) – Page - 5
Missing Middle Housing.
“Missing middle housing” means multiple units contained in a house-scale building on a single parcel. Compatible in scale and form with detached single-family homes, but containing duplexes, fourplexes, townhomes, cottage housing, multiplexes, or similar. House-scale buildings shall blend with existing residential neighborhoods. Housing shall, to the maximum extent feasible, support walkability. Called “missing” because such residences were popular pre 1950s, but have been missing from the nation’s housing inventory for many decades.
Neighborhood services.
“Neighborhood services” are small scale (less than 10,000 square feet) convenience shopping, professional offices, community centers, community gardens, recreational uses, storage facilities, and similar amenities intended to serve nearby residential areas. Neighborhood services exclude shopping centers or major commercial developments of a community or regional nature.
Limited large-animal keeping.
“Limited large-animal keeping” shall mean that the keeping of certain large animals that may be permitted subject to the following density standards:
One large hoofed-animal unit = one domesticated hoofed animal Minimum parcel size (gross) Maximum allowable
large animal units
Up to 0.49 acre 0
0.5 to 0.74 acre 0
0.75 to 0.99 acre 0
1.0 acre and above 1 large hoofed-animal unit
per 1 acre
Limited small-animal keeping.
“Limited small-animal keeping” shall mean that the keeping of the following small-to-moderate sized animals that may be permitted subject to the following density standards:
One small non-hoofed animal unit = twelve poultry, twelve rabbits, or any combination of poultry and rabbits totaling twelve individual animals.
One small hoofed-animal unit = two sheep or two goats
Minimum parcel size (gross) Maximum allowable livestock units Up to 0.49 acre ¼ small non-hoofed animal unit (e.g., 3 chickens, or 2 chickens and one rabbit, or
2 rabbits and one chicken, or 3 rabbits)
0.5 to 0.74 acre ½ small non-hoofed animal unit
0.75 to 0.99 acre ¾ small non-hoofed animal unit OR
One small-hoofed animal unit
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Definitions 17.09 (Part II) – Page - 6
1.0 acre and above 1 small-hoofed animal unit per 1 acre PLUS
1 small non-hoofed animal unit per 1 acre
Up to a maximum of 24 small non-hoofed
animals on any single parcel
Single-family dwelling.
See “Dwelling, single-family.”
Small-animal keeping.
“Small animal keeping” shall mean raising or keeping small non-hoofed-animals customarily raised or kept on farms including, but not limited to poultry, rabbits. It also includes small or moderate-sized hoofed animals including, but not limited to sheep, goats.
Tiny House.
A “tiny house” is a dwelling unit with a maximum of 400 square feet of floor area hooked up to water, sewer, and utilities and on a permanent foundation. Tiny houses on trailers or wheels less than 40 feet long are considered recreational vehicles.
Tri-level communities.
“Tri-level communities” shall mean the same as “Life Plan Communities.” 161
Section 9, Item B.
R-1 Attachment A: 1
Chapter 17.18
R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
Sections:
17.18.010 Purposes and intent.
17.18.020 Permitted Uses.
17.18.030 Conditional Uses.
17.18.040 Site development standards.
17.18.010 Purposes and intent.
The Single-Family Residential (R-1) district is intended to implement the City General Plan’s Single-Family Residential (SFR) land use designation. The purposes and intent of the district are:
To preserve the integrity of existing single-family residential neighborhoods.
To reserve lands best-suited for future single-family development.
Parcels generally will be restricted to those areas that can be served by adequate water, sewer, police, fire, roads and other public services on relatively gentle slopes (i.e., less than 15%) in close proximity to City services.
17.18.020 Permitted Uses.
Uses permitted in the R-1 district are:
A. One single-family dwelling per parcel on a permanent foundation; B. One accessory dwelling unit per parcel in accordance with Chapter 17.61; C. One junior accessory dwelling unit per parcel:
D. Public safety facilities;
E. Transitional housing or supportive housing within a permitted single-family dwelling.
These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in this same zone.
F Special Needs Housing for six or fewer persons. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone;
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Section 9, Item B.
R-1 Attachment A: 2
G. Small or Large family day care home within a permitted family dwelling. These uses are considered residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone;
H. Employee or farmworker housing 6 or fewer employees; I. Public parks, community gardens;
J. Small residential freestanding solar energy systems on residential parcels of one acre or greater in size in compliance with the provisions of AMC Section 15.28.040(D)(3).
K. Accessory uses and structures appurtenant to permitted uses. (Ord. 469 (part), 2015; Ord. 270 (part), 1984)
17.18.030 Conditional Uses.
Conditional uses in the R-1 district are:
A. Missing middle housing;
B. Cottage housing;
C. Mobilehome or manufactured home parks;
D. Schools, places of worship;
E. Bed and breakfast establishments, within a permitted single-family dwelling, not to exceed six guest bedrooms;
F. Neighborhood services;
G. Special needs housing for 7 or more individuals;
H. Child day care centers;
I. Small residential freestanding solar energy systems on residential parcels of less than one acre in size with minimum standards per AMC Section 15.28.040 (D)(3); J. Public utility uses;
K. Limited Small animal keeping;
L. Limited Large animal keeping on parcels one acre or greater in size; 163
Section 9, Item B.
R-1 Attachment A: 3
M. Accessory uses and structures appurtenant to conditional uses
17.18.040 Site development standards.
Site development standards in the R-1 district are:
A. Minimum lot area for new lots, 7,260 square feet except that lot sizes to 3,000 square feet may be permitted for cottage housing in accordance with Section 17.18.030 B. Density: Six dwelling units per gross acre. Higher densities are possible through density bonuses granted for the provision of affordable housing in accordance with the general plan.
C. Maximum impervious surfaces: 50%. Impervious surfaces totaling up to 60% are permitted for projects providing affordable housing in accordance with the general plan.
Impervious surfaces totaling up to 60% may be permitted with review and approval of the City of Angels Planning Commission subject to site specifics, project needs and environmental constraints.
D. Maximum building height, thirty-five feet;
E. Lot width:
1. For lots exceeding twenty thousand square feet, one hundred feet, minimum,
2. For lots between eight thousand square feet and twenty thousand square feet, eighty feet, minimum,
3. For lots less than eight thousand square feet, sixty feet, minimum; F. Lot depth, one hundred feet, minimum;
G. Minimum building setbacks:
1. Front, twenty feet,
2. Side, five feet,
3. Exterior side of a corner lot, same as front,
4. Rear:
a. Principal building, twenty feet,
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Section 9, Item B.
R-1 Attachment A: 4
b. Accessory building, five feet,
c. Decks and porches shall be allowed to extend from the principle building up to six feet into the rear setback, provided the area of the extension is not wider than twenty feet and the finished floor level of the deck or eave level of the porch is no more than twelve feet in height, as measured from finished grade,
d. Decks and patios that have a finished floor level of less than thirty inches above finished grade and that do not have railings are permitted in the rear setback,
5. Between buildings, ten feet,
6. Vision clearance, thirty-five feet. (Ord. 423 §3, 2005; Ord. 407 §2, 2004; Ord. 270 (part), 1984)
H. For parcels adjoining or visible from highways, arterials or collectors, project design shall accommodate the provision of street trees.
I. Swimming pools shall not be located closer than five feet from any property line or within the front setback;
J. Fences and walls, except retaining walls, shall not exceed six feet in height, except in the front setback area where the maximum allowed is three feet, and thirty inches in the vision-clearance zone;
K. Retaining walls constructed within building setbacks shall not have exposed surfaces that exceed four feet in height, except:
i. A series of retaining walls, none of which individually exceed four feet in height, may be used, provided each successive wall is set back or stepped at least one foot for each one foot of height for that wall; and
ii. Within the vision clearance zone, on upsloping lots, a single retaining wall shall be permitted that does not exceed thirty inches in height. Successive or stepped retaining walls shall not be permitted in the vision clearance zone on upsloping lots; iii. Within side and rear building setbacks that are not adjacent to a street or right-ofway, a retaining wall that faces in toward the subject property may be allowed that is up to eight feet in height;
iv. A retaining wall may be allowed that is up to eight feet in height, provided the wall is being used to retain the existing grade or slope of the site. Cut and fill shall be limited to that which is necessary for construction and upon completion, the location of the top and bottom of the wall shall be substantially similar to the top and toe of the pre-construction slope.
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Section 9, Item B.
C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: May 7th, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION ON CITY WEBSITE AND SOCIAL MEDIA OUTREACH ASSESSMENT RECOMMENDATION:
Discussion on the status of City Website and Social Media Outreach Assessment STRATEGIC PLAN ALIGNMENT:
Conservation & Open Space Maintain and, where feasible, enhance the city's appearance Economic Development Maintain and enhance the city's economic vitality while conserving the city's social, cultural, environmental, and aesthetic resources BACKGROUND:
The city website and social media presence were identified as deficient in terms of currency, accessibility, and organization. In response, staff conducted an assessment to identify the issues, implement necessary changes, and improve communication with residents and the community.
DISCUSSION:
Website Update Assessment:
Staff convened to analyze internal update processes for the existing website platform. It was discovered that the website was designed for updates by a webmaster rather than by non-technical personnel.
Furthermore, the city lacked an official social media account, relying instead on accounts administered by Destination Angels Camp for both city and non-city outreach.
Actions Taken:
Following interviews with web developers, the city selected LevelOne from Sonora to undertake a full rewrite of the website. The objective was to create a user-friendly platform that could be easily updated.
This endeavor involved consolidating licensing and ownership information, re-establishing city ownership over domains, and restricting non-city access. Additionally, an official social media account was created, accompanied by an internal training and review process until a comprehensive social media policy could be formulated. The urgency of disseminating information to residents and the community underscored the importance of these initiatives.
166
Section 9, Item C.
C IT Y H AL L
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
Website Analytics:
According to Google Analytics, the City’s website boasts 2,000 active users, evenly split between computer and mobile device users. Popular pages include the homepage, Visiting Angels, and the Mayor & City Council sections. Notably, the human resources page received 205 visits in the last month, contributing to a total of 16,000 visits for the entire website last month. This marks a significant increase from the previous year's total of 21,000 visits, indicating successful efforts to establish the website as a primary resource for information.
Social Media Outreach:
The city’s Facebook page has proven to be an effective outreach tool, amassing 1,034 followers and reaching nearly 5,400 accounts with each post. Engagement metrics are encouraging, with approximately 1,900 individuals actively engaging with posts. The page has gained 20 new followers in the last month, primarily from Angels Camp and surrounding communities. Posts related to Utica Park garnered the most reach and engagement, highlighting specific areas of community interest.
Maximizing Outreach:
To enhance outreach efforts, the city shares important topics across community groups and utilizes Canva to schedule Facebook posts, particularly those related to City Council meetings. Constant Contact and Canva are integral tools for maintaining a professional appearance in posts and newsletters, with Canva offering a range of design options and Constant Contact facilitating targeted outreach through email distribution lists.
Email Outreach Metrics:
The city has successfully collected 634 email addresses across various segments, including Business Outreach, City Council Meetings, General Interest, Planning Commission, and Utica Park. In the past 30 days, there have been 834 sends with an impressive 68% open rate, exceeding industry standards.
Notably, 89% of opens occur on computers, while click-through rates hover around 11%, indicating a highly engaged demographic.
The comprehensive efforts to update the city website and establish a robust social media presence have significantly improved communication with residents and the community. Continued refinement of outreach strategies, alongside the implementation of targeted initiatives, will further strengthen engagement and ensure timely dissemination of information. 167
Section 9, Item C.
C IT Y H AL L
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
FINANCIAL IMPACT:
The expenses associated with the applications are quite minimal. Constant Contact runs at $924 annually, while Canva costs $149 per year. Website maintenance entails only nominal expenses, and we cover additional support costs for significant webpage modifications beyond our capacity. The domain is provided free of charge by the government.
ATTACHMENTS:
N/A
168
Section 9, Item C.
C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: May 7th, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND DIRECTION ON SPEED TABLES ON CITY ROADS RECOMMENDATION:
Discussion and direction on introducing the use of speed tables throughout the city and budget recommendation for fiscal year 2024/25 and authorizing the city Administrator to execute any necessary agreements with Calaveras County to include speed tables within the city, based on an approved budget.
STRATEGIC PLAN ALIGNMENT:
Public Facilities & Services Maintain or increase the levels of service currently available within Angels Camp for public works facilities and infrastructure including roads, sidewalks, drainage facilities, public buildings, and other public facilities
BACKGROUND:
The City of Angels does not currently address speed table, bumps, or humps in the city construction standards. With the increase in population, changes in circulation current and future, the need to calm traffic speeds is needed.
DISCUSSION:
The City has the opportunity to leverage the procurement process initiated by Calaveras County to install speed tables, thereby saving staff time and reducing costs. Preliminary estimates suggest that each speed table installation could cost between $6,000 and $8,000. Identified roads in need of speed control measures include Gardner Lane, Murphys Grade Road, Dogtown Road, Stockton Road, Vallecito Road, Angels Oaks, and Stanislaus.
A speed table is a traffic calming device designed to reduce vehicle speeds on local roads. Similar to speed bumps or humps, speed tables are elevated sections of roadway typically constructed with a flat surface, spanning the width of the road. Unlike traditional speed bumps, which are abrupt and steep, speed tables have a longer, more gradual incline and decline, allowing vehicles to pass over them at a moderate speed without causing discomfort to occupants.
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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
Speed table spacing is a critical aspect to consider in order to ensure effectiveness and avoid driver frustration. Best practices recommend maintaining consistent spacing between speed tables, typically ranging from 200 to 600 feet apart. This spacing not only ensures sufficient deceleration and acceleration zones for drivers but also maintains a steady flow of traffic along the roadway.
Stanislaus Road, in particular, is slated to receive new stop signs aimed at curbing speeds, especially concerning the safety of school children. This project has been deferred to the summer months to coincide with the school break.
The city has no policy for traffic management, standards for construction, or dedicated funding for it.
The City Engineer is currently identifying and will be recommending construction standards for speed control measures and will present these to the City Council for adoption. Engineering will identify the number of speed tables required for each identified roadway segment, taking into account road geometry, traffic volume, and other relevant factors.
Roads that have been identified to benefit from speed tables:
Gardner Lane - 3
Murphys Grade - 1
Dogtown - 1
Stockton - 2
Angel Oaks
Vallecito
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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
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CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Recommendation:
1. Approve the adoption of construction standards for speed control measures based on the City Engineer's recommendation, including adherence to best practices for speed table spacing (forthcoming).
2. Authorize the procurement of speed tables through the Calaveras County contract, subject to the specified budgetary estimates (to be included in the 2024/25 budget).
3. Review and adopt the Neighborhood Traffic Management Policy (NTMP) Draft Policy Note: that the City’s existing purchasing policy permits sole sourcing under limited circumstances. In this case, the county is relying on JOC (Job Order Contracting) through CalTrans.
Job Order Contracting (JOC) is an on-call construction services contract where construction work and performance is determined by issuing Work Orders with the contractor during a fixed period of time. In the Invitation for Bid (IFB), contractors competitively bid based on their Adjustment Factors on each item listed in the Fixed Unit Price List; this Stipulated Unit Price will be used to price all Work Orders. The Department awards the JOC Master Agreement to the lowest responsive and responsible bidder. A JOC Master Agreement is 12-months with the option of extending for up to two 12-month periods. Work Orders are then issued as an individual construction contract, which identify specific location(s) and items of work.
The city would be aligning with the County’s enrollment and contracting based on the JOC Master Agreement.
3. Direct staff to identify road projects eligible for funding and incorporate the recommended speed control measures into the 2024/25 budget as feasible, while ensuring appropriate spacing between speed tables. Engineering will provide the necessary information on the number of speed tables required for each project.
4. Provide any necessary guidance or directives to ensure the efficient implementation of speed control measures on identified roadways, emphasizing the importance of maintaining consistent speed table spacing.
5. Authorize the City Administrator to contract with Calaveras County on city located speed tables.
FINANCIAL IMPACT:
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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
Staff will commence identifying road projects eligible for funding through SB1 funds, Gas Tax revenue, or General Funds for inclusion in the 2024/25 budget. The incorporation of speed control measures, as recommended today, will be integrated into these projects within budgetary constraints.
ATTACHMENTS:
Neighborhood Traffic Management Policy (NTMP) Draft Policy 175
Section 9, Item D.
1 Neighborhood Traffic Management Policy (NTMP)
1. Introduction
The City of Angels recognizes the importance of addressing neighborhood traffic issues, ensuring traffic safety, and enhancing neighborhood livability through a comprehensive and community-driven approach. The Neighborhood Traffic Management Program (NTMP), also known as traffic calming, aims to improve safety and the quality-of-life for residents by mitigating the impacts of speeding vehicles, cut-through traffic, and reckless driving on residential streets.
2. Objectives of the NTMP
The goals of the NTMP include:
- Empowering neighborhood residents to actively participate in addressing traffic issues through a traffic calming plan.
- Implementing effective traffic calming techniques and engineering principles. - Enhancing targeted police enforcement measures.
3. Traffic Calming Measures
Traffic calming measures are simple roadway design features intended to:
- Reduce the effects of motor vehicle use.
- Influence driver behavior.
- Improve conditions for non-motorized street users.
These measures typically involve slight alterations to street geometry, such as narrowing the roadway or introducing curvature, to create a safer environment for all road users.
4. Traffic Calming Process
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2 4.1 Application Process
Neighborhoods may submit applications for traffic calming measures on a continuous basis.
Applications are processed in the order they are received. Any project is limited to funding.
4.2 Neighborhood Meeting
When a neighborhood reaches the top of the waiting list, a kick-off meeting is scheduled, inviting all residents within the neighborhood boundaries. At this meeting, residents are presented with available traffic calming measures, their associated costs, advantages, and disadvantages. Residents then vote on the preferred approach.
4.3 Developing a Traffic Calming Plan
Interested residents may volunteer to serve on the Traffic Calming Committee, collaborating with neighbors and city officials to develop a tailored traffic calming plan addressing neighborhood concerns.
4.4 Vote of the Neighborhood
Once the proposed plan is finalized and approved by the City Traffic Engineer, it is subject to a neighborhood-wide vote. Approval by a simple majority (50% +1 of returned ballots) allows the plan to proceed to construction.
4.5 Construction
Construction typically occurs between March and October, during dry weather conditions and moderate temperatures (60-90 degrees Fahrenheit).
5. Traffic Calming Choices
Neighborhoods may opt for either the Expedited Speed Hump, Bump, or Table Program or the Full Traffic Calming Program.
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3 5.1 Full Traffic Calming Program
This comprehensive program encompasses all available traffic calming measures. It may necessitate hiring a design consultant, obtaining neighborhood approval, securing City Council endorsement, and soliciting bids for construction. Due to its extensive scope, the Full Program generally incurs higher costs.
6. Possible Traffic Solutions
In addition to traffic calming measures, residents may request police enforcement in their neighborhood. While less effective for speed control, options such as crosswalks and stop signs can also be considered, subject to compliance with state and federal guidelines.
7. Request for STOP or other Traffic Signs and Devices
Stop signs serve to assign right-of-way at intersections rather than slowing vehicles. Their installation follows a thorough study to determine compliance with warrants established by the Federal Highway Administration and Cal-Trans.
This policy aims to foster collaboration between residents and the City to address traffic issues, prioritize safety, and enhance the livability of our neighborhoods. 178
Section 9, Item D.
C IT Y H AL L
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
EnDATE: May 7, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND APPROVAL OF RESOLUTION 24-39 AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE AGREEMENTS FOR THE DEMOLITION AND GRADING OF CITY PROPERTY LOCATED AT 060-006-099 (OLD NAPA) AND 060-010-045 (PARKING AREA) AND APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $46,500 FROM
GENERAL FUND UNRESTRICTED FUND BALANCE
RECOMMENDATION:
Approve Resolution 24-39 Authorizing the City Administrator to execute agreements with Sutton Enterprises for the demolition projects on the Old Napa Property and the Downtown Parking area and approve a budget adjustment in the amount of $46,500 from the General Fund unrestricted fund balance.
STRATEGIC PLAN ALIGNMENT:
Conservation & Open Space Protect the health and safety of people and property in the city from natural and man-made hazards
Economic Development Maintain and enhance the city's economic vitality while conserving the city's social, cultural, environmental, and aesthetic resources Circulation Provide adequate parking to serve existing and future development and improve traffic flow on narrow streets while maintaining the rural and historic character of the city BACKGROUND:
The City of [City Name] recently acquired the old NAPA building, the adjacent property, and the property neighboring the Pickled Porch with the intention of enhancing parking and circulation within the city.
Both the NAPA building and the adjacent property require demolition, with the former being a multi-level structure featuring rhyolite stones and complex infrastructure. Additionally, the property adjacent to the Pickled Porch features a large concrete pad necessitating removal.
DISCUSSION:
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Staff have solicited quotes from local contractors for the demolition and site preparation work. As of present, only one response has been received. Sutton Enterprises has offered to undertake the demolition of the NAPA building for $42,000 and the removal of the concrete pad at the downtown property, along with necessary grading, for $4,500. It is proposed that the city accepts the concrete and rhyolite blocks at the spray field.
In the event that asbestos is identified at the old NAPA property, the quoted price may vary.
Staff recommend proceeding with both demolition projects simultaneously to minimize mobilization costs and streamline the process.
This undertaking will significantly benefit the community by providing additional parking for the downtown area, addressing blight in the vicinity, and creating a clean canvas for future projects. Potential future endeavors include the installation of EV charging stations, construction of more permanent parking structures, and the addition of public amenities such as bathrooms, among others.
The City Council is requested to review the proposal and authorize the City Administrator to execute the agreements and commencement of demolition and site preparation work as outlined above.
FINANCIAL IMPACT:
Funds for these projects are proposed to be sourced from the General Fund unrestricted balance. As of the latest accounting, the General Fund unrestricted balance stands at just over $4 million, with $1.8 million allocated for reserves, leaving approximately $2.2 million available for one-time investments related to general fund projects.
ATTACHMENTS:
Demo Napa Building Quote
Demo and grade downtown property
24-39 Resolution
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Section 9, Item E.
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 24-39
A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE AGREEMENTS FOR THE DEMOLITION AND GRADING OF CITY PROPERTY LOCATED AT 060-006-099 (OLD NAPA) AND 060-010-045 (PARKING AREA) AND APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $46,500 FROM GENERAL FUND
UNRESTRICTED FUND BALANCE
WHEREAS, the City of Angels has acquired the old NAPA building (060-006-099), adjacent property, and property near the Pickled Porch (060-010-045) with the aim of improving parking and circulation within the city; and
WHEREAS, both the NAPA building and the adjacent property require demolition, with the former being a multi-level structure featuring rhyolite stones and infrastructure, and the latter featuring a large concrete pad necessitating removal and grading; and
WHEREAS, Sutton Enterprises has provided a quote for the demolition of the NAPA building for $42,000 and the removal of the concrete pad at the downtown property, along with necessary grading, for $4,500; and
WHEREAS, it is advisable to proceed with both demolition projects simultaneously to minimize mobilization costs and streamline the process; and
WHEREAS, funding for these projects is proposed to be sourced from the General Fund unrestricted reserves;
NOW, THEREFORE, BE IT RESOLVED, the City of Angels City Council does hereby approve the following:
1. The City Council hereby authorizes the City Administrator to execute agreements associated with the demolition and grading projects with Sutton Enterprises.
2. The City Council hereby approves a budget amendment in the amount of $46,500 from the General Fund unrestricted reserves to fund the demolition and grading projects as described.
3. The City Administrator is directed to oversee the implementation of the demolition and grading projects in accordance with the terms outlined in the agreements with Sutton Enterprises.
4. The City Council authorizes the acceptance of the concrete and rhyolite blocks resulting from the demolition at the designated spray field.
5. The City Council acknowledges the potential variation in price should asbestos be identified at the old NAPA property and grants the City Administrator the authority to negotiate any necessary adjustments to the quoted price.
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Section 9, Item E.
PASSED AND ADOPTED this 7
th day of May, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Michelle Gonzalez, City Clerk
H O M E O F T H E J U M P I N G F R O G
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Section 9, Item E.
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C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: May 7th, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND APPROVE RESOLUTION 24-40 SUPPORTING THE HIGHWAY 4
REGIONAL WATER SUPPLY PARTNERSHIP
RECOMMENDATION:
Discussion and direction of the Highway 4 Regional Water Supply Partnership and adopting Resolution 24-40 Supporting this effort.
STRATEGIC PLAN ALIGNMENT:
Conservation & Open Space Ensure adequate water quality and quantity for the residents of and visitors to the city
Public Safety Facilitate the provision of an adequate supply of water, and essential utilities and communications for city residents during emergency situations.
BACKGROUND:
The Highway 4 Regional Water Supply partnership is a collaborative effort between the Union Public Utility District, City of Angels Camp, Calaveras County Water District, and Utica Water and Power Authority. With a shared commitment to the long-term sustainability of the Highway 4 community's water supply, these entities work together to prioritize planning and implement solutions. This partnership, which has spanned many decades, underscores the importance of cooperation in addressing the challenges of water management and ensuring the resilience of local water resources.
DISCUSSION:
The City of Angels City Council recognizes the critical importance of ensuring a reliable and sustainable water supply for its residents and businesses. In pursuit of this goal, a partnership is proposed with neighboring agencies to conduct a comprehensive Regional Water Supply Study. This study aims to evaluate existing water sources, enhance backup water supplies, improve operational efficiency, and strengthen emergency response plans.
Proposed Outcomes:
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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
1. Evaluation of Existing Water Sources and Infrastructure:
- Conducting a thorough assessment of current water sources and infrastructure within each service area is essential.
- Identifying potential options to connect to redundant backup water supplies will enhance reliability. - Determining ways to optimize operations and improve efficiency within the district is crucial for sustainable water management.
2. Finding Cost Savings and Providing Services More Efficiently:
- Investigating opportunities to reduce operational costs while maintaining or enhancing water reliability and service is a key objective.
- Exploring and potentially implementing new technologies or practices to streamline water delivery and usage can lead to cost savings and improved service.
3. Identifying Gaps in Emergency Response Plans:
- Reviewing existing emergency response plans to determine gaps or areas for improvement is necessary.
- Preparing for potential water supply interruptions due to drought, climate change, or major infrastructure failures is critical.
- Formulating strategic actions to address these gaps ensures rapid and effective response in emergencies, safeguarding the community's water supply.
Conclusion:
It is recommended that the City of Angels City Council support the proposed multi-agency collaboration along Highway 4 to achieve the outlined goals. By working together, sharing resources, and leveraging expertise, the participating agencies can enhance regional water reliability and resilience, ultimately benefiting all stakeholders.
To date, the Calaveras County Water District Board unanimously approved a resolution on April 24th. The Union Public Utility District unanimously approved a resolution on April 24th. The Utica Water and Power Authority has it on their agenda for May 30th.
FINANCIAL IMPACT:
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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
There are currently no budgeted costs associated with this effort. Over the course of future meetings, an estimated cost for a comprehensive plan will be developed, along with funding strategies and recommendations.
ATTACHMENTS:
24-40 Resolution Supporting the Highway 4 Regional Water Supply Partnership Partnership Presentation
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Section 9, Item F.
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 24-40
A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO SUPPORT FOR THE HIGHWAY 4 REGIONAL WATER SUPPLY PARTNERSHIP
WHEREAS, the City of Angels City council supports the Highway 4 Regional Water Supply partnership between the City of Angels, Utica Water and Power Authority and Calaveras County Water District; and
WHEREAS, the partnership aims to:
Improve backup water supplies for the Highway 4 community, Assess potential impacts on water supply reliability, Explore potential water sources for each service area, and Identify ways to provide water services more efficiently; and WHEREAS, the City of Angels City council commits to the partnership and support for conducting a Regional Water Supply Study that will evaluate existing water sources and infrastructure to identify:
Options to connect to redundant backup water supplies. Opportunities to optimize operations, find cost savings, and provide services more efficiently. Identify gaps that might exist in current emergency response plans to prepare for drought, climate change, and failure of major water supply infrastructure.; and WHEREAS, the City of Angels City Council commits to the overarching goal of collaboration across agencies in this partnership, prioritizing the safety, protection, and cost-effectiveness of water services through this partnership; and
NOW, THEREFORE, BE IT RESOLVED, the City of Angels City Council does hereby enthusiastically support the Highway 4 Regional Water Supply partnership.
PASSED AND ADOPTED this 7
th day of May, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon Mayor
188
Section 9, Item F.
_______________________
Michelle Gonzalez, Deputy City Clerk
H O M E O F T H E J U M P I N G F R O G
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Section 9, Item F.
Highway 4
Region al W ater Supply
Partnership
190
Section 9, Item F.
HIGHWAY 4 PARTNERSHIP
EVALUATE
POTENTIAL IMPACTS
TO WATER SUPPLY
RELIABILITY
ENHANCE BACKUP
WATER SUPPLIES
FOR THE HIGHWAY 4
COMMUNITY
EXPLORE POTENTIAL
WATER SOURCES &
IDENTIFY EFFICIENCIES
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Section 9, Item F.
EVALUATE
EXISTING WATER
SOURCES &
INFRASTRUCTURE
FIND COSTS
SAVINGS &
PROVIDE SERVICES
EFFICIENTLY
IDENTIFY GAPS IN
EMERGENCY
RESPONSE PLANS
REGIONAL WATER SUPPLY STUDY
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Section 9, Item F.
Evaluate Existing
W ater Sou r ces &
In fr astr u ctu r e
• Conduct assessments on water
sources and infrastructure.
• Identify potential options for backup
water supplies.
• Optimize operations and improve
efficiencies.
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Section 9, Item F.
Find Costs Savings &
Pr ovide Ser vices
Efficien tly
• Reduce operational costs.
• Maintain or enhance water reliability
and service.
• Explore new technologies or practices
to streamline water delivery.
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Section 9, Item F.
Identify Gaps in
Em ergency Response
Plans
• Review all emergency response plans
to determine gaps.
• Prepare for water supply
interruptions.
• Formulate strategies to ensure rapid
response in emergencies.
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Section 9, Item F.
Ensuring water reliability and security through collaborative efforts across agencies, by prioritizing safety, protection, and cost-effectiveness for our community.
HIGHWAY 4 REGIONAL WATER SUP P LY
P ARTNERSHIP
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Section 9, Item F.
WATER FILL STATION
CEQA
EXEM PTION
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Section 9, Item F.
CEQA Exemption
Statuatory Exemption
Public Resources Code 21080.47
• Board Approval - formally approve NOE
• Federal Funding Consideration - Notify SWRCB and
inquire if exemption would affect funding eligibility.
• NOE Filing and Posting - Filed with the County and
State, and posted for 30 days.
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Section 9, Item F.
UPDATES
TO
DISTRICT FEES
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Section 9, Item F.
CONNECTION &
CAP ACITY FEE
Last updated: August 2008
New developments or property owners
connecting to UPUD’s system.
MISCELLANEOUS FEES
Last updated: September 2016
Various costs that fall outside of District’s
Prop 218 cost of service rates.
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Miscellaneous
Fees
Equipment Rates, Hydrant fees, Account Fees,
Service Calls, New Service, Cost-to-Serve
ANALYZE & COMPARE COSTS
Determine actual costs, including labor, materials, and administrative expenses.
BENCHMARK AGAINST OTHER AGENCIES
CPUD, AWA, COA and CCWD
REVIEW & IDENTIFY SERCVICES
Review existing structure and identify additional
services needing to be captured.
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Section 9, Item F.
Connection &
Capacity Fees
DOMESTIC SYSTEM
Current Fee: $14,000
IRRIGATION SYSTEM
Current Fee: $5,000
Costs to connect to UPUD’s system and
capacity for increased demand.
For example, constructing new pipelines,
storage tanks, treatment plant upgrades.
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Section 9, Item F.
Connection &
Capacity Fees
FEE STRUCTURE
Varies widely from one District to another. Could be a
flat fee, or varies depending upon meter size, or size of the development.
UPUD STRATEGY
Weber Ghio is looking at a few options.
Development of new fee structure
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Section 9, Item F.
Structure
Com pon en ts
Costs for connection vary based on meter size and
complexity. Capacity should as well. This also provides transparency and better understanding of how these fees cover District costs
SEPARATE CONNECTION & CAPACITY FEES
UPUD assets values will have an effect on the capacity fees.
All upgrades should be incorporated into asset values.
ASSETS & DISTRICT UPGRADES
Do we include or exclude depreciation?
DEPRECIATION OF ASSETS
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Section 9, Item F.
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 24-41
A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL REQUESTING THE BOARD
OF SUPERVISORS OF CALAVERAS COUNTY TO CONSOLIDATE THE DISTRICT ELECTION WITH THE ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, an election will be held within the City of Angels within Calaveras County on Tuesday November 5, 2024, for the purpose of electing Governing Board Members; and WHEREAS, Election Code § 10403 requires jurisdictions to file with the Board of Supervisors, and the County Clerk, a resolution requesting consolidation with said election.
THEREFORE, BE IT RESOLVED, that the City of Angels requests the Board of Supervisors of Calaveras County to consolidate the City Election with the election to be held on November 5, 2024 BE IT FURTHER RESOLVED that the City agrees to reimburse the County Elections Department for actual cost accrued as a result of this consolidation. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in Election Code § 10418 ON A MOTION by _____________________ seconded by _________________________________the forgoing resolution was duly passed and adopted by the following vote on this 7th day of May 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon Mayor
______________________________
Michelle Gonzalez, Deputy City Clerk
H O M E O F T H E J U M P I N G F R O G
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Section 9, Item G.
C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: May 7, 2024
TO: City Council
FROM: Rose Beristianos, Administrative Services Officer / City Clerk RE: ADOPTION OF RESOLUTION 24-41 REQUESTING THE BOARD OF SUPERVISORS OF
CALAVERAS COUNTY TO CONSOLIDATE THE CITY OF ANGELS ELECTION WITH THE ELECTION TO BE HELD ON NOVEMBER 5, 2024
RECOMMENDATION
Staff recommends the adoption of Resolution 24-41 to consolidate the City’s election of Council Members with the Election to be held on November 5, 2024.
DISCUSSION
The City of Angels, City Council has three (3) members whose terms are expiring on 1/6/2025. Those seats are currently filled by Jennifer Herndon, Caroline Schirato, and Michael Chimente. Election Code §10403 requires jurisdictions to file with the Board of Supervisors, and the County Clerk, a resolution requesting consolidation with the Regular Presidential General Elect Resolution 24-41 requests that the Calaveras County Board of Supervisors consolidate the City’s election with the election to be held on November 5, 2024.
The City agrees to reimburse the County Elections Department for actual costs accrued as a result of this consolidation. The City further acknowledges that the consolidated election will be held and conducted in the manner prescribed in Election Code §10418.
FINANCIAL IMPACT
There will be a financial impact, however I have not heard back from the Elections Department as to what it will be.
ATTACHMENTS
Resolution No. 24-41
Letter from Elections Department
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Section 9, Item G.
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Section 9, Item G.
C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: May 7, 2024
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: HABITAT FOR HUMANITY STANDARD AGREEMENT IN LIEU OF BONDING FOR EUREKA
OAKS AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ANY NECESSARY AGREEMENTS (Motion and Action)
RECOMMENDATION:
Discussion and direction allowing Habitat for Humanity to Utilize the Standard Agreement with CalHome in Lieu of Bonding for Infrastructure Project
STRATEGIC PLAN ALIGNMENT:
Land Use Provide a well-organized and orderly development pattern that maintains and enhances Angels Camp’s social, economic, cultural, environmental, and aesthetic resources while managing growth so that adequate facilities and services can be provided in pace with development.
BACKGROUND:
Habitat for Humanity has proposed a development infrastructure project aimed at providing affordable housing within the City of Angels. The conditions of the project currently recommended bonding for the development infrastructure phase, which would result in an additional expenditure of approximately 1% of the project cost, totaling between $100,000-160,000.
DISCUSSION:
Given the overarching goal of this project to facilitate affordable housing, any measures that can alleviate unnecessary financial burdens are in alignment with its core objectives. In light of this, Habitat for Humanity has proposed the utilization of the Standarad Agreement with CalHome as an alternative to bonding.
This is the agreement between Habitat for Humanity and CalHome for the infrastructure funding of the development.
Staff have assessed the proposal and recommend that the City Council approve the City Administrator to collaborate with Habitat for Humanity and Legal Counsel for the execution of this affordable option. 208
Section 9, Item H.
C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
The primary purpose of either bonding or utilizing a letter of credit is to mitigate the risk associated with the project in the event of non-completion. Without such measures, the City would assume liability for the unfinished project. The agreement with CalHome requires that this project is completed in order to get the funding, which serves the purpose of protecting the interests of the city.
In consideration of the project's goal to provide affordable housing and to minimize unnecessary financial burdens, staff recommends that the City Council approve the following:
1. Authorization for the City Administrator to collaborate with Habitat for Humanity on the execution of a letter of credit in lieu of bonding for the development infrastructure phase of the project, using the Standard Agreement with CalHome as the basis.
2. Authorization for the City Administrator to take any necessary steps to facilitate the implementation of this alternative condition option with legal counsel.
FINANCIAL IMPACT:
None
ATTACHMENTS:
N/A
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Section 9, Item H.