ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as Successor Agency/ Housing Successor to the Antioch Development Agency
Date: Tuesday, November 28, 2023
Time: 5:45 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see the inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
Tamisha Torres-Walker, Mayor Pro Tem (District 1) Lauren Posada, City Treasurer Michael Barbanica, Council Member District 2
Lori Ogorchock, Council Member District 3 Kwame P. Reed, Acting City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney
ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabiliti es. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].
ANTIOCH CITY COUNCIL -1- NOVEMBER 28, 2023
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
5:45 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson and Mayor Thorpe [Mayor Pro Tem (District 1) Torres-Walker arrived at 5:48 p.m.]
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to California Government Code section 54956.9(d)(1); Justin Nartea v. Pamela Sabedra et al., Contra Costa County Superior Court Case C23-01521.
Council voted to settle case for $35,000, 5/0
2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to California Government Code section 54956.9(d)(1); Wade v. City of Antioch, United States District Court for the Northern District of California, Case No. 23- cv-01130-DMR.
Direction provided to City Attorney
3) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to California Government Code section 54956.9(d)(1); Collier Jr. v. City of Antioch, Superior Court for the State of California, Contra Costa County Case No. C22-02806.
Direction provided to City Attorney
5:51 P.M. MOTIONED TO ADJOURN TO CLOSED SESSION
ANTIOCH CITY COUNCIL -2- NOVEMBER 28, 2023
5:52 P.M. REOPENED CLOSED SESSION – ROLL CALL – for Council Members – All Present
CLOSED SESSION – Continued
4) CONFERENCE WITH REAL PROPERTY NEGOTIATIONS – pursuant to California Government Code section 54956.8; Property: 1915 D Street, Antioch, CA; Negotiating Parties: City of Antioch Negotiators: Kwame P. Reed, Acting City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Mickie Marchetti, Executive Director, R.E.A.C.H. Project ; Under Negotiation: Price and terms of payment.
Direction provided to Acting City Manager and City Attorney
5:53 P.M. MOTIONED TO ADJOURN TO CLOSED SESSION
7:02 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency – All Present
PLEDGE OF ALLEGIANCE
OPENED MEETING AND MOMENT OF SILENCE IN MEMORY OF CONTRA COSTA COUNTY
FIREFIGHTER JOHN MARTINEZ
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. PROCLAMATIONS
• In Memory of the City of Antioch’s first female Mayor Louise Giersch, September 23, 1925 – September 4, 2023
7:09 P.M. RECESS DURING PROCLAMATIONS DUE TO CCTV TECH/AUDIO ISSUE 7:10 P.M. RECONVENED – All Present
• In Memory of Former Council Member Frank L. Stone, April 29, 1927 – October 25, 2023 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamations.
ANTIOCH CITY COUNCIL -3- NOVEMBER 28, 2023
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
➢ HEALING & UNITY + KEY TO THE CITY EVENT – November 30, 2023
Antioch Community Center, 4703 Lone Tree Way, Antioch
➢ HOLIDAY DELITES CELEBRATION – December 2, 2023
Antioch’s Historic Rivertown, Downtown, G Street and 2nd Street, Antioch
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ PLANNING COMMISSION
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
COUNCIL MEMBER OGORCHOCK REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE COUNCIL REGULAR AGENDA ITEMS # 5 AND # 6 TO BE HEARD BEFORE THE CONSENT CALENDAR; APPROVED, 5/0
COUNCIL REGULAR AGENDA
5. SALES TAX CITIZENS’ OVERSIGHT COMMITTEE APPOINTMENT FOR THE VACANCY EXPIRING MARCH 2026
Recommended Action: 1) It is recommended that the Mayor nominate the candidate for appointment.
Reso No. 2023/167 adopted appointing Ami Odom to the
Sales Tax Citizens’ Oversight Committee for the
partial-term vacancy expiring March 2026,
5/0
2) It is recommended that the City Council adopt a resolution appointing [name of appointee] to the Sales Tax Citizens’ Oversight Committee for the partial -term vacancy expiring March 2026.
ANTIOCH CITY COUNCIL -4- NOVEMBER 28, 2023
COUNCIL REGULAR AGENDA – Continued
6. BOARD OF ADMINISTRATIVE APPEALS APPOINTMENTS FOR ONE VACANCY EXPIRING MARCH 2024 AND ONE VACANCY EXPIRING MARCH 2026
Recommended Action: 1) It is recommended that the Mayor nominate the candidates for appointment.
2) It is recommended that the City Council:
Reso No. 2023/168 adopted appointing
Sharif Umair to the Board of Administrative Appeals
for the partial-term vacancy expiring March 2024,
5/0
I. Adopt a resolution appointing [name of appointee] to the Board of Administrative Appeals for the partial -term
vacancy expiring March 2024.
Reso No. 2023/169 adopted appointing
John Constantine Richelsen to the Board of Administrative Appeals for the partial-term vacancy expiring March 2026,
5/0
II. Adopt a resolution appointing [name of appointee] to the Board of Administrative Appeals for the partial -term
vacancy expiring March 2026.
4. CONSENT CALENDAR for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR OCTOBER 24, 2023 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR NOVEMBER 14, 2023 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
C. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
ANTIOCH CITY COUNCIL -5- NOVEMBER 28, 2023
CONSENT CALENDAR for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency – Continued
D. APPROVAL OF SUCCESSOR AGENCY WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
F. SECOND READING – INNOVATIVE HOUSING (IH) OVERLAY DISTRICT AND ACCESSORY DWELLING UNITS (LA2023-0003) (Introduced on November 14, 2023)
Recommended Action: It is recommended that the City Council take the following actions:
Ord. No. 2235-C-S adopted, 5/0
1) Adopt an ordinance amending Title 9 Chapter 5 of the Antioch Municipal Code to implement State legislation regarding Accessory Dwelling Units and to permit multiple Accessory Dwelling Units in the Innovative Housing (IH) Overlay District.
Ord. No. 2236-C-S adopted, 5/0
2) Adopt an ordinance to rezone 33 parcels to include an IH Overlay District.
G. SECOND READING – ZONING TEXT AMENDMENTS (LA2023 -0004) (Introduced on November 14, 2023)
Ord. No. 2237-C-S adopted, 5/0
Recommended Action: It is recommended that the City Council adopt an ordinance amending Title 9 Chapter 5 of the Antioch Municipal Code to implement Housing Element programs, codify legislation, and clarify existing regulations.
H. AMENDMENT TO PURPOSE-BUILT CONTRACT FOR SAFETY APPAREL, UNIFORMS,
AND PERSONAL PROTECTIVE EQUIPMENT PURCHASES
Reso No. 2023/170 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an increase to the Purpose -Built contract in the amount of $150,000 for a two-year contract extension for Fiscal Years 2023/24 and 2024/2025; and
2) Authorizing the Acting City Manager or designee to execute an increase to the current purchase order with Purpose-Built.
ANTIOCH CITY COUNCIL -6- NOVEMBER 28, 2023
CONSENT CALENDAR for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency – Continued
I. CONSIDERATION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF
ANTIOCH AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE
ANTIOCH BICYCLE GARDEN PROJECT FUNDED IN PART BY A SAFE STREETS AND
ROADS FOR ALL GRANT
Reso No. 2023/171 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Cooperative Agreement between the City of Antioch and the Contra Costa Transportation Authority for the Antioch Bicycle Garden Project;
2) Authorizing the expenditure of up to $1,000,000 of budgeted funds from City's General Fund to pay an advancement to the Contra Costa Transportation Authority for estimated costs for each phase of project delivery for the Antioch Bicycle Garden Project, which is a required match to receive a $4,000,000 Safe Streets and Roads for All Grant; and
3) Authorizing the Acting City Manager to execute the agreement.
J. CONSIDERATION OF BIDS FOR THE CONTRA LOMA ESTATES PARK RENOVATION (P.W. 298-P3)
Reso No. 2023/172 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding the construction agreement to the lowest,
responsive, and responsible bidder, Star Construction, Inc. for the Contra Loma Estates Park Renovation in the amount of $2,499,900; and
2) Authorizing the Acting City Manager or designee to execute the construction agreement with Star Construction, Inc. for a total amount of $2,499,900.
K. AUTHORIZATION TO RESPOND TO REQUEST FOR STATUS UPDATE TO GRAND JURY REPORT NO. 2106 “MENTAL HEALTH CRISIS RESPONSE”
Reso No. 2023/173 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution to approve the response to the request for status updates to Grand Jury Report #2106 “Mental Health Crisis Response” and authorize the Mayor to sign the response letter.
ANTIOCH CITY COUNCIL -7- NOVEMBER 28, 2023
8:59 P.M. RECESS
9:05 P.M. RECONVENED, ROLL CALL – All Present
COUNCIL REGULAR AGENDA – Continued
7. RESOLUTIONS APPROPRIATING EXPENDITURES FOR ENCUMBRANCES AND PROJECT BUDGETS OUTSTANDING TO THE 2023/24 FISCAL YEAR BUDGET AND APPROVING OTHER AMENDMENTS TO THE 2023/24 AND 2024/25 FISCAL YEAR
BUDGETS
Recommended Action: It is recommended that the City Council adopt the following resolutions:
Reso No. 2023/174 adopted, 5/0
1) Resolution of the City Council of the City of Antioch appropriating expenditures for encumbrances and project budgets outstanding to the 2023/24 fiscal year budget and approving other amendments to the 2023/24 and 2024/25 fiscal year budgets.
Reso No. 2023/175 adopted approving the following projects:
• $50,000 – Sister City Expenses
• $110,000 – July 4th Event
• $1,579,605 – Water Park Needs
5/0
2) Resolution of the City Council of the City of Antioch approving amendments to the 2023/24 and 2024/25 fiscal year budgets for items considered at the meeting of November 28, 2023.
PUBLIC COMMENTS
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and Acting City Manager – no longer than 90 days.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn meeting at 10:10 p.m., 5/0
FIRST FEMALE MAYOR
LOUISE GIERSCH
September 23, 1925 September 4, 2023
WHEREAS, Louise Giersch moved to Antioch with her husband Lauron and three daughters, Leslie, Linda and Lori, where she became a substitute teacher and was then appointed to the Antioch Planning Commission on May 11, 1964;
WHEREAS, following her 4 years on the Planning Commission, Louise Giersch was then elected to the Antioch City Council on April 16, 1968;
WHEREAS, during her 8 years on City Council, Louise Giersch made history as the first female appointed as Mayor from 1970-1971 and 1975-1976;
WHEREAS, in addition to the City Council and thereafter, Louise Geirsch served in other County Commissions and Boards, such as, the Metropolitan Transportation Commission (MTC), Association of Bay Area Government (ABAG), Seismic Safety Commission, Architectural Review Board, and ;
WHEREAS, Louise she
loved to travel with her husband and had visted all seven contintents; and
WHEREAS, Louise loved exploring the Eastern Sierras and became an oil painter and often painted scenes of the Sierra foothills.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby recognize Louise Giersch for her service, commitment, and many accomplishments to the City of Antioch.
NOVEMBER 28, 2023
LAMAR A. THORPE, Mayor 1.01
11-28-23
IN MEMORY OF FORMER COUNCILMEMBER
FRANK L. STONE
APRIL 29, 1927 OCTOBER 25, 2023
WHEREAS, Frank L. Stone was a Tennessee native, and lived in Antioch where he worked for Pacific Gas & Electric and was an active community member for the City of Antioch;
WHEREAS, Frank L. Stone was one of the founding members of the Association of Responsible Citizens in 1978, and a founding member of the Friends of Animal Services in 1979;
WHEREAS, Frank L. Stone served on the Planning Commission from 1979 through 1984, then was elected to City Council from 1984 through 1992. During his service on Council, he also was appointed as Mayor Pro Tem for two (2-year) terms;
WHEREAS, after his service on the Antioch City Council, Frank L. Stone continued to stay active with the community by being
Fairgrounds Board and was later appointed to the Antioch Rivertown Senior Housing Board of Directors in 1993;
WHEREAS, in 1994, the City of Antioch dedicated the Antioch Animal Shelter to ; and
WHEREAS, Frank L. Stone was a huge animal lover and was never without a canine companion.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby recognize Frank L. Stone for his commitment, dedication, and positive influence in our community.
NOVEMBER 28, 2023
LAMAR A. THORPE, Mayor 1.02
11-28-23
BOARD / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
Phone: (925) 779-7009 OFFICE OF THE CITY CLERK 200 H Street/P.O. Box 5007 [email protected] Antioch, CA. 94531-5007
https://bit.ly/COA-BC23 AntiochIsOpportunity.com
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on one of the various Boards, Commissions, and Committees. Any interested resident is invited to apply for the following vacancies by the Extended Deadline Date: 5:00 p.m., on Friday, December 15, 2023:
PLANNING COMMISSION
One (1) Vacancy, expiring October 2027
To be considered for the vacancy position(s) listed
at: https://bit.ly/COA-BC23. Printed applications are also available at Antioch City Hall, 200 H Street,
Antioch, CA.
Please return the completed application by the deadline date listed above, by email to: [email protected].
You can also drop off the application (Attn: City Clerk), in the water billing drop-off box outside Antioch City Hall.
Your interest and desire to serve our community can
make a difference.
#3
PLANNING COMMISSION
One (1) Vacancy, expiring October 2027
Deadline Date: By 5:00 p.m., December 15, 2023
The City of Antioch encourages residents to become involved in their local community.
One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.
Purpose:
The Planning Commission review and make recommendations to the City Council on the physical development of the City: all provisions of the General Plan, land use, and zoning as specified by the Zoning Code, and as set forth in the State Government Code and the California Environmental Quality Act (CEQA). The Commission also reviews site plans, architectural design, signs, or other exterior design features of new and remodeled buildings.
Commission Seats:
Seven (7) Commission Members, 4-year terms.
Meetings:
Held every first and third Wednesday of every month at
6:30 p.m. in the City Council Chambers; or on other dates as needed.
Requirements:
Must be a resident of the City of Antioch.
Members are subject to The Brown Act open meeting law.
Commissioners are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
Commissioners are required to complete a 2-hour online AB1234 Ethics course within one year of their appointment.
Newly appointed and reappointed Members are required to take an Oath of Office administered by the City Clerk.
To be considered for these volunteer position(s), a completed application must be emailed to: [email protected], or mailed/delivered to the Office of the City Clerk, by the deadline date listed above. Applications are available https://bit.ly/COA-BC23
Community Service Application for:
PLANNING COMMISSION
One (1) Vacancy, expiring October 2027
*Required field Deadline Date: By 5:00 p.m., December 15, 2023 APPLICANT INFORMATION Youth 14-17 *Full Name: Main Phone:
( )
Alternate Phone:
( )
*Residence Address:
Antioch, CA
E-mail Address:
Employer/School: Occupation: Resident since:
*PARENT/GUARDIAN INFORMATION (If applicant is age 14-17 years) *Full Name: Main Phone:
( )
Alternate Phone:
( )
*Residence Address:
Antioch, CA
E-mail Address:
*QUESTIONNAIRE
Please answer the questions below on a separate sheet(s) and attach. Applications without these questions answered will not be considered. Please attach your resume (recommended to enhance your application).
1. List (3) main reasons for your motivation to join the Planning Commission.
2. What skills or experience do you have that will serve the Planning Commission?
3. What do you think is the single most important skill for a Planning Commissioner?
4. Do you have any particular areas of interest with respect to Planning?
5. Please add any other information/comments that would be helpful in reviewing your application. *ACKNOWLEDGEMENTS
My signature below indicates my understanding and acknowledgement that:
*This completed application is available for public review (youth applications are exempt). *I have read and agree to the requirements listed on the Vacancy Announcement. *To the best of my ability, I will attend the Planning Commission regular meetings:
Every 1st and 3rd Wednesday of the month at 6:30 p.m.
Please return completed application by:
Mail to: Office of the City Clerk
P.O. Box 5007, Antioch CA 94531
In Person: Antioch City Hall-
200 H Street, 3rd Floor
Email to: [email protected]
___________________________ _________
*Applicant Signature *Date
___________________________ _________
*Parent/Guardian Signature *Date
(An original, signed application with parent/
guardian signature is required, if a minor)
- -2
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
- -2
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
F
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 28, 2023
SUBMITTED BY: Meredith Rupp, Partnership for the Bay’s Future Fellow Zoe Merideth, Acting Planning Manager
APPROVED BY: Kevin Scudero, Acting Community Development Director
SUBJECT: Innovative Housing (IH) Overlay District and Accessory Dwelling Units (LA2023-0003) - Second Reading of the Ordinance
RECOMMENDED ACTION
It is recommended that the City Council take the following actions:
1) Adopt an ordinance amending Title 9 Chapter 5 of the Antioch Municipal Code to implement State legislation regarding Accessory Dwelling Units and to permit multiple Accessory Dwelling Units in the Innovative Housing (IH) Overlay District (Attachment A).
2) Adopt an ordinance to rezone 33 parcels to include an IH Overlay District (Attachment B).
FISCAL IMPACT
There are no direct fiscal impacts incurred by the City for the approval of these ordinances.
DISCUSSION
The adoption of an ordinance requires two separate readings. The City Council introduced the subject ordinances at its November 14, 2023 regular meeting. This second reading will finalize the adoption of the two ordinances. The ordinances will take effect 30 days after their final passage. (Gov. Code, § 36937).
Zoning Text Amendments are needed to implement State Accessory Dwelling Unit (ADU) law and to codify the Innovative Housing (IH) Overlay District and its associated development standards. Zoning Map Amendments are needed to add the IH Overlay to 33 parcels. The Council introduced the Zoning Text and Zoning Map Amendments at the November 14, 2023 Council meeting.
ATTACHMENT
A. ADU and IH Overlay Zoning Text Amendment Ordinance
B. IH Overlay Zoning Map Amendment Ordinance
ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH TO AMEND TITLE 9 CHAPTER 5 OF THE MUNICIPAL CODE TO IMPLEMENT
STATE LEGISLATION REGARDING ACCESSORY DWELLING UNITS AND TO
PERMIT MULTIPLE ACCESSORY DWELLING UNITS IN THE INNOVATIVE
HOUSING (IH) OVERLAY DISTRICT
(LA2023-0003)
The City Council of the City of Antioch does ordain as follows:
SECTION 1:
The proposed amendments to the City’s Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15282(h), which statutorily exempts the adoption of Accessory Dwelling Unit ordinances. Furthermore, the amendments are not considered a project under CEQA under the common sense exemption (CEQA Guidelines §15061(b)(3)) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.
SECTION 2:
At its regular meeting of October 18, 2023, the Planning Commission adopted Resolution 2023-29 recommending that the City Council adopt an ordinance amending sections of Title 9 Chapter 5 of the Antioch Municipal Code.
SECTION 3:
The City Council finds that adoption of this Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance will comply with, implement, and adopt State Accessory Dwelling Unit Law.
SECTION 4:
The City Council has reviewed, considered, and evaluated all of the information prior to acting upon the Ordinance and finds that the Zoning Text Amendments will:
1. Implement State Accessory Dwelling Unit Law.
2. Implement the policies in the Housing Element and comply with State requirements, including the mandate to incentivize and promote the creation of Accessory Dwelling Units that can be offered at affordable rents (Gov. Code Section 65583).
3. Support implementation of Housing Element Programs and the required regional housing allocation of 3,016 housing units, including below- market rate units affordable to a range of income levels, and to affirmatively further fair housing in Antioch.
A1
ATTACHMENT A
4. Conform with the General Plan and support Housing Element policies that support housing at a range of household income levels.
SECTION 5:
The Zoning Text Amendments shown in Exhibit 1, attached hereto, amend the following sections of Title 9 “Planning and Zoning” of the Antioch Municipal Code: Section 9-5.203 “Definitions,” Section 9-5.301 “Districts Established And Defined,” Section 9-5.601 “Height, Area & Setback Regulations For Primary Structure,” Section 9-5.701 “Purpose and Applicability,” Section 9-5.702 “Procedures,” Section 9-5.1702 “Basic Requirements,” Section 9-5.1703.1 “Off-Street Parking Requirements By Use,” Section 9-5.1704 “Parking Requirements,” Section 9-5.3801 “Summary Of Zoning Districts,” Section 9-5.3803 “Table Of Land Use Regulations,” Section 9-5.3805 “Accessory Dwelling Units,” and 9-
5.3850 “Innovative Housing Overlay District.”
SECTION 6: Severability.
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
SECTION 7: Publication; Effective Date
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch. * * * * * * * * *
I HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the 14th day of November 2023, and passed and adopted at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
LAMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
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EXHIBIT 1
ZONING TEXT AMENDMENTS:
ACCESSORY DWELLING UNITS AND INNOVATIVE HOUSING OVERLAY § 9-5.203 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY DWELLING UNIT (ADU). An attached or detached residential dwelling that provides complete independent living facilities for one or more persons and is either 1) located on a lot with a proposed or existing primary residence, or 2) located in the IH Overlay District. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and
(b) A manufactured home, as defined by California Health and Safety Code Section 18007.
ACCESSORY STRUCTURE.See “building, accessory.”
ACCESSORY USE. See “use, accessory.”
AFFORDABLE HOUSING. Ownership or rental housing that is restricted by recorded document to provide the housing at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or an affordable rent, as defined in Section 50053 of the California Health and Safety Code, as applicable.
AREA MEDIAN INCOMEorAMI. The midpoint of a region's income distribution, meaning that half of the households in a region earn more than the median and half earn less than the median. As used in this Code, AMI refers to the median income for Contra Costa County, which is part of the Oakland Metropolitan Statistical Area.
ASSEMBLY USE.See “use, assembly.”
ASSUMED HOUSEHOLD SIZE. Generally, a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. However, the assumed household size is subject to the requirements of different funding sources and may differ accordingly.
…
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EFFICIENCY KITCHEN means a kitchen that includes each of the following:
(a) A cooking facility with appliances.
(b) A food preparation counter or counters that total at least 15 square feet in area.
(c) Food storage cabinets that total at least 30 square feet of shelf space. …
HOUSEHOLD, EXTREMELY LOW INCOME.Persons and households whose income does not exceed 30% of the area median income, adjusted for household size and revised annually.
HOUSEHOLD, LOW INCOME.Persons and families households whose income does not exceed 80% of the area median income, adjusted for family household size and revised annually.
HOUSEHOLD, MODERATE INCOME.Persons and households whose income does not exceed 120% of the area median income, adjusted for household size and revised annually.
HOUSEHOLD, VERY LOW INCOME.Persons and families households whose income does not exceed 50% of the area median income, adjusted for family household size and revised annually.
…
JUNIOR ACCESSORY DWELLING UNIT (JADU). A residential unit that satisfies all of the following:
(a) Is no more than 500 square feet in size.
(b) Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (c) Includes its own separate sanitation facilities, or shares sanitation facilities with the existing or proposed single-family structure.
(d) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
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(e) Includes an efficiency kitchen.
…
KITCHEN.Any room or space within a building designed to be used or maintained for the cooking and/or preparation of food.Kitchens shall contain at least 15 square feet of food preparation counter space, 30 square feet of food storage space, a sink, a refrigerator, and either a cooktop and oven or a range. …
RELIGIOUS INSTITUTION. An organization owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 5 (commencing with Section 9110), or as a corporation sole pursuant to Part 6 (commencing with Section 10000),of Division 2 of Title 1 of the California Corporations Code. …
USE.The purpose for which land or premises, or a building thereon, is designed, arranged, intended, occupied or maintained.
USE, ACCESSORY.A use incidental to the principal use of a lot or of a building located on the same lot.
USE, ASSEMBLY. Land or premises used to facilitate people coming together for a common purpose. Examples of assembly uses include religious assembly (i.e., houses of worship) and public assembly (e.g., entertainment, education).
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ARTICLE 3: ESTABLISHMENT OF DISTRICTS
§ 9-5.301 DISTRICTS ESTABLISHED AND DEFINED.
(A) RE Rural Estate Residential District.
(1) This district is consistent with the General Plan Designation of Estate Residential, allowing up to one dwelling units per gross developable acre according to divisions (a) through (c), as well as within any Focused Planning Area designated by the General Plan that permits residential development allowing up to one dwelling unit per gross developable acre.
(a) A gross developable acre equals 43,560 square feet, exclusive of public and private rights-of-way existing at the time a development application for the subject property is deemed complete.
(b) New public or private rights-of-way to be created as part of the proposed development are counted as part of the gross developable acreage of the site. (c) Where a park or school site is to be dedicated as part of a proposed application, the land subject to such dedication may be counted as part of the gross developable acreage of the site, and subsequently yield development density to the proposed project, only if there is no further compensation for the site. (2) This district establishes areas for single-family homes on lots that average one- half acre or larger on land that is relatively uneven and constrained by geologic formations, a lack of urban services and unique environmental constraints. Where natural features dictate, clustering of units is appropriate. (B) RR Rural Residential District. This district is consistent with the General Plan Designation of Estate Residential allowing up to one dwelling units per gross developable acre, as well as with any Focused Planning Area designated by the General Plan that permits residential development, allowing up to one unit per gross developable acre, allowing large custom-built homes on large lots. Typical lot sizes should conform to a minimum of one unit per half acre lot. Lot size and dimensions will depend on topography and surrounding land uses. The district provides areas in close proximity to urban services which may incorporate many characteristics of residential development on the urban fringe including deep front yards, maintenance of existing grade and vegetation.
(C) R-4, R-6 Single-Family Residential Districts.These districts are the standard single-family zones allowing a maximum of four (R-4 District) or six (R-6 District) dwelling units per gross acre respectively. The districts are consistent with the Low Density Residential General Plan Designation, of two to four dwelling units per gross developable acre, and with the Medium-Low Density Residential General Plan Designation of four to six dwelling units per gross developable acre. The R-4 district is also consistent with any Focused Planning Area designated by the General Plan A6
permitting single family residential development up to four dwelling units per gross developable acre. The R-6 district is also consistent with any Focused Planning Area designated by the General Plan permitting single family residential development up to six dwelling units per gross developable acre.
(D) R-10 Medium Density Residential District. This district allows residential densities for attached single-family and multiple-family units. This district is consistent with the Medium Density Residential General Plan Designation which allows six to 10 dwelling units per gross developable acre. Typical development would include attached and/or cluster-type, ownership, oriented units including some with private yards and common recreation areas.
(E) R-20 Medium Density Residential District. These districts allow multiple-family densities up to 20 dwelling units per gross developable acre respectively. The districts are consistent with the High Density Residential General Plan Designation of up to 35 dwelling units per gross developable acre and with any Focused Planning Area designated by the General Plan. Higher densities may be allowed where measurable community benefit is to be derived such as the provision of senior housing or low to moderate income housing units as specified within this chapter and pursuant to applicable requirements of state law.
(F) R-25 High Density Residential District. This district allows multiple-family development at a minimum density of 20 and a maximum density of 25 dwelling units per gross acre. This district is consistent with the High Density Residential General Plan Designation of up to 35 dwelling units per gross developable acre and with any Focused Planning Area designated by the General Plan. Higher densities may be allowed where measurable community benefit is to be derived, such as the provision of senior housing or low or moderate income housing units as specified in this chapter and pursuant to applicable requirements of state law. Typical development would include multiple-family dwellings on sites that create an attractive and high-quality living environment and include amenities such as usable open space. (G) R-35 High Density Residential District. This district allows multiple-family development at a minimum of 25 and maximum of 35 dwelling units per gross acre. This district is consistent with the High Density Residential General Plan Designation of up to 35 dwelling units per gross developable acre and with any Focused Planning Area designated by the General Plan. Higher densities may be allowed where measurable community benefit is to be derived, such as the provision of senior housing or low to moderate income housing units as specified in this chapter and pursuant to applicable requirements of state law. Typical development would include multiple- family dwellings on sites that create an attractive and high-quality living environment and include amenities such as usable open space.
(H) C-0 Professional Office District. This district allows development of business office centers and institutional or professional buildings. This district is consistent with the Office, Neighborhood/Community Commercial, Regional Commercial, and Transit- A7
Oriented Development General Plan Designations, as well as with Focused Planning Areas permitting professional office uses.
(I) C-1 Convenience Commercial District.This district usually occupies one to four acres of area and contains a mix of retail uses that provide goods and services to the immediate residential neighborhood area. These uses typically have a service area of a one-mile radius or less.
(J) C-2 Neighborhood/Community Commercial District.This district allows limited commercial offices, retail stores and service establishments which are compatible with, and dependent upon residential developments. The neighborhood district may typically occupy four to 10 acres of area and be located at appropriate arterial and/or collector street intersections. The primary purpose of the Neighbor-hood Commercial District is to provide for the sale of convenience goods, food, drugs, sundries and personal necessities. It meets the daily needs of the neighborhood area of a one to three mile radius. Usually one supermarket is the primary anchor. The Community Commercial District provides for both neighborhood uses and adds a junior department store, large variety store, or discount store as an anchor. This district may occupy 10 acres or more and serves residents within three to five miles. This district is consistent with the Neighborhood/Community Commercial and Transit-Oriented Development General Plan Designations, as well as with Focused Planning Areas permitting commercial land use types.
(K) C-3 Regional Commercial District.This district provides for retail and service commercial uses of a regional nature, including those in and adjacent to large centers with one or more full-time department stores with a typical minimum of 75,000 square feet of floor area. Regional commercial uses typically serve a population residing within an eight to 20-mile radius and occupy 30 to 50 acres or more. This district also provides for highway or travel-oriented functions along freeways, major thoroughfares, and major roadways. This district is consistent with the Regional Commercial, and Transit-Oriented Development General Plan Designations, as well as with Somersville Road Corridor Focused Planning Area and other Focused Planning Areas permitting the types of commercial uses intended for this district.
(L) M-1 Light Industrial District.This district allows light industrial uses and excludes those heavy industrial uses with potentially hazardous or negative effects. This district is consistent with the Business Park, Light Industrial, and Rail-Served Industrial General Plan Designations, as well as with the Eastern Waterfront, SR-4/SR-160 Business Park, and East Lone Tree Focused Planning Areas. Uses include the fabrication, assembly, processing, treatment, or packaging of finished parts or products from previously prepared materials typically within an enclosed building. (M) M-2 Heavy Industrial District. This district allows heavy industrial uses which may generate adverse impacts on health or safety. This zone applies primarily to existing heavy industrial uses. The district is consistent with the General and Rail-Served Industrial General Plan Designations. Uses include production of and extraction of metals or chemical products from raw materials, steel works and finishing mills, A8
chemical or fertilizer plants, petroleum and gas refiners, paper mills, lumber mills, asphalt, concrete and hot mix batch plants, power generation plants, glassworks, textile mills, concrete products manufacturing and similar uses. (N) PBC Planned Business Center. This district provides sites in landscaped settings for office centers, research and development facilities, limited industrial activities (including production and assembly, but no raw materials processing or bulk handling), limited warehouse type retail and commercial activities, and small-scale warehousing distribution. Individual business centers would have a common architectural and landscape treatment, while architectural variation is encouraged between centers. The district is consistent with the Business Park and Light Industrial General Plan Designations, as well as with the Somersville Road Corridor, Eastern Waterfront, SR- 4/SR-160 Business Park, and East Lone Tree Focused Planning Areas. (O) T Manufactured Housing Combining District.This combining zone provides a district designation which shall be applied to land uses such as manufactured housing or trailer park uses, establish rules and regulations by which the city may regulate standards of lot, yard, and park area, landscaping, walls or enclosures, signs, access, and vehicle parking in relation to mobile home or trailer parks pursuant to the powers granted to the city under the California Health and Safety Code, and name the Commission as its agent for executing the provisions of this section. The provisions of this section shall apply to travel trailer parks, recreational trailer parks, and temporary trailer parks or tent camps, unless specifically exempted by Cal. Health and Safety Code Part 2 of Division 13 or by the provisions of this chapter. This combining zone is consistent with all principal zones to which it is attached. (P) P-D Planned Development District. This district accommodates various types of development, such as neighborhood and district shopping centers, professional and administrative offices multiple housing developments, single-family residential developments, commercial service centers, and industrial parks, or any other use or combination of uses which are appropriately a part of a planned development. This district is intended to enable and encourage flexibility in the design and development of land so as to promote its most appropriate use; to allow diversification in the relationship of various uses, structures, and space; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic qualities of open space; to offer recreational opportunities convenient to residents to enhance the appearance of neighbor-hoods through the preservation of natural green spaces; and to counteract the effects of urban con-gestion and monotony. The minimum area required for the establishment of a residential Planned Development shall be three contiguous acres of land and the minimum area for an exclusively non-residential Planned Development shall be one contiguous acre of land.
(Q) HPD Hillside Planned Development District.This district is similar to the Planned Development District. The purpose of this zone is to assure the preservation of the predominant hillsides, ridges, ridgelines, and other natural features and land forms by promoting a more harmonious visual and functional relationship between the existing natural environment and the needs of a growing community.
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(R) OS Open Space/Public Use District.This district allows undeveloped public open space and areas for public use where shown on the General Plan and in Specific Plans.
This zone also can apply to public utility easements for electrical lines, gas lines and canals to prevent encroachment by urban development. This district is consistent with the Public/Institutional and Open Space General Plan Designations, as well as within Focused Planning Areas.
(S) MCR Mixed Commercial/Residential District.This district allows retail, office, and residential uses to exist in a compatible manner through the use of special design standards. The intent is to allow uses that do not contribute to the furthering of a commercial strip pattern. This district is compatible with the Transit-Oriented Development, General Plan Designation, as well as with Focused Planning Areas that permit mixed use development.
(T) DSP Downtown Specific Plan District.This district applies to the area contained within the Downtown Specific Plan planning area, adopted by the City Council on February 13, 2018, as amended. Properties with this designation are subject to the land use regulations, development standards, and other policies contained within the Downtown Specific Plan. For general matters not specifically addressed in the Downtown Specific Plan, this code shall apply.
(U) WF Urban Waterfront District.This district applies specifically to the Rivertown/Urban Waterfront and Eastern Employment Area Focused Planning Areas shown on the General Plan. Uses could include a mix of commercial and industrial uses generally restricted to those which are thematically compatible with a waterfront setting.
Water related uses include marinas, and boat sales, and maintenance in conjunction with a marina and compatible public uses. This district is consistent with the Urban Waterfront General Plan Designation Retail uses could include restaurants commercial, recreation, and other water oriented uses. Public open space, walkways and other elements are also allowed to provide access to the river. (V) H Hospital/Medical Center Overlay District.This overlay district is intended to protect the Delta Memorial Medical Center area of influence from potentially incompatible land uses to and allow for the expansion of medical services. Compatible uses include medical offices, medical supply and retail sales, laboratories and medical related housing (short and long term care). This overlay zone is consistent with the Delta Memorial Medical Center General Plan Overlay Designation. (W) MUMF Mixed Use Medical Facility District.This district accommodates medical office buildings, hospitals/acute care facilities, ancillary medical and other complementary uses including professional office, retail (as support to the medical facilities, such as restaurants, convenience shops, and the like) residential (including congregate or convalescent care), parking structures and helicopter pads. Non-medical uses are not permitted unless they are compatible with medical uses, but are otherwise not required with medical uses. The minimum area required for the establishment of a Mixed-Use Medical Facility District shall be one contiguous acre of land.
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(X) SH Senior Housing Overlay District.
(1) This overlay district provides additional densities beyond the minimum required by state law for senior housing projects that include increased percentages for elderly and/or affordable units.
(2) The Senior Housing Overlay District may be combined with any residential zoning district. The senior housing density bonus applies to housing developments consisting of five or more dwelling units.
(3) The Senior Housing Overlay District applies only to projects zoned with the overlay district prior to the effective date of this section. (Y) S Study District.This district is intended as an interim designation which is utilized until all necessary detailed land use studies are completed for a given area. This district is most appropriately applied to properties at the time that they are prezoned prior to annexation by the city.
(Z) SP Specific Plan District. This district is intended to provide a base designation to further implement the goals, objectives, and policies of the General Plan with respect to specific areas and uses which, because of their unique character, require a more comprehensive and intense evaluation and planning effort. This district will apply to individual parcel(s) only after the adoption of a specific plan by the City Council, pursuant to Government Code § 65450et seq.Within the SP zoning district, permitted uses and development standards shall be as specified in the adopted Specific Plan. (AA)TOD Transit-Oriented Development District.This district is intended to provide for a mix of high-density uses that are oriented toward rail or bus transit stations within and adjacent to the city. This district thus accommodates development of an integrated mix of residential, commercial, and employment-generating uses as appropriate in both horizontal mixed-use (different types of uses located in adjacent buildings) and vertical mixed-use (different types of uses within the same building) patterns. (BB)RRMP Roddy Ranch Master Plan District.This zoning designation applies to the Roddy Ranch Focus Area, as described and defined in the General Plan. This district accommodates various types of development, consistent with the General Plan, including residential, neighborhood and district shopping centers, visitor serving commercial uses as well as significant open space and recreational uses. This district is intended to enable and encourage flexibility in the design and development of the land, pursuant to a discretionary non-legislative final development plan prepared according to the regulatory zoning requirements described in this article, so as to promote its most appropriate use in the context of Roddy Ranch’s unique natural qualities and existing recreational uses.
(CC) ES Emergency Shelter Overlay District.This overlay district provides sites suitable for the development of emergency shelters. It allows emergency shelters by right when they are developed in accordance with a set of standards and requirements.
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The allowance for emergency shelters supersedes any land use regulation for shelters of the base zone; otherwise, all regulations of the base zone apply. (DD) CB Cannabis Business Overlay District. This overlay district provides sites suitable for the establishment of a cannabis business when compatible with the underlying zoning designation and upon approval by the City Council. (EE)CIH Commercial Infill Housing Overlay District.This overlay district provides sites suitable for the development of high-quality medium-and high- density residential mixed- use projects on infill sites in commercial areas of the city when compatible with the Commercial Infill Housing description in the Land Use Element of the Antioch General Plan. This overlay district allows residential development at a minimum of 12 dwelling units per gross acre. This overlay district is consistent with the Commercial Infill Housing General Plan description.
(FF) IH Innovative Housing Overlay District. This overlay district facilitates affordable housing development on sites currently developed with religious assembly uses.
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ARTICLE 6: HEIGHT AND AREA REGULATIONS AND TABLE
§ 9-5.601 HEIGHT AND AREA REGULATIONS.
The following chart and text are adopted as the city’s basic height and area regulations. First find the appropriate zoning district on the left hand side of the table.
Read across the chart opposite the specific zone in question and the height or area requirement for that zone, or a letter, will appear in the appropriate column. If a letter appears in any cell, it refers to the, requirement listed in the footnotes following the table.
Table 9-5.601 Height, Area & Setback Regulations for Primary Structure A13
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ARTICLE 7: MULTI-FAMILY RESIDENTIAL OBJECTIVE DESIGN
STANDARDS
§ 9-5.701 PURPOSE AND APPLICABILITY.
Multi-family Residential Objective Design Standards apply to residential mixed use and multiple-family dwellings in any district in which they are permitted or conditionally permitted, except for projects in the CIH Overlay, which are subject to § 9-5.3848 Commercial Infill Housing Overlay District regulations, and cottage communities in the IH Overlay, which are subject to § 9-5.3850 Innovative Housing Overlay District regulations.
Multi-family Residential Objective Design Standards shall be adopted by resolution and may be amended from time to time. The purpose of these regulations is to promote high- quality design and provide a pleasant residential environment within the context of higher- density development; ensure the provision of amenities for residents of multi-family developments; foster pedestrian access; and create visually attractive street frontages that offer architectural and landscape interest.
§ 9-5.702 PROCEDURES.
The Planning Commission may allow modifications to the dimensional requirements, design standards, and other requirements of the Multi-family Residential Objective Design Standards and IH Overlay District regulationswhen so doing is consistent with the purposes of the General Plan and the district and would, because of practical difficulties, topography, and similar physical conditions, result in better design, environmental protection, and land use planning. The Zoning Administrator may review and approve modifications that are requested because a lot is substandard. All other modifications shall require Planning Commission approval. All modifications under this section shall be processed as use permits pursuant to the procedures of Article 27 of this Code. (A) Required findings for approval. In addition to any findings required by § 9-5.2703 of this Code, the Administrator or the Planning Commission may only approve a modification to the requirements of this article based on the following findings:
(1) The project is consistent with the General Plan and any applicable area or specific plan.
(2) The modification meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations. (3) The modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance including the architectural or historical significance of the structure, and building or site features that will demonstrably reduce use of nonrenewable energy resources or greenhouse gas emissions.
(4) There are no alternatives to the requested modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.
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(5) The granting of the requested modification will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this chapter. (6) If the modification is requested because it will result in superior or more sustainable design, the review authority must also make the following findings:
(a) The proposed design is of superior quality or is intended to incorporate features that would demonstrably reduce use of nonrenewable energy resources or greenhouse gas emissions;
(b) The structure is an existing residential building and the alteration or addition is intended to increase the habitability and function of the structure, is compatible with the existing neighborhood character, will not substantially interfere with the privacy, sunlight, or air available to neighboring residential uses; and
(c) The proposed design has been reviewed and approved pursuant to Article 26:
Design Review Duties and Responsibilities, of this chapter. (B) Conditions of approval. In approving a modification, the Planning Commission may impose reasonable conditions deemed necessary to:
(1) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; (2) Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the project is located;
(3) Achieve the findings for a modification granted; or (4) Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act. (C) Appeals, expiration, extensions, and modifications. (1) Appeals. The applicant or any other aggrieved party may appeal a decision on a modification in the same manner as a use permit as provided for in Article 27, Design Review, Use Permits, Administrative Use Permits and Variances. (2) Expiration, extensions, and modifications. Modifications granted under this chapter are effective and may only be extended or modified as provided for in Article 27. (D) Applicability. These procedures are not applicable to a project that is entitled to a density bonus concession or waiver pursuant to Article 34, Senior Housing Overlay District, or Article 35, Density Bonus Program, of this Code and may not be used to approve an increase in maximum density or reduction in required parking or to approve a use that is not permitted on the site proposed for development. *********************************************************************************
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ARTICLE 17: PARKING REQUIREMENTS
§ 9-5.1701 PURPOSE.
The specific purposes of the off-street parking and loading regulations are to:
(A) Ensure that off-street parking and loading facilities are provided for new land uses and for enlargements of existing uses in proportion to the need for such facilities created by each use.
(B) Establish parking standards for commercial uses consistent with need and with the feasibility of providing parking on specific commercial sites. (C) Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and where appropriate, insulate surrounding land uses from adverse impacts.
(D) Contribute to a balanced transportation system with a choice or transit, bicycle, pedestrian, and private automobile modes.
(E) Encourage the use of bicycles by providing safe and convenient places to park bicycles.
(F) Facilitate the development of common parking area that serve multiple establishments or uses.
(G) Minimize the area of land consumed by parking by allowing reductions to the number of required spaces near major transit stations, for uses with lower parking demand characteristics, and for shared parking facilities serving uses with different peak demand times.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2089-C-S, passed 6-24-14) § 9-5.1702 BASIC REQUIREMENTS.
(A) At the time of initial occupancy of a site, construction of a structure, or alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with the regulations prescribed in this chapter. Any building or structure moved from one lot to another shall provide parking as required for a new building.
(B) The number of additional parking spaces or loading berths required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be provided before the alteration, enlargement, or change of occupancy is allowed. (C) If more than one use is located on a site other than a shopping center, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the required spaces prescribed for each use, with the following exception:
(1) Shared parking is permitted when residential land uses are added to sites A21
currently developed with religious assembly uses per § 9-5.1704(F). (D) Off-street parking and loading facilities required by this article for any use shall not be considered as providing parking spaces or loading berths for any other use except where a shared parking arrangement applies or a joint facility exists, including shared parking for residential and religious assembly uses per § 9-5.1704(F). Such a facility shall contain not less than the total number of spaces or berths as required individually, or fewer spaces may be permitted where adjoining uses on the same site have different hours of operation and the same parking spaces or loading berths can serve both without conflict, according to the procedures and required findings of §9-5.1704, Parking Reductions. (E) Parking ratios for shopping center uses shall assume 90% of the available spaces are located at the front of a building. No more than 10% of the required parking is to be provided at the rear of a building and this parking should be designated and enforced as employee parking.
(F) If, in the application of the requirements of this chapter, a fractional number is obtained, one parking space or loading berth shall be required for a fraction of more than one-half, and no space or berth shall be required for a fraction of one-half or less. (G) Any off-street parking specifically required for a given use shall be without charge. (H) Off-street parking must be located on the same site as the use it serves, except where off-site parking has been approved according to the procedures and standards of § 9-5.1705, Off-Site Parking Facilities.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2089-C-S, passed 6-24-14) Penalty, see §9-
5.2904
§ 9-5.1703 [RESERVED].
§ 9-5.1703.1 OFF-STREET PARKING REQUIREMENTS BY USE
(A) Off-street motor vehicle parking spaces shall be provided according to the following table. Each land use shall be provided with at least the number of off-street parking spaces stated in the table.
(B) When the table does not list a proposed use, the Zoning Administrator shall determine the most appropriate equivalent use and the number of parking and loading spaces required. In order to make this determination, the Zoning Administrator may require the submission of survey data from the applicant or direct a study to be conducted at the applicant’s expense. The Administrator’s determination may be based on the most recent data published by the Institute of Transportation Engineers or comparable analyses.
TABLE: 9-5.1703.1: OFF-STREET PARKING REQUIRED
Use Classification Off-Street Parking Spaces
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RESIDENTIAL
Multi-family residential 1.5 spaces per unit up to 2
bedrooms; one space to be
covered
2 spaces per unit = 3
bedrooms; one space to be
covered plus 1 space per
5 units for guest parking
(Applies to all multi-
family units)
Convalescent facilities 1 per 2 residents
Single-family residential (attached) 2 spaces per unit, one of which must be covered, plus
1 space per 5 units for guest
parking
Single-family residential (detached) 2 spaces per unit in a garage, plus one guest parking space
on the street within close
proximity to the unit served
Elderly residential (Senior Housing Overlay)A .75 covered space per unit, plus guest parking as
determined during project
review
Accessory Dwelling Units and Junior Accessory Dwelling
Units
See § 9-5.3805
Cottage Communities 1 space per unit. May be
shared with religious
assembly use
PUBLIC AND SEMI-PUBLIC
Clubs and lodges 1 per 100 sq. ft. of floor area
which is used for assembly
purposes
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Emergency shelters 1 space per employee on the
largest shift plus 0.30 spaces
per bed
Day care, general and preschools 1 per employee on the largest shift plus 1 per 8 children
Government offices 1 per 250 sq. ft. of gross floor
area
Hospitals 1 per bed, plus 1 space per
employee on the largest shift
Maintenance and service facilities 1 per 400 sq. ft. of gross floor area
Park and Recreation Facilities As specified by zoning
permit or use permit for
private facilities based upon
I.T.E. studies
Public Safety Facilities As specified by use permit
Religious assembly 1 per 4 fixed seats, and/or 1
per 50 sq. ft. of seating area if
there are no fixed seats
Schools, public or private As specified by use permit,
as per I.T.E. studies
Utilities, major As specified by use permit,
as per I.T.E. studies
COMMERCIAL/RETAIL/OFFICE
Ambulance services 1 per ambulance, plus 1 per
employee on the largest shift
Animal sales and services:
Animal boarding 1 per 400 sq. ft. of gross floor
area
Animal grooming 1 per 400 sq. ft. of gross floor
area
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Animal hospitals (veterinary clinic) 1 per 250 sq. ft. of gross floor area
Artists’ studios 1 per 1,000 sq. ft. of gross
floor area
Banks and savings and loans: 1 per 250 sq. ft. of gross floor area
Drive-up service Queue space for 5 cars per
teller
Building materials and services; hardware 1 per 300 sq. ft. of sales floor area; plus 1 per 1,000 sq. ft.
of outdoor storage and/or
interior warehouse area
Chapels and mortuaries 1 per 3 seats and/or; 1 per 50
sq. ft. of seating area if no
fixed seats
Commercial recreational and entertainment:
Bowling alleys 6 per lane
Electronic game centers 1 per 2 machines
Golf courses 4 per each hole, plus 1 per
200 sq. ft. of floor area
Gymnasium 1 per 100 sq. ft. of floor area
Skating rinks 1 per 3 fixed seats, and/or 1
per 50 sq. ft. of seating area if
there are no fixed seats; plus
1 per 75 sq. ft. of floor area
for skating
Swimming pools 1 per 150 sq. ft. of pool area
Tennis and racquetball clubs 4 per court
Theaters 1 per 3 fixed seats, and/or 1
per 35 sq. ft. of seating area if
there are no fixed seats
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Other commercial recreation and entertainment As specified by the Zoning Administrator, as per I.T.E.
studies
Computer gaming and internet access business As specified by use permit and required parking study
(§9-5.3835)
Eating and drinking establishments: 1 per employee on the largest shift
General restaurant 1 per 3 seats
Cocktail lounge/bar 1 per 2.5 seats
Fast food 1 per 50 sq. ft. of gross floor
area for public seating plus
queue space for 6 cars if
drive-up service provided
With outdoor seating 1 additional space per 3 seats
Take-out only/no seating 1 per employee on the largest
shift plus additional spaces as
determined by the Zoning
Administrator
Gas station/ service station B 2 per service bay plus 1 per employee on the largest shift;
with no less than 4 parking
spaces provided
Gymnasium 1 per 100 sq. ft. of floor
space
Health clubs 1 per 200 sq. ft. of floor
space
Nurseries 1 per 1,000 sq. ft. of outside
display and/or interior
warehouse area, plus 1 per
300 sq. ft. of sales floor area
Offices, business, and professional 1 per 250 sq. ft. of gross floor area
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Offices, medical and dental 1 per 225 sq. ft. of gross floor area
Music or dance studio, martial arts training or similar facility1 per 250 sq. ft. of gross floor area
Mini-storage 1 per 100 rental units plus 1
per caretaker
Personal services (barber shop, beauty shop) 2 spaces per chair Recycling facility:
Large collection 6 spaces per facility
minimum
Processing facility 10 spaces per facility
minimum
Research and community development 1 per 250 sq. ft. of gross floor area
Retail sales not listed under another use classification 5 spaces/1000 sq. ft. of gross floor area
Shopping center 5 spaces/1000 sq. ft. of gross
floor area
Furniture and appliance stores, households equipment, and furniture repair and warehouse sale
1 per 400 sq. ft. of gross floor
area
Automobile rentals 1 per 4,000 sq. ft. of outdoor
area plus 1 per rental vehicle
Automobile washing:
Fully automated 7 spaces outside washing
area
Coin-operated 1 queuing space per bay
Vehicle/equipment repair 4 per service bay or 1 per 225 sq. ft. of gross floor area
whichever is greater
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Vehicle/equipment sales and rentals, and other outdoor storage 1 per 4,000 sq. ft. of outdoor display area
Visitor accommodations:
Bed and breakfast inns 1 per guest room; plus 2
spaces
Hotels, motels and time share facilities 1 per guest room; plus 1 per employee on the largest shift
and one per 50 sq. ft. of
banquet or conference seating
area
Warehousing, distribution, storage 1 per 1,000 sq. ft. of gross floor area
INDUSTRIAL
Light manufacturing 1 per 400 sq. ft. of gross floor
area
Heavy manufacturing 1 per employee on the largest
shift
AParking for senior housing projects may be reduced during project review to less than 0.75 space per unit based upon residents’ ages and vehicle ownership patterns and must be documented by studies prepared by the project proponents, according to the procedure and findings in § 9-5.1704, Parking Reductions.
BFor a service station combined with a food mart, one space per 250 square feet of retail sales area shall be provided (office and bathroom areas may be excluded from calculations) in addition to the required employee parking, and service bay parking, if any. In no case shall there be less than four spaces provided for a service station or six spaces provided for a service station combined with a food mart. If combined with a towing service, in addition to the above requirements, one additional space per towing vehicle shall be provided at the rear of the site.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 930-C-S, passed 7-29-97; Am. Ord. 1064-C-S, passed 12-13-05; Am. Ord. 2075-C-S, passed 11-26-13; Am. Ord. 2089-C-S, passed 6-24- 14) Penalty, see § 9-5.2904
§ 9-5.1704 PARKING REDUCTIONS.
(A) Purpose. The purpose of this section is to establish procedures and criteria for allowing reductions to the number of required automobile parking spaces for projects that A28
are anticipated to generate lower-than-usual parking demand due to factors such as proximity to major transit stops and stations, the characteristics of the use, or implementation of transportation demand management measures, as well as for shared parking facilities serving uses with different peak demand times. These provisions are also intended to allow modifications to parking standards when necessary to preserve the architectural or historical character of a structure or property. (B) Qualifying projects.Reduced parking requirements may be considered for the following types of projects:
(1) Senior housing.The required parking for a senior housing development may be reduced below the normally required 0.75 spaces per dwelling unit for projects anticipated to generate lower parking demand due to vehicle ownership patterns of the residents and/or characteristics of the project (e.g., proximity to commercial services, proximity to public transportation systems).
(2) Shared (joint) parking facilities.Parking facilities that are cooperatively established and operated to serve multiple uses and these uses generate parking demands primarily during hours when the remaining uses are not in operation. (a) The addition of residential units to religious assembly sites shall be deemed an appropriate use case for shared parking facilities.
(3) Transit-supportive development.Residential or mixed-use projects that contain no more than 50 dwelling units and are located within one-half mile of a major transit stop. (4) Infill sites.Residential or mixed-use projects that contain no more than 30 dwelling units and are located on infill sites.
(5) Uses near public parking facilities.Uses located within one-quarter mile of a publicly accessible parking facility, the use of which is not limited to a specific business or activity during the use's peak parking demand. Such parking facilities shall meet the requirements of § 9-5.1705, Parking Location/Off-Site Parking Facilities. (6) Projects incorporating TDM measures.Projects for which the developer proposes a set of transportation demand management (TDM) measures-such as rideshare programs, shuttle services, bicycle trip-end facilities, staggered work shifts, and telecommuting programs-projected to reduce parking demand generated by the use. Such projects shall be required to document the implementation and impacts of such programs, as described in division (E), Monitoring of TDM Programs, below. (7) Historic structures. Projects for which allowing a reduction in the number of required spaces (and/or modifications to dimensional requirements for parking areas) will facilitate the re-use of an existing building that is an historic resource as defined by the State Public Resources Code or is a designated historic building. (C) Procedure.A request for a reduction to the number of parking spaces consistent with the requirements of this section shall be processed as a use permit, according to the procedures of Article 27., except for residential development on religious assembly sites, which is regulated according to division (F).Any parking reduction that is not in A29
accordance with this section (i.e., is not a qualifying project pursuant to divisions (B) or (F) or cannot meet the findings for approval in division (D)) shall require a variance. (1) Application materials.In addition to other application materials required for the consideration of the use permit, the Zoning Administrator may require submission of a parking demand study prepared by an independent traffic engineering professional approved by the city that substantiates the basis for granting a reduction in required parking spaces.
(2) Parking demand study. In order to evaluate a proposed project's compliance with the required findings for approval, the Zoning Administrator may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces and includes any of the following information:
(a) Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use.
(b) A survey of existing on-street and on-site parking within 350 feet of the project site.
(c) Parking requirements for the net change in square footage and/or change in use, based on the requirements of § 9-5.1703.1, Off-Street Parking Requirements by Use. (d) Estimated net change in parking demand between existing and proposed development, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE) or other sources. If appropriate parking demand studies are not available, the city may require the applicant to conduct a parking demand survey of a development similar to the proposed project.
(e) Comparison of proposed parking supply with parking requirements and net change in parking demand.
(f) A shared parking analysis, as appropriate.
(g) A description of proposed transportation demand management measures, such as preferential carpool spaces, telecommuting or staggered work shifts, provision of transit passes or other transit incentives for residents or employees, incorporation of spaces for car share vehicles, bicycles, or other measures that will result in reduced parking demand. (h) Other information as required by the city.
(D) Required findings for approval. Except as outlined in division (F), Iin addition to the required findings for approval of any use permit in § 9-5.2703, Required Findings, an application for a use permit for a parking reduction may only be approved if the Zoning Administrator or the Planning Commission makes all of the findings of this section that are applicable to the particular project, as stated.
(1) All projects.For any project for which a parking reduction is requested, the Zoning Administrator or the Planning Commission must make all of the following findings based on information in the record:
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(a) The use will adequately be served by the proposed parking; (b) Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area; and (c) If required, a parking demand study prepared by an independent traffic engineering professional approved by the city supports the proposed reduction. (2) Shared (joint) parking.Where a shared parking facility serving more than one use is proposed, the Zoning Administrator or Planning Commission may only approve a parking reduction if it finds that:
(a) The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces; (b) The proposed shared parking to be provided will be adequate to serve each use; (c) A written agreement between landowner(s) and the city, in a form satisfactory to the City Attorney, has been submitted to and approved by the Zoning Administrator. This agreement shall be in a form capable of and subject to being recorded to constitute a covenant running with the land and shall include:
1. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking;
2. A guarantee among the landowner(s) for access to and use of the shared parking facilities;
3. A provision that the city may require parking facilities in addition to those originally approved upon a finding that adequate parking to serve the use(s) has not been provided; and
4. A provision stating that the agreement shall not be modified or terminated without the approval of the Community Development Director and City Attorney. (3) Other parking reductions.For applications for a parking reduction that do not involve a shared parking facility, the Zoning Administrator or Planning Commission may only approve a use permit if it finds that special conditions-including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program-will reduce parking demand at the site below the level of the normal requirement. (E) Monitoring of TDM programs.Any project that is granted a parking reduction on the basis of TDM measures that will be incorporated to reduce parking demand shall submit an Annual Status Report to the city. The report shall be in a manner prescribed by the Zoning Administrator, and shall describe the implementation and maintenance of TDM measures and the parking demand generated by the project. Annual Status Reports will be reviewed to determine if property owners have implemented and/or maintained the TDM program. City staff may request auditable documentation to determine compliance.
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(1) Revocations.A use permit issued to allow a parking reduction may be revoked by the Planning Commission according to the procedure in § 9-5.2707.1, Violation, Revocation, Fine.
(2) After holding a hearing, the Planning Commission may revoke or modify the use permit for a parking reduction if any one (or more) of the following findings are made:
(a) The use permit was obtained by misrepresentation or fraud. (b) The land use for which the permit was granted has ceased or has been suspended for six or more consecutive calendar months.
(c) The conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation.
(F) Residential development on religious assembly sites. Notwithstanding divisions (C) and (D), parking reductions and shared parking arrangements are permitted for religious assembly sites to accommodate residential development of four or more units as outlined below.
(1) Qualification.
(a) The proposed housing development must be located on or adjacent to the religious-use parking.
(b) A religious institution must own the site (whether directly, through a wholly owned company or corporation, or through an affiliated or associated nonprofit public benefit corporation), or the religious institution must have entered into an agreement or transaction (including a land sale) with a housing developer. (c) The housing development project must meet at least one of the following - criteria:
1. Rent or sell at least 5 percent of units, excluding any density bonus, at amounts affordable to very low-income households for at least 20 years.
2. Rent or sell at least 10 percent of units, excluding any density bonus, at amounts affordable to low-income households for at least 20 years.
3. Meet one of the criteria in California Government Code Section 65915(b)(1)(C) through § 65915(b)(1)(G), inclusive, also known as State Density Bonus Law. (c) Consistent with California Government Code Section 65915(c)(3), the housing development project must replace eligible on-site rental housing units that are demolished or removed.
(2) Existing parking. The curing or correcting of nonconforming religious assembly parking is not required unless there is a threat to public health and safety.
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(3) Parking reduction. The number of existing religious assembly parking spaces on- site may be eliminated by up to 50 percent to accommodate the construction of the residential development. The remaining parking may be shared by the religious assembly use and residential use. If the post-construction parking accommodates at least one on- site parking space per residential unit, no parking studies are required and the City shall ministerially approve the parking reduction and shared parking agreement. (a) A parking ratio of less than one parking space per residential unit may apply in certain cases, such as for sites are within one-half mile walking distance of a major transit stop, consistent with California Government Code Section 65913.6(f)(3). (b) Development projects that remove more than 50 percent of the existing religious assembly parking are only permitted if the remaining parking meets the required off-street parking for religious assembly uses.
(4) Shared (joint) parking.Any shared parking agreements shall be shared in writing with the Zoning Administrator and shall include:
(a) A guarantee that there will be no substantial alteration beyond the approved uses that will create a greater demand for parking;
(b) A guarantee among the landowner(s) for access to and use of the shared parking facilities; and
(c) A provision stating that the agreement shall not be modified or terminated without the approval of the Community Development Director. (5) Additional reductions.Eligible projects may request additional parking reductions to allow parking ratios less than one space per unit either:
(a) Pursuant to this article (e.g., senior housing, transit-supported development, projects incorporating TDM measures, etc.) and in adherence with the requirements and procedures of divisions (C) through (E), or
(b) Pursuant to State Density Bonus Law and in adherence with the requirements and procedures of Article 35.
(Ord. 2089-C-S, passed 6-24-14)
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ARTICLE 38: LAND USE REGULATIONS
§ 9-5.3801 SUMMARY OF ZONING DISTRICTS.
The following is a summary of all zoning districts. (Note: The Study District (S) is not included in the proceeding chart as the ultimate land uses for such a district are not determined until all necessary studies are completed and the appropriate land use designations can be applied.)
RE Rural Estate District: 0-2 du/acre
RR Rural Residential District: 0-2 du/acre
R-4 Single-Family Low Density Residential District: 2-4 du/acre R-6 Single-Family Low Density Residential District: 4-6 du/acre R-10 Medium Density Residential District: 6-10 du/acre R-20 Medium Density Residential District: 11-20 du/acre R-25 High Density Residential District: 20-25 du/acre R-35 High Density Residential District: 30-35 du/acre PBC Planned Business Center District
C-0 Professional Office District
C-1 Convenience Commercial District
C-2 Neighborhood/Community Commercial District
C-3 Regional Commercial District
SP Specific Plan
MCR Mixed Commercial/Residential District
WF Urban Waterfront District
OS Open Space/Public Use District
M-1 Light Industrial District
M-2 Heavy Industrial District
H Hospital/Medical Center Overlay District
PD Planned Development District
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HPD Hillside Planned Development District
T Manufactured Housing Combining District
SH Senior Housing Overlay District
ES Emergency Shelter Overlay District
S Study District
MUMF Mixed Use Medical Facility District
P Exclusive Parking District
CB Cannabis Business Overlay District
CB 1: The area designated as the Cannabis Business Overlay District prior to August 1, 2021. CB 1 allows the broadest range of cannabis businesses.
CB 2 Downtown Antioch: The area designated as Mixed Use within the Downtown Specific Plan. CB 2 allows storefront retail only.
CB 3 Somersville District: The area bounded by Buchanan Rd., Delta Fair Blvd., and Fairview Dr. CB 3 allows storefront retail only.
TH Transitional Housing Overlay District
CIH Commercial Infill Housing Overlay District
IH Innovative Housing Overlay District
§ 9-5.3802 INTRODUCTION TO LAND USE REGULATIONS.
(A) The charts and text in § 9-5.3803 are adopted as the city's basic land use regulations. The uses shown in this chart are divided into five groups:
(1) Residential;
(2) Public and semi-public;
(3) Commercial;
(4) Industrial; and
(5) Temporary uses.
(B) To determine in which zone a specific use is allowed:
(1) Find the use on the left hand side of the table.
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(2) Read across the chart until either a number or a letter appears in one of the columns.
(3) If a number appears, this means that the use is allowed in the zone represented by that column, but only if certain special requirements are met. The requirements applicable to that use are listed in this article. The number appearing in the zoning column corresponds to the number of the footnote.
(4) If a “P” appears in the column, the use is permitted in that zone by right. If a “U” appears in the column, a use permit is required. If an “A” appears, an administrative use permit is required which can be issued by the Zoning Administrator or designated staff. If no letter or number appears in the column, then the use is not allowed in that zone. (5) The Planning Commission shall interpret the appropriate zone for any land use not specifically mentioned in this chart and not similar to any use listed. (6) If a specific use does not appear in the chart, contact the Community Development Department for assistance.
(7) In the Hillside Planned Development (HPD), Planned Development (PD), Combining (B), Manufactured Housing Combining (T), and Senior Housing Overlay (SH) Districts use permit approval is required for all uses. (8) In the Mixed Use Medical Facility (MUF) District, a final development plan and use permit approval is required for all uses. Processing of final development plans and use permits in the MUMF District shall be as outlined in the Planned Development District (PD) section of this chapter.
(C) Legend.
P Permitted by right
U Use permit
A Administrative use permit
(—) Not allowed
(*) Regulations of base zoning district apply
(1 to 29) - See Land Use Footnotes
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**************************************************************************************************** § 9-5.3805 ACCESSORY DWELLING UNITS.
(A) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Cal. Gov’t California Government Code §§ Sections 65852.2 and 65852.22. (B) Effect of conforming.An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (C)(7) below.
(C) Definitions. As used in this section, terms are defined as follows:
(1) ACCESSORY DWELLING UNITor ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is either 1) located on a lot with a proposed or existing primary residence, or 2) located in the IH Overlay District. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined by California. Health and Safety Code §Section 17958.1; and
(b) A manufactured home, as defined by California. Health and Safety Code § Section18007.
(2) ACCESSORY STRUCTUREmeans a structure that is accessory and incidental to a dwelling located on the same lot.
(3) COMPLETE INDEPENDENT LIVING FACILITIESmeans permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. (4) COTTAGE means a small detached residential structure. A cottage may be one detached accessory dwelling unit or two accessory dwelling units attached to one another (i.e., creating a duplex or two-family dwelling).
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(5) COTTAGE COMMUNITYmeans a cluster of no fewer than three cottages (which can range from three units if each cottage is a single ADU to six units if each cottage is a two-family dwelling) that interact together as a small community and are designed with a coherent concept. Cottage communities are their own category of residential facilities and are not considered single-family or multiple-family dwellings. An existing or proposed single-family or multiple-family dwelling is not required in order to develop a cottage community.
(46) EFFICIENCY KITCHEN means a kitchen that includes each of the following:
(a) A cooking facility with appliances.
(b) A food preparation counter or counters that total at least 15 square feet in area.
(c) Food storage cabinets that total at least 30 square feet of shelf space. (57) JUNIOR ACCESSORY DWELLING UNIT or JADU means a residential unit that satisfies all of the following:
(a) Is no more than 500 square feet in size;.
(b) Is contained entirely within an existing or proposed single-family structure ;.
An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (c) Includes its own separate sanitation facilities, or shares sanitation facilities with the existing or proposed single-family structure.
(d) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(e) Includes an efficiency kitchen, as defined in subsection (C)(46) above. (8) KITCHENmeans any room or space within a building designed to be used or maintained for the cooking and/or preparation of food. Kitchens shall contain at least 15 square feet of food preparation counter space, 30 square feet of food storage space, a sink, a refrigerator, and either a cooktop and oven or a range. (69) LIVING AREA means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (710) NONCONFORMING ZONING CONDITIONmeans a physical improvement on a property that does not conform with current zoning standards.
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(811) PASSAGEWAYmeans a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (912) PROPOSED DWELLINGmeans a dwelling that is the subject of a permit application and that meets the requirements for permitting. (1013) PUBLIC TRANSIT means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(14) QUALIFIED NONPROFIT CORPORATION means an entity organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(1115) TANDEM PARKINGmeans that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (16) TENANCY IN COMMON means a legal arrangement in which two or more parties, known as tenants in common, share ownership of real estate property or land.
Each owner may control an equal or different percentages of the total property. (D) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit only.If an ADU or JADU complies with each of the general requirements in subsection division(E) below, it is allowed with only a building permit in the following scenarios:
(a) Converted on single-family lot: Only oOne ADU or and one JADU on a per lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
2. Has exterior access that is independent of that for the single-family dwelling.
3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
4. The JADU complies with the requirements of Government Code Section 65852.22.
(b) Small detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to anyADU or JADU A63
that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies the following limitations:
1. The side- and rear-yard setbacks are at least four feet.
2. The total floor area is 800 square feet or smaller.
3. The maximum height above gradeis 16 feet. does not exceed the applicable height limit in subsection (E)(2) below.
4. ADUs in the front yard shall not obstruct the clear vision zones required in § 9-5.1101 unless the only physically feasible location for the ADU requires obstructing the clear vision zone.
(c) Converted on multifamily lot:Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph. The ADU shall satisfy the following limitation:
(d) Detached on multifamily lot:No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
1. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
2. The maximum height above grade is 16 feet does not exceed the applicable height limit in subsection (E)(2) below.
(2) ADU permit.
(a) Except as allowed under subsection (1) above, no ADU, including a new- construction, detached ADU over 800 square feetor a new-construction attached ADU, may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections divisions (E) and (F) below. (b) The ADU permit processing fee is determined by the Community Development Director and approved by the City Council by resolution. (3) Cottage community permit.
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(a) Multiple ADUs are allowed as cottage communities in the IH Overlay District.
See § 9-5.3850, Innovative Housing Overlay District, for the applicable standards and procedures.
(34) Process and timing.
(a) An ADU permits, including cottage community permits, isareconsidered and approved ministerially, without discretionary review or a hearing. (b) The city must act on deny or approve an application to create an ADU, or JADU, or cottage community within 60 days from the date that the city receives a completed application, and in the absence of a denial or approval within 60 days, the applications will be deemed approved, unless either:
1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
2. In the case of an ADU or JADU and the application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(c) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(4)(b) above. (d) Demolition permits for a detached garage that is to be replaced with an ADU shall be reviewed concurrently with the ADU application and issued at the same time as the ADU permit. No written notices or signs for demolition of the detached garage are required, unless the property is located within an architecturally and historically significant historic district.
(E) General ADU and JADU requirements.The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:
(1) Zoning.
(a) An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone. (b) An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
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(2) Height.For the purposes of this section (E)(2), height is measured above existing legal grade to the peak of the structure.
(a) Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
(b) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one- half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(c) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. (d) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.
(23) Fire sprinklers.Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (34) Rental term.No ADU or JADU may be rented for a term that is shorter than 30 days.
(45) No sSeparate conveyance.An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot), except as allowed below.
(a) ADUs may be sold or separately conveyed to low- or moderate-income persons and families when the ADU or primary dwelling was developed or built by a qualified nonprofit corporation and the property is part of a recorded tenancy in common agreement, pursuant to Government Code Section 65852.26. (56) Owner occupancy.
(a) All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created. (b) An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement.
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(c) All ADUs that are created on or after January 1, 2025 are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
(dc) All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(6) Deed restriction.Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(a) The ADU or JADU may not be sold separately from the primary dwelling. (b) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(c) The deed restriction runs with the land and may be enforced against future property owners.
(d) JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(e) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(f) The deed restriction is enforceable by the Director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an A67
injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
(7) Building and safety.
(a) Must comply with building code. Subject to subsection (E)(7)(b) below, all ADUs and JADUs must comply with all local building code requirements. (b) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or a code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(7)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(78) Parking.No parking is required for an ADU or JADU unless an ADU permit is required under subsection (D)(2) above and the ADU requires parking as described in subsection (F)(65) below.
(F) Specific ADU requirements for ADU permits. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above. (1) Maximum size.
(a) The maximum size of a detached or attached ADU subject to this subsection division(F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. (b) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. (c) Application of other development standards in this subsection division(F), such as lot coverage,might further limit the size of the ADU, but no application of lot coverage limits or front setback requirementsmay require the ADU to be less than 800 square feet.
(2) Lot coverage. No ADU subject to this subsection division (F) may cause the total lot coverage of the lot to exceed 60 percent, subject to subsection (F)(1)(c) above. (3) Setbacks.The ADU must be at least four feet from rear and side property lines, at least 30 feet from the front property line, and at least 20 feet from a street-facing property line, if different from the front property line, subject to subsection (F)(1)(c) above.
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(a) No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU. (4) Height.No ADU subject to this subsection (F) may exceed 16 feet in height above grade
(54) Passageway.No passageway, as defined by subsection (C)(811) above, is required for an ADU.
(65) Parking.
(a) Generally.One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(1115) above.
(b) Exceptions.No parking under subsection (F)(65)(a) is required in the following situations:
1. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(1013) above.
2. The ADU is located within an architecturally and historically significant historic district.
3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above.
4. When on-street parking permits are required but not offered to the occupant of the ADU.
5. When there is an established car share vehicle stop located within one block of the ADU.
6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(5)(b)(1-5) above.
(c) No replacement.When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (d) Each unenclosed parking space shall be at least eight and a half feet wide and 18 feet long.
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(e) Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and a half feet vertical clearance. (76) Architectural requirements.
(a) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. (b) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(c) Fencing, landscaping, or privacy glass in the windows shall be used to provide screening between the ADU and an adjoining residential property. (d) All windows and doors in an ADU that are less than 30 feet from a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(G) Specific requirements for cottage communities. See § 9-5.3850, Innovative Housing Overlay District, for standards regarding ADUs in cottage communities. (GH) Fees.The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1), or (D)(2), or D(3) above. (1) Impact fees.
(a) No impact fee is required for an ADU or JADU, including an ADU in a cottage community, that is less than 750 square feet in size.
(b) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (Ee.g., the floor area of the primary dwelling, divided by the floor area of the ADU,the typical fee amount charged for a new dwelling.) per the requirements of § 9-3.60IMPACT FEEhere does not include any connection fee or capacity charge for water or sewer service.
1. In the case of cottage communities, proportionality is defined in § 9-
5.3850(K).
(2) Utility fees.
(a) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. (b) Except as described in subsection (H)(2)(a), Cconverted ADUs and JADUs on a single-family lot, created under subsection (D)(1)(a) above, are not required to A70
have a new or separate utility connection directly between the ADU or JADU and the utility., Nnor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home.
(c) Except as described in subsection (H)(2)(a), all ADUs that are not covered by subsection (H)(2)(b) require a new, separate utility connection directly between the ADU and the utility.
1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(I) Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs constructed before 2018.
(a) Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
1. The ADU violates application building standards, or
2. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (section 9-5.3805). (b) Exceptions.
1. Notwithstanding subsection (I)(2)(a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
2. Subsection (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. (HI) Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections divisions (A) A71
through (GH)(2) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
(Ord. 2180-C-S, passed 3-10-20) Penalty, see § 9-5.2904 **************************************************************************************************** § 9-5.3850 INNOVATIVE HOUSING OVERLAY DISTRICT.
(A) Purpose. The purpose of the Innovative Housing (IH) Overlay District is to regulate and encourage affordable housing production in new and novel ways, including expanding where residential development is permitted and the forms it may take. The IH Overlay applies to sites currently developed with religious assembly uses with unused or underutilized land. In compliance with Government Code Section 65583(c)(7), the IH Overlay District also facilitates the development of accessory dwelling units that can be offered at affordable rent.
(B) Definitions. As used in this section, terms are defined as follows:
(1) ACCESSORY DWELLING UNITor ADU means a residential dwelling unit that provides complete independent living facilities for one or more persons. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and
(b) A manufactured home, as defined by California Health and Safety Code Section 18007.
(2) AFFORDABLE HOUSINGmeans rental housing that is restricted by recorded document to provide the housing at an affordable rent, as defined in Section 50053 of the California Health and Safety Code.
(3) ASSUMED HOUSEHOLD SIZE means generally, a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. However, the assumed household size is subject to the requirements of different funding sources and may differ accordingly.
(4) COTTAGE means a small detached residential structure. A cottage may be one detached accessory dwelling unit or two accessory dwelling units attached to one another (i.e., creating a duplex or two-family dwelling). (5) COTTAGE COMMUNITYmeans a cluster of no fewer than three cottages (which can range from three units if each cottage is a single ADU to six units if each cottage is a two-family dwelling) that interact together as a small community and are designed with a coherent concept. Cottage communities are their own category of A72
residential facilities and are not considered single-family or multiple-family dwellings. An existing or proposed single-family or multiple-family dwelling is not required in order to develop a cottage community.
(6) PUBLIC TRANSIT means either a high-quality transit corridor as defined in Section 21155(b) of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(7) RELIGIOUS ASSEMBLY USE means land or premises to gather together for common religious proposes, including worship, religious study, and related religious, philanthropic, or social activities. Churches, chapels, mosques, synagogues, and temples, are examples of properties developed with religious assembly uses. (8) SITE DEVELOPMENT AREA means the portion of a parcel identified for housing development, including the associated setbacks, usable open space, and on- site parking and circulation. For example, a religious institution may own a 2-acre site and plan to develop only half the site, making the site development area 1 acre. (C) Review process. Sites shown within the IH Overlay District on the Antioch Zoning Map are qualified by-right for development of cottage communities and can submit an application to the Planning Department for ministerial review. For sites outside of the IH Overlay District, a rezone of the site to be included in the IH Overlay District is required with approval from City Council prior to submitting an application to the Planning Division.
(1) Sites within the IH Overlay District may be developed pursuant to their underlying zoning instead of the IH Overlay District regulations. In this case, development shall be regulated and approved according to the underlying zoning district regulations and its associated standards, such as the Multi-family Residential Objective Design Standards.
(D) Affordability. Consistent with Government Code Sections 65583(c)(7) and 65852.2(g), the IH Overlay District goes beyond the statutory minimum to further the creation of ADUs offered at affordable rate. Housing development in the IH Overlay District is subject to the following affordability requirements:
(1) One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, are for lower income households, except that up to 20 percent of the total units in the development may be for moderate-income households and up to 5 percent of the total units in the development may be for staff of the religious institution on site. Calculations resulting in fractional units may be rounded to the next whole number.
(2) All affordable units shall be subject to a recorded deed restriction of 20 years, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and A73
occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds 20 years.
(a) This requirement does not apply to any manger’s unit or units or any unit or units reserved for staff of the on-site religious institution. (E) Density. Cottage communities shall contain a minimum of three cottages on a site. The density of a cottage community shall not exceed 15 dwelling units per acre, where the site development area is used to calculate the site acreage and each ADU counts as one unit. A cottage community with a density greater than 15 dwelling units per acre requires the approval of a use permit.
(1) ADUs may be attached to one another in sets of two; no more than two units shall be contained within one building footprint. There is no limit on the total number of attached structures (e.g., duplexes) in one cottage community, subject to the density requirements of division (E).
(F) Development standards. Cottage communities are not subject to the multi-family design standards and shall comply with the standards below. (1) Building footprint. All units shall be self-contained and include their own kitchen and bathroom facilities. No unit shall be smaller than 150 square feet and no greater than 1,200 square feet; a cottage with two attached units must then be at least 300 square feet and no more than 2,400 square feet. The building footprint shall be measured by calculating the total square foot area of a building that covers a portion of a lot, when viewed directly from above, except for the following structures or parts of structures:
(a) Any part of the structure without a roof.
(b) Roof eaves.
(c) Carports, porches, and balconies that are open at least 50 percent of their respective perimeter.
(d) Detached garages or sheds.
(2) Height. Cottages shall have a maximum height of 18 feet and no structure shall exceed two stories.
(a) Exception. Where the ridge of a roof is pitched with at least a slope of 6 to 12, the maximum roof height may extend up to 25 feet. All parts of the roof above 18 feet must be pitched.
(3) Cottage orientation. Cottages shall generally be oriented towards common open space, with at least 50 percent of cottages abutting common open space.
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(a) Exception. This standard may be reduced to 40 percent of cottages abutting common open space for cottage communities that include at least 15 percent of units, exclusive of a manger unit or units, for extremely or very low income households. (4) Usable open space.
(a) Common open space open to all residents shall be provided and maintained for cottage communities as follows:
Total Number of Units Amount of Common Open Space Per Unit 3-9 100 square feet per dwelling unit if all cottages
are separated by at least 10 feet. 150 square
feet per dwelling unit if any of the cottages are
separated by less than 10 feet.A
10-20 200 square feet per dwelling unit, of which up
to 60 square feet may be private open space.
More than 20 250 square feet per dwelling unit, of which up to 70 square feet may be private open space.
A. Duplexes separated from other duplexes (or ADUs) by ten feet may utilize the 100 square foot/unit requirement.
1. Exception. Sites that are within one-half mile walking distance of a public park are not required to provide common open space if there is unobstructed access to the park from the development.
(b) Cottage communities that include 10 or more units shall be required to include and maintain at least one of the following features in the required common open space:
1. Children’s play area with play equipment (not an option for senior housing developments)
2. Community garden
3. Dog park
4. Sports court
5. Barbeque/grill area or fire pit
6. Outdoor seating area with gazebo, arbor, or similar shade structure (c) Usable open space shall include a mix of landscaping and greenery, including but not limited to trees, shrubs, gardens, and green spaces. Off-street parking and A75
loading areas, driveways, and service areas shall not be counted as usable open space.
Pedestrian and bicycles paths or trails may not be counted as usable open space. (d) On-site recreational facilities for the religious assembly use may count towards open space requirements for the cottage community if a written agreement is provided that allows shared use of the facilities between the cottage community and religious institution.
(5) Setbacks.
(a) When the development site area is adjacent to a property line, the following standards apply:
1. Minimum front yard setback of 15 feet on arterial and collector streets and 10 feet on local streets.
2. Minimum interior side yard setback of five feet.
3. Minimum street side yard setbacks (for corner lots) of 15 feet on arterial and collector streets and 10 feet on local streets.
4. Minimum rear yard setback of ten feet.
5. Front and street side setbacks shall be reserved for landscaping only, excluding access and egress driveways.
(b) When the development site area is internal to the religious assembly use and not adjacent to a property line, there are no setback requirements. (6) Building separation.Cottages shall be separated from other cottages by at least 5 feet. The minimum distance between all other structures shall be in accordance with fire and building code requirements.
(7) Architectural standards. Cottage communities shall have a cohesive architectural theme across all cottages. This could be conveyed through consistent buildings materials and colors; consistent roof pitch wherein each cottage’s roof pitch is within 10 degrees of all adjacent cottages; horizontal articulation such as siding, cladding, and floor separation that is parallel across cottages; and/or consistent window proportions and window spacing dimensions.
(8) Community buildings. Cottage communities may include community buildings for the shared use of residents that provide space for accessory uses and/or supportive services, such as community centers, case manager offices, and childcare centers for the residents.
(a) Parking shall be provided for employees of community buildings at a rate of at least 1 space per employee on the largest shift, or according to the rates in Table 9-
5.17031.1, whichever is less.
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(9) Pedestrian connectivity. A hard-surfaced, all-weather (e.g., concrete, asphalt, pavers) pedestrian path of at least four feet wide must be provided that connects the main entrance of each cottage to the following:
(a) Any common usable open space or recreational facilities on site or to any public park facilities located on an adjacent lot.
(b) The parking area that serves it.
(c) Community buildings.
(d) Sidewalks and public rights-of-way (including pathways or trails) abutting the site.
(10) Waste and recycling. Cottage communities must subscribe to the city’s three- container collections services for trash, recyclable materials, and organics and comply with all requirements of Antioch Municipal Code § 9-5.1401. (a) Exception. Cottage communities may share an existing trash enclosure with the on-site religious institution if the existing trash enclosure has enough capacity to meet the additional demand from the cottage communities per State and local regulations.
(11) Nonconforming cottage communities and discretionary approval. Any proposed cottage community that does not conform to the objective standards set forth in division (F) may be allowed by the city with a conditional use permit. (G) Fire protection. Cottage communities must meet fire code requirements and fire sprinklers are required in cottages when required by building code. (H) Rental term. No unit in a cottage community may be rented for a term that is shorter than 30 days.
(I) Parking. Parking shall be provided consistent with § 9-5.1704(F) and § 9-
5.3850(F)(8)(a) of this Municipal Code.
(J) Nonconformity of existing use. The development of affordable housing pursuant to this section shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the new residential development.
(K) Impact fees. Cottage communities are subject to the impact fee provisions of § 9-
3.60 and no impact fee is required for a unit that is less than 750 square feet in size.
Units that are 750 square feet or larger in size shall be charged proportionately in relation to a 1,940-square foot single-family home, which is the average size of a detached, single-family home in Antioch (e.g., the floor area of the cottage, divided by 1,940 square feet, times the typical fee amount charged for a new dwelling).
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(L) Fair housing. Housing built in the IH Overlay is required to comply with all applicable state and federal fair housing requirements, including the California Fair Employment and Housing Act, Unruh Civil Rights Acts, and federal Fair Housing Act.
This includes but is not limited to religion-based discrimination.
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ATTACHMENT B
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AMENDING THE ANTIOCH ZONING MAP TO INCLUDE THE INNOVATIVE
HOUSING (IH) OVERLAY DISTRICT
(LA2023-0003)
The City Council of the City of Antioch does ordain as follows:
SECTION 1:
The City Council determined on November 14, 2023 pursuant to the California Environmental Quality Act (CEQA) Guidelines §15061(b)(3), the “Common Sense” Exemption and CEQA Guidelines §15282(h), which statutorily exempts the adoption of Accessory Dwelling Unit ordinances, there is no possibility that this rezone will have a significant impact on the physical environment. The rezoning complies with, implements, and adopts State Accessory Dwelling Unit Law. The rezoning does not directly or indirectly authorize or approve any actual changes in the physical environment. When a specific development project occurs on a project site, it will be subject to environmental review pursuant to CEQA, if applicable.
SECTION 2:
At its regular meeting of October 18, 2023, the Planning Commission recommended that the City Council adopt the Ordinance to amend the City’s Zoning Map to include an Innovative Housing (IH) Overlay District for 25 sites; the Planning Commission motion removed Cornerstone Christian Center from the list of properties to be rezoned with the IH Overlay District. The City Council has reviewed and rejected this recommendation given the desire to provide greater flexibility for Cornerstone Christian Center and therefore includes 26 sites as listed below.
Map
#
Faith Institution Address Accessor
Parcel Number
(APN)
1 Cornerstone Christian Ctr. E 18th St 51140034
Cornerstone Christian Ctr. 1715 E 18th St 51140008
2 Grace Bible Fellowship 3415 Oakley Rd 51200065
3 St. Johns Lutheran Church/
Antioch Christian Center 1360 E Tregallas Rd 52013015
4 Antioch Seventh-day
Adventist Church 2200 Country Hills Dr 55071105
Antioch Seventh-day
Adventist Church 2200 Country Hills Dr 55071104
5 Heritage Baptist 5200 Heidorn Ranch Rd 56130014
6 Templo Santo Church 201 E 18th St 65164023
7 Most Holy Rosary Catholic
Church 1313 A St 65181018
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Map
#
Faith Institution Address Accessor
Parcel Number
(APN)
Most Holy Rosary Catholic
Church 1403 A St 65181014
8 Jubilee Christian Center/
Pentecostal Holiness
Church 11 Texas St 67283019
9 Iglesia Ni Cristo 548 Texas St 67291026
Iglesia Ni Cristo 508 Texas St 67291046
10 Wesleyan Church 2800 Sunset Ln 68161050
11 Hillside Baptist Church 108 Hillside Rd 68181009
Hillside Baptist Church 108 Hillside Rd 68181010
12 Antioch Family Church 330 Worrell Rd 68221068
13 Kings Chapel of Antioch 320 Worrell Rd 68221069
14 First Missionary Baptist
Church 620 E Tregallas Rd 68251011
15 The Landing Place (Acts
Full Gospel East County)
(formerly Salvation Army) 620 E Tregallas Rd 68251012
16 Eastside Church of Christ 1020 E Tregallas Rd 68351003 17 First Christian Church 2725 Minta Ln 71024013
18 New Life Free Will Baptist/
Rivertown Community
Church 11 Worrell Rd 71071021
19 Antioch United Methodist
Church on the Rock 50 Walton Ln 71080009
20 First Family Church 3195 Contra Loma Blvd 71130026
First Family Church 3195 Contra Loma Blvd 71241001
First Family Church 3195 Contra Loma Blvd 71234001
21 St. Ignatius of Antioch
Church 3351 Contra Loma Blvd 71370026
22 Palabra de Dios 501 Auto Center Dr 74130080
23 Iglesia Nueva Esperanza/
Antioch Covenant Church 1919 Buchanan Rd 76231007
24 The Church of Jesus Christ
of Latter-day Saints 3015 Rio Grande Dr 76310001
25 Journey Church 1200 Putnam St 76310003
26 Antioch Church Family 55 E 18 th St 65183036
SECTION 3:
The City Council makes the following findings pursuant to Section 9-5.2802 “FINDINGS REQUIRED” of the Antioch Municipal Code for the proposed zoning change:
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1. That the proposed zone reclassification will allow uses more suitable for the area than the present classification.
The IH Overlay would allow sites the flexibility to develop with housing while maintaining existing uses. The proposed IH Overlay sites are in neighborhoods well-served by amenities and services and have land capacity that is feasible for residential development, making residential land uses suitable.
2. That uses permitted by the proposed zone will not be detrimental to adjacent or surrounding property.
Allowing multiple accessory dwelling units configured in cottage communities is a gentle way to add needed affordable housing without disrupting neighbors. Development standards related to setbacks, separation between buildings, required open space, minimum parking, and maximum height will ensure that cottages respect the neighborhood context and do not have a detrimental effect on neighbors.
3. That evidence has been presented documenting land use changes in the area to warrant a change of zone.
Evidence has been presented in the form of a written staff report, maps, and oral staff presentation at the Planning Commission and City Council meetings.
4. That the requested zone change is in conformance with the General Plan.
Per California Government Code Section 3552.2(a)(1)(C), accessory dwelling units are a residential use that is consistent with the existing General Plan and zoning designation for the lot. Moreover, per General Plan Land Use Policy 4.4.2.2(b), religious assembly uses are permitted and appropriate for sites designated for residential uses, indicating that coinciding residential and religious assembly land uses is consistent with the General Plan.
SECTION 4:
The real property shown in Exhibit 1, attached hereto, is hereby rezoned to include the IH Overlay District, and the zoning map is hereby amended accordingly.
SECTION 5: Publication; Effective Date
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch. * * * * * * * * *
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I HEREBY CERTIFYthat the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the 14th day of November 2023, and passed and adopted at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
LAMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
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G
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 28, 2023
SUBMITTED BY:
Zoe Merideth, Acting Planning Manager
APPROVED BY: Kevin Scudero, Acting Community Development Director
SUBJECT: Zoning Text Amendments (LA2023-0004) - Second Reading of the Ordinance
RECOMMENDED ACTION
It is recommended that the City Council adopt an ordinance amending Title 9 Chapter 5 of the Antioch Municipal Code to implement Housing Element programs, codify legislation, and clarify existing regulations (Attachment A).
FISCAL IMPACT
There are no direct fiscal impacts incurred by the City for the approval of the ordinance.
DISCUSSION
The adoption of an ordinance requires two separate readings. The City Council introduced the subject ordinance at its November 14, 2023 regular meeting. This second reading will finalize the adoption of the ordinance. The ordinance will take effect 30 days after their final passage. (Gov. Code, § 36937).
Zoning Text Amendments are needed to implement Housing Element programs, codify State and federal legislation, and clarify existing regulations. The Council introduced the Zoning Text Amendments at the November 14, 2023 Council meeting.
ATTACHMENT
A. Zoning Text Amendments Ordinance
ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING TITLE 9 CHAPTER 5 OF THE MUNICIPAL CODE TO IMPLEMENT
HOUSING ELEMENT PROGRAMS, CODIFY LEGISLATION, AND CLARIFY
EXISTING REGULATIONS
(LA2023-0004)
The City Council of the City of Antioch does ordain as follows:
SECTION 1:
The City Council is committed to taking the steps necessary to promote and protect the public health, safety and general welfare. The City of Antioch has the authority to make and enforce within its limits all ordinances and regulations not in conflict with general laws (Cal. Const. art. XI § 7) including, but not limited to, all rights and powers that are expressly granted and necessarily or fairly implied by state law.
SECTION 2:
The City Council has reviewed, considered, and evaluated all of the information prior to acting upon the Ordinance and finds that the Zoning Text Amendments will:
1. Support implementation of Housing Element Program 3.1.1 “Housing Opportunities for Extremely Low-Income Households and Special Needs,” Program 3.1.5 “Emergency Shelters, Supportive, and Transitional Housing,” and Program 4.1.6 “Review and Revise Residential Parking Requirements.”
2. Implement State and federal legislation related to family daycare homes (California Health and Safety Code Section 1597.40), religious assembly uses (42 US Code Section 2000cc), and manufactured homes (California Government Code Section 65852.3).
3. Improve clarity and consistency across the Municipal Code and conform with the General Plan.
SECTION 3:
At its regular meeting of October 18, 2023, the Planning Commission adopted Resolution 2023-31 recommending that the City Council adopt an ordinance amending sections of Title 9 Chapter 5 of the Antioch Municipal Code.
SECTION 4:
The Zoning Text Amendments shown in Exhibit 1, attached hereto, amend the following sections of Title 9 “Planning and Zoning” of the Antioch Municipal Code: Section 9-5.203 “Definitions,” Section 9-5.601 “Height, Area & Setback Regulations For Primary Structure,” Section 9-5.603 “Accessory Buildings,” Section 9-5.1602 “Height Restrictions,” Section 9-5.1703.1 “Off-Street Parking Requirements By Use,” Section 9- A1
ATTACHMENT A
5.1704 “Parking Requirements,” Section 9-5.3803 “Table Of Land Use Regulations,” and Section 9-5.3804 “Manufactured Home.”
SECTION 5: Severability.
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
SECTION 6. CEQA.
The amendments to the City’s Municipal Code are not considered a project under the California Environmental Quality Act (CEQA) under the common sense exemption (CEQA Guidelines §15061(b)(3)) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.
SECTION 7: Publication; Effective Date
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch. * * * * * * * * *
I HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the 14th day of November 2023, and passed and adopted at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
LAMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
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EXHIBIT 1
PROPOSED ZONING TEXT AMENDMENTS
§ 9-5.203 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
…
MAJOR TRANST STOP. Consistent with California Public Resources Code Section 21064.3, a site containing any of the following:
(a) An existing rail or bus rapid transit station
(b) A ferry terminal served by either a bus or rail transit service (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. …
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ARTICLE 6: HEIGHT AND AREA REGULATIONS AND TABLE
§ 9-5.601 HEIGHT AND AREA REGULATIONS.
The following chart and text are adopted as the city’s basic height and area regulations. First find the appropriate zoning district on the left hand side of the table.
Read across the chart opposite the specific zone in question and the height or area requirement for that zone, or a letter, will appear in the appropriate column. If a letter appears in any cell, it refers to the, requirement listed in the footnotes following the table.
Table 9-5.601 Height, Area & Setback Regulations for Primary Structure A4
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§ 9-5.603 ACCESSORY BUILDINGS.
(A) In residential districts, the maximum allowable height is 15 feet for accessory structures. Detached accessory structures shall be located behind the required front yard setback and cover no more than 40% of the rear yard area required for the main building. The minimum side yard for accessory structures is 20 feet on corner lots and zero 5feet on interior lots. No minimumA 5 footrear yard setback is required, unless the property is a double-frontage lot in which case a 10 foot rear yard setback is required. (1) Exception. Portable storage sheds are exempt from setback requirements when placed in the rear yard. The required minimum setback from the front property line and/or street side yard property lines (for corner lots) must be maintained. A shed is considered portable when it meets the following criteria and does not need a building permit:
(a) Freestanding, moveable, and has no permanent foundation (b) Less than 120 square feet in area
(c) Building height no greater than 8 feet
(d) Does not contain plumbing or electrical installations (B) In the event an accessory building is attached to the main building, it shall be considered structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. Unless so attached, an accessory building in a residential district shall be at least five feet from any dwelling building existing or under construction on the same lot or any adjacent lot. In the case of a corner lot adjacent to a reversed frontage lot, accessory buildings shall not project beyond the front yard required or existing on the adjacent reversed frontage lot. *******************************************************************************
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ARTICLE 16: FENCES, WALLS, HEDGES AND SCREEN PLANTINGS
§ 9-5.1601 GENERAL REQUIREMENTS.
(A) Fences, walls, hedges, and other structures or vegetation shall not obstruct a clear vision zone.
(B) Barbed wire, razor ribbon and other similar wire shall be prohibited on top of any fence. Exceptions may be granted by the Zoning Admini-strator for special circumstances. (C) Where chain link fencing is proposed or required adjacent to a public right-of-way, park or open space, the fence fabric, pots, toprails, and hardware shall be vinyl clad. (D) All retaining walls that are adjacent to public streets shall be placed outside the right-of-way and shall be constructed of decorative masonry block or an equivalent material approved by Community Development Department staff. (E) All fences existing at the time of the adoption of this chapter which then became non-conforming due to height and/or setback requirements can remain subject to the provisions of the non-conforming use regulations of this chapter. (F) Walls between residential and non-residential uses shall be of masonry construction.
§ 9-5.1602 HEIGHT RESTRICTIONS.
(A) For fences adjacent to a public right-of-way, fence height shall be measured from the finished grade at the fence location. Should the back of side-walk be at a higher elevation than finished grade, the fence height shall be measured from the back of side- walk.
(B) For interior and rear yard fences, height shall be measured from the grade level of the property line. In the event the ground elevation is not the same on both sides of a fence or wall, the height thereof may be measured from the higher ground elevation. (C) No fence, wall, hedge or screen planting shall exceed a maximum height of 36 inchesin the required front yard. All such fences shall be located outside the public right- of-way unless an encroachment permit is issued by the Director of Public Works. (D) Fences, hedges or screen plantings shall be a minimum height of 30 inches around or within a parking lot.
(E) No fence, wall or similar structure shall exceed six feet in height in any zoning district, with the following exceptions:
(1) In commercial and industrial districts, the maximum height may be eight feet subject to approval of an administrative use permit by the Zoning Administrator. Higher walls may be approved by the Planning Commission if required by an acoustical study, and there are no feasible alternatives that would allow for a wall eight feet in height or less.
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(2) In residential districts, a masonry sound wall built adjacent to an arterial street or school site may be eight feet in height subject to a documented sound study. Higher walls may be approved by the Planning Commission if required by an acoustical study and there are no feasible alternatives that would allow for a wall eight feet in height or less. (3) In residential districts the fence height on interior side and rear property lines may be increased to eight feet, provided that the top two feet of such is constructed of open lattice, wrought iron, tubular steel, or a similar material. (Ord. 897-C-S, passed 10-25-94; Am. Ord. 1064-C-S, passed 12-15-05)Penalty, see § 9-
5.2904
§ 9-5.1603 SETBACKS; STREETSIDE AND SIDEYARD FENCES.
(A) Fences of up to six feet may be placed within the required corner sideyard building setback or at the public right-of-way line.
(B) The following restrictions shall apply:
(1) The fence does not obstruct a clear vision zone.
(2) In cases where the fence is to be built in conjunction with a retaining wall, and the wall face is exposed to the street, the fence shall be setback a minimum of three feet from the retaining wall.
(Ord. 897-C-S, passed 10-25-94)Penalty, see § 9-5.2904
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ARTICLE 17: PARKING REQUIREMENTS
§ 9-5.1701 PURPOSE.
The specific purposes of the off-street parking and loading regulations are to:
(A) Ensure that off-street parking and loading facilities are provided for new land uses and for enlargements of existing uses in proportion to the need for such facilities created by each use.
(B) Establish parking standards for commercial uses consistent with need and with the feasibility of providing parking on specific commercial sites. (C) Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and where appropriate, insulate surrounding land uses from adverse impacts.
(D) Contribute to a balanced transportation system with a choice or transit, bicycle, pedestrian, and private automobile modes.
(E) Encourage the use of bicycles by providing safe and convenient places to park bicycles.
(F) Facilitate the development of common parking area that serve multiple establishments or uses.
(G) Minimize the area of land consumed by parking by allowing reductions to the number of required spaces near major transit stations, for uses with lower parking demand characteristics, and for shared parking facilities serving uses with different peak demand times.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2089-C-S, passed 6-24-14) § 9-5.1702 BASIC REQUIREMENTS.
(A) At the time of initial occupancy of a site, construction of a structure, or alteration or enlarge-ment of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with the regulations prescribed in this chapter. Any building or structure moved from one lot to another shall provide parking as required for a new building.
(B) The number of additional parking spaces or loading berths required for an alteration or enlarge-ment of an existing use or structure, or for a change of occupancy, shall be provided before the alteration, enlargement, or change of occupancy is allowed. (C) If more than one use is located on a site other than a shopping center, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the required spaces prescribed for each use.
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(D) Off-street parking and loading facilities required by this article for any use shall not be considered as providing parking spaces or loading berths for any other use except where a shared parking arrangement applies or a joint facility exists. Such a facility shall contain not less than the total number of spaces or berths as required individually, or fewer spaces may be permitted where adjoining uses on the same site have different hours of operation and the same parking spaces or loading berths can serve both without conflict, according to the procedures and required findings of §9-5.1704, Parking Reductions. (E) Parking ratios for shopping center uses shall assume 90% of the available spaces are located at the front of a building. No more than 10% of the required parking is to be provided at the rear of a building and this parking should be designated and enforced as employee parking.
(F) If, in the application of the requirements of this chapter, a fractional number is obtained, one parking space or loading berth shall be required for a fraction of more than one-half, and no space or berth shall be required for a fraction of one-half or less. (G) Any off-street parking specifically required for a given use shall be without charge. (H) Off-street parking must be located on the same site as the use it serves, except where off-site parking has been approved according to the procedures and standards of § 9-5.1705, Off-Site Parking Facilities.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2089-C-S, passed 6-24-14) Penalty, see §9-
5.2904
§ 9-5.1703 [RESERVED].
§ 9-5.1703.1 OFF-STREET PARKING REQUIREMENTS BY USE
(A) Off-street motor vehicle parking spaces shall be provided according to the following table. Each land use shall be provided with at least the number of off-street parking spaces stated in the table.
(1) The requirements of this chapter do not apply to development within one half-mile of a major transit stop, except as provided in California Government Code Section 65863.2.
(B) When the table does not list a proposed use, the Zoning Administrator shall determine the most appropriate equivalent use and the number of parking and loading spaces required. In order to make this determination, the Zoning Administrator may require the submission of survey data from the applicant or direct a study to be conducted at the applicant’s expense. The Administrator’s determination may be based on the most recent data published by the Institute of Transportation Engineers or comparable analyses.
TABLE: 9-5.1703.1: OFF-STREET PARKING REQUIRED
Use Classification Off-Street Parking Spaces
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RESIDENTIAL
Multi-family residential 1.5 spaces per unit up to 2
bedrooms; one space to be
covered
2 spaces per unit = 3
bedrooms; one space to be
covered plus 1 space per
5 units for guest parking
(Applies to all multi-
family units)
Convalescent facilities 1 per 2 residents
Single-family residential (attached) 2 spaces per unit, one of which must be covered, plus
1 space per 5 units for guest
parking
Single-family residential (detached) 2 spaces per unit in a garage, plus one guest parking space
on the street within close
proximity to the unit served
Elderly residential (Senior Housing Overlay)A .75 covered space per unit, plus guest parking as
determined during project
review
PUBLIC AND SEMI-PUBLIC
Clubs and lodges 1 per 100 sq. ft. of floor area
which is used for assembly
purposes
Emergency shelters 1 space per employee on the
largest shift plus 0.30 spaces
per bed
Day care, general and preschools 1 per employee on the largest shift plus 1 per 8 children
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Government offices 1 per 250 sq. ft. of gross floor
area
Hospitals 1 per bed, plus 1 space per
employee on the largest shift
Maintenance and service facilities 1 per 400 sq. ft. of gross floor area
Park and Recreation Facilities As specified by zoning
permit or use permit for
private facilities based upon
I.T.E. studies
Public Safety Facilities As specified by use permit
Religious assembly 1 per 4 fixed seats, and/or 1
per 50 sq. ft. of seating area if
there are no fixed seats
Schools, public or private As specified by use permit,
as per I.T.E. studies
Utilities, major As specified by use permit,
as per I.T.E. studies
COMMERCIAL/RETAIL/OFFICE
Ambulance services 1 per ambulance, plus 1 per
employee on the largest shift
Animal sales and services:
Animal boarding 1 per 400 sq. ft. of gross floor
area
Animal grooming 1 per 400 sq. ft. of gross floor
area
Animal hospitals (veterinary clinic) 1 per 250 sq. ft. of gross floor area
Artists’ studios 1 per 1,000 sq. ft. of gross
floor area
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Banks and savings and loans: 1 per 250 sq. ft. of gross floor area
Drive-up service Queue space for 5 cars per
teller
Building materials and services; hardware 1 per 300 sq. ft. of sales floor area; plus 1 per 1,000 sq. ft.
of outdoor storage and/or
interior warehouse area
Chapels and mortuaries 1 per 3 seats and/or; 1 per 50
sq. ft. of seating area if no
fixed seats
Commercial recreational and entertainment:
Bowling alleys 6 per lane
Electronic game centers 1 per 2 machines
Golf courses 4 per each hole, plus 1 per
200 sq. ft. of floor area
Gymnasium 1 per 100 sq. ft. of floor area
Skating rinks 1 per 3 fixed seats, and/or 1
per 50 sq. ft. of seating area if
there are no fixed seats; plus
1 per 75 sq. ft. of floor area
for skating
Swimming pools 1 per 150 sq. ft. of pool area
Tennis and racquetball clubs 4 per court
Theaters 1 per 3 fixed seats, and/or 1
per 35 sq. ft. of seating area if
there are no fixed seats
Other commercial recreation and entertainment As specified by the Zoning Administrator, as per I.T.E.
studies
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Computer gaming and internet access business As specified by use permit and required parking study
(§9-5.3835)
Eating and drinking establishments: 1 per employee on the largest shift
General restaurant 1 per 3 seats
Cocktail lounge/bar 1 per 2.5 seats
Fast food 1 per 50 sq. ft. of gross floor
area for public seating plus
queue space for 6 cars if
drive-up service provided
With outdoor seating 1 additional space per 3 seats
Take-out only/no seating 1 per employee on the largest
shift plus additional spaces as
determined by the Zoning
Administrator
Gas station/ service station B 2 per service bay plus 1 per employee on the largest shift;
with no less than 4 parking
spaces provided
Gymnasium 1 per 100 sq. ft. of floor
space
Health clubs 1 per 200 sq. ft. of floor
space
Nurseries 1 per 1,000 sq. ft. of outside
display and/or interior
warehouse area, plus 1 per
300 sq. ft. of sales floor area
Offices, business, and professional 1 per 250 sq. ft. of gross floor area
Offices, medical and dental 1 per 225 sq. ft. of gross floor area
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Music or dance studio, martial arts training or similar facility 1 per 250 sq. ft. of gross floor area
Mini-storage 1 per 100 rental units plus 1
per caretaker
Personal services (barber shop, beauty shop) 2 spaces per chair Recycling facility:
Large collection 6 spaces per facility
minimum
Processing facility 10 spaces per facility
minimum
Research and community development 1 per 250 sq. ft. of gross floor area
Retail sales not listed under another use classification 5 spaces/1000 sq. ft. of gross floor area
Shopping center 5 spaces/1000 sq. ft. of gross
floor area
Furniture and appliance stores, households equipment, and furniture repair and warehouse sale
1 per 400 sq. ft. of gross floor
area
Automobile rentals 1 per 4,000 sq. ft. of outdoor
area plus 1 per rental vehicle
Automobile washing:
Fully automated 7 spaces outside washing
area
Coin-operated 1 queuing space per bay
Vehicle/equipment repair 4 per service bay or 1 per 225 sq. ft. of gross floor area
whichever is greater
Vehicle/equipment sales and rentals, and other outdoor storage 1 per 4,000 sq. ft. of outdoor display area
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Visitor accommodations:
Bed and breakfast inns 1 per guest room; plus 2
spaces
Hotels, motels and time share facilities 1 per guest room; plus 1 per employee on the largest shift
and one per 50 sq. ft. of
banquet or conference seating
area
Warehousing, distribution, storage 1 per 1,000 sq. ft. of gross floor area
INDUSTRIAL
Light manufacturing 1 per 400 sq. ft. of gross floor
area
Heavy manufacturing 1 per employee on the largest
shift
AParking for senior housing projects may be reduced during project review to less than 0.75 space per unit based upon residents’ ages and vehicle ownership patterns and must be documented by studies prepared by the project proponents, according to the procedure and findings in § 9-5.1704, Parking Reductions.
BFor a service station combined with a food mart, one space per 250 square feet of retail sales area shall be provided (office and bathroom areas may be excluded from calculations) in addition to the required employee parking, and service bay parking, if any. In no case shall there be less than four spaces provided for a service station or six spaces provided for a service station combined with a food mart. If combined with a towing service, in addition to the above requirements, one additional space per towing vehicle shall be provided at the rear of the site.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 930-C-S, passed 7-29-97; Am. Ord. 1064-C-S, passed 12-13-05; Am. Ord. 2075-C-S, passed 11-26-13; Am. Ord. 2089-C-S, passed 6-24- 14) Penalty, see § 9-5.2904
§ 9-5.1704 PARKING REDUCTIONS.
(A) Purpose. The purpose of this section is to establish procedures and criteria for allowing reductions to the number of required automobile parking spaces for projects that are anticipated to generate lower-than-usual parking demand due to factors such as proximity to major transit stops and stations, the characteristics of the use, or implementation of transportation demand management measures, as well as for shared A20
parking facilities serving uses with different peak demand times. These provisions are also intended to allow modifications to parking standards when necessary to preserve the architectural or historical character of a structure or property. (B) Qualifying projects.Reduced parking requirements may be considered for the following types of projects:
(1) Senior housing.The required parking for a senior housing development may be reduced below the normally required 0.75 spaces per dwelling unit for projects anticipated to generate lower parking demand due to vehicle ownership patterns of the residents and/or characteristics of the project (e.g., proximity to commercial services, proximity to public transportation systems).
(2) Shared (joint) parking facilities.Parking facilities that are cooperatively established and operated to serve multiple uses and these uses generate parking demands primarily during hours when the remaining uses are not in operation. (3) Transit-supportive development.Residential or mixed-use projects that contain no more than 50 dwelling units and are located within one-half mile of a major transit stop. (4) Infill sites.Residential or mixed-use projects that contain no more than 30 dwelling units and are located on infill sites.
(5) Uses near public parking facilities.Uses located within one-quarter mile of a publicly accessible parking facility, the use of which is not limited to a specific business or activity during the use's peak parking demand. Such parking facilities shall meet the requirements of § 9-5.1705, Parking Location/Off-Site Parking Facilities. (6) Projects incorporating TDM measures.Projects for which the developer proposes a set of transportation demand management (TDM) measures-such as rideshare programs, shuttle services, bicycle trip-end facilities, staggered work shifts, and telecommuting programs-projected to reduce parking demand generated by the use. Such projects shall be required to document the implementation and impacts of such programs, as described in division (E), Monitoring of TDM Programs, below. (7) Historic structures. Projects for which allowing a reduction in the number of required spaces (and/or modifications to dimensional requirements for parking areas) will facilitate the re-use of an existing building that is an historic resource as defined by the State Public Resources Code or is a designated historic building. (C) Procedure.A request for a reduction to the number of parking spaces consistent with the requirements of this section shall be processed as a use permit, according to the procedures of Article 27. Any parking reduction that is not in accordance with this section (i.e., is not a qualifying project pursuant to division (B) or cannot meet the findings for approval in division (D)) shall require a variance.
(1) Application materials.In addition to other application materials required for the consideration of the use permit, the Zoning Administrator may require submission of a parking demand study prepared by an independent traffic engineering professional A21
approved by the city that substantiates the basis for granting a reduction in required parking spaces.
(21) Parking demand study. In order to evaluate a proposed project's compliance with the required findings for approval, In addition to other application materials required for the consideration of the use permit,the Zoning Administrator may require submittal of a parking demand studyprepared by an independent traffic engineering professional approved by the city that substantiates the basis for granting a reduced number of spaces. and The parking demand study mayincludes any of the following information:
(a) Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use.
(b) A survey of existing on-street and on-site parking within 350 feet of the project site.
(c) Parking requirements for the net change in square footage and/or change in use, based on the requirements of § 9-5.1703.1, Off-Street Parking Requirements by Use. (d) Estimated net change in parking demand between existing and proposed development, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE) or other sources. If appropriate parking demand studies are not available, the city may require the applicant to conduct a parking demand survey of a development similar to the proposed project.
(e) Comparison of proposed parking supply with parking requirements and net change in parking demand.
(f) A shared parking analysis, as appropriate.
(g) A description of proposed transportation demand management measures, such as preferential carpool spaces, telecommuting or staggered work shifts, provision of transit passes or other transit incentives for residents or employees, incorporation of spaces for car share vehicles, bicycles, or other measures that will result in reduced parking demand. (h) Other information as required by the city.
(D) Required findings for approval. In addition to the required findings for approval of any use permit in § 9-5.2703, Required Findings, an application for a use permit for a parking reduction may only be approved if the Zoning Administrator or the Planning Commission makes all of the findings of this section that are applicable to the particular project, as stated.
(1) All projects.For any project for which a parking reduction is requested, the Zoning Administrator or the Planning Commission must make all of the following findings based on information in the record:
(a) The use will adequately be served by the proposed parking; A22
(b) Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area; and (c) If required, a parking demand study prepared by an independent traffic engineering professional approved by the city supports the proposed reduction. (2) Shared (joint) parking.Where a shared parking facility serving more than one use is proposed, the Zoning Administrator or Planning Commission may only approve a parking reduction if it finds that:
(a) The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces; (b) The proposed shared parking to be provided will be adequate to serve each use; (c) A written agreement between landowner(s) and the city, in a form satisfactory to the City Attorney, has been submitted to and approved by the Zoning Administrator. This agreement shall be in a form capable of and subject to being recorded to constitute a covenant running with the land and shall include:
1. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking;
2. A guarantee among the landowner(s) for access to and use of the shared parking facilities;
3. A provision that the city may require parking facilities in addition to those originally approved upon a finding that adequate parking to serve the use(s) has not been provided; and
4. A provision stating that the agreement shall not be modified or terminated without the approval of the Community Development Director and City Attorney. (3) Other parking reductions.For applications for a parking reduction that do not involve a shared parking facility, the Zoning Administrator or Planning Commission may only approve a use permit if it finds that special conditions-including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program-will reduce parking demand at the site below the level of the normal requirement. (E) Monitoring of TDM programs.Any project that is granted a parking reduction on the basis of TDM measures that will be incorporated to reduce parking demand shall submit an Annual Status Report to the city. The report shall be in a manner prescribed by the Zoning Administrator, and shall describe the implementation and maintenance of TDM measures and the parking demand generated by the project. Annual Status Reports will be reviewed to determine if property owners have implemented and/or maintained the TDM program. City staff may request auditable documentation to determine compliance.
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(1) Revocations.A use permit issued to allow a parking reduction may be revoked by the Planning Commission according to the procedure in § 9-5.2707.1, Violation, Revocation, Fine.
(2) After holding a hearing, the Planning Commission may revoke or modify the use permit for a parking reduction if any one (or more) of the following findings are made:
(a) The use permit was obtained by misrepresentation or fraud. (b) The land use for which the permit was granted has ceased or has been suspended for six or more consecutive calendar months.
(c) The conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation.
(Ord. 2089-C-S, passed 6-24-14)
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ARTICLE 38: LAND USE REGULATIONS
§ 9-5.3802 INTRODUCTION TO LAND USE REGULATIONS.
(A) The charts and text in §9-5.3803are adopted as the city's basic land use regulations. The uses shown in this chart are divided into five groups:
(1) Residential;
(2) Public and semi-public;
(3) Commercial;
(4) Industrial; and
(5) Temporary uses.
(B) To determine in which zone a specific use is allowed:
(1) Find the use on the left hand side of the table.
(2) Read across the chart until either a number or a letter appears in one of the columns.
(3) If a number appears, this means that the use is allowed in the zone represented by that column, but only if certain special requirements are met. The requirements applicable to that use are listed in this article. The number appearing in the zoning column corresponds to the number of the footnote.
(4) If a “P” appears in the column, the use is permitted in that zone by right. If a “U” appears in the column, a use permit is required. If an “A” appears, an administrative use permit is required which can be issued by the Zoning Administrator or designated staff. If no letter or number appears in the column, then the use is not allowed in that zone. (5) The Planning Commission shall interpret the appropriate zone for any land use not specifically mentioned in this chart and not similar to any use listed. (6) If a specific use does not appear in the chart, contact the Community Development Department for assistance.
(7) In the Hillside Planned Development (HPD), Planned Development (PD), Combining (B), Manufactured Housing Combining (T), and Senior Housing Overlay (SH) Districts use permit approval is required for all uses. (8) In the Mixed Use Medical Facility (MUF) District, a final development plan and use permit approval is required for all uses. Processing of final development plans and use permits in the MUMF District shall be as outlined in the Planned Development District (PD) section of this chapter.
(C) Legend.
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P Permitted by right
U Use permit
A Administrative use permit
(—) Not allowed
(*) Regulations of base zoning district apply
(1 to 29) - See Land Use Footnotes
A26
A27
A28
A29
A30
A31
A32
A33
A34
A35
A36
A37
A38
A39
A40
A41
A42
A43
A44
A45
A46
A47
A48
A49
A50
§ 9-5.3804 MANUFACTURED HOME. [RESERVED].
Certified manufactured, modular, and mobile homes on approved foundations are permitted in the indicated zones subject to an administrative use permit and must meet the following development standards:
(A) The distance between outermost parallel exterior walls shall be at least 20 feet, exclusive of the garage.
(B) The manufactured, modular or mobile home shall have at least one driveway. All driveways shall be at least eight feet wide, at least 20 feet long, and be surfaced in accordance with this chapter.
(C) The finished floor shall be a maximum of 30 inches above the exterior grade of the lot. If the home is multi-level, the lowest finished floor above exterior grade shall meet this requirement.
(D) Roofing materials shall be selected from the following: composition shingle, fire treated wood shake, tile, or tar and gravel and should be compatible with surrounding development. Use of tar or composition shingle roofs shall only be used in areas where they presently exist.
(E) The home shall have eave and gable overhangs of not less than one foot measured from the vertical exterior side of the structure, unless such overhangs would be incompatible with the overall architectural style of the structure, as determined by the Zoning Administrator.
(F) No home shall have exterior perimeter walls covered with metal siding materials.
Materials shall be selected from among stucco, wood, plywood, or masonry. Siding material should be compatible with surrounding development. (G) The covering material used on a substantial portion of each exterior perimeter wall of the home shall touch or overlap either:
(1) The foundation, if the home has a solid or perimeter foundation. (2) A solid perimeter curb or skirt, compatible with the exterior material, if the home has a foundation other than as specified above (for example, a pier or interior foundation). The perimeter curb or skirt shall be concrete, masonry, or other solid non- metal, all-weather material.
(H) If the home has steps leading to an entry visible from any street, the steps and any enclosure surrounding the steps shall be:
(1) Attached to a permanent foundation.
A51
(2) Designed and constructed as an integral part of the exterior of the manufactured home.
(I) The home must have an enclosed garage containing two car spaces (either attached or detached). The same roofing material shall be used on the garage and the manufactured home. The exterior covering material used on the garage shall be the same as an exterior covering material used on a substantial portion of the manufactured home. Car spaces shall be minimum of 20 feet long and 10 feet wide clear inside dimensions.
(J) The roof shall have a pitch of no less than three inches of vertical rise for each 12 inches of horizontal run.
(K) Exterior facades for infill development shall be visually compatible with the dominant architectural theme of the neighborhood.
(L) Landscaping shall be compatible with the surrounding neighborhood. (M) New subdivisions shall submit prototype model plans to establish the neighborhood theme.
(N) Dwelling shall include rain gutters and downspouts with the runoff of water adjacent to the foundations being diverted into an underground conduit. (Ord. 897-C-S, passed 10-25-94; Am. Ord. 1064-C-S, passed 12-13-05) Penalty, see § 9-5.2904
**************************************************************************************************** A52
K
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Authorization to Respond to Request for Status Update to Grand Jury Report No. 2106 “Mental Health Crisis Response”
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution to approve the response to the request for status updates to Grand Jury Report #2106 “Mental Health Crisis Response” (Attachment B, Exhibit 1) and authorize the Mayor to sign the response letter.
FISCAL IMPACT
Responding to the Grand Jury report required the utilization of staff time. The requested status update has no fiscal impact.
DISCUSSION
In November 2021, the City of Antioch and other public agencies in the Contra Costa County received the attached Grand Jury report: 911 Mental Heal Crisis Response: A New Way “To Protect and To Serve.” The attached report was not just submitted to the City of Antioch but was distributed county-wide.
At their February 22, 2022 meeting, the Antioch City Council provided a response to Grand Jury Report No. 2016 by adopting Resolution 2022-29 (Attachment C). On October 12, 2023, the City of Antioch received the attached letter (Attachment D) requesting status updates to five (5) of the City’s responses to the original Grand Jury Report that stated, “This recommendation has not been implemented but will be in the future.” The responses to the questions are as follows:
Recommendation 3: By September 30, 2022 the Antioch City Council collaborate with DHS to establish a pilot project.
Updated Response: The recommendation has been implemented. The City of Antioch created the Angelo Quinto Community Response Team pilot project on November 23, 2022. Through the 911 dispatch call center, the Angelo Quinto Community Response Team (AQCRT) provides Antioch residents with timely, on-site interventions for mental health crises. Intervention services include de-escalation, mediation, conflict resolution, and social services linkage. The AQCRT is a 24/7 program.
Antioch City Council Report
November 28, 2023 Agenda Item #K 2
Recommendation 4: By October 30, 2022, the City of Antioch apply for grants, including AB-118, to fund its participation in the pilot program.
Updated Response: The recommendation has been implemented. The Angelo Quinto Community Response Team (pilot program) has been funded for a period of two years (November 23, 2022-November 30, 2024) through American Rescue Plan Act (ARPA) funds. As the Department of Public Safety and Community Resources continues to grow, we anticipate searching and applying for grants that will continue to fund the Angelo Quinto Community Response Team.
Recommendation 5: By June 30, 2022, the Board of Supervisors direct DHS to establish a joint team including representatives from community partners for the administration of the pilot project.
Updated Response: The recommendation will not be implemented. The Board of Supervisors have determined that it is not warranted or is not reasonable.
Community Partners have been integral to the development and success of the A3 initiative from its conception and will continue to be throughout its implementation. The administration of the current County pilot, however, is primarily managed by the County's Health Services Department's Behavioral Health Division. Community partners play advisory and subject matter expert roles, but there is no plan to have community partners administer the program. Community partners include:
Those with lived experience
Clients and family members
Law enforcement
Fire and emergency medical
responders
Behavioral health professionals
Improvement advisors
Mobile crisis team members
Consolidated Planning and
Advisory Workgroup
Mental Health Commission
Local City Managers
Recommendation 6: By September 30, 2022, DHS and the City of Antioch begin a comprehensive program to inform and educate the community members about the project and the specific resource[s] that will be available at the outset of the pilot project.
Updated Response: The recommendation has been implemented.The collaboration between the City of Antioch and the Angelo Quinto Community Response Team (AQCRT) informs and educates the community about AQCRT’s services and available resources. AQCRT has actively engaged in community outreach by talking to local businesses and community members and setting up informational booths to educate the public about its services at events such as the Department of Public Safety and Community Resources Domestic Violence Awareness event and the Unhoused Pop-Up event.
Recommendation 7: By December 31, 2022, the Antioch Police Department and its 911 dispatchers augment their training to include the new MCRT alternative response options available.
Updated Response: The recommendation has been implemented. The Antioch Police Department and its 911 dispatchers have been trained to assess the nature of 911 calls and determine if the AQCRT should be dispatched to respond in lieu of Antioch Police Officers.
The above responses will be provided to the Civil Grand Jury – Foreperson in a letter signed by the Mayor of Antioch (Attachment E)
ATTACHMENTS
A. Resolution
B. Exhibit 1 - City Response to Grand Jury Letter Dated October 12, 2023 C. Civil Grand Jury Letter Date October 12, 2023 Requesting Status Updates to City’s Original Response
D. City Resolution 2022/29 Response to Civil Grand Jury Response – 911 Mental Health Crisis Response – A New Way “To Protect and To Serve” RESOLUTION NO. 2023/XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING THE REQUEST FOR STATUS UPDATES TO GRANG JURY REPORT NO. 2106 “MENTAL HEALTH CRISIS RESPONSE” AND AUTHORIZING THE MAYOR TO
SIGN THE RESPONSE LETTER
WHEREAS, the City of Antioch received a Grand Jury letter requesting a status update on the City’s response to Grand Jury Report No. 2106 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”;
WHEREAS, a written response to the Grand Jury is required under California Penal Code § 933.05 (b); and
WHEREAS, a written response to the Grand Jury has been drafted and reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the written response to the Grand Jury (Exhibit 1) and authorizes the Mayor to sign the written response letter to the status update letter to the Grand Jury Report No. 2106 – “Mental Health Crisis Response” dated October 12, 2023, which is attached to this Resolution as Exhibit 1.”
* * * * * I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch, at a regular meeting thereof, held on the 28th day of November 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
“EXHIBIT 1”
Draft
November 29, 2023
Joanne Sarmento
Civil Grand Jury Foreperson
725 Court Street
P.O. Box 431
Martinez, CA 94533-0043
Re: Request for Status Update to Grand Jury Report No. 2106 – “Mental Health Crisis Response”
Dear Civil Grand Jury Foreperson Sarmento,
On behalf of the City of Antioch City Council, this letter is in response to a request to provide the current status on five (5) Grand Jury recommendations that the City provided a response of “This recommendation has not been implemented but will be in the future.” The City Council authorized this response at its November 28, 2023.
Recommendations and Updated Responses
Recommendation 3: By September 30, 2022, the Antioch City Council collaborate with DHS to establish a pilot project.
Updated Response: The recommendation has been implemented. The City of Antioch created the Angelo Quinto Community Response Team pilot project on XXXXXXXX XX, 2022. (Provide a description of the project here).
Recommendation 4: By October 30, 2022, the City of Antioch apply for grants, including AB-118, to fund its participation in the pilot program.
Updated Response: The recommendation has been implemented. The Angelo Quinto Community Response Team (pilot program) has been funded for a period of two years (November 23, 2022-November 30, 2024) through American Rescue Plan Act (ARPA) funds.
As the Department of Public Safety and Community Resources continues to grow, we anticipate searching and applying for grants that will continue to fund the Angelo Quinto Community Response Team.
Recommendation 5: By June 30, 2022, the Board of Supervisors direct DHS to establish a joint team including representatives from community partners for the administration of the pilot project.
Updated Response: The recommendation will not be implemented. The Board of Supervisors have determined that it is not warranted or is not reasonable.
Community Partners have been integral to the development and success of the A3 initiative from its conception and will continue to be throughout its implementation. The administration of the current County pilot, however, is primarily managed by the County's Health Services Department's Behavioral Health Division. Community partners play advisory and subject
ATTACHMENT B
“EXHIBIT 1”
matter expert roles, but there is no plan to have community partners administer the program.
Community partners include:
Those with lived experience
Clients and family members
Law enforcement
Fire and emergency medical
responders
Behavioral health professionals
Improvement advisors
Mobile crisis team members
Consolidated Planning and Advisory
Workgroup
Mental Health Commission
Local City Managers
Recommendation 6: By September 30, 2022, DHS and the City of Antioch begin a comprehensive program to inform and educate the community members about the project and the specific resource[s] that will be available at the outset of the pilot project.
Updated Response: The recommendation has been implemented.The collaboration between the City of Antioch and the Angelo Quinto Community Response Team (AQCRT) informs and educates the community about AQCRT’s services and available resources. AQCRT has actively engaged in community outreach by talking to local businesses and community members and setting up informational booths to educate the public about its services at events such as the Department of Public Safety and Community Resources Domestic Violence Awareness event and the Unhoused Pop-Up event.
Recommendation 7: By December 31, 2022, the Antioch Police Department and its 911 dispatchers augment their training to include the new MCRT alternative response options available.
Updated Response: The recommendation has been implemented. The Antioch Police Department and its 911 dispatchers have been trained to assess the nature of 911 calls and determine if the AQCRT should be dispatched to respond in lieu of Antioch Police Officers.
On behalf of the City of Antioch, we are pleased to provide the above updated responses. The City is committed to continuing to provide resources to address the mental health crisis in the city of Antioch. We trust the Grand Jury will find these responses extremely helpful.
Sincerely yours,
Lamar A. Thorpe
Mayor, City of
Antioch
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
“Exhibit 1”
DRAFT
February 22, 2022
The Honorable Jill Fannin
Presiding Judge of Contra Costa County Superior Court
725 Court Street
PO Box 431
Martinez, CA 94553-0091
Re: City of Antioch Response to 2020-2021 Contra Costa Civil Grand Jury Report No. 2016: 911 Mental Health Crisis Response: “A New Way “To Protect and To Serve” Dear Judge Fannin,
On behalf of the City of Antioch City Council, this letter is in response to Contra Costa Civil Grand Jury Report No. 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve.” The City Council authorized this response at its meeting on February 22, 2022.
Pursuant to California Penal Code § 933.05, the city will respond to the applicable findings and recommendations.
Findings
Finding # 1: Professional crisis team response to mental health calls can de-escalate a crisis and reduce deaths.
Response The City agrees with this finding.
Finding # 2: Law Enforcement response to mental health calls reduces resources needed for serious crimes.
Response The City agrees with this finding.
Finding # 3: Successful pilot program in other states have earned voter funding support for program expansion.
Response The City agrees with this finding.
Finding # 4: Community trust in mental health crisis response teams can only be developed over time.
Response The City agrees with this finding.
Finding # 5: Educating the community about mental health crisis response team is essential for their acceptance and use.
Response The City agrees with this finding.
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
Finding # 6: DHS efforts to educate the community about MCRT services have been ineffective and need improvement.
Response: The City agrees with this finding.
Finding # 7: Funding is required for all the phases of program development: start-up, pilot, and continuing operations.
Response: The City agrees with this finding.
Findings # 8: California funding grants, including AB-118, are available for pilot program creations and operations.
Response: The City agrees with this finding.
Finding # 9: The current MCRT program does not provide standardized responses within the Count due to limited hours of service and a single dispatch location.
Response: The City agrees with this finding.
Finding #10: The City of Antioch is a suitable community to serve as a pilot city for the MCRT expansion program.
Response The City agrees with this finding.
RECOMMENDATIONS
The Grand Jury recommends that:
R1. By June 30, 2022, the Board of Supervisors approve funding for the expansion of the existing DHS/MCRT program to include a pilot project.
Response
The recommendation has not been implemented: This recommendation requires additional action by the Board of Supervisors; approval is needed to fund the expansion of the existing DHS/MCRT program as a pilot program in the City of Antioch. The City of Antioch supports the indicated timeline.
R2. By June 30, 2022, the Board of Supervisors direct DHS to cooperate with the City of Antioch to develop a pilot project.
Response
The recommendation has not been implemented: The joint cooperation between the County DHS and the City of Antioch is essential to developing a pilot project in the City of Antioch. Once the Board of Supervisors officially directs DHS to cooperate with the City of Antioch, then the initial steps in implementing the pilot project in the City of Antioch will be initiated.
R3. By September 30, 2022, the Antioch City Council collaborate with DHS to establish a pilot project.
Response
The recommendation has not been implemented: The Antioch City Council recently approved the program design for the City’s own community crisis Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
response intervention model referred to as the Antioch Care Team (ACT).
Nevertheless, the City Council has expressed its willingness to collaborate with DHS to establishe a pilot project in the City of Antioch based on the stated timeline.
R4. By October 30, 2022, the city of Antioch applies for grants, including AB-118, to fund its participation in the pilot program.
Response
The recommendation has not been implemented: The City of Antioch is in the preliminary stages of establishing a newly formed Community Resources and Public Safety Department.
Once the Community Resources and Public Safety Department is officially created, the City of Antioch will be in a better position to apply for grants, including AB-118, to fund its participation in the pilot program. Thus, the City of Antioch agrees with stated Board Supervisors recommended timeline.
R5. By June 30, 2022, the Board of Supervisors direct DHS to establish a joint team including representatives from community partners for administration of the pilot project.
Response
The recommendation has not been implemented: Collaboration between the City of Antioch and the County DHS, along with representatives from community partners, for administration of the pilot program is essential to both the overall implementation and success of the pilot program. Adhering to the specified timeline is equally important to establishing a joint team. The City of Antioch shall await the Board of Supervisors’ direction to DHS.
R6. By September 30, 2022, DHS and the City of Antioch begin a comprehensive program to inform and educate the community members about the project and the specific resource[s] that will be available at the outset of the pilot project.
Response
The recommendation has not been implemented: Once the Board of Supervisors provides direction to DHS to initiate a joint team with the City of Antioch, the City plans to begin a comprehensive program to inform and educate the community members about the pilot project by clearly identifying the city resources that will be available under the auspices of the newly formed Community Resource and Public Safety Department.
R7. By December 31, 2022, the Antioch Police Department and its 911 dispatchers augment their training to include the new MCRT alternative response options available
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
Response.
The recommendation has not been implemented: Communication between Antioch Police Department 911 dispatchers is an important component of the pilot program. Further analysis is required to examine and explore the best options for the Antioch Police Department to augment their training to include the new ACT and MCRT alternative response options available.
R8. By September 30, 2022, DHS apply for all available state, county, and private grants (e.g., AB-118), as well as money available through Measure X, as a source of funding.
Response
The recommendation has not been implemented: The City of Antioch encourages DHS to apply for all available state, county, and private grants (e.g., AB-118), as well as money available through Measure X, as a source of additional funding for the pilot project.
R9. By December 31, 2022, DHS implement ongoing monitoring of the proposed CAHOOTS Act (S.4441) as an additional source of funding.
Response
The recommendation has not been implemented: The City of Antioch, in its quest to establish the ACT will implement ongoing monitoring of the proposed CAHOOTS Act (S.4441) as an additional source of funding.
R10. By September 30, 2022, if Antioch is not willing to be a pilot program city, DHS identify and approach an alternate city and work with it on the recommendations related to Antioch.
Response
The recommendation has not been implemented: The City of Antioch is open to participating as a County DHS pilot program city, but Antioch intends to continue the development of its own community crisis intervention team because the funding and effectiveness of the DHS pilot program for the residents of Antioch is uncertain.
On behalf of the City of Antioch, we are committed in working in partnership with Contra Costa Board of Supervisors in acknowledging of both the Civil Grand Jury findings and recommendations. We trust the Grand Jury will find these responses extremely helpful to its future endeavors.
Sincerely yours,
Lamar A. Thorpe
Mayor, City of Antioch
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
Cc: Samil Beret, Contra Costa County Civil Grand Jury Foreperson, 725 Court Street, Martinez, CA 94553
Thomas Lloyd Smith, City Attorney, City of Antioch
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Dawn Merchant, Finance Director
SUBJECT: Appointment for the
vacancy expiring March 2026
RECOMMENDED ACTION
1) It is recommended that the Mayor nominate the candidate for appointment. 2) It is recommended that the City Council adopt a resolution appointing [name of appointee]to the for the partial-term
vacancy expiring March 2026.
FISCAL IMPACT
There is no fiscal impact as all positions are voluntary.
DISCUSSION
stated priorities outlined in the adopted budgets of the City. The Committee is responsible for reporting out the result of their review by April 1st of each year at a public meeting.
The Committee consists of seven members who are Antioch residents. The terms of the Committee members are staggered with four members serving a 4-year term and 3 members serving a 2-year term. At least one member of the Committee shall have a financial, accounting or auditing background.
In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees, unless otherwise specifically provided by statute. Under Antioch Municipal Code §2-5.201, the Mayor shall nominate candidates for membership on all boards and commissions. Nominees shall be appointed to each board and commission upon receiving approval of at least a majority vote of the City Council.
Antioch City Council Report
November 28, 2023 Agenda Item # 5 2
Currently, there are three vacancies on the :
two (2) partial-term positions expiring March 2026 and one (1) partial-term expiring March 2024.
extended application deadline of October 27, 2023, at 5:00 p.m. The applicant was interviewed by Mayor Lamar A. Thorpe and Finance Director Dawn Merchant. Mayor Thorpe is nominating Ami Odom for the partial term expiring March 2026.
The biography and background of the candidate will be presented at the City Council meeting.
ATTACHMENTS
A. Resolution for one (1) partial-term vacancy expiring March 2026 B. Application
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE FOR ONE (1) PARTIAL-TERM
VACANCY ENDING MARCH 2026
WHEREAS, there are currently three (3) vacancies on the Oversight Committee;
WHEREAS, the City Clerk announced vacancies and accepted applications for these vacancies;
WHEREAS, Mayor Lamar A. Thorpe considered the applications received and interviewed the interested applicant;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Thorpe has nominated [insert name of appointee after appointment] to the , partial-term vacancy
ending March 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch [insert name of appointee after appointment]
and appoints [insert name of appointee after appointment to serve on the Sales Tax for the partial-term vacancy, ending in March 2026.
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Elizabeth Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: Board of Administrative Appeals Appointments for one vacancy expiring March 2024 and one vacancy expiring March 2026
RECOMMENDED ACTION
1) It is recommended that the Mayor nominate the candidates for appointment. 2) It is recommended that the City Council:
I. Adopt a resolution appointing [name of appointee]to the Board of Administrative Appeals for the partial-term vacancy expiring March 2024.
II. Adopt a resolution appointing [name of appointee]to the Board of Administrative Appeals for the partial-term vacancy expiring March 2026.
FISCAL IMPACT
There is no fiscal impact as all positions are voluntary.
DISCUSSION
The Board of Administrative Appeals consists of five members and one alternate appointed by the Mayor and confirmed by a majority of the Council. The Alternate Member shall serve a term of two years. The Board hears appeals regarding administrative decisions by any official of the City dealing with Municipal Code interpretations.
Administrative citations are typically issued by a Code Enforcement Officer, Police Officer, or Animal Control Officer.
Three of the Board Members shall have experience in the building construction trades and/or training in the California Code of Regulations, or such training and experience necessary to hear appeals on Building, Housing, and Technical Codes. All appointed members of the Board shall be Antioch residents. Meetings are held the first Thursday of every month at 3:00 p.m.; or on other dates as needed.
In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, Antioch City Council Report
November 28, 2023 Agenda Item # 6 2
with the approval of the city council, shall make all appointments to boards, commissions, and committees, unless otherwise specifically provided by statute. Under Antioch Municipal Code §2-5.201, the Mayor shall nominate candidates for membership on all boards and commissions. Nominees shall be appointed to each board and commission upon receiving approval of at least a majority vote of the City Council.
The City C advertised to fill the vacancies in the usual manner. Currently, there are three vacancies on the Board of Administrative Appeals. Applications were received during the recruitment period and the applicants were interviewed by Mayor Thorpe.
Mayor Thorpe is nominating Sharif Umair for the partial term expiring March 2024 and John Constantine Richelsen for the partial term expiring March 2026.
The biography and background of the candidates will be presented at the City Council meeting.
ATTACHMENTS
A. Resolution for one (1) partial-term vacancy expiring March 2024 B. Resolution for one (1) partial-term vacancy expiring March 2026 C. Applications
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE BOARD OF ADMINISTRATIVE APPEALS FOR ONE (1) PARTIAL-TERM VACANCY ENDING MARCH 2024
WHEREAS, there are currently three (3) vacancies on the Board of Administrative Appeals;
WHEREAS, the City Clerk made announcement of the vacancies and solicited applications for these vacancies;
WHEREAS, Mayor Lamar A. Thorpe considered the applications received and interviewed the interested applicants;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Thorpe has nominated [insert name of appointee after appointment] to the Board of Administrative Appeals for a partial-term vacancy expiring March 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch [insert name of appointee after appointment]
and appoints [insert name of appointee after appointment] to serve on the Board of Administrative Appeals, for the partial-term vacancy ending in March 2024.
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE BOARD OF ADMINISTRATIVE APPEALS FOR ONE (1) PARTIAL-TERM VACANCY ENDING MARCH 2026
WHEREAS, there are currently three (3) vacancies on the Board of Administrative Appeals;
WHEREAS, the City Clerk made announcement of the vacancies and solicited applications for these vacancies;
WHEREAS, Mayor Lamar A. Thorpe considered the applications received and interviewed the interested applicants;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Thorpe has nominated [insert name of appointee after appointment] to the Board of Administrative Appeals for a partial-term vacancy expiring March 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch [insert name of appointee after appointment]
and appoints [insert name of appointee after appointment] to serve on the Board of Administrative Appeals, for the partial-term vacancy ending in March 2026.
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
7 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
SUBJECT: Resolutions Appropriating Expenditures for Encumbrances and Project Budgets Outstanding to the 2023/24 Fiscal Year Budget and Approving Other Amendments to the 2023/24 and 2024/25 Fiscal Year Budgets
RECOMMENDED ACTION
It is recommended that the City Council adopt the following resolutions:
1. Resolution of the City Council of the City of Antioch appropriating expenditures for encumbrances and project budgets outstanding to the 2023/24 fiscal year budget and approving other amendments to the 2023/24 and 2024/25 fiscal year budgets.
2. Resolution of the City Council of the City of Antioch approving amendments to the 2023/24 and 2024/25 fiscal year budgets for items considered at the meeting of November 28, 2023.
FISCAL IMPACT
Funds were committed and available in the prior fiscal year to pay for encumbrances and project budgets outstanding (Attachment A, Exhibits A & B). This action will carry forward those unspent funds and any related reimbursements into the current fiscal year. Other items requiring amendments are outlined in Exhibits C and D to Attachment A.
DISCUSSION
The City has closed the fiscal year 2022/23 year end. As a result, the following fiscal year 2023/24 budget amendments are requested for the General Fund, as well as other City funds:
Encumbrances are commitments (purchase orders) related to not yet completed contracts or purchases of goods or services. Encumbrances outstanding on June 30, 2023 are reported as assignments of fund balance since they do not constitute expenditures or liabilities and must be re-appropriated in the 2023/24 fiscal year budget. This action affords the appropriate authorization to complete the payment for these prior commitments (Attachment A - Exhibit A).
Antioch City Council Report
November 28, 2023 Agenda Item #7 2
Certain projects appropriated in the 2022/23 budget were not complete, and thus require the remaining budget to be carried forward into the 2023/24 budget to pay for remaining project expenditures (Attachment A - Exhibit B).
Other budget items reflect changes to the fiscal year 2024 and 2025 budgets needed. Refer to Exhibit C (FY24) and Exhibit D (FY25) included with the resolution (Attachment A).
Departments are requesting several new items for consideration this evening.
Attachment B is a resolution to approve those items, if any, that the City Council approves this evening.
Fiscal Year 2022/23 Unaudited Closing Numbers
Fiscal Year 2022/23 closed on June 30, 2023. The City is currently undergoing its year end independent financial statement audit. Preliminary closing figures for the General Fund reflect an ending fund balance of $37,899,927. Revenues exceeded expenditures by $6,846,668, resulting in $3,676,917 being set aside in the Budget Stabilization Fund at year end. An analysis of revenue and expenditure variances is provided below.
FY2023 Revenues - $2,235,523 higher than projected
The major contributing factor to net revenues higher than projected of $2.2M is due to the Citys required implementation of GASB 96 accounting pronouncement for subscription- based technology agreements. Under this pronouncement, the City must recognize software subscriptions as a liability for the full amount to be paid over the term of the agreement. For accounting purposes, the General Fund had to recognize Financing Proceeds of $1,934,212 with a corresponding offset in expenditures for these software agreements (a net zero impact to the General Fund). The majority of this revenue and expenditure were recognized in the Police Department for Police Department software.
As a result, revenues are inflated, with actual revenues only exceeding budget by $301,311.
FY2023 Expenditures - $8,606,770 less than projected
Removing the impact of implementing GASB 96, as mentioned in the prior paragraph, expenditures were actually $10.5M less than projected. The major contributing factors to expenditures lower than projected are:
$190,324 less in operating subsidy than projected to the Animal Shelter. $506,658 less in operating subsidy than projected to Recreation programs. $2,859,534 in salary savings from all unfilled positions. $1,579,605 represents non- Police salary savings, which the City Council will need to allocate to one-time projects and/or unfunded liabilities per the Citys one-time revenue policy. The appropriation has been included in the budget amendments in Exhibit C to Attachment A.
$257,090 in purchase orders on June 30, 2023 that are not yet spent. The carry forward of the budgets for these is included in the budget amendments in Exhibit A to Attachment A.
$4,143,693 in project budgets outstanding as of June 30, 2023 not yet entirely spent. The carryforward of the budgets for these is included in the budget amendments in Exhibit B to Attachment A.
$1,148,368 in CIP budgets that were unspent and re-budgeted/carried forward to FY24 via resolution 2023/99 with adoption of the 5-year capital budget.
Antioch City Council Report
November 28, 2023 Agenda Item #7 3
Other Budget Amendments for Fiscal Years 2024 and 2025
Exhibits C and D to Attachment A includes other budget amendments needed for the General Fund and other funds of the City. The purpose of the amendments is outlined in the attachments but a few to highlight are:
Reduce FY24 and FY25 sales tax budget by $716,531 and $844,166 respectively and FY24 and FY25 Measure W budget by $577,170 and $683,076 respectively based on the most current sales tax projections from the Citys consultants.
Increase General Fund property tax projections by $944,392 in FY24 and $982,221 in FY25 based on the assessment increases released by Contra Costa County.
$2,290,181 increase in FY24 General Fund other revenues for the DWR money for reimbursement of water. This is the final payment to be received under our settlement agreement with the State.
$1,579,605 added in FY24 General Fund expenditures for one-time revenue monies to be allocated to one-time projects and/or unfunded liabilities.
Reduced personnel expenditures in FY24 by $1,326,139 to recognize unanticipated vacancy savings.
$880,799 in personnel expenditures added in FY25 budget across funds ($514,978 for General Fund) for PERS Miscellaneous Plan employer contributions. The adopted budget was prepared using contribution estimates provided in the June 30, 2021 CalPERS actuarial valuation report. Actual contribution rates for FY25 were released in August 2023 in the June 30, 2022 actuarial valuation report and are higher than the previous projections provided and used in the budget.
Added $100,270 in FY24 General Fund expenditures for additional street sweeping services requested by City Council. The amount represents half a year of funding. $210,565 has been added to FY25.
The adopted budget included re-organization of Planning and Engineering divisions envisioned by prior administration with the creation of an Engineering Manager, and elimination of an Assistant City Engineer and Planning Manager.
The Planning Manager was approved to be re-instated by the City Council on September 12, 2023. Current administration believes the best model is to re- instate an Assistant City Engineer position and not create a new Engineering Manager position. This results in budget savings of $8,479 in FY24 and $15,156 in FY25.
Budget Summary
The next table reflects fiscal year 2022/23 unaudited closing numbers, and revised fiscal year 2023/24 and 2024/25 budget figures incorporating the amendments in this report included as Exhibits A, B, C and D to Attachment A. While it is not anticipated that 2022/23 General Fund numbers will change, the column is labeled unaudited until the audit is officially concluded as there could be minor updates.
Antioch City Council Report
November 28, 2023 Agenda Item #7 4
Budget Summary Table
2022-23 2023-24 2024-25
Unaudited Revised Revised
Beginning Balance, July 1 $34,730,176 $37,899,927 $31,550,781 Revenue Source:
Taxes 56,470,538 57,343,647 59,221,803
1% Sales Tax 20,301,244 20,568,263 21,044,826
Licenses & Permits 3,617,157 2,750,240 2,750,240
Fines & Penalties 31,489 75,100 75,100
Investment Income & Rentals 1,814,661 665,000 675,000 Revenue from Other Agencies 345,910 796,025 150,000
Current Service Charges 5,723,136 4,982,821 5,114,502 Other Revenue 2,742,421 2,810,381 520,200
Transfers In 4,385,010 4,581,008 7,426,288
Total Revenue 95,431,566 94,572,485 96,977,959
Expenditures:
Legislative & Administrative 6,185,167 6,140,169 7,099,956 Finance 1,735,280 2,084,941 2,274,530
Nondepartmental 7,404,899 9,108,308 5,286,965
Public Works 11,228,155 14,858,918 14,349,243
Police Services 48,515,054 52,346,811 54,795,861
Police Services-Animal Support 1,733,670 2,197,978 2,412,777 Recreation/Community Svs. 4,125,770 4,462,127 4,275,712 Pub. Safety & Community Resources 1,618,265 2,718,286 3,049,495 Community Development 6,038,638 7,004,093 8,684,335
Total Expenditures 88,584,898 100,921,631 102,228,874 Budget Stabilization Transfer (3,676,917) 0 5,250,915 Surplus/(Deficit) 3,169,751 (6,349,146) 0
Ending Balance, June 30 $37,899,927 $31,550,781 $31,550,781 Committed-Comp. Absences 150,338 150,000 150,000
Committed-Litigation Reserve 500,000 500,000 500,000
Committed-Comm. Dev. Fees 886,493 1,106,493 222,904
Assigned Encumbrances & Projects 7,160,654 0 0
Unassigned Fund Balance $29,202,442 $29,794,288 $30,677,877 Percentage of Revenue 30.60% 31.50% 31.63%
General Fund reserves are in compliance with the Citys reserve policy. The City Council adopted the two-year budget with the direction to not exceed utilizing more than $3M in budget stabilization funds each year in FY24 and FY25. The FY24 amount was reduced to zero from $843,764 as a result of increased revenue projections and FY25 increased by $2.25M due to mainly to the following factors: Approved budget amendments for encampment cleanups and adding back of the Planning Manager position, and amendments included in Exhibit D including PERS contribution increases and increased liability insurance cost. It does not include the other budget amendments requested in the next section. Reserves continue to be strong over the next two fiscal years and the Budget Stabilization Fund balance is projected to be $36.7M at the end of this fiscal year.
Antioch City Council Report
November 28, 2023 Agenda Item #7 5
Additional Budget Items for Consideration
Additional items for budget consideration are listed below:
1) Police Department
Fund five (5) additional Community Service Officer positions to provide more interactive and responsive community support to allow for significant improvement to response time and a reduction of overtime expenses. The FY24 fiscal year pro-rated budget impact is estimated to be $261,303 and the FY25 annual impact is $824,339 to the General Fund.
Fund two (2) additional Dispatcher positions to support the added interactions, duties and responsibilities involved with supporting the personnel from the Crisis Response Team, Code Enforcement and parking enforcement. The FY24 fiscal year pro-rated budget impact is estimated to be $122,706 and the FY25 annual impact is $386,807 to the General Fund.
Fund one (1) additional Office Assistant at Animal Services to assist with the increased visitors at the shelter since re-opening after COVID. During high volumes, an Animal Control Officer must assist verses handling calls for service in the field. The FY24 fiscal year pro-rated budget impact is estimated to be $37,661 and the FY25 annual impact is $118,711 to the General Fund in the form of increased subsidy to the Animal Services Fund.
Fund one (1) additional Animal Services Technician at Animal Services to bring the total to four. The shelter currently utilizes part-time positions in addition to three existing full-time positions, but the part-time positions have proven hard to fill, severely hampering the ability to ensure adequate animal care personnel are available daily. Incoming animals have also increased significantly since the end of the COVID pandemic. Annual part-time staffing costing approximately $26,000 would be reduced with the addition of this position and lower the fiscal impact. The FY24 fiscal year pro-rated budget impact is estimated to be $36,402 (net of part-time help savings) and the FY25 annual impact is $101,358 (net of part-time help savings) to the General Fund in the form of increased subsidy to the Animal Services Fund.
2) Human Resources
Fund one (1) Human Resources Specialist position in lieu of one (1) Human Resources Technician position at an estimated cost to the General Fund of $28,876 in FY24 (which would be covered by FY24 salary savings) and $31,333 in FY25. The Human Resources Director is requesting to fund this higher functioning position to work on recruitments, benefits administration, assist with workers compensation and other higher-level tasks to assist the Human Resource Analyst and Risk Manager to aid the Human Resources Department in functioning more effectively.
Antioch City Council Report
November 28, 2023 Agenda Item #7 6
3) Recreation
Requesting $50,000 in General Fund monies in FY25 for Sister City expenses. FY25 will be the Citys turn to host for Sister City and funds are needed to provide a meaningful and quality experience for our guests.
Requesting $110,000 in General Fund monies in FY25 for July 4th costs to be able to provide the community an event similar to the July 4th event that occurred this July.
Requesting $200,000 funding annually to begin in FY25 to establish a maintenance fund for the Water Park based on the needs assessment provided to City Council on November 14, 2023 (refer to staff report in Attachment C)
4) City Managers Office
Fund one (1) Assistant to the City Manager (ATCM) position. The ATCM will be responsible for assisting with operational tasks related to the day-to- day duties in the City Managers Office. The ATCM will be expected to research, analyze, and create reports/findings for the City Manager and/or the Assistant City Manager. The ATCM will work on gathering data specifically for Council-issued initiatives that reside in the City Managers Office.
Currently, all analytical work, research, contract negotiations and preparations, and any Council initiatives that fall under the City Managers Office purview, is performed by the City Manager and Assistant City Manager. The ATCM will assume the aforementioned duties allowing the City Manager and Assistant City Manager to continue to focus on other more pertinent duties. The FY24 fiscal year pro-rated budget impact is estimated to be $66,808 and the FY25 annual impact is $279,125 to the General Fund.
Private Security Companies for City-Owned Parking Lots - At the December 13, 2022, City Council Meeting, the City Council authorized the City Manager to issue a request for qualifications from private security companies to patrol City-owned parking lots. On September 22, 2023, the City received qualifications from eight private security companies. Staff is requesting to budget an annual maximum of $250,000 from the General Fund ($125,000 in FY24 and $250,000 in FY25) for security services. Staff will determine the best qualified company for this effort and return to Council for approval of the contract.
The table of the next page summarizes the total cost of these additional budget items and the impact on the fund balance presented in the budget summary table on page 4. The General Fund continues to meet the reserve policy with the additional requests as demonstrated on the next page.
Antioch City Council Report
November 28, 2023 Agenda Item #7 7
5) Water Park Need and One-Time Revenue Spending
On November 14, 2023, Parks and Recreation Director Helfenberger presented current maintenance needs of the Antioch Water Park (AWP) (refer to staff report in Attachment C). The most critical projects to open all features at the AWP in this upcoming spring total $1,485,000, with another $50,000 requested to get an engineering evaluation of the AWP that City staff were unable to assess. It is important that the City make continual investments in this unique, affordable experience we provide for the public so that our 40,000 annual visitors continue to return for a fun, safe and family friendly activity.
At the close of FY23, there was $1,579,605 in non-police salary savings considered one-time revenues under current City policy. It is recommended that all of this money be allocated to the AWP maintenance needs. The $1.579M is already included in the non-departmental expenditure total in the budget summary table on page 4.
FY23/24 FY24/25General Fund General FundRevised RevisedEnding Fund Balance (with other amendments) 31,550,781$ 31,550,781$ Fiscal Year 24 Staffing/Other if approved (649,880) GF Positions for Consideration:Assistant to the City Manager (City Manager) 66,808 279,125 Human Resources Specialist reclass (Human Resources) - 31,333 5 CSO's (Police) 261,303 824,339 2 Dispatchers (Police) 122,706 386,807 Office Assistant (Animal Services) 37,661 118,711 Animal Services Techinician (Animal Services) 36,402 101,358 Total General Fund Staffing Considerations 524,880 1,741,673 Other GF Items for Consideration:Sister City - 50,000 July 4th Event - 110,000 Water Park Maintenance Fund - 200,000 Private Security 125,000 250,000 Total General Fund Other Considerations 125,000 610,000 Ending Fund Balance 30,900,901$ 28,549,228$ Unassigned Fund Balance 29,144,408$ 27,676,324$ % of Revenue30.82% 28.54% Total General Fund Budget Impact - Other Items
Antioch City Council Report
November 28, 2023 Agenda Item #7 8
ATTACHMENTS
A. Resolution Appropriating Expenditures for Encumbrances and Project Budgets Outstanding as of June 30, 2023 to the 2023/24 Fiscal Year and Approving Other Amendments to the 2023/24 and 2024/25 Fiscal Year Budgets Exhibit A to Resolution Encumbrances to Reappropriate Exhibit B to Resolution Project Budget Carryovers
Exhibit C to Resolution Other Budget Amendments for Fiscal Year 2024 Exhibit D to Resolution Other Budget Amendments for Fiscal Year 2025 B. Resolution Approving Amendments to the 2023/24 and 2024/25 Fiscal Years Budget as Approved on November 28, 2023
Exhibit A to Resolution Budget Amendments Approved (to be added) C. November 14, 2023 Staff Report Regarding Antioch Water Park
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROPRIATING EXPENDITURES FOR ENCUMBRANCES AND PROJECT BUDGETS OUTSTANDING ON JUNE 30, 2023 TO THE 2023/24 FISCAL YEAR BUDGET AND APPROVING OTHER AMENDMENTS TO THE 2023/24 AND 2024/25
FISCAL YEAR BUDGETS
WHEREAS, a number of encumbrances have been reflected in the accounting system to reserve funds that were encumbered in the 2022/23 fiscal year budget, but are currently unexpended and are required to be re-appropriated to the 2023/24 fiscal year;
WHEREAS, project budgets outstanding as of June 30, 2023 need to be re- appropriated; and
WHEREAS, other amendments to the 2023/24 and 2024/25 fiscal year budgets are required;
NOW, THEREFORE, BE IT RESOLVED, that the appropriations of new expenditures to the 2023/24 fiscal year budget for encumbrances and projects outstanding on June 30, 2023 and revisions to the 2023/24 and 2024/25 fiscal year budgets, as specified in Exhibits A, B, C and D, incorporated herein by reference, are hereby approved and the budget shall be deemed to be so amended.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Account Appropriation
Fund/Department Description PO Number Vendor Request
GENERAL FUND:
Finance Maintenance Contracts P230037 Superion LLC 65,000.00 $ Community Development Operating Supplies P230563 Dell Computer Corp 14,738 Economic Development Contracts Professional P230251 Dulhare Inc 11,625 Economic Development Contracts Professional P230386 Eviva Brands LLC 24,500 Police Department Safety Materials P220503 LC Action Police Supply 16,000 Police Department Safety Materials P230141 Proforce Marketing Inc 24,000 Police Department Contracts Professional P220176 Preparative Consulting 40,000 Police Department Maintenance Contracts P230523 Allsteel Inc 9,772 Police Department Safety Materials P230121 LC Action Police Supply 16,000 Public Works Contracts Professional P210262 RMS Design 15,635 PSCR Contracts Professional P230407 Grace Arms of Antioch 16,825 PSCR Operating Supplies P230574 Computerland 2,995
Total General Fund 257,090$
RECREATION FUND:
Recreation Replacement Fund P230564 Altura Communications 13,195 $ Recreation Temporary Help - Agencies P230440 Davis, Wayne 2,360 Recreation Special Events P230559 DHP Sound and Lighting 2,804 18,359$
INFORMATION SERVICES FUND:
Information Services Computer Equipment P230464 Altura Communications 16,057 $ Total Information Services Fund 16,057$
VEHICLE MAINTENANCE FUND:
Public Works Contracts Professional P230209 Precision Auto Body 11,209 $ Public Works Contracts Professional P230405 Frontier Energy Inc 80,002 Total Vehicle Replacement Fund 91,211$
SOLID WASTE FUND:
PSCR Contracts Professional P220336 Local Government Commission 12,432 $ Total Solid Waste Fund 12,432$
WATER FUND:
Public Works Contracts Professional P140211 Walter Bishop Consulting 105,160 $ Public Works Contracts Professional P150436 Exoponent Inc 81,720 Public Works Contracts Professional P190239 Gualco Group Inc 32,595 Public Works Contracts Professional P230513 Foundry Construction 158,068 Total Water Fund 377,543$
SEWER FUND:
Public Works Equipment P230351 Vac-Con Inc 144,797 $
Public Works Contracts Professional P230513 Foundry Construction 158,068 Total Sewer Fund 302,865$
Grand Total Encumbrances 1,075,557$
EXHIBIT A
ENCUMBRANCES ON JUNE 30, 2023 TO REAPPROPRIATE
FY23 FY23 Balance to Funding
Description Budget Expenditures Carryover to FY24 Source Police Vehicle/Equipment Purchases 1,126,325$ 277,024 $ 849,301$ General Fund Public Works Vehicle Replacements & Equipment 447,735 112,037 335,698 General Fund Homekey Match - One time revenues 1,122,159 - 1,122,159 General Fund PSCR Department Vehicle Purchases 112,500 - 112,500 General Fund Unhoused Resident Services 359,172 187,925 171,247 General Fund Human Resources Training 20,000 11,139 8,861 General Fund 4th of July Celebration (July 2023) 70,418 - 70,418 General Fund Streets Division Road Repairs/Signs/Striping 832,134 525,450 306,684 General Fund Facilities Maintenance and Repairs 889,950 482,141 407,809 General Fund Signal and Street Light Maintenance/Repairs 585,000 494,609 90,391 General Fund Landscape & Parks Enhancements and Repairs 2,179,880 1,511,255 668,625 General Fund ARPA Projects 9,424,134 1,747,475 7,676,659 ARPA Fund PD Vehicle Purchases 204,482 34,678 169,80 4 Development Impact - PD PW Employees Training & Safety Programs/Supplies 103,000 60,732 42,268 Water Fund CCWD Water Purchases 15,375,000 13,918,236 1,456,764 Water Fund PW Vehicle, Equipment & Supply Purchases 1,184,640 623,885 560,755 Water Fund Furniture Upgrades - Fleet Offices 11,400 - 11,400 Vehicle Maintenance Fund Water Park Pump/Controller/Feeder Replacements 57,000 18,991 38,009 Recreation Fund Furniture Upgrades - WTP and Distribution Offices 95,037 - 95,037 Water Fund Vehicle Purchases 4,123,738 1,762,677 2,361,061 Vehicle Replacement Fund GIS Contracts - System Updates/Licensing Costs 400,230 115,835 284,395 Information Systems Fund GIS Training 4,500 3,800 700 Information Systems Fund CalVIP Grant Projects 425,000 28,325 396,675 CalVIP Fund Vehicle Repairs 11,209 - 11,209 Vehicle Maintenance Fund Marina Dock & Gate Assessments and Repairs 397,790 287,877 109,913 Marina Fund Landscape Enhancements, Maintenance & Repairs 2,639,895 1,444,078 1,195,817 SLLMDFunds
EXHIBIT B
PROJECT/OTHER BUDGET CARRYOVERS FROM JUNE 30, 2023
FY24 FY24 FY24
Fund/Account Budget Amendment Revised Budget (1) Purpose General Fund:
Taxes $78,261,219 ($349,309) $77,911,910 Increase property tax projections/Decrease sales tax Revenue from Other Agencies 227,229 568,796 796,025 SB2 and LEAP grants Other Revenue 520,200 2,290,181 2,810,381 DWR water reimbursement Budget Stabilization Transfer 843,764 (843,764) 0 Remove Budget Stabilization transfer Transfers In 4,372,793 208,215 4,581,008 Increase transfer from Police CFD funds Total General Fund Revenue 1,874,119
Nondepartmental 6,167,681 1 ,748,050 7,915,731 Liability insurance premium higher than projected/One-time revenues Legislative & Administrative 6,407,023 (311,840) 6,095,183 Vacancy savings Finance 2,071,464 (51,523) 2,019,941 Vacancy savings Public Works 13,281,377 (247,301) 13,034,076 Additional street sweeping/Insurance premium higher/Vacancy savings Community Development 7,010,191 (20,836) 6,989,355 Energov and Data Ticket fees/Vacancy savings Public Safety and Community Resources 2,934,775 (520,056) 2,414,719 Vacancy savings Total General Fund Expense 596,494
Budget Stabilization Fund:
Transfers Out 843,764 (843,764) 0 Remove transfer to General Fund Recreation Fund:
Expenses 6,385,306 15,293 6,400,599 Liability insurance premium higher than projected Transfer In - Prewett CIP 0 944 944 Close out of Prewett CIP Fund Prewett CIP Fund:
Revenues 0 97 97 Budget for interest earnings
Transfers Out 0 944 944 Close out Fund
CFD 2016-01 Police Protection Fund:
Revenues 247,348 36,617 283,965 Increase projected assessment revenue Transfer Out 238,765 36,617 275,382 Increase transfer to General Fund CFD 2018-02 Police Protection Fund:
Revenues 460,544 171,598 632,142 Increase projected assessment revenue Transfer Out 452,818 171,598 624,416 Increase transfer to General Fund CFD 2018-01 Public Services Fund:
Revenues 583,081 143,298 726,379 Increase projected assessment revenue CFD 2022-01 Public Services Fund:
Revenues 47,716 86,388 134,104 Increase projected assessment revenue CIP Fund:
Transfers In - Gen Fd for EV Project 0 1,226,760 1,226,760 Transfer in from Gen Fund for EV project approved EV Transition Project 0 1,226,760 1,226,760 EV project approved Bicycle Garden Project 4,550,000 450,000 5,000,000 Additional match required for project Opioid Settlement - Jansen Fund:
Revenues 0 20,000 20,000 Projected opioid settlement funds Vehicle Maintenance Fund:
Expenses 2,636,402 38,375 2,674,777 Increase in liability insurance and vandalism costs Water Fund:
Non-Capital Expenses 45,345,065 31,243 45,376,308 Increase in liability insurance Hillcrest Booster Pump Project 0 265,000 265,000 Budget needed to close out project James Donlon Booster Pump Project 70,620 70,932 141,552 Budget needed to close out project Water System Improvement Fund:
WTP Disinfection Project 984,691 (984,691) 0 Budget not needed in FY24 Gas Tax Fund:
Pavement Management System Project 128,000 (30,000) 98,000 Move budget to FY25 to match adopted CIP budget SLLMD Funds:
Transfers In - Admin Fund 687,605 115,533 803,138 Increase SLLMD transfers to SLLMD Admin Fund for budget carryovers Transfers Out to Admin Fund 687,605 115,533 803,138 Increase SLLMD transfers to SLLMD Admin Fund for budget carryovers (1) Does not include PO or budget rollovers from Exhibits A & B
EXHIBIT C
OTHER BUDGET AMENDMENTS - FY24
FY25 FY25 FY25
Fund/Account Budget Amendment Revised Budget Purpose
General Fund:
Taxes $80,811,650 ($545,021) $80,266,629 Increase property tax projections/Decrease sales tax Current Service Charges 5,114,409 93 5,114,502 Increase in billings to departments Budget Stabilization Transfer 3,000,000 2,250,915 5,250,915 Increase to balance General Fund for amendments Transfers In 7,218,073 208,215 7,426,288 Increase transfer from Police CFD funds Total General Fund Revenue 1,914,202
Nondepartmental 5,106,965 180 ,000 5,286,965 Project higher liability insurance premium based on FY24 Legislative & Administrative 6,992,281 107 ,675 7,099,956 Increase in PERS contributions Finance 2,232,494 42 ,036 2,274,530 Increase in PERS contributions Police 57,067,857 140 ,781 57,208,638 Increase in PERS contributions Public Works 14,044,518 304 ,725 14,349,243 Additional street sweeping/Insurance premium/PERS increase Community Development 8,557,084 127,251 8,684,335 Data Ticket fees/Supplies/Increase in PERS contributions Recreation/Community Services 4,238,84 3 36,869 4,275,712 Increase subsidy for PERS contributions Public Safety and Community Resources 3,013,473 36,022 3,049,495 Increase in PERS contributions Total General Fund Expense 975,359
Budget Stabilization Fund:
Transfers Out 3,000,000 2,250,915 5,250,915 Increase to balance General Fund for amendments Recreation Fund:
Expenses 6,670,743 53,691 6,724,434 Increase in PERS contributions and projected liability insurance Transfer In - Gen Fund 4,238,843 36,869 4,275,712 Increase subsidy from Gen Fund for PERS contributions Water Fund:
Non-Capital Expenses 48,902,752 241,123 49,143,875 Increase in PERS contributions and projected liability insurance CFD 2016-01 Police Protection Fund:
Revenues 247,348 36,617 283,965 Increase projected assessment revenue Transfer Out 238,363 36,617 274,980 Increase transfer to General Fund CFD 2018-02 Police Protection Fund:
Revenues 460,544 171,598 632,142 Increase projected assessment revenue Transfer Out 452,818 171,598 624,416 Increase transfer to General Fund CFD 2018-01 Public Services Fund:
Revenues 583,581 143,298 726,879 Increase projected assessment revenue CFD 2022-01 Public Services Fund:
Revenues 47,916 86,388 134,304 Increase projected assessment revenue Opioid Settlement - Jansen Fund:
Revenues 0 20,000 20,000 Projected opioid settlement funds Vehicle Maintenance Fund:
Expenses 2,555,979 65,639 2,621,618 Increase in liability insurance/vandalism costs/PERS contributions Gas Tax Fund:
Pavement Management System Project 0 30,000 30,000 Move budget from FY24 to FY25 to match adopted CIP budget Non-Capital Expenses 1,963,312 4,947 1,968,259 Increase in PERS contributions Sewer Fund:
Non-Capital Expenses 10,279,710 81,779 10,361,489 Increase in PERS contributions Information Services Fund:
Expenses 3,655,031 40,417 3,695,448 Increase in PERS contributions Marina Fund:
Expenses 1,268,919 5,698 1,274,617 Increase in PERS contributions Loss Control Fund:
Expenses 3,520,707 4,979 3,525,686 Increase in PERS contributions Animal Services Fund:
Expenses 2,672,174 15,103 2,687,277 Increase in PERS contributions Solid Waste Fund:
Expenses 446,568 3,845 450,413 Increase in PERS contributions CalVIP Fund:
Expenses 686,044 4,625 690,669 Increase in PERS contributions
EXHIBIT D
OTHER BUDGET AMENDMENTS - FY25
ATTACHMENT B
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING AMENDMENTS TO THE 2023/24 AND 2024/25 FISCAL YEAR BUDGETS FOR
THOSE BUDGET ITEMS UNDER CONSIDERATION AND APPROVED ON
NOVEMBER 28, 2023
WHEREAS, the City Council of the City of Antioch has considered budget items as presented by the Citys Finance Director in the staff report of November 28, 2023 entitled, Resolutions Appropriating Expenditures for Encumbrances and Project Budgets Outstanding to the 2023/24 Fiscal Year Budget and Approving Other Amendments to the 2023/24 and 2024/25 Fiscal Year Budgets;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Antioch hereby approves the amendments to the fiscal year 2023/24 and 2024/25 budgets discussed and approved at the City Council meeting of November 28, 2023 incorporated by references and attached hereto as Exhibit A. [TO BE DETERMINED AND ATTACHED]
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
7 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 14, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director APPROVED BY:Kwame Reed, Acting City Manager
SUBJECT: Discussion of Maintenance Needs and Capital Project Funding at the Antioch Water Park
RECOMMENDED ACTION
It is recommended that the City Council receive the presentation on the current maintenance needs and capital project funding of the Antioch Water Park and provide direction on next steps.
FISCAL IMPACT
The fiscal impact of the proposed unfunded projects to be addressed in FY 2023-24 is $1,485,000. The fiscal impact of the proposed engineering evaluation is $50,000. The fiscal impact of the proposed Water Park Replacement Fund will be $200,000 annually beginning in FY 2023-24. The total fiscal impact of all proposals is $1,735,000 for Fiscal Year 2023-24 and $200,000 for Fiscal Year 2024-25. Additional impacts will be shared with Council once more information is obtained. The fiscal impacts are further detailed below.
DISCUSSION
The Antioch Water Park opened in 1996 and is one of the largest municipally operated water parks in the East Bay. The park’s low entrance fees are structured so that it is accessible to the community. It is also one of the largest employers of youth in Antioch.
The park’s amenities are summarized below:
The Antioch Water Park’s main features include five pools, five slides, and a spray park:
The Lap Poolis a 6-lane, 25-yard pool ranging from 3-6 feet deep and is used primarily for swim lesson instruction, lap swim, water aerobics, and recreational swim during general admission.
ATTACHMENT C, P.1
Antioch City Council Report
November 14, 2023 Agenda Item #7 2
The Tad Poolis a small wading pool 18” deep designed for young children. It contains a gentle water feature that cascades down progressive steps, allowing for water play and discovery.
The Boulder Poolis one of the two primary activity pools during general admission. It ranges from 2.5-4 feet deep and contains three slides:
o Otter Slide: the smallest slide designed for riders 36”-48” tall o Humphrey Slide: a unique wide, straight slide that allows for up to two riders to slide simultaneously
o Crystal Slide: The water park’s only tunnel slide
The Splash Pool is the landing zone for the park’s two tallest slides, which depart from the top of Prewett Peak, the highest point in the park:
o Rattler’s Run: The water park’s only slide designed for use with innertubes, which can be ridden with one or two riders
o Canyon Cooler: the park’s longest single rider only slide The Sport Pool is the other primary activity pool during general admission. It ranges from 3.5-4.5 feet deep and features a set of “Lily Pads” where participants traverse to reach an island in the middle.
The “Cattail Harbor” spray park was added in 2016. It is a flat play area with many features that spray water for free play.
The Antioch Water Park has four buildings:
The front (primary) building contains the main lobby, locker rooms, family changing rooms, staff offices, a multipurpose space with a dining capacity of 120, and Mechanical Room 1, which services the Tad and Lap Pools. “Allie’s Oasis” is a small building located near the Lap Pool. It is named for Allie the Alligator, the Water Park’s mascot, and is used for selling soft drinks, ice cream, and non-perishable foods.
The rear building contains an additional set of restrooms, changing area, and the “Gator Grill,” which is the main concession stand that serves hot food during general admission. The rear building also contains Mechanical Room 2, which services the Boulder, Splash, and Sport Pools.
Mechanical Room 3 is a small building that services the Cattail Harbor Spray Park.
There is also a large storage shed just outside the water park for bulk storage and heavy equipment.
Many components of the Water Park are in their original condition and/or have reached the end of their useful life. The cost for replacement of most of these components is not currently budgeted. During the 2023 General Admission Season, various pools and slides were periodically closed, sometimes for extended periods of time due to safety and/or code compliance concerns. As a result, overall park visits declined by 9.8% compared to the 2022 season and revenue declined by 28.4%. Revenue declines were exacerbated by the need to cancel private rentals (or buyouts), which typically generate net positive revenue. The chart below details the change in participation and revenue:
June-Sep 2022 June-Sep 2023 % Change
Number of Visitors 40,977 37,315 -9.8%
Revenue $541,616 $421,790 -28.4%
ATTACHMENT C, P. 2
Antioch City Council Report
November 14, 2023 Agenda Item #7 3
Recent/Existing/Funded Projects
The City Council has authorized significant funding to address maintenance issues at the Antioch Water Park over the past few years. Below is a summary of major maintenance projects that have either been completed, are underway, or have been funded since 2020.
Recent/ Existing/
Funded Project Project Status
Funded
Amount Notes
Partial Deck
Replacement/
Recoating
Completed in various
phases 2020-2022
$914,000 Project Completed
Boulder Pool Feature
Pumps
Completed in 2021 $65,000 Project Completed
Front Building Roof
Replacement
Completed in 2023 $116,000 Project Completed
Perimeter Fencing Underway $500,000 Budgeted Amount,
final cost TBA
Funded with ARPA
Prewett Peak
Structure Remediation
Underway $400,000 Budgeted Amount,
final cost TBA
Pool Plaster
Replacement
Planned/ Partially
Funded
$190,000 Budgeted Amount,
final cost TBA
Building Siding
Replacement/ Exterior
Painting of Front
Building
Planned/ Funded $250,000Budgeted Amount,
final cost TBA
TOTAL $2,435,000 Total funding of
Capital Projects
Since 2020
Needed Projects:
During the Fiscal Year 2023-25 Budget process, several capital projects relating to the Antioch Water Park were proposed for funding consideration. Council directed staff to return with a complete overview of all capital needs at the Antioch Water Park. Staff have conducted a thorough study of the various features and components of the water park and assigned a priority rank 1-4 (with 1 being the highest) to each need. The following tables break down these needs and their estimated costs:
(continued on next page)
ATTACHMENT C, P. 3
Antioch City Council Report
November 14, 2023 Agenda Item #7 4
Table 1: Items that have been mandated by a regulatory agency to be addressed, or items that are currently non-functional. These items must be addressed before the pool/feature can reopen:
Recent/ Existing/
Funded Project Brief Description
Funded
Amount Unfunded Amount
Slide Repair and
Resurfacing
Replace Polyester
Resin Coating
$175,000
Tile, Coping, & Plaster
Replacement on
Boulder and Splash
Pools*
To address cracking
on pool surface
“Coping” refers to the
concrete around the
edge of the pool
$190,000 $235,000
Crystal Slide Pump Replace non-
functional pump
$20,000
Boulder Pool Heater Currently non-
functional
$40,000
Deck/ Stair Repair Humphrey Slide Exit $85,000
Chemical Feeders/
Controllers**
Replace non-
functional existing
$50,000
Concrete Repair at
top of Humphrey
Slide**
To address cracking,
sharp edges
$20,000
Total $190,000 $625,000
*temporary repairs could be done, but would not address the issue long-term **This work is already complete and was authorized by staff as emergency work. The work was paid for out of the water park’s operating budget. Should Council not fund these items it will present operational challenges later in the year as this budget runs out. (continued on next page)
ATTACHMENT C, P. 4
Antioch City Council Report
November 14, 2023 Agenda Item #7 5
Table 2: High priority items that should be addressed as early as possible to ensure continued safe operation of the pool/feature:
Recent/ Existing/
Funded Project Brief Description Unfunded Amount
Notes
Coping/ Deck
Replacement on Lap
Pool
To address cracking
and rusting rebar
Coping - $80,000
Deck - $220,000
“Coping” refers to
the concrete around
the edge of the pool
Plaster Replacement
on Lap and Tad Pools
To address cracking
on pool surface
$190,000
Tad Pool Filter Replace original sand
filter
$20,000Filter is cracked and
leaking
Canyon Cooler Slide
Pump
Pump isbelieved to
be original
$20,000 Same pump as
Crystal, which is
non-functional
Deck Replacement
near Allies Oasis
To address cracking
and rusting rebar
$165,000
Stair Replacement
near Allies’ Oasis and
Main Promenade
To address cracking
and rusting rebar
$115,000
Renovate Rear
Restrooms
Replace broken/
missing hardware/
new flooring/ tile
$50,000
Coping/Deck/Plaster
Replacement on Sport
Pool
To address cracking
and rusting rebar
Plaster - $130,000
Coping - $110,000
Deck - $515,000
Funding for this item
not requested at this
time; additional info
needed
Total $860,000
(continued on next page)
ATTACHMENT C, P. 5
Antioch City Council Report
November 14, 2023 Agenda Item #7 6
Table 3: Items that will need to be addressed within 1-3 years in order to ensure safe operation:
Recent/ Existing/
Funded Project Brief Description
Estimated
Replacement
Timeline
Unfunded Amount
(if known)
Replace Remaining
Pool Heaters
Heaters are all near
the end of useful life
1-3 Years $220,000
Deck Replacement
near Tad Pool
To address cracking 1-3 years $150,000
Siding Repair/Painting Allies Oasis and Rear
Building
1-3 years $300,000
Renovate Front
Locker Rooms and
Lobby
New flooring, tile,
lockers, shower/
restroom partitions,
new front counter
1-3 Years TBD
Renovate Staff Office
Areas
New flooring, convert
old kitchen to
manager office
1-3 Years TBD
Deck PA System –
Repair/Replace
Main PA system for
communication and
background music
1-3 Years TBD
Rock Façade Repair/
Replacement
Issue to be
investigated
1-3 years TBD
Cattail Harbor Feature
Valves
Repair functionality of
Water Features
1-3 years TBD
Total $670,000 (known)
Table 4: Items that will need to be addressed within 3-5 years in order to ensure safe operation:
Recent/ Existing/
Funded Project Brief Description
Estimated
Replacement
Timeline Unfunded Amount
Water Heaters for
Running Water
Boilers are original
and nearing end of
useful life
3-5 Years TBD
Renovate Front
Building Multipurpose
Room
Replace Floor, Paint,
Sound System,
Movable Partition
3-5 Years TBD
Renovate Gator Grill
(Rear Building)
Add Air Conditioning,
new floor/ paint,
replace appliances
3-5 years TBD
Additional Deck
Repair/Replacement
3-5 years TBD
Replace 4 Pool Filters 3-5 years TBD
ATTACHMENT C, P. 6
Antioch City Council Report
November 14, 2023 Agenda Item #7 7
Engineering Evaluation:
Staff is proposing to allocate $50,000 to hire an aquatic design firm to perform an evaluation of components that staff were not able to, primarily for items where the immediate solution is not known. These include, but are not limited to:
Structural Evaluation of Sport Pool:
The Sport Pool is no longer level has settled approximately five inches on one side. An investigation is needed to determine the cause of the settling before a fix can be recommended. However, the deck, coping, and plaster need to be replaced regardless, which has an estimated cost of $755,000 as detailed in table 2. It is unknown at this time whether there will be additional costs related to the settling issue.
Rock Façade Evaluation:
All of the slide structures are covered in spray-on concrete which gives a more natural rock-like appearance. However, this concrete is beginning to degrade and will either need to be recoated or replaced. A specialist is needed to determine what fix is needed along with potential costs.
Remaining Features:
The selected firm will also be tasked with reviewing the remainder of the park to provide an overall facility evaluation and provide additional recommendations.
Once this evaluation is complete, staff will return with an update and additional funding recommendations.
Future Capital Replacement:
Staff is proposing to create a Water Park Replacement Fund to better plan for future replacement costs. This fund is proposed to start at $200,000 annually and will initially fund items in tables 3 & 4. As the fund builds over time, funds will then be available for major projects as needed. This will allow better planning for future capital needs of the Water Park.
CONCLUSION
Staff is seeking direction from Council to fund items in Tables 1 and 2, the engineering evaluation, and the future capital fund. This will result in a fiscal impact of $1,735,000 for Fiscal Year 2023-24 and $200,000 for Fiscal Year 2024-25. Upon completion of the engineering evaluation, staff will return with the results along with an additional funding request, which will include the current known costs of $755,000 for the Sport Pool as detailed in Table 2.
Should Council desire to fund the above, staff intends to bring any funding adjustments to the November 28th City Council Meeting during the scheduled budget adjustment discussion.
ATTACHMENTS
A. Water Park Map
B. Presentation
ATTACHMENT C, P. 7