Agenda — Arvin City Council, October 24, 2023 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY OCTOBER 24, 2023 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Trujillo

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Olivia Trujillo Mayor
Daniel Borreli Mayor Pro Tem
Donny Horton Councilmember
Susana Reyes Councilmember
Juan Murillo Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

PUBLIC COMMENTS:

The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.

CONDUCT IN THE CITY COUNCIL CHAMBERS:

Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).

Removal from the Council Chambers:

Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.

AMERICANS with DISABILITIES ACT:

In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Arvin City Council Meeting Agenda – October 24, 2023

Page 1 of 4 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___

2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)

3. PRESENTATION(S)
A. The Arvin Navigation Center: A Year in Review
Andrew Dominguez, Program Manager – ANC Flood Ministries

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of October 06, 2023 – October 19, 2023.

B. Approval of Payroll Register(s) of October 13, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of October 10, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin Regarding the Preparation of the 2024 Local Appointments List and Posting of the Same.

E. Approval of A Resolution of the City Council of the City of Arvin Authorizing Submittal of A Financial Assistance Application to the State Water Resources Control Board for the Tertiary Treatment Upgrades at the City of Arvin’s Wastewater Treatment Plant.

F. Approval of A Resolution of the City Council of the City of Arvin to Approve the Arvin Chamber of Commerce Special Event Permit Application for their Annual Christmas Parade to be Held on December 04, 2023, Authorize Closure of Streets and Waive City Costs Associated with this Event Subject to Execution of A Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.

G. Authorization to Hold Haunted House and Trunk-or-Treat City of Arvin and Bear Mountain Recreation and Park District Joint Special Event on October 31, 2023; Approval of Memorandum of Understanding with Bear Mountain Parks and Recreation for Use of the DiGiorgio Park Pool Facility from October 26, 2023 to November 1, 2023; and Approval of the Joint/Multiple Client Disclosure and Consent from Hodges Law Group.

Staff recommends approval of the Consent Agenda.

Arvin City Council Meeting Agenda – October 24, 2023

Page 2 of 4 ends

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption and Second Reading of An Ordinance of the City Council of the City of Arvin Adopting Zoning Code Amendment ZCA No. 2023-04 to Title 17 Zoning - Deleting Chapter 17.50, Section

17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and to Accept California Environmental Quality Act (CEQA) A Notice of Exemption. (City Planner).

Staff recommends the City Council approve the adoption of the Ordinance to be read by title only; open the hearing; allow for public testimony; close the hearing; waive second reading of the Ordinance; and approve the adoption of the Ordinance.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Adopting the Findings and Approving A Master Services Agreement and Statement of Work for Energy Related Improvements to City of Arvin’s Wastewater Treatment Plant (WWTP) with Enovity, Inc., A Veolia Company. (City Manager)
Staff recommends to open the hearing, allow for public testimony, closed the hearing and approve the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___

6. ACTION ITEM(S)
A. Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito & Vector Control District (KMVCD) and Setting the Term of the Appointment. (City Clerk)
Staff recommends that the City Council appoint a qualified Arvin resident or a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – October 24, 2023

Page 3 of 4 ends

B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Establishing An Ad Hoc Committee to Review Methods of Employee Retention. (City Attorney)
Staff recommends approval of the Resolution and that the Mayor appoint two (2) Council Members to serve on the Ad Hoc Committee.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___

7. SUCCESSOR AGENCY ACTION ITEM(S)
A. Consideration and Approval of Real Estate Purchase and Sale Agreement between City of Arvin as Successor Agency to the Arvin Community Redevelopment Agency and Larry Joseph Walker Related to Real Property known as 816 Sycamore Road, Arvin (APN 192-110-16). (City Manager) Staff recommends approval of the Real Estate Purchase and Sale Agreement.

Motion __________ Second __________ Vote __________
Roll Call: AM/CM Murillo ___ AM/CM Reyes ___ AM/CM Horton ___ AM/MPT Borreli ___ Chair/Mayor Trujillo ___

8. CITY MANAGER’S REPORT

9. COUNCIL MEMBER COMMENTS

10. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

Page 4 of 4 ends

11. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated October 19, 2023.

Cecilia Vela, City Clerk
The Arvin Navigation Center
S e r v i n g t h e c o m m u n i t i e s o f A r v i n a n d L a m o n t S i n c e A u g u s t , 2022

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 •The Arvin Navigation Center (ANC) of Flood Ministries is dedicated to the work of reducing homelessness and transforming lives through the building and strengthening of relationships. •We seek to provide exceptional and personalized care that addresses each guests needs and improves their quality of living. •Through the building and strengthening of relationships and the application of targeted services our staff empower our guests to overcome certain barriers to housing, establish a continuum of care, and assist in re-establishing support systems that contribute to their retention of housing.

R e d u c i n g H o m e l e s s n e s s , Tr a n s f o r m i n g L i v e s About Us

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 FR
•Current operational hours are 8:30 am to 4:00 pm. •Food packs, and meals are provided as needed. •For those experiencing homelessness, the Navigation Center provides a safe place for guests to receive meals and an assortment of critical services aimed to provide stability.
•Hygiene, laundry services, and clothing assistance are also available to guests in need.

G e n e r a l O p e r a t i o n a l O u t l i n e
Service Details

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 FR
•Total Meals & Food Packs: 1,804 •Hygiene Kits: 460 •Laundry Services: 116 •Medi-Cal Acquired: 20 •Vital Documentation (includes PRC): 105 •Immigration Services: 9 •Mental Health & Substance Abuse Services: 33 •Homeless Prevention (Self Help): •Shelter Placements: 36 •Housed (Bakersfield): 8 A l o t C a n H a p p e n I n a Ye a r
Service Outcomes: August 2022 – September 2023

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 FR
S e r v i n g T h r o u g h T h e C h a l l e n g e s
Additional Service Outcomes
• High number of return Rates for Shelter
Placements
• Limited to no Affordable Housing in the
Region
• Serving and assisting the Undocumented
• Transportation for Services in Bakersfield
Shelter Placements Return From Shelters Housed Clients Locally Housed

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 FR
R e s p o n d i n g t o c r i s e s i n t h e C o m m u n i t y Other Roles of Flood

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 FR
P r o g r e s s T h r o u g h C o l l a b o r a t i o n Future Goals: Arvin Navigation Center • Our Goal at the ANC is to continually grow as a service provider in the community.
• Mobile showers will be added and are expected to expand the number of services provided.
• We seek to establish a reliable transportation system and form collaborations to ensure that our guests are
transported to, andreceive regular services from primary care providers.
• Our goal is to provide 24/7 access for persons
experiencing homelessness in the Arvin and Lamont
communities.

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 Ways To Support and Volunteer
• Monthly Client focused BBQs
(4th Tue.)
• Winter Clothing & Blanket
Donations
• BKHRC’S Annual PIT Count
(January 24th, 2024)

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 Thank You.

Andrew Dominguez, Program Manager
(661) 808-3824
[email protected]
www.floodbako.com

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_102423 10/12/2023 2:41:02 PM Page 1 of 7
Payment Register
City of Arvin APPKT00514 - FOR AP 10/12/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1542
Vendor Number

ADLERHORST INTERNATIONAL LLC
Total Vendor Amount
6,172.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 6,172.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 110394 ADLERHORST T-SHIRTS & HATS 07/21/2023 07/21/2023 0.00 172.94 INV0000914 2 TITLED POLICE SVC DOGS, 2 BASIC HANDLER COURSES 10/11/2023 10/11/2023 0.00 6,000.00 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
16,947.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 16,947.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount WATER SERVICES 08.24.23-09.22.23 WATER SERVICES 08.24.23-09.22.23 10/01/2023 10/01/2023 0.00 16,947.12 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
433.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 433.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X09282023 PW + COMM DEV + CH CELL PHONES 08.23.23-09.22.23 09/22/2023 09/22/2023 0.00 433.54 1172
Vendor Number

BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 53706708116 09.17.23 - EUTHANASIA 09/27/2023 09/27/2023 0.00 185.00 1183
Vendor Number

BRET BARKER
Total Vendor Amount
1,231.22
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 1,231.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $1,231.22REIMBURSEMENT OF $1,231.22 FOR BITE SUIT FOR K9 10/03/2023 10/03/2023 0.00 1,231.22 1155
Vendor Number

CENTRAL VALLEY OCCUP
Total Vendor Amount
267.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 267.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 00584692-00 PRE-PLACEMENT PHYSICAL EXAM JOSUE R, 09/05/2023 09/05/2023 0.00 267.00 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
2,051.67
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 2,051.67
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0901418 SUPPLEMENTAL INS SEPT. 2023 09/25/2023 09/25/2023 0.00 2,051.67

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

5.11 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 5.11
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 499128 BOLTS AND NUTS FOR SHOP USE 09/27/2023 09/27/2023 0.00 5.11 1048
Vendor Number

COPWARE
Total Vendor Amount
705.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 705.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 86517 SITE LICENSE FOR 1-25 SWORN OFFICERS 2023/2024 10/02/2023 10/02/2023 0.00 705.00 1298
Vendor Number

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
1,697.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 1,697.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 123390200 WEEK ENDING 10.01.23 CAROLINA M. 10/01/2023 10/01/2023 0.00 1,697.96 1052
Vendor Number

CSJVRMA
Total Vendor Amount
164,372.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 164,372.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RMA 2024-0085 2023/2024 2ND QTR DEPOSITS 09/15/2023 09/15/2023 0.00 164,372.00 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
9,324.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 9,324.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34336 SECURECENTRIC + FIREWALL OCTOBER 2023 10/01/2023 10/01/2023 0.00 7,974.34 34337MS MICROSOFT 365 FOR BUSINESS OCOTBER 2023 10/01/2023 10/01/2023 0.00 1,349.90 1594
Vendor Number

ENTERPRISE FM TRUST
Total Vendor Amount
55,744.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 55,744.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FBN4858528 MONTHLY LEASE CHARGES FOR OCTOBER 2023 10/04/2023 10/04/2023 0.00 55,744.33 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
1,455.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 1,455.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0213 ARVIN PD FLEET WASH 09.27.23 09/27/2023 09/27/2023 0.00 660.00 INV0215 ARVIN PD FLEET WASH 10.04.2023 10/12/2023 10/12/2023 0.00 795.00 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
160.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 160.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

10.10.23 INTERPRETER SERVICES 10.10.23 10/10/2023 10/10/2023 0.00 160.00

FORD MOTOR CREDIT COMPANY LLC
Total Vendor Amount
24,871.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 24,871.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1775760 1-2022 FORD MUSTANG MACH-E 09/23/2023 09/23/2023 0.00 14,692.59 1775761 1-2022 FORD ESCAPE 09/23/2023 09/23/2023 0.00 10,179.19 1074
Vendor Number

GRAINGER
Total Vendor Amount

24.38 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 24.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9846826163 HPS BULB FOR VETS HALL 09/21/2023 09/21/2023 0.00 24.38 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
875.72
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 875.72
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8422 2017 FORD ENGINE OIL CHANGE 09/26/2023 09/26/2023 0.00 159.87 8424 UNIT 281 REPLACE FRONT DISC PADS/MACHINES ROTORS 09/27/2023 09/27/2023 0.00 610.26 8427 2023 FORD- WIPER BLADES 09/29/2023 09/29/2023 0.00 105.59 1646
Vendor Number

JOSE ALANIZ JR
Total Vendor Amount
324.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 324.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 260 LIGHT TOWER #1 FOR NATIONAL NIGHT OUT 10/03/2023 10/03/2023 0.00 324.75 1088
Vendor Number

KERN COUNTY FORENSIC SERVICES
Total Vendor Amount
1,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 1,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2300 NON-ACUTE PEDIATRIC EXAM 10/02/2023 10/02/2023 0.00 1,500.00 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount

12.69 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 12.69
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 152434 IMPELLER FOR 2' WATER PUMP 09/12/2023 09/12/2023 0.00 12.69 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
5,093.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 5,093.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV746336 CARRIERS AND POUCHES FOR PEDRO B. 09/15/2023 09/15/2023 0.00 324.75 INV748250 ARMOR FOR OFFICER RUBIO 09/22/2023 09/22/2023 0.00 1,442.25 INV748844 ARMOR FOR OFFICER GONZALEZ 09/25/2023 09/25/2023 0.00 1,442.25 INV748846 ARMOR FOR OFFICER SAMIN 09/25/2023 09/25/2023 0.00 1,442.25 INV748860 CARRIERS AND POUCHES FOR KAISER S. 09/25/2023 09/25/2023 0.00 441.66 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
880.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 880.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14001708 UNIT 211 REPLACE ENTRY DOOR 09/14/2023 09/14/2023 0.00 660.00

MIGUEL ANGEL VILLALOBOS GONZALEZ
Total Vendor Amount
350.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 350.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 008 PHOTO BOOTH FOR NATIONAL NIGHT OUT 10/03/2023 10/03/2023 0.00 350.00 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 723582 BIN RENT AND 4 YD ROLL OFF OCTOBER 2023 10/01/2023 10/01/2023 0.00 214.18 1615
Vendor Number

NVA STIERN VETERINARY MANAGEMENT
Total Vendor Amount
326.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 326.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 335906 OFFICE VISIT ROUTINE - DAGO K9 08/05/2023 08/05/2023 0.00 326.06 1107
Vendor Number

OPEN & SHUT ENTERPRISES
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 99688 GATE WAS STUCK OPEN 07/28/2023 07/28/2023 0.00 300.00 1108
Vendor Number
PG & E
Total Vendor Amount
281.66
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 281.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 08.31.23-09.29.23 8440977428-2 08.31.23-09.29.23 09/29/2023 09/29/2023 0.00 281.66 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
19,943.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 19,943.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 119723 ON CALL PROF. SERVICES 06.25.23-07.22.23 07/26/2023 07/26/2023 0.00 2,838.00 119753 ON CALL LAND SURVEYING 06.25.23-07.22.23 07/31/2023 07/31/2023 0.00 3,837.50 120189 ON CALL LAND SURVEYING 07.23.23-08.19.23 08/30/2023 08/30/2023 0.00 6,337.50 230167 ARVIN TCC PROJECT- KEEPING IT GREEN PROJECT 08/31/2023 08/31/2023 0.00 6,930.00 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62627422 WEEK ENDING 09.29.23 JAZMIN C. 10/02/2023 10/02/2023 0.00 1,293.60 1200
Vendor Number

SELF HELP ENTERPRISES
Total Vendor Amount
16,472.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 1,887.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE #4 CITY OF ARVIN RARVPLHA 11.01.22-11.30.22 09/12/2023 09/12/2023 0.00 1,887.15

4.A.1
Attachment: Demand Register(s) October 06, 2023 - October 19, 2023 (Demand Register(s) of October 06, 2023 - October 19, 2023.) Payment Register APPKT00514 - FOR AP 10/12/2023
10/12/2023 2:41:02 PM Page 5 of 7
Check 10/12/2023 11,045.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE #5 CITY OF ARVIN RARVPLHA 12.01.22-12.31.22 09/15/2023 09/15/2023 0.00 11,045.61 Check 10/12/2023 2,040.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE #6 CITY OF ARVIN RARVPLHA JAN. 1.23- JAN.31.2023 09/15/2023 09/15/2023 0.00 2,040.36 Check 10/12/2023 1,499.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE #7 CITY OF ARVIN RARVPLHA 02.01.23-02.28.23 09/15/2023 09/15/2023 0.00 1,499.77 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
200.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 200.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 08.23.23-09.25.23 SERVICES 08.23.23-09.25.23 09/27/2023 09/27/2023 0.00 200.86 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
2,042.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 2,042.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES SEPTEMBER 2023 UNIFORM SERVICES SEPTEMBER 2023 10/04/2023 10/04/2023 0.00 2,042.79 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount
244.95
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 244.95
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 826110 ADOBE COMPLEX- RESET BREAKER FOR THE PANEL 09/28/2023 09/28/2023 0.00 189.95 826729 ARVIN ADOBE COMPLEX FIRE MONITORING OCT.2023 10/01/2023 10/01/2023 0.00 55.00 1259
Vendor Number

VINCENTE MEDRANO
Total Vendor Amount

54.38 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/12/2023 54.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT FOR ZIP TIESREIMBURSEMENT FOR ZIP TIES 09/24/2023 09/24/2023 0.00 54.38

4.A.1
Attachment: Demand Register(s) October 06, 2023 - October 19, 2023 (Demand Register(s) of October 06, 2023 - October 19, 2023.) Payment Register APPKT00514 - FOR AP 10/12/2023
10/12/2023 2:41:02 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 53 38 0.00 336,058.98
Packet Totals: 53 38 0.00 336,058.98

4.A.1
Attachment: Demand Register(s) October 06, 2023 - October 19, 2023 (Demand Register(s) of October 06, 2023 - October 19, 2023.) 10/18/2023 3:51:21 PM Page 1 of 7
Payment Register
City of Arvin APPKT00521 - FOR AP 10/18/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1150
Vendor Number
AT&T
Total Vendor Amount
801.81
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 801.81
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000020528971 9391033189 SERVICE 08.13.23-09.12.23 09/13/2023 09/13/2023 0.00 354.95 000020530733 9391056024 SERVICE 08.13.23-09.12.23 09/13/2023 09/13/2023 0.00 446.86 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
301.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 301.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7962 UNIT 302 STREET SWEEPER DOUBLE STEERING NOT WORKIN09/01/2023 09/01/2023 0.00 301.50 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

12.98 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 12.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 500460 LATH SCREW DRILL FOR VET'S HALL 10/10/2023 10/10/2023 0.00 12.98 1298
Vendor Number

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
1,353.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 1,353.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 123380200 WEEK ENDING 9/24/23 CAROLINA M. 09/24/2023 09/24/2023 0.00 1,353.88 1591
Vendor Number

DEPARTMENT OF GENERAL SERVICES
Total Vendor Amount
559.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 559.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0000001536962 ALJ HOURS 1.5 09/30/2023 09/30/2023 0.00 559.50 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
3,341.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 3,341.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 35050250 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS OCT 2023 10/09/2023 10/09/2023 0.00 3,341.83 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
1,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 1,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0217 ARVIN PD FLEET WASH 10.10.2023 10/10/2023 10/10/2023 0.00 720.00 INV0218 BUS WASH AND BUMPER SHINE 10.13.2023 10/13/2023 10/13/2023 0.00 280.00

Total Vendor Amount
3,456.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 3,456.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount M77720 MASS NOTIFICATION BASE 08/31/2023 08/31/2023 0.00 3,456.00 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
365.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 365.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 21755 METER READING FOR PD 10.01.23 10/03/2023 10/03/2023 0.00 38.82 21756 METER READING APD & COMM 10.01.23 10/03/2023 10/03/2023 0.00 326.18 1628
Vendor Number

GLENDALE POLICE OFFICERS FOUNDATION
Total Vendor Amount
926.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 926.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 842623 BATONS , HOLSTER, END CAPS FOR OFFICERS 10/13/2023 10/13/2023 0.00 926.00 1232
Vendor Number

JEFFREY B KELLEY
Total Vendor Amount
540.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 540.01
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4490 GITS PARK OPEN DAMAGED DOOR , REKEY 09/20/2023 09/20/2023 0.00 540.01 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
1,091.47
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 1,091.47
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8449 UNIT 292 ENGINE OIL CHANGE 10/12/2023 10/12/2023 0.00 105.54 8450 UNIT 299 2023 FORD ENGINE OIL CHANGE 10/12/2023 10/12/2023 0.00 105.54 8453 UNIT 282 REPLACE REAR DISC PADS 10/13/2023 10/13/2023 0.00 880.39 1657
Vendor Number

KERN COUNTY PUBLIC WORKS
Total Vendor Amount
150.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 150.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $150 REIMBURSEMENT OF $150 EVENT AT SUITE Y 10/16/2023 10/16/2023 0.00 150.00 1376
Vendor Number

KNORR SYSTEMS INC
Total Vendor Amount
3,452.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 3,452.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 215137 COA BI ANNUAL AGREEMENT SPRAY PARK 09/29/2023 09/29/2023 0.00 3,452.13 1168
Vendor Number
LOWES
Total Vendor Amount
742.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 742.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 37892578 FOR VET'S HALL 08/24/2023 08/24/2023 0.00 185.06 859314119 5 GAL DIESEL CAN 08/18/2023 08/18/2023 0.00 119.20 878282266 VETS HALL RESTROOM RENOVATION 08/10/2023 08/10/2023 0.00 276.16 88126503 60 LB CONCRETE 08/15/2023 08/15/2023 0.00 69.80

Total Vendor Amount
3,800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 3,800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 123-23 IRRIGATED FARMLAND APPRAISAL REPORT 09/07/2023 09/07/2023 0.00 3,800.00 1340
Vendor Number

NATHAN M HODGES
Total Vendor Amount
25,761.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 25,761.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 544 LEGAL FEES SEPTEMBER 2023 10/02/2023 10/02/2023 0.00 25,761.50 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
253.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 253.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-315912 BATTERY FOR GRASS HOPPER #4 10/18/2023 10/18/2023 0.00 133.82 4451-318849 TRANSIT MOTOR OIL 09/12/2023 09/12/2023 0.00 119.94 1163
Vendor Number

PRO AIR
Total Vendor Amount
501.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 501.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 19488 APD BUILDING BACK A/C NOT COOLING 10/09/2023 10/09/2023 0.00 501.50 1653
Vendor Number

PROJECT DEVELOPMENT SOLUTIONS
Total Vendor Amount
13,016.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 13,016.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 195 WASTEWATER SOLAR PROJECT EVALUATION 10/03/2023 10/03/2023 0.00 13,016.25 1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
1,575.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 1,575.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 10/8/2023 ARV 10/8/2023 10/08/2023 10/08/2023 0.00 1,575.45 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,002.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 1,002.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62656904 WEEK ENDING 10/6/23 JAZMIN C. 10/09/2023 10/09/2023 0.00 1,002.54 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101092123 PUBLIC WORKS SVC 09.29.23-10.28.23 09/21/2023 09/21/2023 0.00 108.99

STAPLES BUSINESS CREDIT
Total Vendor Amount
621.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 621.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1651263616 OFFICE SUPPLIES FOR THE CITY SEPT 2023 10/18/2023 10/18/2023 0.00 621.89 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 576.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9945542839 TRANSIT SVCS 08.29.23-09.28.23 09/28/2023 09/28/2023 0.00 576.32 1210
Vendor Number

WAGEWORKS INC
Total Vendor Amount

79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0923-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA SEPTEMBER 202310/01/2023 10/01/2023 0.00 79.52 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
154.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 154.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5026845182 COMM DEV LEASE 09.21.23-10.20.23 09/25/2023 09/25/2023 0.00 154.91 1201
Vendor Number

WESTERN ALLIANCE BANK LOAN PMT
Total Vendor Amount
170,644.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 170,644.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount A#04500161025-61026 09.29.23LOAN 04500161025-61026 WASTEWATER TREATMENT 09/29/2023 09/29/2023 0.00 170,644.40 1147
Vendor Number

ZEE MEDICAL SERVICE
Total Vendor Amount

74.53 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 74.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-201618 FIRST AID SUPPLIES FOR TRANSIT 10/11/2023 10/11/2023 0.00 74.53 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
950.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 950.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000919 APOA Dues 10/13/2023 10/13/2023 0.00 950.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
948.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 948.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000920 SEIU Dues 10/13/2023 10/13/2023 0.00 47.00
INV0000921 SEIU Dues 10/13/2023 10/13/2023 0.00 901.54

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/18/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000923 ALEX GHAZARIAN 10/13/2023 11/15/2023 0.00 300.00

4.A.1
Attachment: Demand Register(s) October 06, 2023 - October 19, 2023 (Demand Register(s) of October 06, 2023 - October 19, 2023.) Payment Register APPKT00521 - FOR AP 10/18/2023
10/18/2023 3:51:21 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 39 29 0.00 236,266.42
Packet Totals: 39 29 0.00 236,266.42
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,198.54
Packet Totals:
43 0.00 2,198.54

4.A.1
Attachment: Demand Register(s) October 06, 2023 - October 19, 2023 (Demand Register(s) of October 06, 2023 - October 19, 2023.)

4.B.1
Attachment: Payroll Register(s) of October 13, 2023 (Payroll Register(s) of October 13, 2023.)

4.B.1
Attachment: Payroll Register(s) of October 13, 2023 (Payroll Register(s) of October 13, 2023.) Arvin City Council Meeting Minutes – October 10, 2023

Page 1 of 6 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
OCTOBER 10, 2023
CALL TO ORDER @ 6:01PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: Mayor Trujillo absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda with the following change:
- Presentation Item 3C to be considered after Agenda Item 1.

Motion CM Murillo Second MPT Borreli Vote 3-0

3. PRESENTATION(S)
A. Swearing In Ceremony – Josue Ramirez
Cecilia Vela, City Clerk
B. The Arvin Navigation Center: A Year in Review
Andrew Dominguez, Program Manager – ANC Flood Ministries Above Presentation Item 3B was removed from the agenda.

C. Police Pink Badge and Patch Breast Cancer Awareness Recognition - October 2023
Alex Ghazalpour, Chief of Police – City of Arvin

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of October 10, 2023 (Minutes of the Regular Meeting(s) of October 10, 2023.) Arvin City Council Meeting Minutes – October 10, 2023

Page 2 of 6 ends

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of September 08, 2023 – October 05, 2023.

B. Approval of Payroll Register(s) of September 15, 2023 and September 29, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of September 12, 2023 and Special Meeting(s) of September 15, 2023.

D. Approval of Consultant Services Agreement between the City of Arvin and Avenue MuniServices, LLC for Cannabis Audit Services.

Agreement No. 2023-22
E. Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Execute An Agreement with Valencia Aircold, Inc. for Purchase and Installation of Two (2) HVAC Units for the City of Arvin Adobe Plaza Complex in the Amount of $19,860; and to adopt a Class 1 Categorical Exemption (Existing Facilities) for the project under CEQA Guidelines Section 15301.

Resolution No. 2023-55
Agreement No. 2023-23
F. Approval of A Resolution of the City Council of the City of Arvin Recognizing the Competitive Bidding Process of the California Multiple Award Schedule (CMAS) under the California Department of Government Services Contract; Dispensing with the Public Bidding Requirement; and Authorizing the City Manager to Approve the Purchase of Baseball Field Equipment for DiGiorgio Park from Dave Bang Associates, Inc.; and Authorizing Related Actions.

Resolution No. 2023-56
G. Approval of an Agreement (Non-fiscal Memorandum of Understanding) with CivicWell for Hosting Civic Spark Fellows for Fiscal Year 2023-2024.

Agreement No. 2023-24
H. Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Proposal from Haaker Equipment Company for Purchase of One (1) Elgin Crosswind Sweeper in the Amount of $118,767.57; and Approving the Sale of Equipment Declared as Surplus.

Resolution No. 2023-57
Agreement No. 2023-25
Staff recommends approval of the Consent Agenda.

Motion to approve Consent Agenda Items 4A – 4H.

Motion CM Horton Second CM Reyes Vote 4-0

Page 3 of 6 ends

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Introduction and First Reading of An Ordinance of the City Council of the City of Arvin Adopting Zoning Code Amendment ZCA No. 2023-04 to Title 17 Zoning - Deleting Chapter 17.50, Section

17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and to Accept California Environmental Quality Act (CEQA) A Notice of Exemption. (City Planner).

Staff recommends the City Council approve the introduction of the Ordinance to be read by title only; open the hearing; allow for public testimony; close the hearing; waive first reading of the Ordinance; and approve the introduction of the Ordinance.

Hearing opened.

No public testimony.

Hearing closed.

Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance.

Motion CM Murillo Second MPT Borreli Vote 4-0
B. A Public Hearing to Consider Modification of Conditions of Approval to Existing Site Development Permit 2022-322 BMB–Starbucks to Delete Sections ES&BI-8 and PL&A-2. (City Planner)
Staff recommends the City Council open the hearing; allow for public testimony; close the hearing; and provide direction to staff.

Hearing opened.

Public Testimony: Applicant Raji Brar requested to have this hearing continued to a future meeting to provide additional time to work on the design of the alley with City staff.

Hearing closed.

Motion to deny modifications of the Conditions of Approval.

Motion CM Horton Second CM Reyes Vote 2-2 (CM Murrillo and MPT Borreli voted No.)
Public Testimony: Applicant Raji Brar confirmed that they wish to withdraw their initial request to modify the conditions and confirmed that they will fix the alley.

Page 4 of 6 ends

Motion to table above Action Item 6A to the following Regular City Council Meeting of October 24, 2023.

Motion MPT Borreli Second CM Murillo Vote 4-0
B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Budget Amendment Number 2324-01 in the Amount of $224,212.99 and Other Related Actions. (City Manager)
Staff recommends approval of the Resolution.

Motion to approve the Resolution.

Motion MPT Borreli Second CM Reyes Vote 4-0
Resolution No. 2023-58
C. Consideration and Approval of A Resolution of the City Council of the City of Arvin Dispensing with the Public Bidding Requirement Based on the Single Vendor Exception and Authorizing the Purchase of an Extended Warranty for Three Proterra Electric Busses for the Period of September 2023 through September 2026 in the amount of $224,212.99. (City Manager) Staff recommends approval of the Resolution.

Motion to approve the Resolution.

Motion CM Murillo Second MPT Borreli Vote 4-0
Resolution No. 2023-59
Agreement No. 2023-27
D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving the Third Amendment to Contract Services Agreement by and between the City of Arvin and Diamond Technologies, Inc, for Computer System and Information Technology Installation, Repair, and Maintenance. (City Manager)
Staff recommends approval of the Resolution approving the Third Amendment to Contract Services Agreement by and between the City of Arvin and Diamond Technologies, Inc, for Computer System and Information Technology Installation, Repair, and Maintenance.

Page 5 of 6 ends

Motion to approve the Resolution.

Motion CM Murillo Second CM Reyes Vote 4-0
Resolution No. 2023-60
Agreement No. 2023-26

7. CITY MANAGER’S REPORT

8. COUNCIL MEMBER COMMENTS

9. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (Government Code §54956.8)
Property: APN 190-250-05 (Bear Mountain Blvd., Arvin)
Agency Negotiator: City Manager
Negotiating Parties: Carlos Obaid for Ali & Obaid Marketing, Inc.

Under Negotiation: Price and terms of sale of parcel.

CLOSED SESSION REPORT BY CITY ATTORNEY:
9A. The Council provided direction to the City Attorney concerning creation of committee for retention of personnel.
9B. No reportable action taken for four (4) cases. The Council provided direction to the City Attorney concerning potential eminent domain action (5th case). 9C. The Council provided direction to the City Attorney and City Manager concerning wastewater treatment facility operations.
9D. The Council provided direction to the City Manager concerning making a counteroffer.

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of October 10, 2023 (Minutes of the Regular Meeting(s) of October 10, 2023.) Ar
vinCity CouncilMeeting Minutes– October 10,2023
Page6of6

10. ADJOURNED @ 8:35PM
Respectfully submitted, Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of October 10, 2023 (Minutes of the Regular Meeting(s) of October 10, 2023.) Reso 2024 Local Appointments List

Page 1 of 3 ends

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
REGARDING THE PREPARING OF THE 2024 LOCAL APPOINTMENTS

LIST AND POSTING OF THE SAME
WHEREAS, pursuant to the Maddy Act, California Government Code Section 54970 et seq., requires the City Council to prepare a Local Appointments List, which lists of all regular and ongoing boards, commissions, and committees which are appointed by the City Council; WHEREAS, the Local Appointments List is required to be made available to members of the public;
WHEREAS, the City Council of the City of Arvin desires to adopt the 2024 Local Appointments List.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:

1. The City Council has prepared an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the City Council, the 2024 Local Appointments List, which is attached as Exhibit “A.” The City Clerk is directed to make the Local Appointments List available to members of the public consistent with the requirements of the Maddy Act, including posting at the Arvin Branch of the Kern County Library. //////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////

4.D.1
Attachment: Reso re 2024 List of Appointments for Boards, Commissions and Committees_102423 (2024 Local Appointments List (Maddy Act)) Reso 2024 Local Appointments List

Page 2 of 3 ends

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Arvin at a regularly scheduled meeting held on the 24 th day of October 2023,
by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
Exhibit A: 2024 Local Appointments List
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.D.1
Attachment: Reso re 2024 List of Appointments for Boards, Commissions and Committees_102423 (2024 Local Appointments List (Maddy Act)) Reso 2024 Local Appointments List

Page 3 of 3 ends

EXHIBIT “A”
2024 LOCAL APPOINTMENTS LIST

CITY OF ARVIN BOARDS, COMMISSIONS & COMMITTEES
Member Appointment Expiration
Date
Seat Filled By A: Meeting
Schedule
Meeting
Location
Pay, Stipend, or Other
ARVIN

PLANNING

COMMISSION
Anaiza Prado July 13, 2021 Dec 2024 Each
Councilmember
nominates a
resident of Arvin;
City Council must
approve
nomination.

Every 3rd
Tuesday @
6pm
City of Arvin
Council
Chambers,
200 Campus
Dr, Arvin.

None. Reimbursement
for pre-approved
travel/mileage. Manuel Leon Sept 12, 2023 Dec 2024
Joshlyn Horton Feb 14, 2023 Dec 2026
Fatima Gonzalez Feb 14, 2023 Dec 2026
Rubi Carmona Feb 28, 2023 Dec 2026
VACANT (Alternates)
Purpose / Duties/
Qualifications
The planning commission shall consist of five (5) members and two (2) alternates who shall be qualified electors residing within the city. The planning commission shall exercise all duties established by the laws of the state relating to city planning commissions and such additional duties as may be prescribed by the city council. The planning commission plays a critical role in the evaluation and approval of development entitlements for new industrial, commercial and residential development and the expansion of existing industrial, commercial and residential facilities; in ensuring the development in the City is not detrimental to the public health, safety and welfare; and in facilitating economic development in the City. The filing of a Statement of Economic Interest disclosing certain personal financial holdings is required upon appointment and annually thereafter is required. (Government Code sections 81000-91014); Two hours of training in general ethics principles and ethics law upon appointment, and every two years thereafter is required. (Government Code 53235(b), 53235.1) Member Appointment Expiration
Date
Seat Filled By A: Meeting
Schedule
Meeting
Location
Pay, Stipend, or Other
KERN

MOSQUITO &
VECTOR
CONTROL DIST.

VACANT VACANT VACANT Resident of Arvin
or Councilmember
Every 2nd
Wednesday
@ 11:30am
KMVCD
Office, 4705
Allen Rd,
Bakersfield
$100 per meeting and
no more than $100 per
month.

Purpose / Duties/
Qualifications
The primary objective shall be the progressive elimination of mosquito breeding places, the objective to be accomplished by an educational service on control measures, performing services of temporary relief control, establishing projects of source reduction, using abatement procedure methods when necessary, and by general policy of cooperation. The Board is made up of eight (8) Trustees; four appointed by the Kern County Board of Supervisors, one each by City Councils of Bakersfield, Arvin, Shafter, and Wasco. To be eligible to serve as the City of Arvin District Trustee of the KMVCD Board, the individual must be at least 18 years of age, and an elector and resident of the City of Arvin. The filing of a Statement of Economic Interest disclosing certain personal financial holdings is required upon appointment and annually thereafter is required (Government Code sections 81000-91014). Two hours of training in general ethics principles and ethics law upon appointment, and every two years thereafter is required. (Government Code 53235(b), 53235.1).

4.D.1
Attachment: Reso re 2024 List of Appointments for Boards, Commissions and Committees_102423 (2024 Staff Report – Auth. submittal of financial assistance application to SWRCB for tertiary treatment upgrades to WWTP.

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: October 24, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin Authorizing Submittal of A Financial Assistance Application to the State Water Resources Control Board for the Tertiary Treatment Upgrades at the City of Arvin’s Wastewater Treatment Plant.

BACKGROUND:

The City owns a Wastewater Treatment Plant (WWTP) that treats all water that is used by residential and commercial properties for the entire City. This treated water is used to irrigate farmland around the City to grow non-food crops. In July 2022, the City of Arvin received a Notice of Violation (NOV) from the Central Valley Regional Water Quality Control Board (CVRWCB) for violation of waste discharge requirements as wastewater at the WWTP’s effluent ponds were seeping and nearing capacity.

To provide a permanent solution to the violations, the City needs to implement a project that diversifies the effluent destination and lower greenhouse gas emissions, while still accounting for planned growth.

In response to this NOV the City would like to upgrade its WWTP to produce effluent of disinfected tertiary level and install treatment equipment that will be able to suffice future flow conditions.

Currently, the treated water is usable only to irrigate farmland around the City to grow non-food crops. Implementation of the Project will provide the City with solutions to its storage deficiencies and allow this water to be used for food crop production. The Project will also install carbon filters for odor control to improve the living conditions for surrounding residents.

Four alternatives for potential effluent destinations and six treatments alternatives were analyzed for the Project. Alternatives for solids handling were also analyzed as the City would like to reduce greenhouse gas emissions through reduced travel miles associated with solids handling.

To comply with reuse restriction requirements set by Title 22, the City will either need to install a membrane bioreactor (MBR) with fine screens at the headworks in order to use the effluent for unrestricted agricultural reuse. Disinfected tertiary effluent production via MBR eliminates the need for an anoxic tank, redundant secondary clarifier, and cloth filter which reduces both capital and operations and maintenance costs. Treatment via MBR is further recommended as it

4.E.1
Attachment: Staff Report Financial Asst Application to SWRCB for Tertiary Treatment Upgrades to WWTP_102423 (Submittal of Financial Staff Report – Auth. submittal of financial assistance application to SWRCB for tertiary treatment upgrades to WWTP.

Page 2 of 2 ends

increases the capacity of the existing Orbal train to meet future wastewater flows and loadings, which eliminates the need to operate the second oxidation ditch train. This would produce effluent of sufficient quality to be used for current practices, unrestricted agricultural such as food crops, and allow for disposal via effluent disposal ponds while still minimizing the equipment in operation. For solids management, solar onsite drying was found to be the best fit for the Arvin WWTP.

The Project is also held to the goals and standards that put climate change resiliency as a top priority outline in the City’s 2013 Climate Action Plan. This plan has the overall goal of reducing the City’s greenhouse gas emissions. The Project will directly contribute to this goal by reducing the number of vehicular trips needed to dispose solids.

Staff proposes to submit an application to the State Water Resources Control Board, which will request a total of $30,782,530 from the Clean Water State Revolving Fund in financial assistance for design, environmental documentation and construction of this project. SWRCB adopted Use Plan indicates grant funding for up to 100% of the cost for design and environmental phases of the Project. Construction funding provides up to 35% in grant funding with a note that on a caseby-case basis, the Deputy Director may approve up to 100% of eligible project costs for water recycling projects serving severely disadvantaged communities (SDAC). The City of Arvin is considered a small (population less than 20,000) community and severely disadvantaged, and by submittal of the application will be requesting for consideration to receive grant funding.

STAFF RECOMMENDATION:

Staff recommends approval of the approval of the Resolution authorizing submittal of a financial assistance application to the State Water Resources Control Board for the tertiary treatment upgrades at the City of Arvin’s Wastewater Treatment Plant.

FINANCIAL IMPACT:

There is no fiscal impact associated with this action. Staff will return to the Council with a request for approval to accept any award under this application and will indicate the fiscal impact of any such award and associated expenditures at that time.

ATTACHMENT(S):

Resolution

4.E.1
Attachment: Staff Report Financial Asst Application to SWRCB for Tertiary Treatment Upgrades to WWTP_102423 (Submittal of Financial Reso Authorizing submittal of financial assistance application to SWRCB for tertiary treatment upgrades to WWTP.

Page 1 of 2 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

AUTHORIZING SUBMITTAL OF A FINANCIAL ASSISTANCE

APPLICATION TO THE STATE WATER RESOURCES CONTROL

BOARD FOR THE TERTIARY TREATMENT UPGRADES AT THE
CITY OF ARVIN’S WASTEWATER TREATMENT PLANT.

WHEREAS, the City of Arvin (“City”) desires to finance the costs of constructing and/or upgrading the existing recycled water system to produce disinfected tertiary treated effluent known as the Tertiary Treatment Upgrades at the City of Arvin’s Wastewater Treatment Plant (the “Project”); and
WHEREAS, the City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and
WHEREAS, there is no fiscal impact associated with this action. Staff will return to the Council with a request for approval to accept any award under this application and will indicate the fiscal impact of any such award and associated expenditures at that time.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arvin, as follow that:

1. The above recitals are true and correct.

2. The City Manager (“Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the construction of the Tertiary Treatment Upgrades at the City of Arvin’s Wastewater Treatment Plant Project (“the Project”).

3. This Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Board and any amendments or changes thereto.

4. The Authorized Representative, or designee, is designated to represent the City in carrying out City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
/////
/////
/////

4.E.2
Attachment: Reso Financial Asst Application to SWRCB for Tertiary Treatment Upgrades to WWTP_102423 (Submittal of Financial Assistance Reso Authorizing submittal of financial assistance application to SWRCB for tertiary treatment upgrades to WWTP.

Page 2 of 2 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.E.2
Attachment: Reso Financial Asst Application to SWRCB for Tertiary Treatment Upgrades to WWTP_102423 (Submittal of Financial Assistance Staff Report – Special Event Permit Application – Arvin Chamber of Commerce Christmas Parade 2023.

Page 1 of 2 ends

CITY OF ARVIN
Agenda Report
Meeting Date: October 24, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin to Approve the Arvin Chamber of Commerce Special Event Permit Application for their Annual Christmas Parade to be Held on December 04, 2023, Authorize Closure of Streets and Waive City Costs Associated with this Event Subject to Execution of A Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.

RECOMMENDATION:

Staff recommends approval of the Arvin Chamber of Commerce’s Special Event Permit Application due to Caltrans’ requirement for authorization from the City to approve an encroachment permit, which is necessary for the parade route on State Highway 223. Staff also recommends the City Council consider waiving costs associated with this event.

BACKGROUND:

The Arvin Chamber of Commerce has submitted a Special Event Permit Application for their annual Christmas parade. The parade is scheduled for December 04, 2023 and will begin at 6:00pm. Setup for this event will begin at 5:00pm and the event is expected to conclude by 8:00pm. The parade route is Campus Drive, Bear Mountain Boulevard, Derby and Tucker Streets. The parade will be rescheduled to December 11, 2023 if it rains on December 04, 2023 and the road conditions are not suitable to hold the parade.

The Arvin Police Department will provide traffic control and will maintain safety for participants and spectators. Eastbound traffic on Bear Mountain Boulevard will be diverted south on Comanche from Bear Mountain Boulevard.

In the past, the City has provided an in-kind contribution of city staff time to support this event.

After reviewing the current budget, staff has determined there are sufficient funds to cover the cost of this year’s event as well.

The Arvin Chamber of Commerce is required to provide a Certificate of Liability Insurance naming the City of Arvin, its officers, officials, employees, agents, and volunteers as additional insured and include commercial general liability coverage in the amount of $1,000,000 each occurrence.

ENVIRONMENTAL REVIEW:

Staff has conducted an assessment of this event as required by the California Environmental Quality Act (CEQA) and determined that it is categorically exempt under CEQA Guidelines

4.F.1
Attachment: Staff Report Special Event Application - Arvin Chamber of Commerce Christmas Parade 2023_102423 (Special Event Permit Staff Report – Special Event Permit Application – Arvin Chamber of Commerce Christmas Parade 2023.

Page 2 of 2 ends

section 15301(Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings) as there is a past history of using the existing road and sidewalk facilities for public gatherings such as parades, and the event will not involve expansion of use of these facilities beyond that currently exist. Further, none of the exceptions to the Categorical Exemptions under CEQA Guidelines section 15300.2 are applicable.

FISCAL IMPACT:

The estimated cost of city staff time is approximately $1,500, which includes $1,000 for police staff time and $500 for Public Works staff time.

4.F.1
Attachment: Staff Report Special Event Application - Arvin Chamber of Commerce Christmas Parade 2023_102423 (Special Event Permit Reso Arvin Chamber of Commerce Christmas Parade 2023

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO

APPROVE THE ARVIN CHAMBER OF COMMERCE SPECIAL EVENT

PERMIT APPLICATION FOR THEIR ANNUAL CHRISTMAS PARADE
TO BE HELD ON DECEMBER 04, 2023, AUTHORIZE CLOSURE OF

STREETS AND WAIVE CITY COSTS ASSOCIATED WITH THIS

EVENT SUBJECT TO EXECUTION OF A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF ARVIN AND THE ARVIN
CHAMBER OF COMMERCE.

WHEREAS, the Arvin Chamber of Commerce has submitted a Special Event Permit Application for their annual Christmas parade; and
WHEREAS, the parade is scheduled for December 04. 2023 and will begin at 6:00 pm; and
WHEREAS, setup for this event will begin at 5:00 pm and the event is expected to conclude by 8:00 pm; and
WHEREAS, the parade route is Campus Drive, Bear Mountain Boulevard, Derby and Tucker Streets; and
WHERES, the parade will be rescheduled to December 11, 2023 if it rains on December 04, 2023 and the road conditions are not suitable to hold the parade; and WHEREAS, Caltrans requires authorization from the City of Arvin in order to approve an encroachment permit for the parade event on State Highway 223 (Bear Mountain Blvd.); and WHEREAS, the Parade benefits the community of Arvin by bringing all residents together in a celebration on City streets, while providing economic enhancement to local businesses; and
WHEREAS, in the past, the City has provided an in-kind contribution of city staff time to support this event; and
WHEREAS, this has become an important community and cultural event bringing citizens and families together while enhancing local businesses before, during and after the parade; and after a review of the current budget, there are sufficient funds to cover the cost of this year’s event; and
WHEREAS, the City Council determines that the project is categorically exempt under CEQA Guidelines section 15301(Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings) as there is a past history of using the existing road and sidewalk facilities for public gatherings such as parades, and the event will not involve expansion of use of these facilities beyond that currently existing. Further, none of the exceptions to the Categorical Exemptions under CEQA Guidelines section 15300.2 are applicable.

4.F.2
Attachment: Reso Special Event Application - Arvin Chamber of Commerce Christmas Parade 2023_102423 (Special Event Permit Application - Reso Arvin Chamber of Commerce Christmas Parade 2023

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby:

Section 1: Approve the Arvin Chamber of Commerce’s Special Event Permit Application, closure of streets, and further waives City costs associated with this event.

Section 2. Approve the encroachment permit for the parade event on State Highway 223.

Section 3. Approve the Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24 th day of October 2023 by
the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

4.F.2
Attachment: Reso Special Event Application - Arvin Chamber of Commerce Christmas Parade 2023_102423 (Special Event Permit Application -

4.F.3
Attachment: MOU Chamber of Commerce Christmas Parade 2023_102423_Redacted (Special Event Permit Application - Arvin Chamber of

4.F.4
Attachment: Special Event Permit Application - Arvin Chamber of Commerce Christmas Parade 2023_102423_Redacted (Special Event Permit

4.F.4
Attachment: Special Event Permit Application - Arvin Chamber of Commerce Christmas Parade 2023_102423_Redacted (Special Event Permit Staff Report Trunk or Treat with Haunted House Event 2023

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: October 24, 2023
TO: Arvin City Council
FROM: Alex Ghazalpour, Police Chief
Jeff Jones, City Manager
SUBJECT: Authorization to Hold Haunted House and Trunk-or-Treat City of Arvin and Bear Mountain Recreation and Park District Joint Special Event on October 31, 2023, and Approval of Memorandum of Understanding with Bear Mountain Parks and Recreation for Use of the DiGiorgio Park Pool Facility from October 26, 2023 to November 1, 2023; and Approval of the Joint/Multiple Client Disclosure from Hodges Law Group.

BACKGROUND:

The Arvin Police Department will be hosting its annual Trunk or Treat Event along with the addition of a haunted house. Last year the trunk or treat event was held on Campus Drive. This year we are proposing to have the event held at DiGiorgio Park. The Haunted House will be the centerpiece of the event. Located inside the Bear Mountain Parks and Recreations Room it will offer a thrilling yet age-appropriate experience for attendees. The haunted house will be fully staffed with volunteers and will incorporate safety measures, ensuring an enjoyable yet secure environment.

In addition to the haunted house, the event will feature a Trunk or Treat area, where local businesses and community members can decorate their vehicles and distribute candy and goodies to children. This provides a family-friendly, interactive element that aligns with the event's safe haven objective. The vehicles can be placed on grass adjacent to the pool area. This will also minimize the need to shut any streets down as we have done previously.

Additionally Bear Mountain Parks and Recreation Department (BMPRD) are sponsoring the use of the facility only. BMPRD holds insurance coverage for the facility and the city will obtain Special Event insurance for the event.

Based on the anticipated attendance and nature of the event, the Police Department will require to have sworn and non-sworn police personnel at the event. All non-paid volunteer staff will be required to complete a volunteer release and waiver of liability form provided by the city.

The haunted house will be built by volunteers and funded by the Arvin Police Explorers. The financial impact for this event will be police personnel cost and Special Event Insurance only.

There will be no fees charged for attendance at this event. City staff will be responsible for all social media and event press releases.

4.G.1
Attachment: Staff Report - 2023 Trunk or Treat and Haunted House Event_102423 (Special Joint Event - City and Bear Mtn Parks & Rec - Staff Report Trunk or Treat with Haunted House Event 2023

Page 2 of 2 ends

FINANCIAL IMPACT:

The estimated overtime cost for police services is for a do not exceed amount of 45 hours, which correlates to an approximate amount of $3,150.00 and approximately $250 for Special Event Insurance. This amount is a non-budgeted item.

RECOMMENDATION:

Staff recommends the Approval of and Authorization Authorization to Hold Haunted House and Trunk-or-Treat City of Arvin and Bear Mountain Recreation and Park District Joint Special Event on October 31, 2023, and Approval of Memorandum of Understanding with Bear Mountain Parks and Recreation for Use of the DiGiorgio Park Pool Facility from October 26, 2023, to November 1, 2023; and Approval of the Joint/Multiple Client Disclosure and Consent from Hodges Law Group.

ATTACHMENTS:

1. Memorandum of Understanding between the City of Arvin and Bear Mountain Parks and Recreation Department

2. Joint/Multiple Client Disclosure and Consent Form

3. Volunteer Release and Waiver of Liability Form

4.G.1
Attachment: Staff Report - 2023 Trunk or Treat and Haunted House Event_102423 (Special Joint Event - City and Bear Mtn Parks & Rec -

Page 1 of 7 ends

HALLOWEEN PROGRAM PARTNERSHIP MEMORANDUM OF UNDERSTANDING

MEMORANDUM OF UNDERSTANDING AGREEMENT

BETWEEN

CITY OF ARVIN
AND

BEAR MOUNTAIN RECREATION AND PARK DISTRICT
This Memorandum of Understanding Agreement is dated October 24, 2023 and is entered into by and between the City of Arvin (“CITY”), on the one hand, and Bear Mountain Recreation and Park District (“BMRPD” or the “District”), on the other hand. CITY and BMRPD are collectively referred to as the “Parties” and individually as a “Party.”

RECITALS
WHEREAS, CITY is a is a California Municipal corporation. The CITY provides numerous services to the residents, including parks and recreation, and various community activities.

WHEREAS, Bear Mountain Recreation and Parks District is a California Special District that was formed in 1956. The District provides parks and recreation for the community, including maintaining and operating Weedpatch Park, Bear Mountain Park, Lamont Pool and Arvin Pool.

WHEREAS, CITY by way of Council Member Horton approached BMRPD and requested BMRPD partner with CITY to provide the facility necessary for CITY to provide a Halloween special event consisting of a haunted house and trunk-or-treat (“Halloween program”).

The proposal included the following:
a. BMRPD would provide CITY with the facility located at 685 S. Hill Street, Arvin, California 93203 on the following dates: October 26, 2023 - November 1, 2023; b. CITY would provide all staffing required to implement the Halloween program; c. CITY would provide all materials required to implement the Halloween program; and
d. CITY would provide any additional supplies or equipment necessary to implement the Halloween program.

WHEREAS, BMRPD Board of Directors approved this original proposal at its October 19, 2023 Regular Board Meeting; and
WHEREAS, the Parties have agreed CITY will be the lead entity and BMRPD will have no responsibility to pay for, in whole or in part, with public funds, including the payment of money or the equivalent of money, directly to, or on behalf of CITY and related in any way to the Halloween Program; and
WHEREAS, CITY and BMRPD herein desire to enter into a Memorandum of

4.G.2
Attachment: Special Joint Event MOU with Bear Mtn Parks and Rec_Haunted House and Trunk or Treat_102423 (Special Joint Event - City and

Page 2 of 7 ends

HALLOWEEN PROGRAM PARTNERSHIP MEMORANDUM OF UNDERSTANDING Understanding setting forth the agreement of the parties related to the Halloween Program.

AGREEMENT
In consideration of the covenants, conditions and releases contained herein, the Parties agree as follows:

1. Incorporation of Recitals. The above recitals are hereby incorporated by this reference.

2. Parties’ Obligations.
a. CITY will donate the time and resources and control all actions necessary to complete the Halloween Program, including, but not limited to the following:
i. Staffing;
ii. Setup of event
iii. Cleanup after event;
iv. Required supplies;
v. Cleaning products and staffing necessary to properly sanitize the District Facilities throughout the Halloween Program.
vi. Insurance.
b. BMRPD will make all reasonable accommodations to allow the Halloween Program to be completed; and
c. BMRPD will allow CITY to utilize the District’s building located at 685 S. Hill Street, Arvin, California 93203 for the Halloween Program.

3. BMRPD’s Representations and Warranties. BMRPD represents and warrants as follows:
a. BMRPD has all requisite right, power and authority to execute and deliver this Agreement. This Agreement has been duly and validly executed and delivered by BMRPD and this Agreement constitutes a legal, valid and binding obligation of BMRPD.
b. BMRPD has had a full and unhindered opportunity to consult with attorneys and other consultants of its own choosing in deciding to enter into this Agreement.

4. CITY’s Representations and Warranties. CITY represents and warrants as follows:
a. CITY has all requisite right, power and authority to execute and deliver this Agreement. This Agreement has been duly and validly executed and delivered by CITY and this Agreement constitutes a legal, valid and binding obligation of CITY. b. CITY has had a full and unhindered opportunity to consult with attorneys and other consultants of its own choosing in deciding to enter into this Agreement.

5. Release by CITY. CITY, for itself and on behalf of its agents, representatives, beneficiaries, successors and assigns, partners, co-owners, affiliates, subsidiaries, employees,

4.G.2
Attachment: Special Joint Event MOU with Bear Mtn Parks and Rec_Haunted House and Trunk or Treat_102423 (Special Joint Event - City and

Page 3 of 7 ends

HALLOWEEN PROGRAM PARTNERSHIP MEMORANDUM OF UNDERSTANDING officers, directors, predecessors in interest, and successors in interest, hereby releases and forever discharges BMRPD, its agents, representatives, beneficiaries, successors and assigns, partners, coowners, affiliates, subsidiaries, employees, officers, directors, predecessors in interest, and successors in interest and assigns from any and all amounts due, sums of money, claims, demands, debts, liabilities, obligations, actions, damages and losses of whatsoever kind, whether known or unknown, related to or arising out of, directly or indirectly, the Halloween Program.

6. Legal Representation. The Parties represent and acknowledge that each of them has had the opportunity to be represented by legal counsel with respect to this Agreement and that each party has had the opportunity to be fully advised with respect to all rights which are affected by this Agreement.

7. No Inducement. The Parties agree that if the facts with respect to which this Agreement is executed are found hereafter to be different from the facts now believed by any party, the Parties expressly accept and assume the risk of such possible differences in facts and agree that this Agreement shall remain effective, notwithstanding such differences. The Parties declare and represent that no promise, inducement, or other agreement not expressly contained herein has been made to induce this Agreement.

8. Integration; Entire Agreement; Modification. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, understandings, negotiations and discussions, whether oral or written, of all parties, and there are no warranties, representations or agreements between the Parties in connection with the subject matter hereof except as set forth or referred to herein. No supplement, modification, waiver, amendment or termination of this Agreement or any provision thereof shall be binding unless executed in writing by the Parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall such waiver constitute a continuing waiver unless expressly stated to be the case.

9. Binding on Heirs and Assigns. This Agreement shall be binding upon and shall inure to the benefit of each of the Parties hereto and to their respective heirs, legatees, beneficiaries, executors, administrators, personal representatives, successors and assigns.

10. Warranty of Signatories. Each signatory hereto represents and warrants that they each have the authority to execute this Agreement and to thereby bind the Parties hereto. Each signatory hereto represents and warrants that no other person or entity has claimed or now claims any interest in the subject matter of this Agreement, and that they have the sole right and exclusive authority to execute this Agreement and to receive the aforesaid consideration, and that they have not sold, assigned, or otherwise set over to any other person or entity, any claim, lien, demand, cause of action, obligation, damage or liability covered hereby.

11. Notices. All notices, requests, demands, and other communications under this Agreement must be in writing and will be considered to have been duly given on the date of service i) if served personally on the party to whom notice is to be given, or ii) if served by email and also by United States Mail, first class, postage prepaid, and properly addressed and deposited on the same date as the email transmission, as follows:

4.G.2
Attachment: Special Joint Event MOU with Bear Mtn Parks and Rec_Haunted House and Trunk or Treat_102423 (Special Joint Event - City and

Page 4 of 7 ends

HALLOWEEN PROGRAM PARTNERSHIP MEMORANDUM OF UNDERSTANDING BMRPD: Bear Mountain Recreation and Park District
Attn: General Manager
10300 San Diego Street
Lamont, CA 93241
Email: [email protected]
CITY: City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
Email: [email protected]
A party may change or supplement its designated agent, address, or email address given above, or designate additional agents, addresses or email addresses for notice purposes, by giving notice to the other party in the manner set forth in this Section 5, provided that any such address change shall not be effective until five (5) days after the notice is delivered or received by the other party.

12. CITY’s Insurance. CITY, at its sole cost and expense, commencing on the date CITY takes any action related to the Halloween Program at BMRPD’s building located at 685 S. Hill Street, Arvin, California 93203, shall procure, pay for and keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:
a. Comprehensive general liability insurance with coverage limits of not less than One Million Dollars ($1,000,000.00) for combined single limit for bodily injury, personal injury, death and property damage liability per occurrence, insuring against any and all liability of the insureds with respect to the Halloween Program or arising out of the Halloween Program. All such liability insurance shall specifically insure the performance by CITY of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property set forth in Section 14.

Further, all such liability insurance shall include, but not be limited to, personal injury, blanket contractual, cross-liability and severability of interest clauses, broad form property damage, independent contractors, owned, non-owned and hired vehicles. b. Worker’s compensation coverage in an amount adequate to comply with law, and employer’s liability coverage with a limit of not less than One Million Dollars ($1,000,000.00). c. Insurance covering all work by CITY related to the Halloween Program in an amount not less than the full replacement value of the building located at 685 So. Hill, Arvin, Ca. 93203, including replacement cost endorsement, providing protection against any peril included within the classification Fire and Extended Coverage, sprinkler damage, vandalism, malicious mischief, and such other additional perils as covered in an “all risks” standard insurance policy.

Any policy proceeds shall be used for the repair or replacement of the building damaged or destroyed.
d. Policy Form. All policies of insurance required of CITY herein shall be issued by insurance companies with a general policy holder’s rating of not less than “A”, as rated in the most

4.G.2
Attachment: Special Joint Event MOU with Bear Mtn Parks and Rec_Haunted House and Trunk or Treat_102423 (Special Joint Event - City and

Page 5 of 7 ends

HALLOWEEN PROGRAM PARTNERSHIP MEMORANDUM OF UNDERSTANDING current available “Best’s Key Rating Guide”, and which are qualified to do business in the State of California. All such policies, except for the Workers’ Compensation coverage, shall name and shall be for the mutual and joint benefit and protection of CITY, BMRPD, and BMRPD’s agents or beneficiary(ies) as additional insureds. The policies described in Section 12(a) shall also name BMRPD and BMRPD beneficiary(ies) as loss payees. Executed copies of the policies of insurance or certificates thereof shall be delivered to BMRPD prior to October 26, 2023. All policies of insurance delivered to BMRPD must contain a provision that the company writing the policy will give to BMRPD thirty (30) days’ prior written notice of any cancellation or lapse or the effective date of any reduction in the amounts of insurance. All policies required of CITY herein shall be endorsed to read that such policies are primary policies and any insurance carried by BMRPD shall be noncontributing with such policies. No policy required to be maintained by CITY shall have a deductible greater than Five Thousand Dollars ($5,000.00) unless approved in writing by BMRPD.

13. Blanket Policies. Notwithstanding anything to the contrary contained in Section 12, CITY’s obligation to carry insurance may be satisfied by coverage under a so-called blanket policy or policies of insurance; provided, however, that the coverage afforded BMRPD will not be reduced or diminished and the requirements set forth in this Agreement are otherwise satisfied by such blanket policy or policies.

14. INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW. CITY

COVENANTS WITH BMRPD THAT BMRPD, ITS OFFICERS, DIRECTORS, AGENTS,

AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGE OR LIABILITY OF

ANY KIND OR FOR ANY INJURY TO OR DEATH OF PERSONS RELATED TO OR

ARISING FROM THE HALLOWEEN PROGRAM OCCURRING FROM AND AFTER

CITY TAKES ANY ACTION RELATED TO THE HALLOWEEN PROGRAM, FROM ANY CAUSE WHATSOEVER RELATED TO THE HALLOWEEN PROGRAM. CITY

SHALL PAY FOR, DEFEND (WITH AN ATTORNEY REASONABLY APPROVED BY

BMRPD), INDEMNIFY, AND SAVE BMRPD HARMLESS AGAINST AND FROM ANY

REAL OR ALLEGED DAMAGE OR INJURY AND FROM ALL CLAIMS, JUDGMENTS, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR CONNECTED WITH THE HALLOWEEN PROGRAM;

PROVIDED, HOWEVER (AND THOUGH CITY SHALL IN ALL CASES ACCEPT ANY

TENDER OF DEFENSE OF ANY ACTION OR PROCEEDING IN WHICH BMRPD IS

NAMED OR MADE A PARTY AND SHALL, NOTWITHSTANDING ANY

ALLEGATIONS OF NEGLIGENCE OR MISCONDUCT ON THE PART OF BMRPD,

DEFEND BMRPD AS PROVIDED HEREIN), CITY, ITS OFFICERS, DIRECTORS,

AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR SUCH DAMAGE OR

LIABILITY OF ANY KIND OR FOR ANY INJURY TO OR DEATH OF PERSONS OR

DAMAGE TO PROPERTY OF BMRPD OR ANY OTHER PERSON OCCURRING

FROM AND AFTER THE EFFECTIVE DATE FROM ANY CAUSE WHATSOEVER

RELATED TO THE HALLOWEEN PROGRAM TO THE EXTENT AND IN THE

PROPORTION THAT THE SAME IS ULTIMATELY DETERMINED TO BE

ATTRIBUTABLE TO THE WILLFUL NEGLIGENCE OF BMRPD, AND BMRPD

SHALL PAY FOR, DEFEND, INDEMNIFY, AND SAVE CITY HARMLESS AGAINST

AND FROM ANY AND ALL CLAIMS, JUDGMENTS, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, RESULTING FROM ANY

4.G.2
Attachment: Special Joint Event MOU with Bear Mtn Parks and Rec_Haunted House and Trunk or Treat_102423 (Special Joint Event - City and

Page 6 of 7 ends

HALLOWEEN PROGRAM PARTNERSHIP MEMORANDUM OF UNDERSTANDING SUCH DAMAGE OR INJURY. THE OBLIGATIONS TO INDEMNIFY SET FORTH IN THIS SECTION SHALL INCLUDE ALL ATTORNEYS’ FEES, LITIGATION COSTS,

INVESTIGATION COSTS AND COURT COSTS AND ALL OTHER COSTS, EXPENSES

AND LIABILITIES INCURRED BY THE INDEMNIFIED PARTY FROM THE FIRST NOTICE THAT ANY CLAIM OR DEMAND IS TO BE MADE OR MAY BE MADE. ALL

INDEMNITY OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

CITY initials:

BMRPD initials:

15. Attorneys’ Fees. In the event of any action to interpret or enforce this Agreement or any provision hereof, the prevailing party shall be awarded reasonable attorney’s fees and costs.

16. Further Assurances. The Parties agree to execute, deliver, file, serve and/or record any additional documents and perform any additional acts as may be reasonably necessary to complete the terms of this Agreement.

17. Neutral Construction. No provision as contained herein is to be interpreted for or against any party hereto because that party or that party’s legal representative drafted such provision. The validity, construction and all rights and obligations relating to this Agreement shall be governed by and under the laws of the State of California in effect as of the execution of this Agreement.

This Agreement is made, entered into, and to be performed in Kern County, California.

18. Legality of Individual Provisions. In the event that one or more of the provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected thereby.

19. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which for all purposes is to be deemed an original, and all of which constitute, collectively, one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

4.G.2
Attachment: Special Joint Event MOU with Bear Mtn Parks and Rec_Haunted House and Trunk or Treat_102423 (Special Joint Event - City and

Page 7 of 7 ends

HALLOWEEN PROGRAM PARTNERSHIP MEMORANDUM OF UNDERSTANDING IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth opposite their respective signatures below.

Date: BEAR MOUNTAIN RECREATION

AND PARKS DISTRICT
By:

Jesus Perez, Chairman
Date: CITY OF ARVIN
By:

Olivia Trujillo, Mayor

4.G.2
Attachment: Special Joint Event MOU with Bear Mtn Parks and Rec_Haunted House and Trunk or Treat_102423 (Special Joint Event - City and Nathan M. Hodges
Attorney at Law
Joint/Multiple Client Disclosure and Consent
Clients, CITY OF ARVIN, and BEAR MOUNTAIN RECREATION AND PARK DISTRICT, LLC (hereinafter “Joint Clients”) have asked Attorney to jointly represent them to perform and render Legal Services to Joint Clients regarding a Memorandum of Understanding for a joint Halloween Special Event. While joint representation may result in economic or tactical advantages, it also involves risks and potential conflicts of interest. The California Rules of Professional Conduct require that before an attorney may concurrently represent two or more clients in a matter, the attorney must: (1) inform each client in writing of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the each client arising from the proposed joint representation, and (2) obtain the informed written consent of each client.

The purpose of this disclosure is to set forth potential conflicts of interest relating to the proposed joint representation, and what Attorney perceives to be the relevant circumstances and the actual and/or reasonably foreseeable adverse consequences. Assuming that all Clients provide their informed written consent, Attorney agrees to represent Joint Clients in performing and rendering General Counsel Services. Attorney understands that this arrangement is desired by Joint Clients as a means of securing the economic and tactical advantage of joint representation.

California law and Rule 3-310(C)(1) of the Rules of Professional Conduct require Attorneys to provide written disclosure of any actual and reasonably foreseeable adverse consequences arising from the proposed joint representation, and to obtain all clients’ informed written consent to the joint representation. While Attorneys do not perceive any actual or reasonably foreseeable adverse consequences at this time, Clients should consider the following potential adverse consequences prior to consenting to the proposed joint representation:
(1) When an attorney represents only one client, there is no concern regarding shared or divided loyalties; rather all of the attorney’s efforts are focused on representing the interests of that one client. When an attorney represents two or more clients in the same matter, the attorney acts to protect the interests of each client, which may result in divided, or at least shared, attorney-client loyalties. Issues may arise as to which Attorney’s representation of any one client may be limited by Attorney’s representation of any other joint client. While neither Attorney nor Clients are aware of any such issues at this time, divided loyalty is always a risk in the event of joint representation.
(2) Attorneys owe clients a duty to preserve secrets and confidential communications, unless that duty is excused by the State Bar Act, the Rules of Professional Conduct or other law. When an attorney represents more than one client in a matter, pursuant to Evidence Code §962 and California case law there is no attorney-client privilege with respect to communications that take place between any of the Joint Clients and the attorney should any of the Joint Clients ever have a dispute in which those communications are relevant. Attorney has a duty to keep all of the Joint Clients reasonably informed of significant developments. Any information either of the

4.G.3
Attachment: Joint Representation Conflict Waiver City and BMRPD_102423 (Special Joint Event - City and Bear Mtn Parks & Rec - Halloween

Page 2 of 3 ends

Joint Clients discloses to Attorney during the course of the joint representation may be disclosed to the jointly represented clients during the course of the joint representation. (3) Conflicts may arise in particular with regard to: (a) litigation strategies that can impact different clients differently; (b) settlement issues, inasmuch as Joint Clients may each have different ideas regarding the propriety of settlement; or (c) transactional matters. At this point, Attorney does not have sufficient information to evaluate whether a potential conflict exists between the Joint Clients’ interests. If Attorney perceives there is a conflict with respect to a legal strategy, there may be a need for Joint Clients to consult independent counsel. (4) Joint representation may also create an issue regarding custody, or control, of the original file when an attorney-client relationship ends. By signing this agreement, each of you agree that if Attorney stops representing one of you, but continues to represent the other(s), the client(s) represented by Attorney is entitled to maintain custody or control of the original file. The other party or parties is/are entitled to a copy of Client Papers as defined in Rule 3-700(D) of the Rules of Professional Conduct. (5) In the event of a dispute or conflict between any of the Joint Clients, there is a risk that Attorney may be disqualified from representing one or more of the Joint Clients or that it may otherwise be inappropriate for Attorney to continue with the joint representation absent written consent from each of the Joint Clients. (6) If there is a judgment against any of the Joint Clients which is not covered by insurance, that client may have rights of indemnity against one or more of the other parties. If any disputes should arise between the Joint Clients, Attorney will not advise or represent any of the clients in connection with any claim for contribution or indemnity that it may have against any of the other clients.

The complaint includes a claim for punitive damages, which presents the potential for a conflict inasmuch as an award of punitive damages is not insurable. Attorney will endeavor to keep each of the Joint Clients advised as to their potential risks and exposure with respect to the punitive damage claim, or with respect to any over policy limits claims should one ever be made.

Because there is currently no actual conflict of interest, Attorney may jointly represent Joint Clients in connection with performing and rendering legal services to Joint Clients provided that Joint Clients all give informed consent in writing. Each Joint Client should feel free to consult with independent counsel before finalizing your decision to proceed with the joint representation, including whether or not to sign this conflict disclosure and waiver.

Attorney emphasizes that each Joint Client remains free to seek independent counsel at any time even if they decide to sign this consent.

Notwithstanding the foregoing, it is Attorney’s current understanding that each of the Joint Clients desires to have Attorney jointly represent them in connection with performing and rendering legal services connected to the Memorandum of Understanding for a joint Halloween Special Event. By signing this Disclosure and Consent, each client expressly acknowledges that he/she or it (acting through its authorized representative): (1) has carefully read and fully understands the disclosures set forth above; (2) has carefully considered all of the circumstances and potential conflicts described above; (3) has had the opportunity to consult with independent counsel regarding the disclosures and consent in this agreement; and (4) agrees to the joint representation by

4.G.3
Attachment: Joint Representation Conflict Waiver City and BMRPD_102423 (Special Joint Event - City and Bear Mtn Parks & Rec - Halloween

Page 3 of 3 ends

Attorney of Clients in performing and rendering legal services related to the Memorandum of Understanding for a joint Halloween Special Event.

Dated: ____________________ CITY OF ARVIN
By:

Olivia Trujillo, Mayor
Dated: ____________________ BEAR MOUNTAIN RECREATION AND PARK

DISTRICT
By:

Jesus Perez, Chairman

4.G.3
Attachment: Joint Representation Conflict Waiver City and BMRPD_102423 (Special Joint Event - City and Bear Mtn Parks & Rec - Halloween

CITY OF ARVIN

VOLUNTEER RELEASE AND WAIVER OF LIABILITY
PLEASE READ CAREFULLY.

THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.

AUTHORIZED WORK: LIMITED TO WORK THAT DOES NOT REQUIRE A CONTRACTOR’S LICENSE OR ANY TYPE OF CERTIFICATION SUCH AS MAINTENANCE, GENERAL CLEANUP, OR GROUNDSKEEPING.

VOLUNTEER RELEASE AND WAIVER OF LIABILITY
This Release and Waiver of Liability (the “Release”) is executed on the date stated below by the undersigned “Volunteer”, in favor of the City of Arvin, its officers, directors, employees and agents (collectively, “CITY”).

The Volunteer desires to work as a volunteer for CITY and engage in the activities related to being a volunteer (the “Activities”). The Volunteer acknowledges that he or she is not an employee of CITY, and that he or she desires to donate their services without contemplation of pay for public service or humanitarian objectives. The Volunteer hereby freely, voluntarily, and without duress executes this Release under the following terms:

Release and Waiver. Volunteer does hereby release and forever discharge and hold harmless CITY and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Volunteer’s Activities with CITY.

Volunteer understands that this Release discharges CITY from any liability or claim that the Volunteer may have against CITY with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s Activities with CITY, whether caused by the negligence of CITY or its officers, directors, employees, or agents or otherwise.

Volunteer also understands that CITY does not assume any responsibility for nor obligation to provide financial assistance or other assistance, including but not limited to medical, health, disability insurance, and workers’ compensation in the event of injury or illness.

Mental and Physical Fitness. I am not aware of any physical, mental, or other health limitation that would prevent me from safely participating in the Activities. I understand that it is my responsibility to consult with a physician prior to and regarding Activities that may require physical activity. I represent and warrant that I am physically fit, and I have no medical condition that would prevent my full participation in the Activities. In consideration for being allowed to

4.G.4
Attachment: Volunteer Release and Waiver of Liability_2023 (Special Joint Event - City and Bear Mtn Parks & Rec - Halloween Hauted House

Page 2 of 3 ends

VOLUNTEER RELEASE AND WAIVER OF LIABILITY
participate, I personally assume all risks, foreseen or unforeseen, in connection with my activities as a volunteer of any harm, injury, or damage I incur as a participant. I assume the responsibility of mental and physical fitness to safely participate in the assignment and agree to abide by all rules and requirements of the CITY related to my participation. I will perform only those tasks assigned to me, observe all safety rules, and use care in the performance of my assignments. I will not attempt to do work that I do not understand, that is beyond my training, or that is beyond my physical capabilities, nor will I use unfamiliar or unsafe tools. I will not participate if I am under the influence of alcohol or any drug that could impair my physical or mental abilities.

Medical Treatment. Volunteer does hereby release and forever discharge CITY from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Volunteer’s Activities with CITY or with the decision by any representative or agent of CITY to exercise the power to consent to medical or dental treatment.

Assumption of Risk. Volunteer understands that the Activities include work that may be hazardous (that is, that can cause serious physical injury or death) to the Volunteer. Volunteer agrees to work with full knowledge of the dangers and potential injuries involved. Volunteer hereby expressly and specifically assumes the risk of injury or harm in the Activities and releases CITY from all liability for injury, illness, death, or property damage resulting from the Activities and/or Volunteer’s negligence. Volunteer also agrees to indemnify CITY for any injury Volunteer may cause to another.

Insurance. Volunteer understands that, except as otherwise agreed to by CITY in writing, CITY does not carry or maintain health, medical, disability, or workers’ compensation coverage for any Volunteer. Each Volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage.

Photographic Release. Volunteer does hereby grant and convey unto CITY all rights, title, and interest in any and all photographic images and video or audio recordings made by CITY during the Volunteer’s Activities with CITY, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings and the right to publicly display or utilize such images and recordings, including specifically the images and recordings of Volunteer, in advertising and for promotional and other purposes.

Duration of Release. Volunteer’s agreement to the terms in this Release & Waiver applies as long as Volunteer volunteers for the CITY.

Other. Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of California, and that this Release shall by governed by and interpreted in accordance with the laws of the State of California. Volunteer agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. [Signature Page Follows]

4.G.4
Attachment: Volunteer Release and Waiver of Liability_2023 (Special Joint Event - City and Bear Mtn Parks & Rec - Halloween Hauted House

Page 3 of 3 ends

VOLUNTEER RELEASE AND WAIVER OF LIABILITY

I HAVE CAREFULLY READ THIS AGREEMENT AND WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENT AND MEANING. I AM AWARE

THAT THIS FORM IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME, THE BELOW NAMED INDIVIDUAL, AND THE CITY OF ARVIN.

Dated:

Signature of Volunteer

Print Name
Emergency Contact Name
Emergency Contract Phone Number
IF VOLUNTEER IS UNDER THE AGE OF 18, THE PARENT (OR GUARDIAN, IF ANY) MUST SIGN.

I am the parent or legal guardian of the above Volunteer, and s/he has my permission to participate as a volunteer for the CITY on the terms, conditions and limitations provided in this Release and Waiver of Liability Form. I have read and agree to the provisions stated above for myself and the minor. I consent to and allow the minor to participate as a volunteer without my supervision and I assume all the risks from such participation.

Dated:

Signature of Parent or Guardian

Print Name

4.G.4
Attachment: Volunteer Release and Waiver of Liability_2023 (Special Joint Event - City and Bear Mtn Parks & Rec - Halloween Hauted House Staff Report – Title 17 Zoning Code Amendment – ADU’s CC Mtg Oct. 24, 2023

Page 1 of 2 ends

CITY OF ARVIN
City Council

STAFF REPORT
Meeting Date: October 24, 2023
TO: City Council
FROM: Chris Soriano, City Planner
Jeffery Jones, City Manager / Finance Director
Jake Raper, Planner
SUBJECT: A Public Hearing to Consider Adoption and Second Reading of an Ordinance of the City of Arvin Adopting Code Amendments ZCA 2023-04 to Title 17 Zoning - Deleting Chapter

17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units.

BACKGROUND:

The City Council on October 10, 2023, conducted its public hearing and at the conclusion of the hearing introduced by title only and waived the first reading of Zoning Code Amendment CA No. 2023-04, code amendments Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption.

The City Council report and supporting documentation are on file at the City Clerk’s office located at 200 Campus Drive, Arvin, CA 93203.

PUBLIC HEARING NOTICE:

The City Clerk, as required by state law, published the Notice of Intent to Adopt an Ordinance, on October 16, 2023, meeting the required noticing five (5) days prior to the city council meeting of October 24, 2023.

RECOMMENDATION – CITY COUNCIL ACTION:

Open the public hearing, receive summary staff report, receive public testimony, close the public hearing. Perform the second reading to be read by title only and adopt the attached “Zoning Code Amendment CA No. 2023-04, - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units.”

5.A.1
Attachment: 1 - Staff Report ZCA 2023-04 ADU - CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Staff Report – Title 17 Zoning Code Amendment – ADU’s CC Mtg Oct. 24, 2023

Page 2 of 2 ends

END OF REPORT.

Attachment:

Ordinance of the City of Arvin Adopting Code Amendments ZCA 2023-04 to Title 17 Zoning - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units.

Attachments on file at City Clerk’s Office:

1. Public Hearing Notice – P:ublished on September 28, 2023.

2. City Council Staff Report and Attachments dated October 10, 2023.

3. Draft Public Hearing Notice – NOTICE OF ADOPTION OF ZCA 2023-04 ACCESSORY DWELLING UNITS WITHIN 15 DAYS AFTER ADOPTION.

5.A.1
Attachment: 1 - Staff Report ZCA 2023-04 ADU - CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 1 of 13 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING ZONING CODE AMENDMENT ZCA 2023-04 TO TITLE 17
ZONING - DELETING CHAPTER 17.50, SECTION 17.50.060 ADDITIONAL DWELLING UNITS AND ADDING CHAPTER 17.51 ACCESSORY
DWELLING UNITS.

WHEREAS, the City Council desires to amend Title 17 Zoning as follows:

1. Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units – Requirements.

2. Addition of Chapter 17.51 Accessory Dwelling Units
WHEREAS, on September 19, 2023, at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and
WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2023-16, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on October 10, 2023, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, provided an opportunity to receive oral and written testimony from members of the public, and introduced the ordinance by title only; and
WHEREAS, on October 10, 2023, the City Council introduced and conducted the first reading of the ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023- 04 - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter

17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption; and
WHEREAS, prior to the October 24, 2023, the City Clerk will submit for publication of a public hearing notice, Notice By The Arvin City Council Of Its Intent To Adopt An Ordinance, second reading and adoption of an ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023-04 - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption; and
WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 17 Zoning by deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units – Requirements and adding Chapter 17.51 Accessory Dwelling Units.

NOW, THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 2 of 13

1. The Recitals set forth above are true and correct and incorporated herein.

2. Copies of the environmental document and full text of the deletion and addition to Title 17 Zoning – Zoning Code Amendment ZCA 2023-04 were made available for public inspection during public review period at the City Clerk’s office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website.

3. Based upon its own independent judgment and substantial evidence in the record of proceedings related to the Proposed Ordinance amendments, the City Council approves the Notice of Exemption.

4. This Ordinance establishes the opportunity for the efficient review and approval of accessory dwelling units.

Code Amendments are as follows:

1. DELETE TITLE 17 ZONING, CHAPTER 17.50 MISCELLANEOUS
REGULATIONS; SECTION 17.50.060 ADDITIONAL DWELLING UNITSREQUIREMENTS AS FOLLOWS:

Chapter 17.50 Miscellaneous Regulations; Section 17.50.060 Additional dwelling units— Requirements.

A. Notwithstanding any other provisions of this title, where a lot in the R-1 zone has an area of twelve thousand (12,000) square feet or more and with adequate provisions for ingress and egress, a conditional use permit may be granted by the planning commission for the construction of additional one-family dwellings and allowable accessory buildings.

However, the minimum site area shall be six thousand (6,000) square feet of lot area per each one-family dwelling.

B. Notwithstanding any other provisions of this title, where a lot in the R-2 zone has an area of nine thousand (9,000) square feet or more and with adequate provisions for ingress and egress, a conditional use permit may be granted for the construction of additional family dwelling units and allowable accessory buildings; provided, however, the minimum site area shall be three thousand (3,000) square feet of lot area per each family dwelling unit.

This procedure shall also apply in the E, E-1, E-2, E-3, E-4 and E-5 zones under the same terms and provisions of the minimum lot size contained therein. It shall not apply in the agricultural or R-S zones or any zone wherein the R-S overlay has been utilized; in these cases a zone change will be required.

C. The procedure for filing of applications, filing fees, investigation, notices, public hearings and findings shall be the same as provided in this title for variances. (Ord. 51 §2915, 1965).

2. ADD CHAPTER 17.51 ACCESSORY DWELLING UNITS AS FOLLOWS:

Title 17 – Zoning
Chapter 17.51 ACCESSORY DWELLING UNITS

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 3 of 13

17.51.010 – Purpose and Applicability.

A. Purpose. The purpose of this chapter is to comply with Government Code Section 65852.2 (Accessory Dwelling Units), 65852.22 (Junior Accessory Dwelling Units), and 65852.26 (Sale or Conveyance of Accessory Dwelling Unit Separate from Primary Residence) as amended from time to time by the State, which provides for cities to set standards for the development of accessory dwelling units (ADUs) and Junior ADUs (JADUs) so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the General Plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single family, homes or multi-family units.

B. This chapter is intended to implement the City's Housing Element of the General Plan and is adopted to comply with State law (Government Code Section 65852.2 and 65852.22), by allowing ADUs through ministerial review in all districts zoned to allow single- family, multifamily, or mixed uses, subject to meeting the standards prescribed below.

C. Permitted Locations. The provisions included in this chapter are applicable to all lots that 1) are zoned to allow single-family, multi-family residential, or mixed uses; and 2) include a proposed or existing primary dwelling.

17.51.020 – Application Process.

A. Permit Required. An Administrative Permit in compliance with Chapter 17.05 is required for ADUs along with a Building Permit.

B. Review and Approval – Ministerial Review. An Administrative Permit in compliance with Chapter 17.05 for an ADU shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits within 60 days of acceptance of a complete application.

1. Exception: Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the City shall not act on the ADU permit application until the City acts on the permit application for the new single-family dwelling unit; or The applicant requests a delay, in which case the sixty (60)-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application for the ADU within 60 days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved.

C. ADU shall be subject to this section and under subdivision (e) of Government Code 65852.2 shall not be subject to design and development standards except for those that are noted in this Chapter. ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process, Conditional Use Permit, if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process.

17.51.030 – Submittal Requirements.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 4 of 13 A. The completed application, Administrative Permit, shall be submitted to the Planning Division on an application form prepared by the City Planner and shall include the submittal requirements as defined by Chapter 17.05 (Uses Permitted Subject to Administrative Approval). Upon approval of the Administrative Permit, the applicant shall submit a building permit application. Fees for an ADU shall be established by the City Council and said fees shall be, but not limited to, Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the issuance of building permits.

17.51.040 – Type of Accessory Dwelling Units.

A. Types of Accessory Dwelling Units.

1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

The attached ADU shall have an exterior entrance separate from the main house.

2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

3. Internal Conversion ADU. An ADU may be located within areas converted to habitable space, such as:
i. An area within an existing single-family dwelling (e.g., attached garage) and on the same lot as the existing dwelling with a separate exterior entrance; or
ii. An existing accessory structure (e.g., detached garage or pool house) located on the same lot as an existing single-family dwelling with a separate exterior entrance; or
iii. Portions of existing multi-family structures that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

17.51.050 – Number and Types of ADUs Permitted Per Legal Parcel or Lot.

A. Lots with a Single-Family Dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and includes a proposed or existing single-family dwelling.

1. One (1) attached ADU; or

2. One (1) detached ADU; and

3. One (1) JADU (See Section 17.51.120).

B. Lots with a Multi-Family Dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and includes a proposed or existing multi-family dwelling.

1. Conversion of non-livable spaces to create ADU(s). At least one (1) ADU within the portions of existing multi-family structures, from the conversion of non-livable

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 5 of 13 area, shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure, so long as it does not exceed 25 percent of the total number of existing dwelling units. ADUs within multi-family structures must be converted from non-livable areas and if no non-livable areas exist, no ADUs will be permitted.

2. Detached ADU(s). Not more than two (2) ADUs, conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi-family residential uses and includes an existing or proposed multi-family dwelling.

17.51.060 – Development Standards.

A. Site/Location Requirements.

1. Minimum Lot Size. ADUs that comply with this Chapter shall be permitted on all legally established parcels, regardless of parcel size.

2. Lot Coverage. Not applicable.

3. Space Between Buildings shall be established in the applicable zone district.

B. Size and Floor Area.

1. Detached ADU. The maximum floor area of a new construction of a detached ADU is 1,200 square feet.

2. Attached ADU. The maximum floor area of an attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling for an attached ADU but is permitted to be at least 800 square feet.

C. Height and Number of Stories. All ADUs shall comply with the minimum height restrictions as established in the applicable zone district.

D. Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The side yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at street intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased to be equal to or greater than the width of the utility easement(s).

1. Front Yard Setbacks. All ADUs shall meet the minimum front yard setback as established in the applicable zone district.

2. Rear and Side Yard Setbacks shall be the minimum as listed below, except where public utility easement(s) requires a greater setback.
i. Interior Side Yard Setbacks: Interior Side Yard shall be a minimum of four (4) feet.
ii. Corner Side Yard Setback – Corner yard setback shall be six (6) feet. iii. Interior Rear Yard Setback: Interior Rear Yard Setback shall be a minimum of four (4) feet for interior lots.
iv. Corner Rear Yard Setback: Corner Rear Yard Setback for corner lot shall be a minimum of six (6) Feet.

3. When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four (4) feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks of four (4) feet from the side and rear yards, whichever is less, if the ADU is constructed in the same location and to the same dimensions as the existing structure.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 6 of 13 i. Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the Fire and Building codes.

E. Parking Requirements.

1. One (1) parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet of the interior side yard and shall not be within six (6) feet of a corner side yard setbacks. The four (4) foot and six (6) foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at street intersections.

2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates off-street parking. The City code requires two (2) off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two-offstreet parking spaces are required and when required one off-street parking for the ADU. As noted, tandem parking shall not block sidewalks or public access.

3. Exceptions. No parking shall be required for ADUs in any of the following instances:
i. The ADU is located within one-half mile walking distance of public transit. ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant(s) of the ADU.
v. There is a car share vehicle located within one (1) block of the ADU.

F. Architectural Review. The construction of new ADUs shall be subject to Section 17.50.130 Single-family dwellings and mobile homes – Development/Architectural Standards.

G. Access and Entry. An ADU shall have a separate entry from the primary residence and shall be from the side or rear yard.

H. Density Limits. An ADU that conforms to the ordinance shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

17.51.070 – Other Requirements.

A. Availability of Utilities.

1. Utility Connections. ADUs may be subject to utility connections as provided herein.

2. Private Sewage Disposal System. ADUs not serviced by the City’s wastewater system must receive clearance from the Kern County Public Health Services

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 7 of 13 Department. The applicant shall provide clearance to the City Building Division prior to the issuance of a building permit.

B. Addressing. The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s), whether the ADU is an attached or detached. The address must be assigned prior to the issuance of the building permit.

C. Fire Sprinklers. Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Government Code Section 65852.2, subds. (a)(1)(D)(xii) and (e)(3).) Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers. For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers.

D. Solar Panels. New ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, nonmanufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.

E. Flood Elevation Certification. All ADUs are required to comply with Chapter 15.32 Floodplain Management when the proposed ADU is located within the FEMA Flood Hazard area which has a one (1) percent annual chance for shallow flooding. If applicable, prior to the issuance of the building permit, compliance with Section 15.32.170(C ) and (D) of the Arvin Municipal Code and prior to the issuance of the building permit, a Flood Certification shall be provided.

F. Building Code compliance is required for all ADUs. The Building Division will not issue final building permits for an ADU before approval of building permits for the primary dwelling.

G. Kern County Fire Department Clearance shall be required prior to the issuance of a building permit for an ADU.

H. Other Code compliance as may be applicable, such as but not limited to encroachment permits, lot mergers, lot line adjustments, etc.

17.51.080 – Occupancy, Rental, and Sale Limitations
A. Owner Occupancy shall not be required for ADUs.

B. Rental of ADUs shall be a minimum of 30 days.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 8 of 13 C. Separate Conveyance. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 65852.26 with affordability restrictions.

17.51.090 – Fee Requirements.

A. Connection Fees or Capacity Charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new ADU and new residential unit is applied for and constructed, the new ADU and new residential unit shall pay the applicable Sewer Connection Fee in place at the time of submittal.

B. Impact Fees. Impact fees shall not be imposed on an ADU that is less than 750 sf. in size.

For ADUs that are greater than 750 sf. in size, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling unit.

C. Permit Processing Fee. Application fees shall be as established by resolution of the City Council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. All state mandatory fees associated with building permits shall be required.

D. Monthly Charges for Sewer and Water. ADUs shall be subject to the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly utility fees for domestic water service.

17.51.100 – Conditions for Non-Conforming Uses and Structures.

A. Nonconforming Conditions. Notwithstanding Chapter 17.52, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU, may request a delay for five years in in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the City’s Building Official, subject to compliance with the Health and Safety Code Section 17980.12 and the following conditions:

1. The ADU was built before January 1, 2020.

2. The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

17.51.110 – Definitions Accessory Dwelling Units. For purposes of this section, the following terms have the following meanings.

A. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include 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. An accessory dwelling unit also includes the following:
a. An efficiency unit.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 9 of 13 B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

C. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

D. “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.

E. “Local agency” means a city, county, or city and county, whether general law or chartered.

F. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

G. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

H. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I. “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.

J. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

K. “Impact Fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L. Multiple detached dwellings on a lot in the R-2, R-3, and R-4 Zones: A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Government Code Section 65852.2, subds. (e)(1)(A) and (B).) M. Multifamily dwelling under ADU Law is as follows: For the purposes of State ADU Law, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.

17.51.120 – Junior Accessory Dwelling Units.

A. Permitted one (1) junior accessory dwelling units (JADU) in single-family residential zones.

B. An administrative permit shall be required for the creation of a JADU, and shall do all the following:

1. One (1) JADU per residential lot zoned for single-family residences with a singlefamily residence built, or proposed to be built, on the lot.

2. Require owner-occupancy in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 10 of 13 i. A prohibition on the sale of the JADU separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers.
ii. A restriction on the size and attributes of the JADU that conforms with this section.

4. A permitted JADU shall be constructed within the walls of proposed or existing single-family residence.

5. The JADU shall provide a separate entrance from the main entrance to the proposed or existing single-family residence.

6. The JADU shall provide an efficiency kitchen, which shall include all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7. A JADU shall not require additional parking as a condition to grant a permit.

C. JADU shall be required to submit a building permit and pay adopted fees for planning clearance, Administrative Permit and Maintenance Fees, building fees relating to plan checks, building permit, inspection, including the imposition of a fee for that inspection, to determine if the JADU complies with applicable building standards.

D. An application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The Planning Division shall act on a completed application to create a JADU within 60 days from the date the local agency receives a completed application if there is an existing singlefamily dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADUI shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

E. Fees for a JADU shall be established by the City Council and said fees shall be, but not limited to, Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the issuance of building permits.

F. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a JADU or not.

G. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

H. This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as that ordinance or

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 11 of 13 regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a JADU.

Section 17.51.130 Definitions Junior Accessory Dwelling Unit (JADU). For purposes of this section, the following terms have the following meanings:

A. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B. “Local agency” means a city, county, or city and county, whether general law or chartered.

C. Effective January 1, 2020, Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read: For purposes of this section, the following terms have the following meanings:
a. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
b. “Local agency” means a city, county, or city and county, whether general law or chartered.

D. Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:
a. 17980.12. (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
i. The accessory dwelling unit was built before January 1, 2020. ii. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
iii. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
iv. The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
v. The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 12 of 13 by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3).
b. For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
c. This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 13 of 13 I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the October 10, 2023, and adopted the Ordinance after the second reading at a regular meeting held on the October 24, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor

APPROVED AS TO FORM
By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, _________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_Second Reading CC Mtg 102423 (Public Hearing: Second Reading - Ordinance Adopting ZCA No.

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

ACCESSORY DWELLING UNIT

HANDBOOK
UPDATED JULY 2022

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 2 Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance........................... 3 Summary of Recent Changes to ADU Laws .......................................................................... 5 Frequently Asked Questions .................................................................................................. 9

1. Legislative Intent............................................................................................................... 9

2. Zoning, Development and Other Standards....................................................................11 A) Zoning and Development Standards.........................................................................11 B) Size Requirements.....................................................................................................13 C) Parking Requirements ...............................................................................................15 D) Setbacks ....................................................................................................................16 E) Height Requirements .................................................................................................17 F) Bedrooms...................................................................................................................17 G) Impact Fees...............................................................................................................18 H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards 19
I) Nonconforming Zoning Standards...............................................................................22 J) Renter- and Owner-Occupancy ..................................................................................22 K) Fire Sprinkler Requirements ......................................................................................23 L) Solar System Requirements.......................................................................................23

3. JADUs .............................................................................................................................24

4. Manufactured Homes.......................................................................................................25

5. Regional Housing Needs Allocation (RHNA) and the Housing Element ...........................25

6. Homeowners Associations ...............................................................................................26

7. ADU Ordinances and Local Agencies..............................................................................27

8. Enforcement ....................................................................................................................28

9. Senate Bill (SB) 9 (2021)……………………… ……………………………………………...28

10. Funding……………………………………………………………………… ………………...29
Resources ...............................................................................................................................30 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) .....................................31 Attachment 2: ADU Resources............................................................................................55

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 3 Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping
pace with demand. In the last decade, fewer
than half of the homes needed to keep up with
the population growth were built. Additionally,
new homes are often constructed away from
job-rich areas. This lack of housing that meets
people’s needs is impacting affordability and
causing average housing costs, particularly for
renters in California, to rise significantly. As
affordable housing becomes less accessible,
people drive longer distances between housing
they can afford and their workplace or pack
themselves into smaller shared spaces, both of
which reduce quality of life and produce
negative environmental impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are accessory dwelling units (ADUs – also referred to as second units, in-law units, casitas, or granny flats) and junior accessory dwelling units (JADUs).

What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similaruse, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • JADU: A specific type of conversion of existing space that iscontained entirely within an existing or proposed single-family residence.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 4 ADUs tend to be significantly less expensive to build than new detached single-family homes and offer benefits that address common development barriers, such as environmental quality.

Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. Because they are contained inside existing or proposed single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and can further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.

Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents oftenwant better access to schools and do not necessarily require single-family homes to meet their housing needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. Homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners, who can receive extra monthly rental income while also contributing to meeting state housing production goals.

ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care, thus helping extended families stay together while maintaining privacy. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.

New policies are making ADUs even more affordable to build, in part by limiting the development impact fees that local jurisdictions may charge for ADU construction and relaxing local zoning requirements. ADUs and JADUs can often be built at a fraction of the price of a new single-family home, and homeowners may use their existing lot to create additional housing. Often the rent generated from the ADU can pay for the entire project in a matter of years.

ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. By design, ADUs are more affordable to renters and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 5 Summary of Recent Changes to ADU Laws
In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory changes.

AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development,notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1,2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).) AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutesof 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 8 impact on State ADU Law, particularly throughHealth and Safety Code Section 17980.12.

These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit orunreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).)

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 9 Frequently Asked Questions

1.Legislative Intent
• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.

State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.

ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 10 Government Code section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing inCalifornia. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housingstock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and futurehousing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet theneeds of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size,parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 11 2.Zoning, Development and Other Standards
A)Zoning and Development Standards
• Are ADUs required jurisdiction-wide?
No. ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety.

Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible to create an ADU. (Gov. Code § 65852.2 subd. (a)(1) and (e)(1).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs.

Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).) • Can a local government apply design and development standards? Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(4).)
ADUs created under subdivision (e) of Government Code section 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 12 ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review.

Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU :Law. • Are ADUs permitted ministerially?
Yes. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways, such as privacy, compatibility with neighboring properties, or promoting harmony and balance in the community; subjective standards must not be imposed on ADU development. Further, ADUs must not be subject to hearing requirements or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code § 65852.2, subds. (a)(3) and (a)(4).) • Is there a streamlined permitting process for ADU and JADU applications? Yes. Whether or not a local agency has adopted an ordinance, applications to create an ADU or JADU shall be considered and approved ministerially within 60 days from the date the local agency receives a completed application. Although the allowed 60-day review period may be interrupted due to an applicant addressing comments generated by a local agency during the permitting process, additional 60-day time periods may not be required by the local agency for minor revisions to the application. (Gov. Code § 65852.2, subds. (a)(3) and (b).)
• Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Gov. Code § 65852.2, subds. (e)(1)(A) and (B).)
• What is considered a multifamily dwelling under ADU Law? For the purposes of State ADU Law, a structure with two or more attached dwellings on

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 13 a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.
• Can I build an ADU in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).

As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs. Jurisdictions are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(5).) B)Size Requirements
• Can minimum lot size requirements be imposed on ADUs? What about lot coverage, floor area ratio, or open space requirements?
No. While local governments may impose certain development standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (see below). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility. (Gov. Code, § 65852.2, subds. (c)(2)(C).) What is a statewide exemption ADU?
A statewide exemption ADU, found in Government Code section 65852, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. Further, State ADU Law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance. See more discussion below.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 14 • Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1.

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing 3,000 square-foot barn converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance.

Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency’s adopted ordinance.
• Can a percentage of the primary dwelling be used to limit the maximum size of an ADU?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unitsize for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Local agencies shall not, by ordinance, establish any other minimum or maximum unit sizes, including limits based on a percentage of the area of the primary dwelling, that precludes an 800 square-foot ADU. (Gov. Code, § 65852.2, subd. (c)(2)(C).) Local agencies utilizing percentages of the primary dwelling as maximum unit sizes can consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).)

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 15 C)Parking Requirements
• Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose ADU parking standards for any of the following ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
(1) ADUs located within one-half mile walking distance of public transit. (2) ADUs located within an architecturally and historically significant historic district. (3) ADUs that are part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.

Note: For the purposes of State ADU Law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the Coastal Zone. • Can ADU parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever isless. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not berequired for ADUs under any circumstances. For certain ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10), a local agency may not impose any ADU parking standards (see above question).

What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as requiring zero or half a parking space per each ADU, to remove barriers to ADU construction and to facilitate development.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 16 • Is flexibility for siting ADU parking recommended? Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction ofan ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D)Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs. However, setbacks should not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).) Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program. Setback requirements must also comply with any recorded utility easements or other previously recorded setback restrictions.

No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height. (Gov.

Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks ofless than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet, respectively. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.

A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs. (Gov. Code, §65852.2, subd. (c) and (e).)

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 17 • Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot. A local agency may impose development standards for the creation of ADUs, and ADUs shall comply with local building codes. However, development standards should not unduly constrain the creation of ADUs, cannot preclude a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks), and should not unduly constrain the creation of all types of ADUs, where feasible. (Gov. Code, § 65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height or number of stories of an ADU? There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) For a local agency to impose a height limit, it must do so through the adoption of a compliant ADU ordinance.

F)Bedrooms
• Can a limit on the number of bedrooms in an ADU be imposed? A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs. Building code standards for minimum bedroom size still apply.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 18 G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.

What is “Proportionately”?
“Proportionately” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and, ultimately, the creation of ADUs. In the case of the example above,anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs. A proportional fee shall not be greater than 100 percent, as when a proposed ADU exceeds the size of the existing primary dwelling.

For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 squarefoot expansion, a total ADU square footage over 750square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts, or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 19 • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection withthe approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000.)
• Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov.

Code, § 65852.2, subd. (f)(2).)
H)Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards
• Are local agencies required to comply with Government Code section 65852.2, subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approvalof ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of State ADU Law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e)(1) are:
(A) One ADU and one JADU are permitted per lot within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.
(B) One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU, and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 20 (C)Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. (D)Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four-foot rear and side yard setbacks.

The above four categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.

The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards.This would enable the conversion of an accessory structure, such as a 2,000 square-foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.

These types of ADUs are also eligible for a 150 square-foot expansion (see discussion below).

ADUs created under subdivision (e) shall not be required to provide parking if the ADU qualifies for one of the five exemptions listed under subdivision (d). Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owner occupancy. • How many ADUs are allowed on a multifamily site under subdivision (e)? Under subdivision (e), an applicant may apply to build up to two detached ADUs and at least one interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non-livable space, which is not a requirement under subdivision (a) for ADUs associated with single-family sites. It should also be noted that if there is no existing non-livable space within a multifamily structure, an applicant would not be able to build an interior ADU under subdivision (e). Attached ADUs are also prohibited under this subdivision.

By contrast, under subdivision (a), an applicant may choose to build one attached, detached, or conversion ADU on a site with a proposed or existing multifamily dwelling, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single-family site under subdivision (a). JADUs can only be constructed on a site with a proposed or existing single-family dwelling; however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under subdivision (a).

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 21 • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through State ADU Law.

These conversions of accessory structures are not subject to any additional development standards, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits based on when the structure was created, and the structure must meet standards for health and safety.

Additionally, the two ADUs allowed on each multifamily site under subdivision (e) may be converted from existing detached structures on the site. Existing, detached accessory structures on a lot with an existing multifamily dwelling that are converted to ADUs cannot be required to be modified to correct for a non-conforming use. Both structures must be accessory structures detached from the primary residence, and because they are conversions of existing structures, these ADUs would not have to comply with the four-foot setback requirements under subdivision (e) if the existing structures are closer than four feet to the property line. This would also mean that the 16-foot height limitation would not apply if the existing structure were taller than 16 feet.

Conversion ADUs in this scenario would not be subject to any square footage restrictions as long as they are built within the footprint of the previous structure. • Can an ADU created by converting existing space be expanded? Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An ADU created within the space of an existing or proposed single-family dwelling is subject to local development standards. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.

A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per State ADU Law or per a local agency’s adopted ordinance. (Gov. Code, § 65852.2, subd. (e)(1)(i).) As a JADU is limited to being created within the walls of a primary residence and not an accessory structure, this expansion of up to 150 square feet does not pertain to JADUs.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 22 • Can an ADU be constructed in the non-livable spaces of the non-residential portions of a mixed-use development?
No. The non-livable space used to create an ADU or ADUs under Government Code section 65852.2, subdivision (e)(1)(C), should be limited to the residential areas of a mixeduse development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses would also be excluded from potential ADU development.

I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU.

Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per State ADU Law. For example, an applicant shall not be required to improve sidewalks or carry out street or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, anapplicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)
J) Renter- and Owner-Occupancy
• Are rental terms allowed?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, §65852.2, subds. (a)(6) and (e)(4).) • Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling orADU was required to be occupied by an owner. The updates to State ADU Law removed the owner-occupancy requirement for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024; however, local agencies may not retroactively require owner-occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.

However, should a property have both an ADU and JADU, JADU law requires owneroccupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 23 K) Fire Sprinkler Requirements
• Can fire sprinklers be required for ADUs?
Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.

For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal.

L) Solar System Requirements
• Are solar systems required for newly constructed ADUs? Yes, newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.

Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov. You may email your questions to [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policyresearch/AccessoryDwellingUnits.shtml.

See HCD’s Information Bulletin 2020-10 for information on the applicability of California solar requirements to manufactured housing.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 24 3.JADUs – Government Code Section 65852.22
• What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 65852.22, subd. (h)(1).)
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.

JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov.

Code, § 65852.22, subd. (a)(1).)
• Are JADUs required to have an interior connection to the primary dwelling? No. Although JADUs are required to be within the walls of the primary dwelling, they are not required to have an interior connection to the primary dwelling. That said, JADUs may share a significant interior connection to the primary dwelling, as they are allowed to share bathroom facilities with the primary dwelling.
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single- family residence. As noted above, attached garages are eligible for JADU creation. (Gov. Code, § 65852.22, subds. (a)(1) and (a)(4).) • Are JADUs allowed to be increased up to 150 square feet when created within an existingstructure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 25 • Are there any owner-occupancy requirements for JADUs? Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)

4.Manufactured Homes
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent living facilities and permanent provisions for living,sleeping, eating, cooking and sanitation. An ADU includes a manufactured home. (Health & Saf. Code, § 18007.)
Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposesof this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

5.Regional Housing Needs Allocation (RHNA) and the Housing Element • Do ADUs and JADUs count toward a local agency’s RHNA? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the RHNA and Housing Element Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 26 counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications. For more information, please contact [email protected].
• What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs. • Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.) This list is available on HCD’s ADU webpage.

6.Homeowners Associations
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU orJADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance. Refer to Section 4100 of the Civil Code for the meaning of a common interest development.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 27 7.ADU Ordinances and Local Agencies
• Are ADU ordinances existing prior to new 2020 laws null and void? Maybe. ADU ordinances existing prior to the new 2020 laws, as well as newly adopted ordinances, are null and void when they conflict with State ADU Law. Subdivision (a)(4) of Government Code section 65852.2 states that an ordinance that fails to meet the requirements of subdivision (a) shall be null and void, and the local agency shall apply the state standards until a compliant ordinance is adopted. See the question on Enforcement below for more detail.
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose not to adopt an ADU ordinance, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.
• Is a local government required to send an ADU ordinance to HCD? Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with State ADU Law. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. HCD recommends that local agencies do so, as this provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with State ADU Law prior to adoption.
• Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).

Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared State ADU Law addresses “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that State ADU Law applies to all cities, including charter cities.
• Do the new ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 28 necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l).) Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians.

For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to thelocality’s local Coastal Commission district office. • Do the new ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada. Under the compact, TRPA has authority to adopt ordinances, rules, and regulations, and those ordinances, rules, and regulations are considered federal law. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law likely preempts or overrides State ADU Law.

8.Enforcement
• Does HCD have enforcement authority over ADU ordinances? Yes. Pursuant to Government Code section 65852.2, subdivision (h), local agencies are required to submit a copy of newly adopted ADU ordinances within 60 days of adoption.

HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the local agency’s ADU ordinance does not comply with State ADU Law, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond. The local agency shall either amend its ordinance in accordance with HCD’s written findings or adopt the ordinance without changes but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s findings. If the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency that it is in violation of State ADU Law. HCD may also notify the Attorney General of the local agency’s violation. While an ordinance is non-compliant, the local agency shall apply state standards.

In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify State ADU Law.

9.Senate Bill (SB) 9 (2021)
• Does SB 9 have any impact on ADUs?
SB 9 (Gov. Code Sections 66452.6, 65852.21 and 66411.7) contains some overlaps with State ADU Law, but only on a relatively small number of topics. Please note that although HCD does not administer or enforce SB 9, violations of SB 9 may concurrently violate other housing laws that HCD does enforce, including, but not limited to, State ADU Law and State Housing Element Law. As local jurisdictions implement SB 9, including adopting local

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 29 ordinances, it is important to keep these and other housing laws in mind. For details regarding SB 9, please see HCD's SB 9 Factsheet.

10. Funding
• Is there financial assistance or funding available for ADUs? Effective September 20, 2021, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provides up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build and occupy an ADU or JADU on a lot with a single-family dwelling unit. The ADU Grant Program is intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. For additional information or questions, please see CalHFA’s ADU Grant Program at https://www.calhfa.ca.gov/adu or contact the CalHFA Single Family Lending Division at (916) 326-8033 or [email protected].

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 30 Resources

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 31 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
Combined changes from AB 345, AB 3182, AB 881,
AB 68, and SB 13 (Changes noted in strikeout,
underline/italics)
Effective January 1, 2022, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessorydwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessorydwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existingdwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 32 converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(1)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(2)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(3)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 33 ordinance that complies with this section.
(4)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (5)This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30days. (6)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (7)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessorydwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 34 development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unitin any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.
(C)(i) Multiple accessory dwelling units within the 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 unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision befor a term longer than 30 days.
(5)A local agency may require, as part of the application for a permit to create an accessory

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 35 dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6)Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a localagency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwellingunit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h)(1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 36 action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shalldo one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despitethe findings of the department. (3)(A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopta resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,and January 1, 2020. (i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)As used in this section, the following terms mean:
(1)“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include 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. An accessory dwelling unit also includes thefollowing:
(A)An efficiency unit.
(B)A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3)“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does notinclude a garage or any accessory structure. (5)“Local agency” means a city, county, or city and county, whether general law or chartered. (6)“Nonconforming zoning condition” means a physical improvement on a property that does not conform withcurrent zoning standards.
(7)“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.
(8)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets therequirements for permitting.
(9)“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 areavailable to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)Nothing in this section shall be construed to supersede or in any way alter or lessen the

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 37 effect or application ofthe California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, asspecified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with thisdivision.
(n)In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)The accessory dwelling unit was built before January 1, 2020. (2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted inunderline/italic):
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence. (ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 38 existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II)Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III)This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(2)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(3)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 39 of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6)(A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (8)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 40 the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 41 (C)(i) Multiple accessory dwelling units within the 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 unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivisionbe for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units.

These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 42 dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling. (5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2)(A) If the department finds that the local agency’s ordinance does not comply with this section, the departmentshall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, torespond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shalldo one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despitethe findings of the department. (3)(A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopta resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,and January 1, 2020. (i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)As used in this section, the following terms mean:
(1)“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include 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. An accessory dwelling unit also includes thefollowing:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)“Accessory structure” means a structure that is accessory and incidental to a dwelling located

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 43 on the same lot.
(3)“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does notinclude a garage or any accessory structure. (5)“Local agency” means a city, county, or city and county, whether general law or chartered. (6)“Nonconforming zoning condition” means a physical improvement on a property that does not conform withcurrent zoning standards.
(7)“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.
(8)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets therequirements for permitting.
(9)“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 areavailable to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application ofthe California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, asspecified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with thisdivision.
(n)In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)The accessory dwelling unit was built before January 1, 2020. (2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operativeon January 1, 2025.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 44 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 AB 345 (Accessory Dwelling Units)
Effective January 1, 2022, Section 65852.26 is amended to read:
65852.26.
(a)Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(1)The property accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
(2)There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A)The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each that qualified buyer occupies. (B)A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy theproperty accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C)A requirement that the qualified buyer occupy the property accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(D)Affordability restrictions on the sale and conveyance of the property accessory dwelling unit or primary dwelling that ensure the property accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(E)If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviated the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 45 (iii) Procedures for dispute resolution among the parties before resorting to legal action. (4)A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5)Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utilityproviding service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b)For purposes of this section, the following definitions apply:
(1)“Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section50093 of the Health and Safety Code.
(2)“Qualified nonprofit corporation” means a nonprofit corporation 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 TaxationCode for properties intended to be sold to lowincome families who participate in a special no-interest loan program.

Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,underline/italics) (AB 3182 (Ting)):
4740.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her their separate interest.
(b)Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. (c)(b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes ofreassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (d)(c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e)(d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which acommon interest development adopts or amends its governing documents.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 46 (f)This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.

Effective January 1, 2021 of the Section 4741 was added to the Civil Code, to read:
4741.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b)A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less.
(d)For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest.
(e)For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner.
(f)A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governingdocuments to comply with this section.

However, a common interest development shall amend their governing documents to conform to the requirements of this section no later than December 31, 2021. (g)A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h)In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property.

Effective January 1, 2020, Section 65852.22 of the Government Code was amended to read:
65852.22.
(a)Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1)Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residenceswith a single-family residence built, or proposed to be built, on the lot. (2)Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 47 structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, landtrust, or housing organization. (3)Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permittingagency, and shall include both of the following:
(A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-familyresidence, including a statement that the deed restriction may be enforced against future purchasers.
(B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4)Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing single-family residence.
(5)Require a permitted junior accessory dwelling to include a separate entrance from the main entrance tothe proposed or existing single-family residence. (6)Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b)(1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c)An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted witha permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d)For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not beconsidered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city andcounty, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a singlefamily residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether thesingle-family residence includes a junior accessory dwelling unit or not. (e)For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessorydwelling unit shall not be considered a separate or new dwelling unit. (f)This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 48 that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g)If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1)“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2)“Local agency” means a city, county, or city and county, whether general law or chartered.

Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately followingSection 17980.11, to read:
17980.12.
(a)(1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standardpursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delayin enforcement pursuant to this subdivision:
(A)The accessory dwelling unit was built before January 1, 2020. (B)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2)The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3)The enforcement agency shall grant an application described in paragraph (2) if the enforcement determinesthat correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4)The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid forthe full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 49 CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5,
ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a)Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b)This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions ofSection 65852.2 or 65852.22 of the Government Code.

GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3,
ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code was added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).

Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Effective January 1, 2020, Section 50504.5 was added to the Health and Safety Code, to read (AB 671(Friedman)):
50504.5.
(a)The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-incomehouseholds. (b)The list shall be posted on the department’s internet website by December 31, 2020. (c)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) ofsubdivision (i) of Section 65852.2 of the Government Code.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 50 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 & TITLE 7, DIVISION 2, CHAPTER 1, ARTICLE 1
SB 9 Housing development: approvals
Effective January 1, 2022, Section 65852.21 was added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 — 3 — Ch. 162 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 51 (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 — no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 52 Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 53 (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-ofway. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 54 (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 55 Attachment 2: ADU Resources
ACCESSORY DWELLING UNITS: CASE STUDY
By the United States Department of Housing and Urban Development, Office of Policy Development andResearch. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detachedfrom the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.

ADU UPDATE: EARLY LESSONS AND IMPACTS OF CALIFORNIA’S STATE AND LOCAL

POLICY CHANGES
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.

In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single- family homes that have an ADU could contribute meaningfully to California’s housing shortage.

ACCESSORY DWELLING UNITS AS LOW-INCOME HOUSING: CALIFORNIA’ FAUSTIAN

BARGAIN
By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 56 In 2003, California allowed cities to count accessory dwelling units (ADU) towards lowincome housing needs. Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then the city may be unable to enforce lowincome occupancy. After examining a stratified random sample of 57 low-, moderate-, and high-income cities, the high-income cities must proportionately accommodate more lowincome needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low- income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though 759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’ zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU production, whereas a city’s density and prior compliance with state housing laws maintained negative associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively associated with ADU production, but ADUs as low-income housing remained a paper calculation.

IMPLEMENTING THE BACKYARD REVOLUTION: PERSPECTIVES OF CALIFORNIA’S ADU OWNERS (2022)
By Karen Chapple, Dori Ganetsos, and Emmanuel Lopez (2022) UC Berkeley Center for Community Innovation
The report presents the findings from the first-ever statewide ADU owner survey in California.

JUMPSTARTING THE MARKET FOR ACCESSORY DWELLING UNITS: LESSONS

LEARNED FROM PORTLAND, SEATTLE AND VANCOUVER
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized. The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing crisis in each city, ADUs have begun blossoming.

THE MACRO VIEW ON MICRO UNITS
By Bill Whitlow, et al. – Urban Land Institute
(2014)Library Call #: H43 4.21 M33 2014

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 57 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.

REACHING CALIFORNIA’S ADU POTENTIAL: PROGRESS TO DATE AND THE NEED FOR

ADU FINANCE
Karen Chapple, et al. – Terner Center (2020)
To build upon the early success of ADU legislation, the study argues that more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash saving and cannot leverage home equity. The study recommends that the federal government create ADU-specific construction lending programs. In addition, California could lead this effort by creating a program to assist homeowners in qualifying for ADU construction loans.

RETHINKING PRIVATE ACCESSORY DWELLINGS
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.

One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of accessory dwellings, which often were created in or near primary houses.

Detached single-family dwelling zones— the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-lawsuites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic apartments, laneway houses, multigenerational homes, or home-within-a-home.

REGULATION ADUS IN CALIFORNIA: LOCAL APPROACHES & OUTCOMES By Deidra Pfeiffer (May 16, 2019)
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems, including housing affordability and challenges associated with aging in place. However, we know little about whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting— contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place. Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach in disadvantaged communities of color, 2)

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 58 a moderately restrictive approach in highly advantaged, predominately White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged communities. Communities with adopted ordinances and less restrictive regulations receive more frequent applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging inplace. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to helpalign formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to manage local housing problems.

SECONDARY UNITS AND URBAN INFILL: A LITERATURE REVIEW
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: Second Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling Solar Renewable Energy System
for the City of Arvin Wastewater Treatment Plant
Net Energy Metering Version 2.0 Program
California Energy Commission (CEC) Energy
Conservation Assistance Act (ECAA) 1% Loan
Program
Inflation Reduction Act (IRA)
Federal Tax Credit / Grant
Prepared by: John J. Burdette III, CEM, CDSM, LEED AP
Veolia North America
Facilities, Buildings and Service
10/24/2023

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 2 John J. Burdette III, CEM, CDSM, LEED AP
Senior Business Development Manager
Sustainable Industries & Buildings (SIB)
Enovity, a Veolia Company
Mobile: (530) 368-7886
Email: [email protected]

INTRODUCTIONS
Mirna Romero
Senior Project Manager
Sustainable Industries & Buildings (SIB)
Enovity, a Veolia Company
Mobile: (916) 712-6665
Email: [email protected]

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Vision Statement
• Veolia’s vision for the City of Arvin’s wastewater treatment plant is to reduce electricity costs through solar renewable energy generation. • The proposed system will also reduce air pollution and lower the cities carbon footprint which will aid in meeting the Climate Action Plan requirements set forth in AB32 for cities, counties and special districts here in the State of California.
• The proposed system will also fix the cost of electricity over the next 30+ years, hedging against the high utility escalation experienced over the last 50 years and forecasted due to undergrounding of PG&E transmission lines and the adoption of EV Vehicles in the State of California.

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Goal Alignment – City of Arvin General Plan

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 5 https://beta.bls.gov/dataViewer/view/timeseries/APUS49B72610

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC Decision
Net Energy Metering (NEM 2.0)
• Reducing the economic value of going solar 50-75%
from what it is today.
• Consumers get some of the best net metering
benefits across the country under NEM 2.0
• These benefits will come to an end with the
implementation of California’s NEM 3.0

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC will grandfather older systems in and continue
to uphold the original agreements. This means going
solar now would most likely allow you to lock in the
net metering 2.0 benefits for 20 years.

Veolia has completed all project development,
engineering and interconnection applications with
PG&E and has received acknowledgment that
application has been received before sunset date
CPUC Decision
Net Energy Metering (NEM 2.0)

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 8 VEOLIA’S PROVEN (FBS) PROGRAM PROCESS
Data
Collection,
Site Walks
and
Interviews
Discovery
Meeting
Preliminary
Analysis
Findings
Presentation
Program
Verification
&
Development
Agreement
Final
Program
Development
Contract &
Implementation
• Introduce FBS
Program
• Identify
Challenges/ Trends
• Identify Goals &
Objectives
• Action Plan
• Collect facility
information and
square footages of
your facilities.
• Collect and analyze
your utility cost and
consumption data.
• Identify any existing
technical issues or
deferred
maintenance scope
items..
• Select Scope of
Work Measures to
include in the
program
development
process
• Estimated Savings
• Estimated
Implementation
Costs
• Estimated
Greenhouse Gas
Emission
Reductions
• Verify Detailed
Scope of Work
• Funding Solution
• Identify and Apply
for Rebates,
Grants and
Incentives
• Confirm Schedule
• Review Financial
Performance
• Draft Program
Contract Review
• Finalize Funding
Solutions
• Post Two Week
Notice for CA
Government Code
4217 Compliance
• Public Hearing &
Resolution During
Regularly
Scheduled Board
Meeting
• Present Final
Guaranteed Costs
& Savings
• Board Resolution
• Execute Contract
• Implementation
• Measurement &
Verification (M&V)
• Energy Management
Services
• Hubgrade

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location
● Solar Renewable Energy Generation to be
installed on fixed tilt, ground mounted racking
systems around perimeter of the WWTP. Fixed
tilt offers lower maintenance costs and are more
reliable as there are no moving parts.
● Provides shorter wiring run to point of utility
interconnection, resulting in less line losses for
a more efficient and lower cost installation.
● Located in a fenced and secured area on City
Owned property.
● Less complex contract arrangement as no
easements or land leases required going across
others property.

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Program

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 11

FUNDING SOLUTIONS
Leveraging Available Funding & Tax Incentives
California Energy Commission (CEC) Energy
Conservation Assistance Act (ECAA) One Percent
(1.0%) Interest Loan Program
Veolia has completed the required feasibility study and all application forms and has submitted application to secure $3,000,000.00 through this program subsidized by the State of California.

Inflation Reduction Act (IRA) 30%-40% Investment Tax
Credit/Grant Direct Payment to Municipalities
Veolia assist the City of Arvin to apply for and secure the direct payment from the US Treasury. We may be able to
get an additional 10% as a bonus for “Disadvantaged
Community”, however, the WWTP is located just outside of the area on the map, however, we are going to apply for it.

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 12

FINANCIAL PERFORMANCE
PPA versus CEC ECAA Loan
• Provides Return on Investment (ROI) = 317%-900%+
• Secures Federal Direct Payment from US Treasury
Will pay for 30-40% of eligible project costs.
• Financing at (1.0%) interest which is the lowest financed cost to the City of Arvin or any entity in this high interest rate environment.
• Veolia proposes to deduct the electricity costs out of O&M contract for the WWTP, and City of Arvin to realize $230,000 in today’s dollars of guaranteed energy
savings. Will be CPI adjusted higher when solar system
goes online.

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 13 Veolia’s Recommendation
Avoided Capital Expenditures to be included in the project Upgrade main electrical service from 800 amps to 2000 amps.

This is required for future plant modifications.

Relocate and upsize the “Centrate Line”
which is also required.

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 14

ENVIRONMENTAL BENEFITS
Carbon Reduction & Climate Action Planning Goals per AB32

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Hubgrade
Advanced Intelligence coupled with Human Experience

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities City of Arvin Sustainability Journey
• Introduction to Veolia’s Facility & Building Services (FBS) Program 11/17/2022 • Utility and Site Data Collection 12/21/2022
• Preliminary Site Walks 12/21/2022
• Preliminary Utility Data Analysis 01/12/2023
• Presentation of the Preliminary Analysis and ECM Selection 01/24/2023 • City Council to Provides Direction to move forward w/ Engineering & Interconnection Applications 03/06/2023 • PG&E Interconnection Applications have been uploaded and submitted 04/14/2023 • City Council Meeting to take Action to direct Veolia to proceed with PPA or the CEC ECAA Loan 04/25/2023 • Master Services Agreement (MSA) contract negotiations with City Manager & City Attorney 08/03/2023 • City of Arvin to Post Two Week Public Notice as required by CA Gov’t Code 4217 08/08/2023 • City Council Public Hearing Moved to Continue Decision to 10/24/2023 08/22/2023 • Worked with Consultant Project Development Solutions (PDS) to identify cost reduction 10/13/2023 • Provided proposed revisions to WWTP O&M Contract as well as Solar O&M Contract per City Attorney 10/13/2023 • City Council Meeting – Public Hearing and Resolution Vote to move forward with project implementation 10/24/2023

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Veolia’s Brings Value!
• Leverage of Tax Incentives and Grant Funding: Veolia aids the client in identifying and applying for grants, rebates and incentives.
• Upgrade to Energy Efficient Equipment: Upgrade today and pay for it with future energy savings. No need for capital funds or additional funding, just re-directs funds already in the budget for utilities and O&M to these smart investments. • Perform Capital Improvements: Capital Budget Avoidance • Decrease Operating Costs (Utility and O&M): Veolia helps stabilize budgets from volatility in the energy marketplace and once the debt service is paid in full, all subsequent energy cost savings are realized, and operating budgets are permanently lowered.
• Hedge Against Historical High Utility Escalation Rates: PG&E has high electric escalation rates as illustrated by the data over the last 40 years. Veolia will help hedge against these inflationary pressures. • Resolve Deferred Maintenance Items: Some clients do not have the capital or operating budgets to perform required equipment and system maintenance. (e.g. chillers, boilers, cooling towers, controls, electrical upgrades, air handlers, pumps, valves, etc.) Veolia can integrate these services in the long-term O&M contract. • Create Long Term and Sustainable Energy Efficient Systems: Hubgrade energy & carbon footprint reduction dashboards.

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Veolia Brings Value!
• Guaranteed Performance: Veolia’s typically install systems and equipment that it guarantees will generate savings for the payback period of the loan. If a piece of equipment fails during the payback period of the project, Veolia is responsible for replacing it.
• Responsibility: Veolia is obligated to pay in the event of an energy savings shortfall and must guarantee the energy savings. If actual savings are lower than guaranteed, Veolia reimburses the owner for the shortfall. • Measurement & Verification: Annul energy savings verification is conducted per the International Performance Measurement & Verification Protocol (IPMVP), an industry standard to prove the savings is being achieved. • Accountability: Veolia serves as the single point of accountability. No finger pointing between consultants, subcontractors and equipment manufactures / vendors.
• Financing Solutions: Veolia assists the Owner in identifying rebate, incentives, and low interest financing options that are available.
• Cost Certainty: Project cost is guaranteed. No change orders.

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar Questions?

5.B.1
Attachment: Veolia FBS Program - The City of Arvin Solar

Page 1 of 4 ends

Arvin City CouncilOctober 24, 2023

Arvin City Council
October 24, 2023