Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, November 15, 2022 - 6:00 PM
Calistoga Community Center
1307 Washington Street, Calistoga, CA 94515
Hybrid
* COVID-19 NOTICE *
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.
THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.
City Councilmembers and staff essential to this meeting will be present at the meeting or may teleconference into the meeting.
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered as shown below:
1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201
3. Watch or participate online via Zoom - click this link and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga
5. Attend In-Person
COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. In Person: Fill out a Speaker Card and provide to the City Clerk before the meeting begins. Virtual (Zoom): click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at: https://support.zoom.us/hc/en-us/articles/205566129-Raise-HandIn-Webinar.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or Specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. To ensure the City Council receives your written comments prior to taking action, they must be received by 2:00 p.m. on the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the 2:00 p.m. deadline will be provided to the City Council and included with Supplemental materials after the meeting. No written comments will be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.
Page
1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
2. REPORT FROM CLOSED SESSIONS
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.
Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
4. ADOPTION OF MEETING AGENDA
5. CITY MANAGER’S REPORT
6. PROCLAMATIONS/PRESENTATIONS/ AWARDS
6.1. Updating the City Council on the Capital Improvement Program Schedule Tracking for FY22/23.
Recommended Action: No action by the City Council necessary, just receive the presentation.
Staff Report - Capital Improvement Program Update (CIP) - Pdf Supplemental: Updated CIP Schedule Tracking
5 - 21
6.2. Presentation from Arti Davé (Energy Policy and Procurement, Pacific Gas and Electric Company) regarding the proposed Clean Substation Microgrid Pilot in Calistoga
PG&E Presentation Calistoga City Council
Updated PG&E Presentation City Council 11.15.2022
22 - 33
7. CONSENT CALENDAR
7.1. Approve the Minutes of the June 13, 2022, City Council Special Meeting as submitted.
Recommended Action: Approve Minutes
Staff Report & Minutes
34 - 36
7.2. Consider adopting a Resolution Accepting a Notice of Completion for the Fence at Lower Washington Project.
Recommended Action: Consider adopting Resolution.
Staff Report - Notice of Completion for the Fence at Lower Washington Project - Pdf
37 - 42
7.3. Consider adopting a Resolution that:
1. Authorizes the City Manager to execute a purchase order with FCB Construction, Inc., to complete construction of a water leak repair on Hwy 128/Foothill Blvd in an amount not to exceed $68,000.
2. Approves the Project construction budget in the amount of the base bid of $59,428, and a 14% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve 43 - 47
contract change orders up to the approved construction budget amount of $68,000.
Recommended Action: Consider adopting Resolution.
Staff Report - Authorize a Purchase Order for FCB Construction, Inc., to complete construction of a water leak repair on Hwy 128/Foothill Blvd - Pdf
7.4. Consider adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with Fehr & Peers to prepare an updated Transportation Impact Analysis for the Yellow Rose Ranch project as part of the CEQA analysis - Environmental Impact Report.
Recommended Action: Adopt the attached Resolution.
Staff Report - Consultant Services Agreement Yellow Rose Ranch – CEQA Traffic Impact Analysis - Pdf
48 - 66
7.5. Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.
Recommended Action: Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.
Staff Report - Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361) - Pdf 67 - 72
8. PUBLIC HEARING
8.1. Hold a Public Hearing on the recommended Final 2023-2031 Housing Element.
Recommended Action: Hold a public hearing, make final decisions, and direct Staff to submit the Final 2023-2031 HE to the California Department of Housing and Community Development (“HCD”).
Staff Report - Recommended Final 2023-2031 Housing Element - Pdf
8.1 - Public Comment - Redacted
Supplemental: Draft 2023 - 2031 Housing Element Presentation
11.15.2022
73 - 189
8.2. Consideration of an Ordinance repealing certain chapters of Calistoga Municipal Code Title 15, Building Standards Codes, and adopting the 2022 California Building Standards Code, Title 24, with local amendments, and the 2021 International Property Maintenance Code and 2021 International Pool and Spa Code.
Recommended Action: Introduce the Ordinance and waive its first reading.
Staff Report - 2022 California Building Standards Code Adoption - Pdf 190 - 296
9. GENERAL GOVERNMENT
9.1. Consider adopting the Resolution Approving the First Amendment to Employment Agreement between City of Calistoga and Laura Snideman.
Recommended Action: Consider adopting the Resolution.
Staff Report - Consideration of a Resolution Approving the First Amendment to Employment Agreement between City of Calistoga and Laura Snideman - Pdf
297 - 303
10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
11. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s website.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on November 9, 2022, by 4:30 p.m.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Nov 15 2022
Subject: Capital Improvement Program Update (CIP)
DESCRIPTION:
Updating the City Council on the Capital Improvement Program Schedule Tracking for FY22/23.
RECOMMENDATION:
No action by the City Council necessary, just receive the presentation.
BACKGROUND/SUMMARY:
Staff has prepared an update to the CIP schedule (see enclosed) and uploaded it onto the City Website. The intent is to inform the Council and public of the status of each project and show the CIP being accomplished.
CEQA STATUS:
That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
ATTACHMENT(S):
1. PowerPoint Presentation
APPROVAL(S):
Laura Snideman, City Manager Approved - Nov 04 2022
Marni Rittburg, City Clerk Approved - Nov 07 2022
Item #6.1.
1 FY22/23 Capital Improvement
Program Quarterly Update
City Council Meeting
Tuesday, November 15, 2022
ATTACHMENT 1
Item #6.1.
2 Website Update for CIP
FY 22/23 Schedule & 10-yr Outlook
https://www.ci.calistoga.ca.us/city-hall/departments-services/public-works-department/capital-projects Item #6.1.
3 FY22/23 CIP Schedule Tracking
Item #6.1.
4 Long Range CIP
Streets/Bike/Pedestrian - 10-Year CIP
Item #6.1.
5 Long Range CIP
Buildings & Parks/Rec - 10-Year CIP
Item #6.1.
6 Long Range CIP
Water - 10-Year CIP
Item #6.1.
7 Long Range CIP
Wastewater - 10-Year CIP
Item #6.1.
8 Thank You
City Council
Item #6.1.
1 FY22/23 Capital Improvement
Program Quarterly Update
City Council Meeting
Tuesday, November 15, 2022
Item #6.1.
2 Website Update for CIP
FY 22/23 Schedule & 10-yr Outlook
https://www.ci.calistoga.ca.us/city-hall/departments-services/public-works-department/capital-projects Item #6.1.
3 FY22/23 CIP Schedule Tracking
Item #6.1.
4 Long Range CIP
Streets/Bike/Pedestrian - 10-Year CIP
Item #6.1.
5 Long Range CIP
Buildings & Parks/Rec - 10-Year CIP
Item #6.1.
6 Long Range CIP
Water - 10-Year CIP
Item #6.1.
7 Long Range CIP
Wastewater - 10-Year CIP
Item #6.1.
8 Thank You
City Council
Item #6.1.
Clean Substation Microgrid Pilot at
Calistoga
November 15, 2022
Item #6.2.
Public 2
Overview of Clean Substation Microgrid Pilot
• Pursuant to CPUC Decision (D.) 21-01-018 issued on January 21, 2021, and Resolution E-5164 issued on September 9, 2021, PG&E issued the Clean Substation Microgrid Pilot RFO on November 30, 2021 • PG&E will procure services from third-party owned projects for Public Safety Power Shutoff (PSPS) events
• Procurement target is 8.5 MW for the Calistoga Substation safe-toenergize area for 10 years • Scheduled to be fully operational by June 1, 2024
Item #6.2.
Public 3
Map of Safe-to-Energize Area
Item #6.2.
Public 4
Overview of Solution
• Microgrid generation features a battery and hydrogen fuel cell • Generation to be located south of the City stockpile (by the dog park / existing PIH)
• Stand alone technologies are mature
• A third party conducted a project specific safety study • Results shared with local Calistoga officials (Fire, Police, and City representatives)
Item #6.2.
Appendix
Item #6.2.
Public 6
Location of CSM
Item #6.2.
Clean Substation Microgrid Pilot at
Calistoga
November 15, 2022
Revised 11/15/2022
Item #6.2.
Public 2
Overview of Clean Substation Microgrid Pilot
• Pursuant to CPUC Decision (D.) 21-01-018 issued on January 21, 2021, and Resolution E-5164 issued on September 9, 2021, PG&E issued the Clean Substation Microgrid Pilot RFO on November 30, 2021. • PG&E will procure Distributed Generation Enabled Microgrid Services third-party owned projects for Public Safety Power Shutoff (PSPS) events.
• Procurement target is 8.5 MW for the Calistoga Substation safe-toenergize area for 10 years. • The project will be fully operational by June 1, 2024 Item #6.2.
Public 3
Map of Safe-to-Energize Area
Item #6.2.
Public 4
Overview of Solution
• Microgrid is a battery and hydrogen fuel cell solution • Microgrid be located south of the City stockpile (by the dog park / existing PIH)
• Stand alone technologies are mature
• A third party conducted a Safety Study
• Results shared with local Calistoga officials (Fire, Police, and City representatives)
Item #6.2.
Appendix
Item #6.2.
Public 6
Location of CSM
Item #6.2.
CITY OF CALISTOGA
STAFF
REPORT
TO:
FROM:
DATE:
Honorable Mayor and City Council
Marni Rittburg, City Clerk
November 15, 2022
SUBJECT: Approving Minutes of the June 13, 2022, Special City Council Meeting Approved by:
Laura Snideman, City Manager
DESCRIPTION:
Consider approving the Minutes of the June 13, 2022, Special City Council Meeting.
RECOMMENDATION:
Approve the minutes as submitted.
ATTACHMENTS:
June 13, 2022, Special City Council Meeting Minutes
Item #7.1.
DRAFT MINUTES
CALISTOGA CITY COUNCIL
SPECIAL MEETING
BUDGET WORKSHOP
Monday, June 13, 2022 - 4:00 PM
Virtual Meeting
1. CALL TO ORDER - ROLL CALL
Mayor Canning called the special meeting to order at 4:02 p.m.
Present:
Absent:
Councilmembers Lisa Gift, Gary Kraus, and Donald Williams, and Mayor Chris Canning
Vice Mayor lrais Lopez-Ortega
2. PUBLIC COMMENT AT SPECIAL MEETING
Public comment on non-agenda items is not part of a special meeting. Mayor Canning called for Public Comments during the General Government item.
3. ADOPTION OF MEETING AGENDA
Motion by Councilmember Kraus and seconded by Councilmember Gift and passed by the following roll call vote to adopt the meeting agenda as presented:
A YES: Councilmembers Gift, Kraus and Williams and Mayor Canning NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Lopez- Ortega
4. GENERAL GOVERNMENT
4.1. Review and discuss the proposed Fiscal Year 2022-23 Budget Recommended Action: Discuss and provide direction to staff.
City Manager Laura Snideman discussed the purpose of the scheduled study session and reviewed the agenda. The priorities for today's session are to answer questions from the City Council on the proposed FY 2022-23 Budget and to seek Council direction on any modifications.
City Manager Laura Snideman and Administrative Services Director Gloria Leon answered questions from the City Council. Department Directors also answered questions from the City Council. Council and staff discussion ensued.
Administrative Services Director Gloria Leon will take the next steps to deliver a draft Fiscal Year 2022-23 Budget based on the direction and suggestions provided by the City Council.
Public comment was not received. The City Council will consider adoption of the Fiscal Year 2022-23 Budget at the next regular City Council meeting of June 21, 2022.
Item #7.1.
Calistoga City Council Special Budget Workshop Minutes
June 13, 2022
To view the video of the meeting, please visit the City's YouTube channel at https://www.youtube.com/watch?v=ICzMAakeauc or visit the City's Website at:
https://www. ci. calistoga.ca. us/Home/Components/Calendar/Event/4817 /702?curm=6&cury=2022
5. ADJOURNMENT
Mayor Canning adjourned the meeting at 5:37 p.m.
Respectfully Submitted
Prepared by:
Marni Rittburg, City Clerk
Approved by:
Chris Canning, Mayor
I Approved:
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Nov 15 2022
Subject: Notice of Completion for the Fence at Lower Washington Project DESCRIPTION:
Consider adopting a Resolution Accepting a Notice of Completion for the Fence at Lower Washington Project.
RECOMMENDATION:
Consider adopting Resolution.
BACKGROUND/SUMMARY:
On August 16, 2022, the City Council approved a construction budget in an amount not to exceed $75,000 and awarded a contract in the amount of $65,000 to Able Fence Company, Inc. for construction of the Fence at Lower Washington Project, adjacent to the Vine Trail. Fence installation began at the end of August was substantially completed on September 30, 2022, in conformance with approved plans and specifications.
Staff recommends that the project constructed by Able Fence Company, Inc., be accepted as complete, and the Council adopt the Resolution.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project conforms to Council Goal 3, objective 2 -” …maintaining high level of service and reliability of facilities”.
CEQA STATUS:
The installation of security fencing and gates for public facilities is exempt from CEQA.
FINANCIAL IMPACT:
The Project is included in the FY 2022/23 Fence Bike Path at Lower Yard CIP Budget, Account No. 01-5643-4915. The total budget authorized was $75,000 and the total project costs were $59,750, and about 20% under budget.
ATTACHMENT(S):
1. Draft Resolution
2. Notice of Completion
APPROVAL(S):
Item #7.2.
Laura Snideman, City Manager Approved - Nov 04 2022
Marni Rittburg, City Clerk Approved - Nov 07 2022
Item #7.2.
ATTACHMENT 1
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA ACCEPTING AS COMPLETE THE FENCE AT
LOWER WASHINGTON PROJECT, CONSTRUCTED BY ABLE FENCE COMPANY, INC. AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF
COMPLETION
WHEREAS, the City of Calistoga entered into a contract on August 16, 2022, with Able Fence Company Inc., for the Fence at Lower Washington Project.; and WHEREAS, Able Fence Company, Inc. has completed the work required on September 30, 2022, to the satisfaction of the City Engineer; and WHEREAS, the City Council now desires to accept the Project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Accepts as complete the work for the Fence at Lower Washington Project constructed by Able Fence Company, Inc.
2. Authorizes the Public Works Director to file a Notice of Completion with the Napa County Recorder and process final payment in accordance with the Contract documents.
PASSED, APPROVED AND ADOPTED this 15th day of November, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ____________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.2.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: Public Works Department
Exempt From Recording Fees
Section 27383 Gov't. Code
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is the owner of the interest or estate stated below in the property described below.
2. The name of the undersigned is City of Calistoga.
3. The address of the undersigned is:
1232 Washington Street
Calistoga, CA 94515
4. The nature of interest or estate of the undersigned is fee ownership, as well as ownership of the certain improvements located thereon.
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of work of improvement herein referred to are: None
7. A work of improvement on the property hereinafter described was completed on September 30, 2022.
8. The name of the original contractor, if any, for the work of improvement was Able Fence Company, Inc.
9. The kind of work done or material furnished was Fence at Lower Washington Project.
10. The property on which the work of improvement was completed is in the City of Calistoga, County of Napa, State of California, and is described as follows:
APN 011-260-003
(Attached for Reference – Figure 1)
Calistoga, CA 94515
City of Calistoga, Owner
Dated: Signed:
Derek Rayner, Public Works Director
ATTACHMENT 2 Item #7.2.
VERIFICATION
I, the undersigned, say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under the penalty of perjury that the above is true and correct Executed at Calistoga, California, this 15th day of November 2022.
City of Calistoga
Derek Rayner, Public Works Director
Item #7.2.
Item #7.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Nov 15 2022
Subject: Authorize a Purchase Order for FCB Construction, Inc., to complete construction of a water leak repair on Hwy 128/Foothill Blvd DESCRIPTION:
Consider adopting a Resolution that: 1.Authorizes the City Manager to execute a purchase order with FCB Construction, Inc., to complete construction of a water leak repair on Hwy 128/Foothill Blvd in an amount not to exceed $68,000. 2. Approves the Project construction budget in the amount of the base bid of $59,428, and a 14% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $68,000.
RECOMMENDATION:
Consider adopting Resolution.
BACKGROUND/SUMMARY:
The city has a 1-inch waterline leaking under Hwy 128 at 2960 Foothill Blvd. The initial report of a leak was in August. The water evaporated and did not reappear for another couple of weeks. Even though the leak is not catastrophic, it has become more pronounced. It is important that the leak be repaired prior to it becoming a more significant problem for the distribution system. The existing 1-inch line will be abandoned, and a full-circle-clamp installed on the main while a new line is tapped and extended about 60-feet with new polyethylene pipe and re-connected to the existing meter.
Since this work is on the highway it will require a lane closure. Night work is required to minimize impacts to the public with traffic delays and congestion and provide a safer work area for the contractor. The city will work under the emergency permit we have with Caltrans to complete the repair. The work is scheduled to take about three nights to complete barring any unforeseen conditions.
Staff obtained a total of three bids from FCB Construction, Inc., Diamond D Construction, LLC, and Granite Construction Company. Bids ranged from $59,428 to $99,300 with the lowest bid from FCB Construction, Inc.
CEQA STATUS:
Repair of an existing water line is exempt from CEQA.
FINANCIAL IMPACT:
The Project is included in the FY 2022/23 Replace Water Mains CIP Budget, Account No. 12-5490- 4915. The total amount available is $650,000 and the total project cost of $68,000 is within budget.
Item #7.3.
ATTACHMENT(S):
1. Draft Resolution
2. Bid Proposal - FCB Construction, Inc.
APPROVAL(S):
Laura Snideman, City Manager Approved - Nov 04 2022
Marni Rittburg, City Clerk Approved - Nov 07 2022
Item #7.3.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH FCB CONSTRUCTION, INC. TO
COMPLETE CONSTRUCTION OF A WATER LEAK REPAIR ON HWY
128/FOOTHILL BLVD NOT TO EXCEED $68,000
WHEREAS, the city has a 1-inch waterline leaking under Hwy 128 at 2960 Foothill Blvd.; and
WHEREAS, even though the leak is not catastrophic, it has become more pronounced. It is important that the leak be repaired prior to it becoming a more significant problem for the distribution system; and
WHEREAS, the existing 1-inch line will be abandoned, and a full-circle-clamp installed on the main while a new line is tapped and extended about 60-feet with new polyethylene pipe and re-connected to the existing meter; and WHEREAS, since this work is on the highway it will require a lane closure. Night work is required to minimize impacts to the public with traffic delays and congestion and provide a safer work area for the contractor; and
WHEREAS, the city will work under the emergency permit we have with Caltrans to complete the repair and the work is scheduled to take two nights to complete barring any unforeseen conditions; and
WHEREAS, staff obtained a total of three bids from FCB Construction, Inc., Diamond D Construction, LLC, and Granite Construction Company. Bids ranged from $59,428 to $99,300 with the lowest bid from FCB Construction, Inc.; and WHEREAS, the waterline repair is exempt from CEQA; and
WHEREAS, the Project is included in the FY 2022/23 Replace Water Mains CIP Budget, Account No. 12-5490-4915. The total amount available is $650,000 and the total project cost of $68,000 is within budget; and
WHEREAS, Council approves the Project construction budget in the amount of the base bid of $59,428, and a 14% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $68,000.
ATTACHMENT 1
Item #7.3.
Resolution No. 2022-XXX
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the City Manager to execute a purchase order with FCB Construction, Inc., to complete construction of a water leak repair on Hwy 128/Foothill Blvd in an amount not to exceed $68,000.
2. Approves the Project construction budget in the amount of the base bid of $59,428, and a 14% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $68,000.
PASSED, APPROVED AND ADOPTED this 15
th day of November, 2022. I,
MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.3.
ATTACHMENT 2Item #7.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Nov 15 2022
Subject: Consultant Services Agreement Yellow Rose Ranch – CEQA Traffic Impact Analysis
DESCRIPTION:
Consider adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with Fehr & Peers to prepare an updated Transportation Impact Analysis for the Yellow Rose Ranch project as part of the CEQA analysis - Environmental Impact Report.
RECOMMENDATION:
Adopt the attached Resolution.
BACKGROUND/SUMMARY:
Fehr & Peers has been selected to provide an updated Transportation Impact Analysis report for the Yellow Rose Ranch project, which was previously completed in April 2021. The need for the updated analysis is based on (1) a need for reviewing and updating parts of the previously completed report, (2) to confirm the volumes estimated from multimodal counts that were taken in late 2018, (3) changes that have been made to the roadway network, and (4) a new near-term background project list that reflects project completion or other projects moving forward in the entitlements process.
Though the project description for Yellow Rose Ranch has not changed significantly since the previous analysis, the Scope of Work (Exhibit A of Attachment 2) is necessary to ensure accurate data modeling considering changes such as:
• Intersection Counts. The intersections where the check counts will be conducted include:
Tubbs Lane/Foothill Boulevard (SR 128); Petrified Forest Road-Cedar Street/Foothill Boulevard (SR 128); Berry Street/Foothill Boulevard (SR 128); Lincoln Avenue (SR 29)-Kortum Canyon Road/Foothill Boulevard (SR 29-SR 128).
• Signal Analysis. Consideration of the new signal at the intersection of Petrified Forest RoadCedar Street/Foothill Boulevard (SR 128). • Land Use & Transportation. Updating the report to incorporate changes in the background land use and transportation system since the report was last finalized. • VMT. An update to the Vehicle Miles Travelled analysis as land uses surrounding the site have changed and a new CEQA baseline has been defined.
• Public comment response. Respond to comments on the Administrative Draft TIA report.
CEQA STATUS:
The traffic analysis is required to support an Environmental Impact Report conducted for the proposed project.
Item #7.4.
FINANCIAL IMPACT:
Compensation shall be $54,410 (Exhibit B of Attachment 2) will be paid for by the developer through an existing Developer Deposit Account.
ATTACHMENT(S):
ATTCH 1 EIR Yellow Rose Ranch Resolution (1)
ATTCH 2 - CSA - F&P
EXH A of ATTCH 2 Work Scope
EXH B, ATTCH 2 Compensation
APPROVAL(S):
Laura Snideman, City Manager Approved - Nov 04 2022
Marni Rittburg, City Clerk Approved - Nov 07 2022
Item #7.4.
ATTACHMENT 1
RESOLUTION NO. 2022-XXX
Authorizing Consultant Services Agreement No. XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTANT SERVICES
AGREEMENT WITH FEHR & PEERS TO PREPARE AN UPDATED
TRANSPORTATION IMPACT ANALYSIS FOR THE YELLOW ROSE RANCH
PROJECT AS PART OF THE CEQA ANALYSIS
WHEREAS, the City of Calistoga, Planning and Building Department recently received a Vesting Tentative Map application on January 19, 2021, to develop 46 singlefamily homes on an approximately 46.3-acre site located at 2650 Foothill Blvd (SR 29/128); WHEREAS, On February 25, 2021, the Interim City Manager executed a Consultant Contract with FirstCarbon Solutions to prepare an Environmental Impact Report (EIR) for the Yellow Rose Ranch Project; and
WHEREAS, City desires third-party review of traffic analysis services to support the EIR in connection with Yellow Rose Ranch Project (VTM 2020-2); and WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in Exhibit A of Consultant Services Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Exhibit A of Consultant Services Agreement; and WHEREAS, the Applicant, True Life Companies shall be responsible for fee reimbursement not to exceed $54,410 as conveyed in Exhibit B of Consultant Services Agreement; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga that the City Manager is hereby authorized to execute a Consulting Services Agreement between Fehr & Peers and the City of Calistoga for the services; and BE IT FURTHER RESOLVED that all terms, conditions, and covenants of said Agreement be, and the same are, hereby approved, ratified, and confirmed.
PASSED, APPROVED AND ADOPTED this 15TH day of November 2022. I,
MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
______________________________ ______________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.4.
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OAK #4890-2776-3737v1 (Rev. 9/2021)
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this ___ day of __________, 2022, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Fehr & Peers (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires engineering services in connection with the Yellow Rose Ranch Project;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence. However, notwithstanding the foregoing, CONSULTANT shall perform its Scope of Work as expeditiously as is consistent with the professional standard of care as defined in Section 1.4 below and the orderly progress of the project.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner in accordance with the professional standard of care as defined below. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and in the same or similar circumstances to that of CONSULTANT under this Agreement, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or Item #7.4.
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means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CONSULTANT, and made available to CITY upon request without restriction or limitations on their use. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT. However, notwithstanding the foregoing, CONSULTANT shall not be responsible or liable for any alterations, modifications, or additions made to the Documents by CITY or any reuse of the Documents by CITY or any other party for this project or any other project without the consent of CONSULTANT. CITY shall defend, indemnify, and hold CONSULTANT harmless against any claims, damages, or losses arising out of the reuse or distribution of the Documents without the consent of CONSULTANT and arising out of alterations, modifications, or additions to the Documents made by anyone other than CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by Item #7.4.
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CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $54,410 ("Cost Ceiling"). Compensation for the Services shall not exceed the Cost Ceiling without prior written approval of the City.
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form reasonably satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as reasonably necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed in accordance with this Agreement, delays in CONSULTANT's performance of Services other than delays that are due to circumstances beyond CONSULTANT’s reasonable control, or other defaults hereunder.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 2023.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed and costs incurred by CONSULTANT up to the time of such termination, it Item #7.4.
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being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Jeff Mitchem, its Planning and Building Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Ashlee Takushi as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to CONSULTANT’s negligent performance of the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Claims only to the extent such Claims arise out of, pertain to, or relate to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall Item #7.4.
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be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement to the extent of the policy; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agents in connection with this Agreement, at a minimum amount of $1,000,000 per claim and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Sexual Abuse or Molestation (“SAM”) Liability. If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
Item #7.4.
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F. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); • Excepting CONSULTANT’S professional liability insurance and workers’ compensation insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and
• Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
G. Waiver of Subrogation. CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.
H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, Item #7.4.
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may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Fehr & Peers
100 Pringle Avenue, Suite 600
Walnut Creek, CA 94596
Phone: (925) 977-3200
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. If applicable to CONSULTANT’s Services for CITY, CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code.
Form 700 forms are available from the CITY Clerk.
Item #7.4.
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CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any reasonably necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
Item #7.4.
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7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. [Signatures on Next Page]
Item #7.4.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date:
Laura Snideman, City Manager
CONSULTANT – Fehr & Peers
By: Date:
Bob Grandy, Principal in Charge
Attest
By:
Marni Rittburg, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Item #7.4.
OAK #4823-2508-6159 v2
Item #7.4.
September 29, 2022
Mr. Jeff Mitchem & Ms. Samantha Thomas
City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Subject: Proposal for Data Collection & an Updated Transportation Impact Analysis for the Yellow Rose Ranch Project in Calistoga, California
Dear Mr. Mitchem & Ms. Thomas:
Thank you for inviting Fehr & Peers to assist in providing an updated Transportation Impact Analysis report for the Yellow Rose Ranch project, which was previously completed in April 2021. This proposal is provided based on (1) a need for reviewing and updating parts of the previously completed report, (2) to confirm the volumes estimated from multimodal counts that were taken in late 2018, (3) changes that have been made to the roadway network, and (4) a new near-term background project list that reflects project completion or other projects moving forward in the entitlements process. We understand that the project description for Yellow Rose Ranch has not changed, and as such will be breaking up this scope of work into two parts:
what is the minimum update needed for the report, and the scope if a full rerun of the analysis is needed.
If additional analysis is requested in the future, a scope of work will be developed as part of a separate amendment effort.
Scope of Work
Phase A – Data Collection & Focused TIA Report Update
Task A1 – Data Collection
Fehr & Peers collected counts for the previous analysis in late 2018. As four years have passed since counts were collected and travel patterns have changed due to the COVID-19 pandemic, we suggest collecting check counts at four locations during the weekday morning and evening peak hours, in addition to Saturday afternoon. These counts will help us understand how volumes have changed over the past four years, and (1) if our previous counts provide a conservative analysis, or (2) if we will need to complete a full rerun of the analysis. The intersections where the check counts will be conducted include:
• Tubbs Lane/Foothill Boulevard (SR 128)
• Petrified Forest Road-Cedar Street/Foothill Boulevard (SR 128) • Berry Street/Foothill Boulevard (SR 128)
• Lincoln Avenue (SR 29)-Kortum Canyon Road/Foothill Boulevard (SR 29-SR 128) Item #7.4.
Task A2 – Update of Select Portions of the Technical Analysis Task A2 will focus on updating the report to incorporate changes in the background land use and transportation system since the report was last finalized. Existing volumes will not be analyzed in Synchro for this task. Changes include a new signal at the intersection of Petrified Forest Road-Cedar Street/Foothill Boulevard (SR 128) which will need to be incorporated into the Existing Conditions analysis. This signal was included as a background roadway improvement in the Existing Plus Approved Projects (EPAP) scenario, and the report will be updated to reflect the recent installation of the signal.
Another change to the report will be related to the Approved Projects list. For example, the Silver Rose project is complete and an occupancy permit was issued in June 2022. This change, amongst others in the Approved Projects list, will require a rerun of the EPAP Conditions analysis. We will also review the cumulative volumes to ensure EPAP changes are reflected in the Cumulative scenario.
An update to the VMT analysis will also need to be completed as land uses surrounding the site may have changed and a new CEQA baseline has been defined based on the date of the NOP.
Task A3 – Documentation
The data, analysis, results from Phase A, and additional language around the use of the historic barn (community center) and any additional COA for use as the City sees fit will be incorporated into an updated Administrative Draft TIA. We assume moderate comments from City staff on the Administrative Draft TIA and minor comments from City staff on the Draft and Final TIA Documents. We have included a total of ten hours of staff time to respond to comments on the Administrative Draft TIA report, seven hours of staff time to respond to comments on the Draft TIA, and four hours of staff time to respond to comments on the Final TIA documentation. Additionally, we have included 16 hours of staff time to respond to transportationrelated public comments on the TIA. If the number or complexity of comments will exceed that level of effort, we will communicate that with the project team and prepare an amended scope to cover the responses.
Phase B – Comprehensive TIA Report Update
Task B1 – Comprehensive Update of Previous TIA
Based on the results of Task A1, a more comprehensive update of the TIA may need to be completed. As part of this Task, Fehr & Peers will collect counts at the remaining three study intersections, update the vehicular volumes for all intersections, and rerun the analysis for the Existing Conditions, EPAP, and Cumulative scenarios. Additionally, a new trip generation, distribution and assignment analysis will be prepared; the latest version of the Trip Generation Manual is the 11th Edition, while the previously analysis used the 10th Edition. A fully updated report will be prepared.
Item #7.4.
Task B2 - Documentation
The data, analysis and results from Phase B will be incorporated into an updated Administrative Draft TIA; this task is additive to Task A3. We assume moderate additional comments from City staff on the Administrative Draft TIA and minor additional comments from City staff on the Draft and Final TIA Documents. We have included a total of ten hours of staff time to respond to comments on the Administrative Draft TIA report, ten hours of staff time to respond to comments on the Draft TIA, and eight hours of staff time to respond to comments on the Final TIA documentation.
Schedule and Fee
Fehr & Peers will complete Part A for a total of $30,060 to be billed on a time-and-materials basis and Part B for a total of $54,410. If the scope, fee, and schedule are acceptable, please provide us with a contract for review. Any additional analysis (VMT, LOS, additional responses to public comments, etc.) beyond the efforts detailed in this scope of work would require a scope and budget amendment.
Please contact Ashlee Takushi at (925) 357-3388 with any questions or if you need any additional information. We look forward to working with you on this project.
Sincerely,
FEHR & PEERS
Ian Barnes, PE
Senior Associate, Redwood Empire Senior Market
Leader
Ashlee Takushi
Project Engineer
P22-5792-WC
Item #7.4.
Project
Manager
Associatein-Charge Forecasting Expert Project Engineer Graphics Admin Labor Hours Direct Costs Total Tasks $190 $285 $255 $160 $160 $160
Task 1A - Data Collection 32 0 812 16 $2,150 $5,050Task 2A - Update of Selection Portions of the Technical Analysis 12 5 8 40 2 8 75 $690 $14,435 Administrative Draft Transportation Impact Analysis Report 8 4 0 12 2 3 29 $270 $5,650 Draft Transportation Impact Analysis Report 11 0 211 6 $60 $1,175 Final Transportation Impact Analysis Report 4 2 0 12 0 2 20 $180 $3,750 Task 1B - Comprehensive Update of the Previous TIA 12 8 6 35 3 8 72 $2,170 $15,620 Administrative Draft Transportation Impact Analysis Report 8 4 0 12 2 3 29 $270 $5,650 Draft Transportation Impact Analysis Report 21 0 411 9 $80 $1,705 Final Transportation Impact Analysis Report 21 0 211 7 $70 $1,375 Total for Part A 28 14 8 74 6 16 146 $3,350 $30,060Total for All Tasks 52 28 14 127 13 29 263 $5,940 $54,410Notes:
This fee proposal is valid for a period of 90 days from the proposal submittal date.
Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded.
Mileage is billed at the IRS rate
All other direct and subconsultant expenses are billed based on invoiced cost amount Other direct costs include computer, communications, and reproduction charges are billed as a percentage of laborRates and staff are subject to change at any time, without notice, and within the total budget shown Task 2B - Documentation
Yellow Rose Ranch Transprotation Impact Analysis Update Fehr & Peers
Part APart B
Task 3A - Documentation
1 Item #7.4.
OAK #4823-2508-6159 v2
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
Item #7.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Nov 15 2022
Subject: Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361)
DESCRIPTION:
Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.
RECOMMENDATION:
Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.
BACKGROUND/SUMMARY:
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. With the surge of COVID-19 Delta Variant cases and the Executive Order N-08-21 sunsetting on September 30, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom on September 16, 2021. AB 361 provides an alternative to the teleconferencing requirements of Government Code Section 54953(b)(3) if there is a state of emergency, and the legislative body makes certain factual findings regarding the state of emergency.
The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 will sunset on January 1, 2024.
Though adopted in the context of the pandemic, AB 361 allows for virtual meetings during other stateproclaimed emergencies, such as wildfires and earthquakes, where physical attendance may present a risk.
When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to AB 361, and to make those findings every 30 days thereafter, to continue to meet under these abbreviated teleconferencing procedures.
AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers are teleconferencing in from. In order to have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council adopted Resolution 2021-071 stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
Item #7.5.
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committees, Commissions, and Boards to meet safely in person; and
2. The State of California and the City of Calistoga continue to recommend measures to promote social distancing.
3. The City Council directed regular City Council Meetings be Hybrid starting with the October 4, 2022, Regular Council Meeting.
4. Other City Boards, Commissions, and Committees may remain virtual or decide to hold hybrid meetings in the future.
AB 361 requires City Council to make these findings every 30 days to continue teleconference meetings. On October 5, 2021, Council adopted Resolution 2021-071, making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. Council has continued to reaffirm this resolution. Staff will continue to agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings may be periodically necessary.
AB 361 also has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings. These requirements include:
• Providing notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored.
• Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
• Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.
The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361 and there will be no change to the currently established teleconference procedures.
CEQA STATUS:
The proposed Resolution is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.
FINANCIAL IMPACT:
There are no direct financial impacts from the enactment of the Resolution.
ATTACHMENT(S):
Attach 1 - Reso 2021-071 AB 361 Teleconferenced Public Meetings APPROVAL(S):
Item #7.5.
Laura Snideman, City Manager Approved - Nov 07 2022
Marni Rittburg, City Clerk Approved - Nov 07 2022
Item #7.5.
RESOLUTION 2021-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO
IMPLEMENT TELECONFERENCED PUBLIC MEETINGS FOR CITY COUNCIL AND
ALL CITY COMMITTEES, COMMISSIONS AND BOARDS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, COVID-19 is a respiratory disease which has now spread across the globe, with thousands of confirmed cases in California, including the City of Calistoga; and WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency on in response to COVID-19 on March 4, 2020; and
WHEREAS, on March 16, 2020, the City Manager of the City of Calistoga proclaimed the existence of a local emergency related to the COVID-19 threat; and WHEREAS, the Calistoga City Council has the explicit power "to proclaim the existence or threatened existence of a "local emergency" if the city council is in session" or ratify the proclamation of a "local emergency" if the City Manager declares one while Council is not in session; Accordingly, this authority resides with City Council not with any of the Committees, Commissions, and Boards; and
WHEREAS, on March 20, 2021, City Council ratified the local emergency declaration proclamation by the City Manager related to COVID-19 with Resolution No. 2020-020; and WHEREAS, to mitigate the spread of COVID-19 the Centers for Disease Control and Prevention recommends that people "Avoid Crowded Spaces," "Choose events that take place outside with enough space for attendees to stay at least six-feet apart"; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged causing spikes in COVID-19 cases throughout the state; and WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021, and amended Government Code Section 54953; and
Attachment 1Item #7.5.
Resolution No. 2021-071
WHEREAS, AB 361 has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings, including:
• To provide notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. • Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. • Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.
WHEREAS, the City is already implementing the above public meeting requirements now codified in Government Code Section 54953(e)(2)(B-G); and WHEREAS, Government Code Section 54953(b)(3) permits public meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public; and WHEREAS, Government Code Section 54953(e)(3)(A-B) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and
2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.
WHEREAS, the City of Calistoga continues to impose or recommend measures to promote social distancing, which includes but is not limited to:
• Requiring staff and the public to wear masks inside City buildings; • Posting COVID-19 safety measures on doors and the City's website; • Placing hand sanitizer stations in City Hall and other public buildings.
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the flowing:
1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council.
Item #7.5.
Resolution No. 2021-071
2. Finds that proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct teleconferenced public meetings for all the City's Committees, Commissions, and Boards does not meet CEQA's definition of a "project," because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency
3. Finds that City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and • The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.
4. Declares that as a result of the findings in provision 3 above, that the Interim City Manager is authorized to implement teleconferenced public meetings for all the City's Committees, Commissions, and Boards pursuant to Assembly Bill 361.
5. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
6. This Resolution shall become effective immediately but directs staff to agendize this Resolution within 30 days for City Council to reconsider the circumstances of the state of emergency and findings of provision 3.
PASSED, APPROVED AND ADOPTED this 5th day of October 2021. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega, and Mayor Canning
None
None
None
~~
Item #7.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Nov 15 2022
Subject: Recommended Final 2023-2031 Housing Element
DESCRIPTION:
Hold a Public Hearing on the recommended Final 2023-2031 Housing Element.
RECOMMENDATION:
Hold a public hearing, make final decisions, and direct Staff to submit the Final 2023-2031 HE to the California Department of Housing and Community Development (“HCD”).
BACKGROUND/SUMMARY:
In 1969, the state mandated that all California cities, towns and counties must plan for the housing needs of our residents, regardless of income. The Housing Element, a component of every city’s general plan, is the vehicle by which this planning occurs and the Regional Housing Needs Allocation, or RHNA, is the process by which the number of housing units each jurisdiction must plan for is determined.
Calistoga is required to plan for a total of 119 units over the next eight years. The units are subdivided into four different income categories. The Housing Element shows the locations where housing can be built and the policies and strategies that help to foster the creation of housing. Table 8-6 states we are planning for 869 new housing units in this Housing Element of which 255 are on specified Opportunity Sites.
Housing Element Content
Since April 2021, the City has been in the process of updating the Housing Element (HE) of the General Plan for the 2023-2031 period (6th Cycle) as required by State law. As a reminder, the Draft Housing Element is similar in format to the current Housing Element and has been revised to reflect changes in housing conditions, State laws, and other circumstances during the past 8 years.
The complete Draft 2023-2031 Housing Element is available on the City website at:
https://www.ci.calistoga.ca.us/city-hall/departments-services/planning-building-department/planningdivision/calistoga-housing-element-project Note that the full document is not attached to this report and readers must visit the website to view a complete document.
The Housing Element is organized into the following sections:
• Chapter 1, Introduction. The Introduction summarizes State requirements relating to the Housing Element.
• Chapter 2, Review of the 5th Cycle Housing Element. This section evaluates the progress made on the 2015-2023 RHNA and actions from the last housing element.
Item #8.1.
• Chapter 3, Affirmatively Furthering Fair Housing. This section includes an assessment of fair housing issues and describes the community engagement process used to ensure public involvement in the development of the 2023-2031 Housing Element. • Chapter 4, Demographic and Housing Stock Overview and Housing Needs. This section includes demographic and housing data that characterize the community’s housing profile and existing and projected housing needs. This section also includes an inventory of at-risk affordable housing units in the city.
• Chapter 5, Housing Sites and Resources. This section provides an updated inventory of approved housing projects and sites for the development of housing and identifies housing opportunities and resources.
• Chapter 6, Constraints to the Development of Housing. This section provides an overview and analysis of potential constraints to the development of housing. • Chapter 7, Energy Conservation. This section of the Housing Element describes opportunities for energy conservation in residential development. • Chapter 8, Housing Policies and Programs. This section contains the Goals, Objectives, Policies and Actions that will guide the City’s implementation efforts over the next eight years in meeting housing needs for all economic segments of the community.
HCD Comment Letter
In April 2022, City Council directed Staff to send the Draft HE to HCD for their initial 90-day review.
Reporting the results of their review, the City received the HCD Comment Letter on August 24, 2022 (Attachment A). The letter specifies revisions to the HE necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The revised HE document – Recommended Final Housing Element – is attached hereto in track-change format as Attachment B. In summary of HCD comments, the mandated revisions are described in three sections:
A. Housing Needs, Resources and Constraints. This content, predominantly analysis based, pertains to Chapters 1-7. The nature of directed revisions includes data points such as socioeconomic characteristics, income levels, land inventory data, land use controls, permit processing timelines, housing sites inventory, etc.
B. Housing Programs. This content pertains entirely to policy language as conveyed in Chapter 8, Housing Policies and Program (Attachment C). The primary thrust of HCD’s directive requires that city housing policy contain 1) specific and measurable actions; 2) clear outcomes or deliverables; and 3) specific completion or initiation dates. Resolving this directive, Staff utilized the HE Policy Review Matrix (Attachment D) to track comments and recommendations from Planning Commission and Housing Advisory Committee.
C. Quantified Objectives. Like Section A, these directives are analysis based calling for internal consistency, accuracy and specificity relating to identification of existing and projected housing needs, potential housing development sites and financial resources, and the Element’s analysis of constraints to the development and maintenance of housing. This information has been used to establish reasonable estimates of what these programs and policies can accomplish.
Responses to HCD Comments
As mentioned above, the HCD Comment Letter, Section B contains policy changes necessary to meet State Housing Law, particularly content related to Chapter 8: Housing Policies and Programs.
Attachment C is a track-change version of this chapter with recommended policy change options for City Council consideration.
For each recommended policy change option, the document contains the following prompts regarding policy directive:
1. HCD Comment: Policy must contain more specific action, clear deliverable, specific time frame for implementation. There are 36 recommended revisions to policy. These policy revisions are iterative only (from the Draft HE) with respect to action, deliverable and time frame. For each recommended policy revision, the HCD Comment is provided (blue text) followed by the corresponding Planning Commission recommendation (red text).
Item #8.1.
2. Legal Mandate: Compliance with a specified state law.There are 4 citations of specific state law mandating revisions to the following Actions: A1.1-1, page 8-1 (SB 330, SB 8); A2.1-5, page 8-7 (SB 35); A3.2-2, page 8-11 (AB 978); and, A6.1-2, page 8-21 (SB 35, SB 330). For each policy with legal mandate implication, the words Legal Mandate appear.
Housing Element Review Process
For procedural context, please note the following summary of the public review milestones achieved and anticipated in producing the Draft and Final HE documents:
City Council
• April 19, 2022. Public Hearing to review the Draft HE and direction of staff to submit to HCD for 90-day review.
• October 18, 2022, Public Hearing to review and discuss HCD comments on, and staffrecommended responses to, the draft Housing Element. • November – January 2023. HCD final review period.
• February – March 2023. Adoption hearings.
Planning Commission
• Public Hearings on March 9, 2022, September 28, 2022, October 26, 2022, and November 2, 2022 when Planning Commission unanimously voted to Recommend the Final HE for submittal to HCD for their final 60-day review.
• February – March 2023. Adoption hearings.
Housing Advisory
• Publicly noticed meetings on February 28, 2022, March 21, 2022, September 19, 2022, and October 17, 2022 when Housing Advisory Committee unanimously voted to advise Planning Commission to Recommend to City Council the Final HE be submitted to HCD for their final 60-day review.
City Attorney Review
• City Attorney review has focused on Chapter 8 Housing Policies and Programs with specific attention to the primary legal mandates for housing initiatives such as downzoning, by-right provisions, ministerial review, rent control, etc. These mandates are noted in Attachment A with the preface “Legal Mandate” where applicable for a given policy statement. Additional CAO review will take place concurrently with HCD review and prior to City Council adoption of the Final HE.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
Goal 2: Address the community's existing and future housing needs.
CEQA STATUS:
A Draft IS/MND has been prepared and is available on the City’s website at:
https://www.ci.calistoga.ca.us/city-hall/departmentsservices/planning-buildingdepartment/planningdivision/calistoga-housing-elementproject. A public comment period on the Draft IS/MND was open between Tuesday, August 23, 2022 and September 21, 2022. Agency comments have been received and are being responded to, while no public comments were received. The document will be presented for certification by Council concurrently with adoption of the Final HE.
FINANCIAL IMPACT:
The total not-to-exceed cost of the Housing Element $165,303. Funding sources include state grant ($65,000) and General Fund (01-4115-4402).
ATTACHMENT(S):
ATTCH A - HCD Comment Letter
Item #8.1.
ATTCH C - Goal-Objective-Policy-Action List_JM11-05
ATTCH B - Full HE Link (track change)
ATTCH D - HE Policy Matrix-11.15.2022
APPROVAL(S):
Laura Snideman, City Manager Approved - Nov 09 2022
Marni Rittburg, City Clerk Approved - Nov 09 2022
Item #8.1.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 24, 2022
Jeff Mitchem, Director
Planning and Building Department
City of Calistoga
1232 Washington Street, Calistoga, CA 94515
Dear Jeff Mitchem:
RE: City of Calistoga’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Calistoga’s (City) draft housing element received for review on June 23, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from YIMBY Law and Greenbelt Alliance pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly
ATTACHMENT A
Item #8.1.
Jeff Mitchem, Director
available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication of your team during the review. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Chelsea Lee, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
Item #8.1.
City of Calistoga’s 6th Cycle Draft Housing Element Page 1 August 24, 2022
APPENDIX
CITY OF CALISTOGA
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-elementmemos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Enforcement & Outreach: The element currently describes cases filed with the Fair Housing Enforcement Organization (FHEO), but it must also describe the City’s capacity to provide enforcement and outreach, which can consist of actions such as the ability to investigate complaints, obtain remedies, or engage in fair housing testing. In addition, the element must address compliance with existing fair housing laws, as well as any past or current fair housing lawsuits, findings, settlements, judgements, or complaints.
Assessment of Fair Housing: The element includes some data and analysis regarding different patterns for various socio-economic characteristics (race and income).
However, a complete analysis should include maps and data on all fair housing components and analyze this data for patterns and trends at the local and regional level including integration and segregation (race, income, disability, and familial status), disparities in access to opportunity (education, environmental, transportation, economic), and disproportionate housing needs (cost burdened, overcrowded, substandard housing conditions, homelessness, and displacement risks). In addition to evaluating patterns and trends, the element should analyze coincidences with other components of the assessment of fair housing. Lastly, the assessment should be complemented by local data and knowledge, including input from comments, and other relevant factors as described below.
Other Relevant Factors: The element must consider other relevant factors that have contributed to certain fair housing conditions. This analysis must consider information that is unique to the City or region, such as governmental and nongovernmental actions, historical land use and zoning practices (e.g., past redlining/greenlining, restrictive covenants, etc.), disparities in investment to specific communities, or other information that may have impeded housing choices and mobility.
A
B
C
Item #8.1.
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Local Knowledge and Data: The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates, public comments, and service providers.
Sites Inventory: The element includes some analysis on the distribution of sites identified to meet the Regional Housing Needs Allocation (RHNA) regarding access to opportunity indicators (pp. 5-10-16). However, a full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups, and how that effects the existing patterns for all components of the assessment of fair housing (e.g., enforcement and outreach, segregation and integration, disproportionate housing needs including displacement). The element should also discuss whether the distribution of sites improves or exacerbates fair housing conditions and add or modify programs as appropriate.
Contributing Factors and Summary of Fair Housing Issues: While the element includes some contributing factors and a summary of fair housing issues, based on a complete analysis, the element may need to add or revise the identification of contributing factors and fair housing issues.
Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies programs to encourage and promote affordable housing; however, most of these programs are limited to conducting outreach and do not appear to facilitate any meaningful change nor address affirmatively furthering fair housing requirements.
Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. Given that most of the City is considered a low and moderate resource community, the element could focus on programs that center on place-based strategies for economic and community revitalization, protecting residents from disaster-driven and investment-driven displacement, and enhancing housing mobility to encourage the development of more housing choices and affordable housing.
Programs also should be based on identified contributing factors, be significant and meaningful. The element must add, and revise programs based on a complete analysis and listing and prioritization of contributing factors to fair housing issues. Furthermore, the element must include geographic targeting, metrics and milestones toward affirmatively furthering fair housing (AFFH) outcomes. For more information, please see HCD’s guidance at https://www.hcd.ca.gov/community-development/affh/index.shtml.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low Income (ELI) Households: While the element included the total number of projected ELI households, it must quantify and analyze the number of existing ELI households by tenure.
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3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element quantified the total number of households overpaying by tenure (p. 4-29), it must quantify the total number of lower-income households overpaying by tenure.
4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The element is counting 128 units as progress towards the RHNA including 69 units affordable to lower-income households. First, to count these units as progress towards RHNA, the element must demonstrate the availability of these units within the planning period. To address this, the element could discuss project status, schedule for completion, outreach with developments, remaining steps for projects to receive final entitlements and any other relevant information. Additionally, the element must demonstrate the affordability for 1855 Lincoln Ave based on actual or projected sales prices, rent levels, or other mechanisms establishing affordability in the planning period. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housingneeds/projected-housing-needs.shtml.
Sites Inventory: While the element lists sites by parcel number, parcel size, zoning, general plan designation, and describes existing uses for non-vacant sites (Appendix 5- 1), it must also identify the number of units that can be realistically accommodated on each site. For additional information and sample sites inventory, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/site-inventoryanalysis/inventory-of-land-suitable.shtml.
Realistic Capacity: The element provides assumptions for buildout of sites in the inventory by multiplying the maximum allowable density by the size of a parcel.
However, the element must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
Additionally, for sites that have been identified in zones that allow for 100 percent nonresidential uses, the element must analyze the likelihood that residential will occur in nonresidential zones (e.g., community commercial and high density residential/office).
For example, while the element stated that residential densities are required and that multifamily is allowed excluding the ground floor, the element should address other criteria including whether these zones allow for 100 percent commercial projects.
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A complete analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development.
For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/site-inventory-analysis/analysis-of-sites-andzoning.shtml#zoning.
Small Sites: The element identifies five parcels that are less than a half- acre in size (Table 5-3) and concludes that these parcels are contiguous and have common ownership (p. 5-9). However, sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).) For example, a site with a proposed and approved housing development that contains units affordable to lower income households would be an appropriate site to accommodate housing for lower-income households. (Gov. Code, § 65583.2, subd. (c)(2)(C).) The analysis could also describe the City’s role or track record in facilitating small-lot consolidation, conditions rendering parcels suitable and ready for lot consolidation, and policies or incentives offered or proposed to encourage and facilitate lot consolidation.
Suitability of Nonvacant Sites: The element identifies one nonvacant site to accommodate the regional housing need including four units for lower-income households. The element must provide an analysis demonstrating the potential for redevelopment. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any and other information that may prevent redevelopment of the site for additional residential development. Additionally, the element could discuss and regulatory or other incentives or standards to encourage additional residential development on these sites.
Environmental Constraints: While the element identified and analyzed potential environmental constraints for the identified sites and Citywide including flooding, special species, and archaeological resources, it should analyze any other potential environmental constraints or other conditions impacting RHNA sites such as fire hazard or earthquake risks. The element should be revised to include this information and programs should be added or revised as appropriate.
Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml for a copy of the form and instructions. The City/County can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City/County must submit an electronic version of the sites inventory with its adopted housing element to [email protected].
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Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element discussed zoning and capacity for emergency shelters, the element must also identify and analyze any development standards (e.g., spacing, parking, concentration requirements) and other requirements imposed on emergency shelters. Lastly, the element must describe compliance with Government Code section 65583, subdivision a)(4)(A) or include a program to comply with this requirement. For your information, pursuant to Government Code section 65583, subdivision a)(4)(A), parking requirements should be limited to allowing sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
• Supportive and Transitional Housing: The element states that the City permits supportive and transitional housing in all residential zones. Additionally, the element included Table 6-1 listing allowable uses per zoning district. However, this table did not reflect whether transitional and supportive housing are allowed in zones that allow for residential uses (e.g., downtown commercial, community commercial, etc.,). The element should reconcile this information and specifically clarify whether the City permits these types of housing as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone pursuant to Government Code section 65583 (a)(5).
Additionally, supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with these requirements and include programs as appropriate.
• Housing for Agricultural Employees: The element must demonstrate zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/housing-needs/farmworkers.shtml. • Manufactured Housing: The element provided information on permitting requirements for manufactured homes in the terms of accessory dwelling units and mobile homes. However, manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards that a conventional single-family residential dwelling would be subject to. The R
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element must demonstrate consistency with this requirement or add or modify programs as appropriate.
5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls.
While the element analyzed most relevant land use controls, it must identify and analyze any requirements for minimum or maximum unit sizes. Additionally, the element must analyze requirements related to multifamily parking (i.e., two spaces per unit). For example, the element could include a discussion about applicable development standards in different zones and how a hypothetical project could achieve maximum densities when applying those standards. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.
Local Processing and Permit Procedures: While the element analyzed most procedures and permitting requirements for various housing types, the element must specifically analyze the requirement of a use permit for multifamily housing for potential constraints on housing. Specifically, the element notes that a use permit is required for multifamily development in mixed-use zones (i.e., community commercial and downtown commercial) and approval findings include compatibility with surrounding uses.
Additionally, the City identified a portion of their RHNA in these zones. The analysis should address impacts on housing cost, supply, timing and approval certainty. For example, the element should analyze the required approval findings for impacts on approval certainty and the presence of processes or guidelines to promote certainty and add or modify programs as appropriate.
Constraints on Housing for Persons with Disabilities:
• Reasonable Accommodation: The element states the City has a reasonable accommodation procedure (p. 5-2), but it should also analyze the procedure for potential constraints. The analysis should address the process, application requirements, and associated fees and list and evaluate the actual approval findings. Depending on its analysis, the element must add or modify programs as appropriate.
• Licensed and Unlicensed Residential Care Facilities for Seven or More Persons:
The element states that these uses are permitted with a use permit in residential zones. Additionally, the element indicates that a use permit requires planning commission approval and triggers design review. For your information, zoning V
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should simply implement a barrier-free definition of family instead of potentially subjecting persons with disabilities to special regulations such as the number of persons, population types, and licenses. The element must analyze this process as a potential constraint for impacts on housing choices, approval certainty, and objectivity for housing for persons with disabilities. Additionally, as part of this analysis, the element should also clarify the differences between “general” and “limited” residential care facilities. Based on a complete analysis, the element may need to add or modify programs to allow these uses with objectivity and certainty.
6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Approval Time and Requests for Lesser Densities: While the element stated that there were no requests from the “public” to develop at densities below those identified in the inventory (p. 6-23), it must clarify and analyze requests from project applicants to develop at densities below those identified in the sites inventory. Additionally, the element must include an analysis of the length of time between receiving approval for a housing development and submittal of an application for building permits. The element must address any hinderance on the development of housing and include programs as appropriate.
7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Special Needs Households: While the element includes some data, a general discussion of housing challenges faced by special needs households, and proposed programs, it still must provide an analysis of the existing needs and resources for each special need group including seniors, female headed households, large households, extremely low-income households, and persons with disabilities. For example, the element should discuss the existing resources to meet housing needs (availability of shelter beds, number of large units, number of deed restricted units, community services, etc.,) and an assessment of any gaps in resources. Local officials, special needs service providers or County social and health service providers may be able to assist with information to complete the analysis. The element may need to add or revise programs and policies based on the outcomes of a complete analysis.
Farmworkers: While the element included data on the number of migrant farmworkers, the element must specifically quantify the number of permanent and seasonal farmworkers within the County (USDA Agriculture Census data).
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8. Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).
The element states that the City has a portfolio of 203 affordable housing units, however, HCD’s records indicate that the City has 287 affordable housing units. The element should reconcile these figures and include the following projects in the inventory: Lincoln Avenue Apartments (77 assisted units located on 1855 Lincoln Avenue) and Calistoga Farm Worker Center (60 assisted units on 3996 North St.
Helena Highway).
B. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation.
Deliverables should occur early in the planning period to ensure actual housing outcomes. The element must provide quantified objectives where appropriate and all programs should be evaluated to ensure provision of discrete timing (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact throughout the planning period. In addition, the element should be revised as follows:
Specific Commitments: The element includes several programs lacking specific commitments (e.g., “explore,” “consider,” etc.,). While the element can include programs to study certain topics, it includes a preponderance of programs that do not go beyond studying or exploring a particular action. Programs should be amended, as appropriate to include more specific and measurable actions. This includes but is not limited to Actions 1.2-2, 1.2-4, 1.2-6, 1.3-5, 2.1-6, and 2.2-3.
Implementation Actions: As noted above, programs must have clear outcomes or deliverables. Several programs include actions with no description of how those actions will be implemented (e.g., “encourage”, “assist”, “partner”, “maintain”, etc.,). For example, Program 1.2-1 states that the City will encourage new residential development to be built to the maximum density, however, does not describe how the City will encourage this action from occurring (e.g., develop requirements, pre-application meetings, etc.,). Programs should be amended, as appropriate to include AB
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implementation steps. This includes but is not limited to Actions 1.2-1, 2.2-2, 1.2-3, 4.1- 2, 4.1-3, 4.1-7, and 4.2-1.
Ongoing Programs: Majority of the programs lists implementation timelines as “ongoing.” While this may be appropriate for some programs, programs with specific implementation actions must include completion or initiation dates resulting in beneficial impacts within the planning period. For example, Action 1.2-6 commits to partnering with the Chamber of Commerce to encourage options for workforce housing and consider programs to connect homeowners to employees in need of housing yet lists the timeline as “ongoing.” To address this, the program should include a timeline for when and how the City will engage and partner with organizations. This and other programs should include specific dates or benchmarks for implementation throughout the planning period. This includes but not is limited to Actions 1.2-6, 1.2-3, 1.3-3, 1.3-4,
2.1-2, 2.1-3, 2.3-1, 4.1-2, 4.1-3, 4.1-5, 4.2-2, 4.3-1, 4.3-2.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
Publicly Owned Sites: The element identified City-owned sites to accommodate a portion of the RHNA. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate development of City-owned sites. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings A5 and A6, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may AE
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need to revise or add programs and address and remove or mitigate any identified constraints.
4. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent… ….for very low, low-, or moderate-income households... (Gov. Code, § 65583, subd. (c)(7).)
The element is required to include a program that incentivizes or promotes accessory dwelling unit (ADU) development for very low-, low-, and moderate-income households.
While the element included Action 1.2-2, this program does not commit to anything beyond “considering” making amendments to the City’s ADU ordinance. First, HCD’s records indicate that the City has not updated it’s ADU ordinance to comply with recent state law from 2020-2022. The element must include a specific commitment to update the City’s ADU ordinance to be compliant with state law. Second, as noted, the element must include a program that incentivizes or promotes ADU development. Examples of incentives include pursuing funding opportunities, modifying development standards, and reducing fees beyond state law, increasing awareness, pre-approved plans, and homeowner/applicant assistance tools. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element must include a complete analysis of AFFH. Based on the outcome of that analysis, the element must add or modify programs.
C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
Based on HCD’s review, the element included quantified objectives for various income categories for conservation, rehabilitation, and construction in two separate places of the element (p. 5-27 and p. 8-16). First, the element should reconcile these tables to consistently report quantified objectives for each income category. Secondly, the element must include quantified objectives for all income levels, including extremely low income households. Lastly, while the element included some quantifiable objectives for conservation, it must include objectives for the number of housing units that will be rehabilitated and conserved/preserved for all income levels (extremely low, very low, low, moderate, and above moderate).
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CHAPTER 8: HOUSING POLICIES AND
PROGRAMS
Objective H-1.1Ensure that an adequate amount of land is available for residential development for all
economic segments of the community and to
meet the city’s regional share of housing
needs..
Policies
P1.1-1 Maintain a supply of residentially-designated land at appropriate densities that is adequate to accommodate Calistoga’s share of the regional housing need and accommodate projected housing needs.
P1.1-2 Encourage the development of housing in combination with commercial uses.
P1.1-3 Encourage the development of housing where public services are available.
P1.1-4 Ensure the location and construction of new development minimizes wildfire risk, including through fire hardening design strategies.
Actions
A1.1-1 When reviewing proposed residential development projects and proposals to downzone residential properties or reclassify residentially designated property to other uses, consider the potential impact on the ability of the City to provide adequate sites for residential development for all economic segments of the community and achieve its quantified housing objectives.
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, Planning Commission, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
Goal H-1 Maximize opportunities for the development of housing to accommodate anticipated growth and facilitate mobility
within the ownership and rental housing markets.
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implementation. LEGAL MANDATE: Compliance with
SB 330, SB 8 prohibiting city-wide net loss in residential capacity.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, amend Zoning Code to provide
that the City shall not change the general plan or
zoning designations with respect to land where housing
is an allowed use to a less intensive use, in order to
maintain supply of residentially designated land at
higher densities, unless there are corresponding
changes to create no net loss in residential capacity.
A1.1-2 Ensure that any amendments to the Housing Element or other General Plan elements maintain internal consistency within the General Plan as a whole.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department, Planning Commission, City Council
A1.1-3 Evaluate General Plan objectives, policies, and actions for consistency with State law and amend as needed to ensure consistency with objective design standards and Housing Element objectives to encourage housing. Review of General Plan should include, but are not limited to: Objective LU 1.4, LU P1.4-1, LU A1.4-1, Objective LU 3.2, LU P3.2-1, LU A3.2-1, LU P4.1-4, Objective CI 1.1, CI P1.1-1, OSC P5.2-1, OSC P5.2-4.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
A1.1-4 Modify municipal code to allow for multifamily housing on vacant or underutilized portions of lots larger than one acre if allowed under zoning and land use controls. New housing would require sufficient distance from existing uses to mitigate noise, health, and safety risks. An entrance to the lot separate from the entrance for the existing use may be ideal.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
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PLANNING COMMISSION REVISION
RECOMMENDATION: DELETE – Already allowed in
CMC compliant with multi-family zoning standards.
(CMC Section 17.19.040).
Objective H-1.2Make effective use of residential development sites.
Policies
P1.2-1 Maximize the efficiency of residential development.
P1.2-2 Promote the development of accessory dwelling units on lots with single-family residences.
P1.2-3 Accommodate alternative types of housing (e.g., shared housing, clustered housing, co-housing, cottage-style housing, and nonprofit housing co-operatives) in areas designated for mediumand high-density residential development and commercial uses.
P1.2-4 Accommodate a diverse range of housing types, including singlefamily homes, townhomes, apartments, duplexes/triplexes, and condominiums to meet the varied needs of residents.
P1.2-5 Promote opportunities for the development of workforce housing, which serves workers who make moderate incomes from 80 to 120 percent of area median income (AMI).
Actions
A1.2-1 Encourage new residential development to be built to the maximum number of dwelling units prescribed by the General Plan for specific properties, subject to conformance with the City’s residential design guidelines and the General Plan’s residential design policies.
Time Frame: Ongoing Within one year of Housing
Element certification
Responsible Entities: Planning and Building Department, Planning Commission, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation. EXISTING 2014 HE: Policy 1.2-1:
Encourage new residential development to be built with
no less than 50 percent of the maximum number of
dwelling units prescribed by the General Plan.
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PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, amend Zoning Code to specify
minimum residential density within the range
prescribed by the General Plan for multi-family and
commercial properties, subject to conformance with
the City’s residential design guidelines and all applicable General Plan policies.
A1.2-2 Consider amendments to the Zoning Code’s regulations for accessory dwelling units to encourage their development, such as incentives to build and rent out accessory dwelling units to lower income community members and local workers.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year of Housing
Element certification, amend Zoning Code’s regulations
for accessory dwelling units to encourage their
development, such as incentives to build and rent out
accessory dwelling units to lower income community
members and local workers.
A1.2-3 Continue to partner with the Housing Authority of the City of Napa (HACN), Napa/Sonoma Collaborative, and other nonprofits to educate homeowners on accessory dwelling units and encourage increased construction.
Time Frame: Ongoing Within one year of Housing
Element certification
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year of Housing
Element certification, establish cooperative
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arrangement with the Housing Authority of the City of
Napa (HACN), Napa/Sonoma Collaborative, and other
non-profits to educate homeowners on accessory
dwelling units and encourage increased construction.
Consider amending CMC Chapter 17.37 to include
provisions less restrictive than state law requirements. (Examples for Council to consider: size, front setbacks, parking, height, fee reductions, etc.)
A1.2-4 Consider amendments to the Zoning Code to permit housing cooperatives, adaptive reuse of motels, and single residence occupancies (SROs) in residential and mixed-use zones.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, amend the Zoning Code to
permit adaptive reuse of inns and motels and housing
cooperatives in residential and commercial zones.
A1.2-5 Conduct two public workshops with homeowners on the viability of long-term rentals as a housing solution to accommodate workforce housing. Invite restaurants, hotels, and other hospitality-related companies to participate in these public workshops.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Chamber of Commerce
A1.2-6 Partner with the Chamber of Commerce to encourage restaurants, hotels, and other hospitality-related companies to work with second home/vacation home homeowners to
provide long-term lease agreements for temporary workforce housing. Consider programs to connect interested homeowners with employers or workers in search of affordable housing opportunities.
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Time Frame: Ongoing Within one year of Housing
Element certification
Responsible Entity: Planning and Building Department, Chamber of Commerce
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year of Housing
Element certification, expand contract with the
Chamber of Commerce to include annual outreach
events (open house, workshop, presentation, etc.)
involving hospitality-related companies and second
home/vacation home homeowners to help facilitate the
provision of long-term lease agreements for temporary
workforce housing.
A1.2-7 Adopt objective design standards for residential development, which will be applied to projects eligible for ministerial review.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
Objective H-1.3Provide public services and facilities needed for the development of housing.
Policy
P1.3-1 Ensure that sufficient services are provided to meet the existing and future needs of residents.
Actions
A1.3-1 Continuously update the Capital Improvement Program to ensure that sewer, water, and street improvements facilitate residential development.
Time Frame: Annually
Responsible Entity: Public Works Department
A1.3-2 Provide periodic reports to the City Council on the available water supply and wastewater treatment capacity as part of the annual General Plan Progress Reports.
Time Frame: Annually
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Responsible Entity: Planning and Building Department
A1.3-3 Update reasonable, nexus-based impact/connection fees on development projects to support adequate sewer, water and transportation services, and parks and cultural facilities.
Time Frame: Ongoing Within one year of Housing
Element certification
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, conduct a fee study or studies
and adopt updated nexus-based development
impact/connection fees to be imposed on development
projects to support adequate sewer, water and
transportation services, and parks and cultural facilities.
A1.3-4 Periodically review and update development-related impact/connection fees to ensure that fees are commensurate with the cost to the City for providing required infrastructure.
Consider reduction in fees for 100 percent affordable housing projects and the affordable portion of other projects.
Time Frame: Ongoing Conduct annual reviews
Responsible Entities: Planning and Building Department, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct annual reviews of
development-related impact/connection fees and and
ensure that fees are commensurate with the cost to the
City for providing required infrastructure, particularly for 100 percent affordable housing projects and the
affordable portion of other projects.
A1.3-5 Consider using the Affordable Housing Fund to subsidize all or part of the water and wastewater connection fees for affordable housing projects and affordable units.
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Time Frame: Ongoing Within one year of HE
certification
Responsible Entities: City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of HE
certification, establish a program to subsidize all or part of development impact and connection fees for
affordable housing projects with funding assistance from sources such as TOT, in-lieu fees, development
agreements, inclusionary housing and/or grant funding
to support provision of short-term, pre-development,
acquisition, and/or construction funding.
A1.3-6 Ensure that active transportation grant funding for safe street initiatives is aligned with housing strategies.
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, Public Works Department
A1.3-7 Incorporate housing policies and Calistoga-specific policies from the Blue Zones Project Upper Napa Valley Blueprint, including but not limited to adopting a smoke-free ordinance for
multifamily housing properties that covers all exclusive-use areas, interior unit spaces, as well as common areas not already covered by state law. Identify other housing policies from the Blueprint appropriate for incorporation into City policy as appropriate.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
Goal H-2 Promote housing that meets the needs of extremely low-, lowand moderate-income households, particularly those who work in Calistoga.
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Objective H-2.1 Encourage the development of affordable housing.
Policy
P2.1-1 Provide incentives for the development of affordable housing.
Actions
A2.1-1 Ensure compliance with State-mandated density bonuses and other incentives for projects that reserve units for extremely low-, very low-, low-, and moderate-income households.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department
A2.1-2 Maintain the City’s Affordable Housing Fund as a source of funding for affordable housing to extremely low-, very low-, low- and moderate-income households.
Time Frame: Ongoing Annual assessments
Responsible Entity: City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct annual assessments to
monitor the City’s Affordable Housing Fund and convey
to public (via City website, notices at the public
counter, etc.) as a source of funding for affordable
housing to extremely low-, very low-, low-and
moderate-income households.
A2.1-3 Allocate, as economic resources permit, a portion of any tax revenue resulting from new development, including transient occupancy tax (TOT), to support housing opportunities for extremely low-, very low-, low- and moderate-income
households, including for use in land banking, development of affordable housing, or other uses that will lead to more affordable housing.
Time Frame: Ongoing. Within two years of Housing Element certification, pursue the purchase of property for the construction of affordable and/or special-needs housing.
Responsible Entity: City Council
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HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, pursue the purchase of property
for the construction of affordable and/or special-needs housing utilizing revenue from sources such as TOT, inlieu fees, development agreements, inclusionary housing and/or grant funding.
A2.1-4 Use loan repayments from the 1980s CDBG residential rehabilitation program to fund programs and projects that benefit extremely low-, very low-, low- and moderate-income households.
Time Frame: Ongoing. Funds from this account are used
annually to support contract services with the City of Napa Housing Authority (grant applications and program
administration), Napa Valley Community Action (homeless services), Napa Valley Fair Housing and Rebuilding Calistoga.
Responsible Entity: City Council
A2.1-5 Change the zoning on housing opportunity sites to allow ministerial review of housing development projects when a minimum of 20 percent of the units in the development are affordable to extremely low-, very low-, low-, or moderateincome households.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
LEGAL MANDATE: Implements State Law (SB 35):
State Law (SB 35): State law requires “ministerial
approval” of certain affordable housing projects. This
ordinance would adopt City procedures for processing
“ministerial” applications and would include objective
standards. “Ministerial processing” or “ministerial
approval” means a process for development approval
involving little or no personal judgment by the public
official as to the wisdom or manner of carrying out the project. The public official merely ensures that the
proposed development meets all the "objective zoning
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standards," "objective subdivision standards," and
"objective design review standards" in effect at the time that the application is submitted to the local
government, but uses no special discretion or judgment
in reaching a decision.
A2.1-6 Consider adopting CASA (Committee to House the Bay Area) Compact Element #7, which would provide an expedited
approval process and financial incentives for the provision of onsite housing units affordable to the missing-middle income ranges, which includes households that earn 80 to 120 percent AMI.
Time Frame: Within one two years of Housing Element
certification
Responsible Entities: Planning and Building Department, Planning Commission, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within three years of Housing
Element certification, adopt a program which would
provide an expedited approval process and financial
incentives for the provision of on-site housing units
affordable to the missing-middle income ranges, which
includes households that earn 80 to 120 percent AMI
(such as CASA, Committee to House the Bay Area
Compact Element #7).
NOTE: Element #7: Accelerate approval of zoningcompliant projects that provide on-site affordability for “missing middle” (restrict >20% units to 80-150% AMI),
pay prevailing wage and use apprentice labor.
Incentives offered to offset higher costs to developer:
▪ 15 years of property tax increment abatement
aimed at missing middle housing
▪ Impact fees capped at a reasonable level
▪ Density bonus of 35%
▪ Parking minimums reduced to 50% of local
requirement
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▪ Relief from strict liability standards for
ownership
Objective H-2.2 Pursue state and federal
funding assistance appropriate to Calistoga’s
needs for affordable housing.
Policy
P2.2-1 Use state and federal funding assistance, to the extent these subsidies are available and appropriate to Calistoga, to assist people in need of affordable housing and developers interested in constructing affordable housing.
Actions
A2.2-1 Use local funding to leverage funding available from federal, state, county, and private funding sources for affordable housing and housing for special needs groups.
Time Frame: Ongoing. Meet with the Housing Authority of the City of Napa at least annually to review upcoming funding application notices, identify feasible programs and determine how the Affordable Housing Fund and Community Development Fund can be leveraged to maximize the likelihood of success in obtaining funding awards. Assist the HACN in applying for suitable funding.
Responsible Entity: Planning and Building Department.
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Meet with the Housing
Authority of the City of Napa (HACN) at least annually
to review upcoming Notices of Funding Availability
(NOFA) for the purpose of identifying opportunities to
match local funds with federal, state, county, and
private funding sources for affordable housing and
housing for special needs groups.
A2.2-2 Assist developers in seeking funding for affordable housing from at least three sources: (1) local banks seeking to meet their obligations under the Community Reinvestment Act, (2)
investors seeking Low-Income Housing Tax Credits, and (3) Item #8.1.
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federal and state funds, including those available under the HOME program.
Time Frame: Ongoing Annual outreach events
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct annual outreach
events (workshops or webinars, City website notices,
public counter material, postings, regional coordination with HACN and others, etc.) to assist developers in
seeking funding for affordable housing from at least
three sources: (1) local banks seeking to meet their
obligations under the Community Reinvestment Act,
(2) investors seeking Low-Income Housing Tax Credits,
and (3) federal and state funds, including those available under the HOME program.
A2.2-3 Explore potential for a partnership between the Planning and Building Department and the Chamber of Commerce to host annual workshops on rental assistance resources and services.
Time Frame: Within two one years of Housing Element
certification
Responsible Entity: Planning and Building Department, Chamber of Commerce
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year of Housing
Element certification, expand contract with the
Chamber of Commerce to formalize a partnership (in
conjunction with Policy A1.2-6) with the Planning and
Building Department to host an annual workshop on
rental assistance resources and services.
Item #8.1.
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Objective H-2.3Address the impacts of nonresidential
development and market-rate residential
development on the demand for, and the
development of, affordable housing.
Policy
P2.3-1 Offset the impact of new nonresidential development and market-rate residential development on the need for, and the provision of, housing affordable to extremely low-, very low-, low-, and moderate-income households.
Actions
A2.3-1 Charge affordable housing linkage fees on nonresidential development that are deposited in the Affordable Housing Fund to be used, in part, to increase the supply of affordable housing.
Periodically review and revise the fees as necessary.
Time Frame: Ongoing; provided by CMC Section 17.08.020(B) Within two years of Housing Element certification
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, conduct a code audit of CMC
Chapter 17.08 Affordable Housing to ensure that funds
generated by the policies (including nonresidential
linkage fees) are sufficient to increase the supply of
affordable housing. Annually review and revise the fees as necessary.
Objective H-3.1Minimize the loss of existing housing units.
Policies
P3.1-1 Discourage the loss of existing housing by new development, expansion of existing development, and conversion to
nonresidential uses.
Goal H-3 Maintain the City’s housing stock and protect the affordability of affordable units.
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P3.1-2 Prohibit the conversion of mobile home parks to other uses.
P3.1-3 Prohibit vacation rentals to maximize housing available to serve the needs of the community members.
Actions
A3.1-1 Where the loss of affordable housing occurs through demolition or conversion, these units shall be replaced on-site or elsewhere. The City Council may allow the payment of an inlieu fee to the Affordable Housing Fund for lost units in addition to any affordable housing linkage fee in cases where the proposed uses clearly provide other benefits to the City.
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, City Council
A3.1-2 Continue to actively enforce the Zoning Code’s prohibition of vacation rentals (i.e., the renting of homes for fewer than 30 days).
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, Police Department
Objective H-3.2Minimize the conversion of affordable units to market-rate units.
Policies
P3.2-1 Monitor affordable housing projects to ensure their continued occupancy by eligible individuals and households.
P3.2-2 Control rent increases on mobile home park spaces.
Actions
A3.2-1 Monitor deed-restricted affordable housing projects to ensure compliance with affordability requirements and restrictions.
Time Frame: Ongoing. Monitoring reports verifying rents and household incomes completed by Housing Authority of the City of Napa annually.
Responsible Entities: Planning and Building Department, Housing Authority of the City of Napa
A3.2-2 Continue to administer the Mobile Home Rent Stabilization Ordinance and defend it against legal challenges. Monitor the Item #8.1.
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effectiveness of the Ordinance and revise if necessary to maximize its effectiveness.
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, City Council
LEGAL MANDATE: Rent increase guidelines
established by State Law (AB 978)
Objective H-4.1Promote housing for special-needs population groups.
Policies
P4.1-1 Provide incentives to projects providing housing for specialneeds population groups.
P4.1-2 Provide information on local services and housing resources to special-needs population groups.
P4.1-3 Collaborate with Napa County and non-profit organizations to promote housing for special-needs population groups.
P4.1-4 Improve disabled accessibility to existing residences and promote universal design in new residences.
P4.1-5 Encourage larger residential development projects to provide a range of unit sizes.
Actions
A4.1-1 Approve residential density bonuses and incentives consistent with the provisions of State law for senior housing projects and any other special needs focused housing proposed.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department, Planning Commission
A4.1-2 Collaborate with Napa County, the agricultural industry, and non-profit organizations to assess the needs, plans, and funding Goal H-4 Address the housing needs of special-needs
population groups, including seniors, farmworkers,
people with disabilities including developmental
disabilities, large families, and female-headed
households.
Item #8.1.
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for developing farmworker housing to meet the needs of
permanent and seasonal laborers.
Time Frame: Ongoing. Continue to provide annual funding to the Napa County Housing Authority to support the three farmworker housing centers, including the Calistoga Center. At least annually
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Meet annually with the Housing
Authority of the City of Napa (HACN) and the Napa
County Housing Authority and continue to provide
annual funding to the Napa County Housing Authority
to support the three farmworker housing centers,
including the Calistoga Center.
A4.1-3 Collaborate with Napa County and non-profit organizations to assess the needs of the homeless by participating in efforts to survey this population and providing funding or other support to ensure the provision of shelters on a regional basis.
Time Frame: Ongoing. The City provides annual funding to Community Action Napa Valley to support homeless services.
Meet annually
Responsible Entities: Planning and Building Department, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Meet annually with Napa
County Housing & Homeless Services and non-profit
organizations to ensure that the City’s annual funding
to Community Action Agencies (such as Community
Action Napa Valley) continues to be sufficient to
support homeless and related services.
A4.1-4 Provide information about the 211-phone system, which provides assistance to persons in need of emergency shelter.
Item #8.1.
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Time Frame: Ongoing. The City provides this information at city offices and on its website.
Responsible Entities: Planning and Building Department, Police Department
A4.1-5 Maintain an up-to-date Housing Resources page on the City’s website that provides information on the City’s housing programs and links to the websites of local housing
organizations and housing agencies that provide additional housing programs.
Time Frame: Ongoing Conduct quarterly assessment
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct quarterly assessment
of City’s Housing Resources webpage to update and
refresh local housing programs and links to local
housing organizations and housing agencies that
provide affordable housing programs and resources
with information on tenant and landlord rights and
responsibilities.
A4.1-6 As part of the project review process, provide incentives to market-rate rental housing projects of 10 or more units that provide affordable three- and four- bedroom units, which may include waivers from or modifications to development standards as determined to be appropriate through the development review process.
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, Planning Commission
A4.1-7 Encourage developers of affordable housing projects to designate a share of the units for the disabled, including developmentally disabled persons.
Time Frame: Ongoing During permit review
Responsible Entities: Planning and Building Department, Planning Commission, City Council
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HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: During permit review, require
that developers of affordable housing projects comply
with state and federal laws related to provision of units for the disabled, including developmentally disabled
persons.
REVISION CONSIDERED / NOT RECOMMENDED:
Within one year of Housing Element certification, amend zoning ordinance to establish regulatory concessions or waivers for projects including units deed restricted for developmentally disabled persons.
A4.1-8 Amend Zoning Code Chapter 17.04, Definitions, to update the definition for “Low Barrier Navigation Center” consistent with state law. Amend the Downtown Commercial Zoning District to allow low barrier navigation centers as a permitted use by right.
Time Frame: Within one year of Housing Element certification Responsible Entities: Planning and Building Department, Planning Commission, City Council
Objective H-4.2Financially support housing for special-needs population groups.
Policy
P4.2-1 Provide local funding to support housing for special-needs population groups.
Actions
A4.2-1 Maintain the City’s Affordable Housing Fund as a source of funding for housing for special-needs population groups.
Time Frame: Ongoing Within one year of Housing
Element certification
Responsible Entity: City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
Item #8.1.
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PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year of Housing
Element certification, amend CMC Chapter 17.08
Affordable Housing to include housing for special-needs population as eligible for revenue from the City’s
Affordable Housing Fund.
A4.2-2 Allocate, as economic resources permit, a portion of any tax revenue resulting from new development, including transient occupancy tax (TOT), to support housing opportunities for special-needs population groups.
Time Frame: Ongoing
Responsible Entity: City Council
PLANNING COMMISSION REVISION
RECOMMENDATION: DELETE – combined with A4.2-
1 A4.2-3 Use loan repayments from the CDBG account to fund programs and projects that benefit special-needs population groups.
Time Frame: Ongoing. Funds from this account are used
annually to support contract services with the City of Napa Housing Authority (grant applications and program
administration), Napa Valley Community Action (homeless services), and Rebuilding Calistoga.
Responsible Entity: City Council
Objective H-4.3Pursue state and federal funding assistance appropriate to Calistoga’s needs for specialneeds housing.
Policy
P4.3-1 Use state and federal funding assistance, to the extent these subsidies are available and appropriate to Calistoga, to assist special-needs population groups in need of affordable housing and developers interested in constructing such housing.
Actions
A4.3-1 Use local funding to leverage funding available from federal, state, county, and private funding sources for special needs groups.
Item #8.1.
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Time Frame: Ongoing.
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Continue to pursue grant
funding available from federal, state, county, and
private funding sources for special needs groups and
convey on the Housing Resources page on the City’s
website.
A4.3-2 Maintain a Housing Resources page on the City’s website that provides information on resources for special-needs population groups and links to the websites of local housing organizations and housing agencies.
Time Frame: Ongoing Conduct quarterly updates
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct quarterly updates of
the Housing Resources page on the City’s website that
provides information on resources for special-needs
population groups and links to the websites of local
housing organizations and housing agencies
Objective H-4.4Provide access to housing for people with disabilities including developmental disabilities.
Policy
P4.4-1 Maximize accessibility to housing units for people with disabilities.
Actions
A4.4-1 Enforce State requirements for accessibility and adaptability in remodeled and new housing projects.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department
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A4.4-2 Enforce the City’s Universal Design Policy that requires accessible design features to be incorporated into newlyconstructed and substantially-rehabilitated single-family and duplex residences to the maximum feasible extent, and update as necessary.
Time Frame: Ongoing Within two years of Housing
Element certification
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, review the City’s Universal
Design Policy that requires accessible design features to be incorporated into newly-constructed and
substantially-rehabilitated single-family and duplex
residences to the maximum feasible extent, and update
as necessary.
A4.4-3 Seek grants to retrofit existing housing to provide disabled accessibility.
The current HOME Owner-Occupied Rehabilitation Program
provides funding for such retrofits.
Time Frame: Ongoing Annually
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Annually, pursue grant funding
to retrofit existing housing to provide disabled
accessibility.
A4.4-4 Inform the public about the City’s reasonable accommodations provisions that allow modifications to the City’s development standards for persons with disabilities seeking equal access to housing.
Time Frame: Ongoing
Item #8.1.
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Responsible Entity: Planning and Building Department
Objective H-4.5Support farmworker and other workforce
housing models.
Policy
P4.5-1 Promote development of cooperative housing as a long-term solution to workforce housing needs.
P4.5-2 Collaborate with major local employers to identify gaps in knowledge and resources among in-need local workers.
P4.5-3 Provide wrap-around services for farmworkers, including housing for farmworker families.
Actions
A4.5-1 Conduct two public workshops with worker organizations and cooperative housing specialists on the viability of cooperative housing as a housing solution to accommodate workforce
housing.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Chamber of Commerce
A4.5-2 Invite major employers and worker organizations, as well as local organizations such as Fair Housing Napa Valley and the UpValley Family Center, to a public forum in order to identify clear needs and available resources for workforce housing opportunities.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Chamber of Commerce
A4.5-3 Collaborate with County and local organizations such as Fair Housing Napa Valley and the UpValley Family Center to bring more bilingual/multilingual service providers to existing farmworker housing centers.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
Item #8.1.
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PLANNING COMMISSION REVISION
RECOMMENDATION: Annually, meet with County
and local organizations such as Fair Housing Napa
Valley and the UpValley Family Center to ensure that
city funding contributions are sufficient to adequately provide bilingual/multilingual service to existing
farmworker housing centers and expand budgets if
necessary.
A4.5-4 Seek grants and funding opportunities for farmworker family housing in Calistoga.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department
PLANNING COMMISSION REVISION
RECOMMENDATION: DELETE – resolved by A 4.1-2
Objective H-5.1Preserve and improve the quality of existing housing.
Policies
P5.1-1 Enforce health and safety codes and abate unsafe living conditions, giving property owners ample opportunities to correct deficiencies within a reasonable time frame.
P5.1-2 Encourage homeowners to maintain their property in a safe condition.
P5.1-3 Make use of governmental programs targeted at the rehabilitation of housing for lower-income households.
Actions
A5.1-1 Offer technical assistance to aid homeowners in maintaining, upgrading, and improving their property.
Time Frame: Ongoing Conduct annual outreach events
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
Goal H-5 Maintain and enhance the physical condition and aesthetic qualities of existing residential neighborhoods.
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PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct annual outreach
events (workshops or webinars, City website notices,
public counter material, direct mailings, etc.) targeting low-income homeowners to offer technical assistance in
maintaining, upgrading, and improving their property.
A5.1-2 Provide funding and cooperate with volunteer groups such as Rebuilding Calistoga to help lower-income households maintain and upgrade their property.
The HOME Owner-Occupied Rehabilitation Program provides funding for such maintenance and upgrades.
Time Frame: Ongoing. Annually Annual funding is provided to Rebuilding Calistoga.
Responsible Entity: Planning and Building Department, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Annually, meet with volunteer
groups such as Rebuilding Calistoga to coordinate in
pursuing CDBG Grant funding to help lower-income
households maintain and upgrade their property.
A5.1-3 Continue to correct health and safety issues identified during routine building permitting and inspection activities.
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, Fire Department
A5.1-4 Develop and adopt a procedure as part of the City’s Code Enforcement Program for the City to intervene when a
property is becoming seriously deteriorated, especially if it is of historic significance.
Time Frame: Within three years of Housing Element certification Responsible Entities: Planning and Building Department, Police Department
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A5.1-5 Maintain an annual inspection program to enforce health and safety codes and abate unsafe living conditions in the City’s multi-family housing complexes and mobile home parks.
Time Frame: Ongoing. The City inspects one mobile home park annually and all multi-family housing is inspected annually.
Responsible Entities: Planning and Building Department, Fire Department
Objective H-5.2Encourage private investment in older
residential neighborhoods and the private
rehabilitation of housing.
Policy
P5.2-1 Support the maintenance and revitalization of Calistoga’s older residential neighborhoods.
Actions
A5.2-1 Maintain good repair of streets, sidewalks, and other municipal systems in older residential neighborhoods.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department
A5.2-2 Allow the application of the State’s Historic Building Code to qualified homes in order to provide flexibility in rehabilitation and modification efforts.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department
A5.2-3 Publicize the City’s Mills Act program to encourage owners of qualified owner-occupied homes to actively participate in the rehabilitation, restoration, preservation, and maintenance of their historic property in exchange for a reduction in their property taxes.
Time Frame: Ongoing. Annual outreach events
Information is provided on the City’s website and to property owners of historic properties who apply for building permits.
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
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PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct annual outreach
events (workshops or webinars, City website notices,
public counter material, direct mailings, etc.)
publicizing the City’s Mills Act program to encourage
owners of qualified owner-occupied homes to actively
participate in the rehabilitation, restoration,
preservation, and maintenance of their historic
property in exchange for a reduction in their property
taxes.
Objective H-5.3Ensure new housing development complements Calistoga’s rural small-town community identity, incorporates quality design, and
complies with objective design standards when
applicable.
Policies
P5.3-1 Encourage good design that incorporates and/or respects neighborhood and community characteristics.
P5.3-2 Encourage larger residential subdivisions to provide a range of lot sizes and designs.
Actions
A5.3-1 The City’s residential design standards, the General Plan’s Character Area Overlay Districts, and objective design
standards when adopted shall be considered in the review of proposed residential projects.
Time Frame: Ongoing
Responsible Entities: Planning and Building Department, Planning Commission
A5.3-2 As part of the project review process, encourage new residential subdivisions of ten or more lots or units to provide a range of lot sizes and designs to the extent feasible, and avoid “cookie cutter” approaches to subdivision design.
Time Frame: Ongoing Within one year Housing
Element certification
Responsible Entities: Planning and Building Department, Planning Commission
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HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year Housing
Element certification, amend CMC Chapter 17.41
Design Review to include elements in objective design
standards referenced in A1.2-7 and A5.3-1 related to
site design and lot configurations to ensure context
sensitivity.
NOTE: underway by consultant – review/amend at
Staff/PC/CC.
A5.3-3 Consider applying objective design standards referenced in A1.2-7 and A5.3-1 for non-ministerial review development projects.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year Housing
Element certification, amend CMC Chapter 17.41
Design Review to include elements in objective design
standards referenced in A1.2-7and A5.3-1 related to
non-ministerial review of development projects .
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Objective H-6.1Streamline the City’s permit review process, simplify regulations, and minimize fees to
promote the provision and maintenance of
housing.
Policies
P6.1-1 Maintain development and permitting procedures that are efficient and do not constrain the production of housing.
P6.1-2 Reduce parking requirements for residential uses that share commercial parking, where appropriate.
P6.1-3 Ensure that parking requirements for senior housing are the minimum necessary to provide adequate parking.
Actions
A6.1-1 Allow use of the Historic Building Code to facilitate the rehabilitation of historic residences.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department
A6.1-2 Modify the Zoning Ordinance so that parcels in the Site Inventory identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lowerincome households are eligible for by-right processing with ministerial review. Before modification of the Zoning
Ordinance, the City should consider identification of any biological or cultural resources on the Reuse Sites that may impact the development viability of the identified sites.
Timeframe: By January 2026
Responsibility: Planning Division, Planning Commission, City Council
LEGAL MANDATE: Implements State Law (SB 35,
S330): Reuse sites are subject to streamlining which
permits sites with an allowed density of 20 units/acre
and 20 percent of total units at low-income affordability levels allowed ministerial review of development. Of
the 36 Reuse Sites, 15 are zoned CC, DC, or R-3 – all of which allow up to 20 units/acre.
Goal H-6 Remove governmental constraints to the maintenance, improvement, and development of housing, where feasible.
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A6.1-3 Allow the joint utilization of parking spaces where it can be demonstrated that shared use will not result in an unacceptable impact on parking in the public right-of-way or on off-street parking lots.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department.
Objective H-7.1Provide housing opportunities for all persons regardless of race/ethnicity, color, national
origin, sex(including gender identity and sexual
orientation), religion, age, ancestry, marital
status, children, familial status, or disability.
Policies
P7.1-1 Support fair and equal housing opportunities for all Calistoga residents and work to eliminate discriminatory housing
practices.
P7.1-2 Support organizations that provide equal housing services to Calistoga residents.
Actions
A7.1-1 Provide bilingual information about fair housing at public locations, including displaying printed materials at City Hall, providing printed materials to the UpValley Family Center, and including links to fair housing resources on the Housing Resources page of the City’s website.
Time Frame: Ongoing Annual outreach events
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION:
Goal H-7 Prevent housing discrimination on the basis of race/ethnicity, color, national origin, sex (including gender identity and sexual orientation), religion, age, ancestry, marital status, children, familial status, or disability.
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Conduct annual outreach events (workshops or
webinars, City Housing Resources page, public postings, public counter and UpValley Family Center material,
direct mailings, etc.) providing bilingual information
about fair housing at City Hall and including links to fair housing resources.
A7.1-2 Provide financial support to, and work with local organizations, such as Fair Housing Napa Valley and the UpValley Family Center, to provide multi-lingual landlord-tenant education, conciliation, and the intake of discrimination complaints, investigation, and enforcement.
Time Frame: Ongoing. Annual outreach events The City
provides annual funding to both of these groups.
Responsible Entities: Planning and Building Department, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Contribute annual funding and
conduct annual outreach events (workshops or
webinars, City Housing Resources page, public postings, public counter and UpValley Family Center material,
direct mailings, etc.) for local organizations, such as Fair Housing Napa Valley and the UpValley Family
Center, to provide multi-lingual landlord-tenant
education and conciliation and publicize the intake
process for discrimination complaints.
A7.1-3 Include a Fair Housing Marketing Plan as part of housing opportunities created through the City’s affordable housing programs.
Time Frame: Ongoing Within two years of Housing
Element certification
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
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PLANNING COMMISSION REVISION
RECOMMENDATION: Within two years of Housing
Element certification, release a request for proposals
for the creation of a Fair Housing Marketing Plan as
part of housing opportunities created through the
City’s affordable housing programs.
A7.1-4 Continue to implement fair housing practices in affordable housing programs, such as the HOME residential rehabilitation program.
Time Frame: Ongoing
Responsible Entity: Planning and Building Department
A7.1-5 Consider adopting a just cause eviction ordinance.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, Planning Commission, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year of Housing
Element certification, begin the process for adopting a just cause eviction ordinance.
Objective H-8.1Reduce energy demand in new and existing housing through conservation and efficiency.
Policies
P8.1-1 Promote the use of energy conservation features in the design of new and remodeled residential structures.
P8.1-2 Encourage sustainable design and construction practices in new residential development projects.
Goal H-8 Reduce energy use and greenhouse gas production in existing and new residential development.
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Actions
A8.1-1 Publicize the availability of weatherization and energy-efficiency programs for existing residences that are offered by utility companies and other organizations.
Time Frame: Ongoing. Annual outreach events
Information about the HERO and CalFirst loan programs is posted on the City’s website.
Responsible Entity: Planning and Building Department
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct annual outreach
events (workshops or webinars, City Housing Resources
page, public postings, public counter, direct mailings, etc.) to publicize on the City’s website the availability of HERO and CalFirst loan programs for weatherization
and energy-efficiency programs for existing residences
that are offered by utility companies and other
organizations.
A8.1-2 Ensure efficient water use for irrigation by adopting the State’s standards for water-efficient landscape design.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, City Council
A8.1-3 Fund energy conservation improvements through local rehabilitation programs to assist lower-income households in lowering energy expenses.
Time Frame: Ongoing. Annually The current HOME
rehabilitation program includes funding for energy-efficiency improvements.
Responsible Entity: Planning and Building Department, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
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PLANNING COMMISSION REVISION
RECOMMENDATION: Conduct annual outreach
events (workshops or webinars, City Housing Resources
page, public postings, public counter, direct mailings, etc.) to publicize on the City’s website the availability of HOME rehabilitation funding for energy conservation
improvements to assist lower-income households in
lowering energy expenses.
A8.1-4 Consider a local ordinance (i.e. “reach codes”) promoting energy efficient house construction to reduce energy
consumption beyond what is required in State codes, in newly built residential development.
Time Frame: Within one year of Housing Element certification Responsible Entity: Planning and Building Department, City Council
HCD COMMENT: Policy must contain more specific
action, clear deliverable, specific time frame for
implementation.
PLANNING COMMISSION REVISION
RECOMMENDATION: Within one year of Housing
Element certification, adopt a local ordinance (i.e.
“reach codes”) promoting energy efficient house
construction to reduce energy consumption beyond
what is required in State codes, in newly built
residential development.
Quantified Objectives
The following quantified objectives are based on the Housing Element’s identification of existing and projected housing needs, potential housing development sites and financial resources, and the Element’s analysis of constraints to the development and maintenance of housing. This information has been used to establish reasonable estimates of what these programs and policies can accomplish.
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The tables below estimate the number of units that could be constructed, rehabilitated, and conserved/preserved during the planning period (i.e. June 30, 2022 through January 15, 2031). The quantified objectives do not represent a ceiling, but rather set a minimum goal for the City to achieve, based on needs, resources, and constraints.
Construction Objectives
The quantified objectives for housing construction are based on the approved and under-construction housing units shown in Table 5-3 and projected accessory dwelling units. Refer to Chapter 5: Housing Sites and Resources for details on the methodology for estimating pipeline units and accessory dwelling unit projections. The 128 potential units exceeds the City’s share of regional housing needs for the period (i.e., 119), with the City meeting housing targets for units affordable to very low-, low-, moderate-, and above moderate- income households.
TABLE 8-1 CONSTRUCTION OBJECTIVES FOR HOUSING,
6 TH CYCLE: 2023 – 2031
Calistoga Population Growth Trends, 1990-2020
Target Income Group Construction
Objective
Extremely Low (0-30%
AMI) 61
Very Low (31 - 50% of
AMI) 6
Low (51 - 80% of AMI) 0
Moderate (81 - 120% of
AMI) 11
Above Moderate (120% of
AMI) 50
Total 128
Rehabilitated Housing Objectives
The rehabilitated housing objectives are the number of units that may be rehabilitated during the planning period. Based on the City’s past grant history, Calistoga’s Housing Rehabilitation Program is estimated to result in the rehabilitation of 16 homes over the planning period.
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TABLE 8-2 REHABILITATED HOUSING OBJECTIVES
CDBG Funding 12 Units
HOME Rehabilitation Program 4 Units
Total 16 Units
Special Housing Needs Objectives
The special housing needs objectives are the number of units that will be provided for special needs groups. They are based on the Calistoga Family Apartments project, which was completed in 2015.
TABLE 8-3 SPECIAL HOUSING NEEDS OBJECTIVES
Units by Special Needs Group
Disabled
accessible1
Disabled
adaptable2
Farmworker
household
Hearing
impaired3
Calistoga Family
Apartments 3 22 48 1
Conserved Affordable Housing Objectives
The conserved affordable housing objectives are the number of units whose affordability will be preserved during the planning period through deed restrictions and the City’s mobile home park rent stabilization ordinance.
TABLE 8-4 CONSERVED AFFORDABLE HOUSING
OBJECTIVES
No. and Target Income Groups
Housing with long-term
affordability restrictions1
17 moderate income units
Mobile home park rent
stabilization ordinance 556 low and moderate income units Total 573 low and moderate income
units
1 Incorporates the principles of Universal Design
2 Entry to first floor is disabled-accessible, and an accessible path of travel is provided within unit
3 Designed with special lighting and equipment such as paging devices from the entryway to the rooms, vibrating alarm systems, computer teletype technology, strobe lighting to alert residents to smoke or fire 1 Table 4-21: Restricted Affordable Housing Units
(as of 2021)
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Summary of Objectives
Many programs and policies reduce barriers and create opportunities for a balanced community. These goals are essential to meeting the City’s housing needs, but are more qualitative in general.
Based on the City’s past grant history, Calistoga’s Housing Rehabilitation Program is estimated to result in the rehabilitation of 16 homes over the planning period
Calistoga will also work to preserve the 17 housing units allocated for moderate incomes in the Palisades Subidivision, which is currently at moderate risk of expiration. In addition, the mobile home park rent stabilization ordinance will continue to preserve affordability of Calistoga’s 556 mobile home park units. The affordability of these units is based on a 2013 survey.
Calistoga reasonably expects that a total of 128 units will be constructed, 40 units will be rehabilitated, and 17 will be preserved, as described by the tables below:
TABLE 8-5 PROJECTED HOUSING SUMMARY OF UNITS
CONSTRUCTED, REHABILITATED, AND CONSERVED
Income
Category
6 th Cycle
Opportunity
Sites
(Minimum
Density)
Accessory
Dwelling
Units
Pipeline
Projects Rehabilitation Conservation/ Preservation
Extremely
Low 61 4 0 8 161
Very Low 6 3 24 4 172
Low 0 7 45 4 161
Moderate 11 7 16 0 79
Above
Moderate 50 3 43 0 0
Sub-Totals 128 24 128 16 573
TOTAL 869 units
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TABLE 8-6 NEW HOUSING UNITS BY AFFORDABILITY
Calistoga Population Growth Trends,
1990-2020
Type of Unit Number of
Units
New Affordable Units 773
New Market Rate Units 96
Total Units 869
Item #8.1.
ATTACHMENT B
Draft 2023-2031 Housing Element (track change version)
Attachments available on the City website at:
https://www.ci.calistoga.ca.us/city-hall/departments-services/planning-buildingdepartment/planning-division/calistoga-housing-element-project Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 1 of 28
ATTACHMENT D
HE POLICY REVIEW MATRIX
Planning Commission Comments – 11.02.2022
EXISTING ACTIONS HCD COMMENT
# Language Time Frame Responsibility ACTION DELIVERABL
E
DATE
PROPOSED
Language Options
GOAL 1 – HOUSING SITES. Maximize opportunities for the development of housing to accommodate anticipated growth and facilitate mobility within the ownership and rental housing markets.
Objective 1.1 – Ensure that an adequate amount of land is available for residential development for all economic segments of the community and to meet the city’s regional share of housing needs.
A1.1-1
TOPIC: DOWNZONING
When reviewing proposed
residential development projects
and proposals to downzone
residential properties or reclassify
residentially-designated property to
other uses, consider the potential
impact on the ability of the City to
provide adequate sites for
residential development for all
economic segments of the
community and achieve its
quantified housing objectives.
Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
X
Prohibit downzone or
reclassification to nonresidential uses of residentiallydesignated property.
STATE LAW – No Net Loss law
in effect for residentially zoned
sites (except in very high fire
hazard zones).
PC/HAC – agree.
-ORWhen reviewing proposed
residential development projects
and proposals to downzone
residential properties or reclassify
residentially-designated property
to other uses, require Applicant
submit impact analysis to
quantify the potential impact on
the ability of the City to provide
adequate sites for residential
development for all economic
segments of the community and
achieve its quantified housing
objectives.
RK – If analysis finds significant
detrimental impact, Applicant shall
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 2 of 28
provide solution.
TW – Planned Developments may
include non-residential uses within
residential proposal so long as the
underling number of residential
units remain the same.
A1.1-2
Ensure that any amendments to the
Housing Element or other General
Plan elements maintain internal
consistency within the General Plan
as a whole.
Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
A1.1-3
Evaluate General Plan objectives,
policies, and actions for consistency
with State law and amend as
needed to ensure consistency with
objective design standards and
Housing Element objectives to
encourage housing. Review of
General Plan should include, but
are not limited to: Objective LU 1.4,
LU P1.4-1, LU A1.4-1, Objective LU
3.2, LU P3.2-1, LU A3.2-1, LU
P4.1-4, Objective CI 1.1, CI P1.1-1,
OSC P5.2-1, OSC P5.2-4.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
TW – can we tighten up
“measurable design standards”.
STAFF – state defined term:
“objective design standards”.
A1.1-4
Modify municipal code to allow for
multifamily housing on vacant or
underutilized portions of lots larger
than one acre if allowed under
zoning and land use controls. New
housing would require sufficient
distance from existing uses to
mitigate noise, health, and safety
risks. An entrance to the lot
separate from the entrance for the
existing use may be ideal.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
TW – Isn’t this already allowed
under the Municipal Code?
STAFF – Yes, delete action.
SC – reducing the constraints on
multifamily housing projects are a
necessary evil if we are to
address the issue, even though I’d
rather not see one pop up next
door. This would cause
consternation for property owners,
but they/we’ll just have to deal
with it to address the housing
problems. IE the Washington
street 4 plex now 3 plex.
Objective 1.2 – Make effective use of residential development sites.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 3 of 28
A1.2-1
Encourage new residential
development to be built to the
maximum number of dwelling units
prescribed by the General Plan for
specific properties, subject to
conformance with the City’s
residential design guidelines and
the General Plan’s residential
design policies.
(2015-2023 HE - Policy P1.2-1 Make the
best use of available housing sites when
they are developed. Action A1.2-1
Encourage new residential development to
be built with no less than 50 percent of the
maximum number of dwelling units
prescribed by the General Plan for specific
properties, subject to conformance with the
City’s residential design guidelines and the
General Plan’s residential design policies.
REF: A2.1-5
(CMC 17.08.020 Affordable Housing)
Ownership projects with 20 or more dwelling
units and rental projects of five or more units
shall provide inclusionary housing units as
follows:
a. At least 20 percent of the project’s total
dwelling units shall be sold or rented at
prices or rents affordable to moderateincome households and shall be restricted to their purchase or rental and occupancy by
such households (“inclusionary units”).
b. Alternatively, at least 10 percent of the
project’s total dwelling units shall be sold or
rented at prices or rents affordable to lowincome households and shall be restricted to their purchase or rental and occupancy by
such households (“inclusionary units”).
Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
X X X
Within one year of Housing
Element certification, amend
Zoning Code to specify
minimum residential density
within the range prescribed by
the General Plan for multi-family
and commercial properties,
subject to conformance with the
City’s residential design guidelines
and all applicable General Plan
residential design policies.
MV – agree.
-ORDuring pre-application
conferences and application
completeness review,
encourage new residential
development to be built to the
maximum number of dwelling
units prescribed by the General
Plan for specific properties,
subject to conformance with the
City’s residential design guidelines
and the General Plan’s residential
design policies.
RK – Require applicants with new
developments to provide
affordable housing units within or
outside the proposed
development when prescribed
maximum number of dwelling
units prescribed in the general
plan are not met. (Propose 20%
of total units).
TW – Prefer the proscribed
version subject to environmental
limitations.
STAFF – Recommended
response above.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 4 of 28
A1.2-2
Consider amendments to the
Zoning Code’s regulations for
accessory dwelling units to
encourage their development, such
as incentives to build and rent out
accessory dwelling units to lower
income community members and
local workers.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, amend
Zoning Code’s regulations for
accessory dwelling units to
encourage their development,
such as incentives to build and
rent out accessory dwelling units
to lower income community
members and local workers.
MV – agree.
RK – agree.
SC – agree.
A1.2-3
Continue to partner with the
Housing Authority of the City of
Napa (HACN), Napa/Sonoma
Collaborative, and other non-profits
to educate homeowners on
accessory dwelling units and
encourage increased construction.
Ongoing
Planning and
Building
Department
X X
Within one year of Housing
Element certification, amend
the ADU ordinance to include
provisions less restrictive than
state law requirements.
Examples for Council to consider include:
▪ Allowing two-story ADUs
▪ Front yard setbacks that match the
main house
▪ Reduced side or rear yard setbacks
▪ No parking replacement required
▪ Defining “attached” for purposes of a
Junior ADU created out of an
attached garage as “connected by a
common wall, or by a common roof,
covered walkway, carport or garage,
not more than twenty feet (20') wide.”
MV – less restrictive front-yard
setbacks, “attached” definition.
RK – Need to discuss to better
understand ramifications of
proposed action language.
TW – Need stipulated incentives
and measurable result minimums.
SC – need to incentivize though
design diversity.
A1.2-4
Consider amendments to the
Zoning Code to permit housing
cooperatives, adaptive reuse of
motels, and single residence
occupancies (SROs) in residential
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
X
Within one year of Housing
Element certification, amend
the Zoning Code to permit
adaptive reuse of inns and
motels and housing
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 5 of 28
and mixed-use zones. Council cooperatives in residential and commercial zones.
MV – possible?
RK – agree.
TW – Must include design
standards perhaps by additions to
the Design Guidelines as well as
the zoning requirements.
SC – I don’t see any way to reuse
motels given the demand and
budgetary need for TOT income.
A1.2-5
Conduct two public workshops with
homeowners on the viability of longterm rentals as a housing solution to accommodate workforce
housing. Invite restaurants, hotels,
and other hospitality-related
companies to participate in these
public workshops.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
A1.2-6
Partner with the Chamber of
Commerce to encourage
restaurants, hotels, and other
hospitality-related companies to
work with second home/vacation
home homeowners to provide longterm lease agreements for temporary workforce housing.
Consider programs to connect
interested homeowners with
employers or workers in search of
affordable housing opportunities.
Ongoing
Planning and
Building
Department,
Chamber of
Commerce
X X X
Within one year of Housing
Element certification, expand
contract with the Chamber of
Commerce to include annual
outreach events (open house,
workshop, presentation, etc.)
involving hospitality-related
companies and second
home/vacation home homeowners
to help facilitate the provision of
long-term lease agreements for
temporary workforce housing.
MV – # homes?
RK – agree.
TW – Will the Chamber be
responsible for management of
tenants?
A1.2-7
Adopt objective design standards
for residential development, which
will be applied to projects eligible
for ministerial review.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
RK – agree.
TW – This needs more
clarification and specificity. i.e.
Does this apply to a single
residential lot, or minimum size
parcel, or minimum unit count, etc.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 6 of 28
STAFF – Objective Design
Standards required by state law.
Objective 1.3 – Provide public services and facilities needed for the development of housing.
A1.3-1
Continuously update the Capital
Improvement Program to ensure
that sewer, water, and street
improvements facilitate residential
development.
Annually Public Works
Department
MV – Current capacity/availability
of infrastructure?
RK – agree.
TW – Propose possible design
standards modifications to better
conform to Calistoga and to
anticipate future climate change
mandates.
A1.3-2
Provide periodic reports to the City
Council on the available water
supply and wastewater treatment
capacity as part of the annual
General Plan Progress Reports.
Annually
Planning and
Building
Department
SC – Super important to monitor
the water supply and base future
building permit approval on
forecasted availability. We don’t
want to compromise our existing
demand if the situation continues
to worsen.
A1.3-3
Update reasonable, nexus-based
impact/connection fees on
development projects to support
adequate sewer, water and
transportation services, and parks
and cultural facilities.
Ongoing
Planning and
Building
Department
X
Within one year of Housing
Element certification, update
reasonable, nexus-based
impact/connection fees on
development projects to support
adequate sewer, water and
transportation services, and parks
and cultural facilities.
MV – agree.
RK – agree.
TW – agree.
A1.3-4
Periodically review and update
development-related
impact/connection fees to ensure
that fees are commensurate with
the cost to the City for providing
required infrastructure. Consider
reduction in fees for 100 percent
affordable housing projects and the
affordable portion of other projects.
Ongoing
Planning and
Building
Department,
Chamber of
Commerce
X X
Conduct annual reviews of
development-related
impact/connection fees and
update accordingly to ensure
that fees are commensurate with
the cost to the City for providing
required infrastructure, particularly
for 100 percent affordable housing
projects and the affordable portion
of other projects.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 7 of 28
MV – agree.
RK – agree.
TW – agree.
A1.3-5
Consider using the Affordable
Housing Fund to subsidize all or
part of the water and wastewater
connection fees for affordable
housing projects and affordable
units.
Ongoing City Council X X
Within one year of HE
certification, establish a
program to subsidize all or part
of development impact and
connection fees for affordable
housing projects with funding
assistance from sources such
as TOT, in-lieu fees,
development agreements,
inclusionary housing and/or
grant funding to support
provision of short-term, predevelopment, acquisition,
and/or construction funding.
MV – agree.
RK – Agree with proposed action
language except for development
agreements. The developer
should not be subsidized.
TW – agree. Fleshed out.
SC – Subsidizing water
connection fees is a good idea for
developments as that would
reduce the costs and help
encourage the idea
A1.3-6
Ensure that active transportation
grant funding for safe street
initiatives is aligned with housing
strategies.
Ongoing
Planning and
Building
Department, Public
Works Department
RK – agree.
TW – Needs to be better defined.
Too squishy.
STAFF – staff programming
A1.3-7
Incorporate housing policies and
Calistoga-specific policies from the
Blue Zones Project Upper Napa
Valley Blueprint, including but not
limited to adopting a smoke-free
ordinance for multifamily housing
properties that covers all exclusiveuse areas, interior unit spaces, as well as common areas not already
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
MV – ordinance that
covers smoke-free new multifamily construction?
RK – agree.
TW – There needs to be
accommodation for smokers
stipulated within any ordinance.
What agency will be responsible
for enforcement?
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 8 of 28
covered by state law. Identify other
housing policies from the Blueprint
appropriate for incorporation into
City policy as appropriate.
SC – Yes to anything Blue Zone,
and especially to adopting a
smoke free ordinance.
GOAL 2 – HOUSING DEVELOPMENT. Promote housing that meets the needs of extremely low-, low- and moderate-income households, particularly those who work in Calistoga.
Objective 2.1 – Encourage the development of affordable housing.
A2.1-1
Ensure compliance with Statemandated density bonuses and other incentives for projects that
reserve units for extremely low-,
very low-, low-, and moderateincome households.
Ongoing
Planning and
Building
Department
RK – agree.
TW – Do we have a choice?
STAFF – Keep
A2.1-2
Maintain the City’s Affordable
Housing Fund as a source of
funding for affordable housing to
extremely low-, very low-, low-and
moderate-income households.
Ongoing City Council X
Conduct annual assessments
to monitor the City’s Affordable
Housing Fund and convey to
public (via City website, notices
at the public counter, etc.) as a
source of funding for affordable
housing to extremely low-, very
low-, low-and moderate-income
households.
MV – agree.
RK – agree.
TW – Look for avenues to expand
outreach: Family Center, CUSD,
etc.
SC – I think we need to build up
the Affordable Housing Fund any
way possible, depending on
budgetary constraints. I’d be in
favor of increasing this fund any
way possible moving forward.
A2.1-3
Allocate, as economic resources
permit, a portion of any tax revenue
resulting from new development,
including transient occupancy tax
(TOT), to support housing
opportunities for extremely low-,
very low-, low-and moderateOngoing. Within
two years of
Housing
Element
certification,
pursue the
purchase of
City Council X
Within two years of Housing
Element certification, pursue
the purchase of property for the
construction of affordable
and/or special-needs housing
utilizing revenue from sources
such as TOT, in-lieu fees,
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 9 of 28
income households, including for
use in land banking, development
of affordable housing, or other uses
that will lead to more affordable
housing.
property for the
construction of
affordable
and/or specialneeds housing.
development agreements,
inclusionary housing and/or
grant funding.
MV – agree.
RK – The purchase should be a
“partnership” between private and
public sectors. Maybe the city
purchases the land, and the
developer performs the
construction.
TW – Will “new funds” amount to
a regressive tax from other
needs?
SC – Yes, it would be good to
devote a portion of any increase in
TOT from new developments to
the affordable housing fund.
A2.1-4
Use loan repayments from the
1980s CDBG residential
rehabilitation program to fund
programs and projects that benefit
extremely low-, very low-, low-and
moderate-income households.
Ongoing. Funds
from this
account are
used annually to
support contract
services with
the City of Napa
Housing
Authority (grant
applications and
program
administration),
Napa Valley
Community
Action
(homeless
services), Napa
Valley Fair
Housing and
Rebuilding
Calistoga.
City Council
A2.1-5
Change the zoning on housing
opportunity sites to allow ministerial
review of housing development
projects when a minimum of 20
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
RK – 20 percent of all housing
projects should be affordable
housing (on site or different site).
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 10 of 28
percent of the units in the
development are affordable to
extremely low-, very low-, low-, or
moderate-income households.*
REF: A1.2-1
(CMC 17.08.020 Affordable Housing)
Ownership projects with 20 or more dwelling
units and rental projects of five or more units
shall provide inclusionary housing units as
follows:
b. At least 20 percent of the project’s
total dwelling units shall be sold or
rented at prices or rents
affordable to moderate-income
households and shall be restricted
to their purchase or rental and
occupancy by such households
(“inclusionary units”).
b. Alternatively, at least 10 percent of the
project’s total dwelling units shall be sold or
rented at prices or rents affordable to lowincome households and shall be restricted to their purchase or rental and occupancy by
such households (“inclusionary units”).
Commission, City
Council TW – Suggest a PC subcommittee (2-members) added to internal review.
STAFF – * Required by SB 35:
ministerial review. Per statute:
“Ministerial processing” or
“ministerial approval” means a
process for development
approval involving little or no
personal judgment by the public
official as to the wisdom or
manner of carrying out the project.
The public official merely ensures
that the proposed
development meets all the
"objective zoning standards,"
"objective subdivision standards,"
and "objective design review
standards" in effect at the time
that the application is submitted to
the local government, but uses no
special discretion or
judgment in reaching a decision.
A2.1-6
Consider adopting CASA
(Committee to House the Bay Area)
Compact Element #7, which would
provide an expedited approval
process and financial incentives for
the provision of on-site housing
units affordable to the missingmiddle income ranges, which includes households that earn 80 to
120 percent AMI.
Element #7: Accelerate approval of zoningcompliant projects that provide on-site affordability for “missing middle” (restrict
>20% units to 80-150% AMI), pay prevailing
wage and use apprentice labor. Incentives
offered to offset higher costs to developer:
• 15 years of property tax increment
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, adopt
CASA (Committee to House the
Bay Area) Compact Element #7,
which would provide an expedited
approval process and financial
incentives for the provision of onsite housing units affordable to the missing-middle income ranges,
which includes households that
earn 80 to 120 percent AMI.
MV – agree.
RK – agree.
TW – Define “on-site”.
STAFF – same parcel, or
contiguous parcel under common
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 11 of 28
abatement, modeled on NYC program,
aimed at missing middle housing
• Impact fees capped at a reasonable
level
• Density bonus of 35%
• Parking minimums reduced to 50% of
local requirement
• Relief from strict liability standards for
ownership
ownership subject to applicable
GP, CMC policies and/or
regulations.
SC – Let’s take a look at the
reality of a 100% AMI income’s
ability to afford a home in
Calistoga. The 100% AMI income
limit in Calistoga is $119,400
which allows for maximum
monthly mortgage payments of
$4,974. Assuming the family has
no car payments and zero credit
card balances, and they have a
20% down payment, this would
allow for a purchase price of
approximately $800,000.
Providing down payment
assistance would help mitigate the
down payment, but the reality is
the monthly PITI cost would be
just over $5,000. A big chunk of
change for anyone.
Objective 2.2 – Pursue state and federal funding assistance appropriate to Calistoga’s needs for affordable housing.
A2.2-1
Use local funding to leverage
funding available from federal,
state, county, and private funding
sources for affordable housing and
housing for special needs groups.
Ongoing. Meet
with the
Housing
Authority of the
City of Napa at
least annually to
review
upcoming
funding
application
notices, identify
feasible
programs and
determine how
the Affordable
Housing Fund
and Community
Development
Planning and
Building
Department.
X X
Meet with the Housing Authority
of the City of Napa (HACN) at
least annually to review
upcoming Notices of Funding
Availability (NOFA) for the
purpose of identifying
opportunities to match local
funds with federal, state,
county, and private funding
sources for affordable housing
and housing for special needs
groups.
MV – agree.
RK – agree.
TW – Is HACN the only avenue
for funding sources?
STAFF – Yes.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 12 of 28
Fund can be
leveraged to
maximize the
likelihood of
success in
obtaining
funding awards.
Assist the
HACN in
applying for
suitable funding.
A2.2-2
Assist developers in seeking
funding for affordable housing from
at least three sources: (1) local
banks seeking to meet their
obligations under the Community
Reinvestment Act, (2) investors
seeking Low-Income Housing Tax
Credits, and (3) federal and state
funds, including those available
under the HOME program.
Ongoing
Planning and
Building
Department.
X X
Conduct annual outreach
events (workshops or webinars,
City website notices, public
counter material, postings,
regional coordination with
HACN and others, etc.)
targeting developers in seeking
funding for affordable housing
from at least three sources: (1)
local banks seeking to meet their
obligations under the Community
Reinvestment Act, (2) investors
seeking Low-Income Housing Tax
Credits, and (3) federal and state
funds, including those available
under the HOME program.
MV – agree.
RK – agree.
TW – agree.
SC – I would think that any
developer would be aware of all
the funding sources, but it couldn’t
hurt.
A2.2-3
Explore potential for a partnership
between the Planning and Building
Department and the Chamber of
Commerce to host annual
workshops on rental assistance
resources and services.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
X
Within one year of Housing
Element certification, expand
contract with the Chamber of
Commerce to include formalize
a partnership (in conjunction with
Policy A1.2-6) with the Planning
and Building Department to host
an annual workshop on rental
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 13 of 28
assistance resources and
services.
MV – agree.
RK – agree.
TW – Do we need the whole PC
or just a sub-committee? Would
this be an advertised public
meeting?
Objective 2.3 – Address the impacts of nonresidential development and market-rate residential development on the demand for, and the development of, affordable housing.
A2.3-1
Charge affordable housing linkage
fees on nonresidential development
that are deposited in the Affordable
Housing Fund to be used, in part, to
increase the supply of affordable
housing. Periodically review and
revise the fees as necessary.
Ongoing;
provided by
CMC Section
17.08.020(B)
Planning and
Building
Department.
X
Within one year of Housing
Element certification, conduct a
code audit of CMC Chapter
17.08 Affordable Housing to
ensure that funds generated by
the policies (including
nonresidential linkage fees) are
sufficient to increase the supply
of affordable housing. Annually
periodically review and revise
the fees as necessary.
MV – agree.
RK – agree.
TW – agree.
STAFF – check amount.
GOAL 3 – EXISITING HOUSING. Maintain the City’s housing stock and protect the affordability of affordable units.
Objective 3.1 – Minimize the loss of existing housing units.
A3.1-1
Where the loss of affordable
housing occurs through demolition
or conversion, these units shall be
replaced on-site or elsewhere. The
City Council may allow the payment
of an in-lieu fee to the Affordable
Housing Fund for lost units in
addition to any affordable housing
linkage fee in cases where the
proposed uses clearly provide other
benefits to the City.
Ongoing
Planning and
Building
Department, City
Council
RK – No in-lieu fees. Must
replace lost units with new units of
affordable housing.
TW – “other benefits to the City”
needs definitions and standards,
otherwise it’s just another
loophole.
SC – agree.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 14 of 28
A3.1-2
Continue to actively enforce the
Zoning Code’s prohibition of
vacation rentals (i.e., the renting of
homes for fewer than 30 days).
Ongoing
Planning and
Building
Department, Police
Department
RK – If violations continue, the
“rental” property owner needs to
convert to long term rental,
occupy themselves, or sell.
TW – Absolutely.
SC – Definitely.
Objective 3.2 – Minimize the conversion of affordable units to market-rate units.
A3.2-1
Monitor deed-restricted affordable
housing projects to ensure
compliance with affordability
requirements and restrictions.
Ongoing.
Monitoring
reports verifying
rents and
household
incomes
completed by
Housing
Authority of the
City of Napa
annually.
Planning and
Building
Department,
Housing Authority
of the City of Napa
A3.2-2
Continue to administer the Mobile
Home Rent Stabilization Ordinance
and defend it against legal
challenges. Monitor the
effectiveness of the Ordinance and
revise if necessary to maximize its
effectiveness.
Ongoing
Planning and
Building
Department, City
Council
SC – Yes, we must keep the
mobile home rent stabilization
ordinance in place no matter what.
MV – State Law?
STAFF – AB 978
GOAL 4 – SPECIAL NEEDS. Address the housing needs of special-needs population groups, including seniors, farmworkers, people with disabilities including developmental disabilities, large families, and female-headed households.
Objective 4.1 – Promote housing for special-needs population groups.
A4.1-1
Approve residential density
bonuses and incentives consistent
with the provisions of State law for
senior housing projects and any
other special needs focused
housing proposed.
Ongoing
Planning and
Building
Department,
Planning
Commission
A4.1-2
Collaborate with Napa County, the
agricultural industry, and non-profit
organizations to assess the needs,
plans, and funding for developing
farmworker housing to meet the
Ongoing.
Continue to
provide annual
funding to the
Napa County
Planning and
Building
Department.
X X
Meet with the Housing Authority
of the City of Napa (HACN) and
the Napa County Housing
Authority at least annually to
continue to provide annual funding
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 15 of 28
needs of permanent and seasonal
laborers.
Housing
Authority to
support the
three
farmworker
housing centers,
including the
Calistoga
Center.
to the Napa County Housing
Authority to support the three
farmworker housing centers,
including the Calistoga Center.
STAFF – FY 22-23: $50,000
MV – agree.
RK – agree.
TW – Search for additional
funding sources beyond County.
USDG?
SC – Collaborate with the County,
but I’m unaware of any locations
with the City limits that might
accommodate farmworker
housing?
A4.1-3
Collaborate with Napa County and
non-profit organizations to assess
the needs of the homeless by
participating in efforts to survey this
population and providing funding or
other support to ensure the
provision of shelters on a regional
basis.
Ongoing. The
City provides
annual funding
to Community
Action Napa
Valley to
support
homeless
services.
Planning and
Building
Department, City
Council
CANV status
confirmed.
X X
Meet annually with Napa County
Housing & Homeless Services
and non-profit organizations
annually to ensure that the
City’s annual funding to
Community Action Agencies
(such as Community Action
Napa Valley) continues to be
sufficient to support homeless
and related services.
STAFF – FY 22-23: $16,000
MV – agree.
RK – Need confirmation that
CANV is the best recipient for
support of homeless services.
STAFF – response.
TW - Search for additional funding
sources beyond County. USDG?
SC – Thankfully homelessness is
not a problem in Calistoga, but
any collaboration is a good thing.
A4.1-4
Provide information about the 211-
phone system, which provides
assistance to persons in need of
emergency shelter.
Ongoing. The
City provides
this information
at city offices
and on its
website.
Planning and
Building
Department, Police
Department
RK – agree.
TW – Provide information how &
to whom?
STAFF – IT assessment
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 16 of 28
A4.1-5
Maintain an up-to-date Housing
Resources page on the City’s
website that provides information
on the City’s housing programs and
links to the websites of local
housing organizations and housing
agencies that provide additional
housing programs.
Ongoing
Planning and
Building
Department.
X
Conduct annual quarterly
assessment of City’s Housing
Resources webpage to update
and refresh local housing
programs and links to local
housing organizations and
housing agencies that provide
affordable housing programs
and resources with information
on tenant and landlord rights
and responsibilities.
STAFF – Programming feasible.
MV – agree.
RK – agree.
TW – Needs to be updated more
that once a year. Say quarterly.
A4.1-6
As part of the project review
process, provide incentives to
market-rate rental housing projects
of 10 or more units that provide
affordable three-and four-bedroom
units, which may include waivers
from or modifications to
development standards as
determined to be appropriate
through the development review
process.
Ongoing
Planning and
Building
Department,
Planning
Commission
A4.1-7
Encourage developers of
affordable housing projects to
designate a share of the units for
the disabled, including
developmentally disabled persons.
Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, amend
zoning ordinance to establish
regulatory concessions or
waivers for projects including
units deed restricted for
developmentally disabled
persons.
MV – agree.
-OREnsure that developers of
affordable housing projects
comply with state and federal
laws related to provision of
units for the disabled, including
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 17 of 28
developmentally disabled
persons. (RK) (TW – ensure
compliance with State & Federal
regulations.)
A4.1-8
Amend Zoning Code Chapter
17.04, Definitions, to update the
definition for “Low Barrier
Navigation Center” consistent with
state law. Amend the Downtown
Commercial Zoning District to allow
low barrier navigation centers as a
permitted use by right.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
Objective 4.2 – Financially support housing for special-needs population groups.
A4.2-1
Maintain the City’s Affordable
Housing Fund as a source of
funding for housing for specialneeds population groups.
Ongoing City Council X
Within one year of Housing
Element certification, amend
CMC Chapter 17.08 Affordable
Housing to earmark a source of
funding for housing for specialneeds population groups by, for example, allocating a percent
of the City’s Affordable Housing
Fund or increasing the percent
of TOT.
STAFF – Multiple referenced
Actions (1.3-5, 2.1-2, 2.1-3, 2.2-1,
2.3-1) for auditing CMC 17.08.
MV – agree.
RK – agree.
TW – Define use of funds. new
build only, conversion of existing
stock, etc?
SC – I’d say increase the AH fund
any way possible, within our
budgetary constraints.
A4.2-2
Allocate, as economic resources
permit, a portion of any tax revenue
resulting from new development,
including transient occupancy tax
(TOT), to support housing
opportunities for special-needs
population groups.
Ongoing City Council X
Eliminate Action – combined
with A4.2-1
MV – agree.
RK – agree.
TW – agree.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 18 of 28
A4.2-3
Use loan repayments from the
CDBG account to fund programs
and projects that benefit specialneeds population groups.
Ongoing. Funds
from this
account are
used annually to
support contract
services with
the City of Napa
Housing
Authority (grant
applications and
program
administration),
Napa Valley
Community
Action
(homeless
services), and
Rebuilding
Calistoga.
City Council
RK – agree.
TW – are these funds held by City
or County?
Objective 4.3 – Pursue state and federal funding assistance appropriate to Calistoga’s needs for special-needs housing.
A4.3-1
Use local funding to leverage
funding available from federal,
state, county, and private funding
sources for special needs groups.
Ongoing
Planning and
Building
Department.
X
Continually pursue funding
available from federal, state,
county, and private funding
sources for special needs
groups.
STAFF – Consultants provide
updates of all NOFAs.
MV – agree.
RK – change “continually” to
“annually”. Check with RK.
TW – agree.
A4.3-2
Maintain a Housing Resources
page on the City’s website that
provides information on resources
for special-needs population groups
and links to the websites of local
housing organizations and housing
agencies.
Ongoing
Planning and
Building
Department.
X
Conduct quarterly updates of
the Housing Resources page on
the City’s website that provides
information on resources for
special-needs population
groups and links to the
websites of local housing
organizations and housing
agencies.
STAFF – Programming feasible.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 19 of 28
MV – agree.
RK – agree.
TW – agree.
Objective 4.4 – Provide access to housing for people with disabilities including developmental disabilities.
A4.4-1
Enforce State requirements for
accessibility and adaptability in
remodeled and new housing
projects.
Ongoing
Planning and
Building
Department.
X X
Conduct annual assessments
of City’s enforcement of State
requirements for accessibility
and adaptability in remodeled
and new housing projects.
STAFF – Programming feasible.
MV – agree.
RK – agree.
TW – agree.
A4.4-2
Enforce the City’s Universal Design
Policy that requires accessible
design features to be incorporated
into newly-constructed and
substantially-rehabilitated singlefamily and duplex residences to the maximum feasible extent, and
update as necessary.
Ongoing
Planning and
Building
Department.
X
Within one year of Housing
Element certification, update
the City’s Universal Design
Policy that requires accessible
design features to be
incorporated into newlyconstructed and substantiallyrehabilitated single-family and duplex residences to the
maximum feasible extent, and
update as necessary.
STAFF – Adopted 2007, CMC
Chapter 15.08 (programmed for
audit).
MV – agree.
RK – Eliminate the word annually
– should read as necessary.
TW – ?
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 20 of 28
A4.4-3
Seek grants to retrofit existing
housing to provide disabled
accessibility.
Ongoing
Planning and
Building
Department.
X X X
Continually, pursue grant
funding to retrofit existing
housing to provide disabled
accessibility.
MV – agree.
RK – Change annually to
continually.
TW – agree.
A4.4-4
Inform the public about the City’s
reasonable accommodations
provisions that allow modifications
to the City’s development standards
for persons with disabilities seeking
equal access to housing.
Ongoing
Planning and
Building
Department.
X X
Within one year of Housing
Element certification, inform the
public via the City website
about the City’s reasonable
accommodations provisions
that allow modifications to the
City’s development standards
for persons with disabilities
seeking equal access to
housing.
STAFF – Programming feasible.
MV – agree.
TW – agree.
Objective 4.5 – Support farmworker and other workforce housing models.
A4.5-1
Conduct two public workshops with
worker organizations and
cooperative housing specialists on
the viability of cooperative housing
as a housing solution to
accommodate workforce housing.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
A4.5-2
Invite major employers and worker
organizations, as well as local
organizations such as Fair Housing
Napa Valley and the UpValley
Family Center, to a public forum in
order to identify clear needs and
available resources for workforce
housing opportunities.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
A4.5-3
Collaborate with County and local
organizations such as Fair Housing
Napa Valley and the UpValley
Family Center to bring more
bilingual/multilingual service
Within one year
of Housing
Element
certification
Planning and
Building
Department.
X
Within one year of Housing
Element certification,
collaborate with County and
local organizations such as Fair
Housing Napa Valley and the
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 21 of 28
providers to existing farmworker
housing centers.
UpValley Family Center to
ensure that city funding
contributions are sufficient to
adequately provide
bilingual/multilingual service to
existing farmworker housing
centers and expand budgets if
necessary.
STAFF – Current practice,
programming feasible.
MV – agree.
RK – agree.
TW – Listing of services to be
provided in order of priority should
be established to assist with
funding opportunities.
A4.5-4
Seek grants and funding
opportunities for farmworker family
housing in Calistoga.
Within one year
of Housing
Element
certification
Planning and
Building
Department.
X X
Eliminate – resolved by A 4.1-2:
Meet with the Housing Authority
of the City of Napa (HACN) and
the Napa County Housing
Authority at least annually to
continue to provide annual funding
to the Napa County Housing
Authority to support the three
farmworker housing centers,
including the Calistoga Center.
MV – agree.
RK – agree.
TW – agree.
SC – I’m still unsure where we’d
find land to accommodate
farmworker housing in the City
limits?
GOAL 5 – HOUSING MAINTENANCE. Maintain and enhance the physical condition and aesthetic qualities of existing residential neighborhoods.
Objective 5.1 – Preserve and improve the quality of existing housing.
A5.1-1
Offer technical assistance to aid
homeowners in maintaining,
upgrading, and improving their
property.
Ongoing
Planning and
Building
Department.
X X X
Conduct annual outreach
events (workshops or webinars,
City website notices, public
counter material, direct
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 22 of 28
mailings, etc.) targeting lowincome homeowners to offer technical assistance in
maintaining, upgrading, and
improving their property.
STAFF – Programming feasible.
MV – agree.
RK – agree.
TW – Needs more specific
deliverables. Who will provide
“technical assistance” and provide
follow through.
A5.1-2
Provide funding and cooperate with
volunteer groups such as
Rebuilding Calistoga to help lowerincome households maintain and upgrade their property.
Ongoing.
Annual funding
is provided to
Rebuilding
Calistoga.
Planning and
Building
Department, City
Council
X X
Annually, pursue CDBG Grant
funding to fund coordination
with volunteer groups such as
Rebuilding Calistoga help lowerincome households maintain and upgrade their property.
STAFF – Current practice.
Programming feasible.
MV – agree.
RK – agree.
A5.1-3
Continue to correct health and
safety issues identified during
routine building permitting and
inspection activities.
Ongoing
Planning and
Building
Department, Fire
Department
X
Delete – required by state law.
MV – agree.
RK – agree.
TW – agree.
A5.1-4
Develop and adopt a procedure as
part of the City’s Code Enforcement
Program for the City to intervene
when a property is becoming
seriously deteriorated, especially if
it is of historic significance.
Within one year
of Housing
Element
certification
Planning and
Building
Department, Police
Department
RK – agree.
TW – Needs a committee with
construction, engineering,
architectural and legal members
to establish specific criteria,
process, and enforcement
established as a City ordinance.
A5.1-5
Maintain an annual inspection
program to enforce health and
safety codes and abate unsafe
living conditions in the City’s multifamily housing complexes and mobile home parks.
Ongoing. The
City inspects
one mobile
home park
annually and all
multi-family
housing is
inspected
annually.
Planning and
Building
Department, Fire
Department
RK – agree.
TW – And do what? Are the
results reported to the Council and
is there follow-on enforcement?
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 23 of 28
Objective 5.2 – Encourage private investment in older residential neighborhoods and the private rehabilitation of housing.
A5.2-1
Maintain good repair of streets,
sidewalks, and other municipal
systems in older residential
neighborhoods.
Ongoing
Planning and
Building
Department.
X
Delete – Housing Element does
not regulate public right-of-way.
Regulated General Plan Mobility
Element and CMC title 12 and
Capital Improvement
Programming.
MV – agree.
RK – agree.
TW – good luck.
A5.2-2
Allow the application of the State’s
Historic Building Code to qualified
homes in order to provide flexibility
in rehabilitation and modification
efforts.
Ongoing
Planning and
Building
Department.
RK – agree.
TW – agree.
A5.2-3
Publicize the City’s Mills Act
program to encourage owners of
qualified owner-occupied homes to
actively participate in the
rehabilitation, restoration,
preservation, and maintenance of
their historic property in exchange
for a reduction in their property
taxes.
Ongoing.
Information is
provided on the
City’s website
and to property
owners of
historic
properties who
apply for
building permits.
Planning and
Building
Department.
X
Conduct annual outreach
events (workshops or webinars,
City website notices, public
counter material, direct
mailings, etc.) publicizing the
City’s Mills Act program to
encourage owners of qualified
owner-occupied homes to actively
participate in the rehabilitation,
restoration, preservation, and
maintenance of their historic
property in exchange for a
reduction in their property taxes.
STAFF – Programming feasible.
MV – agree.
RK – agree.
TW – Also needs qualification
process explanation.
Objective 5.3 – Ensure new housing development complements Calistoga’s rural small-town community identity, incorporates quality design, and complies with objective design standards when applicable.
A5.3-1
The City’s residential design
standards, the General Plan’s
Character Area Overlay Districts,
and objective design standards
when adopted shall be considered
in the review of proposed
Ongoing
Planning and
Building
Department,
Planning
Commission
RK – agree.
TW – All residential projects
(single home build)? And who
determines
compliance?
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 24 of 28
residential projects.
A5.3-2
As part of the project review
process, encourage new
residential subdivisions of ten or
more lots or units to provide a
range of lot sizes and designs to
the extent feasible, and avoid
“cookie cutter” approaches to
subdivision design.
Ongoing
Planning and
Building
Department,
Planning
Commission
X
Include elements in objective
design standards referenced in
A1.2-7and A5.3-1 related to site
design and lot configurations to
ensure context sensitivity.
STAFF – underway by consultant.
Reviewed/amended by
Staff/PC/CC.
MV – agree.
RK – agree.
TW – Design standards yet to be
established?
A5.3-3
Consider applying objective design
standards referenced in A1.2-7and
A5.3-1 for non-ministerial review
development projects.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Include elements in objective
design standards referenced in
A1.2-7and A5.3-1 related to
non-ministerial review
development projects .
STAFF – underway by consultant.
Reviewed/amended by
Staff/PC/CC.
MV – agree.
RK – agree.
TW – don’t agree. Too much
regulation defeats the ‘eclectic’
nature referenced in Citys’ Urban
Design Plan.
GOAL 6 – STREAMLINING. Remove governmental constraints to the maintenance, improvement, and development of housing, where feasible.
Objective 6.1 – Streamline the City’s permit review process, simplify regulations, and minimize fees to promote the provision and maintenance of housing.
SC – I would be in favor of simplifying regulations and minimizing fees to promote housing maintenance of housing any way possible.
A6.1-1
Allow use of the Historic Building
Code to facilitate the rehabilitation
of historic residences.
Ongoing
Planning and
Building
Department.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 25 of 28
A6.1-2
Modify the Zoning Ordinance so
that parcels in the Site Inventory
identified in previous Housing
Elements ("Reuse Sites") with at
least 20 percent of the units
affordable to lower-income
households are eligible for by-right
processing with ministerial review.
Before modification of the Zoning
Ordinance, the City should consider
identification of any biological or
cultural resources on the Reuse
Sites that may impact the
development viability of the
identified sites.
By January
2026
Planning and
Building
Department,
Planning
Commission, City
Council
STATE LAW: Reuse sites are
subject to streamlining which
permits sites with an allowed
density of 20 units/acre and 20
percent of total units at lowincome affordability levels allowed ministerial review of development.
Of the 36 Reuse Sites, 15 are
zoned CC, DC, or R-3 – all of
which allow up to 20 units/acre.
A6.1-3
Allow the joint utilization of parking
spaces where it can be
demonstrated that shared use will
not result in an unacceptable
impact on parking in the public
right-of-way or on off-street parking
lots.
Ongoing
Planning and
Building
Department.
X X X
DELETE: Conveyed by CMC
Section 17.36.040 Joint
Utilization of Spaces.
MV – agree.
RK – agree.
TW – agree.
GOAL 7 – ANTI-DISCRIMINATION. Prevent housing discrimination on the basis of race/ethnicity, color, national origin, sex (including gender identity and sexual orientation), religion, age, ancestry, marital status, children, familial status, or disability.
Objective 7.1 – Provide housing opportunities for all persons regardless of race/ethnicity, color, national origin, sex (including gender identity and sexual orientation), religion, age, ancestry, marital status, children, familial status, or disability.
A7.1-1
Provide bilingual information about
fair housing at public locations,
including displaying printed
materials at City Hall, providing
printed materials to the UpValley
Family Center, and including links
to fair housing resources on the
Housing Resources page of the
City’s website.
Ongoing
Planning and
Building
Department.
X X
Conduct annual outreach
events (workshops or webinars,
City Housing Resources page,
public postings, public counter
and UpValley Family Center
material, direct mailings, etc.)
providing bilingual information
about fair housing and
including links to fair housing
resources.
STAFF – underway by
consultant/Staff. Grant-funded.
MV – agree.
RK – agree.
TW – agree.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 26 of 28
A7.1-2
Provide financial support to, and
work with local organizations, such
as Fair Housing Napa Valley and
the UpValley Family Center, to
provide multi-lingual landlord-tenant
education, conciliation, and the
intake of discrimination complaints,
investigation, and enforcement.
Ongoing. The
City provides
annual funding
to both of these
groups.
Planning and
Building
Department, City
Council
X X
Conduct annual outreach
events (workshops or webinars,
City Housing Resources page,
public postings, public counter
and UpValley Family Center
material, direct mailings, etc.) in
partnership with local
organizations, such as Fair
Housing Napa Valley and the
UpValley Family Center, to
provide multi-lingual landlordtenant education and conciliation and publicize the intake process
for discrimination complaints.
STAFF – Grant-funded. Current
practice and programmed for
FY22-23.
MV – agree.
RK – agree.
TW – agree.
SC – As long as we have room in
the budget.
A7.1-3
Include a Fair Housing Marketing
Plan as part of housing
opportunities created through the
City’s affordable housing programs.
Ongoing
Planning and
Building
Department.
X X X
Within one year of Housing
Element certification, contract
for the creation of a Fair Housing
Marketing Plan as part of housing
opportunities created through the
City’s affordable housing
programs.
STAFF – to be scoped by
consultant based on direction from
Staff/PC/CC.
MV – agree.
RK – agree.
TW – Marketing plan directed to
whom?
A7.1-4
Continue to implement fair housing
practices in affordable housing
programs, such as the HOME
residential rehabilitation program.
Ongoing
Planning and
Building
Department.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 27 of 28
A7.1-5 Consider adopting a just cause
eviction ordinance.
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, begin the
process for adopting a just
cause eviction ordinance.
STAFF - to be scoped by
consultant based on direction from
Staff/PC/CC.
MV – agree.
RK – agree.
TW – agree.
SC – We seen professional rent
dodgers throughout Covid, taking
advantage of anti-land lord laws
that have severely impacted rental
property owners, so I think we
need to be very careful when
reviewing eviction ordinances.
Just causes need to be carefully
scrutinized to avoid this in the
future.
GOAL 8 – SUSTAINABILITY. Reduce energy use and greenhouse gas production in existing and new residential development.
Objective 8.1 – Reduce energy demand in new and existing housing through conservation and efficiency.
A8.1-1
Publicize the availability of
weatherization and energyefficiency programs for existing residences that are offered by utility
companies and other organizations.
Ongoing.
Information
about the HERO
and CalFirst
loan programs
is posted on the
City’s website.
Planning and
Building
Department.
X
Conduct annual outreach
events (workshops or webinars,
City Housing Resources page,
public postings, public counter,
direct mailings, etc.) to
publicize the availability of
HERO and CalFirst loan
programs for weatherization
and energy-efficiency programs
for existing residences that are
offered by utility companies
and other organizations.
STAFF – future programming
post-adoption of 2022 Building
Code.
MV – agree.
RK – agree.
Item #8.1.
HCD Comment: In order to comply with State Housing Element Law (Article 10.6 of the Gov. Code) – Programs must demonstrate specific ACTIONS, clear DELIVERABLES and specific DATES for implementation.
HCD Response Letter Actions Review: Page 28 of 28
TW – How about more often at the
Farmers Market or CalMart?
A8.1-2
Ensure efficient water use for
irrigation by adopting the State’s
standards for water-efficient
landscape design.
Within one year
of Housing
Element
certification
Planning and
Building
Department, City
Council
SC – I think we need to review the
idea of using gray water for
landscaping into the future.
A8.1-3
Fund energy conservation
improvements through local
rehabilitation programs to assist
lower-income households in
lowering energy expenses.
Ongoing. The
current HOME
rehabilitation
program
includes funding
for energyefficiency
improvements.
Planning and
Building
Department, City
Council
X X
Annually, ensure continued
funding for HOME rehabilitation
program for energy
conservation improvements to
assist lower-income
households in lowering energy
expenses.
STAFF – annual grant funding
secured by grant consultant.
MV – agree.
RK – agree.
TW – needs more specific goals
and funding source.
A8.1-4
Consider a local ordinance (i.e.
“reach codes”) promoting energy
efficient house construction to
reduce energy consumption beyond
what is required in State codes, in
newly built residential development.
Within one year
of Housing
Element
certification
Planning and
Building
Department, City
Council
X X
Within one year of Housing
Element certification, adopt a
local ordinance (i.e. “reach
codes”) promoting energy
efficient house construction to
reduce energy consumption
beyond what is required in
State codes, in newly built
residential development.
STAFF – “Reach/Stretch” codes
direction sought from CC postadoption of 2022 Building Code.
MV – how does this effect
upcoming projects?
RK – agree.
TW – agree.
Item #8.1.
Marni Rittburg
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Attachments:
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Wednesday, November 9, 2022 9:10 PM
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11/15/2022 Calistoga City Council Meeting Agenda Item No. 8.1 Calistoga Housing Advisory Committee statement on 2023-2031 Housing Element.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good evening,
Please find attached a statement from the Calistoga Housing Advisory Committee regarding the 2023-2031 Housing Element (Agenda Item No. 8.1).
Thank you,
Laurel Gourd
Calistoga Housing Advisory Committee Chair
1 Item #8.1.
To: Calistoga City Council
From: Calistoga Housing Advisory Committee
Laurel Gourd, Steven Pinsky, Lana Richardson, Laurel Rios, David Shaw Date: November 9, 2022
Subject: 2023-2031 Housing Element
An excerpt from the 2015-2023 Calistoga General Plan Housing Element:
The purpose of the Housing Element is to work towards
accommodating the city's housing needs while maintaining Calistoga's rural small-town character and appearance, its sense of community, and its natural and historic setting.
The Housing Advisory Committee was mindful of this purpose as we considered enhancements to the 2023-2031 Housing Element. The resulting draft complies with state law and includes actions that address Calistoga's housing needs and at the same time aim to maintain its character.
The current task before you-approving revisions to the Housing Element action language based on feedback from the California Department of Housing and Community Development-is our community's opportunity to advance housing policies and programs in ways that further the Housing Element's purpose. The Calistoga Housing Advisory Committee supports the proposed action language presented by staff, which includes our recommendations and those of the Planning Commission.
By advancing the proposed action language, you're solidifying Calistoga's commitment to do the work necessary to support the Housing Element's purpose and City Council Goal 2: Address the community's existing and future housing needs.
Please direct staff to submit this revised draft of the 2023-2031 Housing Element to the California Department of Housing and Community Development so that we may meet our deadline, comply with state law, and achieve Calistoga's housing goals.
Item #8.1.
Draft 2023-2031
Housing Element
Calistoga City Council
November 15, 2022
1 Item #8.1.
Contents
Planning Commission
Recommendation
Overview of Policies & Actions
Key Actions by Policy Theme
Summary
Examples
Next Steps
2 Item #8.1.
Planning Commission
recommendatoin
3 City Council to direct Staff to Prepare the
Recommended Final 2023-2031 Housing
Element and submit to the California
Department of Housing and Community
Development (“HCD”) for 60-day review.
Item #8.1.
Policy (41)
& ACTIONS (74)
4 Staff Report Attachment C - Chapter 8: Housing Policies and ProgramsItem #8.1. Page 161 of 303 5 REGULATORY
1. Support missing middle housing
2. Services and Facilities
3. Affordable Housing Development
4. Prioritization of fair and equitable housing opportunities
5. Second homes/vacation homes (not occupied) should be limited
PARTNERSHIPS
1. Funding sources for subsidized housing
2. Maintain existing housing
PROCESS
1. Ministerial Review
2. Preserve Small-Town Character
3. Reduce Energy Demand
Policy ThemesItem #8.1.
Key actions
by policy theme
6 Staff Report Attachment C - Chapter 8: Housing Policies and ProgramsItem #8.1. Page 163 of 303 Actions Summary
POLICY THEME:
Support Missing Middle Housing
(7 Actions)
Downzoning (A1.1-1)
PROHIBIT
Minimum Residential Density (A1.2-1)
ESTABLISH
ADUs (A1.2-2, A1.2-3)
PROCESS
STANDARDS
Adaptive Re-use of Inns & Motels (A1.2-4)
Second Homes / Vacation Homes – Chamber of Commerce
partnership (A1.2-6, A2.2-3)
OUTREACH
RENTAL ASSISTANCE 7
Item #8.1.
Actions Summary
POLICY THEME:
Provide Public Services and Facilities
(5 Actions)
Development Impact Fees (A1.3-3, A1.3-4, A1.3-5)
FEE STUDY
FEE UPDATES
FEE SUBSIDIES
Affordable Housing Fund (A2.1-2, A2.1-3)
ANNUAL ASSESSMENTS
SITE PURCHASE
8 Item #8.1.
Actions Summary
POLICY THEME:
Promote Affordable Housing
Development
(4 Actions)
Affordable Housing Fund (A2.1-2)
MONITOR & OUTREACH
Inclusionary Housing (A2.3-1)
AUDIT CMC CHAPTER 17.08 AFFORDABLE HOUSING
Ministerial Review (A2.1-5, A6.1-2)
FOR QUALIFYING PROJECTS / SITES
9 Item #8.1.
Actions Summary
POLICY THEME:
Promote Housing for Special Needs
Groups
(5 Actions)
Farmworkers & Homeless (A4.1-2, A4.1-3)
COLLABORATE – HACN, NAPA COUNTY HOUSING AUTHORITY
OUTREACH
ADA & Tenant Rights (A4.1-5, A4.1-7, A5.1-1)
WEB OUTREACH
ADA COMPLIANCE
TECHNICAL ASSISTANCE
10 Item #8.1.
Actions Summary
POLICY THEME:
Maintain existing housing
(2 Actions)
Preservation & Maintenance (A5.1-2, A5.2-3)
REGIONAL COORDINATION
OUTREACH – HISTORIC PRESERVATION
11 Item #8.1.
Actions Summary
POLICY THEME:
Preserve Small Town Character
(2 Actions)
Objective Design Standards (A5.3-2, A5.3-3)
OUTREACH – NEW DESIGN STANDARDS
CMC 17.41 DESIGN REVIEW AUDIT / AMENDMENT
12 Item #8.1.
Actions Summary
POLICY THEME:
Prevent Housing Discrimination
(4 Actions)
Fair Housing Funding (A7.1-2, A7.1-3, A7.1-4, A7.1-5) OUTREACH EVENTS
FUNDING SOURCES
RFP: FAIR HOUSING MARKETING PLAN
JUST-CAUSE EVICTION ORDINANCE
13 Item #8.1.
Actions Summary
POLICY THEME:
Reduce Energy Demand
(3 Actions)
Sustainability (A8.1-2, A8.1-3, A8.1-4)
OUTREACH – REHABILITATION
CONSERVATION FUNDING
REACH CODES
14 Item #8.1.
15 MISSING
MIDDLE
HOUSING
Action Example
POSSIBLE IMPLEMENTATION
Item #8.1.
Missing Middle Housing
Downzoning (A1.1-1)
Within two years of Housing Element certification, amend Zoning Code to provide that the City shall not change the general plan or zoning designations with respect to land where housing is an allowed use to a less intensive use.
16 Planned Development Districts:
Combine General Plan compliance with good
zoning practices while allowing certain desirable
departures from the strict application of
individual zoning district regulations.
Examples:
School District Site
Palisades Subdivision
Item #8.1.
Missing Middle Housing
Minimum Residential Density (A1.2-1)
Within two years of Housing Element certification, amend Zoning Code to specify minimum residential density within the range prescribed by the General Plan for multi-family and commercial properties, subject to conformance with the City’s residential design guidelines and all applicable General Plan policies.
17 EXISTING 2014
HE: Policy 1.2-1:
Encourage new
residential
development to
be built with no
less than 50
percent of the
maximum
number of
dwelling units
prescribed by the
General Plan.
R-2 Medium Density
4-10 DU/AC
New Min = 7 DU/AC
R-3 High Density
10-20 DU/AC
New Min – 15 DU/AC
DC Downtown Comm.
10-20 DU/AC
New Min – 15 DU/AC
Item #8.1.
Missing Middle Housing
ADUs (A1.2-2, A1.2-3)
Within one year of Housing Element certification, establish cooperative arrangement with the Housing Authority of the City of Napa (HACN), Napa/Sonoma Collaborative, and other non-profits to educate homeowners on accessory dwelling units and encourage increased construction. Consider amending CMC Chapter 17.37 to include provisions less restrictive than state law requirements.
18 Examples for
Council to
consider:
size,
front setbacks,
parking,
height,
fee reductions,
etc.
Item #8.1.
Missing Middle Housing
Adaptive Re-use of Inns & Motels (A1.2-4)
Within two years of Housing Element certification, amend the Zoning Code to permit adaptive reuse of inns and motels and housing cooperatives in residential and commercial zones.
19 Item #8.1.
Missing Middle Housing
CASA ELEMENT #7 (A2.1-6)
Within three years of Housing Element certification, adopt a program which would provide an expedited approval process and financial incentives for the provision of on-site housing units affordable to the missing-middle income ranges, which includes households that earn 80 to 120 percent AMI Element #7. Accelerate approval of zoning-compliant projects that provide on-site affordability for “missing middle” (restrict >20% units to 80-150% AMI), pay prevailing wage and use apprentice labor. Incentives offered to offset higher costs to developer:
15 years of property tax increment abatement aimed at missing middle housing
Impact fees capped at a reasonable level
Density bonus of 35%
Parking minimums reduced to 50% of local requirement
Relief from strict liability standards for ownership
20 Item #8.1.
Missing Middle Housing
Second Homes / Vacation Homes – Chamber
of Commerce partnership (A1.2-6, A2.2-3)
(A1.2-6) Within one year of Housing Element certification, expand contract with the Chamber of Commerce to include annual outreach events (open house, workshop, presentation, etc.) involving hospitality-related companies and second home/vacation home homeowners to help facilitate the provision of long-term lease agreements for temporary workforce housing. (A2.2-3) Within one year of Housing Element certification, expand contract with the Chamber of Commerce to formalize a partnership (in conjunction with Policy A1.2-6) with the Planning and Building Department to host an annual workshop on rental assistance resources and services. 21 Item #8.1.
Next Steps
22 TONIGHT: Provide Direction of Staff to Finalize and Submit to HCD for final 60-day Review
ADOPTION & CERTIFICATION
DEC – JAN: HCD review
FEB: Planning Commission and City Council Revision
(as needed) and Adoption, followed by HCD
Certification
Item #8.1.
Questions
Questions?
23 Item #8.1.
Following as needed
Item #8.1.
Legal Mandates
HCD Comment: Policy must contain more specific action, clear deliverable, specific time frame for implementation.
4 citations of State Law relating to:
Downzoning – SB 330, SB 8 (A1.1-1)
No Net Loss of Residential Capacity
By-Right Affordable Housing – SB 35 (A2.1-5)
Allowed without a Use Permit (Planning Commission)
Ministerial Review / Objective Design Standards – SB
330 / SB 35 (A6.1-2)
Staff Review with Objective Findings
Mobile Home Park Rent Stabilization – AB 978 (A3.2-2) Rent increase guidelines.
25 Item #8.1.
OBJECTIVE DESIGN STANDARDS
26 Item #8.1.
27 MERGER BETWEEN –
Existing development standards
• set-back
• Height
• lot coverage
• etc.
Existing design guidelines
• Building siting
• Building form & orientation
• Building articulation
• Roofs
• Windows
• Materials
• Circulation
• Parking
• Landscaping
• Lighting, walls, fences
Defined by HCD as:
“standards that involve no 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 applicant or development proponent and the public official prior to submittal.”
OBJECTIVE DESIGN REVIEW STANDARDSItem #8.1.
28 BUILDING SITING ODRSItem #8.1.
29 BUILDING ORIENTATION ODRSItem #8.1.
30 BUILDING DESIGN ODRSItem #8.1.
Income Limits Napa
county
31 Income
Level
% of Area
Median
Income
1 person
Household
2 Person
Household
3 Person
Household
4 Person
Household
Extremely
Low 0 – 30% $23,900 $27,300 $30,700 $34,100
Very Low 30 – 50% $39,800 $45,500 $51,200 $56,850
Low 50 – 80% $63,050 $72,050 $81,050 $90,050
Moderate 80 – 120% $91,750 $104,850 $117,950 $131,050
Above
Moderate Over 120%
2021 Napa County Area Median Income: $109,200 (4-person Household) https://www.hcd.ca.gov/grants-funding/income-limits/state-andfederal-income-limits/docs/income-limits-2021.pdf Item #8.1.
What Density Looks Like
32 36 units/acre
Item #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Nov 15 2022
Subject: 2022 California Building Standards Code Adoption DESCRIPTION:
Consideration of an Ordinance repealing certain chapters of Calistoga Municipal Code Title 15, Building Standards Codes, and adopting the 2022 California Building Standards Code, Title 24, with local amendments, and the 2021 International Property Maintenance Code and 2021 International Pool and Spa Code.
RECOMMENDATION:
Introduce the Ordinance and waive its first reading.
BACKGROUND/SUMMARY:
BACKGROUND
The last update to the City’s building codes was conducted in November 2019 when the City Council adopted the 2019 California Building Standards Code. Every three years, the California Building Standards Commission (CBSC) reviews the newest model codes published by various independent code-developing bodies. This year, the 2022 triennial codes were approved by the CBSC and will be effective January 1, 2023.
The applicability of Title 24 is identified in the California Health and Safety Code (HS Code). Within the HS Code, there are two bodies of law addressing the application of Title 24. The first is the California Building Standards Law; the second is the State Housing Law. These provisions of law establish that Title 24 as published by the CBSC, incorporating the latest editions of selected model codes is the applicable code for all occupancies throughout the state (not the model codes by themselves). For specific changes under the Parts of Title 24 Building Standards Codes, please see Attachment 3.
Additionally, the California Department of Housing and Community Development has adopted regulations implementing the State Housing Law in the California Code of Regulations for residential structures subject to the State Housing Law. These regulations and the requirements of the State Housing Law are applicable in all parts of the state.
Furthermore, Government Code Section 65850.7 requires the City to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. In developing an expedited permitting process, the City must adopt a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The required checklist and process have been completed and are available online.
Item #8.2.