Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 39 » The City should also be careful to use these fees
quickly and efficiently in supporting the production
of affordable units. Funds not used within 5 years
of collection must be returned. Consider setting a
maximum portion of funds that can be used to pay for
the City’s administrative costs and include this cost in the in-lieu fee.
» In-Lieu Land dedication – Consider amending this
provision to ensure land dedication for in-lieu fees
matches the cost of on-site unit provision and clarify
the value assessment process to avoid negotiation
challenges.
» Off-Site Inclusionary Units – Allowing off-site units can support project feasibility however, off-site units are unlikely to comply with the IZ’s Inclusionary
Dwelling Unit Standards provisions which are designed
to protect against fair housing violations. Evaluate this provision thoroughly to avoid legal challenges.
Inclusionary Dwelling Unit Standards
Calistoga’s current IZ standards generally align with best practices but need refinement regarding the size and
bedroom count of affordable units relative to marketrate units. Currently, projects are incentivized to provide small studio apartments as affordable units, except for the required 10% three-bedroom units. This disproportionately affects projects with smaller market-rate units and incents the production of more expensive market-rate units which have higher rents but experience the same IZ cost burden.
Best practice recommends that required affordable units have a bedroom mix proportionate to the provided marketrate units to ensure equity across different project types.
Compliance
It is important to consider the risks and delays that
procedural and compliance requirements add to
development projects and ensure the City has adequate
compliance monitoring systems in-place. Currently,
in-lieu fee projects must undergo a public hearing for
discretionary approval, a significant regulatory burden.
The City should consider a by-right compliance path
for specific in-lieu fee projects, reducing administrative burden and increasing predictability, enhancing the
feasibility of desired project types. Compliance should be supported through a combination of regular reporting,
on-site inspections, and consistent training with
developers and property managers.
Affordable Housing Incentives
Calistoga can enhance its approach to affordable housing incentives beyond the minimum state law requirements
to better align with local housing priorities. Consider implementing a by-right bonus program with objective
standards for mixed-income and affordable housing
projects, approved administratively. Additional incentives for on-site affordable units could include density
bonuses, reduced parking requirements, expedited
permitting, or financial incentives. Projects utilizing city funds, like the Affordable Housing Fund, should continue to undergo Planning Commission and City Council
review to maintain oversight and discretion.
PLAY #8 | ALIGN YOUR CITY’S INCLUSIONARY ZONING POLICY WITH HOUSING PRIORITIES Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 40 Appendices
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 41 Attachment A
Below is additional information available on websites about the organizations, programs, or strategies described in the Playbook. Besides linking directly to organizations (where available or applicable), links may include articles, analyses, or research.
PLAY 2 - Incentivize middle housing production
City of Bend. (n.d.). Pre-approved accessory dwelling units. https://www. bendoregon.gov/government/departments/community-development/ online-permit-center/accessory-dwelling-unit-resources/pre-approved-accessorydwelling-units Bend, Oregon. Retrieved August 7, 2024, from www.bendoregon. gov
Steuteville, R. (2024, February 7). Cities moving ahead with pre-approved house plans. Congress for the New Urbanism. https://www.cnu.org/ publicsquare/2024/02/07/cities-moving-ahead-pre-approved-house-plans Retrieved August 7, 2024, from www.cnu.org
City of Lacey, WA (n.d.). Accessory Dwelling Units. The Washington State Department of Commerce Recently Awarded the City of Lacey a 2021 Smart Communities Award for its Pre-Approved Accessory Dwelling Unit (ADU) Plans. https://cityoflacey.org/adu/
Residential floor area ratio. https://www.portland.gov/ppd/zoning-land-use/ residential-infill/residential-floor-area-ratio Retrieved August 7, 2024, from www. portland.gov
Incremental Development Alliance. (n.d.). Home. Retrieved August 7, 2024, from www.incrementaldevelopment.org
OlyFed (n.d.). ADU Financing. Accessory Dwelling Units 101. https://www.olyfed. com/home/adu/
Accessory Dwelling Strategies. (n.d.). ADU classes for homeowners. Retrieved August 7, 2024, from www.accessorydwellingstrategies.com U.S. Department of Housing and Urban Development (n.d.). Federal Housing Administration Expands Access to Mortgage Financing for Homes That Have or Will Include Accessory Dwelling Units. Home / Press Room. https://www.hud.gov/ press/press_releases_media_advisories/hud_no_23_237#:~:text=An%20ADU% 20is%20 a%20private,property%20with%20an%20existing%20ADU Urbsworks, Inc. (n.d.). Housing Choices Guide Book: A Visual Guide to Compact Housing Types in Northwest Oregon. https://www.oregon.gov/lcd/Publications/ Housing-Choices-Booklet_DIGITAL.pdf Retrieved August 7, 2024.
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 42 PLAY 5 – Adopt local amendments to the building code to unlock middle housing Opticos Design. (2023, June 30). *Memphis, TN amends local building code to allow up to six units under residential building code (IRC) to enable missing middle housing*. Opticos Design. https://opticosdesign.com/blog/ memphis-tn-amends-local-building-code-to-allow-up-to-six-units-underresidential-building-code-irc-to-enable-missing-middle-housing/ Shelby County Government. (2021). 2021 IRC amendments. https://www. shelbycountytn.gov/DocumentCenter/View/39436/2021-IRC-Amendments-Final Live Work Play. (2022, May 6). Missing middle housing needs a code update. https:// live-work-play.net/2022/05/missing-middle-housing-needs-a-code-update/ Strong Towns. (2023, November 6). North Carolina hopes small code change fills big housing needs. https://www.strongtowns.org/journal/2023/11/6/north-carolinahopes-small-code-change-fills-big-housing-needs North Carolina General Assembly. (2023). House Bill 488: Code Council Reorg. and Various Code Amendments. https://www.ncleg.gov/Sessions/2023/Bills/House/ PDF/H488v8.pdf
California Department of General Services. (n.d.). Local amendments to building standards - Ordinances. https://www.dgs.ca.gov/en/BSC/Codes/LocalAmendments-to-Building-Standards---Ordinances California Building Standards Commission’s- Guide for Local Amendments of Building Standards
California Building Standards Commission (n.d.). California Code Adoption and Amendment for Local Jurisdictions-2022. CBSC. https://youtu.be/u_ DPJJwQuWk?si=wMWUgBhFfLoNDNDk
PLAY 6 – Understand the full range of available homebuyer assistance programs Detailed Proximity Workforce Housing Program –Napa County - Napa County. (n.d.). Proximity housing homebuyers assistance program guidelines. https://www. countyofnapa.org/DocumentCenter/View/1298/Proximity-Housing-HomebuyersAssistance-Program-Guidelines-PDF?bidId= Affordable Accessory Dwelling Unit Forgivable Loan Program –Napa County – Napa County. (n.d.). ADU guidelines [PDF]. https://www.countyofnapa.org/ DocumentCenter/View/28112/NAPA-ADU-Guidelines-ENGLISH-PDF?bidId= California Dream For All Shared Appreciation Loan –California Housing Finance Agency – California Housing Finance Agency. (n.d.). California homebuyer downpayment assistance program [PDF]. https://www.calhfa.ca.gov/ homeownership/programs/loans-cadfa.pdf;
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 43 MyHome Assistance Program –California Housing Finance Agency – California Housing Finance Agency. (n.d.). California homebuyer downpayment assistance program [PDF]. https://www.calhfa.ca.gov/homeownership/programs/loans-cadfa. pdf
Golden Opportunities Program –Golden State Finance Authority – Georgia State Financing and Investment Commission. (n.d.). Georgia Dream homeownership program: Down payment assistance [Webpage]. https://www.gsfahome.org/ programs/dpa/go.shtml
Mortgage Credit Certificate –Golden State Finance Authority – Georgia State Financing and Investment Commission. (n.d.). Georgia Dream homeownership program: Mortgage credit certificate (MCC) [Webpage]. https://www.gsfahome. org/programs/mcc.shtml
PLAY 7 – Increase the number of local builders and developers who can deliver middle housing
Capital Impact Partners Equitable Development Initiative – Capital Impact Partners (n.d.). Capital Impact Partners. EQUITABLE DEVELOPMENT INITIATIVE. https://www. capitalimpact.org/programs/equitable-development-initiative/ Incremental Development Alliance – Incremental Development Alliance (n.d.). Inc Dev helps locals strengthen their neighborhoods through small-scale real estate projects. What We Do. https://www.incrementaldevelopment.org San Francisco Small Sites Program – City and County of San Francisco (n.d.).
Acquisition and Preservation Financing for Small Sites Program Properties. Mayor’s Office of Housing and Community Development. https://sfmohcd.org/sites/ default/files/Documents/MOH/Small%20Sites/Small%20Sites%20NOFA-2019-final. pdf
ADU development courses and resources
KOL PETERSON (n.d.). Building an ADU – Courses. https://www.buildinganadu.com/ courseshttps://accessorydwellings.org/academy/
American Planning Association (n.d.). Accessory Dwelling Units. KNOWLEDGEBASE COLLECTION. https://www.planning.org/knowledgebase/accessorydwellings/ AARP (n.d.). All About Accessory Dwelling Units. AARP Livable Communities. https://www.aarp.org/livable-communities/housing/info-2019/accessory-dwellingunits-adus.html Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 44 PLAY 8 – Align your city’s inclusionary zoning policy with housing priorities Sonoma Courts (n.d.). Who is Watching the Henhouse? Affordable Housing:
Monitoring and Compliance. https://sonoma.courts.ca.gov/system/files/affordablehousing-monitoring-and-compliance.pdf Western Center on Law & Poverty and California Rural Legal Assistance Foundation via Civic Well (n.d.). Inclusionary Housing in California: The Legal Landscape.
Affordable Housing: Monitoring and Compliance. https://civicwell.org/wp-content/ uploads/2022/01/Inclusionary-Housing-in-California-The-Legal-Landscape.pdf SHEPPARD MULLIN RICHTER & HAMPTON LLP (n.d.). Inclusionary Zoning In California: Legal Questions And Issues. Https://www.
Realestatelanduseandenvironmentallaw.com. https://www.
realestatelanduseandenvironmentallaw.com/wp-content/uploads/ sites/48/2011/10/Inclusionary-Zoning-In-California-Legal-Question.pdf NYU Furman Center, Jacob Krimmel, Federal Reserve Board Betty Wang, University of Hong Kong1 (n.d.). Upzoning with Strings Attached: Evidence from Seattle’s Affordable Housing Mandate. https://furmancenter.org/files/publications/ Upzoning_with_Strings_Attached_508.pdf
San Francisco Planning (n.d.). Inclusionary Affordable Housing Program. About. https://sfplanning.org/project/inclusionary-affordable-housing-program Grounded Solutions Network (n.d.). Inclusionary Housing. Designing a Policy. https://inclusionaryhousing.org/designing-a-policy/
Bay Area Housing Element Advocacy Working Group (n.d.). Leveraging the Housing Element to Advance Inclusionary Zoning & Impact Fees. Public Advocates.org. https://inclusionaryhousing.org/designing-a-policy/
The Urban Institute (n.d.). Determining In-Lieu Fees in Inclusionary Zoning Policies Considerations for Local Governments. Www.Urban.org. https://www.urban.org/ sites/default/files/publication/102230/determining-in-lieu-fees-in-inclusionaryItem #8.2.
Section 2
RESOLUTION NO. 2018-072
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, NAPA
COUNTY, STATE OF CALIFORNIA,AUTHORIZING ORDERING THE SUBMISSION
TO THE VOTERS OF THE CITY A SPECIAL TAX MEASURE WHICH WOULD INCREASE THE CITY’S TRANSIENT OCCUPANCY TAX RATE FROM 12 PERCENT TO 13 PERCENT, THE REVENUES OF WHICH WOULD BE USED SOLELY FOR
HOUSING-RELATED EXPENDITURES, SUBJECT TO APPROVAL OF TWO-THIRDS
OF THE ELECTORS VOTING AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018
WHEREAS, the City’s general municipal election willbe held on November 6, 2018; and
WHEREAS, the CityCouncil desires to submit to the voters at the general municipal election a question relating to increasing the City’sTransient Occupancy Tax (“TOT”)from the existing 12 percent to 13 percent; and
WHEREAS, the City Council desires for the increased tax revenues generated from a 1 percent increase in the TOT to be dedicated solely for housing-related expenditures; and
WHEREAS, the ordinance attached hereto as Exhibit“A”and incorporated herein by reference (the “Ordinance”), if approved by the voters, would increase the TOT from 12 percent to 13 percent effective January 1, 2019, and dedicate the increased TOT revenue for affordable and workforce housing programs and services up to and including, without limitation, land acquisition, land donation, building acquisition, building rehabilitation, building demolition, housing construction, maintaining the community’s supply of mobile homes, providing housing subsidies to lower income residents, and/or preserving existing public subsidies for developments facing conversion to market rates.
NOW, THEREFORE, the City Council of the City of Calistoga does hereby resolve, declare and order as follows:
Section 1. That pursuant to Government Code section 36503 and Calistoga Municipal Code section 2.06.050, there is called and ordered to be held in the City of Calistoga a general municipal election on Tuesday, November 6, 2018.
The City Council orders submitted to the voters a measure for the approval of the Ordinance increasing the Cityof Calistoga’s Transient Occupancy Tax from 12 percent to 13 percent, effective January 1, 2019. The fulltext of the Ordinance shall be made available to any voter on request. The vote requirement for the measure to pass is a supermajority (two-thirds) of the votes cast.
Item #8.2.
Section 4
Section 5
Resolution No. 2018—072
Section 3. The measure shall be designated by letter by the Napa County Elections Department. The question to appear on the ballot for voter consideration shall be as follows:
Measure “D” APPROVAL OF INCREASE TO THE TRANSIENT OCCUPANCY TAX To increase, improve and preserve affordable and workforce housing in the City of Calistoga, shall an ordinance be adopted to YES levy an ongoing transient occupancy tax (hotel tax) of 1% on hotel charges to visitors of 30 days or less, increasing the maximum hotel rate from twelve percent (12%) to thirteen percent (13%), with all revenue from the new tax (estimated: $512,325 annually) to be restricted to providing programs and services for affordable and N0 workforce housing?
. The Mayor is authorized to select two members of the City Council to prepare a ballot argument in favor of the measure on behalf of the City Council, as specified in section 9282 of the California Elections Code. At the discretion of the Mayor, the argument may also be signed by members of the City Council or citizen associations or individual voters, subject to sections 9282 and 9283 of the California Elections Code. If an argument is filed against the measure, the Mayor is also authorized to select two members of the City Council to prepare a written rebuttal, which also may be signed by members of the City Council or citizen associations or individual voters, subject to sections 9282 and 9283 of the California Elections Code. . The City Clerk is hereby directed to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure in accordance with Section 9280 of the California Elections Code, and to file that analysis no later than the deadline established by the Napa County elections official.
Section 6. Ballot arguments and rebuttals shall be filed with the City Clerk i compliance with sections 9282, 9283, and 9285 of the California Elections Code by then deadline established by the Napa County elections official.
Section 7. That the full text of the Ordinance shall not be printed in the Voter Information Pamphlet, but a statement shall appear under the Impartial Analysis informing voters that the information may be obtained from the City Clerk’s office and the City’ website. s
Item #8.2.
CA NI
L K YON, Attorney
Resolution No. 2018—072
Section 8. The Board of Supervisors of Napa County is hereby requested to issue instructions to the County Election Department to take any and all steps necessary forthe holding of the election and to consolidate this ballot measure with any other applicable election conducted on the same day in the City.
Section 9. Notice of the Election is hereby given and the City Clerk shall give such further notice of the election as required by law.
Section 10. The City Clerk is hereby directed to file a certified copy of this Resolution with the Napa County Board of Supervisors and the Napa County Elections Department.
Section 11. The City Clerk is authorized and directed to take all other steps necessary to conduct the election on the Measure.
Section 12. The City Manager is authorized and directed to appropriate the funds necessary to fund the cost of the Election.
Section 13. This Resolution shall take effect upon its adoption
PASSED, APPROVED AND ADOPTED BY AT LEAST TWO-THIRDS OF THE CIT COUNCIL THIS 19thDAY OF JUNE, 2018. Y
AYES: Councilmembers Kraus, Barnes and Lopez-Ortega, Vice Mayor Dunsford and Mayor Canning
NOES: None
ABSTAIN: None
ABSENT: None
CHRIS NG, Mayor
ATTEST:
KATHY F MSON, City Clerk
Item #8.2.
ExhibitA
ORDINANCE NO
AN ORDINANCE AMENDING CHAPTER 3.16 OF THE CALISTOGA MUNICIPAL CODE TO INCREASE THE CITY’S TRANSIENT OCCUPANCY TAX RATE FROM 12 PERCENT TO 13
PERCENT, SUBJECT TO APPROVAL OF TWO-THIRDS OF THE ELECTORS VOTING ON THE TAX MEASURE AT THE NOVEMBER 6, 2018 GENERAL ELECTION THE PEOPLE OF THE CITY OF CALISTOGA DO ORDAIN, AS FOLLOWS:
SECTION I: AMENDMENT OF CODE.
Section 3.16.020 (Imposition of Tax) of the Calistoga Municipal Code is hereby amended to read as follows:
“3.16.020 Imposition of Tax
A. For the privilege of occupancy in any hotel, as defined in this chapter, each transient is subject to and shall pay a tax in the amount of 13 percent of the rent charged by the operator including meals and amenities if included in the charge for occupancy. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City.
B. The transient shall pay the tax to the operator of the hotel at the time the rent is paid Ifthe rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon cessation of occupancy.
C. Iffor any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator D. Of the 13 percent tax imposed in paragraph A of this section, 12 percent is a general purpose tax, the revenues of which may be used for any lawful municipal purpose, and 1 percent is a special purpose tax, the revenues of which are dedicated solely for affordable and workforce housing programs and services up to and including, without limitation, land acquisition, land donation, building acquisition, building rehabilitation, building demolition, housing construction, maintaining the community’s supply of mobile homes, providing housing subsidies to lower income residents, and/or preserving existing public subsidies for‘developments facing conversion to market rates and shall be deposited in a separate account. An annual report shall be filed by the City Manager or designee to the City Council in compliance with Government Code section 50075.3 for the special purpose tax revenues collected and expended.” SECTION II: SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby The City Council finds and declares that it would have adopted each and every provision of this ordinance, even if it had not adopted any other provision. 1 Item #8.2.
SECTION III: STATUTORY AUTHORITY FOR TAX.
This ordinance is adopted pursuant to Revenue and Taxation Code section 7280 SECTION IV: ELECTION REQUIRED.
This ordinance shall not become operative unless and until two-thirds of the electors voting on this ordinance approve the imposition of the tax at the General Election to be held on November 6, 2018.
SECTION V: EFFECTIVE DATE.
This ordinance relates to the levying and collecting of the City transient occupancy tax (“TOT”) and shall take effect only if approved by a majority of the voters voting on the measure at the November 6, 2018 General Election, and if approved, shall become effective January 1, 2019.
PASSED, APPROVED, AND ADOPTED BY THE PEOPLE OF THE CITY OF CALISTOGA AT THE REGULAR MUNICIPAL ELECTION HELD ON THE 6THDAY OF NOVEMBER, 2018.
Chris Canning
Mayor
ATTEST:
Kathy Flamson
City Clerk
APPROVED AS TO FORM:
Michelle Kenyon, City Attorney
OAK#4823-4781-4754v1
Item #8.2.
Middle Housing Playbook
for Calistoga, California
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | ii Acknowledgments
City of Calistoga
Laura Snideman, City Manager
Greg Desmond, Planning & Development Director
Urbsworks, Inc.
Marcy McInelly, AIA,
Emily Montalvo Diaz
Elizabeth Nelson
Kevin Howard (Urbinden Design Lab)
David Dinoff (Urbinden Design Lab)
Blue Zones
Sarah Bowman, Vice President, Policy Operations
and Development
Emily Brown, Director of Policy and Transformation
Karla Newton, Director, Operations
Kelly Bond, MPH, Public Policy Advocate, Blue
Zones Project – Upper Napa Valley
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | iii
MIDDLE HOUSING PLAYBOOK TABLE OF CONTENTS
1 Part One: Overview
1 A summary of the plays
3 Part Two: Problems and Solutions
3 Addressing the causes of housing affordability issues 7 Part Three: Playbook
9 Play 1 Evaluate middle housing feasibility across three geographies found in most cities.
13 Play 2 Incentivize middle housing production.
17 Play 3 Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing
21 Play 4 Incentivize middle housing production by streamlining approval processes.
25 Play 5 Adopt local amendments to the building code to unlock middle housing.
29 Play 6 Understand the full range of available homebuyer assistance programs.
33 Play 7 Increase the number of local builders and developers who can deliver middle housing.
37 Play 8 Align your city’s inclusionary zoning policy with housing priorities. 41 Appendices Additional references
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | iv urb s w o r k s
PART
01 Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 1 Overview 01
Overview
This Middle Housing Playbook is organized to help Calistoga address four common housing affordability issues:
» Cities, including Calistoga, suffer from a lack of housing and housing choices. » It’s expensive to build housing.
» It’s expensive to buy a house.
» Restrictive or arbitrary zoning can make construction more expensive.
Plays
There are eight plays. Play #1 provides a visual key or general rule of thumb for comparing middle housing
feasibility across the three geographies found in most
cities, including Calistoga: Downtown edge, residential infill, and rural periphery. It is intended to answer a common
question that cities ask: How do we enable entry-level
homeownership opportunities while advancing our General Plan goals?
The other seven plays address one or more of the housing affordability problems.
2. Incentivize middle housing production – An
explanation of programs cities and states have used,
such as streamlined approval, pre-approved plans, and
expedited land division.
3. Analyze the downtown commercial zoning district
for its potential to accommodate entry-level, forsale housing.
4. Incentivize middle housing production by
streamlining approval processes – Establish clear
and objective site and design criteria and predictable
approval processes.
Attachment A
Attachment A (see Appendix) Includes additional information about the organizations, programs, or strategies described in the Playbook. Besides linking directly to organizations (where available or applicable), links may include articles, analyses, or research.
5. Adopt local amendments to the Building Code
to unlock middle housing – Enable single-stair
quadplexes and larger forms of housing under
International Residential Code.
6. Increase the number of local builders and
developers who can deliver middle housing –
Through partnerships and a coordinated sequence
of events and programs, build developer capacity
including building long term relationships with local
banks, and provide access to capital though predevelopment loans.
7. Align your city’s inclusionary zoning policy
with housing priorities – A review of Calistoga’s
inclusionary zoning policy, including a review of the
in-lieu fee.
8. Understand the full range of available homebuyer
assistance programs – An itemization of programs;
provide examples of policies and procedures for
administration; how programs can be structured to
serve different target groups (e.g. city employees,
teachers, hospitality workers, general public). Includes down payment assistance.
Item #8.2.
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urb s w o r k s
PART
02 Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 3 The nine plays in this playbook were selected to address several common housing affordability issues.
Problem: Cities suffer from a lack of housing and housing choices Solution: Permit, encourage, and foster housing abundance – Enable more market-rate housing, meet housing demand, alleviate upward pressure on the market, and allow for filtering in the future. In the housing market, filtering refers to the process by which housing becomes more affordable with age.
Plays which address this problem:
» Evaluate middle housing feasibility across three geographies found in most cities (1) » Incentivize middle housing production (2)
» Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing (3)
» Incentivize middle housing production by streamlining approval processes (4) » Adopt local amendments to the building code to unlock middle housing (5) » Increase the number of local builders and developers who can deliver middle housing (7) » Align your city’s inclusionary zoning policy with housing priorities (8) Addressing the causes of housing affordability issues
HOUSING ABUNDANCE
Problems
and Solutions 02Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 4 Problem: It’s expensive to build housing
Solution: Provide value for builders who build affordable homes – Land and construction is expensive. Buy down the cost of housing with public money.
Plays which address this problem:
» Incentivize middle housing production (2)
» Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing (3)
» Incentivize middle housing production by streamlining approval processes (4) » Adopt local amendments to the building code to unlock middle housing (5) » Increase the number of local builders and developers who can deliver middle housing (7) » Align your city’s inclusionary zoning policy with housing priorities (8) Problem: It’s expensive to buy a house
Solution: Give people money to buy homes – Houses are more expensive than a lot of people can afford. Give public money to help people buy houses.
Plays which address this problem:
» Understand the full range of available homebuyer assistance programs (6) HOMEBUYER HELP
PROBLEMS AND SOLUTIONS
LOWER COST
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 5
VALUE FOR
BUILDERS
PROBLEMS AND SOLUTIONS
Problem: Restrictive or arbitrary zoning can make construction more expensive
Solution: Enable less expensive construction – Building codes and zoning codes can arbitrarily restrict building types that are cheaper to build. Amending local codes can enable smaller-scale housing projects that have a lower financial return for the builder.
Plays which address this problem:
» Evaluate middle housing feasibility across three geographies found in most cities (1) » Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing (3)
» Incentivize middle housing production by streamlining approval processes (4) » Adopt local amendments to the building code to unlock middle housing (5) » Increase the number of local builders and developers who can deliver middle housing (7) » Align your city’s inclusionary zoning policy with housing priorities (8) Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 6 PART
03 Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 7 Playbook 03Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 8 PLAY
#1
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 9 Play #1 | Evaluate middle housing feasibility
across three geographies found in most cities
Play #1 provides a visual key or general rule of thumb for comparing middle housing feasibility across the three geographies found in most cities, including Calistoga: Downtown edge, residential infill, and rural periphery. It is intended to answer a common question that cities ask:
How do we enable entry-level homeownership opportunities while advancing our General Plan goals?
The three geographies
» Downtown Edge – Redevelopment of commercial or multifamily parcels on the edges of downtown. This does not include core downtown commercial district or main street parcels except as a transitional land use or accessory use.
» Residential Infill – Redevelopment of smaller parcels in established single-family neighborhoods.
» Rural Periphery – Greenfield development of larger parcels on the edge of town which are mostly undeveloped and zoned as rural residential.
Feasibility Categories
Land Cost
Land cost is one of the primary contributors to housing costs. Increasing housing density can effectively distribute these costs across multiple units, making each unit more affordable. Typically, downtown areas have higher land costs, the periphery has lower costs and established neighborhoods fall in the middle. However, in Calistoga, land prices are uniformly high across all areas.
Consequently, to offer affordable housing for moderate-income and middle-class households, new developments in Calistoga must feature significantly higher density relative to established neighborhoods.
Play #1 | Evaluate middle housing feasibility
across three geographies found in most cities.
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 10 Infrastructure Costs
Middle housing projects often necessitate extending
or upgrading utility and street infrastructure with costs typically passed on to future renters and homeowners.
Downtown areas have robust existing infrastructure,
leading to lower associated costs, while greenfield sites on the periphery require extensive and costly utility service extensions, often making projects infeasible without public subsidies. Established neighborhoods may need minor
infrastructure upgrades to accommodate increased density, resulting in moderate costs.
Downtown and neighborhood infill sites rely on existing streets while greenfield sites typically require new streets.
Since downtown streets are built-out with sidewalks, bike lanes, on-street parking, and water and wastewater piping, downtown housing projects have the lowest infrastructure costs. For neighborhood infill projects, infrastructure costs are comparable with downtown if streets are improved;
however, neighborhood streets may lack sidewalks.
Infrastructure service for peripheral housing faces the highest costs, frequently requiring public subsidies.
Parking Needs
On-site parking is costly to build, and these costs are passed on to future residents through higher rents and
sales prices. Housing on the periphery, being farther
from jobs, amenities, and public transportation increases residents’ reliance on personal vehicles, necessitating more parking spaces per housing unit. Central neighborhoods
and downtown edges benefit from better public transit,
walkability, bike-ability, and shared parking, reducing the need and cost for extensive parking infrastructure.
Downtown projects can often eliminate on-site parking
requirements entirely, while established central
neighborhoods can typically reduce parking requirements to 0.5-1 space per unit, including adjacent street parking.
In contrast, peripheral projects commonly require 2 spaces per unit, and existing street designs often exclude street parking. Although greenfield sites can incorporate alleys, street parking, and commercial neighborhood amenities
to support walkability, they do not substantially reduce automobile dependence.
Additional information about parking strategies to support middle housing can be found in Play 3, Concept B (right-size parking requirements and site design standards to support housing goals).
Building Height & Coverage
Middle housing requires additional height, floor area,
and building coverage compared to single-family homes.
Without flexible development standards, these projects are less feasible. Middle housing has a scale and granularity that is highly compatible with existing single-family
neighborhoods, these projects are modestly more intense than existing single-family properties. This intensity is usually not controversial on the edges of downtowns or
along commercial corridors, where higher activity levels and development concentration are expected. In fact,
middle housing is often a desirable land use transition from commercial areas to single-family neighborhoods.
However, higher-intensity housing on the periphery is
often unpopular due to the stark contrast in intensity from surrounding land uses and the displacement of trees, natural spaces, or agricultural land.
Proposing middle housing in established single-family
neighborhoods is nearly always controversial. Opponents worry about impacts on neighborhood character, property values, and traffic. Overloading public infrastructure such as schools and school crowding is often cited as a concern as well. These neighborhoods are highly desirable, and limiting housing options to single-family homes further drives up housing prices.
Environmental Impact
Middle housing development has varying environmental
impacts based on location. On downtown edge sites, it often replaces old parking lots and low-rise commercial buildings, improving landscaping and environmental performance
in accordance with modern regulations. It also supports car-free or car-light lifestyles, reducing per capita carbon footprints.
In neighborhood infill sites, while it may slightly reduce planted areas or tree canopy coverage, middle housing
development, when paired with sidewalk and street tree
improvements, offsets private vegetation loss and promotes active mobility options. However, on peripheral sites,
middle housing often replaces significant natural spaces or agricultural land, resulting in a substantial environmental impact due to increased impervious surfaces, major
re-grading, and vegetation clearing. Many rural residential properties are also located in hillside areas where substantial regrading is both more necessary for middle housing and more environmentally disruptive. Periphery lots also tend to promote car-dependent lifestyles, contributing to higher per capita VMTs and carbon footprints.
PLAY #1 | EVALUATE MIDDLE HOUSING FEASIBILITY ACROSS THREE GEOGRAPHIES FOUND IN MOST CITIES Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 11 Development Approvals
Development approvals are relatively simple for downtown edge sites and neighborhood infill projects. In contrast, greenfield sites on the periphery require more approvals and complex reviews, making them more time-consuming
and costly.
Infill and redevelopment sites typically benefit from existing streets and utilities, whereas peripheral middle housing often necessitates new street construction and off-site infrastructure development.
Rezoning approvals are more challenging when they do not align with the Land Use Element.1 Currently, middle housing is misaligned with rural residential policies, somewhat aligned with medium-density policies, and highly aligned 1 (n.d.). Calistoga General Plan Land Use Element. Calistoga General Plan. https://www.ci.calistoga.ca.us/home/showpublisheddocument/27785/636361424720130000 with high-density residential and commercial land use
designations. While the City Council can amend the Land Use Element and comprehensively rezone the city to meet housing goals, this process is complex, time-consuming, and requires significant community buy-in. Additionally, greenfield development often involves subdividing
large tracts of land, detailed planning, environmental
assessments, and regulatory compliance, making it
more complex and time-consuming compared to infill
development.
Off-site infrastructure upgrades, rezoning challenges, and subdivision processes mean that greenfield development
on rural residential properties face the most challenging approvals, followed by single-family infill, with downtown commercial approvals being the fastest and least complex.
Downtown Residential Infill Rural Periphery
Land cost High Medium Low
Infrastructure costs Low Medium High
Parking needs
Low
0-1 cars typically needed
per household
Medium
1-2 cars typically needed
per household
High
2 or more cars typically
needed per household
Building height & coverage Low controversy High controversy Medium controversy Environmental impact Low Medium High
Development approvals Simple Complex Complex and time
consuming
Table 1. Feasibility assessment matrix
PLAY #1 | EVALUATE MIDDLE HOUSING FEASIBILITY ACROSS THREE GEOGRAPHIES FOUND IN MOST CITIES Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 12 PLAY
#2
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 13 Overview of strategies
2.1 Streamline design and development standards
and approval procedures
See Play #4 – Streamline process and approval procedures to incentivize middle housing production.
Lead: City zoning and building department or staff.
Partners: Development community, planning commission.
Benefits: Great benefits; can greatly improve feasibility of middle housing in all geographic areas.
Level of difficulty: High degree of difficulty; complex and time consuming due to the need for public engagement and/or legislative amendments to city zoning.
Where it has been used: Oregon cities.
2.2 Provide pre-approved house plans for ADUs and
middle housing
Several cities provide pre-approved plans for middle housing and ADUs.
Lead: City zoning and building department or staff.
Partners: Development community, planning commission.
Benefits: Medium benefits; can improve feasibility of ADUs or middle housing but may be limited to certain types of housing only (such as ADUs).
Level of difficulty: High degree of difficulty; requires coordination between private and public entities (city permitting and non-government technical specialists), and / or between public agencies that don’t typically coordinate, such as building and development permitting departments.
Where it has been used: City of Lacey, WA; City of Spokane, WA; City of Bend, OR.
2.3 Within walkable and transit served areas, waive
parking requirements for middle housing.
For more information about this strategy, see Play #3 – Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing, Concept D.
Play #2 | Incentivize middle housing
production.
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 14 Lead: City zoning and building department or staff
Partners: Business association, local parking management entity.
Benefits: Great benefits; vastly increases feasibility for middle housing in downtown areas.
Level of difficulty: High degree of difficulty due to need for analysis, assessment of risks and benefits, and public engagement; may require modification to administrative
procedures. Execution can be streamlined if waivers are granted administratively as opposed to quasi-judicially.
Where it has been used: Pendleton, OR, McMinnville, OR, and most medium to large Oregon cities.
2.4 Reduce development capacity for a
single dwelling unit.
Reduce allowed floor area ratio (FAR) or other building envelope allowances to reduce the default development
capacity; instead, calibrate maximum development capacity to that needed for a compact middle housing dwelling type, then bonus back additional FAR for additional units (see next strategy).
Lead: City zoning and building department or staff.
Partners: Building and development applicants.
Benefits: Great benefits; cities who have instituted this program have seen an increase in development applications for smaller, compact dwelling units.
Level of difficulty: High degree of difficulty; requires coordination between public agencies who don’t typically coordinate, such as building and development permitting departments; requires more tracking and administration by development permitting staff.
Where it has been used: Portland, OR; other cities.
2.5 Grant development capacity bonus for 2
or more dwelling units.
In conjunction with the previous strategy, grant additional floor area ratio (FAR) or other building envelope allowances to reward a second dwelling (or additional dwellings) on a single lot.
Lead: City zoning and building department or staff.
Partners: Building and development applicants.
Benefits: Great benefits; cities who have instituted this program have seen a dramatic increase in multiple dwelling units housing types, such as quadplexes.
Level of difficulty: High degree of difficulty; see strategy 2.4.
Where it has been used: Portland, OR; other cities.
2.6 Enact zoning changes to permit and
streamline middle housing.
For more information about this strategy, see Play #3 – Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale
housing; Play #4 – Incentivize middle housing production by streamlining approval processes, and Play #5 – Adopt local amendments to the building code to unlock middle housing.
Lead: City zoning and building department or staff.
Partners: Development community, planning commission.
Benefits: Great benefits; will vastly improve feasibility of middle housing in all geographic areas.
Level of difficulty: High degree of difficulty due to need for public engagement; will require modifications to the zoning code. Execution can be streamlined if more approvals are set to be processed administratively. This strategy is “scalable,” meaning it can be applied to a single neighborhood or zone district as a pilot project or test; if successful can be extended to other areas or applied citywide. Scalable also means the strategy can be initially applied to selected housing types such as ADUs, then expanded.
Where it has been used: All medium to large Oregon and
Washington cities; many California cities.
2.7 Adopt a form base approach toward
middle housing.
For more information about this strategy, see Play #3 – Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale
housing; Play #4 – Incentivize middle housing production by streamlining approval processes, and Play #5 – Adopt local amendments to the building code to unlock middle housing.
Lead: City zoning and building department or staff.
Partners: Development community, planning commission.
Benefits: Great; will vastly improve feasibility of middle PLAY #2 | INCENTIVIZE MIDDLE HOUSING PRODUCTION
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 15 housing in any geographic areas to which it applies; is scalable (see Strategy 2.6).
Level of difficulty: High; similar to Strategy 2.6.
Where it has been used: Most medium to large Oregon cities.
2.8 Build small developer local capacity.
Provide local, aspiring developers training and mentorship to help them take the first steps toward developing their own small-scale real estate development projects. In addition to organizations named in Play #5, Incremental Development Alliance is an organization that provides education and coaching. See Play #7.
Lead: City zoning and building department or staff and small developer program.
Partners: Business association, financing institutions, housing authority, affordable housing providers, development
community.
Benefits: Great benefits; vastly increases likelihood that middle housing will be built.
Level of difficulty: Medium degree of difficulty due to less public engagement than is required for other strategies.
Where it has been used: Memphis, TN
2.9 Coordinate with local financing
institutions.
Along with building small developer capacity, highlight local banks’ financing packages or programs available for middle housing and/or ADUs.
Lead: Permitting center and staff, community engagement department or staff.
Partners: Business association, financing institutions, housing authority, affordable housing providers, development
community.
Benefits: Great benefits; similar to Strategy 2.8.
Level of difficulty: Medium degree of difficulty; similar to Strategy 2.8.
Where it has been used: Lacey, WA
PLAY #2 | INCENTIVIZE MIDDLE HOUSING PRODUCTION
2.10 Make the new Accessory Dwelling Unit
federal housing allowances explicit.
Among other new rule changes regarding ADUs, new federal housing policies allow 75% of the estimated ADU rental
income for some borrowers to qualify for an FHA-insured mortgage on a property with an existing ADU. Additional income flexibility helps increase access to homes with ADUs for homebuyers with limited incomes, allowing them to
benefit from the wealth-building opportunity of a property with an ADU.
Lead: Permitting center and staff, community engagement department or staff.
Partners: Business association, financing institutions, housing authority, affordable housing providers, development
community.
Benefits: Modest benefits; limited to ADUs.
Level of difficulty: Low degree of difficulty; as an
informational campaign, it can be implemented by a number of public and private entities.
Where it has been used: ADU development consultants and ADU educational resources.
2.11 Make “visualizing middle housing”
and “visualizing density” presentations,
publications, and tours broadly available.
Assemble and make available middle housing examples in the local area; provide images and data about density, livability, and affordability of ADUs and middle housing. Encourage selfled tours and organized tours for local planning commissions or elected officials.
Lead: Community engagement department or staff.
Partners: Development community, planning commission,
supportive neighborhood representatives, affordable housing providers and advocates.
Benefits: Great benefits; physical tours and presentations of actual, built middle housing have been successful at building public support for middle housing and positively changing elected and appointed officials’ policy decisions.
Level of difficulty: Low degree of difficulty; similar to Strategy 2.10.
Where it has been used: Oregon DLCD (Department of Land Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 16 PLAY
#3
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 17 Middle housing which serves as entry-level for-sale housing has historically played an important role in downtowns, and was especially common in transitional areas surrounding downtowns, one or one-half block back from core areas, or corridors or highways extending from downtown areas. For the purposes of this study, it is assumed that entrylevel, for-sale housing may take the form of:
» Compact housing that is attached (not stacked), on fee-simple lots, such as rowhouses, or attached and stacked duplexes, triplexes, four-plexes, or
» Small apartment buildings with a condominium or equity ownership arrangement.
While such housing was common in the past, new construction of such housing (as well as revitalization of pre-existing housing) is prevented these days by land use codes and parking requirements. This is true for both rental and ownership housing.
Surburban-style parking requirements pose a particular barrier to middle housing. As acknowledged in Calistoga’s development code, specifically
17.36.1101
regarding in-lieu parking provisions: “The in-lieu parking program is developed to recognize the uniqueness of the downtown business core, recognize structures established when automobiles were not a primary mode of transportation and to facilitate the continued development of the downtown business core without compromising the character of the downtown.” That is why several concepts and strategies described in this play recommend parking reforms.
Concept A - Permit higher intensity middle housing in
commercial zones
Downtown areas and downtown business districts have historically included traditional forms of middle housing, such as duplexes and small apartment buildings, often called garden apartments. It was common to find a “transition zone” around downtown areas or extending along historic highways and corridors that were middle housing friendly, especially if they were walkable. Because of this historic development pattern, rezoning for higher intensity development is typically not controversial.
Specific strategies that support the concept
1 City of Calistoga (n.d.). Chapter 17.36 OFF-STREET PARKING AND LOADING.
Calistoga Municipal Code. https://www.codepublishing.com/CA/Calistoga/ html/Calistoga17/Calistoga1736.html#17.36.110
Play #3 | Analyze your city’s downtown
commercial zoning district for its potential to
accommodate entry-level, for-sale housing
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 18 PLAY #3 | ANALYZE YOUR CITY’S DOWNTOWN COMMERCIAL ZONING DISTRICT FOR ITS POTENTIAL TO ACCOMMODATE
ENTRY-LEVEL, FOR-SALE HOUSING
» In a zoning code that is attempting to allow a wider
range of household living options, it is preferable
to list housing types separately from land uses for a
few reasons: homeownership laws change over time
(an example is condominium laws), and it is easier
to coordinate with building codes, especially when
they are updated. With the reintroduction of middle
housing, how homebuilders and developers respond
to changing demographics and household needs
will evolve and housing types are a more precise
description of the intended development.
» Distinguish housing types from land uses in permitted uses. Create a new housing type table that shows
which housing types are permitted in each zone to
clear up the confusion between use types and housing
types.
» Expand the forms of residential types that are
permitted in commercial zones.
» In mixed-use area, permit standalone residential
development. Mixed-use should be permitted within
the district, property, and building, but not required.
Zoning codes create problems when they prescribe
percentages of land uses to every building within a
zoning district. Instead, adopt a form based, locationspecific strategy for ground floor retail uses (see “required retail” provisions in the next bullet). The
building code addresses issues of use separation
and compatibility; additional regulations concerning
the mix of uses is not necessary, and can stifle
development when the market shifts. This trend in
zoning codes, which many cities adopted in the 1980’s
and later, has had devastating effects on the feasibility of downtown housing. Where such provisions continue
to exist, they should be removed.
» If a ground floor “required retail” provision applies to the downtown, carefully consider and limit where it
applies. Limit locations to specific downtown streets
and frontages where retail or retail-supporting
storefront design is critical. This is a more positive form based approach and doing so will remove a major
barrier to residential uses downtown.
» Broadly permit vertical and horizontal mixed-use.
Limitations on the percentage, share, or location of
residential uses should be eliminated to promote
flexibility in design and encourage development of
residential projects.
» Amend the zone with a purpose statement explicitly
supporting and describing the objective for a mix
of ownership and rental housing in the downtown.
Explicitly name middle housing forms as an objective
for the zone district.
Concept B – Right-size parking requirements
and site design standards to support
housing goals
Middle housing is not feasible without some relief
from conventional suburban parking requirements.
Financial studies typically direct cities to address parking requirements as a way to lower housing barriers and
increase housing feasibility. Specific recommendations
include reducing or removing minimum parking
requirements and modifying parking lot siting and parking standards.
Surface parking adds cost to housing, and of course costs increase when a structure is required. The cost of providing parking works against goals to provide more housing at
price levels that are affordable and attainable. Given site and cost constraints, parking requirements prevent needed housing from being built.
Specific strategies that support the concept
» On-street parking and shared parking options
become very important for land uses that are space
constrained, such as middle housing.
» Parking dimensions and maneuvering requirements
that typically apply to apartment development should
not be applied to middle housing. Instead, “rightsize” parking lot siting standards for middle housing.
Typically, middle housing developments of more than
four units but less than eighteen need relief from
multi-family parking standards.
» Providing high quality, safe, secure, and easy-to-access bicycle parking is important to reducing car usage.
Middle housing consisting of more than four units
should require bicycle parking, however, they should
be right-sized for middle housing.
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 19 PLAY #3 | ANALYZE YOUR CITY’S DOWNTOWN COMMERCIAL ZONING DISTRICT FOR ITS POTENTIAL TO ACCOMMODATE
ENTRY-LEVEL, FOR-SALE HOUSING
» Mid-century parking zoning practices require more
parking to be “on site” (i.e., off the street, or off-street) and as a result, housing is physically and financially
infeasible. Small changes to requirements can make a
big difference:
» Reduce the amount of horizontal landscaping.
Instead, provide options to meet landscape
objectives through less land-intensive measures.
Examples include vertical landscaping (e.g., green
walls), or low fences and walls.
» Reduce the parking requirement per dwelling unit.
Reductions as small as changing 2 to 1 or 1.5 to 1
can improve a middle housing project financial pro
forma.
» Eliminate or waive parking requirements in
walkable, transit-served areas. Instead, leave the
amount of parking which must be provided for
a residential development to the developer and
their financier to determine. Developers and banks
are risk-averse and therefore conservative in their
judgment of how much parking the development
must provide to be marketable. Along with this
strategy, consider adopting a maximum amount
of parking that is permitted on site, as many cities
have done.
» Instead of requiring parking spaces in garages
attached to or next to each dwelling unit, allow
clustered parking. Clustered parking is small,
shared parking areas that serve an entire middle
housing development.
» Expand downtown in-lieu parking allowances to
middle housing.
» Eliminate the requirement for required parking space
to be provided on the same site as the dwelling.
Instead, allow shared parking and remote parking in
proximate locations (i.e., within 150 feet), and allow
on street parking to count toward some or all of the
required parking spaces.
» In conjunction with eliminating or waiving parking
requirements for downtown residential uses, consider
establishing a managed parking district within which
the supply and demand of parking is managed through
timed parking, signage, and enforcement.
Concept C – Establish appropriate design
strategies for residential development in
downtown or corridor context areas
In infill neighborhood contexts, middle housing is
encouraged to “fit in” to the dominant physical form
established by single dwelling residential structures (i.e., to fit into a building envelope shaped like a house). A similar form based code approach can be used to encourage
residential structures to “fit in” to a business district where maintaining a traditional downtown building form is desired (i.e., a traditional boxy, flat-topped main street-oriented building). Adjustments should be made to accommodate
housing instead of commercial uses.
Specific strategies that support the concept
» Adjust commercial building design standards to
accommodate ground floor residential uses. This
includes allowing (or requiring) building lobby
setbacks and residential entry courtyards.
» Require vertical and horizontal separation to ensure
ground floor residential privacy; use a form based
approach, clear and objective standards, and a menu
approach (see Play #4 – Incentivize middle housing
production by streamlining approval processes).
» Provisions that increase or accelerate the development of a walkable downtown will support middle housing
and ownership housing downtown. Improvements
such as through-block pedestrian and bicycle
connections, mid-block crossings, lighting, wayfinding
signage, attractive and safe walking routes to
parking all help, as does frequent transit service and
comfortable, safe, and easily accessible waiting areas.
Providing downtown residents with secure, sheltered
bike parking makes life without a car (or fewer
cars) feasible. Besides being important for general
downtown vitality, mid-block crossings provide access
to shared parking facilities on adjacent blocks, which
may make some residential projects more feasible.
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 20 PLAY
#4
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 21 Establish clear and objective site and design criteria
and predictable approval processes.
Middle housing
The term “middle housing” refers to forms of housing that are neither large-scale apartments (dwelling units inside an apartment building) nor a single detached house on a typical fee-simple lot. In between these two types of dwelling units exists myriad other housing forms, such as cottages, courtyard apartments, duplexes, triplexes, quadplexes, and rowhouses. These housing types are often called “middle housing.” Historically, middle housing was a common sight in US cities. The advent of zoning and development regulation in the 1920’s resulted in the eventual exclusion of these housing types in favor of single detached houses on fee-simple lots. This process was hastened in the years after World War II, with vast federal investment in housing through the GI Bill and other programs. This led to the expansion of suburban areas, where cities adopted further zoning restrictions that limited or prohibited middle housing. The “single-family” zoning that was adopted on a widespread basis by US cities dictated the size of residential lots; the form and shape of dwellings; the types and numbers of households that could live in them; and requirements to provide parking on the same site as the dwelling.
A brief history of discretionary review of housing
During the postwar period, single family suburbs expanded, middle housing disappeared, and multi-family housing in the form of apartment buildings was segregated to specialized zones. During this period, federal home loan programs favored single family-zoned areas that were intentionally racially exclusive, requiring that housing developments include codes, covenants, and restrictions that precluded the purchase of homes by racial, ethnic, and religious minorities.
Additional design scrutiny for multi-family apartment buildings became the norm for most US cities. The outward logic was, apartment housing should be tightly controlled, limited to certain areas, and provide no negative impact on single family zones; meanwhile, single-family homes were not subject to similar design scrutiny. Review procedures used legislatively approved criteria such as standards for landscape buffers, architectural style, roof slope, etc., but discretion could also be used to deny or delay projects.
Play #4 | Incentivize middle housing
production by streamlining approval processes
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 22 Design review that involves discretion and that is targeted at preventing or delaying multi-dwelling residential
development persists in many city zoning codes today,
even while middle housing is gaining support, concepts of fairness in housing and housing choice are not just federally mandated but popularly supported, and segregating
communities along racial, ethnic, or religious lines is prohibited.
Fairness
With new state legislation requiring middle housing in
single family zones, the distinction between multi-family versus single-family housing dissolves. Accessory dwelling units and duplexes are by definition multiple dwellings on one lot, therefore they are synonymous with multi-family housing.
In response to this shift, cities are changing terms and definitions in their zoning codes, and now refer to
“dwellings” instead of “families” (e.g., multi-dwelling as opposed to multi-family). Zoning by housing type instead of by multi-family and single family (e.g., duplexes, triplexes, etc.) is now common.
Middle housing reforms are focused on allowing middle
housing—duplexes, for example—on all lots that permit
only single detached houses, and removing barriers that limit such housing. Reforms require that approval criteria or procedures must be applied equally to all types of housing, whether single- or multi-dwelling. Criteria used to approve housing must be “clear and objective,” that is, measurable or verifiable. Compliance is provided with yes or no answer (i.e., no discretion and no conditions of approval). The most successful clear and objective design approval systems use a form based approach, apply dimensional standards and
menu options, and are administratively processed.
Clear and objective design approval is more fair. It ensures that multi-dwelling housing is subject to the same
approvals that single-dwelling housing has enjoyed. It
ensures that discretionary approval cannot be abused to exclude homes for certain people or families. The benefits are greater fairness and compliance with federal fair housing laws, but also predictability for developers and affordable housing providers. It is an important reform to address the housing crisis.
Basic elements of a clear an objective system
Projects are approvable because they comply with:
» Dimensional standards or percentages (i.e., linear feet, square feet, 50%).
» The required number of menu options (if menu
options are used).
» A form based approach (e.g., proposed development
fits into a pre-defined shape such as a building
envelope).
» An administrative procedure and are not subject to
design review or discretionary process.
Example – A model code for clear and objective design
standards
Table 2 (next page) is an excerpt of a model code for
design standards applicable to all forms of single dwelling and middle housing. The system can even be adapted for
application to apartment or mixed-use buildings.
Model code design objectives - Establish a minimum level of design standards for all types of dwelling units which promote attention to detail, human-scale design, street visibility, and privacy of adjacent properties, while affording flexibility to use a variety of architectural styles. Site design standards are intended to facilitate the development
of attractive housing that encourages multimodal
transportation.
Table 2 (next page) is an example listing of design
objectives, design standards, and applicability.
PLAY #4 | INCENTIVIZE MIDDLE HOUSING PRODUCTION BY STREAMLINING APPROVAL PROCESSES Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 23 Design objectives (examples) Where it should be applied (examples) Articulation – All street-facing buildings must incorporate design elements that break up façades into smaller planes.
To all street-facing façades, or façades facing shared open space such as a cottage cluster or courtyard apartment
common green. Apartments must meet these standards for
all ground floor units that face the street.
Eyes on the street – A certain percentage of the area of each street-facing façade must be windows or entrance doors.
Main entrance – On street-facing façades, at least 1 main entrance must meet standards for location, orientation, and visibility.
Detailed design – All street-facing buildings must include several features selected from a menu.
Transitional space – Governing public-to-private transition for privacy, ensuring that there is vertical or horizontal separation from the public realm, providing security and visibility.
The transitional space between the public realm and the entry door may be either vertical or horizontal, as described in the standards.
To ground floor dwellings:
» With access from the street or shared open space (e.g., a common open space).
» Where the access entry door is within a certain number of feet of the street facing property line (or within the front setback).
» When access entry door is within ten feet of a shared open space common tract or easement.
Design of common open space – Governs minimum amount
of open space, location, orientation of dwelling units to open space, etc.
To any dwelling type that requires shared open space, such as cottage cluster or courtyard apartment.
Shared or clustered parking areas – Governs parking lot location, landscaping, and screening. Applies to middle housing with four or more parking spaces.
Table 2. A model code for clear and objective design standards PLAY #4 | INCENTIVIZE MIDDLE HOUSING PRODUCTION BY STREAMLINING APPROVAL PROCESSES Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 24 PLAY
#5
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 25 Enable single-stair quadplexes (and larger forms
of housing) under International Residential Code
(IRC).1
Neighborhood-scale apartment buildings, also known as “missing middle housing,” were once a vital source of naturally affordable housing in California and nationwide. However, these housing types have been largely eliminated from US cities due to restrictive zoning and building codes. While many cities have reformed zoning codes to encourage middle housing, far fewer have addressed building code barriers.
Current regulatory landscape in Calistoga
In Calistoga, construction of 1- and 2-family dwellings and townhouses up to three stories is governed by the International Residential Code (IRC). This excludes small multi-unit buildings with 3-6 units, which are regulated by the International Building Code (IBC).2 The IBC, designed for large-scale commercial buildings, imposes standards that significantly increase construction costs for small multi-unit buildings compared to those built under the IRC. Additionally, there is a scarcity of subcontractors skilled in small-scale IBC projects, whereas home builders familiar with the IRC are common in most markets.
Key differences between IBC and IRC
Major differences between IBC and IRC construction standards involve advanced methods for fire safety and structural reinforcement. However, buildings with 3-6 units are more similar in scale, structure, and use to single-family homes or duplexes than to large apartment buildings. In fact, small multi-unit buildings offer more compartmentalization, thus offer more fire protection per square foot than single-family homes of similar size.
California limitations to local code amendments
California adopts building codes at the state level while authorizing local governments to amend these codes (Cal. Code of Regs., Title 24).3 Local
amendments must be supported by express findings and are restricted to changes necessary due to local climatic, topographical, geological, or environmental conditions. These amendments can be equally or more 1 International Code Council (n.d.). International Residential Code. https://www. iccsafe.org/products-and-services/i-codes/2018-i-codes/irc/ 2 International Code Council (n.d.). The International Building Code. International Code Council (n.d.). International Residential Code. https://www.iccsafe.org/ products-and-services/i-codes/2018-i-codes/irc/
3 California Department of General Services, Division of the State Architect (n.d.).
Overview Title 24. Building Standards Code as Adopted by the Division of the State Architect. https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/Overview-Title-24-Building-Standards-Code Play #5 | Adopt local amendments to the
building code to unlock middle housing
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 26 restrictive but not less restrictive than the state-adopted building code. Although the State does not assess the merits of the express findings, it will reject amendments that are not “reasonably necessary” due to the aforementioned local conditions.
Precedents
In some states, local amendments can be adopted by a
popular vote from the City Council. For instance, in 2022, the Memphis City Council adopted a local building code
amendment allowing buildings with up to 6 units to be
included in the IRC. While California’s restrictions on local amendments complicate Calistoga’s ability to implement
quick building code reforms, recent precedents indicate a growing appetite for state-level building code changes to facilitate more affordable and livable urban housing, even with perceived impacts on fire safety:
» In 2023, California and Washington adopted state-wide building code changes allowing apartment buildings
up to 6 stories with a single means of egress.
» In 2023, the Oregon legislature passed a bill requiring the Department of Consumer and Business Services
to update Oregon Structural Specialty Code to allow
single-exit residential occupancies.
» In 2023, North Carolina House Bill 488 made a similar change to include buildings with up to 4 units under
the State residential code. conditions.
» In 2022, an architect in Washington State, working
with the Seattle AIA (American Institute of Architects) Housing Task Force, requested the State to regulate
buildings up to 6 units under the IRC. In 2024,
Washington House Bill 2071 initiated the process for
these modifications.
Code amendment alternatives
Without a local ordinance or code amendment, California allows local building departments to approve alternative materials and construction methods for residential
structures, even if not explicitly permitted by the state building code. Local departments can approve these
alternatives on a case-by-case basis if they meet or exceed the performance, safety, and health protection standards of the California Building Standards Code.4
Local departments
may also require tests to substantiate the performance of these alternatives.
4 California Department of General Services, Division of the State Architect (n.d.). Building Standards Commission. California Department of General Services. https://www.dgs.ca.gov/BSC/ Codes
PLAY #5 | ADOPT LOCAL AMENDMENTS TO THE BUILDING CODE TO UNLOCK MIDDLE HOUSING Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 27 Recommendations
If Calistoga would like to promote naturally affordable middle housing building types, the City should reform
building code to enable the construction of up to 6 unit buildings to be regulated by IRC.
» Local Amendment – If the City can make express
findings that this amendment is necessary due to local
climatic, topographical, geological, or environmental
conditions, Calistoga should work to get buy-in from
local builders, code officials, and fire officials and
adopt this local amendment to building code and file
the amendment with the California Building Standards
Commission.
» State Code Change – If express findings cannot
be made that “reasonably necessitate” these local
amendments, Calistoga may consider collaborating
with their local AIA chapter to submit a request to
change the California Building Standards Code to
either allow up to 6 units under IRC or, adopt enabling legislation that allows local governments to make this
change as a local amendment.
» Pre-Approved Alternatives – While this code change
request is being processed, Calistoga should consider
working with their local code officials and building
officials to study and create pre-approved alternative
construction methods that allow up to 6 unit
residential buildings to be constructed to standards
equivalent to the IRC.
PLAY #5 | ADOPT LOCAL AMENDMENTS TO THE BUILDING CODE TO UNLOCK MIDDLE HOUSING Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 28 PLAY
#6
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 29
STRATEGY / BRIEF DESCRIPTION LEAD
ORGANIZATION
WHO CAN
APPLY
WHERE IT
APPLIES
Proximity Workforce Housing Program – Down
payment assistance loan (up to 16.5% of purchase
price)
Napa County
Person
working in
Napa County,
up to 120 AMI
Napa County
Affordable Accessory Dwelling Unit Forgivable
Loan Program – Forgivable loan for ADU
production plus assistance for costs (e.g. closing
costs); must rent to low-income household for 5
years
Napa County Homeowner
(any income) Napa County
California Dream for All Shared Appreciation
Loan – Down payment assistance loan (up to 20%
of purchase price)
California
Housing
Finance
Agency
First-time
/ firstgeneration
homebuyers
California
MyHome Assistance Program – Additional down
payment assistance loan (3.5% of purchase price)
California
Housing
Finance
Agency
First-time
homebuyers California
Golden Opportunities Program - Down payment
assistance loan (up to %5 of purchase price)
Golden State
Finance
Authority
Homebuyer ≤
80% AMI California
Mortgage Credit Certificate – Mortgage interest
tax credit (up to 20% of mortgage interest paid per
year)
Golden State
Finance
Authority
First-time
homebuyers,
Qualified
Veteran, or
home in
Targeted Area
California
Table 3. An overview of homebuyer assistance programs
Itemize and detail programs to serve different
target groups (e.g. city employees, teachers,
hospitality workers, general public). Include down
payment assistance programs.
Play #6 | Understand the full range of available
homebuyer assistance programs
Additional information about each of these programs is provided on the following pages as well as in Appendix A.
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 30 Detailed Proximity Workforce Housing Program – Napa
County
Description: “The purpose of the Proximity Workforce
Housing Assistance Program (the “Proximity Housing
Program”) is to assist low- and moderate-income households to purchase a home close to their place of work. The
Proximity Housing Program is intended to strengthen
the jobs-to-housing nexus for members of the Proximity
Workforce by increasing housing opportunities that are
affordable and reducing displacement of those members
who may otherwise choose to purchase homes outside of
the County due to lower home prices.”1
Assistance: Down payment assistance up to 16.5% of
purchase price. The assistance is provided through a 55-year loan that is repaid upon transfer/sale of the home.
Eligible homebuyer: Persons employed for 30+ hours a week in Napa County earning up to 120% of Area Median Income.
Affordable Accessory Dwelling Unit Forgivable Loan
Program – Napa County
Description: The Affordable ADU Forgivable Loan Program provides existing Napa County homeowners a forgivable
loan to construct an accessory dwelling unit on their
property and lease it at an affordable rate to a low or moderate income household for five years, incentivizing the creation of affordable rental housing. The forgivable loan is intended to be used in conjunction with funds from CalHFA ADU Loan Program or other lenders and/or personal savings.
Assistance: Loan of up to $105,000 that is forgiven after 5 years.
The assistance varies depending on the number of
bedrooms for the ADU to be constructed.
» Studio: $25,000
» 1-Bedroom: $60,000
» 2-Bedroom: $85,000
Up to $20,000 in additional assistance is available for the following uses:
» Permit fees for construction within unincorporated
areas
» Use fees for pre-reviewed plans from Napa Sonoma ADU
1 (n.d.). PROXIMITY WORKFORCE HOUSING ASSISTANCE GUIDELINES. County of Napa. https://www.countyofnapa.org/DocumentCenter/View/1298/Proximity-Housing-Homebuyers-Assistance-Program-Guidelines-PDF?bidId= » Closing costs and fees related to conventional
financing
» Escrow account administrative fees
» CalHFA State grant fund fees
Eligible household: Any homeowner-occupant, regardless
of income, that is constructing an ADU on their property and agrees to lease the finished ADU to a household
earning no more than 80% of the Area Median Income at
a rental rate not to exceed the maximum monthly rate set by the California Department of Housing and Community
Development for five years.
California Dream For All Shared Appreciation Loan –
California Housing Finance Agency
Description: This program offers down payment assistance to eligible homebuyers and is intended to be paired with the Dream For All Conventional first mortgage. To participate, a homebuyer must apply for a voucher. Vouchers are provided to applicants on a randomized basis. The opportunity to apply for a voucher closed on April 29, 2024. The homebuyer must utilize a CalHFA approved mortgage lender.
Assistance: The program offers up to 20% of the purchase price of a home for down payment or closing costs
assistance, not to exceed $150,000. Payments on the loan are deferred for 30 years, at which point they are forgiven.
However, if there is a transfer or sale of the home, the loan is repaid plus up to 20% of any appreciation in the home’s value.
Eligible homebuyer: The borrower must be a first time
home buyer and be a first-generation homebuyer. The buyer must also have a household income below the Dream For
All Shared Appreciation Loan Income Limits, which for Napa County in 2024 was $205,000. The homebuyer must also
have applied for and received a program voucher.
PLAY #6 | UNDERSTAND THE FULL RANGE OF AVAILABLE HOMEBUYER ASSISTANCE PROGRAMS Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 31 MyHome Assistance Program – California Housing
Finance Agency
Description: The MyHome Assistance Program provides
deferred-payment junior loans to assist with down payment and/or closing costs. The homebuyer must utilize a CalHFAapproved lender.
Assistance: The assistance is the lesser of 3.5% of the purchase price or appraised value. MyHome may be layered with other down payment assistance programs. This
assistance is a deferred payment loan, but may carry an interest rate. The MyHome loan has a term of 30 years. While repayment is deferred over the life of the loan, principal and interest become due in the event of a transfer or sale of the property.
Eligible homebuyer: A homebuyer must be a first-time
homebuyer and have a household income that does
not exceed the CalHFA First Mortgage and Subordinate
Mortgage income limits, which was $256,000 for Napa
County in 2023.
Golden Opportunities Program – Golden State Finance
Authority
Description: The Golden Opportunities Program provides
down payment assistance up to eligible homebuyers
borrowing a first mortgage from a GSFA approved mortgage lender. A portion of this down payment assistance is fully amortized with monthly payments.
Assistance: The program provides up to 3.5% of the first mortgage loan amount in down payment assistance in
the form of a second mortgage. The second mortgage
is amortized over 15 years with monthly payments and
carries the same interest rate as the first mortgage. There are optional gift funds in the amount of 1.5% of the first mortgage loan amount, totalling up to 5% in total down
payment assistance from the program. The availability of the gift funds are subject to market conditions and do not need to be repaid.
Eligible homebuyer: Unlike other down payment assistance programs, the homebuyer does not need to be a first time homebuyer. The homebuyer must have a household income
at or below 80% of the Area Median Income.
Mortgage Credit Certificate – Golden State Finance
Authority
Description: The Mortgage Credit Certificate (MCC) can
be issued to eligible first-time homebuyers at the time that they close on their mortgage loan. The MCC allows the
new homeowner to file for a tax credit on the following year’s federal income tax return, and every year thereafter through the term of the original purchase loan, resulting in a reduction of federal income tax liability. The availability of MCC funds is subject to availability and provided by the California Debt Limit Allocation Committee.
Assistance: The amount of the tax credit provided by the MCC is equal to 20% of the annual mortgage interest paid.
This credit is provided through filing federal income taxes in the calendar years following the home purchase.
Eligible homebuyers: The homebuyer must be a firsttime homebuyer, a Qualified Veteran, or the home must be located in a Targeted Area.
PLAY #6 | UNDERSTAND THE FULL RANGE OF AVAILABLE HOMEBUYER ASSISTANCE PROGRAMS Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 32 PLAY
#7
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 33 Through partnerships and a coordinated sequence
of events and programs, build developer capacity
including building long term relationships with
local banks, and providing access to capital though
pre-development loans.
Local small real estate developers play a pivotal role in the economic growth and vitality of communities. However, they often face significant challenges in accessing resources, navigating regulations, and scaling their operations. Recognizing this, local governments can play a vital role in empowering these developers through targeted capacity-building programs. This strategy outlines a comprehensive plan for a program aimed at enhancing the capabilities of small real estate developers within our jurisdiction.
The sequence of events described below is focused on middle housing, not ADUs, although a similar series of ADU-specific courses could be adapted from this strategy. See Appendix A for ADU courses offered by organizations and consultants. If the desire is to build capacity for ADU development, keep in mind that the ADU development community is typically homeowners with little or no development experience. Further, access to construction financing is usually limited to homeowner loans, such as a HELOC (Home Equity Line of Credit). Programs and partners for an ADU-specific effort would therefore need to be customized for the audience; e.g., new entrants into the homebuilding industry.
A potential capacity-building program would span a duration of 12 months, consisting of a series of workshops, seminars, networking events, and one-on-one mentoring sessions. These sessions will provide developers with essential knowledge, skills, and resources required to be successful in developing housing in Calistoga. The program structure could include:
» Quarterly workshops and seminars could cover various topics such as real estate finance, zoning and land use regulations, project management, market analysis, and community engagement. These sessions could be conducted by industry experts, government officials, and successful developers. Sessions could be in person, online or hybrid formats.
Play #7 | Increase the number of local builders
and developers who can deliver middle housing
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 34 » Each participating developer could be paired with
a seasoned mentor from the local real estate sector.
Mentors could provide personalized guidance, advice,
and networking opportunities to help developers
navigate challenges and capitalize on opportunities.
» Regular networking events would facilitate
collaboration, knowledge sharing, and partnership
building among developers, local officials, financial
institutions, and community organizations.
» Developers will have access to technical assistance
resources, including assistance with business planning, financial modeling, permit processing, and accessing
public incentives.
Criteria would need to be defined in order to identify and select the developers who would participate in the program.
Criteria could include:
» A demonstrated commitment to increasing the
diversity of housing in Calistoga, and an alignment
with best practices in planning, design and
construction of middle housing.
» Some experience with real estate development: while
the program would be intended to build the capacity
of small-scale developers, it is recommended that the
developers have at least some past experience with
real estate development. A program like this is not
intended to be for new entrants into the industry.
» Developers should have the potential for growth and
scalability. This could be evaluated by their plans,
goals, and the health of their current finances.
Several successful small developer programs have been
implemented in the US, serving as valuable references for designing our program. Examples include:
» Capital Impact Partners Equitable Development
Initiative: In an effort to better ensure that real estate developers truly reflect their city’s diversity and that real estate developers of color are able to participate in growth and revitalization efforts, Capital Impact
Partners have launched the Equitable Development
Initiative in over half a dozen cities across the country.
The program combines local knowledge, partnerships,
and Capital Impact Partners’ key strengths – including
program design and project financing – to support
developers of color to grow their careers and support
communities.
» NYC Small Developer Boot Camp: A program
launched by the New York City Department of Housing
Preservation and Development to provide technical
assistance, financing, and networking opportunities
to small developers focused on affordable and middle
housing.
» Small Developer Boot Camp, Portland: A
comprehensive training program offered by the
Portland Development Commission to support small
developers in navigating the complexities of real
estate development in Portland.
» San Francisco Small Sites Program: A city-led
initiative aimed at preserving affordable housing by
providing financing and technical assistance to small
developers acquiring and rehabilitating small rental
properties in San Francisco.
PLAY #7 | INCREASE THE NUMBER OF LOCAL BUILDERS AND DEVELOPERS WHO CAN DELIVER MIDDLE HOUSING Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 35 Generally, small developers and those beginning to scale their housing development business often face challenges accessing credit from traditional financial institutions. The involvement of community-oriented banks and Community
Development Financial Institutions (CDFIs) is crucial for the success of the capacity-building program for small real estate developers. Banks can provide access to capital, financing, and banking services tailored to the needs of small developers, enabling them to fund their projects and expand their operations. CDFIs, on the other hand, specialize in providing financial assistance and technical support to populations underrepresented within the real estate
development industry. By collaborating with banks and
CDFIs, the program could leverage their expertise, resources, and networks to support small housing developers in
achieving their goals and contributing to the community and economic development of Calistoga.
By implementing this comprehensive capacity-building
program and fostering partnerships with banks, CDFIs, and other stakeholders, Calistoga can empower small real estate developers, stimulate economic growth, and enhance the
vibrancy of its community.
PLAY #7 | INCREASE THE NUMBER OF LOCAL BUILDERS AND DEVELOPERS WHO CAN DELIVER MIDDLE HOUSING Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 36 PLAY
#8
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 37 Adopt a best practice inclusionary zoning policy.
Calistoga’s Inclusionary Zoning (IZ) policy incorporates many best practices but could be better structured align with local market conditions and community housing goals. This analysis explores how Calistoga can refine its policy to influence market dynamics and incentives effectively while ensuring compliance with California state law.
The goals established by Calistoga Ord. 709 § 2, 2015,1 focus on affordable and special needs housing. The City also aims to diversify housing options, boost housing supply, encourage naturally affordable housing, promote middle-class homeownership, and increase on-site affordable units.
In general, inclusionary zoning policies affect development costs, risks, and returns. Policies that hinder housing development can worsen the housing issues that the policy is intended to improve. Conversely, policies that enhance predictability, reduce costs, increase entitlements, offer flexibility, and streamline reviews can improve project feasibility. By focusing on these aspects, Calistoga can mitigate the negative impacts of inclusionary housing policies and better support its housing supply and affordability goals.
Applicability
Currently, Calistoga’s IZ policy applies to residential ownership projects with 5 or more units and all non-residential development. Rental residential projects of any size and residential ownership projects with 1-4 units, including single-family homes, are exempt. This selective applicability negatively impacts larger ownership projects and commercial uses, likely pushing the market towards rental housing and small ownership projects, primarily single-family infill housing.
This conflicts with the policy’s intent and nexus, which address the absorption of developable sites and the demand for services employing lower-wage workers.
While uncommon in California, Calistoga should consider extending IZ requirements to 1-4 unit residential ownership projects, especially single-family infill developments. These projects deplete the inventory of developable sites at the highest rate per unit and often replace existing affordable housing, rather than increasing overall supply. Single-family developments tend to be the most expensive housing, occupied by residents with high incomes, thus creating a disproportionate demand for services that employ lower-wage workers. Exempting these 1 (n.d.). City of Calistoga Inclusionary Zoning (IZ) policy. Calistoga Municipal Code Title 17 ZONING. https://www.codepublishing.com/CA/Calistoga/html/ Calistoga17/Calistoga1708.html
Play #8 | Align your city’s inclusionary zoning
policy with housing priorities
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 38 developments may result in a regressive tax structure,
burdening condo owners while exempting wealthier singlefamily homeowners. The existing Fractional Units2 provisions
are equipped to support single-family projects that would require less than one affordable unit.
To foster middle-class homeownership, Calistoga should
align its IZ policy with other California cities like San Francisco, Los Angeles, and San Diego, which apply IZ to both ownership and rental housing. The California Supreme Court, in California Building Industry Association v. City of San Jose (2015),3 upheld the authority of cities to impose IZ requirements on both for-sale and rental developments, providing a strong legal foundation for such an approach.
Required Units, Affordability, and In-Lieu Fee
Effective IZ policies must be calibrated to local market conditions and structured to support community priorities without impeding housing development. This involves
setting the percentage of required affordable units,
affordability levels, in-lieu fees, and bonus entitlements based on detailed market analysis. Special attention
should be given to how IZ policies impact project risk, timelines, and the capacity and competitiveness of the local development market at different project scales.
» Required Units and Affordability Level – Calistoga’s
IZ policy mandates that 20% of units in applicable
residential projects be affordable to households
earning 120% of the median family income (MFI) or
below, or 10% affordable to those earning 80% MFI
or below. Regularly recalibrate these requirements to
reflect market conditions. If rental housing is included, adjust requirements for rental versus ownership units.
Accounting for the different financial structures and
risk profiles of rental and ownership projects, consider favoring ownership projects to promote moderate2 17.08.020 Affordable housing requirements – Residential development C Inclusionary Requirements 4. Fractional Units. “In determining the number of inclusionary units required, fractional units that may result from the application of these requirements shall be satisfied by one of the two following methods, at the discretion of the applicant: a. Fractional numbers of inclusionary units may be “rounded up” to the nearest whole integer and treated as a whole inclusionary unit. b. Payment of a portion of the in-lieu fee allowed pursuant to subsection (C)(5)(a) of this section in an amount equivalent to the remaining fractional portion of the inclusionary unit requirement.”
3 The California Supreme Court. (2015). California Building Industry Association v. City of San Jose income homeownership.
» 5-19 unit projects – Currently, 5-19 unit ownership
housing projects must seek City Council approval to
pay in-lieu fees instead of providing on-site affordable units. Allowing these projects to provide on-site
units can streamline approvals, reduce timelines, and
support middle housing types which could require less
subsidy for each affordable unit.
» Fractional Units – The existing provision
disincentivizes on-site affordability by requiring whole additional units for fractional requirements, while
in-lieu fees are only partial. Allow combining on-site
units with in-lieu fees, especially for fractional units to encourage on-site affordability.
» In-Lieu Fee – Setting the in-lieu fee schedule is
critical to an effective policy. Local governments
have substantial flexibility in setting their in-lieu
fee rates so long as they comply with California’s
standard that in lieu fees are reasonably related to
public welfare. The in-lieu fee should be set at a level that makes paying the fee comparable to providing
on-site units, including all associated costs and risks over the required affordability period. Adjust the fee
frequently to match local market changes and ensure
it does not disproportionately impact certain projects.
According to the 2023 Housing Element, Calistoga sets
a standard fee per affordable unit. While this approach is simpler to administer, charging the same amount for
an affordable unit regardless of the floor area, bedroom count, amenities, or land cost associated with the
market-rate units incents luxury housing projects, with higher per-unit costs, to exclude on-site affordable units and disproportionately impacts projects that provide
smaller affordable units. Other California cities like San Francisco require that affordable units be of the same
size and bedroom count as the market-rate units. They
then vary their fee based on unit size and adjust the fee schedule annually based on the local Construction Cost
Index (CCI).4
4 Project Management & Development Branch Department of General Services Real Estate Service Division (n.d.). California Department of General Services Construction Cost Index.
DGS California Construction Cost Index CCCI. https://www. dgs.ca.gov/RESD/Resources/Page-Content/Real-Estate-Services-Division-Resources-List-Folder/DGS-California-Construction-Cost-Index-CCCI PLAY #8 | ALIGN YOUR CITY’S INCLUSIONARY ZONING POLICY WITH HOUSING PRIORITIES Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 39 » The City should also be careful to use these fees
quickly and efficiently in supporting the production
of affordable units. Funds not used within 5 years
of collection must be returned. Consider setting a
maximum portion of funds that can be used to pay for
the City’s administrative costs and include this cost in the in-lieu fee.
» In-Lieu Land dedication – Consider amending this
provision to ensure land dedication for in-lieu fees
matches the cost of on-site unit provision and clarify
the value assessment process to avoid negotiation
challenges.
» Off-Site Inclusionary Units – Allowing off-site units can support project feasibility however, off-site units are unlikely to comply with the IZ’s Inclusionary
Dwelling Unit Standards provisions which are designed
to protect against fair housing violations. Evaluate this provision thoroughly to avoid legal challenges.
Inclusionary Dwelling Unit Standards
Calistoga’s current IZ standards generally align with best practices but need refinement regarding the size and
bedroom count of affordable units relative to marketrate units. Currently, projects are incentivized to provide small studio apartments as affordable units, except for the required 10% three-bedroom units. This disproportionately affects projects with smaller market-rate units and incents the production of more expensive market-rate units which have higher rents but experience the same IZ cost burden.
Best practice recommends that required affordable units have a bedroom mix proportionate to the provided marketrate units to ensure equity across different project types.
Compliance
It is important to consider the risks and delays that
procedural and compliance requirements add to
development projects and ensure the City has adequate
compliance monitoring systems in-place. Currently,
in-lieu fee projects must undergo a public hearing for
discretionary approval, a significant regulatory burden.
The City should consider a by-right compliance path
for specific in-lieu fee projects, reducing administrative burden and increasing predictability, enhancing the
feasibility of desired project types. Compliance should be supported through a combination of regular reporting,
on-site inspections, and consistent training with
developers and property managers.
Affordable Housing Incentives
Calistoga can enhance its approach to affordable housing incentives beyond the minimum state law requirements
to better align with local housing priorities. Consider implementing a by-right bonus program with objective
standards for mixed-income and affordable housing
projects, approved administratively. Additional incentives for on-site affordable units could include density
bonuses, reduced parking requirements, expedited
permitting, or financial incentives. Projects utilizing city funds, like the Affordable Housing Fund, should continue to undergo Planning Commission and City Council
review to maintain oversight and discretion.
PLAY #8 | ALIGN YOUR CITY’S INCLUSIONARY ZONING POLICY WITH HOUSING PRIORITIES Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 40 Appendices
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 41 Attachment A
Below is additional information available on websites about the organizations, programs, or strategies described in the Playbook. Besides linking directly to organizations (where available or applicable), links may include articles, analyses, or research.
PLAY 2 - Incentivize middle housing production
City of Bend. (n.d.). Pre-approved accessory dwelling units. https://www. bendoregon.gov/government/departments/community-development/ online-permit-center/accessory-dwelling-unit-resources/pre-approved-accessorydwelling-units Bend, Oregon. Retrieved August 7, 2024, from www.bendoregon. gov
Steuteville, R. (2024, February 7). Cities moving ahead with pre-approved house plans. Congress for the New Urbanism. https://www.cnu.org/ publicsquare/2024/02/07/cities-moving-ahead-pre-approved-house-plans Retrieved August 7, 2024, from www.cnu.org
City of Lacey, WA (n.d.). Accessory Dwelling Units. The Washington State Department of Commerce Recently Awarded the City of Lacey a 2021 Smart Communities Award for its Pre-Approved Accessory Dwelling Unit (ADU) Plans. https://cityoflacey.org/adu/
Residential floor area ratio. https://www.portland.gov/ppd/zoning-land-use/ residential-infill/residential-floor-area-ratio Retrieved August 7, 2024, from www. portland.gov
Incremental Development Alliance. (n.d.). Home. Retrieved August 7, 2024, from www.incrementaldevelopment.org
OlyFed (n.d.). ADU Financing. Accessory Dwelling Units 101. https://www.olyfed. com/home/adu/
Accessory Dwelling Strategies. (n.d.). ADU classes for homeowners. Retrieved August 7, 2024, from www.accessorydwellingstrategies.com U.S. Department of Housing and Urban Development (n.d.). Federal Housing Administration Expands Access to Mortgage Financing for Homes That Have or Will Include Accessory Dwelling Units. Home / Press Room. https://www.hud.gov/ press/press_releases_media_advisories/hud_no_23_237#:~:text=An%20ADU% 20is%20 a%20private,property%20with%20an%20existing%20ADU Urbsworks, Inc. (n.d.). Housing Choices Guide Book: A Visual Guide to Compact Housing Types in Northwest Oregon. https://www.oregon.gov/lcd/Publications/ Housing-Choices-Booklet_DIGITAL.pdf Retrieved August 7, 2024.
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 42 PLAY 5 – Adopt local amendments to the building code to unlock middle housing Opticos Design. (2023, June 30). *Memphis, TN amends local building code to allow up to six units under residential building code (IRC) to enable missing middle housing*. Opticos Design. https://opticosdesign.com/blog/ memphis-tn-amends-local-building-code-to-allow-up-to-six-units-underresidential-building-code-irc-to-enable-missing-middle-housing/ Shelby County Government. (2021). 2021 IRC amendments. https://www. shelbycountytn.gov/DocumentCenter/View/39436/2021-IRC-Amendments-Final Live Work Play. (2022, May 6). Missing middle housing needs a code update. https:// live-work-play.net/2022/05/missing-middle-housing-needs-a-code-update/ Strong Towns. (2023, November 6). North Carolina hopes small code change fills big housing needs. https://www.strongtowns.org/journal/2023/11/6/north-carolinahopes-small-code-change-fills-big-housing-needs North Carolina General Assembly. (2023). House Bill 488: Code Council Reorg. and Various Code Amendments. https://www.ncleg.gov/Sessions/2023/Bills/House/ PDF/H488v8.pdf
California Department of General Services. (n.d.). Local amendments to building standards - Ordinances. https://www.dgs.ca.gov/en/BSC/Codes/LocalAmendments-to-Building-Standards---Ordinances California Building Standards Commission’s- Guide for Local Amendments of Building Standards
California Building Standards Commission (n.d.). California Code Adoption and Amendment for Local Jurisdictions-2022. CBSC. https://youtu.be/u_ DPJJwQuWk?si=wMWUgBhFfLoNDNDk
PLAY 6 – Understand the full range of available homebuyer assistance programs Detailed Proximity Workforce Housing Program –Napa County - Napa County. (n.d.). Proximity housing homebuyers assistance program guidelines. https://www. countyofnapa.org/DocumentCenter/View/1298/Proximity-Housing-HomebuyersAssistance-Program-Guidelines-PDF?bidId= Affordable Accessory Dwelling Unit Forgivable Loan Program –Napa County – Napa County. (n.d.). ADU guidelines [PDF]. https://www.countyofnapa.org/ DocumentCenter/View/28112/NAPA-ADU-Guidelines-ENGLISH-PDF?bidId= California Dream For All Shared Appreciation Loan –California Housing Finance Agency – California Housing Finance Agency. (n.d.). California homebuyer downpayment assistance program [PDF]. https://www.calhfa.ca.gov/ homeownership/programs/loans-cadfa.pdf;
Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 43 MyHome Assistance Program –California Housing Finance Agency – California Housing Finance Agency. (n.d.). California homebuyer downpayment assistance program [PDF]. https://www.calhfa.ca.gov/homeownership/programs/loans-cadfa. pdf
Golden Opportunities Program –Golden State Finance Authority – Georgia State Financing and Investment Commission. (n.d.). Georgia Dream homeownership program: Down payment assistance [Webpage]. https://www.gsfahome.org/ programs/dpa/go.shtml
Mortgage Credit Certificate –Golden State Finance Authority – Georgia State Financing and Investment Commission. (n.d.). Georgia Dream homeownership program: Mortgage credit certificate (MCC) [Webpage]. https://www.gsfahome. org/programs/mcc.shtml
PLAY 7 – Increase the number of local builders and developers who can deliver middle housing
Capital Impact Partners Equitable Development Initiative – Capital Impact Partners (n.d.). Capital Impact Partners. EQUITABLE DEVELOPMENT INITIATIVE. https://www. capitalimpact.org/programs/equitable-development-initiative/ Incremental Development Alliance – Incremental Development Alliance (n.d.). Inc Dev helps locals strengthen their neighborhoods through small-scale real estate projects. What We Do. https://www.incrementaldevelopment.org San Francisco Small Sites Program – City and County of San Francisco (n.d.).
Acquisition and Preservation Financing for Small Sites Program Properties. Mayor’s Office of Housing and Community Development. https://sfmohcd.org/sites/ default/files/Documents/MOH/Small%20Sites/Small%20Sites%20NOFA-2019-final. pdf
ADU development courses and resources
KOL PETERSON (n.d.). Building an ADU – Courses. https://www.buildinganadu.com/ courseshttps://accessorydwellings.org/academy/
American Planning Association (n.d.). Accessory Dwelling Units. KNOWLEDGEBASE COLLECTION. https://www.planning.org/knowledgebase/accessorydwellings/ AARP (n.d.). All About Accessory Dwelling Units. AARP Livable Communities. https://www.aarp.org/livable-communities/housing/info-2019/accessory-dwellingunits-adus.html Item #8.2.
Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 44 PLAY 8 – Align your city’s inclusionary zoning policy with housing priorities Sonoma Courts (n.d.). Who is Watching the Henhouse? Affordable Housing:
Monitoring and Compliance. https://sonoma.courts.ca.gov/system/files/affordablehousing-monitoring-and-compliance.pdf Western Center on Law & Poverty and California Rural Legal Assistance Foundation via Civic Well (n.d.). Inclusionary Housing in California: The Legal Landscape.
Affordable Housing: Monitoring and Compliance. https://civicwell.org/wp-content/ uploads/2022/01/Inclusionary-Housing-in-California-The-Legal-Landscape.pdf SHEPPARD MULLIN RICHTER & HAMPTON LLP (n.d.). Inclusionary Zoning In California: Legal Questions And Issues. Https://www.
Realestatelanduseandenvironmentallaw.com. https://www.
realestatelanduseandenvironmentallaw.com/wp-content/uploads/ sites/48/2011/10/Inclusionary-Zoning-In-California-Legal-Question.pdf NYU Furman Center, Jacob Krimmel, Federal Reserve Board Betty Wang, University of Hong Kong1 (n.d.). Upzoning with Strings Attached: Evidence from Seattle’s Affordable Housing Mandate. https://furmancenter.org/files/publications/ Upzoning_with_Strings_Attached_508.pdf
San Francisco Planning (n.d.). Inclusionary Affordable Housing Program. About. https://sfplanning.org/project/inclusionary-affordable-housing-program Grounded Solutions Network (n.d.). Inclusionary Housing. Designing a Policy. https://inclusionaryhousing.org/designing-a-policy/
Bay Area Housing Element Advocacy Working Group (n.d.). Leveraging the Housing Element to Advance Inclusionary Zoning & Impact Fees. Public Advocates.org. https://inclusionaryhousing.org/designing-a-policy/
The Urban Institute (n.d.). Determining In-Lieu Fees in Inclusionary Zoning Policies Considerations for Local Governments. Www.Urban.org. https://www.urban.org/ sites/default/files/publication/102230/determining-in-lieu-fees-in-inclusionaryItem #8.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning & Building Director
Meeting: City Council - Feb 25 2025
Subject: Housing Development on the City Owned Earl and Eddy Parcels DESCRIPTION:
Housing Development on the City Owned Earl and Eddy Parcels RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
City Council Priorities: The council's 2024/2025 FY goals include the following:
"Prioritize the development of the city owned properties between Earl and Eddy Streets".
In response, staff has prepared this report to provide background information regarding the purchase and initial development efforts of the Early and Eddy parcels; to outline new potential development scenarios, to highlight the city's progress regarding development of affordable housing, and to seek direction regarding developing housing on the subject parcels.
Background: In 2017 and 2018, the city purchased two adjacent parcels of land between Earl and Eddy Streets to be used for the development of housing. The parcels, covering approximately 0.56 acres, are vacant and designated for high-density land use under the general plan, with zoning for multifamily residential and office use. The parcels are listed as a potential affordable housing site (site G) in the city's housing element.
Between 2019-2020, the city initiated the process of developing the Earl and Eddy Street site as an affordable housing project. At that time, the city was working with an affordable housing developer that was proposing a 30-unit, three story complex. The developer was seeking the donation of the land ($1 million valuation) and $2.5 million in additional local subsidies to develop the project.
On April 10, 2020, staff presented the Earl and Eddy Street and the Lincoln Avenue Apartments projects to the City Council Affordable Housing Subcommittee (a predecessor to the current Housing Advisory Committee). At that time, the subcommittee, upon review of both projects, recommended to the City Council that the Lincoln Avenue Apartments project should be the priority project given that it was already entitled, would provide more that double the number (78) of affordable housing units and was seeking fewer subsidies from the city.
On May 5, 2020, the city council directed staff to focus on the Lincoln Avenue Apartment project and no work on the Earl and Eddy Street parcels has occurred since that time.
Item #8.3.
Direction from the City Council: Staff is seeking general initial comments or direction on the following topics:
1) Should staff focus additional research and work on ownership, rental, or both types of units? 2) What level of affordability is the city council most interested in? Options include market-rate, missing middle, low-income, ensuring compliance with remaining RHNA targets, or others. 3) How should this project be staffed? Should it be integrated into existing staff work priorities, or should alternative staffing recommendations be presented to the city council? There are trade-offs between leveraging existing staff who have deep community knowledge and the potential speed of project implementation.
4) What is the city council’s preference regarding land ownership? Should the city retain the land to maintain long-term site control, sell it, or donate it? 5) What level of subsidy is the city council most comfortable with? Should funding come from the General Fund, a portion or all of existing housing reserves, or future revenue allocations? If future revenue is considered, for how many years should it be committed? 6) What density level is the city council comfortable with for this site? Should density depend on the level of subsidy required?
7) Are there any preferred options among those presented? Are there any options that should be ruled out?
Note: City staff sees strong potential in collaborating with the school district on a joint development project, should the district be open to discussion.
ANALYSIS:
Affordable Housing Progress in Calistoga: As shown in the table below, Calistoga is close to satisfying its Regional Housing Needs Allocation (RHNA) obligations under the current (6th) cycle of the city's housing element. This is based on units built, under construction or approved as of December 2024.
_ Category Needed Built/Under Construction/Approved Remainder Very Low (0-50 AMI) 31 64 0
Low (51-80% AMI) 19 16 3
Moderate (81-120 AMI) 19 9 10
Above Moderate (120+ AMI) 50 55 0
_____________________________________________________________________ TOTAL UNITS 119 144 13
The table above indicates that the remaining RHNA requirement for the current (6th) cycle of the housing element is 13 units consisting of 3 units in the low affordability category and 10 in the moderate affordability category.
Earl and Eddy Street Housing Development Scenarios: Since Calistoga met its RHNA in the last housing element cycle (5th / 2015-2023), is close to meeting it's RHNA allocation for the current cycle (6th / 2023-2031) and given the city's record of planning for and developing regulated affordable housing, the council has options in regards to development scenarios for the Earl and Eddy Street's site.
The following options represent just a few possible scenarios. These scenarios are focused primarily on the development of regulated affordable and missing middle housing units (there is no market rate option). Further, there is no detail included at this time in regards to affordability mix, whether the units should be rental or for sale, etc.
Item #8.3.
Additionally, it should be emphasized that the budgets and time frames included in this report represent rough, order of magnitude cost figures and the time frames are ESTIMATES. Fire rebuild efforts in southern California will likely create significant development challenges throughout the state in terms of labor and material cost and availability.
Option 1: Develop the site with the maximum number of regulated affordable housing units possible. This option, like the project proposed in 2019-2020, would leverage density bonuses, concessions, tax credits along with local subsidies to maximize the number of units on the site and should lower the total overall subsidy necessary. The number of units in this scenario is estimated to be 30+/- range. This is the direction that the city was headed in when this project was under consideration in 2019-2020. At that time, developers were seeking $2.5 million from the city and a donation of the land to build the project.
Option 2: Implement a balanced development approach that provides the regulated affordable units necessary to meet the remainder of the city's RNHA allocation and additional units to meet the community's missing middle need. In this scenario, density bonuses, concessions and tax credits would be more difficult to obtain and therefore, additional local subsidies and/or concessions would be required. This option would likely result in 20+/- units and developers would likely request in excess of $3 million from the city and a donation of the land.
Option 3: Develop the site with the maximum number of units based on the project's existing land use/zoning designation. In this scenario, the project would be required to meet all current development standards (density, setbacks, height, parking) and so-forth. Since density bonuses, concessions and/or tax credits are not available for unregulated housing development projects, the city would be required to provide local funding and a donation of the land. This option would likely result in 10+/- units and developers would likely request $5+ million from the city as well as a land donation.
Option 4: Hold on development of the site and focus on developing and adopting missing middle land use designation/zoning district(s), development standards, incentives etc. In this scenario, the project would move forward only after the city had approved and adopted specific 'missing middle' land use provisions mentioned above.
Option 5: Explore development of the site in conjunction/partnership with the Calistoga Joint Unified School District as they continue their process of considering housing on the 16.4 acre parcel they own located between Money Lane and HWY 29.
Processing and Time Frames: All options require multiple steps in the process and in the best case scenario, a project would be move-in ready in approximately 5-6 years. Steps in the process might include an RFP, project design, entitlements (including CEQA review and public hearings) and permitting, and finally constuction. Significant factors effecting a timeline include if any General Plan and/or zoning changes may be necessary and if the project seeks competitive financing options which sometimes necessitate more than one annual attempt before being successful.
Housing Advisory Committee Recommendation (HAC): At their meeting on January 31, 2025, planning staff briefed the HAC on development possibilities and the estimated cost for each (the cost to the city goes up as density goes down and vice versa). The HAC largely favors a housing development scenario which best offers a “balanced” development model for the following reasons:
Item #8.3.
1. Keep with the small town aesthetic.
2. Greater possibilities for including housing affordable to people that don’t qualify for traditional affordable housing but cannot afford market rate housing.
3. Supports a mixed-income model instead of perpetuating segregation by income.
4. Calistoga can meet current RHNA goals without maximum density on these parcels, which reduces the likelihood of state intervention during the current housing element cycle.
5. Show a proof of concept for how to create housing units without large-scale development.
6. Further City Council’s housing priority.
The HAC is aware of some challenges that come with the “balanced” model:
1. Developers would not benefit from financing tools or tax credits designed for affordable housing, leaving Calistoga to shoulder the cost of closing that gap.
2. The cost to Calistoga would be greater than the cost required to support a maximum density affordable housing development.
The HAC also asks that, in the review of potential development scenarios, extra consideration is given to those that include permanent affordability and home ownership opportunities.
Recognizing that the guidance above is based on staff estimates of likely proposals, HAC further suggests that the RFP encourage each respondent to include both a “balanced” and a higherdensity proposal that is consistent with the objective design standards for housing opportunity sites.
This approach would allow for an even more informed decision and also help decision makers consider all options in concrete terms.
Direction from the City Council: Staff is seeking general initial comments or direction on the following topics:
1) Should staff focus additional research and work on ownership, rental, or both types of units? 2) What level of affordability is the city council most interested in? Options include market-rate, missing middle, low-income, ensuring compliance with remaining RHNA targets, or others. 3) How should this project be staffed? Should it be integrated into existing staff work priorities, or should alternative staffing recommendations be presented to the city council? There are trade-offs between leveraging existing staff who have deep community knowledge and the potential speed of project implementation.
4) What is the city council’s preference regarding land ownership? Should the city retain the land to maintain long-term site control, sell it, or donate it? 5) What level of subsidy is the city council most comfortable with? Should funding come from the General Fund, a portion or all of existing housing reserves, or future revenue allocations? If future revenue is considered, for how many years should it be committed? 6) What density level is the city council comfortable with for this site? Should density depend on the level of subsidy required?
7) Are there any preferred options among those presented? Are there any options that should be ruled out?
Note: City staff sees strong potential in collaborating with the school district on a joint development project, should the district be open to that discussion.
FINANCIAL IMPACT:
Item #8.3.
Any development scenario other than market-rate housing is likely to require a subsidy. You'll note above that both a land and cash contribution totaling approximately $3.5M contemplated for a specific project more than five years ago. Generally speaking, the less dense the project, the more subsidy it takes to build a project.
Donating land to a housing developer (either non-profit or for-profit) or providing a long-term ground lease are common practices to obtain more affordability in a project. Multiple financing sources, including various state and local sources, are often required and layered into making a project "pencil out," meaning make it financially viable.
The most likely and flexible source of funding for any project is Measure D, the 1% special purpose Transient Occupancy Tax (TOT) tax for affordable and workforce housing. These funds are dedicated solely for the following: Affordable and workforce housing programs and services up to and including, without limitation, land acquisition, land donation, building acquisition, building rehabilitation, building demolition, housing construction, maintaining the community’s supply of mobile homes, providing housing subsidies to lower income residents, and/or preserving existing public subsidies for developments facing conversion to market rates.
The city's Measure D Fund balance at this time is approximately $2.4 million. Please see other related agenda items on this same agenda for additional information.
CEQA STATUS:
Section 502. General Rule. [State CEQA Guidelines §15061(b)(3)] CEQA does not apply to a project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
ATTACHMENT(S):
earl and eddy - conceptual site plan and elevation - 2019 earl and eaddy parcel map
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Feb 14 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 19 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #8.3.
Item #8.3.
Item #8.3.
EARL & EDDY
PARCELS
Item #8.3.
Item #8.3.
Item #8.3.
EARL & EDDY
PARCELS
Item #8.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Feb 25 2025
Subject: Lincoln Avenue Sidewalks
DESCRIPTION:
Discussion on options of obtaining local control of Lincoln Avenue Sidewalks to allow and manage business activities.
RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
Lincoln Avenue is a state highway, Highway 29. Caltrans controls the Right-Of-Way all along Lincoln Avenue. This Right-Of-Way extends from building face to building face which includes the sidewalks on both sides of the street. Caltrans prohibits all commercial uses on sidewalks within their jurisdiction. This includes the placement of any objects on the sidewalk. The city does not have Right-Of-Way control on the sidewalks and as a result does not have the authority to regulate or enforce sidewalk use violations such as business activities that would include the use of tables, chairs, planters, advertisement, or dining on the sidewalks through city ordinances. The city can enforce violation of state laws occurring on Lincoln Avenue sidewalks. Physical objects on the sidewalk can pose pedestrian safety issues pertaining to ADA and health & safety issues such as tripping hazards. The City has a 1993 Maintenance Agreement with Caltrans to maintain the sidewalks and is responsible for any cost therein (see Attached Maintenance Agreement). This Agreement specifically pertains to maintenance and not replacement, reconstruction, or other improvements to the sidewalk. As the city is unable to apply its municipal code, the city has been perceived as unresponsive to complaints or have the ability to manage business activities on the sidewalk. Caltrans priority and focus is roads and highways which impacts their ability to enforce sidewalk policy violations or address complaints, leaving complainants frustrated as well as potential safety issues not being addressed.
In addition to the 1993 Maintenance Agreement, the City has a 1993 Encroachment Agreement with Caltrans (see attached 1993 Encroachment Agreement) that allows the City to issue encroachment permits without the State's prior approval for:
a. Signs, marquees, and awnings
b. Banners and decorations
c. Curbs, gutters and sidewalks (excluding handicap ramps) d. Roof drains and through the sidewalk curb drains
e. Pedestrian protection (barricades or canopies)
f. Traff counts
Item #8.4.
g. Single family driveways (multiple family and commercial driveway excluded) In 2008, the City introduced and approved a "50/50 Cost-Share Sidewalk Repair Program" on a trial basis. In 2011, this program became the "City of Calistoga Sidewalk Trip Hazard Repair Program" (see attached Sidewalk Trip Hazard Repair Program). This program continues to be a "50/50 Cost Share Program", intended to minimize potential trip hazards caused by cracked and damaged sidewalks. Trip hazards defined as "Minor" per this program would be the responsibility of the City.
Trip hazards defined as "Remove and Replace" are the responsibility of the property owner fronting the sidewalk. Per California Streets and Highway Code 5610, owners of property that abuts any portion of the sidewalk shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and will not interfere with the public's use of those areas. This is also required in Calistoga Municipal Code Sidewalk Maintenance Ordinance section 12.10.020 (see attached).
Staff presented an initial report to council on July 9, 2024, in response to questions and complaints about activities on the Lincoln Avenue sidewalks. The questions raised included the use of objects on the sidewalks such as signs, planters, tables, and chairs as well as outdoor dining and wine tasting. The report attempted to provide clarification of responsibilities and control the City and Caltrans have over the sidewalks. Staff provided council information as to Right-Of-Way that belonged to Caltrans but not the City, existing agreements between the City and Caltrans, and the status relating to Alcohol in the Right-Of-Way, Use Permits, and Signage on Lincoln Avenue Sidewalks (see attached July 9, 2024 Staff Report and attachments). Staff was asked to explore options and report on options of achieving local control to allow the City's ability to manage activities on the sidewalks.
On December 3, 2024, staff provided a report to City Council as to the issues surrounding the Lincoln Avenue sidewalks, and potential options for the City to allow and manage activities on the sidewalks (see attached December 3, 2024 Staff Report). Council directed staff to conduct follow-up to provide more definitive answers as to the cost of taking responsibility of the sidewalks or leasing the sidewalks to attain Right-Of-Way as well as the time to achieve these solutions or other identified alternatives. Interest was also expressed to taking ownership and cost of the sidewalks as all other sidewalks within the city limits.
The following summarizes the outcome of that follow-up and information collected to respond to the City Council's direction.
ANALYSIS:
Staff consulted with Caltrans Division of Right of Way District Branch Chief #4, Jim Bozionelos. The District Branch Chief advised he understood the need for the city to be able to manage business activities on the sidewalks in order to support businesses and enhance tourism for Calistoga. He understood the uniqueness and impact of a state highway running through to the city as the main street of the city. The discussion in identifying options on how to achieve or address the ability to allow and manage activities Lincoln Avenue sidewalks came down to four options; 1) own and control Right-Of-Way of sidewalks, 2) leasing the sidewalks to obtain Right-Of-Way, 3) amending the existing 1993 Encroachment Agreement to include Right-Of-Way or encroachment permits to approve and manage business activities, and 4) keeping the status quo. Upon reviewing the information obtain on each of the four options, staff believes pursuing the amending of the current 1993 Encroachment Agreement to be a viable path to pursue given the expected length of time to obtain full ownership of the Right-Of-Way or the Lease options.
Amending the existing 1993 Encroachment Agreement:
Item #8.4.
The 1993 Encroachment Agreement with Caltrans allows the City to approve routine encroachment permits without prior approval by Caltrans (see attached 1993 Encroachment Agreement Section C). Staff has asserted that the 1993 Encroachment Agreement could be amended to include a routine encroachment permit allowing business activities or other use of the sidewalk for a period of time, such as up to a year or upon change of a business ownership. The permit would need to be renewed on an annual basis or based on the expiration of the permit. This option could be a permanent solution or an interim solution until a more preferred solution can be identified or achieved. Staff believes amending an existing Agreement could be accomplished in a more timely manner oppose to initiating a new process and having to proceed through Caltrans' lengthy review process. As with a lease option it would be anticipated that a clear indemnification statement would need to be in place. Staff is waiting for a response from Caltrans on this matter.
Ownership/Control of Sidewalk Right-of-Way:
Lincoln Avene is a state highway and owned by the state, it is typical that would include all associated Right-Of-Way. This would include the Lincoln Avenue sidewalks. There are few circumstances where the Right-Of-Way is via statutory means but any issue of ownership liability would be the same. Total control of the sidewalks' Right-Of-Way would allow the City to approve and manage business activities on the sidewalks as well as enforce municipal code violations occurring on Lincoln Avenue sidewalks. The City is responsible for the maintenance of the sidewalks with some reimbursement by Caltrans per the 1993 Maintenance Agreement but not the repair or replacement (see Section C and F of Agreement) as this would be passed on the property owner under California Street and Highway code 5610.
Owning the Right-Of-Way of the sidewalks as reported on December 3, 2024 could result in the City being responsible for any potential liability stemming from trip and fall claims or other litigation matters. The City's general liability and workers comp liability insurance provider, California Intergovernmental Risk Authority (CIRA), advised that there would be no additional insurance premium cost to taking responsibility of the Lincoln Avenue sidewalks. CIRA Risk Manager Erike Young advised that between July 1, 2013 to June 30, 2023 there have been no sidewalk claims.
CIRA Risk Manager Erike Young strongly recommended the city have an ordinance in place using California Streets and Highway code 5610, placing responsibility of maintaining, repairing, and replacing sidewalks to the owners of property that abut to the sidewalk. The city has an ordinance that accomplishes this recommendation (see attached Municipal Code 12.10.020). Between 2021 to 2024 the police department received a total of 18 Trip and Fall reports, 9 occurred on Lincoln Avenue, 5 occurred on Washington Street, and 4 occurred across the city. Caltrans was unaware of any Trip and Fall claims on Lincoln Avenue filed against Caltrans.
District Branch Chief Bozionelos advised that he did not anticipate any purchase cost but that the process for the City is likely to be a two to three year process. The lengthy process is due to current restructuring occurring in the Right-Of-Way Division in Sacramento and the number of reviews required by Caltrans such as from their Maintenance Division, Planning Division, Right Away Division, and Legal Division. Caltrans is going through significant review of their processes and the transition to new policies and process have resulted in many existing projects being tabled or minimally delayed. Only existing or identified high priority State projects are moving forward. As a result, new projects are not actively being moved forward in a timely manner. District Branch Chief Bozionelos advised that the City's request to take ownership would be challenged to be approved in a timely manner.
Leasing the Sidewalks:
Leasing the sidewalks from Caltrans could be a viable option to obtaining Right-of-Way authority to allow the City to approve activities on the sidewalks and manage activities without assuming liability Item #8.4.
issues associated by owning the sidewalks. This option could allow the City's municipal code to be used to enforce violations on Lincoln Avenue sidewalks. District Branch Chief Bozionelos oversees the Right of Way Division which drafts and manages commercial leases of parking lots and Caltrans open space property. Although the lease program could be extended to a sidewalk this would be the first use of the lease program for a sidewalk. District Branch Chief Bozionelos is open to the idea of extending the lease program to sidewalks in this case however this would be considered a new type of lease and would be subject to similar reviews as described with taking ownership of the sidewalk's Right-Of-Way. He advised this option would be subject to delays due to the current Caltrans' priorities and holding off on new projects until their review of policies, practices, and transition has taken place. Branch Chief Bozionelos shared the Leasing option could be minimally a one to two year process.
Keeping the Status Quo:
The inability of the City to apply its Municipal Code or manage the activities on Lincoln Avenue sidewalk as well as Caltrans' prohibition of commercial activities on the sidewalks has always been in place. While at the same time businesses have historically used the sidewalks predominately in front of their businesses. Uses of the sidewalks by various businesses have included sandwich board advertisement signs, outdoor dining, placing of merchandise, and other items such as planters and umbrellas on the sidewalks. Caltrans has taken action to remove items from the sidewalks, but this has been infrequently done. Caltrans priority is roadways and highways and not managing sidewalks unless there were egregious violations or clear safety issues. The reality is that businesses have been allowed to use the sidewalks and Caltrans enforcement has been minimal.
The City can address some safety issues on the sidewalk by enforcing applicable state laws however state laws do not adequately provide the means to manage activities on sidewalks.
Caltrans does not condone activities on Lincoln Avenue sidewalks but also due to their roads and highways priorities have not been able to manage the sidewalks to the extent the city would like.
The City does not have standing to manage but seeks businesses cooperation and assistance from the Chamber of Commerce in resolving safety issues and disputes. Keeping the status quo may not be the preferable option but at this time nothing is preventing business from using the sidewalk except for the potential consequences that Caltrans could simply remove and take enforcement action at any time.
Staff seeks council direction on how council wishes staff to proceed given the challenges each option presents.
FINANCIAL IMPACT:
Significant staff time from multiple departments as well as required City Attorney legal services in support of meetings, document submissions, and review of legal agreements, periodic updates to city council on progress and submission of staff reports to approve agreements between Caltrans and the City.
No financial impact if to continue with status quo.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
Caltrans Agreement for Maintenance
Caltrans Agreement for Encroachment Permits (003)
Item #8.4.
July 9 2024 Staff Report - Roles, Responsibilties, and Rules in the Caltrans Right of Way on Lincoln Avenue - Pdf
December 3 2024 Staff Report - Discussion on Local Control of Lincoln Avenue_Hwy 29 Sidewalks - Pdf (2)
2011 City of Calistoga Sidewalk Trip Hazard Repair Program 021725 City of Calistoga Municipal Code Sidewalk Maintenance Section 12.10.020 APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Feb 18 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 19 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #8.4.
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) )
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF
and the City of hereinafter
WITNESSETH:
A. RECITALS:
B. AGREEMENT:
C. MAINTENANCE DEFINED:
Sec. 27.
-1-
hereinafter referred to as
referred to as "CITY".
This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CALISTOGA and or AMENDMENTS thereto with the CITY.
The CITY will perform such maintenance work as is specifically delegated to it, on State highway routes or portions thereof, all as hereinafter described under Section H hereof or as said Section may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives.
In consideration of mutual covenants and promises herein contained, it is agreed:
Maintenance is defined in Section 27 of the Streets and Highways Code as follows:
The parties desire to provide for the CITY to perform
particular maintenance functions on the State highway(s) within the CITY as provided in Section 130 of the Streets and Highways Code.
CALISTOGA
This AGREEMENT, made and executed in duplicate this /7
day of aalltao________, 19 93 , by and between the State of California, acting by and through the Department of Transportation, "(a) The preservation and keeping of
rights of way, and each type of roadway,
structure, safety convenience or device,
planting, illumination equipment and
other facility, in the safe and usable
condition to which it has been improved
or constructed, but does not include
reconstruction or other improvement.
"STATE"
Item #8.4.
) )
(b)
( C )
D. DEGREE OF MAINTENANCE:
to time by the District Director."District Director", as used maintenance levels. Failure of the CITY to comply with the maintenance levels would be reason to terminate this Agreement as specified under Section JTerm of Agreement". However, this ft An Encroachment Permit will be required for third parties when maintenance work is redelegated.Such redelegated work shall be total and route dollar amounts.The CITY may perform additional work if desired but the STATE will not reimburse the CITY for any work in excess of authorized dollars.The District Director may -2-
Operation of special safety conveniences
and devices, and illuminating equipment.
random check does not preempt the CITY’s maintenance
responsibilities as spelled out in the Agreement.
The special or emergency maintenance or
repair necessitated by accidents or by
storms or other weather conditions,
slides, settlements, or other unusual or
unexpected damage to a roadway, structure
or facility."
authorize adjustments needed because of inflation or changes in program emphasis.
herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative.
performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces.
The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY), or as may be prescribed from time The level of service of maintenance in each of the programs delegated to the CITY has been considered in setting authorized The STATE reserves the option to check at random all areas of State highways maintained by the CITY to assure conformance to Item #8.4.
/
)
LEGAL RELATIONS AND RESPONSIBILITIES:E.
jurisdiction delegated to the CITY under this Agreement.It is It is
F. MAINTENANCE FUNCTIONS:
A brief description of those maintenance functions delegated to the CITY are included in this section.The functions are identified by the Caltrans HM Program Codes.
-3-
or jurisdiction delegated to the STATE under this Agreement, understood and agreed that pursuant to Government Code Section 895.4 STATE shall defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement.
understood and agreed that pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement.
Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law.
It is understood and agreed that neither the CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority It is understood and agreed that neither the STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or The CITY shall perform only those maintenance functions delegated, as identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement.
Item #8.4.
/ /
SLOPES/DRAINAGE/VEGETATIONHM2C
This provides for cleaning, maintaining, and repairing
culverts, ditches, drains, structures,fences, curbs, •
sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line.It also
control. The following problems are included:
1. Sidewalks
LITTER/DEBRISHM2D
This provides for removal of litter and debris from roadway The following problems are
HM2E LANDSCAPING
This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted areas.Includes trimming, The
HM4K ELECTRICAL
It also includes the electrical energy for these
1. Safety lighting only (Exhibit A)
-4-
includes weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees and pest lighting,
items.
This includes maintenance work performed on highway
electrical facilities including flashing beacons, traffic signals, traffic-signal systems, safety lighting and sign removal, and spraying of trees, replacement of plants,
shrubs, and trees, and pest control in planted areas,
following problems are included:
surfaces and roadsides,
included:
The CITY shall follow the same policy and procedure
generally practiced regarding CITY sidewalks by requiring repairs and control of vegetation to be made by or at the expense of abutting owners, who are under legal obligation to perform such work.
1. Weed control
2. Pruning/thinning/removing/replacing
3. Irrigation
1. Debris/carcass pickup
2. Sweeping
3. Litter pickup
4. Spills of non-toxic substances
5. Miscellaneous
Item #8.4.
I
)
District Director. Where such lighting has been
The same principle of costtotal number of legs.
distribution shall apply to freeway interchanges.The
-5-
The STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by the STATE, will be paid for when approved and specifically authorized by the specifically authorized, the maintenance and operating costs thereof shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs.
participation ratio shall be based on the ratio of the
number of legs of the respective agencies to the total
number of legs of the intersection.
The cost of maintaining traffic signals or other
electrically operated traffic control devices now in place or those which may hereafter be installed at the
intersection of any STATE highway route and any CITY
street/road shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the Item #8.4.
)
)
G. EXPENDITURE AUTHORIZATION:
A new (Section H) will be provided
or additional expenditures for specific projects
maximum expenditure per route as hereinafter specified.An -6-
may be made, when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative.
annually by the STATE for the ensuring fiscal year, if necessary, to insure equitable annual cost.
adjustment of the said maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement.
Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year, designated therein and shall not be deemed to permanently modify or change the basic The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by the CITY as delegated under Section H of this Agreement, but it is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Section H of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for.
"DELEGATION OF MAINTENANCE"
between routes,
Item #8.4.
) )
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on This delegation of
DESCRIPTION OF ROUTING
29 1.71 $
Footnotes 1, 3, 4.
128 1.31 5
Footnotes 2, 3, 4.
TOTAL AUTHORIZED EXPENDITURE $ 3,800.00
Footnotes:
-7-
LENGTH
MILES
PROGRAM
DELEGATED
HM2C
HM2D
HM4K
HM2C
HM2D
HM4K
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
0.00 200.00
400.00
Foothill Boulevard from
Lincoln Avenue (Route
29) to west city limits;
a length of 1.31 miles.
maintenance function set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and/or Freeway Maintenance Agreements.
Foothill Boulevard from
city limits 3,150 feet
southeasterly of Pine
Street to Route 128 at
Lincoln Avenue, along
Lincoln Avenue from
Foothill Boulevard to
north City limits at
County Road; a length
of 1.71 miles.
ROUTE
NO.
0.00 2,000.00
1,200.00
(1) Length of street to be cleaned - 1.0 curb mile.
(2) Length of street to be cleaned - 0.1 curb mile.
(3) CITY will maintain sidewalks and shall be
responsible for any costs therein.
(4) CITY will maintain approved intersection lighting.
STATE will participate in energy costs
(See Exhibit A).
"EXHIBIT A") is hereby delegated to the CITY.
Item #8.4.
STATE OF C A L .1.1" 0 K N .1. A
DEPARTMENT OF TRANSPORTATION
EXHIBIT A DECEMBER 21 , 1992
MAINTENANCE AND OPERATION OF- ELECTRICAL EQUIPMENT
BY THE CITY OF CALISTOGA FOR CALTRANS
IN ACCORDANCE WITH MAINTENANCE AGRI ENT EFFF TIVE JULY 1,1993 RTE PM INTERSECTION EQUIPMENT RATE INT OR POLE NO UNITS % SI ATE EQUIV UNTT 29 36.89 1A PINE ST. 7OU HP O DI UM 160 1.00 AAA
29 36.94 MYRTLE ST, 4000 HP ODIUM 24,225 uu 50.0000 .1. 29 37.00 CEDAR ST. A 2000 IIP- ODI UM 2 7 7 } 0 50.0000 f 29 37.14 WASHINGTON ST. 1A 200W HP 0 DI UM 3 33 2.00 . 0000 1 29 37.23 FAIR WAY 1A 4000 HP-SODIUM 2) :> 1.00 6667
29 37.32 STEVENSON ST. 1A 400W HP-SODIUM 241 1 .00 50 ) 0 0 0 29 37.39 WAPOO ST. 1A 70W HP-SODIUM 1.00 50.0000 ri
29 37.52 BRANNAN-WAPOO 1A 70W HP ODIUM 855 1.00 50.0000 0 ( 29 37.90 LAKE ST. A 70W HP ODIUM 1.00 50.0000 11)
128 4.04 LILLIE-HIGH STS. 1A W HP DD UM 00 1.00 50.0000 0 128 4.27 SILVER STREET 1A 70W HP ODIUM 33 1.00 A A
128 4.35 BERRY STREET 1A 70W HP ODIUM 3 4 1.00 66.66
4.42128 SPRING STREET )W HP OD HIM 40 1.00 ()
128 4.50 ELM STREET 1A 200W HP 0 DI UM 1.00 66.6667
0 PAGE 1
Item #8.4.
EQUIPMENT EQU IV UNITS EQUIPMENT EQUIV UNIT :>
IF YOU HAVE ANY QUESTIONS ON TH1 EXHBIT
PLEASE CALI- DAVID LEE. ( 510 ) 4
UNNUMBERED PACE
700W MV LIGHTS
250W HP-SODIUM
400W HP-SODIUM
0.0000
0.0000
2.1667
2000 HP-SODIUM
70W HP-SODIUM
100Q HP-SODIUM
s, » o 5 5 /4.6 66 7
0.0000
SUMMA FLY
CITY OF CALISTOGA
Item #8.4.
)
1. SUBMISSION OF BILLS:
The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually).Bills for less Program Code as outlined in this Agreement.Bills submitted for Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost.The CITY will be allowed to the execution of the work.Said factors and method shall be subject to approval by the STATE.
above-mentioned charges added again.An actual handling charge for processing this type of bill will be allowed the CITY.
Superintendent of that specific area.In addition, the CITY should STATE highway. Repair of equipment damaged in vehicular accidents shall be considered routine maintenance.
on a generally accepted accounting basis, complete and accurate records that support all billings.These records shall be made J. TERM OF AGREEMENT:
This Agreement may be amended or terminated at any time upon mutual consent of the parties thereto.This Agreement may also be -8-
terminated by either party upon thirty (30) days written notice to. the other party.
recover overhead and administrative costs only to the extent that such charges include applicable expenses incurred by the CITY in notify the STATE’S Highway Maintenance Superintendent for the area of any storm damage or other emergency condition affecting the available to STATE representatives for review during normal business hours for a period of three (3) years after payment of such billings.
than $500 shall not be submitted more than once each quarter.
Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans HM periods prior to the last fiscal year will be deemed waived and not be honored.
Emergency and storm repairs performed by the CITY will be paid for only with prior approval of the STATE'S Highway Maintenance Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these This Agreement shall become effective July 1, 1993 and shall remain in full force and effect until amended or terminated.
The CITY shall maintain,
Item #8.4.
) 1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
CITY OF CALISTOGA
By
./
(
7 //0
/
City ClerkCity Attorney ' \
By
2-22-23
DATE
-9-
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES W. VAN LOBEN SELS
Director of Transportation
GLENN E. BEHM
Deputy District Director
A. are f
ayor
Item #8.4.
)
RESOLUTION NO.93-4
WHEREAS, the State of California, through its Business, WHEREAS, said Maintenance Agreement has been amended this ,1993 and to remain in effect until
and
PASSED, APPROVED, and ADOPTED by the City Council of the ABSTAIN/ABSENT:None
Laverne Oyarzo,
ATTEST:
Patt Osborne, City Clerk
19th day of January
amended or terminated;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that the said Agreement for Maintenance of the State Highways within the City of Calistoga is hereby approved; and
Transportation and Housing Agency, Department of Transportation, has presented an Agreement for Maintenance of the State Highways in the City of Calistoga, effective and to remain in effect until amended or terminated; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are directed to sign Agreement on behalf of the said City.
City of Calistoga at a regular meeting held this 19th day of January,1993 by the following vote:
Fundy and
Marberry.
AYES: Councilmember Trout, Mayor Oyarzo
NOES: None
WHEREAS, the City Council has heard and read said Agreement in full and is familiar with the contents thereof; and
RESOULUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE
CITY OF CALISTOGA
Item #8.4.
MAR - .1995
"THIS AGREEMENT, made and executed in duplicate this _€Z%%{ day of TM??? 19 re , by and between min—re a e
of Cali ornia ac ing y an rough the Department of
Transportation, hereinafter referred to as State and the City of Calistoga hereinafter referred to as City.
WITNESSETH:
A. RECITALS
The Parties hereto desire to provide for the City to perform particular encroachment permit functions on State Hig way Routes 04-Nap-24 and O4-Nap-128 within the jurisdictional limits of City, to wit, the issuance of routine encroachment permits and the control and inspection of work performed pursuant to said permits, asdprovidedfor in Sections 130 and 676 of the Streets and Highways Co e.
B. AGREEMENT
This Agreement shall supersede any previous AGREEMENT WITH
CITY OF CALISTOGA TO ISSUE ROUTINE ENCROACHMENT PERMITS ON STATE HIGHWAYS and/or AMENDMENTS thereto.
C. In consideration of the mutual covenants and promises herein contained it is mutually agreed that City;
1. Shall use State's Standard Encroachment Permit forms.
2. Shall follow State's policies as contained in State's Encroachment Permit Manual. A copy of said Manual
will be furnished upon execution of this Agreement.
3. Shall follow State's design standards unless City
' standards are more restrictive. In the event of conflict as to interpretation, State's standards shall apply.
4. May issue Encroachment Permits for the following
routine encroachments Without State's prior
approval:
a. Signs, marquees and awnings
b.”Banners and decorations
c. Curbs, gutters and sidewalks (excluding handicap ramps) d. Roof drains and through the sidewalk curb drains
e. Pedestrian protection (barricades or canopies)
f. Traffic counts _ . g. Single family driveways (multiple family and commercial driveway excluded) '
5. Shall collect sufficient fees from the permittee to cover its cost of permit administration, inspection and other permit related costs. No costs for City's administration, giviewor inspection shall be charged to or borne by the ate.
Item #8.4.
6. Shall assign qualified personnel to review permit applications, plans and specifications, to revise plans and produce permit with appropriate specifications” and Edi“ provide construction inspection or monitoring and Bonduct final inspection of all work performed within the highway right of way. a
7. Shall keep on file, subject to State's inspection,
all permits issued on State highways; and shall
forward copies of all issued permits, along with
Notices of Completion, As-Built plans (if any) and
all other related data to State's District Permit
Engineer.immediately upon completion of the work
permitted or upon the expiration of the permit.
D. LEGAL RELATIONS AND RESPONSIBILITIES
Nothing in the provisions of this agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law.
It is understood and agreed that neither the STATE nor any officer or employee is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this agreement. It is understood and that pursuant to Government Code Section 895.4 City shall defend, indemnify and save harmless the State of California, all officer and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this agreement.
The City waives any and all rights to any type of express and implied indemnity against the STATE, its officers and employees arising from any work, authority or jurisdiction delegated to the City under this agreement.
E. TERMS OF AGREEMENT
THIS AGREEMENT shall become effective on the date that it is executed by all parties and shall remain in full force and effect. until amended or terminated. -
This Agreement may be amended or terminated at any time upon mutual consent of the parties hereto. This Agreement may also be terminated by either party upon thirty (30) days written notice to the other party.
Item #8.4.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
STATE OF CALIFORNIA CITYOFCALISTOOA
DEPARTMENT OF TRANSPORTATION
BY / LAVERNEOYARZO, Mayor
GLENN E. BEHM
Deputy District Director, Maintenance
Approved as to form and procedure
[APPROVED AS TO.» QRM
Attorney . Department of Transportation///
4%.
Item #8.4.
f: F:F;.:\-' )‘lxll-SRS {?x-z 6‘“.'::;,.7“ Osman/WT 3 ! [ya/7r;
MAR2
RESOLUTION NO. 93-5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING AGREEMENT
FOR THE ISSUANCE OF ROUTINE ENCROACHMENT PERMITS ON
STATE HIGHWAYS IN THE CITY OF CALISTOGA
WHEREAS, the State of California, through its Business, Transportation and Housing Agency, the Department of
Transportation has presented an Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga effective and to remainin effect until amended or terminated; and
WHEREAS, said Agreement for the issuance of routine
encroachment permits on State Highways in the City of Calistoga has been approved this 19?1 day of Jmumzz ,1993 and to
remain in effect until amended or terminated; and
WHEREAS, the City Council of the City of Calistoga has heard and read said Agreement in full and is familiar with its contents; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that said Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are further directed to sign Agreement on behalf of the said City.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 12th day of January 1993 by the following vote:
AYES:Counci1member Trout, Mayor Oyarzo, Co cilmembers Fundy, Ranieri‘ and NOES : None Marberry.
ABSTAIN/ABSENTzNone
Laverne Oyarzo, Mayo
ATTEST: M—
Patt Osborne, City Clerk
Item #8.4.
“ix \
, k .
‘
: .A/
' STATEOF CALIFORNIA—BUSINESS, TRANSPORTATIONAND HOUSING AGENCY . PETEWILSON, Gowmor
x ’DEPARTMENTOF- TRANSPORTATION
BOX 23660
OAKLAND, CA. ’94623-0660
(510) 286-4444
TDD (510) 236-4454
December 18, 1992
404.20
Mr. Waldo Kolb
Department of Public Works
City of Calistoga
1232 Washington Street
hCalistoga, CA 94515
Subject: Agreement to Issue Encroachment Permits
Dear Mr. Kolb:
As discussed at our December 16, 1992, subject meeeting, for .7 your information we are transmitting herewith: i. 3
a! Encroachment Permit Form TR0126
Encroachment Permit Rider Form TR0127
Completion Notice Form TR0129
Encroachment Permit Fee Schedule (1/90)
Standard Special Provisions for type AD, BR, CS, DM,
MC(p), SV(counters) and RS permits.
Should you have any questions, call me at (510) 286-4424.
Sincerely,
PRESTON W. KELLEY
District Director
”W.
R. L. CASHION
District Permit Engineer
Attachment
Item #8.4.
i“
n ; r
.. STATED?"CALIFORNIA- DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMIT(CITY)
TR-0126 (new 9/91) PermitNo.
‘ Dist/CoimeIPM
Incompliance with(Check one):
Date
C] Your application of
W
E] UtilityNotice No. __ of S s
[3 Agreement No. 0f...__'—_
D R/W Contract No. of
To: [——. —l
|_ J , PERMITTEE
and subject to the following, PERMISSIONIS HEREBYGRANTEDto:
\
in additionto fee, the permittee will
be billed actual costs tor:
D Yes El No Review
[:I Yes [:I No Inspection
[I Yes _____ Fieldwork
The followingattachments are also included as part of this permit (Check applicable):
[:I Yes _ __ __ __ General Provisions
[I Yes}; I] No UtilityMaintenance Provisions
I] Yes: [:I No Special Provisions
D Yes I: No A CaLOSHApermitrequiredpriorto beginningwork; #
[:| Yes
. [3 MA. The informationinthe environmentaldocumentationhas been reviewedand considered priorto ‘
‘ approval ofthis permit.
(Ifany Caitrans effort expended)
This permit is void unless the work is completed before , 19 This permitis to be strictly construed and mother work other than specificallymentioned is hereby authorized.
No project work shall be commenced untilallother necessary permits and environmentalclearances have been obtained.
Thispermit is issued by the undersigned citypursuant to delegation APPROVED:
cl maintenance cl State highways by agreement between the dry 3 State. .DistrictDirector crrY:
STATE: .DistrictPermitEngEneer
Item #8.4.
\/\
STATE0%CALIFORNIA‘ DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMITRIDER(CITY)
TR-0127(NEW9/91) -
PermitNo.(Original),
RldorFee Paid Dist/CWRWPM
Date
TO: [——
l _|
|_
I _J , PERMITI’EE
In compliance with (your, our) request of—'___ .19— we are hereby amending the above numbere d
encroachment permit as follows: '
Date of completion extended to: I: NCCHANGE I]
Except as amended.all other terms and provisionsof the originalpermitshall remain in effect.
Thispermit is Issued by the undersigned citypursuant to delegation APPROVED:
of maintenance a! State highways by agreement between the citya State. .DistrictDirector CITY:
.DistrictPermitEngineer
FM9I 1439
Item #8.4.
i STATE OF CALIFORNIA- DEPARTMENTOF TRANSPORTATION
COMPLETIONNOTICE
TR 0129 (Rev. 1/92)
DATEWORKCOMPLETED PERMITNUMBER
FEEIDEPOSITPAID
ROUTETO: 1) DistrictPermitOf?ce and Copy Maintenance
2) DistrictAccountingOffice for billing ' a) Copy to localagency for agreement work
PERMITTEENAME
DIST/CORTEIPM
ASSOCIATEDPERMITSOR RIDERS
ROAD.NAME.INTERSECTION. ETC.
DESCRIPTIONOF WORK
INSPECTOR'SCOMMENT
I
PERMITSTAFF .
0 Workis not complete;this noticeis forprogress billingonly.
CI To the best of my knowledge,workwas completedinaccordance withpermit requirements.
PERMITINSPECTOR
BILLING(For Permit Office use)
was NO HOURS
OTHERCALTRANSUNITS
ACTUALINSPECTIONHOURS
(Not for br7lingpurposes)
PERMITINSPECTOR
CERTIFICATION
A. AmountCollected .................... $ (A)
REVIEW E] III
8. ReviewCast ............................ $ (8)
INSPECTION 0 D c. InspectionCost........................ $ (0) D. FieldWonkCost....................... $ (D)
FIELDWORK Cl C)
. El BILL[(B+C+D)—A]................... $
AGREEMENTWORK El E]
El REFUND
EA — — — —— —— —— Permitwasdenied or cancelled prior to construction. ‘ YES No Refundunexpended fees forpermit type.
AX[A-(B+C+D)]...................... $
PROGRESS BILL a a As (A-B) ................................. $ PERMITCOMPLETEDD 0 Close ?le
muToSet Fee (C) .............................. $
FINALBILL Cl C]
RELEASEBOND D C]
RELEASECASH DEPOSIT E] El
OTHER (Describe below.) 0 CI
PERMITENGINEER DATE
69! 0063
Item #8.4.
CALIFORNIADEPARTMENTOF TRANSPORTATION (on; 1/90) ENCROACHMENTPERMITFEE SCHEDULEm
REVIEII
coats TYPE APPLICATIN INSPECT!“ (2) PERMIT ”125(3) mst3)
GENERAL
A0 Advertising Display, 2 1
Marquees, Arcades;
Awnings, Bldgs.
As Airspace Rentals EXEMPT. EXEMPT AP Art Program EXEMPT EXEMPT BR Banner, Decor, Temp. Sign 1 1 . 85 Bus Passenger shelter 2 2 CC Ci ty/County Issued CD Conmercial Development AS AX CN Chain Installer 1+Bib AS CR Coffee/Rest Stop EXEMPT EXEMPT CS Curb/Cutter/Sideualk AS AS DP Double Permit (5) 1 PERORIG. PERMIT FN Fence New/Modify 3 2 AS MB Mail/News Box EXEMPT EXEMPT MC Miscellaneous he]. fn’h'rma As AX Ti ebaclt Stripe or [Signing , Major Conv. Hwy. Uidening Hiden Freeway or Ranp -
_ Bridge liorlt
0A butdoor Advertising (6) 6 AS Rx RR Crossing EXEMPT EXEMPT SC Caltrans Construction 1 O ContracttEorly Entry)
SV Survey/Archeological/ 2 AS Traffic Courts/Soil Survey ( Womel Under Roadf30“+) AS AS \ wLuall AS as
MIME: ‘ on Minor rv-F' Jun-f 2 as on Major As AS
FTUIIM:
FI Intermittent Traffic Control ' 2 0 F0 Mo Moving Vehicle 1 0 FL Traffic Control AX AX FS Special AX AX FR Rider AX AX REVIEU
0135 TYPE
(2) PERMIT MMSG)
GEO‘PMVSICALTESTING:
6C Cable Crossing 1
GV Vibriosis 1
LAIDSCAPE:
LC Conventional AS
LF Freeuay As
lM Maintenance 1
LT Tree Trim/Removal AS
RIDER:
RD Caltrans Initiate EXEMPT
RT Tine Extension 1
RH Modify work AS
ROADAPPROACHMIVEHAY:
RS Madly/Agricultural 2
RM Resurface/Reissue Reconstruct 1
RC Connercial AS
RP Ptblicnrrivaee-load AS
mean
SE Special Event AS
W
SM lieu/Modify AS
Tit Traffic Controls] 4
3 Teapot-cry Signal
08 Amusl Maintenance 1
UC Conventional Aerial 2
UE Amual Utility Encroaoh-ant 1
UF Freeway Aerial I.
UK Undergromd Longituiinal Major AS
UL Undergromd Longitudinal Minor AS
UR State [mired Relocation EXEMPT
US Service/Pothole Modify/Cameo: 2
UT Transverse lore Jack 2
UT (pen Cut/By AllRider AS
APPLICATION INSPECTION
MRS“)
A8
A5
A5
A5
AS
EXEMPT
AS
AS
AS
AS
AS
NOTES: (1)
,«
(2)
(3)
(4)
(5)
(6)
PublicCorporations are map: from this schedule (but not contractors working for public corporations).
Code used in permit number
Unusual permits can be changed from Set to AS.orASto AX at Permit Engineers option Field Work by Caltrans will be charged AS
Inspection will be charged under original permit or double permit, not both. 0A type permits requiring tree removal and replacement planting will be issued as LT type permits.
January 11, 1990
AS - Requiredepoet't at estimated amount priorto permitreview. Alter review, total review sheet and estimated hours at unseat hourly rate. Difference is eolleewd before permitishsued. .
hours at current
Take deposit at estimated amount prior to permit review. inspecuo ' cal ‘ew sheet and estimated ‘ After renew.to m rate. Difference is collected before
permit is issued.and any additional costs incurred during the work are collected upon wont completion and prior to bond release. WheneverAX is used, besure to check the
appropriate box on face of perrmt.
AS & AX
Riders
issuance.
All Permits
verify or adjust fees.
Signi?ant changes in work. requiringadditional _ . inspection or review.are collectedpnor to penmt nder Actual review and inspection hoursare documented on
completion notices.and recorded tn computer data base to Item #8.4.
AD
In addition to the attached General krovisions, from DM-M-P-ZOZB, the following special provisions are also applicable:
I. GENERAL
1. Signs, Marquees and Awings overhanging State highway right of way (R/W) shallcomply with the requirements of the applicable local agency,the latest edition of the Uniform Building Code (UBC) or these special provisions, whichever.is the higher standard.
I]. SIGNS
1. Vertical Clearance: The minimum clearanceof signs from thesidewalk shall be twelve feet (12'). r
2. Codes: Must be structurally adequate and conform to applicable building code "andCaltrans' Outdoor Advertising Regulations.
3. Location: Support shall be off the right of way. The overhang shall be at least two feet (2') back of the curb line. If no curbs are in place, the signs should be placed so that some physical barrier prevents them from being struck.
4. Advertising: The wording on the sign may only identify either the owner, the goods sold or manufactured on the‘premises or theservices. rendered.
5. Lights: No flashing, ratating or intermittent lights shall be allowed except approved public service information. Signs that contain red,‘yellow, or green lights shall not be permitted where they could interfere with thedriver's perception of traffic signals.
6. No displays shall interfere with or hide traffic signals or traffic signs.
7. Any future change of copy or location must be covered by a separate permit.
III. MARQUEES
1. The horizontalclearance between a marquee and the curb line shall not be less than two feet (2'). ‘-
2. Theminimumvertical clearance from the sidewalk shall be twelve feet (12').
3. A marquee shall be supported entirely by the building.
4. Any drainage from the marquee shall not fall on or drain across the sidewalk.
IV. AWNINGS
1. An awning is a temporary shelter supported entirely from the exterior wall of a building.
2. Awnings may identify the owner or place of business.
Item #8.4.
BR
In addition to the attached General Provisions,form DM-M-P-ZOZB,the followingspecial provisions
1. 1.
2. ,f‘iarealso applicable:
BANNERS
The banners shall not contain private advertisingnor be of a political nature.
The lower edge of the banners shall be at least eighteenfeet (18') above the highway pavement at its closest point.
Suspension or installation on State owned traf?c signalpoles or other State owned facilitiesis prohibited. '
Local police shall provide traf?c control while banner is being installedor removed.
The display may not be in place more than two weeks prior to the event and shall be immediately removed after the event.
II. CHRISTMAS DECORATIONS
1. 2.
Installation of Christmas decorationsshall not beginprior to the day after ThanksgivingDay.
Decorations attached to vertical structures such as power, telephone, or light poles, are not to project beyond the curb line and shall not hang belowa height of fourteen feet (14').
Decorations which project beyond the curb line or cross the highwayshall have a minimum vertical clearance of eighteen feet (18').
Decorations shall not be attached to State owned poles.~ Decorative lightingdisplayingred, yellow, or green lightsshall no be placed where they could interfere with the driver's perception of traffic signals.
Item #8.4.
CS
In addition to the attached General Provisions, form DM-M—P—ZOZB, the following special Provisions
1. 2.
are applicable: (
A State issued permit is required for any landscaping or tree installation, including installation of tree wells.
A separate permit mustbe obtained form Caltrans for any driveway, handicap-ramp installations or any sidewalkswhich are other than portland cement concrete constructed in compliance with Caltrans Standard Speci?cations.
Traffic control is authorized only between 9 am. and 3 p.m., Monday through Friday, holidays excluded. Any traffic control which requires lane closure shall be in compliance with the appropriate traf?c control plan. Where required by the plan, the use of a ?ashing arrowboard is MANDATORY.
New curb and gutter installationsshall be State standard type A2-6, unless necessary to conform to existing adjacent curb and gutter installations.
Normally, the back edge of a sidewalk shall be placed on the right of way line. Sidewalk width shall be minimum of ?ve feet (5').
Alignment and grade of gutter and sidewalk shall match the existing.
Existing concrete curb and paved shoulder shall he saw cut to a neat line prior to excavating ( and forming. Existing concrete sidewalk shall be saw cut at the scoreline. Paved shoulder shall \ be replaced with asphaltic concrete paving material equal "in kind" and thickness to existing shoulder and shall conform to lip of new curb and gutter.
Permittee shall be responsible for the relocation or adjustment of any utility required as the result of work authorized by this permit, and utility relocations shall be completed prior to the installation of any new curb, gutter or sidewalk.
A monolithic pour of sidewalkand curb and gutter shall not be permitted.
Item #8.4.
DM
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable.
I. ROOF AND SURFACE BRAINS
1. Drains must be restricted to the exclusivepurpose of draining rain water from the roof of permittee's building and/orpaved parking lot. Drains if used for any other purpose, such as draining waste-water or domestic supply water onto the highway, will not be authorized.
Drains shall be installed at right angles to the curb line unless otherwise authorized.
2. Removal of PEICSidewalks or Curbs: Concrete sidewalksor curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
3. After pipe drains are installed, curb and sidewalkshall be replaced with Portland cement concrete.
Item #8.4.
MCP O
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable: ' When the work area encroaches upon a sidewalk, walkway, or crosswalk area, specialconsideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown 0n the approved permit plan.
Q Pedestrian walkways and canopies within State Right of way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building code, whichever contains the higher standards.
Item #8.4.
uuawgu v;..R; u
SV (Counters)
In addition to the attached General Provisions,form DM-M-P-202B(Reva/82), the following special provisions are applicable:
1. Personnel installing or removing traf?c counters shall wear an orange colored outer garment and a hard hat.
- 2. Traffic counters installed on freewayramps. shall be located at the curb return as near as possible to the local street intersection.
3. Counter tubes 'Shall be securely attached to the pavementby taping. No nails, spikes or other material shall be driven into the pavement except to secure the tube at the outside edge of shoulder, at the lip of a gutter, or in the center line stripe.
4. A copy of the collected data shall be sent to the Caltrans District Permit Engineer.
Item #8.4.
ED RS
In addition to the attached General Provision, form DM-M-P-ZOZB(Rev. 2/82), the following special provisions are applicable:
I.
1. 2.
6O
RURAL LOCATIONS
The driveway shall be surfaced with a minimum of two inches (2") of asphalt concrete placed on four inches (4") of well graded and compacted aggregate base and shall conformtothe existing pavement.
Existing drainage shall not be impaired. Either a valley gutter or a culvert shall be provided.
Where a culvert is installed, it shall be installed 1n the flowline of the existing drainage ditch at an elevation to provide maximum drainage.
A standard tapered end section shall be installed at the inlet and outlet of the culvert.
Any change in the existing drainage pattern, whether occasioned by increase or diversion, and the cost of any damage, repair or restoration of the State highway right of way shall be the responsibility of the permittee.
Driveway installation shall conform to the attached plan, "Standard Private and Commercial Road approach in Rural Areas with unimproved Frontage in Conventional State Highway". 1]. URBAN LOCATIONS
1'
3?;
Where curbs exist, the driveway structural section shall be a minimum of four inches (4") of Portland Cement Concrete (PCC) over six inches (6") of aggregate base.
Driveway details shall comply to State standards unless localstandards exceed the State's.
Any existing utility boxes must be either relocated or adjusted to grade at the permittee’s expense.
Removal-of PCC Sidewalks or Curbs: sidewalks or curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
Item #8.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - Jul 09 2024
Subject: Roles, Responsibilties, and Rules in the Caltrans Right of Way on Lincoln Avenue
DESCRIPTION:
Roles, Responsibilities, and Rules in the Caltrans Right of Way on Lincoln Avenue RECOMMENDATION:
Consider affirming staff recommendations related to regulating, permitting, enforcing and changing various codes on Lincoln Avenue or provide alternative direction BACKGROUND/SUMMARY:
Following the pandemic many questions have been raised about various objects (signs, planters, tables, chairs, etc.) and activities (outdoor dining, wine tasting, sidewalk sales, etc.) occurring in downtown on the Lincoln Avenue sidewalks. Many of these questions are a result of public complaints about certain objects and activities in combination with staff's desire to consistently comply with the City's agreements with Caltrans and with the state codes that Caltrans follows. For at least a year staff has been posing various questions to Caltrans and seeking clarification of responsibilities, purview, and expectations for each of our respective agencies. This report speaks to the many nuances of the answers and describes actions proposed by staff which include both immediate-term and mid-term steps, including an option to obtain more local control about uses allowed on the Lincoln Avenue sidewalks.
ANALYSIS:
Current Roles, Responsibilities, and Rules
Right of Way
According to Caltrans, Caltrans right-of-way on Lincoln Avenue extends generally face-of-building to face-of-building. That means that the roadway and all sidewalks are governed by Caltrans and their regulations, relevant state codes, etc., and not by the City.
Staff accepts the above assertion about the right-of-way at face-value. Looking for concrete "proof" would require looking at title reports for every single property and hiring a surveyor to create a definitive map. Staff is not recommending pursuing this route due to the time and cost associated with such work. Should individual property owners wish to conduct this work for their property, the City will adjust any permitting and/or enforcement processes accordingly based on any professionally produced documentation that demonstrates the Caltrans right-of-way is more narrow than at the face of a particular building.
Item #8.4.
Existing Agreements
The city has four existing agreements with Caltrans about the City's role, rights, and responsibilities relative to the Caltrans right-of-way.
1) Routine Encroachment Permit Delegation Agreement
This agreement was signed in January 1993 (Resolution 93-5) and delegated issuing certain types of encroachment permits in the State right-of-way to the City. According to the terms of this agreement, the City may issue the following routine encroachment permits on behalf of Caltrans for the entire right-of-way including both streets and sidewalks:
Signs, marquees and awnings (this include fixed and temporary signage, i.e. anything in the City's local sign code including A-frame signs which are illegal in Calistoga) Banners and decorations (holiday decorations are an example) Curbs, gutters and sidewalks (for repairs only and excluding all handicap ramps) Roof drains and through the sidewalk curb drains
Pedestrian protection (barricades or canopies) (these are for temporary use related to construction)
Traffic counts
Single family driveways (multiple family and commercial driveway excluded) 2) Maintenance Agreement
This agreement was signed in January 1993 (Resolution 93-4) and assigned certain maintenance activities along Foothill Blvd. within the City limits and Lincoln Avenue from Foothill Blvd. to Silverado Trail to the City. These maintenance activities include:
Cleaning, maintaining and repairing (not reconstrucing or improving) curb, gutter, sidewalk and storm drain facilities.
Debris removal.
Maintenance and electricity bills for all electrical facilities except for the signal heads at intersections.
The cost of maintenance for the above will be shared 50-50 by the City and Caltrans. The City will be reimbursed up to $3,800 annually for the above maintenance.
Per the maintenace agreement, trimming and removal of trees, pest control, and repair and control of vegetation to be made by abutting property owners. This follows the city policy and the State Streets and Highways Code as is followed throughout the entire city. 3) Sharing cost of Electrical Facilities Agreement
This agreement was executed in January 1993 and revised in August 2021 and includes the cost of maintenance and electricity bills for the traffic signals at Lincoln Ave.-Washington St. and Petrified Forest Rd.-Foothill Blvd. intersections. According to this agreement City will pay the electricity bills for the signals at both intersections and the maintenance cost of the signals at Petrified Forest Rd.- Foothill Blvd. intersection. Caltrans will be responsible for maintenance cost of signals at Lincoln Ave.-Washington St. intersection.
4) Vine Trail Maintenance
The City also has a project specific maintenance agreement with Caltrans related to maintenance of the Vine Trail along Lincoln Avenue, from Silverado Trail to Brannan Street. The Vine Trail Maintenance Agreement was executed in June 2019 and included a section of Vine Trail along Item #8.4.
Motor Lodge frontage. The agreement was amended in September 2023 for the Lincoln Apartments project and extended the maintenance section to Brannan Street.
Alcohol in the Right of Way
Both the City and the California Department of Alcoholic Beverage Control (ABC) have authority related to alcohol services and/or consumption outside of buildings. The ABC has certain types of permits, licenses, and requirements that allow and/or restrict the sales and consumption of alcohol outside of a business, under an authorized issued ABC license.
However, Chapter 9.08 of the City's municipal code prohibits consumption of alcoholic beverages in public. We interpret this to include the Lincoln Avenue sidewalks even if they are not technically owned by the City and outside an approved ABC license privileges.
Use Permits
The City does provide provisions for sidewalk dining and consumption of alcohol within the public right of way per Chapter 17.33 of the municipal code. This process requires administrative approval from the Planning Department and subsequent approval by ABC. Given Caltrans ownership of the Lincoln Avenue sidewalk right-of-way, the only sidewalk dining permits issued have been for restaurants located on Cedar and Washington Streets. Some types of businesses on Lincoln Avenue, primarily tasting rooms, require use permits which limit such uses to the interior of a tenant space, unless there is privately owned space outside of the sidewalks and the business has obtained any necessary City and ABC permits. The City's jurisdiction does not cross the businesses threshold onto the Lincoln Avenue sidewalk. The City has full authority to enforce that permitted uses are contained to inside the building and will continue to exercise that authority on a complaintdriven basis.
Signage
The City has been expressly authorized to permit signage in the Caltrans right-of-way (see "existing agreements"). Note that in the City's municipal code A-frame signs are prohibited pursuant to Chapter 17.58, Section 17.58.020(B)(C). Staff is not recommending changing this prohibition and will enforce on a complaint basis.
Immediate Next Steps
Following the July 9 City Council meeting, staff plans to continue to conduct code enforcement activities on a complaint-driven basis where expressly allowed by Caltrans subject to any different direction from the City Council. This includes enforcing use permits (preventing alcohol service on the sidewalks, sometimes in conjunction with the ABC) and signage such as A-frames. Any current outstanding code enforcement cases will be reviewed to determine if the enforcement is in Caltrans' jurisdiction or the City's jurisdiction. The City will continue to process complaints within the City's jurisdiction and terminate enforcement on any matters that are in Caltrans' jurisdiction. The City will continue to accept and investigate code enforcement matters based on a complaint basis. All other complaints, including complaints about tables, chairs, planters, or the path of travel (i.e. ADA concerns about furnishings blocking the path of travel), should be submitted directly to Caltrans' customer service website at https://csr.dot.ca.gov/
In addition, also following the July 9 city council meeting, staff will create an index of where and how to submit specific code enforcement complaints and post the information on our website.
Item #8.4.
Mid-term Next Steps
If the City Council desires to expand the City's jurisdiction related to objects and uses on the Lincoln Avenue sidewalks, lobbying at the state level is necessary. There is currently no way for Caltrans to provide additional jurisdiction to the City. Staff recommends coordinating meetings between City Council representatives and our elected state officials to occur in September. The City would be seeking an additional agreement with Caltrans which would allow an 'airspace lease' of specific sections of the Lincoln Avenue sidewalks. This would allow the City to establish a program in which business owners could, through a yet to be determined process, sublet sidewalks in front of their businesses from the City for use as needed.
Should that effort be successful, staff will return to the City Council seeking direction on how you would see a public/private partnership working related to use of the sidewalks (cleanliness, etc.) and recommending how we might modify existing City codes to allow certain uses (such as alcohol service) and certain furnishings (such as tables or chairs) after the business obtains the appropriate ABC permit or license (if alcohol is involved) and after obtaining approval from the City.
FINANCIAL IMPACT:
Significant staff time from multiple departments and some attorney time will be necessary for all next steps in the process.
CEQA STATUS:
No CEQA review is required as part of this intial direction to staff on next steps.
ATTACHMENT(S):
Caltrans Agreement for Encroachment Permits
Caltrans Agreement for Maintenance
Caltrans Signal Maintenance Agreement - Fully Signed
PSMA_04_NAP_29_PM37_52_37_85_Calistoga_Lincoln_Bike_Trail_Amend1_6-27-2019 APPROVAL(S):
Hamid Heidary, Senior Civil Engineer Approved - Jun 28 2024 Greg Desmond, Planning and Building Director Approved - Jun 28 2024 Jed Matcham, Fire Chief Approved - Jun 28 2024
Mitch Celaya, Chief Approved - Jun 28 2024
Rachel Melick, Parks & Recreation Director Approved - Jun 28 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Item #8.4.
MAR - .1995
"THIS AGREEMENT, made and executed in duplicate this _€Z%%{ day of TM??? 19 re , by and between min—re a e
of Cali ornia ac ing y an rough the Department of
Transportation, hereinafter referred to as State and the City of Calistoga hereinafter referred to as City.
WITNESSETH:
A. RECITALS
The Parties hereto desire to provide for the City to perform particular encroachment permit functions on State Hig way Routes 04-Nap-24 and O4-Nap-128 within the jurisdictional limits of City, to wit, the issuance of routine encroachment permits and the control and inspection of work performed pursuant to said permits, asdprovidedfor in Sections 130 and 676 of the Streets and Highways Co e.
B. AGREEMENT
This Agreement shall supersede any previous AGREEMENT WITH
CITY OF CALISTOGA TO ISSUE ROUTINE ENCROACHMENT PERMITS ON STATE HIGHWAYS and/or AMENDMENTS thereto.
C. In consideration of the mutual covenants and promises herein contained it is mutually agreed that City;
1. Shall use State's Standard Encroachment Permit forms.
2. Shall follow State's policies as contained in State's Encroachment Permit Manual. A copy of said Manual
will be furnished upon execution of this Agreement.
3. Shall follow State's design standards unless City
' standards are more restrictive. In the event of conflict as to interpretation, State's standards shall apply.
4. May issue Encroachment Permits for the following
routine encroachments Without State's prior
approval:
a. Signs, marquees and awnings
b.”Banners and decorations
c. Curbs, gutters and sidewalks (excluding handicap ramps) d. Roof drains and through the sidewalk curb drains
e. Pedestrian protection (barricades or canopies)
f. Traffic counts _ . g. Single family driveways (multiple family and commercial driveway excluded) '
5. Shall collect sufficient fees from the permittee to cover its cost of permit administration, inspection and other permit related costs. No costs for City's administration, giviewor inspection shall be charged to or borne by the ate.
Item #8.4.
6. Shall assign qualified personnel to review permit applications, plans and specifications, to revise plans and produce permit with appropriate specifications” and Edi“ provide construction inspection or monitoring and Bonduct final inspection of all work performed within the highway right of way. a
7. Shall keep on file, subject to State's inspection,
all permits issued on State highways; and shall
forward copies of all issued permits, along with
Notices of Completion, As-Built plans (if any) and
all other related data to State's District Permit
Engineer.immediately upon completion of the work
permitted or upon the expiration of the permit.
D. LEGAL RELATIONS AND RESPONSIBILITIES
Nothing in the provisions of this agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law.
It is understood and agreed that neither the STATE nor any officer or employee is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this agreement. It is understood and that pursuant to Government Code Section 895.4 City shall defend, indemnify and save harmless the State of California, all officer and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this agreement.
The City waives any and all rights to any type of express and implied indemnity against the STATE, its officers and employees arising from any work, authority or jurisdiction delegated to the City under this agreement.
E. TERMS OF AGREEMENT
THIS AGREEMENT shall become effective on the date that it is executed by all parties and shall remain in full force and effect. until amended or terminated. -
This Agreement may be amended or terminated at any time upon mutual consent of the parties hereto. This Agreement may also be terminated by either party upon thirty (30) days written notice to the other party.
Item #8.4.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
STATE OF CALIFORNIA CITYOFCALISTOOA
DEPARTMENT OF TRANSPORTATION
BY / LAVERNEOYARZO, Mayor
GLENN E. BEHM
Deputy District Director, Maintenance
Approved as to form and procedure
[APPROVED AS TO.» QRM
Attorney . Department of Transportation///
4%.
Item #8.4.
f: F:F;.:\-' )‘lxll-SRS {?x-z 6‘“.'::;,.7“ Osman/WT 3 ! [ya/7r;
MAR2
RESOLUTION NO. 93-5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING AGREEMENT
FOR THE ISSUANCE OF ROUTINE ENCROACHMENT PERMITS ON
STATE HIGHWAYS IN THE CITY OF CALISTOGA
WHEREAS, the State of California, through its Business, Transportation and Housing Agency, the Department of
Transportation has presented an Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga effective and to remainin effect until amended or terminated; and
WHEREAS, said Agreement for the issuance of routine
encroachment permits on State Highways in the City of Calistoga has been approved this 19?1 day of Jmumzz ,1993 and to
remain in effect until amended or terminated; and
WHEREAS, the City Council of the City of Calistoga has heard and read said Agreement in full and is familiar with its contents; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that said Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are further directed to sign Agreement on behalf of the said City.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 12th day of January 1993 by the following vote:
AYES:Counci1member Trout, Mayor Oyarzo, Co cilmembers Fundy, Ranieri‘ and NOES : None Marberry.
ABSTAIN/ABSENTzNone
Laverne Oyarzo, Mayo
ATTEST: M—
Patt Osborne, City Clerk
Item #8.4.
“ix \
, k .
‘
: .A/
' STATEOF CALIFORNIA—BUSINESS, TRANSPORTATIONAND HOUSING AGENCY . PETEWILSON, Gowmor
x ’DEPARTMENTOF- TRANSPORTATION
BOX 23660
OAKLAND, CA. ’94623-0660
(510) 286-4444
TDD (510) 236-4454
December 18, 1992
404.20
Mr. Waldo Kolb
Department of Public Works
City of Calistoga
1232 Washington Street
hCalistoga, CA 94515
Subject: Agreement to Issue Encroachment Permits
Dear Mr. Kolb:
As discussed at our December 16, 1992, subject meeeting, for .7 your information we are transmitting herewith: i. 3
a! Encroachment Permit Form TR0126
Encroachment Permit Rider Form TR0127
Completion Notice Form TR0129
Encroachment Permit Fee Schedule (1/90)
Standard Special Provisions for type AD, BR, CS, DM,
MC(p), SV(counters) and RS permits.
Should you have any questions, call me at (510) 286-4424.
Sincerely,
PRESTON W. KELLEY
District Director
”W.
R. L. CASHION
District Permit Engineer
Attachment
Item #8.4.
i“
n ; r
.. STATED?"CALIFORNIA- DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMIT(CITY)
TR-0126 (new 9/91) PermitNo.
‘ Dist/CoimeIPM
Incompliance with(Check one):
Date
C] Your application of
W
E] UtilityNotice No. __ of S s
[3 Agreement No. 0f...__'—_
D R/W Contract No. of
To: [——. —l
|_ J , PERMITTEE
and subject to the following, PERMISSIONIS HEREBYGRANTEDto:
\
in additionto fee, the permittee will
be billed actual costs tor:
D Yes El No Review
[:I Yes [:I No Inspection
[I Yes _____ Fieldwork
The followingattachments are also included as part of this permit (Check applicable):
[:I Yes _ __ __ __ General Provisions
[I Yes}; I] No UtilityMaintenance Provisions
I] Yes: [:I No Special Provisions
D Yes I: No A CaLOSHApermitrequiredpriorto beginningwork; #
[:| Yes
. [3 MA. The informationinthe environmentaldocumentationhas been reviewedand considered priorto ‘
‘ approval ofthis permit.
(Ifany Caitrans effort expended)
This permit is void unless the work is completed before , 19 This permitis to be strictly construed and mother work other than specificallymentioned is hereby authorized.
No project work shall be commenced untilallother necessary permits and environmentalclearances have been obtained.
Thispermit is issued by the undersigned citypursuant to delegation APPROVED:
cl maintenance cl State highways by agreement between the dry 3 State. .DistrictDirector crrY:
STATE: .DistrictPermitEngEneer
Item #8.4.
\/\
STATE0%CALIFORNIA‘ DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMITRIDER(CITY)
TR-0127(NEW9/91) -
PermitNo.(Original),
RldorFee Paid Dist/CWRWPM
Date
TO: [——
l _|
|_
I _J , PERMITI’EE
In compliance with (your, our) request of—'___ .19— we are hereby amending the above numbere d
encroachment permit as follows: '
Date of completion extended to: I: NCCHANGE I]
Except as amended.all other terms and provisionsof the originalpermitshall remain in effect.
Thispermit is Issued by the undersigned citypursuant to delegation APPROVED:
of maintenance a! State highways by agreement between the citya State. .DistrictDirector CITY:
.DistrictPermitEngineer
FM9I 1439
Item #8.4.
i STATE OF CALIFORNIA- DEPARTMENTOF TRANSPORTATION
COMPLETIONNOTICE
TR 0129 (Rev. 1/92)
DATEWORKCOMPLETED PERMITNUMBER
FEEIDEPOSITPAID
ROUTETO: 1) DistrictPermitOf?ce and Copy Maintenance
2) DistrictAccountingOffice for billing ' a) Copy to localagency for agreement work
PERMITTEENAME
DIST/CORTEIPM
ASSOCIATEDPERMITSOR RIDERS
ROAD.NAME.INTERSECTION. ETC.
DESCRIPTIONOF WORK
INSPECTOR'SCOMMENT
I
PERMITSTAFF .
0 Workis not complete;this noticeis forprogress billingonly.
CI To the best of my knowledge,workwas completedinaccordance withpermit requirements.
PERMITINSPECTOR
BILLING(For Permit Office use)
was NO HOURS
OTHERCALTRANSUNITS
ACTUALINSPECTIONHOURS
(Not for br7lingpurposes)
PERMITINSPECTOR
CERTIFICATION
A. AmountCollected .................... $ (A)
REVIEW E] III
8. ReviewCast ............................ $ (8)
INSPECTION 0 D c. InspectionCost........................ $ (0) D. FieldWonkCost....................... $ (D)
FIELDWORK Cl C)
. El BILL[(B+C+D)—A]................... $
AGREEMENTWORK El E]
El REFUND
EA — — — —— —— —— Permitwasdenied or cancelled prior to construction. ‘ YES No Refundunexpended fees forpermit type.
AX[A-(B+C+D)]...................... $
PROGRESS BILL a a As (A-B) ................................. $ PERMITCOMPLETEDD 0 Close ?le
muToSet Fee (C) .............................. $
FINALBILL Cl C]
RELEASEBOND D C]
RELEASECASH DEPOSIT E] El
OTHER (Describe below.) 0 CI
PERMITENGINEER DATE
69! 0063
Item #8.4.
CALIFORNIADEPARTMENTOF TRANSPORTATION (on; 1/90) ENCROACHMENTPERMITFEE SCHEDULEm
REVIEII
coats TYPE APPLICATIN INSPECT!“ (2) PERMIT ”125(3) mst3)
GENERAL
A0 Advertising Display, 2 1
Marquees, Arcades;
Awnings, Bldgs.
As Airspace Rentals EXEMPT. EXEMPT AP Art Program EXEMPT EXEMPT BR Banner, Decor, Temp. Sign 1 1 . 85 Bus Passenger shelter 2 2 CC Ci ty/County Issued CD Conmercial Development AS AX CN Chain Installer 1+Bib AS CR Coffee/Rest Stop EXEMPT EXEMPT CS Curb/Cutter/Sideualk AS AS DP Double Permit (5) 1 PERORIG. PERMIT FN Fence New/Modify 3 2 AS MB Mail/News Box EXEMPT EXEMPT MC Miscellaneous he]. fn’h'rma As AX Ti ebaclt Stripe or [Signing , Major Conv. Hwy. Uidening Hiden Freeway or Ranp -
_ Bridge liorlt
0A butdoor Advertising (6) 6 AS Rx RR Crossing EXEMPT EXEMPT SC Caltrans Construction 1 O ContracttEorly Entry)
SV Survey/Archeological/ 2 AS Traffic Courts/Soil Survey ( Womel Under Roadf30“+) AS AS \ wLuall AS as
MIME: ‘ on Minor rv-F' Jun-f 2 as on Major As AS
FTUIIM:
FI Intermittent Traffic Control ' 2 0 F0 Mo Moving Vehicle 1 0 FL Traffic Control AX AX FS Special AX AX FR Rider AX AX REVIEU
0135 TYPE
(2) PERMIT MMSG)
GEO‘PMVSICALTESTING:
6C Cable Crossing 1
GV Vibriosis 1
LAIDSCAPE:
LC Conventional AS
LF Freeuay As
lM Maintenance 1
LT Tree Trim/Removal AS
RIDER:
RD Caltrans Initiate EXEMPT
RT Tine Extension 1
RH Modify work AS
ROADAPPROACHMIVEHAY:
RS Madly/Agricultural 2
RM Resurface/Reissue Reconstruct 1
RC Connercial AS
RP Ptblicnrrivaee-load AS
mean
SE Special Event AS
W
SM lieu/Modify AS
Tit Traffic Controls] 4
3 Teapot-cry Signal
08 Amusl Maintenance 1
UC Conventional Aerial 2
UE Amual Utility Encroaoh-ant 1
UF Freeway Aerial I.
UK Undergromd Longituiinal Major AS
UL Undergromd Longitudinal Minor AS
UR State [mired Relocation EXEMPT
US Service/Pothole Modify/Cameo: 2
UT Transverse lore Jack 2
UT (pen Cut/By AllRider AS
APPLICATION INSPECTION
MRS“)
A8
A5
A5
A5
AS
EXEMPT
AS
AS
AS
AS
AS
NOTES: (1)
,«
(2)
(3)
(4)
(5)
(6)
PublicCorporations are map: from this schedule (but not contractors working for public corporations).
Code used in permit number
Unusual permits can be changed from Set to AS.orASto AX at Permit Engineers option Field Work by Caltrans will be charged AS
Inspection will be charged under original permit or double permit, not both. 0A type permits requiring tree removal and replacement planting will be issued as LT type permits.
January 11, 1990
AS - Requiredepoet't at estimated amount priorto permitreview. Alter review, total review sheet and estimated hours at unseat hourly rate. Difference is eolleewd before permitishsued. .
hours at current
Take deposit at estimated amount prior to permit review. inspecuo ' cal ‘ew sheet and estimated ‘ After renew.to m rate. Difference is collected before
permit is issued.and any additional costs incurred during the work are collected upon wont completion and prior to bond release. WheneverAX is used, besure to check the
appropriate box on face of perrmt.
AS & AX
Riders
issuance.
All Permits
verify or adjust fees.
Signi?ant changes in work. requiringadditional _ . inspection or review.are collectedpnor to penmt nder Actual review and inspection hoursare documented on
completion notices.and recorded tn computer data base to Item #8.4.
AD
In addition to the attached General krovisions, from DM-M-P-ZOZB, the following special provisions are also applicable:
I. GENERAL
1. Signs, Marquees and Awings overhanging State highway right of way (R/W) shallcomply with the requirements of the applicable local agency,the latest edition of the Uniform Building Code (UBC) or these special provisions, whichever.is the higher standard.
I]. SIGNS
1. Vertical Clearance: The minimum clearanceof signs from thesidewalk shall be twelve feet (12'). r
2. Codes: Must be structurally adequate and conform to applicable building code "andCaltrans' Outdoor Advertising Regulations.
3. Location: Support shall be off the right of way. The overhang shall be at least two feet (2') back of the curb line. If no curbs are in place, the signs should be placed so that some physical barrier prevents them from being struck.
4. Advertising: The wording on the sign may only identify either the owner, the goods sold or manufactured on the‘premises or theservices. rendered.
5. Lights: No flashing, ratating or intermittent lights shall be allowed except approved public service information. Signs that contain red,‘yellow, or green lights shall not be permitted where they could interfere with thedriver's perception of traffic signals.
6. No displays shall interfere with or hide traffic signals or traffic signs.
7. Any future change of copy or location must be covered by a separate permit.
III. MARQUEES
1. The horizontalclearance between a marquee and the curb line shall not be less than two feet (2'). ‘-
2. Theminimumvertical clearance from the sidewalk shall be twelve feet (12').
3. A marquee shall be supported entirely by the building.
4. Any drainage from the marquee shall not fall on or drain across the sidewalk.
IV. AWNINGS
1. An awning is a temporary shelter supported entirely from the exterior wall of a building.
2. Awnings may identify the owner or place of business.
Item #8.4.
BR
In addition to the attached General Provisions,form DM-M-P-ZOZB,the followingspecial provisions
1. 1.
2. ,f‘iarealso applicable:
BANNERS
The banners shall not contain private advertisingnor be of a political nature.
The lower edge of the banners shall be at least eighteenfeet (18') above the highway pavement at its closest point.
Suspension or installation on State owned traf?c signalpoles or other State owned facilitiesis prohibited. '
Local police shall provide traf?c control while banner is being installedor removed.
The display may not be in place more than two weeks prior to the event and shall be immediately removed after the event.
II. CHRISTMAS DECORATIONS
1. 2.
Installation of Christmas decorationsshall not beginprior to the day after ThanksgivingDay.
Decorations attached to vertical structures such as power, telephone, or light poles, are not to project beyond the curb line and shall not hang belowa height of fourteen feet (14').
Decorations which project beyond the curb line or cross the highwayshall have a minimum vertical clearance of eighteen feet (18').
Decorations shall not be attached to State owned poles.~ Decorative lightingdisplayingred, yellow, or green lightsshall no be placed where they could interfere with the driver's perception of traffic signals.
Item #8.4.
CS
In addition to the attached General Provisions, form DM-M—P—ZOZB, the following special Provisions
1. 2.
are applicable: (
A State issued permit is required for any landscaping or tree installation, including installation of tree wells.
A separate permit mustbe obtained form Caltrans for any driveway, handicap-ramp installations or any sidewalkswhich are other than portland cement concrete constructed in compliance with Caltrans Standard Speci?cations.
Traffic control is authorized only between 9 am. and 3 p.m., Monday through Friday, holidays excluded. Any traffic control which requires lane closure shall be in compliance with the appropriate traf?c control plan. Where required by the plan, the use of a ?ashing arrowboard is MANDATORY.
New curb and gutter installationsshall be State standard type A2-6, unless necessary to conform to existing adjacent curb and gutter installations.
Normally, the back edge of a sidewalk shall be placed on the right of way line. Sidewalk width shall be minimum of ?ve feet (5').
Alignment and grade of gutter and sidewalk shall match the existing.
Existing concrete curb and paved shoulder shall he saw cut to a neat line prior to excavating ( and forming. Existing concrete sidewalk shall be saw cut at the scoreline. Paved shoulder shall \ be replaced with asphaltic concrete paving material equal "in kind" and thickness to existing shoulder and shall conform to lip of new curb and gutter.
Permittee shall be responsible for the relocation or adjustment of any utility required as the result of work authorized by this permit, and utility relocations shall be completed prior to the installation of any new curb, gutter or sidewalk.
A monolithic pour of sidewalkand curb and gutter shall not be permitted.
Item #8.4.
DM
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable.
I. ROOF AND SURFACE BRAINS
1. Drains must be restricted to the exclusivepurpose of draining rain water from the roof of permittee's building and/orpaved parking lot. Drains if used for any other purpose, such as draining waste-water or domestic supply water onto the highway, will not be authorized.
Drains shall be installed at right angles to the curb line unless otherwise authorized.
2. Removal of PEICSidewalks or Curbs: Concrete sidewalksor curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
3. After pipe drains are installed, curb and sidewalkshall be replaced with Portland cement concrete.
Item #8.4.
MCP O
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable: ' When the work area encroaches upon a sidewalk, walkway, or crosswalk area, specialconsideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown 0n the approved permit plan.
Q Pedestrian walkways and canopies within State Right of way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building code, whichever contains the higher standards.
Item #8.4.
uuawgu v;..R; u
SV (Counters)
In addition to the attached General Provisions,form DM-M-P-202B(Reva/82), the following special provisions are applicable:
1. Personnel installing or removing traf?c counters shall wear an orange colored outer garment and a hard hat.
- 2. Traffic counters installed on freewayramps. shall be located at the curb return as near as possible to the local street intersection.
3. Counter tubes 'Shall be securely attached to the pavementby taping. No nails, spikes or other material shall be driven into the pavement except to secure the tube at the outside edge of shoulder, at the lip of a gutter, or in the center line stripe.
4. A copy of the collected data shall be sent to the Caltrans District Permit Engineer.
Item #8.4.
ED RS
In addition to the attached General Provision, form DM-M-P-ZOZB(Rev. 2/82), the following special provisions are applicable:
I.
1. 2.
6O
RURAL LOCATIONS
The driveway shall be surfaced with a minimum of two inches (2") of asphalt concrete placed on four inches (4") of well graded and compacted aggregate base and shall conformtothe existing pavement.
Existing drainage shall not be impaired. Either a valley gutter or a culvert shall be provided.
Where a culvert is installed, it shall be installed 1n the flowline of the existing drainage ditch at an elevation to provide maximum drainage.
A standard tapered end section shall be installed at the inlet and outlet of the culvert.
Any change in the existing drainage pattern, whether occasioned by increase or diversion, and the cost of any damage, repair or restoration of the State highway right of way shall be the responsibility of the permittee.
Driveway installation shall conform to the attached plan, "Standard Private and Commercial Road approach in Rural Areas with unimproved Frontage in Conventional State Highway". 1]. URBAN LOCATIONS
1'
3?;
Where curbs exist, the driveway structural section shall be a minimum of four inches (4") of Portland Cement Concrete (PCC) over six inches (6") of aggregate base.
Driveway details shall comply to State standards unless localstandards exceed the State's.
Any existing utility boxes must be either relocated or adjusted to grade at the permittee’s expense.
Removal-of PCC Sidewalks or Curbs: sidewalks or curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
Item #8.4.
<
) )
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF
and the City of hereinafter
WITNESSETH:
A. RECITALS:
B. AGREEMENT:
C. MAINTENANCE DEFINED:
Sec. 27.
-1-
hereinafter referred to as
referred to as "CITY".
This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CALISTOGA and or AMENDMENTS thereto with the CITY.
The CITY will perform such maintenance work as is specifically delegated to it, on State highway routes or portions thereof, all as hereinafter described under Section H hereof or as said Section may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives.
In consideration of mutual covenants and promises herein contained, it is agreed:
Maintenance is defined in Section 27 of the Streets and Highways Code as follows:
The parties desire to provide for the CITY to perform
particular maintenance functions on the State highway(s) within the CITY as provided in Section 130 of the Streets and Highways Code.
CALISTOGA
This AGREEMENT, made and executed in duplicate this /7
day of aalltao________, 19 93 , by and between the State of California, acting by and through the Department of Transportation, "(a) The preservation and keeping of
rights of way, and each type of roadway,
structure, safety convenience or device,
planting, illumination equipment and
other facility, in the safe and usable
condition to which it has been improved
or constructed, but does not include
reconstruction or other improvement.
"STATE"
Item #8.4.
) )
(b)
( C )
D. DEGREE OF MAINTENANCE:
to time by the District Director."District Director", as used maintenance levels. Failure of the CITY to comply with the maintenance levels would be reason to terminate this Agreement as specified under Section JTerm of Agreement". However, this ft An Encroachment Permit will be required for third parties when maintenance work is redelegated.Such redelegated work shall be total and route dollar amounts.The CITY may perform additional work if desired but the STATE will not reimburse the CITY for any work in excess of authorized dollars.The District Director may -2-
Operation of special safety conveniences
and devices, and illuminating equipment.
random check does not preempt the CITY’s maintenance
responsibilities as spelled out in the Agreement.
The special or emergency maintenance or
repair necessitated by accidents or by
storms or other weather conditions,
slides, settlements, or other unusual or
unexpected damage to a roadway, structure
or facility."
authorize adjustments needed because of inflation or changes in program emphasis.
herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative.
performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces.
The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY), or as may be prescribed from time The level of service of maintenance in each of the programs delegated to the CITY has been considered in setting authorized The STATE reserves the option to check at random all areas of State highways maintained by the CITY to assure conformance to Item #8.4.
/
)
LEGAL RELATIONS AND RESPONSIBILITIES:E.
jurisdiction delegated to the CITY under this Agreement.It is It is
F. MAINTENANCE FUNCTIONS:
A brief description of those maintenance functions delegated to the CITY are included in this section.The functions are identified by the Caltrans HM Program Codes.
-3-
or jurisdiction delegated to the STATE under this Agreement, understood and agreed that pursuant to Government Code Section 895.4 STATE shall defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement.
understood and agreed that pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement.
Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law.
It is understood and agreed that neither the CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority It is understood and agreed that neither the STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or The CITY shall perform only those maintenance functions delegated, as identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement.
Item #8.4.
/ /
SLOPES/DRAINAGE/VEGETATIONHM2C
This provides for cleaning, maintaining, and repairing
culverts, ditches, drains, structures,fences, curbs, •
sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line.It also
control. The following problems are included:
1. Sidewalks
LITTER/DEBRISHM2D
This provides for removal of litter and debris from roadway The following problems are
HM2E LANDSCAPING
This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted areas.Includes trimming, The
HM4K ELECTRICAL
It also includes the electrical energy for these
1. Safety lighting only (Exhibit A)
-4-
includes weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees and pest lighting,
items.
This includes maintenance work performed on highway
electrical facilities including flashing beacons, traffic signals, traffic-signal systems, safety lighting and sign removal, and spraying of trees, replacement of plants,
shrubs, and trees, and pest control in planted areas,
following problems are included:
surfaces and roadsides,
included:
The CITY shall follow the same policy and procedure
generally practiced regarding CITY sidewalks by requiring repairs and control of vegetation to be made by or at the expense of abutting owners, who are under legal obligation to perform such work.
1. Weed control
2. Pruning/thinning/removing/replacing
3. Irrigation
1. Debris/carcass pickup
2. Sweeping
3. Litter pickup
4. Spills of non-toxic substances
5. Miscellaneous
Item #8.4.
I
)
District Director. Where such lighting has been
The same principle of costtotal number of legs.
distribution shall apply to freeway interchanges.The
-5-
The STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by the STATE, will be paid for when approved and specifically authorized by the specifically authorized, the maintenance and operating costs thereof shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs.
participation ratio shall be based on the ratio of the
number of legs of the respective agencies to the total
number of legs of the intersection.
The cost of maintaining traffic signals or other
electrically operated traffic control devices now in place or those which may hereafter be installed at the
intersection of any STATE highway route and any CITY
street/road shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the Item #8.4.
)
)
G. EXPENDITURE AUTHORIZATION:
A new (Section H) will be provided
or additional expenditures for specific projects
maximum expenditure per route as hereinafter specified.An -6-
may be made, when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative.
annually by the STATE for the ensuring fiscal year, if necessary, to insure equitable annual cost.
adjustment of the said maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement.
Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year, designated therein and shall not be deemed to permanently modify or change the basic The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by the CITY as delegated under Section H of this Agreement, but it is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Section H of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for.
"DELEGATION OF MAINTENANCE"
between routes,
Item #8.4.
) )
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on This delegation of
DESCRIPTION OF ROUTING
29 1.71 $
Footnotes 1, 3, 4.
128 1.31 5
Footnotes 2, 3, 4.
TOTAL AUTHORIZED EXPENDITURE $ 3,800.00
Footnotes:
-7-
LENGTH
MILES
PROGRAM
DELEGATED
HM2C
HM2D
HM4K
HM2C
HM2D
HM4K
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
0.00 200.00
400.00
Foothill Boulevard from
Lincoln Avenue (Route
29) to west city limits;
a length of 1.31 miles.
maintenance function set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and/or Freeway Maintenance Agreements.
Foothill Boulevard from
city limits 3,150 feet
southeasterly of Pine
Street to Route 128 at
Lincoln Avenue, along
Lincoln Avenue from
Foothill Boulevard to
north City limits at
County Road; a length
of 1.71 miles.
ROUTE
NO.
0.00 2,000.00
1,200.00
(1) Length of street to be cleaned - 1.0 curb mile.
(2) Length of street to be cleaned - 0.1 curb mile.
(3) CITY will maintain sidewalks and shall be
responsible for any costs therein.
(4) CITY will maintain approved intersection lighting.
STATE will participate in energy costs
(See Exhibit A).
"EXHIBIT A") is hereby delegated to the CITY.
Item #8.4.
STATE OF C A L .1.1" 0 K N .1. A
DEPARTMENT OF TRANSPORTATION
EXHIBIT A DECEMBER 21 , 1992
MAINTENANCE AND OPERATION OF- ELECTRICAL EQUIPMENT
BY THE CITY OF CALISTOGA FOR CALTRANS
IN ACCORDANCE WITH MAINTENANCE AGRI ENT EFFF TIVE JULY 1,1993 RTE PM INTERSECTION EQUIPMENT RATE INT OR POLE NO UNITS % SI ATE EQUIV UNTT 29 36.89 1A PINE ST. 7OU HP O DI UM 160 1.00 AAA
29 36.94 MYRTLE ST, 4000 HP ODIUM 24,225 uu 50.0000 .1. 29 37.00 CEDAR ST. A 2000 IIP- ODI UM 2 7 7 } 0 50.0000 f 29 37.14 WASHINGTON ST. 1A 200W HP 0 DI UM 3 33 2.00 . 0000 1 29 37.23 FAIR WAY 1A 4000 HP-SODIUM 2) :> 1.00 6667
29 37.32 STEVENSON ST. 1A 400W HP-SODIUM 241 1 .00 50 ) 0 0 0 29 37.39 WAPOO ST. 1A 70W HP-SODIUM 1.00 50.0000 ri
29 37.52 BRANNAN-WAPOO 1A 70W HP ODIUM 855 1.00 50.0000 0 ( 29 37.90 LAKE ST. A 70W HP ODIUM 1.00 50.0000 11)
128 4.04 LILLIE-HIGH STS. 1A W HP DD UM 00 1.00 50.0000 0 128 4.27 SILVER STREET 1A 70W HP ODIUM 33 1.00 A A
128 4.35 BERRY STREET 1A 70W HP ODIUM 3 4 1.00 66.66
4.42128 SPRING STREET )W HP OD HIM 40 1.00 ()
128 4.50 ELM STREET 1A 200W HP 0 DI UM 1.00 66.6667
0 PAGE 1
Item #8.4.
EQUIPMENT EQU IV UNITS EQUIPMENT EQUIV UNIT :>
IF YOU HAVE ANY QUESTIONS ON TH1 EXHBIT
PLEASE CALI- DAVID LEE. ( 510 ) 4
UNNUMBERED PACE
700W MV LIGHTS
250W HP-SODIUM
400W HP-SODIUM
0.0000
0.0000
2.1667
2000 HP-SODIUM
70W HP-SODIUM
100Q HP-SODIUM
s, » o 5 5 /4.6 66 7
0.0000
SUMMA FLY
CITY OF CALISTOGA
Item #8.4.
)
1. SUBMISSION OF BILLS:
The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually).Bills for less Program Code as outlined in this Agreement.Bills submitted for Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost.The CITY will be allowed to the execution of the work.Said factors and method shall be subject to approval by the STATE.
above-mentioned charges added again.An actual handling charge for processing this type of bill will be allowed the CITY.
Superintendent of that specific area.In addition, the CITY should STATE highway. Repair of equipment damaged in vehicular accidents shall be considered routine maintenance.
on a generally accepted accounting basis, complete and accurate records that support all billings.These records shall be made J. TERM OF AGREEMENT:
This Agreement may be amended or terminated at any time upon mutual consent of the parties thereto.This Agreement may also be -8-
terminated by either party upon thirty (30) days written notice to. the other party.
recover overhead and administrative costs only to the extent that such charges include applicable expenses incurred by the CITY in notify the STATE’S Highway Maintenance Superintendent for the area of any storm damage or other emergency condition affecting the available to STATE representatives for review during normal business hours for a period of three (3) years after payment of such billings.
than $500 shall not be submitted more than once each quarter.
Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans HM periods prior to the last fiscal year will be deemed waived and not be honored.
Emergency and storm repairs performed by the CITY will be paid for only with prior approval of the STATE'S Highway Maintenance Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these This Agreement shall become effective July 1, 1993 and shall remain in full force and effect until amended or terminated.
The CITY shall maintain,
Item #8.4.
) 1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
CITY OF CALISTOGA
By
./
(
7 //0
/
City ClerkCity Attorney ' \
By
2-22-23
DATE
-9-
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES W. VAN LOBEN SELS
Director of Transportation
GLENN E. BEHM
Deputy District Director
A. are f
ayor
Item #8.4.
)
RESOLUTION NO.93-4
WHEREAS, the State of California, through its Business, WHEREAS, said Maintenance Agreement has been amended this ,1993 and to remain in effect until
and
PASSED, APPROVED, and ADOPTED by the City Council of the ABSTAIN/ABSENT:None
Laverne Oyarzo,
ATTEST:
Patt Osborne, City Clerk
19th day of January
amended or terminated;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that the said Agreement for Maintenance of the State Highways within the City of Calistoga is hereby approved; and
Transportation and Housing Agency, Department of Transportation, has presented an Agreement for Maintenance of the State Highways in the City of Calistoga, effective and to remain in effect until amended or terminated; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are directed to sign Agreement on behalf of the said City.
City of Calistoga at a regular meeting held this 19th day of January,1993 by the following vote:
Fundy and
Marberry.
AYES: Councilmember Trout, Mayor Oyarzo
NOES: None
WHEREAS, the City Council has heard and read said Agreement in full and is familiar with the contents thereof; and
RESOULUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE
CITY OF CALISTOGA
Item #8.4.
SRT29, 128
AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES
WITH CITY OF CALISTOGA
THIS AGREEMENT is made effective this 19th day of August, 2021, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Calistoga, hereinafter referred to as "CITY" and collectively referred to as "PARTIES" This Agreement shall supersede, the agreement titled: "AGREEMENT FOR SHARING COSTS OF STATE HIGHWAY ELECTRICAL FACILITIES WITH THE CITY OF CALISTOGA", date of execution 19
th day of January 1993, at the specified locations herein.
The cost of operating and maintaining flashing-beacons traffic-signals, traffic-signal systems, safety-lighting, and sign-lighting including those now in place and those to be placed in the future at the intersection of any State Highway Route and any CITY street/road shall be shared as indicated in the written body of this document and as shown in Exhibit "A".
LINCOLN AVE AT WASHINGTON ST.
The performance and cost of maintaining and operating electrical facilities at this location on the STATE highway as shown in Exhibit A will be the responsibility of STATE.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be the responsibility of CITY.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be billed directly to CITY by the utility company.
It is agreed that monthly billings for CITY owned and maintained lighting will remain the responsibility of CITY.
FOOTHILL BLV. PETRIFIED FOREST INTERSECTION
The costof maintaining and operating electricalfacilities at this location on the STATE highway as shown in Exhibit A will be the responsibility of CITY.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be billed directly to CITY by the utility company.
It is agreed that monthly billings for CITY owned and maintained lighting will remain the responsibility of CITY.
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SRT29, 128
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF CALISTOGA
Initiated and Approved
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN
Director of Transportation
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City Attorney
f-efMichelle Marchetta Kenyon
Acting Deputy District Director
Maintenance District
8/19/2021
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Item #8.4.
City ofCalistoga PSMA
04-NAP-29 PM 37.70/37.85
PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR PEDESTRIAN/BIKE PATH IN THE CITY OF CALISTOGA
THIS AGREEMENT is made effective this 2 1 day of June .20g, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of CALISTOGA; hereinafter referred to as “CITY” and collectively referred to as “PARTIES".
SECTION I
RECITALS
1. WHEREAS, Encroachment Permit Number 0418-6MC1753 was submitted for the construction of a separated pedestrian/bicycle path, signs, and headwall/site retaining walls within the right of way limits of State Route (SR) 29, hereinafter referred to as “PROJECT”, and
. WHEREAS, this Agreement addresses CITY responsibility for the maintenance of PROJECT, as shown on Exhibit A, and
WHEREAS there is an existing Delegated Maintenance Agreement with CITY dated January 19, 1993, this agreement is not intended to replace or supersede said agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
4. 8.
Exhibit A, attached to and made a part of this Agreement, consists of plan drawings that delineate the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. . If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit A by a mutual written-execution 0f the exhibit. . The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. . CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Of?ce prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
HEADWALL/SITE RETAINING WALL ~
8.1. CITY will maintain, at CITY’S expense, the entire structure of the headwall/site retaining wall.
Item #8.4.
9. 10.
ll.
12. 13.
City of Calistoga PSMA
04-NAP-29 PM 37.70/37.85
8.2. CITY isresponsible for debrisremoval,cleaning and paintingto keep CITY ‘5 side of any headwall/site retaining wall structure free of debris,dirt, and graf?ti.
LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the area reserved for exclusive State use.
PEDESTRIAN/BICYCLE PATHS - CITY will maintain, at CITY expense, a safe facility for pedestrian/bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility. If constructed as permitted encroachments within STATE’s right of way, permittee is solely responsible for all path improvements, all fences, guard railing, drainage facilities, driveways, slope and structural adequacy of any pedestrian/bicycle path located and constructed within STATE's right of way.
SIGNS — CITY shall maintain City installed pathway signs placed or immediately adjacent to path for the purpose of warning or regulating path traf?c.
LEGAL RELATIONS AND RESPONSIBILITIES
12.1. Nothing within the provisions of this Agreement is intendedto create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
12.2. Neither CITY nor any officer or employee thereof isresponsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their of?cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
12.3. Neither STATE nor any of?cer or employee thereof is responsible for any injury, damage or liabilityoccurring by reason of anything done or omittedto be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its of?cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
PREVAILING WAGES:
Item #8.4.
14. 15.
16. City of Calistoga PSMA
04-NAP-29 PM 37.70/37.85
13.1. Labor Code Complianc — If the work performed under this Agreement is done under contract and falls Withinthe Labor Code section 1720(a)(1) de?nition of a "publicworks" in that it is construction,alteration,demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY‘S own forces is exempt from the Labor Code's Prevailing Wage requirements.
13.2. Requirements in Subcontract — CITY shall require its contractors to include prevailing wage requirements in all subcontractsfundedby this Agreement when the work to be performed by the subcontractor is a "public works" as de?ned in Labor Code Section 1720(a)(1)and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
INSURANCE:
14.1. SELF-INSURED ~ CITY is self-insured. CITY agrees to deliver evidence of. self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its of?cers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 mill-ionin aggregate and $5 million in excess. Coverage shall be evidenced by a certi?cate of insurance in a form satisfactoryto the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
14.2. SELF-INSURED using Contractor — If the work performed under this Agreement is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its of?cers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidencedby a certi?cate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
TERMINATION - This Agreement may be terminatedby timelymutualwritten consent by PARTIES, and CITY’S failure to comply with the provisions of this Agreement may be grounds for a Notice ofTermination by STATE.
TERM OF AGREEMENT- This Agreement shall become effective on the date ?rst shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
Item #8.4.
City ofCalistoga PSMA
04»NAP-29 PM 37‘70/37.85
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year ?rst above written.
THE CITY OF CALISTOGA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LAURIE BERMAN
Mayor Canning Director of Transportation
Initiated and Approved
By'm B: My (p27/7
Acting City Manager, Michael Kirn AVID AMBUEHL
eputy District Director
Maintenance District
ATTEST:
As to Form and Procedure:
. By:
City Attorney Attorney
Depaltment of Transportation
Item #8.4.
RESOLUTION2019-003
RESOLUTIONOF THE CITYCOUNCIL OF THE CITYOF CALISTOGA,COUNTYOF
NAPA, STATE OF CALIFORNIA,AUTHORIZINGTHE
CITYMANAGER TO EXECUTECAL TRANSMAINTENANCE
AGREEMENTSFOR PATHWAYS ON STATE HIGHWAY RIGHTS OF WAY
WHEREAS, the CityCouncil ofthe City of Calistoga supports the construction of the planned 47 mileVine Trail Pathway from Calistoga to American Canyon and eventually terminating at the Vallejo Ferry; and
WHEREAS, the CityCouncil of the City of Calistoga anticipates certain developments on LincolnAvenue willbe conditioned to construct portions of the Vine Trail Pathway, or other pathways, along their LincolnAvenue frontages, or other State Highway Rights of Way; and
WHEREAS,the proposed pathways and there on-going maintenance advances the CityCouncil's goals to improve all forms of transportation, including active transportation such as walking and cycling; and
- WHEREAS, the CaliforniaDepartment of Transportation requires as a condition of approval to construct the desired pathways in State Right of Way, that Project Specific Maintenance Agreements be entered into to ensure that the pathways are adequately maintained; and
WHEREAS,maintenance activities are categorically exempt per the California Environmental QualityAct pursuant to Title 14, the CaliforniaCode of Regulations, Section 15302(c).
NOW, THEREFOREBE ITRESOLVEDthat the CityCouncilofthe CityofCalistoga hereby authorizes the CityManager to execute Project SpecificAgreements, insubstantial conformance withthe attached draft agreement, forpathways on State Rights OfWay, and specifically State Routes 29 and 128.
BE IT FURTHERRESOLVEDthat the Public Works Department is authorized to apply to Caltrans for encroachment permits as necessary for pathway construction.
Item #8.4.
PASSED, APPROVED, ANDADOPTED by the CityCouncil ofthe Cityof Calisloga at a regular meeting held this 15th day of January. 2019, by the following vote:
AYES: Councilmembers Kraus, Lopez-Ortega and Williams, Vice Mayor Dunsford and Mayor Canning
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
c RIS CANNINGQ Mayor
ATTEST:
. \A ‘_ MELIS A VELASUEZ,neputy City Clerk
Item #8.4.
STATE OF CALFORNIA
COUNTY OF NAPA
CITY OF CALISTOGA
I, IRENE CAMACHO-WERBY, City Clerk of the City of Calistoga, do hereby certify that the attached is a true and correct copy of Resolution No. 2019-003; RESOLUTION of the City Council of the City of Calistoga, County of Napa, State of California, Authorizing the City Manager to execute CAL TRANS maintenance agreements for pathways on state highway rights of way.
IN WITNESS WHEREOF, I have hereto set my hand and the of?cial seal of the City of Calistoga on this a?b day of 374me, , yearj 01—?
acho—Werby,City Clerk
City of Calistoga
AFFIXED SEAL:
Item #8.4.
Established 1986
I:7; {1310]
PUBLICAGENCYRISKSHARING
AUTHORITYOF CALIFORNIA
ADDITIONAL COVERED EARIY
Califomia Department of Transportation
District 4
PO Box 23660
Oakland, CA 95623-0660
Re: EVIDENCE OF COVERAGE & ADDITIONAL C VERED PARTY ENDORSEMENT AS RE UIRED BY AGREE nENT OR CONTRACT; #13—626-CA
Only as respects to Agreement No. 04-NAP-29PM 3170/3735 between the State of Cai?ornia Department of Transportation and the City of Calistoga for Pedestrian/Bike Paths Please be advisedthat the City of Calistoga participatesin PARSAC, the Public Agency Risk Sharing Authority of California As such, it is collectively and pennissibly self-insured under Sections 990.4 and 990.8 of the California Government Code. The speci?cs of the self-insuredprogram are listed below:
COVERAGE YEAR: July I, 2018 ~ July I, 2019
- GeneralLiability including Automobile Liability
- Public Of?cials Errors & Omission
Limit:$1,000,000 per occurrence group self-insurance
Occurrence Retention: $10,000
CONDITIONS OF THIS ADDITIONAL COVERED PARTY ENDORSEMENT Effective Date: May 21, 2019 Expiration Date: July I, 2019 The coverage afforded as described above is subject to all terms, exclusions, conditions,de?nitions, and other provisions of the Public Agency Risk Sharing Authority of California‘sLiability Memorandum of Coverage. The coverage is afforded hereunder only where City of Calistoga is required by agreement or contract to name California Department of Transportation as Additional Covered Party.
If the City of Calistoga isrequired by agreement or contract to name California Department of Transportation as an Additional Covered Party and the agreement or contract requiresthe coverage provided to the AdditionalCovered Party to be primary, then the coverage provided by this endorsement shall be primary. In all other events, if collectible insurancewith any insurer, coverage with any other joint powers authority or other self-fundingmechanism is available to the Additional Covered Party named above covering a lossto which the PARSAC Memorandum of Coverage applies (whether on a primary, excess or contingent basis), the coverage of this Memorandumshall be in excess of, and shall not contributewith such other insuranceor coverage; provided that this clause does not apply with respect to excess insurance or coverage purchased speci?cally to be in excess of such Memorandtnn. The bankruptcy of, insolvency of, or placement into rehabilitationor receivership by any regulatory agency of any joint powers authority or insurance company providingjoint powers authority protection or insurance coverage to the Additional Covered Party, named above, shall not amend the application of this condition.
This Endorsementdoes not apply to liability arising out of the sole negligence of the AdditionalCovered Party named above.
Coverage is in effect as stated above and will not be cancelled except upon 30 days written notice to the Additional Covered Party. .
7 May 21, 2019
7 Kin ng, ARM
Risk Manager
cc: Gloria Leon, City of Calistoga Form Revised 609/15
1525 Response Road, Suite One, Sacramento, CA 958154803 Phone (916) 92777727 Facsimile (916) 92773075 www.parsac.org Item #8.4.
CITY QlF CAUST©GA
1232 Washington Street ' Calistoga,CA 94515
Telephone 7070422828 7 Public \Votks Dept.
Fax 707-942-9472
WV.ci.calistoga.c2\.us
May 22, 2019
Mr. Waddah Al—Zireeni
Senior Transportation Engineer
Caltrans
Maintenance Agreements Unit, MS—4A
P. O. Box 23660
Oakland, CA 94623-0660
RE: Project Specific Maintenance Agreement for Pedestrian/Bike Path in the City of Calistoga — Excess Insurance
Dear Mr. AI-Zireeni:
Please find enclosed four (4) signed original agreements for the above-mentioned project related to Encroachment Permit Number O418-6MC1753. Also enclosed is evidence of $1 million in insurance coverage and additional covered party endorsement as required by the agreement.
The City is Self—Insuredand agrees to deliver evidence of $2 million in aggregate and $5 million in excess coverage upon receipt of the fully executed and dated agreement.
Thank you for your consideration.
Sincerely,
//7 /7 1/, /;/r:.,.’<.——s
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/GlcriaLeon LD/irector of Administrative Services
City of Calistoga
Item #8.4.
EXHIBIT “A”
(Plan map identifyingthe applicable STATE Routes (Freeway proper) and CITY/COUNTY road(s) and facilities)
Item #8.4.
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Item #8.4.
Amendment No. 1
04-NAP729 PM 3752/3735
. AMENDMENT NUMBER 1 T0
PROJECT SPECIFIC MAINTENANCE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA
AND THE CITY OF CALISTOGA
This Amendment Number 1 to the Project Speci?c Maintenance Agreement identi?ed below (AMENDMENT), entered into and effective on , is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as (“STATE”), and City of Calistoga, a municipal corporation, hereina?er referred to as (“CITY”), acting by and through its Mayor. CITY and STATE together are hereafter referred to as “PARTIES”.
RECITALS:
1. PARTIES, entered into an agreement on June 27, 2019, entitled ”Project Speci?c Maintenance Agreement" hereafter referred to as (“AGREEMENT”), AGREEMENT defined the terms and conditions applicable to CITY’s maintenance duties of a separated path, signs, and headwall/site retaining wall within STATE right of way along State Route (SR) 29, as shown in Exhibit “A” of AGREEMENT.
2. AGREEMENT by its terms provides that it may be modi?ed and amended at any time upon mutual consent ofthe PARTHES.
3. The purpose of this AMENDMENT is to assign and expand the maintenance responsibilities of extending a segment of multi-use path from Calistoga Motor Lodge to the existing sidewalk at the Brannan Street intersection as part of Vine Trail Pathway.
4. PARTIES to amend AGREEMENT as provided herein.
IT IS THEREFORE MUTUALLY AGREED:
5, EXHIBIT ”A" is hereby deleted and replacedby EXHIBIT ”A" (REVISION 1).
6. All other terms and conditions of AGREEMENT shall remain in full force and effect.
7. AMENDMENT is hereby deemed to be included and made a part of AGREEMENT.
Item #8.4.
Amendment No. 1
O4—NAP—29PM 3752/3735
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and yea: ?rst above written
THE CITY OF CALISTOGA STATE OF CALIFORNIA
nFPARTMENT 0F TMNSPORTATON
By
Iuin'ated and Approved:
By: _ _ By:
Lama ouAucumu, w, xuaunsnn Leah Budu Date
Deputy District Director
Maintenance
ATTEST:
By:
By:
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Item #8.4.
RESOLUTION NO. 2023-062
ADOPTEDAUGUST 15.2023
RESOLUTION OF THE CITYCOUNCILOF THE CITYOF CALISTOGA,COUNTYOF
NAPAISTATE OF CALIFORNIA,AUTHORIZINGTHE CITYMANAGERTO EXECUTE AMENDMENTNO. 1 TO THE CALTRANSMAINTENANCEAGREEMENTFOR PATHWAYS
INTHE STATE HIGHWAY RIGHT-OF-WAY
WHEREAS, the City Council of the City of Calistoga supports the construction of the planned 47—mileVine Trail Pathway from Calistoga to Vallejo; and WHEREAS, the City Councilof the City of Calistoga anticipates certain developments on Lincoln Avenue will be conditioned to construct portions of the Vine Trail Pathway, or other pathways. along their LincolnAvenue frorrtages; and
WHEREAS, the proposed pathways and there on-going maintenance advances the City Council's goals to improve all forms of transportation, including active transportation such as walking and cycling; and
WHEREAS, the California Departmentof Transportation requires as a conditionof approval to construct the desired pathways in State Highway Right-of-Way, that a Maintenance Agreement be entered intoto ensure that the pathways are adequately maintained; and WHEREAS, CityCouncil passed Resolution No. 2019-03 Authorizing the City Manager to sign the MaintenanceAgreement withCaltrans for the section of Vine Trail along Motor Lodge; and
WHEREAS, the city entered into a Maintenance Agreement with Caltrans for the construction of the pathway along the MotorLodge that was completed in 2020; and WHEREAS, the LincolnApartmentswere also conditionedto complete the remainder ofthe pathway along their frontage and connect the existing pathway at LincolnAvenue and Brannan Street Intersection; and
WHEREAS,Caitrans has requested the MaintenanceAgreement to be amended to include the new section priorto issuing an encroachment permit for construction; and WHEREAS,sta?' recommends the City Council authorize the CityManager to execute the Amendment No.1 to the Agreement on behalf of City of Calistoga; and WHEREAS, maintenance activities are categorically exempt per the California Environmental Quality Act pursuant to Title 14. the CaliforniaCode of Regulations, Section 153020;); and
WHEREAS, there willbe a nominal cost to maintain pathways. Maintenance to be completed using existing and future street maintenance appropriations.
Item #8.4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGADOES HEREBY?nd the following:
1. Authorizesthe CityManager to execute Amendment No.1to the Caltrans Maintenance Agreement for pathways in the State Highway Right-of—Wayon behalf of the City of Calistoga.
PASSED, APPROVED AND ADOPTEDthis 15" day of August 2023. I, YUDIANA GALVAN.INTERIMCITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolutionwas introducedand passed at a regular meeting ofthe CelistogaCity Council by the followingroll call vote:
AYES: Councilmemhon Eisenberg, Cooper and Gift.Vice Mayor Lopez-Ortega and Mayor Williams
NOES:
ABSTAIN:
ABSENT:
ATI'EST: APPROVED:
.
‘ 7_/ v . Z :—
Yud‘ na Galvan, City Clerk uonmo mmarns, Mayor
Item #8.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Dec 03 2024
Subject: Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks AGENDA TITLE:
Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
Lincoln Avenue is a state highway, Highway 29. As a result, Caltrans has sole ownership and responsibility for the right-of-way all along Lincoln Avenue. This right-of-way extends from building face to building face which includes the sidewalks on both sides of the street. Caltrans prohibits all commercial uses on sidewalks within their jurisdiction. This includes the placement of any objects on the sidewalk. The city does not have the authority to regulate or enforce sidewalk use violations such as business activities or the use of tables, chairs, planters, or advertising occurring on the sidewalk. Physical objects on the sidewalk not only violate Caltrans' policy prohibiting commercial activities but can pose pedestrian safety issues pertaining to ADA and health & safety issues such as tripping hazards. These have been the source of complaints to the city by both community members and businesses. As the city is unable to apply its municipal code, the city has been perceived as unresponsive to complaints. This effect is compounded as Caltrans does not seem to have the bandwidth to enforce violations or address complaints, leaving complainants frustrated as well as not addressing a potential safety issue. In addition, at times businesses will take advantage of the situation and conduct unregulated activities which the city is unable to address and Caltrans unable to manage.
Following the removal of the parklets and discussions about code enforcement along Lincoln Avenue, the City Council directed staff to look into how the City could obtain more local control over the sidewalks. By managing the use of the sidewalks, the city could better support businesses by implementing and ensuring consistent safe use of the sidewalks, create a vibrant and economic sustainable downtown, address complaints, and be consistent in applying the city's municipal code to include Lincoln Avenue.
This report summarizes the work done and information collected to date following the City Council's direction.
ANALYSIS:
In trying to determine what options are available for additional local control, Staff met with representatives from Senator Dodd's office and Assemblywoman Curry's office and had multiple Item #8.4.
discussions with Caltrans, including with District Branch Chief Jim Bozionelos of the Division of Right Away. Staff then explored several options to achieve some level of local control including the ability to approve, regulate, and enforce activities on the Lincoln Avenue/Hwy 29 sidewalks.
Legislative Option
Originally staff understood it would take legislative action to make any changes. It was believed that to extend an "air lease" option to sidewalks that Caltrans currently uses for parks and roadways would require a legislative change. This would be a lengthy process that would take more than a year to accomplish with the help of both of Calistoga's State-elected officials, city staff, city council, and Caltrans to lead and carry this through the state legislative process.
After consultation with District Branch Chief Bozionelos, he believes there is no need for a legislative change as the proposal is not in conflict with any state law or policy. Since there is no expressed prohibition to prevent Caltrans from contracting with the city to manage the sidewalks, and since the city currently has agreements with Caltrans that allow the city to issue encroachment permits to perform general maintenance, Branch Chief Bozionelos believes that a non-legislative approach involving support from our state legislators advocating for Caltrans to enter into an agreement with the city to manage the sidewalks and relieve Caltrans of the management burden is a viable solution. See "Lease Option."
Ownership Option
Questions have been asked about the city taking ownership in fee title and therefore full responsibility of the sidewalks. This has been done in St. Helena.
The ownership option provides the city control of all aspects of the sidewalks. This includes regulating and enforcing uses as well as the financial liability of maintaining and repairing the sidewalks and the liability for potential trip and fall hazards.
The condition of Lincoln Avenue sidewalks varies widely from some areas needing immediate repair or replacement to being in good condition (see attached photos). An assessment of the total sidewalk condition was not conducted as it would require a substantial investment to engage an engineer and could not be accomplished in a timely manner. To give an anecdotal example of potential costs to repair and replace portions of a sidewalk, the City of St. Helena is paying approximately $2.5 million dollars for the design and construction cost to repair 650 linear feet of sidewalk on Main Street between Pine Street and Adams Street (one block). This project consists of resetting pavers, new trees, new curb/gutters, and similar work. This cost equates to approximately $4,000 per linear foot of the sidewalk. The reason for St. Helena's project was to repair and reset pavers contributing to an uneven sidewalk and creating a pedestrian hazard. Applying this dollar amount to the approximately 3,315 linear feet of sidewalk between Foothill and Brannon Street would equate to $13,260,000 ($13.2M) to do similar work in Calistoga.
Taking on the current conditions of the Lincoln Avenue sidewalk is likely to require some immediate repairs or replacement of portions of the sidewalk to address potential trip and fall issues (see attached photos). Routine maintenance would also be added to Public Works duties. The repairs and replacement of the Lincoln Avenue sidewalk would most likely be complicated by infrastructure located under the sidewalk such as PG&E utility lines, sewer laterals, and other utilities that feed the individual businesses.
For any and all sidewalk work, all general law cities rely on the Street Highway Code (SHC) that requires the adjacent property owner to take on maintenance, repair, and liability costs. (See attached California Legislative text on Streets and Highway Code Division 7 Part 3 Chapter 3 Item #8.4.
Maintenance of Sidewalks Article 2 Repairs Sections 5600 - 5618). Staff would expect significant opposition to this responsibility from local businesses and property owners. If the city council (current or future) is unwilling to impose the financial requirements on the property owners, there is currently no other dedicated funding source and, like St. Helena did, the city would have to take on this financial burden and take funding from the General Fund.
Status Quo Option
A third option would be to continue the status quo. The city would continue to maintain its existing control of signage attached to buildings and some types of encroachment permits, generally for underground utility repairs and building maintenance that require such permits, such as scaffolding.
Peer pressure, staff requests, and voluntary help from the Chamber of Commerce could be utilized to achieve the "look and feel" of the downtown that the community wishes to see. Caltrans would continue to have the legal authority to address many complaints.
Lease Option
Staff met with representatives from Senator Dodd's office, Assemblywoman Curry's office, and Caltrans to explore the possibility of a lease agreement with Caltrans that would offer the city the ability to regulate and enforce uses and furnishings on the sidewalks within Caltrans' right of way.
Should the city be able to lease the sidewalk, or portions of the sidewalk, the city would look to create and implement a program where businesses can, through a Conditional Use Permit (CUP) process, establish certain uses on the Lincoln Avenue sidewalks. The city's ability to establish and implement a CUP process would ensure the appropriate paths of travel are retained, address complaints and safety issues, apply the municipal code to the Lincoln Avenue sidewalks, and support Lincoln Avenue businesses through consistent regulations and enforcement.
Currently, Caltrans has an "air lease" program for parks and roadway right-of-way. We are told it has not been used for sidewalks in any jurisdiction. It is this program that we would ask Caltrans to use for negotiating a lease for the Lincoln Avenue sidewalks. It is unknown how the lease rate would be established or if the city could subsequently recover costs from businesses wishing to use the space. Therefore, there is still much to consider regarding the specifics and there may be a need to return again to the city council for additional direction in the future. However, if successful, Calistoga would be a leader in establishing such a process.
To achieve this, staff would still need to engage with our state elected officials to urge Caltrans to make time to negotiate an agreement to allow the city to manage the Lincoln Avenue sidewalks. It will take staff time from multiple departments and city attorney time for which we will not be reimbursed.
Recommended Option
City staff recommends the limited lease agreement that addresses the city council's interest in local control including the ability to regulate and conduct code enforcement activities in the Lincoln Avenue/Hwy 29 sidewalk right-of-way with the least possibly amount of risk and cost exposure to the city.
FINANCIAL IMPACT:
Staff time, potentially considerable staff time, may be necessary depending on the direction received from the City Council. Should the city council direct staff to continue work on a lease option, both staff and city attorney time will be necessary. The project is not expressly budgeted. In addition, should the city have increased control of the sidewalks, significant staff and city attorney time may Item #8.4.
be necessary to work with local businesses on their use of the sidewalks (including creating formal agreements) and conduct code enforcement activities.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
Lincoln Avenue Sidewalk Pictures 112124
California Street and Highway Code 5600 tol 5618
Lincoln Avenue Sidewalk Report 120324 (002)
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 26 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 26 2024 Item #8.4.
LINCOLN
AVENUE
SIDEWALK
Conditions
Item #8.4.
LINCOLN
AVENUE
SIDEWALK
Code Enforcement
Examples
Item #8.4.
Wm
LEGISLATIVE INFORMATION
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EPA
STREETS AND HIGHWAYSCODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] (Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMINGTHE WORK [5100 - 5954] (Part 3 added by Stats. 1941, Ch. 79.) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] (Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 2. Repairs [5610 - 5618] (Article 2 added by Stats. 1941, Ch. 79. ) relation thereto.
(Added by Stats. 1941, Ch. 79.)
The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in §610.
When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. (Added by Stats. 1941, Ch. 79.}
Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Added by Stats. 1941, Ch. 79.)
The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614.
(Amended by Stats. 1969, Ch. 211.)
§613.
The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. (Amended by Stats. 1953, Ch. 798.)
§614yl
Item #8.4.
The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
(Amended by Stats. 1968, Ch. 986.)
If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted.
(Amended by Stats. 1963, Ch. 648.)
Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. (Amended by Stats. 1967, Ch. 615.)
Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Added by Stats. 1941, Ch. 79.)
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. (Added by Stats. 1941, Ch. 79.)
Item #8.4.
1 Lincoln Avenue/Hwy 29
Sidewalks
City Council Meeting
December 3, 2024
Item #8.4.
2 Current Status
• Lincoln Avenue is a State Highway
• Caltrans has sole ownership and
responsibility from building face to building
face
• Caltrans does not allow any commercial
activities or any use on their sidewalks
• City has no authority to apply or enforce our
municipal code on the sidewalks; limited
authority for signage and encroachment
permits
Item #8.4.
3 Options
• Legislative Option • Ownership • Status Quo • Lease Agreement Item #8.4.
4 Legislative Option
• No conflict with state law or policy to prohibit
Caltrans to enter into a lease agreement.
• Legislative option is more than a year process
• Can pursue a non-legislative solution
Item #8.4.
5 Ownership Option
• City would assume responsibility for all aspects of
the sidewalk to include:
• Repair and Maintenance – $$$$$
• ADA compliance – $$$
• Liability for potential trip and fall issues – $?$?$?$ • Ability to regulate, enforce violations, and address
complaints – $
Item #8.4.
6 Status Quo
• Refer complaints to Caltrans
• Rely on persuasion related to the “look and feel”
of downtown
Item #8.4.
7 Lease Agreement Option
• Limited lease agreement to allow:
• Application of the Municipal Code
• Regulate and manage activities on the sidewalk
• Enforce code enforcement violations
• Regulate activities through a Conditional Use
Permit (CUP)
Item #8.4.
8 Recommended Action
Pursue the Lease Agreement option
Item #8.4.
City of Calistoga Sidewalk Trip Hazard Repair Program
October 201 1
1. Pumose.The sidewalk system is a vital component of the city’s infrastructure.
Sidewalks serve as pedestrian highways and are used for trips to schools, stores, bus stops, and parks. They are in themselves a recreational facility, used for leisurely walks and exercise runs.
Walking reduces congestion and pollution, and promotes friendly neighborhoods and healthy lifestyles. Calistoga7s sidewalk trip hazard repair program is intended to minimize potential trip hazards caused by cracked and damaged sidewalks. This process aids in preventing accidents, such as trip and fall incidents. This program also insures that the City’s sidewalks are open and accessible to all persons. The purpose ofthis document is to establish a policy and procedures to insure the execution of sidewalk trip hazard inspection and repairs.
2. Scope. This program is applicable to all areas with existing sidewalks in the public rightof-way within the City of Calistoga incorporated boundaries and will apply to other sidewalks in the public right-of—waythat may be built. It includes those responsibilities and procedures necessary to adequately inspect and repair sidewalk trip hazards.
3. References.
3.1. Codes, Regulations. The California Streets and Highway Code 5610 et seq. and the City ofCalistoga Municipal Code (CMC) Chapter 12.10.020 require that owners oflots or portions of lots fronting on any portion of a public street shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and will not interfere with the public’s use ofthose areas.
3.2. Standards. The City of Santa Rosa Design and Construction Standards, adopted by the City of Calistoga, provide the requirements for construction and repair of new and replacement sidewalks.
4. De?nitions.
4.]. Trip l-lazards. Sidewalks with a crack, fracture, hole, gap, or other break resulting in:
0 Vertical displacements between adjacent portions of the sidewalk greater than 1/2 ofan inch;
0 Horizontal joints with a gap greater than 3/4 of an inch; I Other defects such as holes deeper than 1/2 of an inch and settlement or displacement resulting in slopes greater that 20%; and/or with standing water deeper than 3/4 ofan inch may also be considered a trip hazard.
4.2. Categorization 0f Sidewalk Trip Hazards.
4.2.1 Minor Trip Hazards are those with a vertical displacement ofless than
1.75 inches.
Calistoga Trip Hazard Repair Program Attachment "D" Page 1 of3 Item #8.4.