and shelling; and alcohol fuel production. Any of the above activities performed in the field with mobile equipment not involving permanent buildings are included under "agricultural crop production." It includes related accessory uses such as offices, laboratories, retail sales of agricultural products produced on the premises or off-site by the operator, retail sales of agriculture-related promotional and/or educational items, and facility tours. Does not include "wineries," "commercial cannabis activity," "commercial cannabis activity," "cannabis cultivation," or sorting and packing activities conducted within a permitted roadside stand. (D2) "Airport or heliport" means an area of land, water or a structural surface that is used for the landing and takeoff of airplanes and/or helicopters, and any appurtenant areas or buildings that are used for maintenance, servicing, or storing of aircraft, and for services provided to pilots or passengers. (K1) "Ambulance service" means the provision by a licensed ambulance provider of ground transportation of a sick or injured person in a specially designed and equipped vehicle which includes a trained ambulance attendant who is licensed or certified as required by state law. (J1) "Animal raising" means the care and breeding of domestic agricultural animals such as chickens and other fowl, horses, goats, or cows. (D3)
"Art school." See School, charter, trade, vocational, art, business, or professional. (C13) "Artisan food and beverage production and sales" means small scale production and/or preparation of food and/or beverages made on site with minimal automated processes involved and may include direct sales to consumers and product tasting. This definition includes uses such as small batch food producers and bakeries, small batch candy shops, cheese makers, and herbal remedies. The definition does not include production of beer, wine, or other alcoholic beverages. (B1)
"Assembly, place of." See Club, lodge, or private meeting hall (C3) or Religious institution or facility. (C10) "Assisted living, skilled nursing, or hospice facility" means a residential complex providing skilled nursing care on an intermittent, extended, or continuous basis to residents, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, and meals can also be provided in a central location. (1) (H1)
"Athletic complex or ball field" means a field, outdoor court, outdoor swimming pool, stadium or group of these used for sporting activities such as baseball, softball, football, basketball, swimming, or other sports, and is not operated as a commercial enterprise. (G1)
"Auction or sales house" means a fully enclosed establishment where items are offered for sale through competitive bidding. It does not include foreclosure, real estate or personal property sales conducted upon the site of the estate, foreclosed or for sale property or property belonging to the personal property owner. It does not include "swap meet or flea market" or "auction or sales yard." (I2) "Auction or sales yard" means an outdoor or open air facility where items are offered for sale through competitive bidding. Items typically include motor vehicles, heavy equipment, items of an industrial nature, livestock, or items not normally found within retail stores. It does not include "swap meet or flea market." It may also have an indoor component similar to an auction or sales house. (I3) "Auditorium" means a large room or building used for public gatherings typically open to the general public to watch and/or listen to a performance, speech, or concert. It does not include "theater, live or movie." (C1) "Automated teller machine (ATM)" means a computer terminal that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals, from remote locations. (A1)
"Ball field." See Athletic complex or ball field. (G1)
"Bank or credit union, main branch" means an institution providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, loan services, or merchant banking Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
services. This use excludes a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money see Office, professional or commercial. (J2)
"Bar, nightclub, or lounge" means an establishment that provides alcoholic beverages for consumption on the site and may or may not provide food service, and that may provide live entertainment and/or dancing. This use typically requires an ABC Type 40, 42, 48, 60, or 61 license. (B2) "Barbershop, hair salon, nail care, massage therapy, or day spa" means an establishment that provides personal care treatments or massage therapy of hair, skin, nails, and/or face where overnight accommodations are not provided. This use includes the application of permanent facial makeup, but does not include other forms of tattooing or body art application. (J3)
"Bed and breakfast inn" means a transient lodging establishment that is predominantly residential in character, is primarily engaged in providing overnight or otherwise temporary lodging for the general public, and where a breakfast meal is customarily included in the lodging rate. Alcoholic beverages served to overnight guests typically requires an ABC Type 67 license. (2) (H2)
"Boarding house or rooming house" means a building containing a single dwelling unit and provisions for five or more guests, where lodging is provided with or without meals for compensation. This definition does not include assisted living, skilled nursing, or hospice facility, bed and breakfast inn, or residential care facility. (3) (H3) "Boat, recreational vehicle (RV), and truck sales" means an open area or building, other than a street, used for the display, sale, or rental of new or used boats, campers, camper trailers, recreational vehicles, trucks over one-ton class, and other vehicles or sporting equipment of similar size, and where no repair work is done except minor incidental repairs and servicing of vehicles and equipment to be displayed, sold or rented on the premises. (I6)
"Brewery, winery, or distillery" is an establishment that manufactures beer, wine, distilled spirits or similar alcoholic beverages, including processing, storage, aging, packaging, bottling, and shipping. Consumption can occur on or off the site in accordance with the establishment's ABC license restrictions and can include tasting facilities and/or a restaurant. This use typically requires an ABC Type 01, 02, 03, or 04 license. (D4) "Brewpub" means a restaurant that also brews limited amounts of beer (less than five thousand barrels) for consumption on the site. This use typically requires an ABC Type 75 license. (B3) "Building materials and supply or home improvement store" means an establishment selling a mix of lumber, building materials, tools, residential appliances, nursery items, and home furnishings. (I7) "Bus, transit, or train station" means a terminal facility where transit vehicles load or unload passengers, along with supporting services such as ticket sales and waiting areas. Bus, transit, or train station does not include a transit stop along a route in the public right-of-way where no additional services are provided. (K2) "Business school." See School, charter, trade, vocational, art, business, or professional. (C13) "Business support service" means an establishment providing primarily other businesses with a mix of services that can include word processing, desktop publishing, spreadsheet design, telephone answering, mail receiving and forwarding, packing and shipping, bookkeeping, and photocopying, and can include indoor storage rental, and/or small office space rental when provided with these services. (E1) "Call center" means an office used primarily for receiving or transmitting a large volume of requests by telephone to administer product support or information inquiries from consumers or to conduct telemarketing, solicitation of charitable or political donations, debt collection, or market research. (E2) "Cannabis cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose. (50) (51) (L1) (L2)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Cannabis delivery" shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of cannabis or cannabis products from a dispensary as well as the use of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the state of California under the MCRSA or AUMA that enables anyone to arrange for a commercial transfer, up to an amount determined to be authorized by the state of California, or any of its departments or divisions, to anyone for any purpose. (52) (L3)
"Cannabis dispensary" means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale. (58) (L9) "Cannabis distribution" means the wholesale procurement, and sale, of cannabis or cannabis products between entities licensed pursuant to MCRSA, AUMA and any subsequent state of California legislation regarding the same. (53) (L4)
"Cannabis laboratory testing" means offering or performing testing and/or activities relating to evaluation of, or assessing the quality and/or characteristics of, cannabis or cannabis products; carried out by any entity, accredited and licensed by the state of California, bureau of marijuana control, or otherwise accredited by any other independent accrediting body, within a facility or at any other location. (54) (L5) "Cannabis manufacturing" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. (55) (L6) "Cannabis product" means a product containing medical cannabis, including, but not limited to, manufactured cannabis, - intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Marijuana Act. For purposes of this title, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. "Cannabis transporting" means the conveyance by a person, issued a state license authorizing the point-topoint movement of cannabis or cannabis products, in amounts authorized by the state of California, or by one of its departments or divisions under the MCRSA and/or AUMA. (60) (L11) "Car wash, automatic or full service" means a facility for washing vehicles using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by equipment, the facility's employees, or both. (J4)
"Car wash, self-service" means a facility for washing vehicles where the user of the vehicle uses handheld equipment, typically coin-operated, to wash the vehicle. (J5) "Card room" means an establishment providing legal gambling combine with card games, and can include a restaurant, bar, or other ancillary entertainment. (C2) "Caretaker residence or quarters" is a residence that is accessory to a primary use of the site, for housing a persons or persons who are tasked with caring for or securing the site on a part-time or full-time basis. Second dwelling unit includes caretaker residence or quarters in residential zones. (A2) "Carnival or circus" means a temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games. Carnival or circus does not include a nonprofit event sponsored by a local school or religious institution. (C4) Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Carpet cleaning and dyeing" means an establishment that provides for the cleaning and dyeing of rugs, carpet, and upholstery. (J6)
"Cemetery" means land and facilities used or intended to be used for the burial or interment of the dead, and includes a columbarium, crematorium, mausoleum and/or mortuary when operated in conjunction with and within the boundary of the facility. (F1)
"Charter school." See School, charter, trade, vocational, art, business, or professional. (C13) "Check cashing establishment." See Payday lender or checking cashing establishment. (J20) "Child care center." See Daycare center. (L16)
"Club, lodge, or private meeting hall" means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C3) "Cold storage or ice house" means a facility for the storage food or other items in an artificially cooled place for the purpose of preservation, and/or for producing large amounts of ice. (K3) "College or university, private or public" means a school or group of schools that provides post- secondary education usually resulting in a degree. (C5)
"Clinic, medical." See Urgent care center or other walk-in clinic. (E9) "Commercial recreation facility, indoor" means indoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include indoor uses such as, but are not limited to, a bowling alley, bounce house, skating rink, batting cage, miniature golf, swimming pool, climbing wall, arcade, and similar uses. Food and beverage service can be provided as an ancillary use. (G2) "Commercial recreation facility, outdoor" means outdoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include outdoor uses such as, but are not limited to, a batting cage, miniature golf, water slide, go-cart racing, and similar uses. Food and beverage service can be provided as an ancillary use. (G3) "Communications equipment building." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Community center or facility" means an assembly building used typically for non-profit social, recreational, and cultural activities. (61) (F2)
"Community garden" means an area of land managed and maintained by an individual or group to grow and harvest food and horticultural products for personal or group consumption. The garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. (F3)
"Construction materials recycling" means a yard or facility that collects leftover construction materials that may be recycled or reused as an alternative to disposal in landfill site. Examples of construction materials include lumber, drywall, masonry, cabinets, metals and appliances, cardboard and paper, asphalt roofing, plastic and vinyl, doors and windows, tubs, sinks, and toilets. (J7)
"Convenience store, with or without fuel sales" means an establishment with extended operating hours and in a convenient location, stocking a limited range of household goods and groceries. Retail fuel sales may or may not also be provided. (I8)
"Convention or conference center" means facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. Convention or conference center does not include conference rooms that may be an ancillary use in a hotel and motel. (C6)
"Copy, printing, or mailing service" means an establishment providing printing, photocopying, engraving, binding, packaging, mailing and related services to both businesses and individuals. (J8) "Cottage food operation" means a home-based business involving the preparation and/or packaging of certain foods in private-home kitchens for sale primarily by the resident family. (A3) "Crematorium" is a structure or building substantially exposed above ground intended to be used for the cremation and/or interment of the cremated remains of a deceased person or animal. (J9) "Daycare facility" means a facility providing supervision, feeding and nonmedical care of persons, usually but not necessarily children, for a time period of less than twenty-four hours. Daycare facilities are further divided into the following categories:
"Daycare, adult large family" means a facility licensed by the state of California that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for up to twelve adults over the age of eighteen for periods of less than twenty-four hours a day. (63) (L13) "Daycare, adult small family" means a facility licensed by the state of California that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for up to six adults over the age of eighteen for periods of less than twenty-four hours a day. (62) (L12) "Daycare, large family" means regularly provided care, protection, and supervision of children, in the caregiver's own home, for periods of less than twenty-four hours per day, while the parents or authorized representatives are away for seven to fourteen children. (65) (L15) "Daycare, small family" means regularly provided care, protection, and supervision of children, in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or authorized representatives are away for up to eight children. (64) (L14) "Daycare center" means any adult or child care facility of any capacity, other than a family care home, in which less than twenty-four-hour per day nonmedical care and supervision are provided in a group setting. This classification includes nursery schools, preschools, and daycare facilities for children or adults, and any other daycare facility licensed by the state of California. (66) (A4) (L16) "Day spa." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "Drive-thru pick-up window" means the ancillary use of a window or other opening in the wall of building through which goods, or services are provided directly to customers in motor vehicles. (A5) (A6) "Dry cleaning or laundromat" means an establishment providing laundry, dry cleaning, and other related services for individual customers on a pick-up and drop-off basis or where with coin- operated washing and drying machines are available for customer use. (J10)
"Duplex." See Multi-family dwelling. (11) (12) (13) (H9) (H10) (H11) "Dwelling, accessory." See Accessory dwelling. (30)
"Dwelling, multiple-family." See Multi-family dwelling. (11) (12) (13) (H9) (H10) (H11) "Dwelling, single-family." See Single-family dwelling. (17) (18) (H16) (H17) "Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank" means the assembly of above-ground buildings or equipment on a separate lot that is part of a system for the distribution or transmission of electric power, Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
natural gas, domestic water, or communications. Wireless communication facilities are not included in this definition. (F4)
"Electric vehicle recharging facility" means one or more publicly available parking spaces served by electric vehicle service equipment and is typically an ancillary use in a parking garage or parking lot. (A7) "Elevated pressure tank." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Emergency shelter" means a facility providing housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less where housing is not denied because of an inability to pay. Such a facility must include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. (4) (H4) "Employee housing" means property used temporarily or seasonally (not more than one hundred eighty days in any calendar year) for the residential use of unrelated persons/families employed to perform agricultural or industrial labor either on or off site of agricultural activities. The accommodations may consist of any living quarters, dwelling, boarding house, tent (only temporary occupancy), bunkhouse (only temporary occupancy), mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations maintained in one or more buildings, or one or more sites, and the premises upon which they are situated, including area set aside for parking of mobilehomes or camping of employees by the employer. Employee housing may also involve permanent residency if the housing accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle pursuant to Health and Safety Code Section 17021.5. Specifically, there are two types of employee housing as follows:
1. Employee Housing, Large: Employee housing that serves more than six employees and consists of no more than thirty-six beds in group quarters or twelve units or spaces designed for use by a single family or household. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes.
2. Employee Housing, Small: Employee housing that serves six or fewer employees. (5) (H5) "Equipment rental yard" means an establishment offering a wide variety of large equipment or tools for rent, much of which is stored outdoors when not being used. (J11) "Exterminator or pest control service" means an establishment specializing in the elimination of vermin, insects, or other similar pests from a building or grounds, especially by the controlled application of toxic chemicals. (J12)
"Fairgrounds" means an area with indoor and outdoor facilities where fairs, circuses, or exhibitions are held. (F5)
"Farmers market" means a facility or area where several farmers or growers gather on a periodic basis to provide fresh fruits, vegetables, or other locally-grown agricultural products directly to consumers. (I10) "Feed and seed store" means an establishment that provides feed, seed, and animal and agricultural supplies primarily in bulk quantities. (I11)
"Food catering" means an establishment that prepares and delivers food and beverages for off- site consumption, typically at a special event, without provision for on-site pickup or consumption. (J13) "Food locker" means an establishment that rents lockers, compartments, or space for the storage of frozen food. A food locker may also include the preparation or dressing of animal carcasses for consumption but does not include the slaughtering of animals. (K4)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Food market" means an establishment that provides a wide variety of fresh produce and meat, canned and packaged food items, small household goods, and similar items that are typically consumed and used off premises.
It can also contain a section where prepared foods are sold and consumed on site. (I12) "Food produce stand" means an area or building set aside for the sale of agricultural produce that is grown primarily on the site. (I13)
"Fortune telling" means an establishment where people's fortunes are predicted through the use of astrology, card reading, numerology, etc. (J14)
"Fuel distributing" means a facility that is a base of operations for the bulk distribution of gasoline, propane, butane, or other another site. (J15)
"Fuel sales, fleet, or cardlock" means an establishment that is typically unattended and provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels mainly for commercial fleet vehicles. (I14) "Fuel sales, retail" means an establishment that provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels directly to consumers. (I15)
"Funeral home or mortuary" means an establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. It can include an area where funeral vehicles are stored, and caskets and other funeral supplies are sold. (C7)
"Games of skill or amusement" means machines, devices or apparatus, the operation or use of which is made possible by the deposit or placement of any currency, plate, disc, slug or key into any slot or crevice, for the purpose or use as a game or amusement. This use does not include games, machines, or devices used for a purpose that is prohibited by law. (A9) (A10)
"Garden shop" means an establishment that provides live plants and related products mainly to residential consumers, with a portion of the establishment typically located outdoors. (I16) "Gas regulator station." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Gas station." See Fuel sales, retail. (I15)
"Golf course or country club" means one or more golf courses, with accessory facilities and uses that can include clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for onsite sales of golfing equipment; and golf cart storage and sales facilities. (G4) "Government office; local, state, or federal" means a facility owned or operated by a local, state, or federal government that provides services to the public such as employment assistance, public assistance, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people waiting for service, whether pedestrian or vehicular. This use does not include a government-owned facility that is more specifically defined in this chapter, such as fairgrounds, cemetery, post office, or public safety facility. (F9)
"Guest house" means an accessory building not intended for permanent occupancy which does not have separate cooking facilities from the primary residence living quarters without a kitchen, located on the same premises with a main residence. (34)
"Hair salon." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "Hazardous waste facility" means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (See Health and Safety Code Section 25117.1.) (D5)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Health or fitness facility, large" means a fitness center, gymnasium, health club or athletic club that typically charges a membership fee and includes any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G5)
"Health or fitness facility, small" means a fitness center, health club or athletic club that typically charges a membership fee and does not include any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G6)
"Heliport." See Airport or heliport. (K1)
"Home occupation" means a commercial business activity conducted as an accessory use within a residence. (A11)
"Hospital, general or psychiatric" means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors. (E5)
"Hotel or motel" means a building or group of buildings in one complex consisting of multiple guest rooms intended or designed to be occupied on a temporary basis, and typically providing ancillary services such as a restaurant, lounge, pool or exercise room, meeting rooms, and/or other personal services. Alcoholic beverages served to overnight guests outside of a restaurant or bar/lounge typically requires an ABC Type 70 license. (7) (H6) "Industrial or manufacturing facility, heavy" means a facility that manufactures products from extracted or raw materials or recycled or secondary materials, or the bulk storage and handling of such products and materials.
This use includes operations such as biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. This use does not include agricultural products processing. (D6) "Industrial or manufacturing facility, light" means a facility that manufactures products from previously prepared materials completely within an enclosed building, and that produces minimal impacts on nearby properties. This use includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign production or manufacturing; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. The use also includes the preparation and/or packaging of food for off-site consumption. (D7)
"Junkyard, wrecking yard, or salvage facility" means a facility that accepts, collects, and stores junk, scrap, or salvable material, including junk metals or other scrap materials, and/or that stores, dismantles, wrecks, or allows parts removal of more than three non-operating vehicles, or machinery for a period of more than thirty days. (K5) "Keeping of household pets" means the keeping, raising, and caring for domesticated animals that are not considered domestic agricultural animals by the definition of animal raising, and typically including dogs, cats, birds, fish or other similar sized animals. Also, see Animal raising. (A12) "Kennel or animal boarding" means any facility where four or more dogs, cats, or other small animals are kept overnight for profit, breeding, care, or exhibiting. This use does not include a pet store. (J16) "Laboratory, general, medical, or dental" means a facility that conducts scientific or medical experiments, research, or teaching, typically within a completely enclosed building. (E4) "Landscape nursery" means a facility that grows, maintains, and provides trees, plants, and other nursery products for transplant in another location typically to both retailer and wholesale customers. (I17) "Large family daycare." See Daycare, large family. (L4) Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Library, museum, or cultural facility" means a facility operated entirely on a public or nonprofit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. (C8) "Linen, diaper or uniform supply service" means an establishment providing high volume laundry and garment services, including power laundries (family and commercial), garment pressing and dry cleaning, linen supply, diaper service, and industrial laundries. This use does not include dry cleaning or laundromat. (J17) "Liquor store" means an establishment that provides for the sale of alcoholic beverages such as beer, wine, and/or distilled spirits for consumption off the site, along with other retail items. This use typically requires an ABC Type 20 or 21 license. Limited consumption on the site can occur only when the appropriate ABC license is obtained, typically an ABC Type 86 license. (I18)
"Live/work facility" means a building that combines a complete dwelling unit with a commercial or office work space, with both occupancies used by the same person or family. (H7) "Lodge." See Club, lodge, or private meeting hall (C3)
"Lounge." See Bar, nightclub, or lounge. (B2)
“Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (H21) "Lumberyard." See Building materials and supply or home improvement store. (I7) "Manufactured home" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (8) "Manufactured home sales yard" means an establishment that stores and provides manufactured homes, typically in an open setting with a sales office. (I19) "Massage therapy." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "Meat packing or slaughterhouse" means a facility used for the killing or dressing of animals, including cattle, sheep, swine, goats, horses, or poultry, and the storage, freezing, curing, or packaging of meat or meat products. (D8)
"Meat packing or slaughterhouse" means a facility that slaughters animals and/or packages animal meat for food. (D8)
"Microbrewery" means an establishment that produces small batches of beer for sale on or off of the site and may or may not include food service. Typically, a microbrewery produces fewer than fifteen thousand barrels of beer or ale per year. This use typically requires an ABC Type 23 license. (B4) "Mining, quarry, or sand and gravel excavation" means an area of land where rock, ore, stone and similar materials are excavated and processed for sale for use off-site. (D9) "Mini-warehouse or self-storage facility" means an establishment providing rental space, such as rooms, lockers, or containers for the storage of goods and materials, typically on a monthly basis. This use does not include Food locker or Warehouse or distribution center. (K6) "Mobilehome" means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (9)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Mobilehome park" means an area of land where two or more mobilehome sites are rented or leased, or offered for rent or lease, to accommodate mobilehomes or manufactured homes used as a residence. (10) (H8) "Mobile food vendor" means any motorized vehicle, motorized cart, trailer pulled by a motorized vehicle, or any motorized conveyance from which food is peddled or sold for sale. (A13) "Motel." See Hotel or motel. (H6)
"Motor vehicle repair or service, major" means an establishment that provides major repair or servicing of motor vehicles, such as body, chassis, engine, transmission, or exhaust repair or modification. (J18) "Motor vehicle repair or service, minor" means an establishment that provides minor repair or servicing of motor vehicles, such as the replacement of tires or batteries, smog inspection, window tinting, car stereo installation, oil and filter change, wheel alignment, and fluid flushing, refill, or replacement. This could also include:
outboard or marine-use equipment, off-road equipment, or equipment that is classified under one thousand two hundred cubic centimeters. (J19)
"Multi-family dwelling" means a building or group of buildings in one complex with multiple separate housing units. A multi-family dwelling can have two units (a duplex,) three units (a triplex,) four units (a fourplex,) or five or more units. Multi-family dwelling includes a mixed use building that also provides separate space for commercial or office use, but does not include an attached single-family dwelling. (10) (11) (12) (H9) (H10) (H11) "Nail care." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "News, magazine, or flower stand, outdoor" means an establishment that provides newspapers, magazines, flowers, or other similar goods, typically to pedestrians passing by, in a permanent structure open to the outdoors.
This use does not include sales from temporary booths or structures. (I20) "Nightclub." See Bar, nightclub, or lounge. (B2)
"Office; medical, dental, or optometry" means an establishment that provides services, typically by appointment, dealing with human health including dental, chiropractic, medical, optometry, physical therapy, psychology, psychiatry, family counseling, or therapy. This use does not include barbershop, hair salon, nail care, massage therapy, or day spa. (E6)
"Offices, professional or commercial" means an establishment that provides administrative, clerical, technical, professional or similar business services and typically where products or goods are not provided.
Examples include escrow and title, insurance, mortgage, real estate, accounting, architecture, graphic design, finance, consulting, engineering, legal, and similar services. (E7) "Optical retailer" means an establishment that provides prescription eyeglasses and contact lenses, and where optometry services are not provided on the site. Prescription eyeglasses and contact lenses may be made on the premises. (I24)
"Outdoor advertising structure" means a structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which a sign may be placed that advertises a use, product, or service that is not provided off-site. (A14)
"Outdoor storage" means the storage of goods or materials outside of any building or structure, but not including storage of a temporary or emergency nature. (A15) "Park or playground" means an open area typically landscaped and containing play equipment that provides rest and recreation, usually owned by a public agency or homeowner's association. (69) (G7) "Parking facility, off-site" means an area, lot, or structure with one or more levels, other than a street or other public right-of-way, that provides for the parking of motor vehicles as a primary use on the site. This use does not include parking areas or lots that are ancillary and specifically intended to provide parking for the primary use on the site. (K7)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Pawn shop" means an establishment that provides secured loans to customers, with items of personal property used as collateral. (I21)
"Payday lender or check cashing establishment" is an establishment that cashes checks, warrants, or money orders for a fee, and/or provides shortterm loans, usually at a high interest rate, that must be paid in full when the borrower receives their next paycheck. This use does not include bank or credit union. (J20) "Pet grooming" is a personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This use does not include kennel or animal boarding. (J21) "Pet store" means an establishment where dogs, cats, or other small animals are kept and offered for sale. (I22)
"Pharmacy" means an establishment that provides prescription drugs under the supervision of a pharmacist and can also provide other retail products. (E8)
"Photography studio" means an establishment where customers can have their portraits taken professionally. (J22)
"Pool hall or billiard parlor" means an establishment where pool and/or billiard games are played for a fee. (C9)
"Post office" means a facility that accepts, processes, and sorts mail, operated by the United States Postal Service. (F7)
"Private meeting hall." See Club, lodge, or private meeting hall (C3) "Produce stand." See Food produce stand. (I13)
"Professional school." See School, charter, trade, vocational, art, business, or professional. (C13) "Public corporation yard, utility yard, or vehicle and heavy equipment maintenance and storage yard" means a facility that provides for maintenance, servicing, or storage of fleet vehicles, equipment, or supplies, or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, government service, or similar activity. (F8) "Public safety facility or station" means a facility that is a base for providing public safety and emergency services, including police, fire protection and emergency services. This use does not include ambulance service. (F9)
"Public service pumping station." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Recreational vehicle park" means a lot or area of land where two or more spaces are rented to users of recreational vehicles for overnight parking and use, and that typically provide support services, such as utility hookups and sewer dump facilities. (14) (H12)
"Recycling, large collection facility" means a facility located in an area of over five hundred square feet that accepts recyclable materials from the public by donation, redemption, or purchase for temporary storage and transport to a processing and sorting facility. (J24)
"Recycling, processing or sorting facility" means a facility used for the collection, processing and preparation of recyclable material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. (J25)
"Recycling, small collection facility" means facility located in an area of not more than five hundred square feet that provides for the redemption of California CRV redeemable beverage containers by means of a kiosk, container, mobile unit, reverse vending machine or other collection method. (J24) Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Religious institution or facility" means a facility used primarily to gather for religious worship and related religious activities. (70) (C10)
"Repair shop, large appliance or equipment" means an establishment that restores or repairs major appliances or equipment that generally cannot be easily moved by a single person and is typically placed on the floor. This use typically provides all of its service on-site and includes repair of large, motorized equipment that are not vehicles including, but not limited to, outboard or marine-use equipment, off-road equipment, or equipment that is classified under one thousand two hundred cubic centimeters. (J26) "Repair shop, small appliance or equipment" means an establishment that restores or repairs small appliances or equipment that generally can be moved by one person and is typically repaired on a table or work bench. This use typically provides all of its service on-site, and includes services such as gunsmithing, lawnmower repair, and home computer repair. (J27)
"Research and development facility" means a facility that is primarily used for the research, design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of products. (D10)
"Residential care facility" means a single-family dwelling, group care facility, or similar facility licensed by the state of California for twenty-four-hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. (15) (16) (H13) (H14)
"Residential dwelling located in the same building with office or commercial use" means a building that contains a mix of both residential dwelling units and space used for commercial or office uses. (H15) "Restaurant, full service" means an establishment providing preparation and sale of a variety of food and beverages with full table service by wait staff. Takeout or delivery service and/or live entertainment may also be provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B5) (B6) (B7) "Restaurant, limited service with drive-thru pickup window" means an establishment providing preparation and sale of a variety of food and beverages for consumption on or off the site by ordering and paying at a counter or drive-thru window. Delivery service and/or live entertainment may also be provided. (B8) (B9) "Restaurant, limited service without drive-thru pickup window" means an establishment providing preparation and sale of a variety of food and beverages by ordering and paying at a counter. Takeout or delivery service and/or live entertainment may also be provided. Drive-thru pickup windows are not provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B10) "Retail sales solely via internet, direct mail, or telephone" means an establishment providing retail products for sale and delivery only via internet, direct mail, or telephone communication, with a floor space for storage of products of less than five thousand square feet. This use does not include a call center or a warehouse or distribution center. If alcoholic beverages are sold, this use typically requires an ABC Type 85 license. (I24) "Retail sales store" means an establishment providing retail products. This use includes all retail sales establishments that are not more specifically defined in this chapter. (I23) "Rooming house." See Boarding house or rooming house. (3) (H3) "School, charter, trade, vocational, business, or professional" means a facility that is operated either with public funds under a charter contract or with private funds, and that offers specific educational instruction to children and/or adults. This use includes charter schools, secretarial schools, beauty and cosmetology schools, modeling schools, language schools, computer or electronics training schools, arts schools, and automotive repair schools, and similar specialized schools. (C13)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"School, private (kindergarten to 12th grade)" means a facility owned and/or operated by a private entity that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include home schooling at a residence. (72) (C11) "School, public (kindergarten to 12th grade)" means a facility owned and/or operated by a publicly funded school district that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include a charter school. (73) (C12) "Scrap metal processing." See Junk yard, wrecking yard, or salvage yard. (K5) "Secondhand or thrift store" means an establishment that accepts donations of secondhand items and clothing, and is typically operated for charitable purposes. (I25) "Self-storage facility." See self-storage facility (71) (K6) "Service station." See Fuel sales, retail, and motor vehicle repair or service, minor. (I15) (J19) "Shooting range, indoor" means an establishment that is used for archery or firearms practice in a fullyenclosed facility. (J28) "Shooting range, outdoor" means an establishment that is used for archery or firearms practice, either wholly or partially outdoors. (J29)
"Sign manufacturing and production." See Industrial or manufacturing facility, light. (D7) "Single-family dwelling, attached" means a building with two residential dwelling units located on portions of two lots with a building firewall along the lot line, such that the dwelling units may be sold separately. (17) (H16) "Single-family dwelling, detached" means a building with one residential dwelling unit located on one lot. (18) (H17)
"Single-room occupancy (SRO)" means a residential facility of two or more separate individual rooms with typically less than five hundred square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. Single-room occupancy does not include Hotel or motel. (19) (H18)
"Small family daycare." See Daycare, small family. (64) "Social service office, assistance center, or guidance center" means a facility that provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of economic hardship, mental disability, alcoholism, detention, drug addiction, or similar conditions. This use does not include facilities that provide overnight stay. (F10)
"Specialty construction or trade service" means an establishment that provides construction, installation or maintenance services activities that are typically specialized trade activities, and where some of the service may be provided off-site. This use includes establishments that provide services such as plumbing, electrical work, painting, irrigation, heating/air conditioning, and masonry. This use does not include repair shop or motor vehicle repair or service. (J30)
"Storm drainage basin, with or without a park" means a facility that collects storm water from off-site locations into a sunken basin. The facility may be inaccessible to the public, or may be designed to provide partial public access for recreational use. (74) (F11)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
"Studio for martial arts, music, dance, yoga, exercise, gymnastics or similar" means a facility that provides group or individualized instruction in a specific activity typically related to the arts. This use does not include health or fitness facility. (C14)
"Supportive housing" is defined in Section 50675.14 of the Health and Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in Health and Safety Code Section 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned eighteen). Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills. (20) (H19)
"Swap meet or flea market" means a facility that provides typically compartmentalized space, either indoors or outdoors, to vendors who sell or barter merchandise. This use does not include 'farmers market,' 'auction or sales house,' or 'auction or sales yard.' (I26)
"Tailoring or clothing alterations" means an establishment that provides custom making or altering of clothing when not an ancillary use in a clothing store. (J31) "Tattooing or body art" means an establishment that provides tattooing, body piercing, and other forms of body art allowed by the California Health and Safety Code, except that body art involving ear piercing and permanent cosmetic application are not included and are considered ancillary uses in other establishments. (J32) "Temporary materials or equipment storage yard" means a facility that is used to store, park, house, or prepare equipment, dirt, materials, or temporary offices or shops to support a construction or demolition activity occurring on another site. (A16)
"Temporary sales office" means a facility that provides temporary office space to support the sale of residences or other structures and can include related parking. (A17) "Theater, live or movie" means a facility with an auditorium for viewing movies, plays, acts, or other performances. (C15)
"Tobacco, smoke, or vape shop" means an establishment that provides tobacco or vape products or tobacco or vape related paraphernalia in an area greater than forty percent of its total available retail floor space. (I27) "Trade school." See School, charter, trade, vocational, art, business, or professional. (C13) "Transit station." See Bus, transit, or train station. (K2) "Travel center." See Truck stop or travel center. (K8)
"Transitional housing" means buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. (21) (H20)
"Truck stop or travel center" means an establishment or group of establishments designed to operate together that provide fuel, overnight parking, lodging, food, convenience goods, or other services primarily to truckers and travelers. (K8)
"Trucking or transportation terminal" means a facility designed specifically for large trucks or other vehicles to load, unload, or transfer freight, cargo containers, or other items being shipped, along with associated fueling areas, maintenance facilities, and offices. (K9)
"Urgent care center or other walk-in clinic" means a facility that provides medical treatment of injuries or illnesses that do not require treatment typically provided in an emergency room, typically without an appointment. This use includes urgent care centers, free clinics, hospital-based health clinics, and community Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)
health clinics, but does not include ancillary retail clinics located within a retail store, food market, or pharmacy. (E9)
"Vehicle impound yard" means a facility that provides temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or because of local ordinance or judicial order. (K10)
"Vehicle sales, new and used" means an open area that can include buildings, other than a street, used for the display, sale, or rental of new and used vehicles along with incidental repairs and servicing of vehicles.(I4) "Vehicle sales, used only" means an open area or building, other than a street, used for the display, sale or rental of used vehicles and where no repair work is done except minor incidental repairs and servicing of vehicles to be displayed, sold or rented on the premises. (I5)
"Vehicle wrecking yard." See Junk yard, wrecking yard, or salvage facility. (K5) "Vending machines" means a device that dispenses a product or service upon activation by the receiver of that product or service. Products can include items such as ice; food and beverages, movies and video games, lottery tickets, newspapers, or similar items, but does not include fueling pumps. (A18) "Veterinary clinic or office" means a facility where animals are examined, diagnosed, or treated, but typically not kept overnight. (J33)
"Veterinary hospital" means a facility where animals are kept for observation, diagnosis, treatment, or medical care, and can include overnight surveillance. (J34) "Vocational school." See School, charter, trade, vocational, art, business, or professional. (C13) "Warehouse or distribution center" means a facility for storage of goods or materials that will eventually be redistributed to retailers, wholesalers, or directly to consumers. This use does not include Mini-warehouse or selfstorage facility. (K11) "Winery." See Brewery or winery. (D4)
"Wireless communication facility" means an unstaffed facility that transmits and receives wireless telecommunications, and typically consists of an antenna array, connection cables, and equipment room, and an antenna support structure tower, or pole. (F12)
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 519-24, § 5(Exh. A), 2-13-2024)
1 City of Chowchilla
Housing Element Program Implementation
Summary of Amendments
January 27, 2025
A. SUMMARY STATUS OF PROGRAM IMPLEMENTATION
The status of Housing Element implementation programs is summarized in the following table. These programs are part of Precision Civil Engineering’s scope of services for Housing Element Implementation. Each program is addressed in detail below. Additional implementation by the City of Chowchilla will be required for the remaining programs contained in the Housing Element.
Program Status
Program 1.f. Expedited processing for qualifying projects Complete Program 1.g. Employee Housing Act Complete
Program 2.b. Density Increase Partially
Complete
Program 2.f. Small Residential Care Facilities Complete Program 2.g. Large Residential Care Facilities Complete Program 2.h Transitional and Supportive Housing Complete Program 2.i. Manufactured Home Complete
Program 2.j. Emergency Housing / Low Barrier Navigation Centers Complete Program 2.k. Guest House Complete
Program 2.l. Lower income opportunity sites Complete
Program 2.m. Boarding Houses Complete
Program 2.n. Reasonable Accommodations Procedure Complete Program 3.j. General Plan Land Use Designations and Zoning District Consistency
Partially
Complete
Program 3.k. Density Bonus Ordinance Complete
Program 3.l. ADU Ordinance Updates, Tracking, and Incentives Partially Complete
Program 3.m. Evaluate and Modify Parking and Open Space Requirements
Partially
Complete
Program 3.n. Allow Duplexes By-right Complete
Program 3.p. Removal of Subjective Judgment from Entitlement Review
Complete
Program 3.q. Multi-family in Commercial Zones Complete
Program 3.s. SB 9 Ordinance Complete
Program 3.t. Water and Sewer Priority Complete
2 B. DESCRIPTION OF PROGRAM IMPLEMENTATION
Each program and implementation status are described in detail below. General Plan and Zoning Ordinance Text Amendments are provided in separate attachments.
1. Objective Design Standards (HE-1(f))
Program 1.f. Expedited processing for qualifying projects The City will establish and implement a streamlined ministerial process per SB 35, AB 2162, and AB 1783, including establishing objective design standards to allow for certain, qualifying, residential projects to be approved through a ministerial process. This will also allow qualified projects to undergo expedited review and approval.
Measurable Outcome: Approved Zoning Ordinance Text Amendment • Responsible Party: Community and Economic Development Department (CED) • Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Created a new section, Section 18.60.220 Agricultural Employee Housing establishing requirements for streamlined, ministerial approval process pursuant to Health and Safety Code Section 17021.8 (AB 1783).
• Created a new section, Section 18.60.240 Supportive Housing establishing requirements for streamlined, ministerial approval process pursuant to Government Code Section 65651 (AB 2162).
To implement a streamlined ministerial process per SB 423 (formerly SB 35), an application packet was prepared.
With these amendments and application, the implementation of the program will be complete.
2. Employee Housing and Agricultural Employee Housing (HE-1(g)) Program 1.g. Employee Housing Act
The City will add “large” employee housing as a permitted use by right in the use table for Industrial and Office Zones (I-H, PF, and OS) to further clarify the provision under the Employee Housing Act (Section 17021.6). The City will also amend the Zoning Ordinance to include a new section, Agricultural Employee Housing, that describes the requirements and process for streamlined approval pursuant to Health and Safety Code Section 17021.8.
Measurable Outcome: Approved Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
3 Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Employee Housing, Large definition in Section 18.96.020 Land Use Definitions pursuant to Health and Safety Code Section 17021.6.
• Created a new section, Section 18.60.220 Agricultural Employee Housing establishing requirements for streamlined, ministerial approval process pursuant to Health and Safety Code Section 17021.8.
• Modified Section 18.08.030 Commercial, Office, and Industrial Land Use Table to allow “large” employee housing in the I-L, I-H, PF, and OS zone districts subject to the same permit or zoning clearance of other agricultural activity in the same zone.
With these amendments, implementation of the program will be complete.
3. Density Increases (HE-2(b))
Program 2.b. Density Increase
The City will revise its Zoning Ordinance and General Plan to encourage higher density development by: increasing density ranges from 2.0 to 8.0 dwelling units/acre to 2.0 to 12.0 dwelling units/acre for the MDR land use designation/R-M zone district, from 6.0 to 16.0 dwelling units/acre to 12.0 to 20.0 dwelling units/ acre for MHDR land use designation/R-MH zone district, and from 10.0 to 24.0 dwelling units/acre to 20.0 to 30.0 dwelling units/acre for HDR land use designation/R-H zone district. Per State requirements for the “default” density standards, changes to the Zoning Ordinance related to permitted residential uses will be “by-right” as appropriate. The related General Plan land use designations will also be revised to be consistent with the changes to the Zoning Ordinance. The City will also assess the current height limitations (and CUP requirements particularly in multi-family zones) to determine potential impediments to reaching the proposed maximum densities and will amend the Zoning Ordinance accordingly.
Measurable Outcome: Adoption of General Plan Amendment Resolution and Adoption of Zoning Ordinance Text Amendment
• Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Chapter 18.12 Medium Density Residential Zone, Section 18.12.010 Application to permit a density range of 2.0 – 12.0 dwelling units per acre. • Modified Chapter 18.14 Medium High Density Residential Zone, Section 18.14.010 Purpose and application to permit a density range of 12.0 – 20.0 dwelling units per acre. • Modified Chapter 18.16 High Density Residential Zone, Section 18.16.010 Application to permit a density range of 20.0 – 30.0 dwelling units per acre. 4 • Modified Section 18.080.020 Residential Land Use Table to permit multi-family dwelling, two (2) units per building (duplex) as a by-right use in the R-M-5 and R-M-6 zone districts. • Modified Section 18.08.030 Commercial, Office, and Industrial Land Use Table to permit multi-family dwellings, five (5) or more units per building as a by-right use in the C-N zone district.
The following General Plan Amendment has been prepared. • Amended General Plan Chapter 3, Land Use Element, to permit the increased density ranges in MDR, MHRD, and HDR land use designations.
In addition, current height limitations for multi-family zones were assessed. The table below compares residential development standards for Chowchilla, Kerman, and Livingston.
Land
Use
Development
Standard Chowchilla Kerman Livingston Madera
MDR Max. Density (du/ac) 12 (new) 9 7.5 7
Max. Height (ft) 30 35 30 35
MHDR Max. Density (du/ac) 20 (new) 12 11.9 15
Max. Height (ft) 35 35 30 35
HDR Max. Density (du/ac) 30 (new) 20-24 29 50
Max. Height (ft) 35 45 40 50
Based on the analysis, the following recommendations are proposed. These height increases may require appropriate equipment to provide essential fire suppression services. • Increase the maximum height of MDR from 30 feet to 35 feet. • Increase the maximum height of MHDR from 35 feet to 45 feet. • Increase the maximum height of HDR from 35 feet to 50 ft.
Implementation of the program will be partially complete until height limitations are increased, unless the height increases are deemed infeasible or unnecessary.
4. Residential Care Facilities (HE-2(f) and HE-2(g))
Program 2.f. Small Residential Care Facilities
The City will revise its Zoning Ordinance to allow residential care facilities serving six (6) or fewer people to be allowed by-right in all zones where residential use is permitted subject to only to the requirement of other residential uses of the same type in the same zone.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
5 Program 2.g. Large Residential Care Facilities
The City will revise its Zoning Ordinance to allow residential care facilities serving seven (7) or more people to be allowed by-right in all zones where residential use is permitted subject to only to the requirement of other residential uses of the same type in the same zone.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Section 18.080.020 Residential Land Use Table to permit residential care facilities (seven (7) or more persons) as a by-right use in the R-MH and R-H zone districts. • Modified Section 18.08.030 Commercial, Office, and Industrial Land Use Table to permit residential care facilities (up to six (6) persons) as a by-right use in the C-N zone district and residential care facilities (seven (7) or more persons) as a by-right use in the C-N, MX-D, MX, and O zone districts.
With these amendments, implementation of the program will be complete.
5. Transitional and Supportive Housing (HE-2(h))
Program 2.h. Transitional and Supportive Housing
The City will amend the Zoning Ordinance to allow transitional and supportive housing as a use by right in all zones allowing residential uses subject to only the requirements of other residential uses of the same type and in the same zone including parking standards. In addition, the City will revise its Zoning Ordinance to allow permanent supportive housing in all zones allowing residential uses (including emergency shelters) without discretionary action pursuant to Government Code Section 65651 (AB 2988), uses subject to only the requirements of other residential uses of the same type and in the same zone including parking standards.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Created a new section, Section 18.60.240 Supportive Housing establishing requirements for streamlined, ministerial approval process pursuant to Government Code Section 65651 (AB 2162).
6 • Modified Section 18.08.030 Commercial, Office, and Industrial Land Use Table to permit Transitional and Supportive Housing by-right in the C-N and C-S zone districts, pursuant to Government Code Section 65651.
With these amendments, implementation of the program will be complete.
6. Manufactured Homes (HE-2(i))
Program 2.i. Manufactured Home
In accordance with Government Code Section 65852.3, (c) City will revise its Zoning Ordinance to allow Manufactured Homes (on Permanent Foundation) by-right in all zones that allow single-family uses.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Section 18.080.020 Residential Land Use Table to permit Manufactured Homes on permanent foundations as a by-right use in R-L, R-M-5, and R-M-6 zone districts, pursuant to Government Code Section 65852.3(c).
• Modified Section 18.08.030 Commercial, Office, and Industrial Land Use Table to add Manufactured Homes on permanent foundations as a by-right use in C-N, MX-D, MX zone districts, pursuant to Government Code Section 65852.3(c).
With these amendments, implementation of the program will be complete.
7. Emergency Shelters (HE-2(j))
Program 2.j. Emergency Housing / Low Barrier Navigation Centers The City will revise the Zoning Ordinance to amend the definition of “Emergency Shelter” and allow Emergency Shelters by right without discretionary action in R-MH and R-H zoning districts, pursuant to AB 139. The City will also revise Table 18.54.040 of the Zoning Ordinance to change parking space requirement for “Emergency Shelters” to 1 space per employee but not to exceed parking requirements for other residential or commercial uses within the same zone.
In addition, the City will revise the Zoning Ordinance to allow Low Barrier Navigation Centers by right in areas zoned for mixed uses and nonresidential zones that permit multi-family uses, pursuant to AB 101.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
7 Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Chapter 18.96 Definition of Land Uses to include “such a facility must include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care,” within the definition of emergency shelter pursuant to State Law.
• Modified Section 18.080.020 Residential Land Use Table to permit Emergency Shelters by-right in the R-MH and R-H zone districts.
• Modified Section 18.54.040 Number of Parking Spaces Required to establish parking requirements based on staffing level, or an amount of parking equal to other residential or commercial uses within the same zone, pursuant to AB 319 (2019).
With these amendments, implementation of the program will be complete.
8. Guest House (HE-2(k))
Program 2.k. Guest House
The City will revise the Zoning Ordinance to define the term “guest house” or “guesthouse” as an accessory building not intended for permanent occupancy which does not have separate cooking facilities from the primary residence.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Guest House definition in Section 18.96.020 Land Use Definitions to be an accessory building that is not intended for permanent occupancy and does not have separate cooing facilities from the primary residence.
With these amendments, implementation of the program will be complete.
9. Boarding Houses (HE-2(m))
Program 2.m. Boarding Houses
The City will amend the Zoning Ordinance to allow a boarding house or rooming house byright in Medium, Medium-High, and High-Density Residential Zones.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. 8 • Modified Section 18.080.020 Residential Land Use Table to permit Boarding house or rooming house by-right in the R-M-5, R-M-6, and R-MH zone districts.
With these amendments, implementation of the program will be complete.
10.Reasonable Accommodations (HE-2(n))
Program 2.n. Reasonable Accommodations Procedure
The City will amend the Zoning Ordinance to provide objective guidelines for evaluating a reasonable accommodation request pursuant to Federal and State Fair Housing Law.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2027
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Chapter 18.92 Reasonable Accommodation to further define what constitutes an undue burden, or fundamental alteration of a City program or law pursuant to Federal and State Fair Housing Law.
With these amendments, implementation of the program will be complete.
11.General Plan Land Use Designations and Zoning District Consistency (HE-3(j)) Program 3.j. General Plan Land Use Designations and Zoning District Consistency The City will amend the General Plan to accurately reflect and correspond to the City’s zoning districts as identified in the Zoning Ordinance and Zoning Map.
Measurable Outcome: Adoption of General Plan Amendment Resolution • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following General Plan Amendment has been prepared. • Amended General Plan Chapter 3, Land Use Element, Table LU-4 to update the consistency between land use designations and zoning districts.
In addition, inconsistencies between land use designations and zoning districts have been identified using the latest City of Chowchilla Land Use Map (11/17/23). There are 18 inconsistencies that would need to be addressed.
Implementation of the program will be partially complete. The City will need to carry out further revisions to the Land Use or Zoning Map to address the inconsistencies. 9 12.Density Bonus Ordinance (HE-3(k))
Program 3.k. Density Bonus Ordinance
The City will amend the Zoning Ordinance to comply with the latest density bonus provisions of State Density Bonus Law (Government Code Section 65915). In order to provide for the expeditious processing of a density bonus application, the City will: adopt procedures and timelines for processing a density bonus application; provide a list of all documents and information required to be submitted with the density bonus application in order for the application to be deemed complete; and notify the applicant on whether the application is complete in a manner consistent with timelines specified in Section 65943. Regarding replacement housing subject to Government Code Section 65915, subdivision (c)(3), the City will include a finding in approval documents for new residential developments that requires replacement housing when housing is proposed to be demolished or has been demolished in the previous five (5) years.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment; creation of application procedure; staff report finding
• Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • The Density Bonus Ordinance, Chapter 18.58 Housing Density Bonus and Other Incentives, was updated to reflect State Law. Reference to replacement housing subject to Government Code Section 65915, subdivision (c)(3) is made under Section 18.58.030 Density bonus requirements.
With these amendments, implementation of the program will be complete.
13.ADUs/JADUs (HE-3(l))
Program 3.l. ADU Ordinance Updates, Tracking, and Incentives To comply with State ADU Law and encourage ADUs, the City will:
• Amend the Zoning Ordinance to comply with State ADU Law. • Create an ADU building permit application and submittal checklist. • Create an ADU informational handout that introduces ADUs. • Create an ADU how-to guide for homeowners.
• Re-publish the pre-reviewed ADU plans that were previously available at no cost to Chowchilla residents. The pre-reviewed ADU plans are currently undergoing updates to comply with the new building code.
• Create an ADU webpage with all available tools including a link to the updated ADU ordinance, the ADU building permit application and submittal checklist, the ADU informational handout, the ADU how-to guide, and information about the pre-reviewed ADU plans.
10 • Add a workflow in the City’s land use management system (Tyler Technologies) to track ADU building permits.
Measurable Outcome: Adoption of Zone Text Amendment Ordinance, Implementation of ADU Program. Development of 8 ADUs, 4 lower-income, 2 moderate income, and 2 abovemoderate income. • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Section 18.60.030 ADUs was amended to comply with State Law. Note: a repeal and replace of the ADU Ordinance is recommended.
With these amendments, implementation of the program will be partially complete. The City will be required to carry out the remaining program components:
• Create an ADU building permit application and submittal checklist. • Create an ADU informational handout that introduces ADUs. • Create an ADU how-to guide for homeowners.
• Re-publish the pre-reviewed ADU plans that were previously available at no cost to Chowchilla residents. The pre-reviewed ADU plans are currently undergoing updates to comply with the new building code.
• Create an ADU webpage with all available tools including a link to the updated ADU ordinance, the ADU building permit application and submittal checklist, the ADU informational handout, the ADU how-to guide, and information about the pre-reviewed ADU plans.
• Add a workflow in the City’s land use management system (Tyler Technologies) to track ADU building permits.
14.Evaluate and Modify Parking and Open Space Requirements (HE-3(m)) Program 3.m. Evaluate and Modify Parking and Open Space Requirements The City will evaluate the current parking, open space requirements, and amend the Zoning Ordinance as appropriate in order to increase buildable area on a parcel, which could subsequently reduce constraints for housing development.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
Parking and open space requirements in the R-M-5, R-M-6, R-MH, and R-H zone districts were evaluated. Based on the analysis, one amendment is recommended for parking 11 requirements, and no amendments are recommended for open space requirements. With this evaluation, the program will be partially complete.
To fully implement the program, the City should review the evaluation and recommended amendments and proceed accordingly. If it is determined that the recommended amendment is not necessary, then the City can consider this program to be complete.
Evaluation of Parking Requirements
Land Use Parking Space Requirement Analysis
Single-family
dwelling
2 spaces per dwelling unit; at
least 1 space shall be covered
(garage or carport)
No Amendments Required. The
average car ownership in Chowchilla
is 2 cars per household. 2 spaces are
usually provided via garage and
driveways for single-family dwellings.
Multi-family
dwelling, Studio
or SRO (no
bedroom)
1 space per dwelling unit No Amendments Required. It is anticipated that studios provide living
space for 1 person.
Multi-family
dwelling, 1-
bedroom
1.5 spaces per dwelling unit;
at least 50% of the spaces
shall be covered parking
Amendment Recommended. It is
anticipated that 1-bedroom units
provide living space for 1 person. As
such, it is recommended that 1 space
is required per dwelling unit.
Multi-family
dwelling, 2-
bedroom
1.75 spaces per dwelling unit;
50% of the spaces shall be
covered parking
No Amendments Required. It is
anticipated that 2-bedroom units
provide living space for 1-2 persons.
Multi-family
dwelling, 3 or
more bedrooms
2 spaces per dwelling unit;
50% of the spaces shall be
covered parking
No Amendments Required. The
average car ownership in Chowchilla
is 2 cars per household. Renters for
3+ bedroom units are usually
households with 3+ people. As such,
it is anticipated that 2 cars would be
needed for each unit.
Single- or multifamily dwelling
specifically for
seniors 55 years
of age or older
1 space per dwelling unit or 1
space for every 4 beds
No Amendments Required. This
parking requirement is less than is
required in the city of Madera since no
additional guest parking is required.
12 Evaluation of Open Space Requirements
Zone Open Space
Requirement
Analysis
R-M-5 18.12.150 – Minimum 400
sf per dwelling unit.
Minimum 15 feet wide.
No Amendments Required. A minimum of 500 feet
open space would be provided in the rear yard since
lot width is a minimum 50 feet and rear building
setback is a minimum 10 feet.
R-M-6 18.12.150 – Minimum 400
sf per dwelling unit.
Minimum 15 feet wide.
No Amendments Required. A minimum of 600 feet
open space would be provided in the rear yard since
lot width is a minimum 60 feet and rear building
setback is a minimum 10 feet.
R-MH 18.14.150 – 4 or less units:
minimum 300 sf per
dwelling unit. Minimum 15
feet wide.
No Amendments Required. A minimum of 750 feet
open space could be provided in the rear yard since
lot width is a minimum 50 feet and rear building
setback is a minimum 15 feet. However, the
development of 3-4 units would require a total of
900-1,200 sf of usable open space. If this was
proposed as a 2-story building, 1,250 sf of rear yard
would be provided. If a 1-story building was
proposed, approximately 525 sf would be provided
as a rear yard per unit since homes are usually 35
feet wide.
18.14.150 – 5+ units: 5%
of the lot area.
No Amendments Required. This is not related to
unit count but lot area. A 5% allocation can generally
be provided in the rear year setback.
• Example: Site A, APN 002-164-014, is 0.6 acres
(185 by 140 feet). Approximately 1,300 sf of
usable open space is required per code. The rear
yard is required to be 2,100 sf (140 by 15 feet),
which exceeds the open space requirement.
• Example: Site B, APN 001-420-004, is 2.3 acres
(270 by 390 feet). Approximately 5,000 sf of
usable open space is required per code. The rear
yard is required to be 5,400 (270 by 20 feet),
assuming the structures are multi-story, which
exceeds the open space requirement.
R-H 18.16.140 – 4 or less units:
minimum 300 sf per
dwelling unit. Minimum 15
feet wide.
No Amendments Required. See analysis above.
Example: Site C, APNs 001-330-002 and 001-330-
001, is 4.27 acres (335 by 755 feet). Approximately
9,300 sf of usable open space is required per code.
The rear yard is required to be 6,700 sf (335 by 20
feet), assuming the structures are multi-story. An
13 additional 2,600 sf of open space is required to be
provided in addition to the rear yard.
18.16.140 – 5+ units: 5%
of the lot area.
No Amendments Required. See analysis above.
Example: Site C, APNs 001-330-002 and 001-330-
001, is 4.27 acres (335 by 755 feet). Approximately
9,300 sf of usable open space is required per code.
The rear yard is required to be 6,700 sf (335 by 20
feet), assuming the structures are multi-story. An
additional 2,600 sf of open space is required to be
provided in addition to the rear yard.
15.Duplexes (HE-3(n))
Program 3.n. Allow Duplexes By-right in medium density single-family zones The City will amend the Zoning Ordinance to allow duplexes “by-right” in Medium Density Residential Zones.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment. Development of 10 moderate income units.
• Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Section 18.080.020 Residential Land Use Table to permit Duplexes by-right in the R-M-5 and R-M-6 zone districts.
With these amendments, implementation of the program will be complete.
16.Removal of Subjective Judgement from Entitlement Review (HE-3(p)) Program 3.p. Removal of Subjective Judgment from Entitlement Review The City will amend the Zoning Ordinance to remove subjective language from entitlement review for Site Plan Review, Conditional Use Permit, and Planned Unit Development, and will provide objectives with regards to determining adverse effects and impairment to the integrity and character of zoning districts, thereby streamlining the review of multi-family residential projects.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2027
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. 14 • In Chapter 18.72, modify Section 18.72.050 Director Action – Criteria of Consideration – Site Plan Review Permits to remove or clarify subjective language. • In Chapter 18.80 Conditional Use Permits, modified Section 18.80.030 Findings to separate out CUP findings for non-housing and housing projects to provide more certainty and clarity for approval of housing that requires a CUP. • In Chapter 18.82 Planned Unit Development Permits, modified Section 18.82.060 Required Findings – Planned Unit Development Permits to remove or clarify subjective language.
With these amendments, implementation of the program will be complete.
17.Multi-Family in Commercial Zones (HE-3(q))
Program 3.q. Multi-family in Commercial Zones
The City will amend the Zoning Ordinance to allow multi-family residential buildings with five (5) or more units “by right” in the C-N zone district.
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Modified Section 18.08.030 Commercial, Office, and Industrial Land Use Table to permit multi-family dwellings, five (5) or more units per building as a by-right use in the C-N zone district.
With these amendments, implementation of the program will be complete.
18.SB 9 Compliance (HE-3(s))
Program 3.s. SB 9 Ordinance
The City will amend the Zoning Ordinance to comply with SB 9 (Government Code Section 65852.21).
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • In Chapter 18.10 Low Density Residential, modified Section 18.10.030 Lot Area, Section
18.10.070 Building setback areas, and Section 18.10.140 Off-street parking to provide exceptions for urban lot splits pursuant to SB 9.
15 • In Chapter 18.12 Medium Density Residential, modified Section 18.12.020 Permitted Uses, Section 18.12.030 Lot Area, Section 18.12.050 Dwelling units per lot, Section
18.12.070 Building setback areas, and Section 18.12.140 Off-street parking to provide exceptions for urban lot splits pursuant to SB 9.
• Created a new chapter, Chapter 17.26 Urban Lot Split (Parcel Maps) establishing a streamlined, ministerial approval process for urban lot splits per SB 9.
With these amendments, implementation of the program will be complete.
19.Water and Sewer General Plan Policy (HE-3(t))
Program 3.t. Water and Sewer Priority
The City will work with water and sewer service providers to establish specific written procedures to grant priority water and sewer service to developments with units affordable to lower-income households pursuant to Government Code Section 65589.7. The procedures will be incorporated into a General Plan policy.
Measurable Outcome: Adoption of General Plan Text Amendment • Responsible Party: CED
• Timeline: Q1, 2025
Program Implementation
The following General Plan Amendment has been prepared. • Created new General Plan policies and implementation measures within the Public Facilities and Services Element, General Plan PFS Policies 4.9 (Water) and 5.5 (Wastewater) to establish City policies and procedures related to prioritizing connections for affordable housing projects.
• Drafted Policy in accordance with Section 65589.7 of the California Government Code to be adopted by the City.
With these amendments, implementation of the program will be complete.
20. Low Barrier Navigation Centers (HE-2(j))
Program 2.j. Emergency Housing / Low Barrier Navigation Centers The City will revise the Zoning Ordinance to amend the definition of “Emergency Shelter” and allow Emergency Shelters by right without discretionary action in R-MH and R-H zoning districts, pursuant to AB 139. The City will also revise Table 18.54.040 of the Zoning Ordinance to change parking space requirement for “Emergency Shelters” to 1 space per employee but not to exceed parking requirements for other residential or commercial uses within the same zone.
In addition, the City will revise the Zoning Ordinance to allow Low Barrier Navigation Centers by right in areas zoned for mixed uses and nonresidential zones that permit multi-family uses, pursuant to AB 101.
16 Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2026
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Added definition of Low Barrier Navigation Center to Section 18.96.020 Land Use Definitions pursuant to AB 101(2019).
• Modified Section 18.08.030 Commercial, Office, and Industrial Land Use Table to add Low Barrier Navigation Center as a permitted use by-right in zone districts that are zoned for mixed uses and non-residential zones that permit multi-family uses, included C-N, MX-D, and MX zone districts, pursuant to AB 101 (2019).
With these amendments, implementation of the program will be complete.
21. Lower Income Opportunities (HE-2(l))
Program 2.l. Lower income opportunity sites
The City will revise the Zoning Ordinance to allow residential developments by-right, without discretionary action, where at least 20% of the units are affordable to lower-income households, on sites identified in prior planning periods pursuant to Government Code Section 65583.2, subdivision (c).
Measurable Outcome: Adoption of Zoning Ordinance Text Amendment • Responsible Party: CED
• Timeline: Q1, 2027
Program Implementation
The following Zoning Ordinance Text Amendments have been prepared. • Created new chapter, Chapter 18.94 Housing Element Sites, to establish by-right approval process for sites that were identified in prior planning periods where at least 20% of the units are affordable to lower-income households, pursuant to Government Code Section 65583.2(c).
With these amendments, implementation of the program will be complete.
C. AMENDMENT SUMMARY BY SECTION / CHAPTER / ELEMENT
Overall, the following sections, chapters, and elements have been amended.
Zoning Ordinance Text Amendments
• 18.60.030 (REPEAL AND REPLACE) Accessory Dwelling Units • 18.60.220 (NEW) Agricultural and Employee Housing
17 • 18.60.240 (NEW) Supportive Housing
• 18.95 (NEW) Housing Element Sites
• 17.26 (NEW) Urban Lot Split (Parcel Maps)
• 18.08 Land Use Tables
• 18.10 Low Density Residential Zone
• 18.12 Medium Density Residential Zone
• 18.14 Medium High Density Residential Zone
• 18.16 High Density Residential Zone
• 18.54 Parking and Loading Standards
• 18.58 Housing Density Bonus and Other Incentives
• 18.72 Site Plan Review Permits
• 18.80 Conditional Use Permits
• 18.82 Planned Unit Development Permits
• 18.92 Reasonable Accommodation
• 18.96 Definition of Land Uses
General Plan Text Amendments
• Table LU-3 2040 General Plan Land Use Designations
• Land Use Designations (MDR, MHDR, HDR, OS)
• Table LU-4 Land Use Density and Intensity
• Public Facilities and Services Element
Attachments:
• 18.60.030 (REPEAL AND REPLACE) Accessory Dwelling Units • 18.60.220 (NEW) Agricultural and Employee Housing
• 18.60.240 (NEW) Supportive Housing
• 18.95 (NEW) Housing Element Sites
• 17.26 (NEW) Urban Lot Split (Parcel Maps)
• 18.08 Land Use Tables
• 18.10 Low Density Residential Zone
• 18.12 Medium Density Residential Zone
• 18.14 Medium High Density Residential Zone
• 18.16 High Density Residential Zone
• 18.54 Parking and Loading Standards
• 18.58 Housing Density Bonus and Other Incentives
• 18.72 Site Plan Review Permits
18 • 18.80 Conditional Use Permits
• 18.82 Planned Unit Development Permits
• 18.92 Reasonable Accommodation
• 18.96 Definition of Land Uses
• Land Use Element
• Public Facilities Element
• SB 423 Application Packet
• Zoning and Land Use Consistency Table
NOTICE OF A PUBLIC HEARING
GPA/ZTA #25-0094 Implementation of Housing
Element Programs & Notice of Exemption
Citywide, Chowchilla, CA 93610
Notice is hereby given that the Planning Commission and the City Council of the City of Chowchilla, California, will hold public hearings to consider General Plan Amendment 25-0094 and Zone Text Amendment 25-0094 to implement the following 19 Housing Element programs of the 6
th Cycle Housing Element which include
amendments to the zoning ordinance and amendments
to the General Plan: 1.g. (Employee Housing Act), 2.b.
(Density Increase), 2.f. (Small Residential Care
Facilities), 2.g. (Large Residential Care Facilities), 2.h. (Transitional and Supportive Housing), 2.i.
(Manufactured Home), 2.j. (Emergency Housing / Low
Barrier Navigation Centers), 2.k. (Guest House), 2.m.
(Boarding Houses), 2.n. (Reasonable Accommodations
Procedure), 3.j. (General Plan Land Use Designations
and Zoning District Consistency), 3.k. (Density Bonus
Ordinance), 3.l. (ADU Ordinance Updates, Tracking,
and Incentives), 3.n. (Allow Duplexes By-right), 3.p.
(Removal of Subjective Judgment from Entitlement
Review), 3.q. (Multi-family in Commercial Zones), 3.s.
(SB 9 Ordinance), 3.t. (Water and Sewer Priority), and
the accompanying Notice of Exemption. This is a cityinitiated text amendment and will be accompanied by a Notice of Exemption in compliance with CEQA Guidelines.
Planning Commission: Wednesday, May 21, 2025 at 5:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.
City Council: Tuesday, May 27, 2025 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actions listed above. This meeting will be open to the public and available to watch and participate remotely through Zoom. Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA 93610, and to the attention of the Planning Department, Director of Community and Economic Development. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the approval body at, or prior to, the Public Hearing.
Jaime Quintana
Community & Economic Development Department
(559) 665-8615 ext. 400 |[email protected] City of Chowchilla 2040 General Plan
Public Facilities and Services Element
Municipal Water
Policy PF 4.9
The City shall prioritize providing water service to housing developments which include housing units affordable to lower income households.
Implementation Measure PF 4.9.A
In accordance with Government Code Section 65589.7, the City shall prepare written policies and procedures to provide priority for the provision of water service allocations to proposed developments which include housing units affordable to lower income households.
Wastewater
Policy PF 5.5
The City shall prioritize providing sewer services to housing developments which include housing units affordable to lower income households.
Implementation Measure PF 5.5.A
In accordance with Government Code Section 65589.7, the City shall prepare written policies and procedures to provide priority for the provision of sewer service allocations to proposed developments which include housing units affordable to lower income households.
Policy
In accordance with Section 65589.7 of the California Government Code, or any successor statute, the City of Chowchilla shall grant priority for the provision of water and sewer service allocations to proposed developments which include housing units affordable to lower income households. The City shall not deny or condition the approval of an application for connection to, or reduce the amount of services applied for by, a proposed development that includes housing units affordable to lower income households unless the City makes specific written findings that the denial, condition, or reduction is necessary due to the existence of one or more of the following:
1. The City does not have “sufficient water supply”, as defined in Government Code Section 66473.7(a)(2); is operating under a water shortage emergency, as defined in Water Code Section 350; or does not have sufficient water treatment or distribution capacity to serve the needs of the proposed development, as demonstrated by a written engineering analysis and report.
2. The City is subject to a compliance order issued by the State Department of Health Services that prohibits new water connections.
3. The City does not have sufficient treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development.
4. The City is under an order issued by the Central Valley Regional Water Quality Control Board prohibiting new sewer connections.
5. The developer has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the City, including, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013.
CITY OF CHOWCHILLA
PLANNING DIVISION
SB 423 INFORMATION PACKET
130 S. Second Street
Chowchilla, CA 93610
(559) 665-8615
[email protected]
SB 423 Information Packet Page 1
STREAMLINED REVIEW FOR MULTI-FAMILY HOUSING
INFORMTAIONAL HANDOUT
What is SB 423 (Government Code Section 65913.4)?
Senate Bill (SB) 423 (formerly known as SB 35 as enacted by Government Code Section 65913.4) requires cities and counties to provide a streamlined, ministerial review process for qualifying multi-family housing developments. SB 423, approved October 11, 2023, expands and extends SB 35, which streamlines housing approvals by requiring local governments who are not sufficiently meeting housing needs (RHNA) to ministerially approve certain multi-family housing projects if they meet certain requirements. The project must comply with applicable “objective” standards, meet specific site criteria, pay prevailing wages for construction labor, and meet affordability requirements. SB 423 also extends the sunset date of SB 35 from 2026 to 2036. Citation: Government Code Section 65913.4 The provisions of this program are in effect until January 1, 2036, unless extended by the State.
What is Ministerial Approval?
Ministerial approval refers to an approval process that can be automatically approved if standard requirements are met. The benefit of ministerial approval is that it can fast-track, or streamline, planning approvals by removing any discretion from the review process for qualifying projects. Ministerial projects are exempt from California Environmental Quality Act (CEQA), public hearing, and neighborhood noticing requirements. The streamlining process under SB 423 is voluntary where a project proponent may elect to pursue, provided that the project meets certain eligibility criteria.
Eligible Projects for Streamlined Review under Government Code Section 65913.4 A qualifying multi-family housing development is a specific type of multi-family residential or mixed-use development with 2/3 area dedicated to residential use that includes a specified percentage of units affordable to lower income households and meets the provisions outlined in Government Code Section 65913.4. Some of the provisions include:
▪ Compliance with the Chowchilla Municipal Code development and objective design standards. ▪ Provide at least 50% of the total units as affordable for household incomes at 80% AMI or less. ▪ 75% of the site perimeter adjoin urban development.
▪ Consistent with the existing land use designation density. ▪ Does not demolish a recorded historical structure.
▪ Construction workers are paid the general prevailing wage and are skilled and trained.
Review the Eligibility Checklist on page 5 for a complete list of provisions.
SB 423 Information Packet Page 2
Application and Permitting Process
Step 1: Determine if the Project is eligible for SB 423 Streamlining Review the Eligibility Checklist in the SB 423 Supplemental Form to check if your project complies with all criteria. Project proponents may also submit for a pre-application with City Staff to review eligibility.
The pre-application meetings with City Staff are intended to identify any issues pertinent to the project and confirm eligibility for SB 423 Streamlining.
Once you confirm that your project is eligible, submit a Notice of Intent (Step 2) to invoke the SB 423 Streamlining Review process. If your project is not eligible, please revise the proposal or move forward with a discretionary process.
Step 2: Submit a Notice of Intent
Once you determine your project is eligible for streamlined ministerial approval pursuant to SB 423, you must file a Notice of Intent. The Notice of Intent shall be in the form of a preliminary application that includes all the information described in Government Code Section 65941.1. Submit the Preliminary Application Pursuant Section 65941.1 (link) form as the Notice of Intent for SB 423.
Step 3: Tribal Consultation (City)
Upon receipt of a Notice of Intent, the City will engage in a scoping consultation with any California Native American tribe that is affiliated with the geographic area. The timeline is as follows:
• The City has 30 days to provide formal notice to each tribe traditionally and culturally affiliated with the region once Notice of Intent to invoke SB 423 has occurred. • Tribes have 30 days to accept and engage in consultation. • City must initiate consultation within 30 days of receiving notice from a tribe.
Step 4: Informational Hearing (City, as applicable)
A Planning and Preservation Commission public hearing is required for projects located in census tracts that are designated as a moderate resource area, a low resource area, or an area of high segregation and poverty on the most recent “CTCAC/ HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development Projects. City staff will coordinate a hearing within 45 days of submittal of the Notice of Intent.
Step 5: Submit a complete formal application package
Once tribal consultation concludes, submit a complete packet that includes the following information:
City of Chowchilla Development Application
SB 423 Supplemental Form
Site Plan
Elevations
Filing Fee
Certificate of Compliance – Owner Authorization and Affidavit SB 423 Information Packet Page 3
Step 6: Ministerial Review (City)
City Staff must follow mandatory timelines to determine a project’s eligibility for streamlined ministerial review. If it is determined that a project is not eligible for streamlined ministerial review, then City Staff must provide in writing the deficiencies of the project. Deficiencies do not preclude the project proponent/applicant from revising and resubmitting.
Once the application is submitted by the applicant, City Staff will review the application and determine completeness of a submittal within 60 days for projects with 150 units or less and 90 days for projects more than 150 units.
Once an application is deemed complete, City Staff has 90 days to review and approve projects with 150 units or less and 180 days to review and approve projects of more than 150 units.
Step 7: Submit a Building Permit
Any decision to approve a project under SB 423 will expire after three (3) years from said approval. If a Building Permit is not issued within three (years), the approval is considered null, and void and a new application must be processed. Projects may receive a one-year extension if significant progress is shown, and the extension is requested at least six (6) months prior to expiration. Projects approved under SB 423 are only eligible for one (1) such extension.
SB 423 Information Packet Page 4
SB 423 SUPPLEMENTAL FORM
PROJECT INFORMATION
Project Description
Please provide a narrative project description that summarizes the project and its purpose. Please include the Average Median Income (AMI) levels of the population to be served.
Will the project use a Density Bonus? ☐ Yes ☐ No
Assessor’s Parcel Number(s) “APN” Size of Parcel(s):
Proposed Use of Property:
• Proposed Number of Residential Units: _________
• Proposed Area of Residential Units (square feet): _________ • Proposed Area of Non-residential Uses (square feet): _________ • Proposed Use of Non-residential Area: ________________________________________ • Building Stories: __________
• Open Space/Amenities (square feet): __________
Proposed On-Site Parking:
• Standard: _________
• Accessible/ADA: _________
• Electric Vehicle Charging: _________
• Other (e.g., bicycle parking, loading zones, etc.): ________________________________ Residential Units:
Type Unit Size (sf.) Market Rate Units Affordable Units Total Units Studio
1 Bedroom
2 Bedroom
3+ Bedroom
SB 423 Information Packet Page 5
ELIGIBILITY CHECKLIST
Any project intending to apply for a streamlined ministerial review under the provisions of SB 423 must fill out and return this eligibility checklist to demonstrate compliance with legislation Requirements Comply N/A
Unit Count. The project proposes two (2) or more new residential units. ☐ ☐ Mixed Use Projects. Mixed-use developments must have at least 2/3 of the total square footage dedicated to residential use. ☐ ☐
Subdivision. If the project proposes a subdivision map, the application for a subdivision is considered ministerial if the project consists of 10 or fewer units and the project is not public work.
☐ ☐
Objective Standards. The project complies with objective development and design standards outlined in Merced Municipal Code Chapters 20.08 (Residential Zoning Districts), 20.46.030 (General design standards for multi-family dwellings), and 20.46.040 (Specific design standards for multi-family dwellings). ☐ ☐
Affordability. The project provides at least 50% of total units as affordable for household incomes at 80% or less of the area median income, prior to calculating density bonus? The housing units shall remain affordable for the applicable time period defined below and recorded through a covenant or some other instrument:
▪ 55 years for units that are rented; or
▪ 45 years for units that are owned
☐ ☐
Infill. At least 75% of the perimeter of the project site adjoin parcels is developed with urban uses, including those separated by a highway. ☐ ☐ Legal Parcel. The project is located on a legal parcel within city limits. ☐ ☐ Prime Farmland. The project is NOT located on prime farmland or farmland of statewide importance. (Use the California Important Farmland Finder to determine the farmland type of your project site.)
☐ ☐
Wetlands. The project is NOT located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). ☐ ☐ Conservation. The project is NOT located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resource protection plan.
Habitat for Protected Species. The project is NOT located on habitat for protected species. Please be aware that the City of Merced may require a technical memo from a qualified biologist. (Use the U.S. Fish and Wildlife Service’s Environmental Conservation Online System to determine if the site is within a critical habitat.)
☐ ☐
Conservation Easement. The project is NOT under a conservation easement (e.g., Williamson Act Contract). ☐ ☐
Fire Hazard. The Project is NOT within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178. (Use the Department of Forestry and Fire Protection map to determine fire severity zones and confirm with City of Merced’s designated fire marshal.)
☐ ☒
SB 423 Information Packet Page 6
Requirements Comply N/A
Hazardous Waste Site. The project is NOT on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
• The site is an underground storage tank site that received a uniform closure letter;
• The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(Use the Department of Toxic Substances Control (DTSC) data management system, EnviroStor, to determine is the site is a hazardous waste site designated by the DTSC.)
☐ ☐
Earthquake Fault Zone. The project is NOT within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by any local building department.
(Use the California Department of Conservation’s EQ Zapp to determine if the site lies within any California Geological Survey’s mapped earthquake hazard zone.)
☐ ☐
Special Flood Hazard Area. The project is NOT within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency. (Use FEMA’s National Hazard Layer Viewer to determine the flood zone.) ☐ ☐
Regulatory Floodway. The project is NOT within a regulatory floodway as determined by the Federal Emergency Management Agency. (Use FEMA’s National Hazard Layer Viewer to determine the flood zone.) ☐ ☐
Demolition of Residential Units. The project would NOT involve demolition of any of the following types of housing:
• Units that have been occupied by tenants in the last 10 years; • Units subject to any form of rent or price control, or units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.
• The project cannot be located on a site which was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent applies for approval under SB 423. ☐ ☐
Historic Structure. The project does NOT demolish historic structures that are on a national, state, or local historic register. ☐ ☐
Prevailing Wages. If the project is not in its entirety a public work defined by Government Code Section 65913.4 (a)(8)(A) and proposes more than 10 units, all construction workers employed in the execution of the development will be ☐ ☐
SB 423 Information Packet Page 7
Requirements Comply N/A
paid at minimum the general prevailing rate of per diem wages. Project with 50 or more units must also make healthcare expenditures.
Skilled Workforce. For any project over 85 feet in height above grade, a skilled and trained workforce must complete the development. 100% affordable housing projects (at 80% AMI or lower) are exempt from the skilled and trained workforce provisions. See complete details on labor requirements in Government Code 65913.4(a)(8) and (9).
☐ ☐
Tribal Consultation. The City has notified all tribes traditionally and culturally affiliated with the project site and has determined tribal cultural resource won’t be affected by the development of the project.
☐ ☐
Informational Hearing. For projects located in census tracts that are designated either as a moderate resource area, a low resource area, or an area of high segregation and poverty, the City has presented the project at Planning Commission hearing. The applicant attended the hearing and have reviewed oral and written testimony in its submittal of an application for ministerial approval. ☐ ☐
DESIGN STANDARDS CHECKLIST
Any project intending to apply for a streamlined ministerial review under the provisions of SB 423 must complete the design standards checklist to demonstrate compliance with the Objective Design Standards identified in Section x.
SB 423 Information Packet Page 8
CERTIFICATE OF COMPLIANCE
Under penalty of perjury the following declarations are made:
a. The undersigned is the owner or authorized agent of the owner of this property. b. The information presented is true and correct to the best of my knowledge. c. Public Record. I understand that any information provided becomes part of the public record and can be made available to the public for review and posted to the city website. d. Affordable Housing. I agree to comply with the applicable affordable housing dedication requirements established under Government Code section 65913.4(a)(3). e. Prevailing Wage. I agree to comply with the applicable prevailing wage requirements established under Government Code section 65913.4(a)(8)(A).
f. Workforce. I agree to comply with the applicable skilled and trained workforce requirements established under Government Code section 65913.4(a)(8)(B). g. Tenant-Occupied Housing. I certify that the project site has not contained any housing occupied by tenants within 10 years prior to the date written below. h. Consistency with Objective Design Standards. I certify the proposed project is consistent with all objective zoning and design review standards to the project site, including those standards included in the General Plan, Chowchilla Municipal Code, all applicable master development plans, and specific and/or community plans, and standards associated with the installation of public improvements and other applicable City documents. i. Eligibility Requirements. I certify the proposed project meets all threshold eligibility criteria are satisfied to qualify for this streamlined program under the SB 423. j. Owner/Agent Authorization. If the applicant is not the Property Owner, both the Property Owner and Applicant must sign this affidavit. By signing this affidavit, the Property Owner authorizes the Applicant listed in this application to act as the Property Owner’s agent on all matters in connection with this application.
Applicant Signature Print Name Date
Property Owner Signature Print Name Date
Property Owner Signature Print Name Date
*Attach additional signatures as needed
City of Chowchilla 2040 General Plan Page LU-1
LAND USE ELEMENT
A General Plan Land Use Map is often seen by many to be the “General Plan.” However, the General Plan Land Use Map is only a graphic representation of the planning values and ideals of the community as expressed throughout the written text of this General Plan. A General Plan Land Use Map merely designates the proposed general location and extent of each land use classification specified and described in this Land Use Element. A General Plan Land Use Map together with the General Plan’s goals, objectives, policies and implementation measures influence the City’s overall form and character.
The Land Use Element describes the present and planned land uses and their relationship to Chowchilla’s long range vision. This Element consists of text, tables, maps and diagrams that outline the future land uses within the City and how these land uses are integrated with the other General Plan elements, objectives, policies and implementation measures. In addition to constituting an action plan for implementation of Chowchilla’s vision, this Element complies with all requirements for General Plan Land Use Elements set forth in California Government Code, Section 65302(a).
The Land Use Element responds to the opportunities and constraints within and adjacent to the 2040 General Plan Planning Area and includes land use classifications, objectives, policies, implementation measures to manage growth and inter-jurisdictional relationships. Critical growth challenges facing Chowchilla include:
❖ Location and timing of efficient growth.
❖ Resist the premature conversion of agricultural lands. ❖ Discourage encroachment upon existing prime agricultural uses. ❖ Enhancement and preservation of the Chowchilla Downtown Business District. ❖ Location of the Chowchilla Municipal Airport and the Chowchilla – Madera County Fairgrounds.
❖ Establishment of an open space corridor and trail network between the urban area and Berenda Reservoir.
❖ Balance economic growth with urban growth.
❖ Emphasize and maintain a “small town” atmosphere.
Page LU-2 City of Chowchilla 2040 General Plan
Land Use Element
To realize Chowchilla’s vision for its future, development and growth within the City and the 2040 General Plan Planning Area as well as the lands within the City’s proposed Sphere of Influence (refer to Figure LU - 1) will be guided and managed by clear objectives, policies and implementation measures consistent with the City’s vision.
These objectives, policies and implementation measures set the framework for this Element. Given that the Land Use Element sets forth objectives, policies and implementation measures for land development and usage, this Element must have strong relationships to other elements contained in this General Plan.
RELATIONSHIP TO OTHER PLANS AND IMPLEMENTATION MEASURES o City of Chowchilla Zoning Ordinance. The Zoning Ordinance establishes zone districts that identify uses within each district which are consistent with the General Plan land use designations. The Zoning Ordinance also establishes development standards for each zone district, which creates the framework for the physical form of the community (e.g., building setbacks, heights). o City of Chowchilla Downtown Master Plan, 2008. Guides land use planning and policy document for Downtown Chowchilla.
o Chowchilla Redevelopment Agency (CDA) Redevelopment Plan. The Redevelopment Plan currently covers approximately 1,428 acres in Chowchilla and was created for the purpose of improving and redeveloping commercial, industrial, and residential areas and supports the production of mixed-income housing in the city.
o Madera County Airport Land Use Compatibility Plan, September 1993. The Chowchilla Airport, a public use, general aviation airport, is located within the Planning Area. The airport operates in accordance with planning and land use procedures and criteria contained in the Airport Land Use Compatibility Plan (ALUCP). This plan establishes planning boundaries for height, noise, and safety around the airport and also determines compatibility of surrounding land uses.
o Madera County Blueprint. The San Joaquin Valley Blueprint is a regional comprehensive vision for growth in the San Joaquin Valley through the year 2050. The San Joaquin Valley Blueprint effort and vision, in part, is based on the linkages between growth, transportation and air quality. The Blueprint process involved eight San Joaquin Valley Council of Governments (COGs), and Valleywide stakeholder interests to develop a vision for future growth that is to be implemented at the regional and local level.1 A “preferred” blueprint scenario was 1 The 8 Council of Governments forming the San Joaquin Valley Council of Governments represent the Counties of San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings and Kern as well as the multiple cities within these 8 counties.
City of Chowchilla 2040 General Plan Page LU-3
Land Use Element
Figure LU - 1
Proposed Sphere of Influence
Page LU-4 City of Chowchilla 2040 General Plan
Land Use Element
o adopted by the San Joaquin Valley Policy Council in April 2009.2 The preferred blueprint scenario adopted by the San Joaquin Valley Policy Council is subject to adoption by the eight San Joaquin Valley COGs and ultimately by all the local agencies within the eight San Joaquin Valley COGs with land use authority for consideration, adoption and implementation.
The preferred blueprint scenario combined individual County-wide target residential and non-residential densities, and average persons / gross acre into a single overall comprehensive plan. The overall San Joaquin Valley Blueprint average density target adopted for new residential development is 6.8 dwelling units / gross acre. The overall combined average population density target is 21 persons / gross acre for new residential development.
For growth in Madera County, the San Joaquin Valley Blueprint average density target adopted for new residential development is 4.7 dwelling units / gross acre.
The combined average population density target is 15.1 persons / gross acre for new residential development.
The City of Chowchilla 2040 General Plan exceeds the adopted San Joaquin Valley Blueprint’s average housing and population density targets adopted for new residential development in Madera County. Overall new residential development within the Planning Area, excluding residential land uses designated ‘urban reserve”, is projected to average 5.5 dwelling units / gross acre. The population density forecasted for new residential development, excluding residential land designated “urban reserve”, is expected to average 16.2 persons / gross acre.
RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS
The Land Use Element establishes the planned land use pattern for Chowchilla based on historic development and the community’s vision for the future. While the Land Use Element influences all elements of this General Plan, it is most closely related to the following:
o The Circulation Element through the identification of the City’s circulation network to facilitate mobility throughout the Planning Area and through policies encouraging alternative modes of transportation such as transit, bicycle and pedestrian circulation.
o The Open Space and Conservation Element through policies encouraging the continued use of agricultural lands and the protection of natural resources land and the integration of sustainable practices.
2 The San Joaquin Valley Policy Council consists of 2 elected officials from each of the 8 Council of Governments represented in the San Joaquin Valley Blueprint process.
City of Chowchilla 2040 General Plan Page LU-5
Land Use Element
o The Public Facilities and Services Element that requires adequate public facilities including water, sewer, storm drainage, police, fire, and government facilities and through policies that encourage coordination with the school districts in the siting and design of school facilities as well as other public facilities.
o The Public Safety Element through policies that support public safety in the planning and operation of industrial, commercial, residential, and public facilities.
Where overlaps in policy issues can be identified, cross-references are provided to alert the reader to the specific policy group of the related elements.
PLANNING AREA ABSORPTION
The 2040 General Plan Planning Area land absorption requirements is based on population growth projections identified in Table I -1, 2010 – 2040 Estimated Population Forecast, found in the Introduction Chapter of this General Plan. The land absorption requirements identified in Table LU - 1 assumes the general continuation of the City’s existing land use “pattern” of diverse residential neighborhoods (albeit more dense) supported by an expansion of commercial and industrial land uses. To keep land prices affordable, the 2040 General Plan land absorption requirements also includes a “market factor” of vacant land equal to approximately 50 percent of its calculated need.
Without the Market Factor the City would develop approximately 8,351 acres in the Planning Area in addition to the existing 3,891 acres within the existing City Limits.
Table LU - 1
Planning Area Land Use / Acreage Absorption Needs
Year Residential
NonResidential2 Market Factor3Public Facility /
Open Space4 Total Land5
2010 91 84 45 41 261
2015 363 336 181 163 1,043
2020 715 662 358 321 2,056
2025 1,171 1,084 586 526 3,367
2030 1,762 1,631 881 792 5,065
2035 2,526 2,339 1,263 1,135 7,263
2040 3,516 3,255 1,758 1,580 10,109
Notes:
1Residential absorption need assumes annual population growth of 5.3% and an average minimum population density of 16.2 persons / gross acre for new residential growth areas. 2Non-Residential absorption need assumes 25% of the City’s Planning Areas will be of nonresidential uses. 3Based on a 50% market land availability factor for residential and non-residential uses combined. 4Absorption need assumes 23% of the Planning Area will be comprised of public facilities and open space.
5Total land absorption acreage identified for each land use category, market factor and year are cumulative aggregates.
Page LU-6 City of Chowchilla 2040 General Plan
Land Use Element
Based on the 2040 General Plan average annual population growth rate of 5.3 percent, the City will need an additional 10,109 acres over this General Plan’s 30 year planning horizon. This basic land need takes into account the 50 percent market availability factor for residential land desired by the City. The 2040 General Plan land absorption requirements based on an annual population growth rate of 5.3 percent coupled with a 50 percent market factor is shown in Table LU - 1, Planning Area Land Use / Acreage Absorption Needs. Table LU - 1 excludes the 1,280 acre Central Valley Women’s Facility and Valley State Prison for Women east of Highway 99.
Table LU – 2 identifies the distribution of land uses within the 2040 General Plan Planning Area by acres and percentage of the 2040 total General Plan Planning Area.
Table LU – 2
General Plan Land Use Distribution
Land Use
Category
Acres
within City
Limits
Acres in
Growth
Area
Subtotal
Existing
Plus
Growth
Area
Percentage
of Land
Use
Urban
Reserve
within
Planning
Area
Remainder
in Sphere
of
Influence
Total
Sphere
of
Influence
LDR 0 0 0 0.00% 0 339 339
MDR 1,162 3,620 4,782 34.18% 2,108 0 4,782
MHDR 309 891 1,200 8.57% 99 0 1,200
HDR 89 763 852 6.09% 70 0 852
MU 0 412 412 2.94% 110 0 412
NC 14 63 77 0.55% 51 0 77
DC 33 0 33 0.24% 0 0 33
SC 216 223 439 3.14% 56 0 439
SC-H 104 652 756 5.40% 0 0 756
MA 11 0 11 0.08% 0 0 11
LI 271 887 1,158 8.27% 0 0 1,158
HI 361 1,140 1,501 10.72% 0 0 1.501
OS 452 521 973 6.95% 222 27 1,000
Park 86 225 311 2.22% 212 0 311
ES 49 123 172 1.23% 96 0 172
MS 0 60 60 0.43% 50 0 60
HS 50 75 125 0.89% 60 0 125
PF 378 210 588 4.20% 23 155 743
Ag 0 0 0 0.00% 0 15,150 15,150
Major Roads 306 366 672 4.80% 274 661 1,333
3,891 10,109 14,000 100% 3,431 16,332 30,332
Open Space includes land along Berenda and Ash Slough, and landscape land along Highway 99 and 152.
City of Chowchilla 2040 General Plan Page LU-7
Land Use Element
Figure LU - 2
Existing Land Use Within 2010 General Plan Planning Area Page LU-8 City of Chowchilla 2040 General Plan
Land Use Element
Figure LU - 3
Distribution of Land Uses in the 2040 General Plan Planning Area Table LU - 3 2040 General Plan Land Use Designations
2040 General Plan Planning Area and Sphere of Influence Land Use
City Limits 2040 Planning
Area
Boundary
Existing
City Plus
2040 growth
Urban
Reserve/Balance
SOI
Total Developed Undeveloped Total
Residential
Low Density Residential (LDR) 0 0 0 0 0 339
Medium Density Residential
(MDR)
987 175 1,162 3,620 4,782 2,056 4,782
Medium High Density Residential
(MHDR)
260 49 309 891 1,200 228 1,200
High Density Residential (HDR) 77 12 89 763 852 62 852
Subtotal 1,324 236 1,560 5,274 6,834 2,346 7,173
Commercial
Mixed Use (MU)2 0 0 0 412 412 110 412
Downtown Commercial (DC) 31 2 33 0 33 0 33
Neighborhood Commercial (NC) 7 7 14 63 77 51 77
Medical Arts (MA) 10 1 11 0 11 0 11
Service Commercial (SC) 70 146 216 223 439 56 439
Service Commercial-Highway
(SC-H)
12 92 104 530 634 0 634
Subtotal 130 248 378 1,228 1,606 217 1,606
Industrial
Light Industrial (LI) 142 129 271 887 1,158 0 1,158
Heavy Industrial (HI) 234 127 361 1,140 1,501 0 1,501
Subtotal 376 256 632 2,027 2,659 2,659
Park & Open Space
Park (P) 37 49 86 225 311 0 311
Open Space (OS) 17 435 452 521 973 27 1,000
Subtotal 54 484 538 746 1,284 27 1,311
Public Facilities
Elementary School (ES) 49 0 49 123 172 0 172
Middle School (MS) 0 0 0 60 60 0 60
High School (HS) 50 0 50 75 125 0 125
Public Facility (PF) 181 197 378 210 588 155 743
Major Roads 250 56 306 366 672 661 1,333
Subtotal 530 253 783 834 1,617 816 2,433
Agriculture
Agriculture (AG) 0 0 0 0 15,150
Subtotal 0 0 0 0 0 15,150
Total 2,414 1,477 3,891 10,109 14,000 3,406 30,332
Notes:
1Excludes developed and undeveloped lands within the Chowchilla City Limits. 2Mixed Use designation allows residential and commercial land uses.
Land Use Element
City of Chowchilla 2040 General Plan Page LU-9
City of Chowchilla 2040 General Plan Page LU-10
Land Use Element
Table LU - 3 2040 General Plan Land Use Designations corresponds to and summarizes the Planning Area and Sphere of Influence boundaries shown in Figure LU - 1, City of Chowchilla Land Use Map (an enlarged 2040 Chowchilla General Plan Land Use Map can be found in the pocket folder located at end of this document), by land use designation. Table LU - 3 identifies the amount of developed and underdeveloped land within the City Limits and the amount of land designated for urban growth in the Planning Area, as well as, agricultural land and the Central California Women’s Facilities and the Valley State Prison for Women located within the City’s Sphere of Influence.
The Planning Area includes land needs beyond the year 2040 time frame. By this inclusion, the City is articulating its long-term growth intentions to avoid potential future land use conflicts, such as the development of animal confinement facilities (i.e., dairies, feedlots, poultry and egg production facilities, etc.) or other potentially undesirable or conflicting land use close to urban uses, subdividing of rural land into small (2 to 5 acre) parcels for residential use in the unincorporated territory, and the location of public facilities such as wastewater treatment plants or airports. Also included are the general alignments of major streets and bridges that will be needed to provide for adequate circulation improvements essential to support the needs of the General Plan land uses and land needs beyond the year 2040 time frame beyond.
Nevertheless, the City remains committed to efficient growth that avoids “leap frog” development and provides a variety of land uses and types of housing to serve all current and future residents. This commitment is particularly important to reserve and protect sufficient industrial land for economic development and job production and not allow encroachment by rural housing development that represents potential land use conflicts.
Beyond the year 2040, the 2040 General Plan designates approximately 3,406 acres “urban reserve” and 15,150 acres “Agriculture”.
Land beyond the Planning Area boundaries, but within the City’s Sphere of Influence is designated Agricultural or Open Space to ensure planned intersections along highways are not commercially developed beyond the City’s planned water and sewer systems, protect major recreation areas (such as Berenda Reservoir) and to discourage rural residential development between the Planning Area and the Chowchilla River and the Burlington Northern Santa Fe railroad corridor. Urban development is to only occur within the City where and when public services and facilities are available.
Secondary Planning Area
An overlay land use of “Secondary Plan Area” is shown. A Secondary Planning Area has been established given the uncertainty of the location of the California High Speed Rail right-of-way and the potential location for the Heavy Maintenance Facility near the City of Chowchilla. Additionally, because in certain conditions associated with the High Speed Rail right-of-way access to Highway 99 using Highway 233 may be constrained in the future and potential alternative routes to substitute for Highway 233 may be constructed west of the existing City connecting with the Plainsburg Interchange which City of Chowchilla 2040 General Plan Page LU-11
Land Use Element
will begin construction in 2010 just north of Chowchilla in Merced County. In each of these conditions the City desires to retain flexibility to address the growth pressures and opportunities that these conditions may bring if implemented. Therefore, the Secondary Planning Area allows conceptual master plans to be approved by the City within these areas if such opportunities should take place. The City will continue to work with the property owners in these areas to ensure that such master plans are well served by public infrastructure and growth is balanced through out the Planning Area.
LAND USE DENSITY / INTENSITY
A General Plan must establish standards of population density, housing density and building intensity for each land use classification. 3 Establishing measurable standards for population assumptions, as well as for housing and non-residential land development assumptions are essential as each General Plan element is mutually dependent on one another. For example, assumptions pertaining to housing densities or the intensity of non-residential uses identified in the Land Use Element serve as the foundation for the Public Facilities and Services Element to identify and address City water and sewer needs. Assumptions pertaining to housing densities or the intensity of non-residential uses are also essential for identifying and addressing circulation needs and improvements, park and open space needs, police and fire personnel staffing levels. In order for financing and improvement plans to function properly, it is important that a range of development be considered, and that development actually occurs within the specified density and / or intensity range. Densities lower than the minimum or higher than the maximum within a designation are not permitted, except in connection with a Planned Development.
To ensure consistency, the Land Use Element establishes policy that sets a minimum and maximum density / intensity range, as well as a “typical” or “average” density / intensity assumption for a given designation. The density / intensity standards described in this General Plan do not guarantee development will be approved at the maximum density or intensity specified for a land use designation. The existence of one or more development constraints could limit the density or intensity of development to less than the maximum allowed under a General Plan designation. Typical examples of such development constraints include, but are not limited to: waterways, irrigation facilities, utility easements, noise constraints, community design requirements, or zoning regulations. The City Zoning Ordinance establishes minimum parcel or lot sizes and basic development standards that may reduce the actual unit yield below the maximum for a given designation. In some cases, new development may not “fit” into the surrounding neighborhood for reasons of bulk, setback, architectural features, etc.
This is often a concern with in-fill development, and the City will review each development project on a case-by-case basis. In some cases, a Planned Development Zoning District will be needed to achieve the maximum allowable density. 3 California Government Code, Section 65302(a).
Page LU-12 City of Chowchilla 2040 General Plan
Land Use Element
Residential Uses
Standards of development for residential uses are stated as the allowable range of dwelling units per gross acre. Each residential land use designation establishes a minimum and maximum density, expressed in the number of homes (dwelling units) per gross acres which are reflected in Table LU – 4, Land Use Density and Intensity. Each residential land use designation also identifies an average or typical density / gross acre. A gross acre includes not only the area required for the actual residential use (dwelling and yard), but also the area required for local streets and utilities necessary to serve the residential area. Existing or planned arterials, major collectors or minor collectors identified in the 2040 General Plan Land Use and Circulation Maps are not included in the land use gross acreage. Uses such as a neighborhood park or a community park, school, or other uses that serve the residential neighborhood or community at large are also not included in the gross acreage.
Non-Residential Uses
Standards for non-residential uses are specified as maximum floor area ratios (FARs).
A floor area ratio is the permitted ratio of the gross building square footage on a parcel (lot) to the net square footage of the parcel (lot). The FAR regulates building bulk while allowing flexibility in determining the height and placement of the building on the lot consistent with the City Zoning Ordinance.
For example, a 10,000 square foot net
parcel (lot) with a FAR of 1.0 would
allow 10,000 square feet of gross
building floor area to be constructed,
regardless of the number of stories in
the building. If on the same 10,000
square foot net parcel (lot) the FAR was
0.50, then the maximum square feet of
gross building floor area that could be
constructed would be 5,000. Each nonresidential land use designation establishes a minimum and maximum
FAR, expressed in the amount of
building square footage / gross acres.
Each non-residential land use
designation also identifies an average
or typical building square footage /
gross acre. Required building setbacks
and height restrictions, parking
requirements, landscape improvements
will also influence building
configurations and total lot coverage.
Building floor area ratios for each non-residential land use designation are shown in Table LU – 4, Land Use Density and Intensity.
City of Chowchilla 2040 General Plan Page LU-13
Land Use Element
Planned Development
Through a “planned development” process, a project proponent can approach the City with a concept that may alter conventional zoning requirements and / or development standards, and incorporate higher densities, mixed uses, and / or a variety of residential types. In a planned development, housing units could be clustered around large open space areas or other amenities resulting in higher localized densities, so long as the average density for the entire project site does not exceed the General Plan land use designation density maximum.
Implementation of the planned development concept is addressed through the City Zoning Ordinance. If the City agrees to the development concept, the project-specific Planned Development zoning can be approved. A Planned Development Zoning District will be necessary to achieve higher density ranges specified for the underlying Land Use designation. The City has established a list of expected project components necessary to initiate discussion on Planned Development applications. The City’s Zoning Ordinance contains a specific list of requirements that the project proponent must address in a Planned Development application. Generally they include:
❖ Overall density and intensity of the project;
❖ Design of the project components including bulk of buildings, varying setbacks, architectural features, parking and storage requirements; ❖ Access requirements;
❖ Impact on surrounding uses;
❖ Incorporation of amenities into the project or identification of other tangible benefits to the community to justify the requested density or deviation from adopted standards; and
❖ Timing of development.
It is not the intent of the City to use the planned development process as a means of reducing lot sizes, or other development standards, without some increase in amenities and control over the design and quality of the project.
Population
Population density is obtained by applying the average persons / household set annually by the California Department of Finance and refined to match the housing types allowed under the various residential land use designations. Population / household estimates for each residential land use designation are shown in Table LU - 1, Planning Area Land Use / Acreage Absorption Needs. Since the City does not regulate the number of persons per household, a minimum and maximum population range / gross acre is provided for each residential land use designation. An average or typical population estimate / gross acre for each residential land use designation are also provided to ensure that public facilities and services can be planned appropriately.
Page LU-14 City of Chowchilla 2040 General Plan
Land Use Element
LAND USE DESIGNATIONS
All land within the General Plan Area is given a land use designation. The General Plan land use designations are identified in Figure LU - 3, City of Chowchilla 2040 General Plan Land Use Map (an enlarged 2040 Chowchilla General Plan Land Use Map can be found in the pocket folder located at end of this document). Each land use designation may allow one or more zoning district to be consistent within a given land use designation. The description for each land use designation listed on is intentionally broad to allow flexibility in project planning.
Residential Designations
The 2040 Chowchilla General Plan Land Use Map includes four specific residential land use designations plus an additional land use designation (Mixed Use) that identify areas appropriate for housing. The four specific residential land use designations and the Mixed Use land use designation range in density and intensity from less than 1 unit to 30 units per gross acre.
The specific residential designations are intended to:
o Identify areas throughout the General Plan Area that is acceptable for housing; o Clarify the overall type of housing to be developed within each category; and o Allow for a mixture of housing types, lot sizes and affordability.
LDR, Low Density Residential: 0.1 – 2.0 dwelling units / gross acre The Low Density Residential (LDR) designation serves as a transition between the urban environment and the surrounding agriculture. This designation allows for parcels of one-half acre or larger in size where residents desire the proximity and amenities of urban life, yet are able to enjoy some of the benefits of a more rural environment.
Property designated Low Density Residential typically consist of a single family home on large “estate-style” or “ranchette” parcel. The minimum parcel size in this designation is 20,000 square feet. Except in extraordinary circumstances, it is not expected that parcels greater than one acre in size would be developed within the City limits. Typical development in this land use designation is one-dwelling unit per gross acre.
MDR, Medium Density Residential: 2.0 – 12.0 dwelling units / gross acre The Medium Density Residential (MDR) designation is intended to promote single family residential neighborhoods typically found in an urban setting. Individual lot sizes generally range from 5,000 to 12,000 square feet in size. Densities may range from a minimum of 2 to a maximum of 12 dwelling units / gross acre. The typical single family neighborhood development in this land use designation is six (6) dwelling units per gross acre. Under a Planned Development Zoning District, smaller lot sizes may be permitted when clustered around an open space amenity, such as a golf course or lake, major park facility, open space areas accessible to the public, or City of Chowchilla 2040 General Plan Page LU-15
Land Use Element
any combination of amenities. Neighborhood amenities such as parks, schools and religious assemblies are encouraged.
MHDR, Medium Density Residential: 12.0 – 20.0 dwelling units / gross acre The Medium High Density Residential (MHDR) designation encourages a variety of detached and attached single-family and multi-family (i.e., duplex, triplex, fourplex) residential uses. Housing densities in this designation may range from a minimum of 12 to a maximum of 20 dwelling units / gross acre. Typical development in this land use designation is 14 units per gross acre. Housing types such as zero lot line, patio / courtyard home or townhome may be permitted on lot sizes ranging from 4,000 to 6,000 square feet as a planned unit development. Newly created lots for duplex, triplex or low density apartment complexes are expected to be approximately 6,000 square feet minimum with the number of units per lot based on 3,000 square feet of area for each dwelling unit. Existing, non-conforming lots may also be developed at 3,000 square feet of lot area for each dwelling unit.
This designation is encouraged for in-fill development in existing neighborhoods.
Development in this designation should be conveniently served by neighborhood commercial and recreational centers and have access to collector or arterial streets.
Neighborhood amenities such as parks, schools and religious assemblies are encouraged in this designation.
HDR, High Density Residential: 20.0 – 30.0 dwelling units / gross acre The High Density Residential (HDR) designation encourages a variety of multi-family residential uses. Housing types encouraged include patio / courtyard homes, town homes, apartments and condominiums. Densities within this designation range from a minimum of 20 to a maximum of 30 dwelling units / gross acre. Typical development in this land use designation is 24 dwelling units per gross acre.
For new lots created by a parcel map or subdivision process, the minimum lot area shall be 6,000 square feet and the number of units per lot shall be based on 3,000 square feet of area for the first dwelling unit, 1,500 square feet for each second through sixth unit and each additional unit over six units shall require 1,000 square feet of lot area.
Open space, equaling 25 percent of the project total square footage and required offstreet parking facilities is required. Existing non-conforming lots may be developed at the same square footage formula of lot area for each dwelling unit. Development in this designation should be conveniently served by commercial, employment and recreational centers, and have access to collector or arterial streets.
COMMERCIAL DESIGNATIONS
The General Plan includes four specific commercial land use designations plus an additional land use designation (Mixed Use) that identify areas appropriate for commercial development. The four specific commercial land use designations and the Mixed Use land use designation range in density and intensity from a minimum FAR of
0.20 to a maximum of 3.0.
Page LU-16 City of Chowchilla 2040 General Plan
Land Use Element
Specific land uses described in each classification identified below as well as for the Mixed Use designation discussed above under “Residential Designations” are cited as examples of typical uses and should not be considered a comprehensive list of allowable or conditional uses. The City Zoning Ordinance establishes allowable uses, uses approved through administrative action, and conditional uses for each zone district. A minimum / maximum FAR range and a typical FAR are provided for each commercial land use designation. The typical FAR is used to calculate anticipated lot coverage and land need, infrastructure improvements, and employment opportunities.
MU, Mixed Use Development: 10.0 – 30.0 dwelling units / gross acre; 0.60 – 3.0 FAR non-residential building square feet / gross acre
The Mixed Use (MU) designation is land use category is designed to provide the potential to accommodate either residential or commercial or both residential and commercial uses in a well-planned, mixed-use development. Commercial structures and uses shall be developed according to a planned development plan and shall be arranged as a unified development, which may resemble a shopping center, a shopping mall, traditional downtown shopping street (“Main Street”), business park with a combination of offices, research facilities, light industrial/supply uses, or similar activity centers. Appropriate commercial uses include retail businesses, professional service offices, and other customer-oriented businesses.
The residential density in this category shall not exceed 30 units per acre (approximately up to 85 persons per acre). For residential uses, the typical development within this land use category is 16 dwelling units per gross acre. The FAR for non-residential uses within this land use category may range from 0.60 to 3.0 with a typical FAR of 1.0. Building structures within this land use designation shall have a maximum height of five stories.
Development of land designated Mixed Use are to be carefully planned to ensure that the benefits of mixed use development are fully realized, and the potential negative impacts of one use or another are minimized. Subdivision or partial development of any land within this category shall not be approved until a planned development plan for full development of the designated Mixed Use property has been reviewed and approved by the City. Planned Development plans and subdivision maps may be processed concurrently. A minimum of 30 percent of the full development of the overall designated Mix Use property shall be devoted to residential uses averaging planned build DC, Downtown Commercial: 0.25 – 3.0 FAR
The Downtown Commercial (CD) designation is limited to the City’s Downtown District.
The City’s Downtown District has its own unique character as a quasi pedestrianoriented, concentrated area of retail, service and offices uses. Future development should enhance the vitality of the Downtown District. Over time the Downtown District will evolve into a more unique and focused commercial and service orientated center of the community, while retaining a diversity of commercial and residential uses. Mixed use (incorporating Multi-family residential on the second floor of structures) may also be permitted in the Downtown Commercial land use designation. Higher intensity development should be encouraged in the District than in other areas of the City. Public City of Chowchilla 2040 General Plan Page LU-17
Land Use Element
parking availability and access are essential for full development of the downtown area.
The City’s Downtown Master Plan further guides development and sets-forth specific design and development standards. Ultimately the FAR and use may be constrained by the amount and location of available parking, particularly with office development. A typical FAR under this designation is 1.0.
NC, Neighborhood Commercial: 0.20 – 0.60 FAR
The Neighborhood Commercial (NC) designation allows for convenience commercial and neighborhood shopping centers that serve one or more neighborhoods.
Neighborhood shopping centers may provide a range of necessary day-to-day retail goods and services serving a localized market and may include multiple anchor tenants such as a grocery – drugstore combination. The neighborhood shopping center may also include number and / or variety of smaller tenant stores. Scale rather than use, distinguishes areas serving a neighborhood verses a community-wide market.
Neighborhood shopping centers are to be planned / designated on a single corner of the intersection of two Collector streets or an Arterial and Collector street at approximately one-mile intervals. Street and parking lot landscaping is required to promote a pleasing visual environment and to integrate the neighborhood shopping center with the balance of the surrounding neighborhood or neighborhoods. This land use designation is intended for a site no larger than 12 acres in size. Typical FAR under this designation is 0.30.
SC, Service Commercial and SC-H Service Commercial-Highway: 0.15 – 0.60 FAR The Service Commercial (SC) designation allows for a broad range of commercial uses that serve multiple neighborhoods, and, to some extent, the City and the region.
Typically, Service Commercial development is integral with and forms a commercial concentration with surrounding offices, possibly regional commercial uses, as well as medium to high density residential development that is served by a combination of Collector and Arterial streets. Along Robertson Boulevard, between Maze Avenue and First Street, high density residential development such as patio / courtyard homes, town homes, apartments and condominiums may be considered on a case by case base for this designation.
Service Commercial-Highway (SC-H) uses allowed under this designation include freeway (travel) oriented businesses, businesses which have both retail and service components, and other businesses which can be located in a commercial area and not create a nuisance or interfere with normal commercial activities. In locations close to intensive urban uses, Service Commercial uses can include Neighborhood Commercial uses, auto sales, service stations, and motels. In locations less subject to public view and urban influences, the uses can include auto repair, building material supply, warehousing, wholesale trade, contractors, suppliers, equipment yards and other similar uses.
Business parks which are designed as clusters of buildings containing offices, warehouses and storage areas are also allowed under this land use designation.
Business parks should be master planned and include extensive landscaping and Page LU-18 City of Chowchilla 2040 General Plan
Land Use Element
screening from surrounding uses. Street and parking lot landscaping will be required and maintained to promote a pleasing visual environment. Uses within this designation would usually be conducted entirely within a building, with outside storage screened and / or blocked from public view. Outside storage of unprocessed raw material or large industrial equipment would not be appropriate in a Service Commercial land use designation. Service Commercial designated areas could range in size from 6,000 square feet to 20 acres with a typical FAR of 0.20. Existing Service Commercial designations, typically in the downtown area, could be as small as 3,500 square feet.
MA, Medical Arts: 0.25 – 0.50 FAR
The Medical Arts (MA) designation is a limited designation for the placement of land uses almost entirely devoted to the practice of medical arts such as doctors, dentists, therapists, laboratories, clinics, medical or patient care facilities, and similar uses. While these uses may be allowed in other commercial land use designations, this designation is used where it may be surrounded by residential uses or in a Planned Unit Development project. Medical Arts designated areas could range in size from 6,000 square feet to 20 acres with a typical FAR of 0.40.
INDUSTRIAL DESIGNATIONS
The General Plan includes two industrial land use classifications. Specific land uses described in each classification are cited as examples of typical uses and should not be considered a comprehensive list of allowable or conditional uses. The City Zoning Ordinance establishes allowable uses, uses approved through administrative action, and conditional uses for each zone district. A minimum / maximum FAR range and a typical FAR are provided for each Industrial land use designation. The typical FAR is used to calculate anticipated lot coverage and land need, infrastructure improvements, and employment opportunities.
LI, Light Industrial: 0.15 – 1.50 FAR
The Light Industrial (LI) designation is intended for light industrial operations, and could include large office uses. Uses may include light manufacturing, warehousing, public and quasi-public facilities and operations, offices and administration facilities, research and development, and support business and commercial facilities. This land use designation is characterized by high truck traffic, greater employment density and significant on-site material storage needs. Uses would be conducted mostly within buildings or structures with some outside storage or activity permitted. Uses not permitted within this designation are those that require open air storage of large quantities of raw or semi-refined products. Retail uses are discouraged in this category, but may be permitted as a supplemental use to a permitted use.
The Light Industrial or Service Commercial land use designation is an appropriate land use between residential or other sensitive land use types (i.e., school, convalescent care facility, etc.) and heavy industrial uses where minimal environmental conflicts can be demonstrated between the use and adjacent residential development. To the extent allowed by parcels, development within this land use designation is typically City of Chowchilla 2040 General Plan Page LU-19
Land Use Element
characterized by landscaped street frontages and a business park setting. The typical FAR for this designation is 0.30.
HI, Heavy Industrial: 0.10 – 1.50 FAR
The Heavy Industrial (HI) designation allows for industrial parks, manufacturing, truck terminals, public or quasi-public facilities and structures, including utility operations, fabrication, processing, assembling, warehousing, wholesale sales, research and development activities, and major regional recreation facilities that may include large building, grandstands, outdoor venues and associated commercial operations supporting the activities. This land use designation differs from Light Industrial in that outside processing and storage of materials may be permitted. Incidental retail uses which have a direct relationship to the industrial use or meet the day to day needs, such as food and fuel for employees working in the area or serve regional recreation facility customers may be permitted by obtaining the appropriate use permit(s). Due to potential land use conflicts, Heavy Industrial designated lands should be buffered from residential and other sensitive land use types (i.e., school, convalescent care facility, etc.) by Light Industrial or Service Commercial designated areas, or by large open spaces. Care needs to be taken in designating new Heavy Industrial areas to ensure that new land use conflicts are not created. The typical FAR for this designation is 0.20.
The FAR may be limited in the vicinity of the Chowchilla Airport due to airport safety regulations.
OTHER LAND USE DESIGNATIONS
Other land use designations are used to identify public and quasi public facilities, or land that is not intended for intensive development, including agricultural land in the City used as a buffer area to potentially conflicting land uses (airport clear or approach zones). In some instances, the designation is used to identify lands belonging to another governmental agency over which the City has limited land use control.
Examples of this include schools, prisons, State transportation facilities, and the Chowchilla Fairgrounds.
AG, Agriculture: 0.01 – 0.05 dwelling unit / gross acre The Agricultural (AG) designation is limited in scope and purpose within the City’s General Plan. This designation provides for the managed production of natural resources and agricultural land intended to remain in production during the General Plan planning period. The primary reason for the designation is to provide a buffer between sensitive and potentially conflicting land uses and to set aside land for the construction of future highway interchanges along Highways 99 and 152. Land included in this designation should be of sufficient size to allow for economically viable agricultural production. While incidental residential and associated out-buildings may be permitted, residential development is discouraged in this land use designation.
Agriculture-related commercial or industrial uses are not permitted in the Agriculture designation. The typical residential development on land use designation is 0.02 dwelling units per gross acre.
Page LU-20 City of Chowchilla 2040 General Plan
Land Use Element
OS, Open Space: 0.01 – 0.10 FAR
The Open Space (OS) designation set asides land for the conservation and management of natural resources, establishment of recreation corridors, management of land for public health and safety (i.e., flood control, noise attenuation, utility corridor, etc.) and for the establishment of landscape corridors. Land uses appropriate for this designation include, but not limited to, wildlife and ecologically-sensitive habitat, waterways, golf course, pedestrian / bicycle trail corridor, landscape highway and parkway corridors. An additional form under the Open Space designation is Golf Course (GC). Land designated Open Space may be publicly or privately owned and / or maintained. No residential development is permitted on land designated Open Space.
The FAR for non-residential uses shall not exceed 0.10.
Parks
The park designation provides for multiple recreational opportunities. The Park designation has two distinct forms: Neighborhood Park (P) and Community Park (CP).
The actual size and location of existing parks are identified in the 2040 General Plan Land Use Map. Planned and future parks are identified in the 2040 Chowchilla General Plan Land Use Map as a “floating” rectangle block designation representing a conceptual size and general location. The underlying land use would prevail should the location be altered. The exact size and location of the park is to be determined at the master plan / specific plan stage of a development; or at the tentative subdivision map stage, if the development is not within one of the General Plan Growth Areas identified in the General Plan. The exact size and location of the park shall be consistent with park standards set forth in the Open Space and Conservation Element of this General Plan.
Neighborhood parks are strategically located throughout the City for the purpose of serving residential neighborhoods within walking or biking distance. Community parks are larger facilities that service multiple neighborhoods and the whole of the City. While smaller parks (e.g., pocket park, mini-park) are permitted in residential neighborhoods, Downtown District, as well as in areas designated Mixed Use, they do not replace the need or purpose of neighborhood park sites identified in the 2040 Chowchilla General Plan Land Use Map.
PF, Public Facilities: 0.10 – 1.0 FAR
The Public Facilities (PF) designation is applied to the City’s major public and private institutional uses including, but not limited to, community facilities, school facilities, libraries, cemeteries, wastewater treatment facilities, storm drainage basins, water recharge areas, public safety facilities (fire and police), public transportation and public works facilities, Chowchilla Madera Fairgrounds, government buildings, and other similar public uses and facilities on property owned and / or operated by a local, state or federal agency.
The City of Chowchilla 2040 General Plan Land Use Map identifies the specific locations of existing major public facilities. Except for sites that have been acquired, the General Plan Land Use Map only identifies the general location of future public or City of Chowchilla 2040 General Plan Page LU-21
Land Use Element
institutional uses in the area they will be needed. While larger public facilities are identified as “PF”, smaller public facilities such as sewer lift stations, water wells and substations, etc., may be located in any land use designation. Selection of specific sites is the responsibility of the applicable governmental agency and / or private institution serving the Chowchilla area. Schools similar to parks are considered “floating” designations representing a conceptual size and general location. The underlying land use would prevail should the location be altered.
The Public Facilities designation on the 2040 General Plan Land Use Map for any future public or institutional site that has not been acquired shall not be construed to limit the existing or future use of the designated land. The predominant land use designation surrounding any property designated for public facilities shall be used to determine the potential use of the property prior to its acquisition by the applicable governmental agency or private institution. Due to the nature of this designation, it is not possible to determine a typical FAR.
UR, Urban Reserve
An Urban Reserve (UR) designation preceding an accompanying land use designation indicates the ultimate land use for the area depending on the growth needs and availability of urban services and infrastructure. Land designated UR indicates land that has one or more significant constraints to development such as adequate transportation facilities, lack of adequate planned sewer connection to, or treatment capacity at, the City wastewater treatment facility.
It is anticipated that some areas designated Urban Reserve may develop within the year 2040 time horizon of this General Plan. However, land designated UR is to remain in agriculture until such time as it can be demonstrated that sufficient land designated for residential, commercial, or industrial uses is no longer available or market factors warrant removing land from agricultural use. Additional planning, environmental and feasibility studies will be required prior to the annexation and development of these areas. UR designations outside of the Planning Area relate to Master Plans that were submitted during the preparation of the 2040 General Plan that extended beyond the Planning Area Boundary. The Master Plans identified integrated development plans that could be implemented should the demand for such development in that portion of the City be warranted and feasible. Implementation of such Master Plans and movement beyond the Planning Area Boundary would have to be justified by a lack of available, developable land within the existing Planning Area Boundary and the availability of sufficient infrastructure to accommodate the proposed development.
Agricultural uses are permitted on property designated Urban Reserve and shall be considered transitional; meaning that any agricultural uses eventually will be replaced by permanent urban development. Public facilities
Page LU-22 City of Chowchilla 2040 General Plan
Land Use Element
ZONING CONSISTENCY
While the Land Use Element specifies a range of unit densities per acre, the City of Chowchilla Zoning Ordinance regulates specific development standards within the permitted density range. Under a given land use designation, several different development zones may be appropriate. Table LU – 4 provides a listing of “typical” Zoning Districts for each General Plan land use designation. The City of Chowchilla Zoning Ordinance is, in most instances, hierarchical in that uses of a lower intensity zone are usually allowed in the next more intensive zone. To allow for this, the residential unit per acre ranges overlap, as do the floor area ratios for commercial and industrial designations.
GENERAL PLAN GROWTH AREAS
General Plan Planning Area is divided into 16 growth areas – “Existing City”, “California Women’s Correctional Facilities”, “Wastewater Treatment Plant”, and 13 designated growth “Sub Areas”. See Figure LU - 4 The purpose of the designated growth areas (Sub Areas) is to guide growth development within the City strategically based on infrastructure availability and market conditions.
Development with the Sub Areas require the preparation and adoption of a master plan or specific plan to ensure coordinated development and infrastructure. The master plans and specific plans are to be consistent with the General Plan and City Zoning Code. Each master plan or specific plan will be required to follow the guidelines established in this General Plan.
It is recognized that land use designations may be refined or “blended” within a defined Growth Area as long as the acreage, overall residential densities and / or nonresidential FARs, circulation network, and public facilities and services have been meet.
Each specific plan or master plan must identify phasing of development, commitment and financing of public facilities and services, and circulation improvements. In addition, the specific plan or master plan must demonstrate compact development, commercial centers within walkable distances serving the daily needs and services of the residents, programs for affordable housing, integration of parks and open space and market demand for development.
Applicable land use designations, acreage, residential densities, non-residential FARs and public facilities for each Growth Area are identified in Table LU - 5, Growth Area Land Use Summary. The number of potential residential units and non-residential building square footage in Table LU - 5 are based on typical residential density and typical building floor area ratio assumptions used in the modeling for the 2040 General Plan. While these build-out assumptions do not represent the maximum allowed by the 2040 General Plan, they are thresholds that if exceed may require further review and analysis.
Table LU – 4 Land Use Density and Intensity
Land Use Designation
Unit Density Floor Area Ratio Population / Gross
Acre Minimum Lot Size
Sq. Ft.
Typical Zone District
min typ max min typ max min typ max
Residential
LDR, Low Density Residential 1.0 1.5 2.0 0.40 3.2 4.8 6.4 8,000 R-L, Low Density Residential MDR, Medium Density Residential 2.0 6.0 12.0 0.50 6.4 19.2 38.4 5,000 R-M, Medium Density Residential MHRD Medium High Density Residential 12.0 14.0 20.0 0.50 33.6 39.2 56.0 3,000 R-MH, Medium High Density Residential
HDR, High Density Residential 20.0 24.0 30.0 0.50 56.0 67.2 84.0 6,000 R-H, High Density Residential MU, Mixed Use 10.0 16.0 30.0 0.25 0.30 0.60 28.0 44.8 84.0 1 acre MX, Mixed Use Commercial
DC, Downtown Commercial 0.25 1.0 3.0 0 MX-D, Downtown Mixed Use NC, Neighborhood Commercial 0.20 0.30 0.60 0 C-N, Neighborhood Commercial SC, Service Commercial 0.15 0.20 0.60 0 C-S, Service Commercial SC-H Service Commercial Highway 0.15 0.20 0.60 0 C-H, Highway Commercial MA, Medical Arts 0.25 0.40 0.50 6,000 O, Office
Industrial
LI, Light Industrial 0.15 0.30 1.50 0 I-L, Light Industrial HI, Heavy Industrial 0.10 0.20 1.50 0 I-H, Heavy Industrial Other
PF, Public Facilities 0.10 1.00 PF, Public Facilities
AG, Agriculture 0 0.05 0.05 0.01 0.05 0 0.16 0.16 5 Acres N/A OS, Open Space 0.01 0.10 0 OS, Open Space
PF, Public Facilities
P, Neighborhood Park 0 PF, Public Facilities
CP, Community Park 0 PF, Public Facilities
GC, Golf Course 0.01 0.10 0 OS, Open Space
UR, Urban Reserve 0 <1 <1 0.01 0.01 0 <1 <1 5 acres N/A Notes:
1Units per Acre;
2Floor Ratio of Building Area to Individual Lot;
Land Use Element
City of Chowchilla 2040 General Plan Page LU-23
General Plan Sub-Areas
Figure LU - 4
City of Chowchilla 2040 General Plan Page LU-25
Table LU - 5
Growth Area Development Targets
Sub Area Acreage Dwelling Units Industrial/Commercial SqFT Park Acres 1 511 936 348,262 15
2 684 1,944 235,224 30
3 1,015 3,316 805,860 45
4 633 3,580 47,916 45
5 253 1 155,945 0
6 247 1,190 1,031,936 16
7 748 1,860 196,020 24
8 2,092 0 5,287,531 0
9 1,047 3,435 1,404,157 43
10 624 1,464 0 19
11 634 1,328 117,612 19
12 604 1,930 3,777,523 22
13 1,017 2,441 1,625,441 33
Total Sub Areas 10,109 23,425 15,033,427 311
Existing City
There are but a few remaining areas within the existing City Limits that are not developed. Areas that remain to be developed include commercial and industrial areas along the Highway 99 corridor and a portion of an industrial park along East Palm Parkway. A small commercial are toward the southwestern City Limit also remains undeveloped.
Since this area includes the City’s oldest residential neighborhoods and commercial areas, redevelopment
is the preeminent
activity in this area.
Density increases in
residential areas
undergoing
redevelopment will
provide an opportunity
for additional housing
and improved land
utilization. The
Chowchilla Downtown
Master Plan defines
the architectural
character, type of
development including
mixed uses and
specific development
standards for City’s
Downtown Area.
Page LU-26 City of Chowchilla 2040 General Plan
Neither new development nor redevelopment within the existing City Limits is restricted by wastewater treatment capacity at the existing facility. Nevertheless, all new development and redevelopment projects within the existing City Limits is required to participate in the financing to relocate and construct a new residential / commercial wastewater treatment plant west of the City.
Reconstruction of the Highway 99 / Highway 233 (Robertson Boulevard) interchange is essential to serve the build-out of the City and the General Plan Growth Areas. • The Rancho Calera Specific Plan Area is included in the Existing City as the plan and infrastructure enhancement program has been in process for a number of years and is associated with other adjacent developed/developing residential and commercial uses.
Planning Sub Area 1
Sub Area 1 is located to the north of the existing City and across Ash Slough. This Sub Area is considered a future growth area when a major wastewater trunk line lines is extended across Ash Slough along the Sunset Avenue alignment. Cessation of the existing major dairy operation is necessary for growth in this Sub Area to avoid substantial land use conflicts. Transportation linkages will require improvement with a new bridge across Ash
Slough (Santa Cruz
Avenue/West Penny
Lane, a bridge at 3rd
Street with a major
collector connecting to
Kings Avenue and
Robertson Blvd.) an
overcrossing at UPRR
and Highway 99, and at
the Highway 99 /
Minturn interchange.
The Highway 99 /
Minturn interchange will
have to be
reconstructed to provide
for the railroad crossing
and increased traffic
from this Sub Area and Sub Areas to the east in the long-term. Access to the east side of Highway 99 will be provided by East Penny Lane overcrossing. This Sub Area will be required to participate in these major facilities. This Sub Area will contribute to the construction of the bridge crossing Ash Slough at North Santa Cruz Avenue as well as improvements to the existing bridge over Ash Slough at Dairy Lane. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
City of Chowchilla 2040 General Plan Page LU-27
Many of the City’s northern loop roads cross this area and the connection to the Minturn interchange will help balance circulation as the City grows. Costs of major intersection traffic signalization will be shared by all development within this Sub-Area. It is possible that transportation improvements in this Sub-Area will precede major new development even though wastewater trunk lines may be installed to serve Sub Areas to the east.
Other public improvements such as water wells, water storage, and regional drainage basins will be required to serve new development within the Sub-Area. Because of the distance to existing fire stations a Public Safety Facility is required toward the south central boundary of this Sub-Area.
Planning Sub Area 2
This Sub Area is immediately west and north of the existing City. Growth in this Sub Area is subject to the new wastewater treatment plant coming on-line and construction of a new sewer trunk line along Sierra View Avenue.
The City has received proposals for annexation from the land owners nearest the City in this Sub-Area. These requests are being processed as Annexations 3 and 4.
Annexation proposals in this Sub Area are required to prepare master plans for development. Sierra View Boulevard (Avenue 24) is the proposed east/west alignment of a new major trunk line sewer line. This Sub Area is to the north of the new major trunk line and would have to extend the line a substantial distance to receive service.
Growth in this Sub Area would depend on cooperation with the land owners in Sub Area 3 for the alignment of the new north/south major sewer line to serve Sub Area 2.
Special studies would be
required to determine if
capacity is available to
serve only a small portion
of the development
planned proximate to the
existing City Limits. Storm
drainage facilities will
have to be planned and
developed in connection
with the initial stages of
development consistent
with the City’s Stormwater
Master Plan.
A new public service
facility (fire station) will be
required in Sub Area 3 to serve this Sub Area. Internal circulation within this Sub Area with be a combination of north/south and east/west major streets. Howell Road (a minor collector street) and will be redesigned to tend toward the southwest to create a more balance circulation system. This Sub Area will contribute to the construction of the bridge crossing Ash Slough at North Santa Cruz Avenue as well as improvements to the existing bridge over Ash Slough at Dairy Lane. Access to Highway 99 is best Page LU-28 City of Chowchilla 2040 General Plan
served by the reconstruction of the Minturn Interchange and the grade separation of UPRR. Access to the east side of Highway 99 will be provided by East Penny Lane overcrossing. This Sub Area will be required to participate in these major facilities.
Completion of East Sierra View Boulevard (Avenue 24) between Highway 233 (Robertson Boulevard) and South 15th Street (Road 15 ½) will be required along with contribution to the new bridge of Berenda Slough to make a direct connection to East Sierra View Boulevard (Avenue 24) to the east. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
Planning Sub Area 3
This Sub Area is immediately west of the existing City. Growth in this Sub Area is subject to the new wastewater treatment plant coming on-line and construction of a new sewer trunk line along Sierra View Avenue.
The City has received proposals for annexation from the land owners nearest the City in this Sub-Area. These requests are being processed as Annexations 3 and 4.
Annexation proposals in this Sub Area are required to prepare master plans for development. Sierra View Boulevard (Avenue 24) is the proposed east/west alignment of a new major trunk
line sewer line. This
Sub Area is to the
north of the new
major trunk line and
would have to define
the alignment of the
north/south line in
cooperation with the
City and property
owners to the south
to receive service. It
is anticipated that
growth in this Sub
Area would proceed
growth in Sub Area 2
because of the cost
and complexity of
extending the north/south sewer line through non-urban land.
Storm drainage facilities will have to be planned and developed in connection with the initial stages of development consistent with the City’s Stormwater Master Plan.
A new public service facility (fire station) will be required in this Sub Area (near the intersection of West Robertson Blvd and West Sierra View Avenue) before substantial growth would be permitted.
South Santa Cruz Avenue is a major arterial street that crosses this Sub Area. It function is to provide connection between Highway 152 and land east of Highway 99 City of Chowchilla 2040 General Plan Page LU-29
providing an alternative route to Robertson Blvd. which will be at capacity mid-way through the General Plan Planning Period. This Sub Area will contribute to the construction of the bridge crossing Ash Slough at North Santa Cruz Avenue as well as improvements to the existing bridge over Ash Slough at Dairy Lane. Access to Highway 99 is best served by the reconstruction of the Minturn Interchange and the grade separation of UPRR. Access to the east side of Highway 99 will be provided by East Penny Lane overcrossing. This Sub Area will be required to participate in these major facilities. Completion of East Sierra View Boulevard (Avenue 24) between Highway 233 (Robertson Boulevard) and South 15th Street (Road 15 ½) will be required along with contribution to the new bridge of Berenda Slough to make a direct connection to East Sierra View Boulevard (Avenue 24) to the east. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
Planning Sub Area 4
This Sub Area is immediately southwesterly of the existing City and is not adjacent to the existing City Limits. Growth in this Sub Area is subject to the new wastewater treatment plant coming on-line and construction of a new sewer trunk line along Sierra View Avenue.
The City has received proposals for annexation from some of the land owners in this Sub-Area. Annexation proposals in this Sub Area are required to prepare master plans for development. In order for this area to be annexed, urban growth in the existing City would have to extend southwesterly to create a contiguous annexation. Sierra View Boulevard (Avenue
24) is the proposed
east/west alignment of
a new major trunk line
sewer line. This Sub
Area is adjacent to the
new major trunk line
and planning for this
Sub Area would define
the connection point
and to some degree
the alignment of the
north/south line
serving Sub Areas to
the north in
cooperation with the
City and property
owners to the south.
Storm drainage facilities will have to be planned and developed in connection with the initial stages of development consistent with the City’s Stormwater Master Plan.
Page LU-30 City of Chowchilla 2040 General Plan
A new public service facility (fire station) will be required in this Sub Area (near the intersection of West Robertson Blvd and West Sierra View Avenue) before substantial growth would be permitted.
South Santa Cruz Avenue is a major arterial street that crosses this Sub Area. It function is to provide connection between Highway 152 and land east of Highway 99 providing an alternative route to Robertson Blvd. which will be at capacity mid-way through the General Plan Planning Period. This Sub Area will contribute to the construction of the bridge crossing Ash Slough at North Santa Cruz Avenue as well as improvements to the existing bridge over Ash Slough at Dairy Lane. Access to Highway 99 is best served by the reconstruction of the Minturn Interchange and the grade separation of UPRR. Access to the east side of Highway 99 will be provided by East Penny Lane overcrossing. This Sub Area will be required to participate in these major facilities. Completion of East Sierra View Boulevard (Avenue 24) between Highway 233 (Robertson Boulevard) and South 15th Street (Road 15 ½) will be required along with contribution to the new bridge of Berenda Slough to make a direct connection to East Sierra View Boulevard (Avenue 24) to the east. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
Planning Sub Area 5
Sub Area 5 surrounds the interchange at Highway 152 and West Robertson Blvd. and includes the future highway service commercial uses at the interchange. Both sides of Highway 152 would
be developed as
commercial uses
served by public
sewer and water.
Sewer service to
this area is
dependent on the
Avenue 24 sewer
trunk line
construction and
connection of this
area to that major
facility. This Sub
Area is the farthest
south that the
City’s sewer
system can
accommodate and
is considered an exception to the City’s ultimate southern growth boundary at Highway 152. Water wells and looping into the City’s system along with drainage facilities will be required to serve this area. West Robertson Boulevard will be developed to arterial street status (preserving the palm trees). A major collector street (Artesian Avenue) will be constructed and connected into the City’s “loop system” as part of overall City of Chowchilla 2040 General Plan Page LU-31
development of the area. Costs of major intersection traffic signalization will be shared by all development within this Sub-Area.
The existing interchange has capacity for moderate development around the interchange as well as in other parts of the City. It is anticipated that this interchange will require widening and upgrading as the City grows. A “fair share” of the cost of the interchange improvements is being collected in the City’s Traffic Impact Fee for new development. Nevertheless, substantial commercial development may require accelerating the construction of the interchange. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
Planning Sub Area 6
Sub Area 6 is contiguous to the existing City’s southwesterly boundary and east of West Robertson Blvd. This Sub Area represents a concentration of emerging service commercial and mixed use development as a counter balance to the developing uses on the east side of Highway 99. This Sub Area is considered a prime retail, service, office location for the west side of the City.
Sewer service to this
area is dependent on
the Avenue 24 sewer
trunk line construction
and connection of this
area to that major
facility. It is anticipated
that this area will
emerge shortly after the
major sewer trunk line
is constructed and in
conjunction with
previously approved
residential development
on the City’s south and
west side. Connection
and improvement of
Sierra View Avenue to
Robertson Blvd. is
crucial to this Sub Area
growth. Water wells
and looping into the
City’s system along with
drainage facilities will
be required to serve
this area.
West Robertson Boulevard will be developed to arterial street status (preserving the palm trees) south of Sierra View Avenue. Robertson Blvd north of Sierra View Avenue Page LU-32 City of Chowchilla 2040 General Plan
will remain a major collector street because of limited right of way width. The intersection of West Robertson Blvd. and Sierra View is anticipated to become a major City intersection. Sierra View Avenue will be designed to divert through traffic to Highway 99 to the Highway 99/Avenue 24 interchange as opposed to traveling through downtown Chowchilla. Sierra View Avenue will also provide a major circulation alternative to Chowchilla residents traveling south on Highway 99 by avoiding the anticipated congestion on Robertson Blvd. at Highway 99. Completion of East Sierra View Boulevard (Avenue 24) between Highway 233 (Robertson Boulevard) and South 15th Street (Road 15 ½) will be required along with contribution to the new bridge of Berenda Slough to make a direct connection to East Sierra View Boulevard (Avenue 24) to the east. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
It is anticipated that the Highway 152/Robertson Blvd. interchange will require widening and upgrading as the City grows. A “fair share” of the cost of the interchange improvements is being collected in the City’s Traffic Impact Fee for new development.
Planning Sub Area 7
Sub Area 7 is located west of
Berenda Slough, north of
Highway 152, south of the
existing City Limits and east of
West Robertson Blvd. With
the construction of the new
sewer trunk line along West
Sierra View Blvd. and the
connection from Sunrise
Street to West Robertson
Blvd. the northern part of the
Sub Area will become very
accessible and well served
with sewer and is easily
looped into the City’s existing
water system. Water wells and
looping into the City’s system
along with drainage facilities
will be required to serve this
area. It is anticipated that
growth along the West Sierra
View Blvd. corridor will occur
early in the General Plan
horizon. As infrastructure is
extended to the south, growth
should occur at a reasonable
pace. Build-out of the balance of the Sub Area toward Highway 152 may occur later in the General Plan time line. A minor collector street (Sunrise Street) will be constructed and connected into the City’s “loop system” as part of overall development of the area.
City of Chowchilla 2040 General Plan Page LU-33
Completion of East Sierra View Boulevard (Avenue 24) between Highway 233 (Robertson Boulevard) and South 15th Street (Road 15 ½) will be required along with contribution to the new bridge of Berenda Slough to make a direct connection to East Sierra View Boulevard (Avenue 24) to the east. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
It is anticipated that the Highway 152/Robertson Blvd. interchange will require widening and upgrading as the City grows. A “fair share” of the cost of the interchange improvements is being collected in the City’s Traffic Impact Fee for new development.
Planning Sub Area 8
Sub Area 8 focuses on the expansion of Industrial and Service Commercial centers.
The expansion of industrial land uses to support the City’s employment base is targeted for this area. The City has experienced a need for large industrial parcels of 100 to 200 acres with good access to freeways (north-south and east-west) along with the potential expansion of Union Pacific Railroad Company (UP) railroad spurs to serve the area and potentially areas to the west and possibly south of Highway 152 with appropriate grade separated crossings.
This Sub Area is the City’s main heavy industrial expansion area. It is expected to grow slowly during the planning period, primarily from East Sierra View to the south toward Page LU-34 City of Chowchilla 2040 General Plan
Highway 152. Siting of a larger industry below East Sierra View Avenue may speed development toward Highway 152. Limiting factors for development is the lack of infrastructure. The City’s wastewater master plan identifies an industrial sewer line along East Sierra View Boulevard (Avenue 24) between Highway 99 and South 3rd Street (Road 16) connecting to the existing wastewater treatment facility. The City’s existing wastewater treatment facility will be dedicated to industrial wastewater treatment once the new domestic plant is constructed southwest of the City in 2012 or later. A system of looped water lines tying the existing system to this area is necessary along Chowchilla Boulevard and East Sierra View Boulevard (Avenue 24). Depending on the type of industrial development, regional drainage basins will be required.
The current road system requires upgrading to meet City standard industrial streets.
East Sierra View Boulevard (Avenue 24) as a through connection (including a new Berenda Slough bridge) between West Robertson Boulevard to Highway 99 interchange on the east is an essential linkage. It is anticipated that the interchange at Highway 99 / Avenue 24 will be reconstructed to meet State Standards and increased traffic as this facility is also considered the southerly access to the east side of Highway 99 development and the development planned for those Sub Areas. All land uses should plan for wider right-of-way requirements along West Sierra View Blvd., West Fifth Street, Opportunity Road, and South Chowchilla Blvd.. West Sierra View Blvd. will include a grade separated crossing of UPRR. This grade separated crossing will have a design impact on the eventual design of Highway 99/Avenue 24 interchange Completion of East Sierra View Boulevard (Avenue 24) between Highway 233 (Robertson Boulevard) and South 15th Street (Road 15 ½) will be required along with contribution to the new bridge of Berenda Slough to make a direct connection to East Sierra View Boulevard (Avenue 24) to the west. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
It is anticipated that the Highway 152/Robertson Blvd. interchange and the Highway 99/Avenue 24 interchange will require widening and upgrading as the City grows. A “fair share” of the cost of those interchange improvements is being collected in the City’s Traffic Impact Fee for new development. As the amount of industrial and commercial traffic grows over time, interchanges at South 5th Street (Road 16) and Opportunity Road (Road 17) will be required. Rail spur extension from the UPRR main line is considered essential to attracting larger industrial users to the area. Surface crossing of the spur line is anticipated along Opportunity Road.
Two highway commercial / Service Commercial areas are planned. One west of Highway 99 at East Sierra View Boulevard (Avenue 24) interchange and the other north of Highway 152 at Opportunity Road (Road 17) intersection. Development at the Highway 99 and East Sierra View Boulevard (Avenue 24) interchange is anticipated to be a mixture of Highway Commercial and Light Industrial Uses. Development in this area is dependant on the construction of water lines along Chowchilla Boulevard which will extend westerly along East Sierra View Boulevard (Avenue 24) and loop back into the existing City system along Palm Parkway (Avenue 24 ½). Additional water supply will also be required in the form of water wells and at least one storage tank. A wastewater collection system will be required to serve the industrial as well as commercial users. However, commercial users may opt to construct a portion of the City of Chowchilla 2040 General Plan Page LU-35
wastewater trunk line serving east of Highway 99 along East Sierra View Boulevard (Avenue 24)to the connection point at South 15th Street (Avenue 15 ½). It is anticipated that with the development of additional Highway Commercial uses at this interchange, interchange improvements will be required to accommodate additional traffic demand.
A regional drainage system will have to be constructed with an adequately sized basin for the water shed between Highway 99, Berenda Slough, and South Chowchilla Boulevard East Sierra View Boulevard (Avenue 24) will be required to be constructed as an arterial street.
The second highway commercial / Service Commercial center is located at the intersection of Opportunity Road (Road 17) and Highway 152. This location is planned as a future interchange which will also provide access to the City’s industrial park area directly from Highway 152. The development of commercial center will be constrained by the connection to the City sewer collection system as part of the Avenue 24 industrial sewer line. Additionally, City water will be required to be looped through this area along with additional water wells and storage tanks. Regional drainage basins will serve this part of the Sub-Area.
Improvements to Opportunity Road to a minor collector street designed to carry heavy truck traffic will be required. Depending on the amount of traffic forecast for the intersection at Highway 152 and Opportunity Road, an interchange will required at an unspecified time in the General Plan horizon. While the first development of this entire area may not require construction of the interchange, the City will initiate collection of “fair share” funds for the eventual construction of the interchange.
Planning Sub Area 9
Sub-Area 9 represents the extent of urban growth of the City on the east. The eastern boundary of Sub Area 9 is South Manzanita Road (Road 19), the northern boundary is Berenda Slough, and the western boundary is Highway 99. A new north / south major arterial street (Spring Road) is planned for this Sub-Area. Spring Road will cross Berenda Slough with a bridge and continue north. A revised alignment of Spring Road and Avenue 24 is planned that will allow Spring Road to be a major travel route in the City. This north / south arterial street and the Highway 99 / Avenue 24 interchange are important to the City’s circulation as there are no other reasonable crossings of Highway 99 and the UPRR between Ash Slough and Berenda Slough. This Sub-Area also contains the eastern portion of the Highway 99 / Avenue 24 interchange. The edge of the Sphere of Influence is also along the eastern boundary of this Sub-Area. The location of the Sphere boundary was negotiated with Madera County to provide flexibility for the land use planning in the unincorporated community of Fairmead about 3 miles to the southeast. Part of that agreement is that the County will enter into a Memorandum of Understanding with the City regarding land use oversight of the land just to the east of the Sphere boundary that will provide a clear demarcation between the City and the unincorporated community. Such clear demarcations include open space buffers, lower residential densities, limited industrial and commercial uses and provisions that City services (including sewer, water, storm drainage, etc) will not be extended beyond the Sphere boundary.
Page LU-36 City of Chowchilla 2040 General Plan
Also, the City of Chowchilla
supports the extension of
Highway 152 or Route 65 to
the east as part of a
comprehensive transportation
improvement project and to
provide a viable eastbound
Highway 152 transition to
northbound Highway 99 as
opposed to the State Route
233 (Robertson Boulevard)
through the center of
Chowchilla’s Downtown. The
City also foresees
contributions of County Road
Impact fees for the
reconstruction of the Highway
99 / Avenue 24 interchange as
Fairmead grows and may use that facility to access northbound Highway 99.
Growth in this planning area is constrained by the lack of a major sewer trunk line. This trunk line will serve portions of Sub Areas 8, 9, 10, 11 and possibly the eastern portion of Sub Area 12. Developers and property owners in these Sub-Areas must work together with developers and property owners to the north to ensure that adequate capacity is available in the trunk line and the timing of construction of the facility.
The City’s Master Plan for Wastewater Treatment requires a sewer trunk line to be constructed along the Spring Road alignment (or alternative) that will travel southerly to about Strawberry Lane (Avenue 24 ½), crossing Highway 99, and connecting to East Sierra View Boulevard (Avenue 24) and westerly along East Sierra View Boulevard to South 15th Street (Road 15 ½) where it will connect with the major trunk line to the wastewater treatment plant. Water wells and storage facilities will also be required for development and creation of a Regional Storm Drainage system of pipelines and recharge facilities. This Sub-Area will be required to share in their proportionate cost of rebuilding the Highway 99 / Avenue 24 interchange at the time required for improvement. Costs of major arterial streets and intersection traffic signalization will be shared by all development within this Sub Area.
Planning Sub Area 10
This Sub-Area is part of the near term eastward extension of the City. The western boundary is the existing City limits; East Robertson Blvd. is on the North, Berenda Slough on the South, and Manzanita Road (Road 19) on the east. Development of this Sub-Area is constrained by the lack of sewer service. The City’s Master Plan for Wastewater Treatment requires a sewer trunk line to be constructed along the Spring Road (Road 18) alignment (or alternative) as described in detail in Sub Area 9.
Cooperation among property owners in Sub Areas 9, 10 and 11 (and potentially a portion of Sub Area 12) will be required to plan for and construct this major facility.
City of Chowchilla 2040 General Plan Page LU-37
Because of the Specific Plans and unique setting of the development to the west (Greenhills Golf Course and proposed Rancho Calera) this area will require one or more Specific Plans for development that incorporate the open space requirements for Berenda Slough and the
various electrical utility
lines that crisscross the
Sub-Area. Densities are
expected to small lot as
well as traditional lot sizes
supported by integrated
open space and
recreational facilities. A
Public Service Facility
(fire station) toward the
southeasterly side of the
Sub-Area 11 is planned
and will ultimately be
necessary for build-out of
more than one-half of the
Sub Area. Water wells
and storage facilities will
also be required for
development and creation
of a Regional Storm
Drainage system of pipelines and recharge facilities. This Sub-Area also contains many of the major street facilities for the City’s loop system including arterials, major and minor collector streets. Spring Road (Road 18 alignment) is a major north / south facility as is North Manzanita Road (Major Collector). East / west major streets include East Robertson Boulevard East Robertson Boulevard will be improved to the adopted standards to the west from the interchange to the existing City Limits. Several minor collector streets form the backbone of the east / west system connecting the existing development with North Manzanita Road (Road 19) and North Spring Road. It is anticipated that east / west routes will tie into the existing Greenhills Specific Plan area to provide alternative east/west traffic circulation and lower the traffic demands on East Robertson Blvd. New major bridges will be required at Berenda Slough and Ash Slough on Spring Road to connect to Highway 99 to the south and Northgate Road on the north. Costs of new bridges, freeway interchanges, and major intersection traffic signalization will be shared by all development within this Sub-Area and other SubAreas benefiting from those facilities. This east / west circulation will be important as Highway 99 / Avenue 24 interchange becomes a southern portal for City traffic. This Sub-Area will be required to share in their proportionate cost of rebuilding the Highway 99 / Avenue 24 interchange and resulting Avenue 24 alignments at the time required for improvement or as development is planned which ever is first.
Planning Sub Area 11
Sub-Area 11 is the near to medium-term eastward extension of the City. The western boundary is the existing City limits, Ash Slough on the North, East Robertson Blvd. on Page LU-38 City of Chowchilla 2040 General Plan
the south, and Manzanita Road (Road 19) on the east. Development of this Sub-Area is constrained by the lack of sewer service.
The City’s Master Plan for Wastewater Treatment requires a sewer trunk line to be constructed along the Spring Road (Road 18) alignment (or alternative) that will travel southerly to about Strawberry Lane (Avenue 24 ½), crossing Highway 99, and connecting to East Sierra
View Boulevard (Avenue
24) and westerly along
East Sierra View
Boulevard to South 15th
Street (Road 15 ½)
where it will connect with
the major trunk line to
the wastewater treatment
plant. Cooperation
among property owners
in Sub Areas 11, 10, and
9 (and potentially a
portion of Sub Area 12)
will be required to plan
for and construct this
major facility.
Because of the Specific
Plans and unique setting
of the development to
the west (proposed
Rancho Calera Specific Plan) this area will require one or more Specific Plans for development that incorporate the open space requirements for Ash Slough and the major electrical utility line that cross the Sub-Area. Densities are expected to small lot as well as traditional lot sizes supported by integrated open space and recreational facilities. A Public Service Facility (fire station) toward the easterly side of the Sub-Area is planned and must be completed before more than one-half of the Sub Area is builtout.
Water wells and storage facilities will also be required for development and creation of a Regional Storm Drainage system of pipelines and recharge facilities. This Sub-Area also contains many of the major street facilities for the City’s loop system including arterials, major and minor collector streets. North Spring Road (Road 18 alignment) is a major north / south facility as is North Manzanita Road (Major Collector). The major East / west street is East Robertson Blvd. East Robertson Boulevard will be improved to the adopted standards to the west from the interchange to the existing City Limits.
Several minor collector streets form the backbone of the east / west system connecting the existing development with North Manzanita Road (Road 19) and North Spring Road. It is anticipated that east / west routes will tie into the Rancho Calera Specific Plan area to provide alternative east/west traffic circulation and lower the traffic on East Robertson Blvd. New major bridges will be required at Berenda Slough and Ash Slough City of Chowchilla 2040 General Plan Page LU-39
on Spring Road to connect to Highway 99 to the south and Northgate Road on the north. Costs of new bridges, freeway interchanges, and major intersection traffic signalization will be shared by all development within this Sub-Area and other SubAreas benefiting from those facilities. This east / west circulation will be important as Highway 99 / Avenue 24 interchange becomes a southern portal for City traffic. This Sub-Area will be required to share in their proportionate cost of rebuilding the Highway 99 / Avenue 24 interchange and resulting Avenue 24 alignments at the time required for improvement or as development is planned which ever is first.
Planning Sub Area 12
Sub-Area 12 is the near to medium-term northeastward extension of the City. The southern boundary is the existing City limits, the northern boundary is East Pacific View Avenue, eastern boundary is the PG &E power line easement, western boundary is about 1,000 feet west of North Fig Tree Road. Development of this Sub-Area is constrained by the lack of sewer service. The City’s Master Plan for Wastewater Treatment will have to be revised to incorporate the most feasible method and alignment of future wastewater treatment and pipelines. Those details will be required to be defined in the required Specific Plan/Master Plan for this area prior to annexation to the City.
Cooperation among property owners in Sub Areas 12, 13, and 1 or alternatively in Sub Areas 12, 9, 10, and 11 will be required to plan for and construct this major facility.
Page LU-40 City of Chowchilla 2040 General Plan
Because of the mixed land uses including “Mixed Use” in this Sub Area this Sub Area will require one or more Specific Plans for development that incorporate the open space requirements for Ash Slough and the electrical utility lines that cross the Sub-Area.
Densities are expected to small lot as well as traditional lot sizes supported by integrated open space and recreational facilities. Land use innovations in the Mixed Use designations are expected to develop a campus setting for office, light industrial services, research and development, and commercial uses. It would not be uncommon to integrated higher density units into business or light industrial parks. Water wells and storage facilities will also be required for development and creation of a Regional Storm Drainage system of pipelines and recharge facilities. This Sub-Area also contains many of the major street facilities for the City’s loop system including arterials, major and minor collector streets. Major streets including East Pacific View Avenue, East Penny Lane, and North Fig Tree Road will be highly landscaped and indicative of the Specific Plan theme. Spring Road (Road 18 alignment) is a major north / south facility as is Fig Tree Road). East / west major streets include East Pacific View Avenue. East Pacific View Avenue will be improved to uniform standards between the interchange at Highway 99 / Minturn Road and North Spring Road. East Pacific View Avenue should connect Highway 99 / Minturn Interchange with the Sub Area at the same time as development is initiated north of East Penny Lane. Full development of East Pacific Avenue as an arterial street should occur as this Sub Area approaches full build-out.
Several Major and minor collector streets form the backbone of the east / west system connecting the existing development with North Spring Road. New major bridges will be required at Berenda Slough and two bridges on Ash Slough. The North Spring Road bridges are necessary to connect to Highway 99 to the south and East Pacific Avenue on the north. The bridge at Ash Slough is necessary to make the connection to East Robertson Blvd. and East Pacific Avenue for north and southbound Highway 99 traffic.
Additionally, a crossing of Freeway 99 and UPRR is necessary on East Penney Lane to access the west side of the community. Costs of new bridges, freeway interchanges, and major intersection traffic signalization will be shared by all development within this Sub-Area and other Sub-Areas benefiting from those facilities. This north / south circulation will be important as Highway 99 / Avenue 24 interchange becomes a southern portal for City traffic. Equally important is the Highway 99 / Minturn interchange upgrade which will be necessary to accommodate north bound traffic from this Sub Area. This Sub-Area will be required to share in their proportionate cost of rebuilding the Highway 99 / Avenue 24 interchange and Highway 99 / Minturn interchange, as well as East Penny Lane overcrossing of Highway 99 and UPRR. The Highway 99 / Robertson Blvd. interchange will reach capacity toward the end to the build-out of the east side Sub Areas and an alternative access to Highway 99 will be necessary. The cost of this facility will be shared by westerly growth of the City west of Highway 99.
Planning Sub Area 13
Sub Area 13 represents a northern extension of the City with Ash Slough as the southern border and Chowchilla Boulevard / Highway 99 as the western border. This Sub Area will require the preparation and approval of a Specific Plan east of Highway 99 that incorporates a balance of land uses including a business park, commercial / retail, a central recreation or cultural activity center, higher density housing and mixed City of Chowchilla 2040 General Plan Page LU-41
uses proximate to employment centers, as well as open space amenities including a Community Park. Major streets including East Pacific View Avenue, Montgomery Lake Road, and East Penny Lane will be highly landscaped and indicative of the Specific Plan theme.
A Public Service Facility (fire station) in the northwestern portion of the Sub-Area is planned. This Sub-Area includes the area between Highway 99 and Chowchilla Boulevard that will be developed as a commercial / light industrial center as well. New bridges across Ash Slough are required to promote adequate circulation. A new bridge on Chowchilla Blvd. crossing Ash Slough is necessary to maintain the alignment of Chowchilla Blvd. at the intersection with Robertson Blvd. The existing bridge is nearing the end of its life span.
A new bridge at Third
Street crossing Ash
Slough to aid in reducing
traffic congestion on
Robertson Blvd. in the
mid- and long-term buildout of the City. Costs of
major intersection traffic
signalization will be
shared by all
development within this
Sub-Area. The Highway
99 / Minturn interchange
will eventually have to be
reconstructed to provide
additional capacity and
cross the UPRR rails
corridor connecting
eastern and western
parts of the City.
An overcrossing of Highway 99 near Ash Slough (Penny Lane) will be required to relieve traffic congestion at the Highway 99 / Robertson Boulevard interchange in the medium to long term. A major constraint to development of this area is the availability of a sewer collection system and connection to the City’s new wastewater treatment facility. It is anticipated that a sewer trunk line will be constructed to the southwest and tie into the trunk line crossing Ash Slough at Sunset Avenue. Water wells and storage facilities will also be required for development and creation of a Regional Storm Drainage system of pipelines and recharge facilities.
Rancho Calera Specific Plan Area
Page LU-42 City of Chowchilla 2040 General Plan
The Rancho Calera Specific Plan Area is in the northeastern portion of the current City Limits and has been planned as part of a previously adopted specific plan – Greenhills Estates and Golf Club Specific Plan. The Greenhills Estates and Golf Club Specific Plan was adopted by the City of Chowchilla in 1990. Since its adoption 1990, implementation of the Greenhills Estates and Golf Club Specific Plan has been limited to the area south of East Robertson Boulevard and has included the construction of a private golf course and country club, gated residential neighborhoods, and a retail commercial center accessible to the general public.
The Rancho Calera Specific Plan would expand and substitute the northern portion (approximately 440 acres) of the 1,115 acre Greenhills Estates and Golf Club Specific Plan with a new specific plan.
The adopted Greenhills Estates and Golf Club Specific Plan specified the development of a golf course, a variety of gated single and multi-family residential neighborhoods not to exceed 1,800 residential dwelling units, as well as general and service commercial uses. The Greenhills Estates and Golf Club Specific Plan also specified a northerly realignment of East Robertson Boulevard. Approximately 140 acres north of East Robertson Boulevard was to be developed as a golf course and water features to be included as a golf course amenity.
The proposed Rancho Calera Specific Plan is a 576 acre master plan project that includes a mixture of residential, commercial and public land uses. The signature features of the proposed Rancho Calera Specific Plan are two man-made lakes and an open space corridor along Ash Slough. The proposed Rancho Calera Specific Plan also includes neighborhood parks, a community park, an elementary school and a public safety center. The proposed Rancho Calera Specific Plan does not include the realignment of East Robertson Boulevard.
The proposed Rancho Calera Specific Plan Area is located northeast of the Highway 99 / East Robertson Boulevard interchange. The proposed Plan Area is located directly south of Ash Slough and north of East Robertson Boulevard and the Greenhills Estates and Pheasant Run Golf Course. The western boundary is formed by Highway 99 and the eastern project boundary is formed by the City’s easterly most City Limits. The proposed Rancho Calera Specific Plan Area as in Figure LU - 5.
The Rancho Calera Specific Plan will amend the Greenhills Estates and Golf Club Specific Plan to meet the objectives of the Rancho Calera Specific Plan.
The Rancho Calera Specific Plan is a master plan project that includes a mixture of residential, commercial and public land uses. The signature features of the Rancho Calera Specific Plan are two ornamental lakes and an open space corridor along Ash Slough. A community park and an elementary school site are included in the Rancho Calera Specific Plan. Implementation of the Rancho Calera Specific Plan could result in the construction of up to 2,042 residential units and approximately 945,000 square feet of commercial building space. A Mixed Use “overlay” component is added that could allow for a mixture of business park opportunities and housing in a compact City of Chowchilla 2040 General Plan Page LU-43
Rancho Calera Specific Plan Land Use Plan
design. The Rancho Calera Specific Plan includes development standards and guidelines that specify building sets, lot configuration and coverage, streets and entries, accessibility, parking, landscape, monuments and signs, fences and walls, etc.
The Rancho Calera Specific Plan residential areas are composed of multiple gated and non-gated residential neighborhoods of varying lot and home sizes. The gated residential neighborhoods would include small private parks. A homeowners’ association would be established to maintain these parks in the gated neighborhoods.
Figure LU - 5
Two urban forests are planned to provide a recreational amenity for the residential neighborhoods and shallow basins are planned as a stormwater detention facility.
A small neighborhood commercial center is planned at the northeast corner of North Fig Tree Boulevard and East Robertson Boulevard. A larger commercial center allowing large-scale retail and service centers is envisioned in the western portion of the Rancho Calera Specific Plan Area along Highway 99, East Robertson Boulevard and Montgomery Lake Way. These commercial centers could provide a variety of small, medium and large retail and non-retail services. Retail stores, restaurants, grocery stores, movie theaters, service stations, financial institutions, medical and dental offices would be permitted in commercial centers.
A large scale retail center is planned which may be open 24 hours a day and provide a wide variety of retail products and services in the Service Commercial designated area adjacent to Highway 99. A “mixed use” overlay on the Service Commercial designated area will provide the opportunity to develop residential uses in the same building as or adjacent to commercial uses. A maximum of 20 residential dwelling units could be developed within the Service Commercial designated area.
Five access points from East Robertson Boulevard into the Specific Plan Area are planned. Three of the five access points would be public streets. Two additional major Page LU-44 City of Chowchilla 2040 General Plan
access points will be private drives with gated and monitored entries. The interior circulation system of the Specific Plan Area will consist of a network of private and public streets. The network of private and public streets are planned to connect residential neighborhoods with public services and commercial centers. The eastern portion of the proposed Rancho Calera Specific Plan Area will be connected to the Pheasant Run Golf Course, south of East Robertson Boulevard by a golf cart and by a planned pedestrian bridge over East Robertson Boulevard.
Table LU - 6
Rancho Calera Specific Plan Land Use Summary
Land Use Designation Acres
Expected
Dwelling
Units
Density per
Acre
Expected
Square Feet
Residential
Medium Density Residential (MDR-RC) 222.7 900 4.0
Medium High Density Residential (MHDR-RC) 144.0 922 6.4 High Density Residential (HDR-RC) (10)* 200 20.0
Commercial
Community Commercial (CC-RC) 2.3 40,000
Service Commercial (SC-RC) 36.6 455,000
Commercial Residential Mixed Use Overlay (CR/MU-RC) ** 20 Public/Quasi -Public
Park (P-RC) 57.4
Elementary School (ES-RC) 25.2
Public Safety Facility (PF-RC) 1.0
Open Space/Recreation (P-RC) 20.0
Arterial Street Dedication 66.8
Total 576.0 2,042 495,000
Notes:
Acreage includes street frontages to the centerline of the street for residential densities.
Square footage for commercial uses is calculated on net area which excludes street right-of-way.
High Density Residential “overlay” within the Medium High Density Residential designation is limited to a maximum of 10 acres and 200 residential dwelling units.
Mixed Use “overlay” within the Service Commercial designation to allow the development of a maximum of 20 residential dwelling units.
The developer will dedicate land to the City of Chowchilla for neighborhood parks, a community park and a public safety facility (fire station). An open space corridor paralleling the southern bank of Ash Slough will also be dedicated to the City of Chowchilla. The City of Chowchilla will be responsible for the planning, design, construction, operation and maintenance of the neighborhood parks, Community Park, Ash Slough open space corridor improvements and the public safety facility.
The applicant proposes to dedicate land to the Chowchilla Elementary School District for an elementary school. Chowchilla Elementary School District would be responsible for the planning, design, construction, operation and maintenance of the elementary school site.
City of Chowchilla 2040 General Plan Page LU-45
A current proposal for a new Specific Plan (Rancho Calera) which will increase residential density and shift commercial uses to the western portion of the Sub-Area also the subject of a proposed annexation (Annexation 2). The Specific Plan will incorporate an additional school, parks, trails, public service facility, and open space into its design. The proposed Specific Plan is limited by wastewater treatment capacity at the existing facility to the proposed number of dwelling units, commercial uses, and public facilities. However, all new development must participate in the relocation of residential / commercial wastewater to the new facility. Costs of major intersection traffic signalization will be shared by all development in the developing City.
Reconstruction of the Highway 99 / Robertson Boulevard interchange is essential to serve the build-out of the City and new growth areas adjacent to the City.
California High Speed Rail Heavy Maintenance Facility
The 2040 General Plan supports the possible siting and implementation of a Heavy Maintenance Facility for the California High-Speed Train System (HST). The locations identified within the Plan Area are consistent with the California High Speed Rail Authority preliminary guidelines for locating and designing HST maintenance facilities.
The preliminary guidelines were developed based on practices used on similar HST systems around the world and detailed operational analysis of the California HST.
The HST Heavy Maintenance Facility will include specialty shops that construct, disassemble and rehab the major components of the train fleet, as well as the on-board components. In addition, the HST Heavy Maintenance Facility will require storage, layup, testing and maintenance tracks. Ideally, the maintenance facility should be located immediately adjacent to the HST system main line tracks and connect directly to main line tracks with a 110 mile / hour (mph) turnout and two connecting tracks (double track) of approximately 3,696 feet on both ends of the facility. Due to the number, size and type of the buildings, internal circulation and employee parking areas requirements, as well as the tracks necessary to support the facility, the HST Heavy Maintenance Facility requires a large rectangular compound area. Ideally, the HST heavy maintenance compound should be approximately 155 acres. A prototype conceptual plan of an HST heavy maintenance facility is reflected in Figure LU - 6.
Figure LU - 6
High Speed Rail Heavy Maintenance Facility Prototype Concept Plan Page LU-46 City of Chowchilla 2040 General Plan
Roads and utilities will also be needed to support the HST Heavy Maintenance Facility.
Ideally, the HST Heavy Maintenance Facility needs to be accessible by major roads capable of handling heavy truck traffic as well as providing convenient access to Highway 99 and / or Highway 152. Surface rail access is important as well for receiving larger and more difficult to handle products. Connectivity to a reliable electrical power grid to support the facility is important. It is anticipated the HST Heavy Maintenance Facility will require a 34.5 kilowatt service line to meet the demands of the facility.
Connectivity to water, sewer and drainage services is also important.
Figure LU - 7, identifies four potential locations within the Planning Area that meet the heavy maintenance facility site location criteria established by the HST. One of these four potential locations are located to the north, south, east, and west of the City. All four potential locations are within the 2040 General Plan Secondary Planning Area.
Figure LU - 7
City of Chowchilla 2040 General Plan Page LU-47
Potential High Speed Rail Heavy Maintenance Facility Sites Secondary Planning Area
A Secondary Planning Area has been established to allow opportunities for larger unique projects. Given the uncertainty of the location of the California High Speed Rail right-of-way and the potential location for the Heavy Maintenance Facility (HMF) near the City of Chowchilla potential locations have been identified that could serve that need and the adjacent industrial base that could be associated with the HMF. Other opportunities for large jobs producing projects such as rail served industrial parks adjacent to BNSF or research and development centers in a campus setting where there is not sufficient land in the Planning Area to accommodate those projects.
Additionally, because in certain conditions associated with the High Speed Rail right-ofway access to Highway 99 using Highway 233 may be constrained in the future and potential alternative routes to substitute for Highway 233 may be constructed west of the existing City connecting with the Plainsburg Interchange which will begin construction in 2010 just north of Chowchilla in Merced County. In each of these conditions the City desires to retain flexibility to address the growth pressures and opportunities that these conditions may bring if implemented. Therefore, the Secondary Planning Area allows conceptual master plans to be approved by the City within these areas if such opportunities should take place. The City will continue to work with the property owners in these areas to ensure that such master plans are well served by public infrastructure and growth is balanced through out the Planning Area.
Four Secondary Planning Areas (SPA) have been shown on the General Plan Land Use Map. The land use designations have been faintly shown to indicate the conceptual nature of the proposal.
Page LU-48 City of Chowchilla 2040 General Plan
SPA-1 is located north of the Planning Area between SR-99, BNSF, south of the Chowchilla River. This is a potential site for the HMF or a research and development compound facility.
SPA-2 is located west of the BNSF, south of Berenda Slough, north of the Womens Prisons, east of Road 19. This is a potential for the HMF or a rail served industrial-research and development facility.
SPA-3 is located west of Highway 99, south of State Route 152, north of Avenue 21, east of Road 16. This is a potential for the HMF.
City of Chowchilla 2040 General Plan Page LU-49
SPA-3 is located west of Road 14, north of State Route 152, south and west of Ash Slough. This is a potential site for commercial and industrial development should the alternative of a major road (possibly a replacement for SR 233 connecting Highway 99 to Highway 152) be constructed along with an interchange at Highway 152 and Road 12 which connects to the new Plainsburg interchange on Highway 99.
California Women’s Correctional Facilities
The California Women’s Correctional Facilities Sub Area is specifically set aside for the California State Department of Corrections Central Valley Women’s Facility and Valley State Prison for Women. This Sub Area was annexed to the City by special legislation of the State of California for the specific purposes of siting the women’s correctional facilities. No land uses other than the women’s correctional facilities are permitted in this Sub Area.
The California women’s correctional facilities are basically self supporting with their own sewer, water, and drainage systems. The facilities include their own fire service supported by mutual aid from the City and Madera County. Similarly, additional law enforcement assistance is provided by the City, County, and California Highway Patrol.
The facility also engages in solid waste recycling. Solid waste not recycled is handled by the Fairmead Landfill.
Wastewater Treatment Plant
The Wastewater Treatment Plant Sub Area is limited to the siting and construction of the City’s new wastewater treatment facility and provision for an open space corridor along Ash Slough. The City’s new wastewater treatment facility is planned to begin construction in the year 2014 depending on the pace of new growth in the community.
Page LU-50 City of Chowchilla 2040 General Plan
The City will continue to evaluate the method of treatment at the WWTP to promote the most energy and water conservative design that is economically possible for the City.
Among the alternative treatment method is water recycling and depending on the land demands the potential site could be reduced in size or an acceptable alternative locations (or several) could be identified at a later date.
GOALS
The primary goals of the Land Use Element are to:
❖ Expand job-creating and revenue-generating activities, increasing the level of retail, commercial, service and industrial expansion necessary to support public services.
❖ Maximize the potential of the community as a place of affordable residence. ❖ Ensure the City’s future growth will proceed in an orderly manner that promotes efficient and equitable provision of public services and provides for the protection of sensitive agricultural and biotic habitats ❖ Phase urban expansion so that a physical form and character is created which improves the way in which the community is enjoyed by its residents, and only allow the conversion of agricultural land to urban use at such time as it is necessary to meet the needs of the community. ❖ Manage the rate of urban expansion at a level that does not exceed the capacity of the City to provide the necessary levels of public services and facilities required.
❖ Establish community design guidelines for new development and revitalization projects that reflect high standards of community development, appearance and image.
OBJECTIVES,POLICIES AND IMPLEMENTATION MEASURES
The Land Use Element’s objectives, policies and implementation measures are organized and grouped into two main categories: Community-Wide and Growth Area specific. Growth Area specific objectives, policies and implementation measures begin in this Element under “Plan Growth Areas”. Community-Wide objectives, policies and implementation measures begin below:
RESIDENTIAL DEVELOPMENT
Objective LU 1
Maintain a balance between the cost of providing efficient community services and the benefits associated with continued residential growth.
Policy LU 1.1
City of Chowchilla 2040 General Plan Page LU-51
Residential development proposals shall be reviewed to ensure that impacts on public services and facilities, as well as significant environmental impacts, have been mitigated to the extent feasible.
Implementation Measure LU 1.1. A
Maintain, and update as required, master plans for water, sewer, drainage, circulation, parks and recreation, and other public facilities including fire and police stations.
Implementation Measure LU 1.1. B
The City shall adopt a Capital Improvement Program that addresses the shortand long-term infrastructure needs of the City. The Capital Improvement Program shall identify a range of funding sources, including assessment districts, general fund, grants, state subventions, fees and long term financing (debt) necessary to fund capital projects.
Implementation Measure LU 1.1. C
The City shall prepare and maintain a development impact fee structure which provides revenue to offset infrastructure costs and implement new development's fair share of the Capital Improvement Program. The structure may also allow development density increases to offset excess dedication.
Implementation Measure LU 1.1. D
The City shall work with the Chowchilla Water District and the Chowchilla-Redtop Resource Conservation District to review and evaluate groundwater recharge areas in the City and implement recharge options that will improve water supply for all City residents. The City shall update and maintain impact fee and utility rate structures to provide sufficient revenue to implement the recharge projects.
Objective LU 2
Develop and maintain a pattern of residential land uses that provides for a variety and balance of densities, and a mixture of different dwelling and household types.
Policy LU 2.1
Residential development shall be consistent with the density ranges included in Table LU 3. Minimum densities shall not be less than those listed in Table LU 3.
Policy LU 2.2
Encourage large residential developments to include a specific plan that incorporates a variety of types and densities of housing.
Policy LU 2.3
Page LU-52 City of Chowchilla 2040 General Plan
High and medium density residential development is encouraged within reasonable walking distance of the downtown of the City and commercial land uses.
Policy LU 2.4
Encourage Mixed Use development to integrate housing with commercial and office land uses in newly developing areas and in the Downtown.
Objective LU 3
Provide single family and multifamily residential neighborhoods with a variety of cost ranges (affordability) dispersed throughout the City.
Policy LU 3.1
In-fill development shall conform to the character, density and scale of existing, adjacent residential neighborhoods.
Policy LU 3.2
Residential development proposals over 20 acres in size shall include a mixture of densities and dwelling types, consistent with the land use designation and density range.
Implementation Measure LU 3.2. A
At least every five years from adoption of this General Plan, the City shall consider the need to adopt an inclusionary housing ordinance (or update to an existing ordinance or other programs the City has adopted in lieu of an inclusionary ordinance) to ensure construction of very low, low, and moderate income housing to meet its Regional Housing Allocation requirement.
Policy LU 3.3
Multi-family apartment projects which involve 20 or more units shall provide for on-site managers.
Policy LU 3.4
Applications for Single-Family Planned Development projects involving 100 or more units or lots shall be accompanied by a competent housing market analysis which fully analyzes the feasibility of the project. Adequacy of the analysis shall be determined by the City Council.
Policy LU 3.5
City of Chowchilla 2040 General Plan Page LU-53
Multi-family projects and Single-family or Planned Unit Development (PUD) projects may require phasing of development. In such cases the project may proceed under the terms of a Development Agreement as prescribed by California Planning Law.
Policy LU 3.6
Multiple family development projects shall be required to submit detailed architectural and site plans with the application request.
Implementation Measure LU 3.6. A
Where multi-story housing units are proposed adjacent to existing or planned Low Density areas, building elevations and the location of windows, balconies and air conditioning units above the first story shall be reviewed by the City to assure visual compatibility and residential privacy.
Policy LU 3.7
Multi-family development shall be planned near existing or projected commercial facilities and open space, and served by collector or arterial streets.
Policy LU 3.8
Mobile home parks shall be considered medium or high density residential Land Uses.
High standards of development and maintenance with respect to the provision of recreation and open space, landscaping and exterior appearance of the development shall apply.
Objective LU 4
Encourage special residential opportunities to meet the needs of the City's residents.
Policy LU 4.1
Special residential land uses, such as senior housing, shall be distributed throughout the City to assure accessibility to activity centers and shopping areas, and to promote neighborhoods of mixed economic, ethnic and age groups.
Policy LU 4.2
Senior residential housing projects proposed on the periphery of the developed area of the City shall be required to provide evidence of adequate and affordable special transportation, such as vans, as part of project development.
Policy LU 4.3
Page LU-54 City of Chowchilla 2040 General Plan
Home Occupations may be permitted in single family residential areas where the use is clearly incidental and secondary to the use of the residence for dwelling purposes.
Implementation Measure LU 4.3.A
The Zoning Ordinance shall contain development standards for Home Occupations that are sensitive to traffic, noise, odor and other potential conflicts.
Objective LU 5
Adopt design standards which encourage residential areas to have a "neighborhood orientation".
Policy LU 5.1
New residential developments designed for individual lots, or clustered units, shall have varied front yard setbacks.
Implementation Measure 5.1.A
Amend the Zoning Ordinance residential setback requirements to provide for average setbacks that allow parts of the dwelling to be closer to the roadway when the garage is set further off of the road.
Implementation Measure 5.1.B
Amend the Zoning Ordinance to provide for public facilities and other ancillary uses permitted in residential neighborhoods such as, churches or large day care centers. The public facilities and ancillary uses shall be designed to minimize negative impacts on the neighborhood.
Policy LU 5.2
Create and preserve distinct, identifiable neighborhoods that:
1. Connect in as many locations as possible to adjacent development, arterial streets, and thoroughfares;
2. Provide a balanced mix of housing, workplaces, shopping, recreational opportunities, and institutional uses, including mixed-use structures (combined residential and non-residential uses), that help to reduce vehicular trips;
3. Provide natural amenities that are fronted by thoroughfares or public spaces, and not privatized behind backyards;
4. Encourage commercial buildings to directly front on the sidewalk, with parking lots located behind the buildings;
5. A civic or public space such as a plaza or park should be within the neighborhood center;
City of Chowchilla 2040 General Plan Page LU-55
6. Allow flexible parking requirements and arrangements within neighborhood activity centers to minimize the impact of the automobile and foster alternative transportation-oriented streetscape;
7. Provide second stories on commercial buildings to provide for other uses and encourage residential use;
8. Allow small ancillary dwelling units in the rear yard for residential areas; and
9. Decrease front yard setbacks moving from the neighborhood edge to neighborhood center.
10.Small parks should be distributed throughout the neighborhood;
11.Schools should lie within the neighborhood and be easily accessible and within walking distance;
12.When not adjacent to agricultural operations, the neighborhood edge should be bordered by either a natural corridor or the edge of an adjacent neighborhood; Implementation Measure LU 5.2. A
Amend the Zoning Ordinance to encourage interconnecting street patterns in new developments to promote bicycle and pedestrian transportation.
Objective LU 6
Create an enhanced streetscape environment through the use of:
1) landscape standards and pedestrian access along arterial and collector streets; and
2) landscaping at the entryways to the City.
Policy LU 6.1
Arterial and Major Collector streets in residential and commercial areas shall be landscaped with drought tolerant plantings and install low water use irrigation systems to promote an inviting tree-lined street appearance.
Implementation Measure LU 6.1. A
The City shall adopt streetscape and street tree planting standards for arterial and major collector streets.
Implementation Measure LU 6.1. B
The City shall investigate the creation of maintenance districts for the long term maintenance of the streetscape system.
Page LU-56 City of Chowchilla 2040 General Plan
Policy LU 6.2
Where sound walls are required along arterial, major and minor collector streets, they shall be landscaped according to the streetscape standards adopted by the City, and where feasible combined with "daylighted" cul-de-sacs.
Implementation Measure LU 6.2. A
The City shall develop subdivision design guidelines which define design preferences, and include sound wall and "daylighted" cul-de-sac standards in the City subdivision development standards.
Policy LU 6.3
Provide for open space and landscaping with drought tolerant plantings and install low water use irrigation systems along State Highway freeway and rights-of-way to present an attractive entry to the City of Chowchilla.
Implementation Measure LU 6.3. A
In connection with General Plan Circulation policies, the City shall develop landscape design requirements for new projects along the entryways to the City, in particular Highways 99, 152, and 233. Develop landscaped setbacks that promote a sense of transition from the surrounding agricultural area and urban setting. Utilization of trees to screen urban uses along these entryways is encouraged within the setback. Landscape shall be maintained by the Landscape and Lighting Maintenance District.
Objective LU 7
Minimize conflicts between residential uses and other incompatible land uses.
Policy LU 7.1
Infrastructure master plans shall limit system design to only provide capacity for development ending one-half mile from the Planning Area.
Policy LU 7.2
Appropriate buffers or other effective measures shall be included in development plans to ensure that conflicts such as noise, odor, light and glare, dust, or other potentially significant adverse environmental conditions are minimized.
Implementation Measure LU 7.2. A
Project proponents adjacent to existing industrial, agricultural and open space uses or land use designation shall be required to provide the City with a full and complete written discussion that addresses the project's impact on the viability of the adjacent use. These discussions shall include noise, hazardous materials, City of Chowchilla 2040 General Plan Page LU-57
emergency response and evacuation, air quality, odors, light and glare, traffic, public services and aesthetics.
Policy LU 7.3
New development on the fringes of the City shall recognize the right of agriculture to exist and continue to operate in proximity to the development. Deed restrictions may be required which inform future residents of the right of agriculture to continue within the limits of the law without interference or protest from nearby property owners.
Implementation Measure LU 7.3. A
Development proposals on the fringe of the City, where there is no intervening urban development, and the potential conflict with neighboring agricultural uses, shall be reviewed by the City to determine whether there is sufficient cause to require deed restrictions or notices to protect the right of agriculture to continue.
Implementation Measure LU 7.3. B
The City shall require low density residential development adjacent to agricultural and / or open space at the limits of the Planning Area.
Implementation Measure LU 7.3. C
The City shall consider adopting a “right to farm” ordinance to protect existing agricultural uses from adjacent urban development.
Policy LU 7.4
Proposed residential, commercial, and industrial uses shall be consistent with the Chowchilla Municipal Airport Plan.
Implementation Measure LU 7.4. A
The City shall adhere to the Madera County Airport Land Use Compatibility Plan in the review and approval of development projects.
Implementation Measure LU 7.4. B
The City shall work with the Chowchilla Airport to find an alternative site for the airport that will not disrupt existing and future residential areas.
Development in Planning Sub Area 8
Policy LU 7.5
Development within Sub Area 8 shall be guided by the following principals:
1. Land uses east of Road 16 located in the LI (Light-Industrial) designation may include residential dwellings in association with shops, buildings, or storage areas that are part of the residents business or personal activities.
Page LU-58 City of Chowchilla 2040 General Plan
2. All residential development east of Road 16 shall acknowledge in writing prior to approval of any residential permit that it is the intent of the City to permit light and heavy industrial development to the east of Road 16 there is the potential for land use conflicts of noise, dust, smoke, odor, traffic associated with those uses operated within the acceptable business practices. The property owner or successors in interest shall not unnecessarily or without due cause bring forward complaints to the City regarding operations of such light or heavy industrial uses operated within normal business practices.
3. Road 16 is planned as a major street serving the residential, commercial, and industrial land uses of the City. Future additional traffic, including truck traffic is anticipated to use this major street. Additional set backs or noise attenuation may be required for any residential development within 600 feet of Road 16.
NON RESIDENTIAL
Objective LU 8
Identify and plan for adequate land within the City to sustain commercial activity that will:
1. Encourage regional retail shopping in Chowchilla;
2. Conveniently serve current and future residential needs;
3. Provide employment opportunities;
4. Contribute to the attractiveness of the community;
5. Be served by arterial streets; and,
6. Contribute to the City's revenue base
Policy LU 8.1
Developers of commercial uses shall be required to participate in funding of transportation improvements necessary to accommodate the level of activity anticipated. Transportation improvements may include construction of major streets, signalization, public transit operational improvements, freeway ramps, bridges, interchanges and other major improvements to the extent such improvements are necessary to serve the commercial uses.
Implementation Measure LU 8.1. A
Development conditions of approval should reflect that the City's Capital Improvement program has been considered, and that action is taken to ensure the Program's implementation.
Objective LU 9
Promote the vitality of the Downtown Commercial District by encouraging it to become a unique shopping district with a variety of retail sales, restaurants, City of Chowchilla 2040 General Plan Page LU-59
entertainment, public gathering facilities, offices, artisans, government offices, residential and open space uses.
Policy LU 9.1
Promote an aesthetically pleasing, pedestrian friendly and diverse downtown.
Implementation Measure LU 9.1. A
The City shall work with the Chamber of Commerce, and other interested groups to develop a Master Plan for the planning and implementation of standard and programs to support the continued evolution of the Downtown Commercial District. The Master Plan shall include detailed development requirements and guidelines for the Downtown Commercial District.
Policy LU 9.2
Mixed uses which support the overall intent of the Downtown Commercial District should be encouraged by the adoption of a flexible zoning district applicable only in the Downtown Commercial District.
Implementation Measure LU 9.2. A
Amend the Zoning Ordinance to provide for a new Downtown Commercial District Classification which allows flexibility in the combination of uses including retail sales, restaurants, offices, entertainment, artisans, government offices, residential, and open space use consistent with an adopted Master Plan.
Policy LU 9.3
A mixture of retail should with supporting public and private office development is desired within and around the Downtown Commercial District.
Implementation Measure LU 9.3. A
Prepare a Downtown Master Plan that defines the desired character of Downtown incorporating design guidelines, allowing a mixture of design supportive of the historic character of Downtown, adequate and convenient parking, and pedestrian friendly.
Policy LU 9.4
The City shall continue to support the Redevelopment Project Area for the Downtown Commercial Core and consider new Project Areas as the need arises.
Objective LU 10
Contribute to neighborhood identity by locating Neighborhood Commercial uses on major collector streets.
Page LU-60 City of Chowchilla 2040 General Plan
Policy LU 10.1
Neighborhood Commercial sites shall include neighborhood-oriented mixed uses that provide for convenience shopping and services. Residential uses on a second floor will be considered on a case by case basis.
Policy LU 10.2
Neighborhood Commercial Centers shall be designed at a pedestrian scale and contribute to the visual value of the area.
Implementation Measure LU 10.2. A
Site Plan review of Neighborhood Centers shall consider the following:
1. Location of ingress and egress in relation to surrounding uses and adjust those locations to minimize traffic conflicts.
2. Promote comprehensive street and parking lot landscaping to ensure that the Neighborhood Center substantially contributes to the overall appearance of the area and integrate the site with the balance of the neighborhood.
3. Ensure that noise and lighting are not disruptive to adjacent uses, in particular delivery vehicles and drive through activities.
4. Design of structures is in scale and architecturally compatible with the existing or planned surrounding uses.
Policy LU 10.3
Neighborhood Commercial sites are intended to serve the daily needs of a surrounding residential population base, and generally be located one mile from each other at the intersections of Major Collector streets or in special circumstances at Arterial and Major Collector intersections. Special circumstances include the proximity of existing Neighborhood Commercial sites, projected land use, and location and configuration of Major Collector streets within the area.
Policy LU 10.4
Neighborhood Commercial designations should be limited to a parcel or parcels which, individually or in aggregate, total between five to seven acres. Small corner parcels containing only a convenience store shall be discouraged in favor of an integrated commercial development. Convenience stores which have been demonstrated by a project proponent to be an integral part of the overall Neighborhood Commercial development are acceptable.
Implementation Measure LU 10.4. A
Expansion of a Neighborhood Commercial designation to adjacent properties may be permitted if the following findings can be made:
City of Chowchilla 2040 General Plan Page LU-61
1. The adjoining parcel is too small to reasonably support its current land use designation;
2. Expansion of the Neighborhood Commercial designation would not significantly impact other adjoining uses; and,
3. That the expansion will not place significant new demands on traffic or other existing infrastructure facilities.
Implementation Measure LU 10.4. B
Incremental development of a project site should not limit or preclude the integrated, logical design of a larger Neighborhood Commercial center.
Implementation Measure LU 10.4. C
When proposals are received by the City to develop only a portion of a parcel with Neighborhood Commercial designation, that proposal shall be accompanied by a master plan which relates the proposed project to full build-out of the center and demonstrates how the incremental project fits with the overall circulation and parking scheme, site layout, architectural design, and utility services plan for the center.
Objective LU 11
Ensure all Service Commercial, Service Commercial-Highway and Mixed Use Commercial uses are well planned and developed to meet the needs of the community and contribute to the resolution of traffic, public transit, and parking impacts created by additional traffic demands generated by those businesses.
Policy LU 11.1
Commercial development proponents are required to demonstrate that adequate circulation improvements including street improvements, signalization, bridges, public transit, and parking facilities are available or required through mitigation measures to serve the proposed project.
Implementation Measure LU 11.1. A
Occupancy Permits will not be issued until associated traffic, public transit, and parking impact mitigation measures are completed or an agreement has been approved for their completion.
Policy LU 11.2
Commercial development proponents are required to demonstrate that proposed projects fit the scale of existing and planned development surrounding the site and have adequate safeguards to prevent noise, traffic, lighting, odor, or other potentially disruptive activities from substantially effecting surrounding uses.
Page LU-62 City of Chowchilla 2040 General Plan
Policy LU 11.3
Commercial development proponents are required to submit project design elements such as site plans, building elevations, signage plans, building materials and colors, in development proposals in sufficient detail for the City to determine that the proposed project is consistent with the intent of the Commercial designation, compatible with the surrounding existing and planned land uses, provides functional and safe access for vehicles and pedestrians, can be well served by public transit, appropriately landscaped enhancing the urban scale of the project and provide shade in parking lots, and where mixed-use is proposed provide convenient residential parking.
Policy LU 11.4
The City shall first determine that insufficient space is available in the planned Service Commercial or Service Commercial-Highway Designations or existing undeveloped Service Commercial or Service Commercial-Highway Designations prior to considering new Service Commercial or Service Commercial-Highway development designations or Service Commercial or Service Commercial-Highway Designations outside of the existing limits of public utilities and services.
Policy LU 11.5
New Service Commercial and Service Commercial-Highway designations would typically be less than 30 acres in size and located at major arterial intersections.
Policy LU 11.6
Where Neighborhood Commercial uses proposed in a Service Commercial Designation, the location should be generally compatible with the surrounding urban uses in design and character. Interspersing Neighborhood Commercial uses in a “patch quilt” design within a Service Commercial designation is discouraged. Neighborhood Commercial uses in a Service Commercial Designation will be held to the higher development standard of the Neighborhood Commercial Designation.
Policy LU 11.8
Business parks within the Service Commercial designation must be master planned and may include a range of supporting Neighborhood Commercial uses that are appropriately integrated and are only a minor percentage of the total business park.
Emphasis in a Business Park is placed on pleasing design, limited outside storage at the rear of buildings, and sufficient landscaping avoids a sterile block building visual character of the business park, and screening from surrounding land uses.
Objective LU 12
Minimize conflicts between industrial and other major non-residential land uses and other potentially sensitive land uses by concentrating industrial and other major non-residential land uses activity within selected planning areas.
City of Chowchilla 2040 General Plan Page LU-63
Policy LU 12.1
Retail Uses shall only be permitted in industrial areas as a secondary use to a permitted industrial or other major non-residential land uses. Retail and service commercial uses which serve the daily needs of employees in the area or serve regional recreation facility customers may be permitted.
Implementation Measure LU 12.1.A
New industrial development proposed near existing or planned residential land uses shall be required to provide the City with a full and complete written discussion that addresses the project's impact on the viability of the existing or proposed residential land uses. Major regional recreation facilities that may include large buildings, grandstands, out-door venues and associated commercial operations supporting the activities shall prepare master plans. The discussion shall include noise, hazardous materials, emergency response and evacuation, air quality, odors, light and glare, traffic and circulation, and aesthetics.
Policy LU 12.2
The City should seek to maintain a generous supply of industrial land which is attractive and desirable to potential industrial developers and major regional recreation facilities through the annexation of industrial land prior to receiving development applications.
Policy LU 12.3
The City will endeavor to maintain a range of industrial sites from Light Industrial, Heavy Industrial to and major regional recreation facilities that are well served by public utilities, surface, and rail transportation.
Policy LU 12.4
Any dairy within the City’s Planning Area is considered an existing non-conforming use and the City shall oppose any expansion of any Dairy. City shall encourage any dairy within the Planning Area to relocate a minimum of three miles from the boundary of the Planning Area to eliminate negative odor and other health and safety impacts to City residents.
The City shall oppose all new dairy operations or any other incompatible land uses within 3 miles of the City Planning Area.
Policy LU 12.6
The City shall require an analysis from development proponents within 2 miles of a dairy operation that discusses the impacts of dairy operations on the City. The analysis shall include developer proposals to mitigate issues of odors and insect proliferation.
Page LU-64 City of Chowchilla 2040 General Plan
CHOWCHILLA AIRPORT
Objective LU 13
Provide for compatible industrial and public facility land uses around the airport that maintain safety, health, environmental, economic concerns of the community.
Policy LU 13.1
Coordinate with the City Planning Commission and the Madera County Airport Land Use Commission considering new residential development that may fall within the existing airport area of influence.
Implementation Measure LU 13.1. A
Residential development within the southeasterly approach zone is to be restricted within a horizontal distance extending approximately 3,000 to 4,000 feet southeast of the end of the runway.
Implementation Measure LU 13.1. B
The City shall require the dedication of aviation easements as a condition of approving any development within the Airport Approach Zone.
Implementation Measure LU 13.1. C
Incompatible land uses which would diminish the existing operation and the future expansion of the Chowchilla Airport shall be fully evaluated for the impacts on the airport prior to approval.
Implementation Measure LU 13.1. D
The Land Use Element of the Chowchilla General Plan and the Chowchilla Zoning Ordinance shall be used to restrict potentially hazardous land uses from being established within Compatibility Zones A & B1 as defined by the Madera County Airport Land Use Compatibility Plan (refer to Figure CI-3).
4. Compatibility Zone A is the area nearest the airport runway where the probability of an accident and the impact of noise are the greatest. The following restrictions would apply in Compatibility Zone A:
a. No new residential construction;
b. No new schools, churches, or other facilities accommodating large groups of people;
c. Height limitations of structures shall be in conformance with Federal Aviation Administration regulations; and
d. No new structures shall be built within 300 feet of the center line of the runway or 1,000 feet from the ends of the runway.
City of Chowchilla 2040 General Plan Page LU-65
5. Compatibility Zone B1 is the area immediately adjacent to Zone A, where the probability of an accident is lower than in Zone A and where there may be unacceptable noise levels. The following restrictions apply in Compatibility Zone B1:
a. Creation of new residential subdivisions is be prohibited, however, division of existing large residential lots for more efficient use of the land or in conjunction with a redevelopment project may be allowed; b. New single family residential construction may be allowed on existing lots on a case-by-case basis after evaluation for potential hazards; c. No new schools, churches, or other facilities accommodating large groups of people may be constructed;
d. Height limitations of structures shall be in conformance with Federal Aviation regulations; and
e. No new structure may be built within 300 feet of the center of the runway or 1,000 feet from the ends of the runway.
Objective LU 14
Provide for a General Aviation airport within the Chowchilla General Plan Planning Area that will continue to provide reliable service to the community.
Policy LU 14.1
Alternative locations to the existing airport will be considered by the City for a General Aviation airport within the General Plan Planning Area. The City's Airport Commission shall investigate alternative sites for an airport and provide recommendations including proposed development strategy to the City Council.
Implementation Measure LU 14.1. A
The criteria for siting a potential airport shall include the following:
1. Access from existing City urban area.
2. Surrounding uses and long-term absence of any potential conflicting land uses.
3. Potential to aggregate parcels of land of sufficient size and orientation for airport development.
4. Estimated cost of airport development and potential for funding development from non-city sources.
5. Consistency with State and Federal aviation regulations.
Page LU-66 City of Chowchilla 2040 General Plan
FAIRGROUNDS
Objective LU 15
To provide for a Fairgrounds facility within the Chowchilla General Plan Planning Area that will continue to provide a multi-purpose resource to the community.
Policy LU 15.1
Consider alternative locations for the County fairgrounds within or near the General Plan Planning Area to provide an area that will serve the community and allow for an expansion of the facility.
Implementation Measure LU 15.1.A
The criteria for a new fairground site shall include the following:
1. Access from existing City urban area.
2. Surrounding uses and long-term absence of any potential conflicting land uses.
3. Potential to aggregate parcels of land of sufficient size for development.
BERENDA RESERVOIR
Objective LU 16
To provide for an integrated recreation facility in cooperation with the Chowchilla Water District and private property owners to utilize Berenda Reservoir, Ash Slough and Berenda Slough as a recreational and open space trail system.
Policy LU 16.1
The City shall acquire, through dedication or in fee, an open space trail system along Ash Slough and Berenda Slough from the City to Berenda Reservoir. The City shall develop a multi-use trail system within the area acquired.
Policy LU 16.2
The City shall continue to participate with the Chowchilla Water District in the development and maintenance of Berenda Reservoir as a public recreation area.
Policy LU 16.3
The City shall encourage the expansion of the Berenda Reservoir if:
1. New development funds and implements the expansion;
2. The expanded reservoir is designed to maximize groundwater recharge areas / opportunities; and
City of Chowchilla 2040 General Plan Page LU-67
3. The expanded reservoir provides additional recreation opportunities for both residents of any future Specific Plan Area as well as all City residents.
GROWTH MANAGEMENT
Objective LU 17
Resist the premature conversion of agricultural lands to urban uses.
Policy LU 17.1
The City supports the Madera County General Plan objectives and policies that:
1. Direct new industrial and commercial development to cities;
2. Require new residential development to be contiguous to urban development and to annex to the City; and
3. Maintain limited agriculture land use designations within the City's General Plan Planning Area boundary.
Policy LU 17.2
The City supports the Madera County General Plan objectives and policies which protect agricultural lands by:
1. Maintaining large parcel sizes and preventing the development of incompatible urban uses;
2. Specifically maintaining large parcels adjacent to urban areas prior to conversion to urban uses; and
3. Preventing the division of parcels less than ten acres in size within the City's General Plan Planning Area.
Policy LU 17.3
The City does not support Madera County’s agricultural residential designation. Parcels less than 20 acres in size are not considered adequate for agriculture.
Policy LU 17.4
The City will seek an agreement with Madera County to control and regulate growth east of the Planning Area boundary at Road 19 and SR 99 to maintain an agricultural buffer of at least ½ mile between the community of Fairmead and the City. In no circumstances shall public utilities or services be extended beyond the eastern Planning Area boundary that will promote or allow urban growth in the buffer area unless a reasonable position can be taken that such infrastructure is necessary to support only the HSR Heavy Maintenance Facility, extension of major road facilities that provide improved access to the State system, or another major jobs producing industry.
Page LU-68 City of Chowchilla 2040 General Plan
Policy LU 17.5
The City prefers contiguous urban development within the General Plan Planning Area; however this may not always be feasible or possible given short-term ownership and development financial constraints. Development farther than one half mile from existing urban uses shall be discouraged.
Policy LU 17.6
Urban development shall only occur within the City. Any urban development requiring basic City services shall occur within the incorporated City and within the Planning Area, subject to findings that the development is not a premature use of agricultural land.
Policy LU 17.7
Land designated on the Land Use Map as “Urban Reserve” and in agricultural production should not be converted to urban uses until all the following findings are made:
1. The subject land is in the Secondary Planning Area and a master plan has been prepared acceptable to the City and that there is a compelling reason why adequate growth within the Planning Area can not accommodate the planned growth in the City, or the growth is reasonably necessary to serve the needs of the HSR Heavy Maintenance Facility, extension of major road facilities that provide improved access to the State system, or another major jobs producing industry.
2. That the development of the land will contribute to the establishment of a stable urban limit and represents contiguous urban development;
3. The land is needed to fill next ten year’s projected growth;
4. More than 50 percent of the land designated in the City for urban uses has been developed or is under a tentative map;
5. The land is necessary to maintain 150% of projected urban need; and
6. Annexation would not otherwise create substantial infrastructure limitations.
Objective LU 18
Require pre-zoning and annexation proposals to ensure that infrastructure development is consistent with overall City plans and that the City can reasonably extend services within the proposed development time frame.
Policy LU 18.1
Master Plans or Specific Plans prepared by annexation and development applicants of 20 acres or more shall address all community infrastructure, public facilities, and City of Chowchilla 2040 General Plan Page LU-69
services under the jurisdiction of the City, the local school districts, and other local and regional public agencies, including but not limited to:
1. Infrastructure planning of the proposed project, including water, sewer, drainage, and permanent and interim school facilities, and how the infrastructure relates to adjacent properties.
2. Financing and phasing of infrastructure necessary to serve the proposed project.
3. Phasing of the project, and a representation of full project build-out for all property within the master plan area.
4. A plan for how other public facilities such as roadways, water, parks, public safety facilities, schools, etc. will provide service to, or be expanded at the time of development into the master plan area.
CITY / COUNTY / REGIONAL RELATIONSHIPS
Objective LU 19
Support Madera County's General Plan goals, objectives, and policies that promote the Madera County Local Agency Formation adoption of the Chowchilla Sphere of Influence and General Plan Land Use Plan for areas outside the City Limits.
Policy LU 19.1
Support Madera County planning activities which direct commercial, industrial and residential and urban growth outside of the Chowchilla Planning Area to established unincorporated communities.
Objective LU 20
Maintain and enhance a cooperative relationship with Madera County, and the City of Madera, the Chowchilla Elementary School District and the Chowchilla Union High School District, water and irrigation districts, and other local and regional public and quasi-public agencies and districts through active participation in local and regional planning activities.
Policy LU 20.1
Actively participate in regional transportation planning, solid waste disposal, ground water recharge, air quality, and other significant regional issues affecting multiple agencies.
AIR QUALITY AND SUSTAINABILITY
Objective LU 21
Support the principles of reducing air pollutants through land use, transportation, and energy use planning.
Page LU-70 City of Chowchilla 2040 General Plan
Policy LU 21.1
Encourage transportation modes that minimize contaminant emissions from motor vehicle use.
Implementation Measure LU 21.1. A
New development shall be located and designed to conserve air quality and minimize direct and indirect emissions of air contaminants. Minimize impacts of new development by reviewing development proposals for potential impacts pursuant to CEQA and the SJVAPCD CEQA Guidelines. Apply land use and transportation planning techniques such as:
1. Incorporation of public transit stops;
2. Pedestrian and bicycle linkage to commercial centers, employment centers, schools and parks;
3. Preferential parking for car pools and van pools;
4. Traffic flow improvements; and
5. Employer trip reduction programs.
Implementation Measure LU 21.1. B
Control dust and particulate matter by implementing the SJVAPCD fugitive dust control measures, including:
1. Restricting outdoor storage of fine particulate matter;
2. Requiring liners for truck beds and covering of loads;
3. Controlling construction activities and emissions from unpaved areas; and
4. Paving areas used for vehicle maneuvering.
Implementation Measure LU 21.1. C
The City of Chowchilla shall work with the SJVAPCD, to the extent feasible, to meet federal and state air quality standards for all pollutants. To ensure that new measures can be practically enforced in the region, participate in future amendments and updates of the San Joaquin Valley Clean Air Plan.
Implementation Measure LU 21.1. D
The City of Chowchilla shall promote development that is compact, mixed use, pedestrian friendly or transit oriented, and by promoting energy efficient building design and site planning.
City of Chowchilla 2040 General Plan Page LU-71
GENERAL ENVIRONMENTAL HEALTH
Objective LU 22
For new development and redevelopment, ensure the environmental health and safety for everyone living and working in the City of Chowchilla.
Policy LU 22.1
Ensure compliance with rules regarding remediation of contaminated sites prior to occupancy of new development.
Policy LU 22.2
Encourage new development to reduce vehicle miles traveled so as to reduce pollutant emissions.
Policy LU 22.3
Develop, implement, and periodically update a Climate Action Plan to improve air quality and reduce greenhouse gas emissions.
Policy LU 22.4
Encourage smoke-free workplaces, multifamily housing spaces, parks, and other community spaces to reduce exposure to second-hand smoke.
HOUSING CONDITIONS
Objective LU 23
Develop and maintain a safe and healthy living environment in all new and redeveloped housing in the City of Chowchilla.
Policy LU 23.1
Investigate incorporating a “healthy homes inspection” into existing code enforcement inspection procedures to identify and require remediation of pollutants.
Policy LU 23.2
Identify funding for education and remediation of lead and other housing hazards to benefit low-income families and minimize risks associated with lead-based paint.
Policy LU 23.3
In addition to the requirements of the Building Code, encourage the use of green, healthy building materials that are toxin free in residential construction.
Page LU-72 City of Chowchilla 2040 General Plan
Policy LU 23.4
Support collaborations between public health professionals, environmental health inspectors, and building departments to connect clients with professionals who can assess and address multiple aspects of housing that affect health and safety.
Policy LU 23.5
Utilize federal, state, local, and private funding programs offering low interest loans or grants, and private equity for the rehabilitation of rental properties for lower income households.
RESIDENTIAL USES AND OTHER SENSITIVE RECEPTORS
Objective LU 24
Assure that residential uses and other receptors sensitive to traffic, noise, odor and other potential conflicts are minimized to the extent possible.
Policy LU 24.1
Ensure that new development with sensitive land uses is buffered from stationary sources and mitigated from non-stationary sources of pollution.
Policy LU 24.2
Require that proposals for new sensitive land uses minimize exposure to unhealthful air and other toxins through setbacks, barriers, and other measures.
Policy LU 24.3
Work with the Chowchilla Unified School District to minimize environmental hazards in and around educational facilities.
Policy LU 24.4
Educate residential property owners to retrofit their residential properties affected by adverse air quality or other toxins with air filters, ventilation systems, landscaping and/or other measures.
COMPLETE NEIGHBORHOODS
The term “complete neighborhood” refers to a neighborhood that accommodates a range of incomes and where residents have safe and convenient access to the goods and services needed in daily life. This includes a variety of housing options, grocery stores and other commercial services, public schools, open spaces and recreational facilities, affordable active transportation options, and civic amenities. An important element of a complete neighborhood is that it is built at a walkable and bikeable human City of Chowchilla 2040 General Plan Page LU-73
scale that reduces auto independence, and meets the needs of people of all ages, incomes, and abilities.
Objective LU 25
Pursue the concept of Complete Neighborhoods throughout the City of Chowchilla.
Policy LU 25.1
Seek opportunities, whether in existing or future neighborhoods, to pursue the concept of Complete Neighborhoods throughout the City of Chowchilla. Promote “complete neighborhoods”—where residents have safe and convenient access to goods and services on a daily or regular basis—that address unique neighborhood needs, and support physical activity, including walking, bicycling, active transportation, recreation, and active play.
Policy LU 25.2
Prioritize infill development within the existing developed footprint to reduce vehicle miles traveled; improve access to jobs, services, and education; and increase active transportation choices.
Policy LU 25.3
Rewrite current General Plan Policy LU 2.3 to read: “High and medium density residential development is encouraged within reasonable walking distance of the downtown of the City and walkable distance to grocery stores and other commercial services, public schools, open spaces and recreational facilities, affordable active transportation options, and civic amenities”.
ACCESSORY DWELLING UNITS
Accessory or secondary dwelling units are attached or detached units that provide complete independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking, and sanitation, located on the same lot as the primary structure. Second units often provide affordable housing for extremely low-, very-low- and low-income households, including seniors.
Objective LU 26
Promote and encourage the construction of accessory dwelling units.
Policy LU 26.1
Encourage the construction of accessory dwelling units in all single-family residential zones subject to regulations and existing ordinance, and in accordance with State Law.
Page LU-74 City of Chowchilla 2040 General Plan
Policy LU 26.2
Develop a city policy that encourages and promotes construction of accessory dwelling units that face the City’s alleys in residential districts provided that such units meet setback, height, occupancy, and other applicable regulations set forth in the Municipal Code.
CHOWCHILLA INDUSTRIAL PARK SPECIFIC PLAN
Objective LU 27
Update the General Plan to reflect the Chowchilla Industrial Park Specific Plan.
Policy LU 27.1
Amend and update the General Plan to reflect the Chowchilla Industrial Park Specific Plan goals and policies that allow the Chowchilla Industrial Park Specific Plan to develop and operate in a manner that complies with new State legislation.
ENVIRONMENTAL JUSTICE IN LAND USE
Senate Bill 1000 (SB 1000), also known as the Planning for Healthy Communities Act (Chapter 587, Statutes of 2016), requires local jurisdictions that are adopting or revising two or more elements of their general plans concurrently on or after January 1, 2018, to incorporate environmental justice (EJ) in their general plan if they have a disadvantaged community.
CalEnviroScreen: Areas west of Oleander Drive and east of SR 99 are identified as SB 535 Disadvantaged Communities. Senate Bill 535 directed that at least a quarter of the proceeds go to projects that provide a benefit to disadvantaged communities and at least 10 percent of the funds go to projects located within those communities. These funds must be used for programs that further reduce emissions of greenhouse gases.
Seven percent (7%) of the City of Chowchilla’s population are seniors, likely increasing to more than 4,000 by Year 2030.
Objective LU 28
Ensure fair treatment of all people, regardless of race, color, physical ability, national origin, or income and that no population bears a disproportionate share of negative environmental consequences resulting from industrial, municipal, and commercial operations or from the execution of federal, state, and local laws; regulations; and policies.
Policy LU 28.1
Address the “unique or compounded health risks” in disadvantaged communities by decreasing pollution exposure, increasing community assets, and improving overall health.
City of Chowchilla 2040 General Plan Page LU-75
Policy LU 28.2
City shall enhance low-income independent housing for seniors and continue to develop and expand senior housing services.
Policy LU 28.3
The City shall encourage the growth of senior housing, assisted living, and adult care facilities to meet the senior population growth.
Policy LU 28.4
Address whether zoning allows providers of fresh produce (grocery stores, farmers markets, produce stands) to locate within three-quarters of a mile of all residences in the City.
Policy LU 28.5
Encourage the development of healthy food establishments in areas with a high concentration of fast-food establishments, convenience stores, and liquor stores. For example, through updated zoning regulations, tailor use requirements to encourage quality, sit down restaurants, in areas that lack them.
Policy LU 28.6
Further study and address the location and number of fast-food restaurants in the City and develop land use regulations that limit fast food retailers where there is an overabundance.
Policy LU 28.7
Encourage existing convenience stores in or within one-half mile of residences to stock fresh produce and other healthy foods.
Policy LU 28.8
Encourage healthy food options at all municipal buildings and at City events where food is made available by the City.
Policy LU 28.9
Continue to support the Chowchilla Farmers Market and allow farmers’ markets to operate in the City where appropriate.
Policy LU 28.10
Promote the use of food assistance programs at farmers’ markets.
Page LU-76 City of Chowchilla 2040 General Plan
Policy LU 28.11
Promote city-wide messaging about healthy eating habits and food choices.
Policy LU 28.12
Review applications for off-sale alcohol licenses to ensure that over concentrations of off-sale alcohol do not occur in or near residential areas and schools.
Policy LU 28.13
Promote the development of balanced neighborhoods that accommodate a variety of housing types and density ranges to meet the diverse demographic, economic, and social needs of residents.
Policy LU 28.14
Promote clean air and water, a healthy natural environment, and pollution-free neighborhoods to reduce disparate health impacts resulting from environmental pollutants in vulnerable communities.
JOBS / HOUSING RELATIONSHIP
Objective LU 29
Develop sufficient employment generating uses to maintain a positive fiscal condition and housing balance within the City.
Policy LU 29.1
Land use designations for commercial, office, service commercial, and industrial should be held for such use to assure that there will be sufficient land available to create an economic base and job generating potential to serve future residents. Efforts to utilize this land for residential purposes should be discouraged unless proponents can demonstrate that there is a sufficient amount of land in desirable and accessible locations to maintain positive fiscal and housing to job ratio of at least one to one (1:1) in the City.
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: May 27, 2025
AGENDA SECTION: New Business
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR
FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM
APPROVED BY: Jaime Quintana, Director of Community & Economic Development ATTACHMENTS: 1. Resolution
2. 2024 HOME Notice of Funding Availability (NOFA)
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that the City Council of the City of Chowchilla (“City Council”) adopt a resolution authorizing the City of Chowchilla to apply to the State of California Department of Housing and Community Development for HOME Investment Partnerships Program (“HOME”) funds not to exceed $4,600,000 to provide project financing which will be used to construct the Maple Meadows II project, an 80-unit rental project, located in the city of Chowchilla at 1618 Meadows Street, Chowchilla CA 93610.
BACKGROUND:
The State of California Department of Housing and Community Development issued a Notice of Funding on February 11, 2025, announcing the availability of funds under the HOME program. The City of Chowchilla would be the applicant and Self-Help Enterprises would be the sponsor/developer, and HOME funds would contribute to the construction of the Maple Meadows II Project, an 80-unit affordable rental community in the City of Chowchilla.
The Maple Meadows II project is aimed at providing high-quality, affordable housing for low-income families in the Chowchilla area targeting individuals and families under 60% of area median income (AMI).
The community will include one-, two- and three-bedroom units and will provide intergenerational living while creating housing opportunities for seniors, young professionals and large families. The HOME loan amount would be up to $4,550,000 with an additional $50,000 to the City of Chowchilla for administrative and costs. The HOME loan offers a loan interest rate of 3% with a term of 55 years from the date of the recordation of the Notice of Completion for the project.
REASON FOR RECOMMENDATION:
The Maple Meadows II project is aimed at providing high-quality, affordable housing for low-income families in the Chowchilla area targeting individuals and families under 60% of area median income (AMI).
The community will include one-, two- and three-bedroom units and will provide intergenerational living while creating housing opportunities for seniors, young professionals and large families. The HOME loan amount would be up to $4,550,000 with an additional $50,000 to the City of Chowchilla for administrative costs. The HOME loan offers a loan interest rate of 3% with a term of 55 years from the date of the recordation of the Notice of Completion for the project.
FISCAL IMPACT:
Self-Help Enterprises will complete the HOME application and all necessary due diligence at no cost to the City. If no award is given, then there is no additional obligation to the City. If the HOME funds are awarded the City will receive $50,000 in activity delivery money. These funds would help offset any staff time used to complete annual reports and general contract management. The City’s oversight commitments would be minimal, mostly booking yearly accrued interest to the soft loan, since the project will be income certified and monitored through the tax credit program. SHE will provide all the information needed for reporting purposes.
ALTERNATIVES:
City Council may choose to not submit the application
ACTIONS FOLLOWING APPROVAL:
Self-Help Enterprises would submit the applicant on the City’s behalf.
COUNCIL RESOLUTION # XX-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE
HOME INVESTMENT PARTNERSHIPS PROGRAM
WHEREAS, the City of Chowchilla, a political subdivision of the state of California (hereinafter the “City”), wishes to apply for and receive an allocation of funds through the 2024 HOME Investment Partnerships Program;
WHEREAS, the California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the CranstonGonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200;
WHEREAS, on February 11, 2025, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”); and, WHEREAS, in response to the 2024 HOME NOFA, the city of Chowchilla a local government entity (the “Applicant”) wished to apply to the Department for, and receive an allocation of, HOME funds.
NOW THEREFORE BE IT RESOLVED THAT in response to the 2024 HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Four Million and Six Hundred Thousand Dollars ($4,600,000) for the following activities and/or programs:
• The construction of Maple Meadows II project, an 80-unit rental project to be located at 1618 Meadows Street (formerly known as the northeastern corner of Washington Road and Maple Street).
• If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant may also execute a standard agreement, any amendments thereto, and other related documents or instruments necessary or required to participate in the HOME Program (collectively, the required documents).
• The applicant authorizes the City Administrator or their designee(s), to execute in the name of the City of Chowchilla, the required documents.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 27th day of May, 2025 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
HOUSING BRANCH
651 Bannon Street, Suite 400
Sacramento, CA 95811
www.hcd.ca.gov
December 30, 2024
February 11, 2025
MEMORANDUM FOR: ALL POTENTIAL APPLICANTS
FROM: Jenny Cho, Deputy Director
Division of Federal Financial Assistance
SUBJECT: HOME Investment Partnerships Program (HOME)
Amended 2024 Notice of Funding Availability
On January 14, 2025, the California Department of Housing and Community Development (HCD) announced that near-term deadlines would be extended to aid fireimpacted communities in recovery and rebuilding. This includes an extension to the application deadline for HOME projects and programs until May 22, 2025, to allow more time for communities, developers, and tribes to apply for assistance.
The California Department of Housing and Community Development (Department or HCD) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $35 million in federal funds for the HOME Investment Partnerships Program (HOME). Funding for this NOFA is from the Department’s Fiscal Year 2024 (FY24) HOME allocation from the U.S. Department of Housing and Urban Development (HUD), plus unencumbered funds and Program Income from previous years’ allocations. (Note that the amount of funding available may change due to the factors listed on page 7, Section I (A) of this NOFA). This funding provides loans or grants to eligible HOME Applicants serving households with low- and very low-incomes, defined as at or below 80 percent (80%) of Area Median Income (AMI), and at or below 50 percent (50%) of AMI, respectively. This NOFA is subject to state and federal HOME regulations.
The Department will target 20 percent (20%) of the HOME funding for Eligible Applicants that meet the definition of a Native American Entity as set forth and provided in this NOFA. The Department and HOME Program team will provide comprehensive technical assistance to Native American Entities throughout the application process and during implementation of project or program activities.
NOTE: In an effort to improve access and equity within the HOME Program, the Department has called attention to tribal-specific information within this NOFA in green font. However, Native American Entity Applicants are encouraged to carefully read through all NOFA contents and application materials thoroughly, not exclusively the green font portions.
The HOME funds provided through this NOFA will be awarded on a competitive basis to State Recipients, Community Housing Development Organizations (CHDOs), and Developers, as defined in this NOFA. HOME funds awarded to Native American Entities will be on an over-the-counter (“OTC”) application basis, as set forth in this NOFA. Funding may be used for the following eligible uses:
Project Activities
• Multifamily Rental Projects (new construction, acquisition only, and/or rehabilitation with or without acquisition); and
• First-Time Homebuyer (“FTHB”) Projects (subdivision development) Program Activities
• First-Time Homebuyer (“FTHB”) Programs, including infill new construction programs where feasible;
• Owner-Occupied Rehabilitation (“OOR”) Programs; and
• Tenant-Based Rental Assistance (“TBRA”) Programs
To be considered for HOME funding, Applicants must submit a complete application for each HOME project activity and/or program activity through a main application (and a sub-application for each program activity, if applicable), with required documentation via the eCivis Grants Management System (“GMS”) Portal only. The Department will begin accepting applications received through the eCivis GMS Portal on January 24, 2025. For cities, counties, CHDOs, and Developers, each completed application package must be submitted no later than 5:00 P.M. Pacific Daylight Time (PDT) on March 24, May 22, 2025.
For Native American Entity Applicants (whether a Federally Recognized Tribe or NonFederally Recognized Tribe), application packages may be submitted on a continuous, OTC basis until 5:00 P.M. PDT on September 24, 2025.
Timeline
NOFA Release December 30, 2024
Webinars January/February 2025
Competitive application submittal period
for cities, counties, CHDOs, and
Developers
From January 24, 2025, through March 24,
May 22, 2025, 5:00 P.M. PDT
OTC application submittal period for
Native American Entities (NAE-FRTs
and NAE-NFRTs)
From January 31, 2025, through
September 24, 2025, 5:00 P.M. PDT, or
until the available funds are exhausted,
whichever occurs first.
All activities in this NOFA are subject to the availability of funds and continuing U.S.
Department of Housing and Urban Development (“HUD”) and legislative authority.
Applications
Applicants are strongly encouraged to set up their profiles and upload attachments and documents in the eCivis GMS Portal located at https://portal.ecivis.com/ early to ensure successful submissions prior to the application deadline. If Applicants experience trouble logging into the portal or have questions on how to complete the online application, please contact the Department at [email protected].
Assistance setting up a profile, submitting an application, and managing awards through the eCivis GMS portal is available under the Training and Technical Assistance tab on the Department’s HOME website at https://www.hcd.ca.gov/grants-andfunding/programs-active/home- investment-partnerships-program. Links to the eCivis GMS Portal, supplemental application forms, regulations, and program information are available at https://www.hcd.ca.gov/grants-and- funding/programs-active/homeinvestment-partnerships-program.
The Department will hold a series of webinars in January 2025 to review the NOFA and application process. A list of webinar dates, times, and how to register is available on the Department’s HOME website at https://www.hcd.ca.gov/grants-andfunding/programs-active/home-investment-partnerships-program.
Additionally, one-on-one technical assistance appointments will be offered during the application period to assist Applicants with questions regarding the application and application process. Applicants seeking technical assistance may email [email protected] to schedule an appointment. The Department will not accept applications through personal, postal, and/or shipment deliveries, facsimiles, email, walk-in, or any other forms of delivery other than the eCivis GMS Portal.
To receive HOME NOFA FAQs and other program information and updates, please be sure to subscribe to the federal programs email list at https://www.hcd.ca.gov/contact-us/email-signup.
Please direct any questions regarding this NOFA to the HOME Program at:
Attachments
HOME INVESTMENT PARTNERSHIPS
PROGRAM (HOME)
2024 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 651 Bannon Street, Suite 400, Sacramento, CA 95811
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/homeinvestment-partnerships-program Email address: [email protected]
Table of Contents
I. Overview.................................................................................................................................................... 7 A. Notice of Funding Availability ...................................................................................................................... 7 B. Timeline ...................................................................................................................................................... 8 C. Authorizing Legislation and Regulation Authority......................................................................................... 9 D. Application Submission Process ............................................................................................................... 11 E. Definitions ................................................................................................................................................. 13 II. Program Requirements........................................................................................................................... 17 A. Eligible Applicants..................................................................................................................................... 17 B. Additional HOME Eligibility Criteria ........................................................................................................... 22 C. Eligible Activities (Pursuant to 24 C.F.R. § 92.205(a))............................................................................... 23 D. Ineligible Use of Project Funds.................................................................................................................. 25 E. Activity Combination and Limits ................................................................................................................ 26 F. Allocation of Funding ................................................................................................................................ 27 G. Activity Funding Amounts and Limits......................................................................................................... 28 H. Program Income and Recaptured Funds................................................................................................... 31 I. Periods of Affordability .............................................................................................................................. 32 J. Forms of Assistance.................................................................................................................................. 33 K. Administrative and CHDO Operating Funds .............................................................................................. 34 L. Project-Related Soft Costs........................................................................................................................ 35 III. State and Federal Requirements............................................................................................................ 36 A. Property Standards and Physical/Capital Needs Assessments ................................................................. 36 B. Timeframes for Use of Funds.................................................................................................................... 37 C. Match Requirements ................................................................................................................................. 38 D. Transition Reserve Policy ......................................................................................................................... 38 E. Annual Monitoring Fees for Multifamily Projects........................................................................................ 38 IV. Application Review................................................................................................................................. 40 A. Minimum Application Requirements (Threshold) ....................................................................................... 40 B. Scoring and Ranking................................................................................................................................. 42 C. Rental Project Scoring and Notification ..................................................................................................... 43 D. Project Activity Feasibility Review ............................................................................................................. 43 E. Appeals..................................................................................................................................................... 44 V. Award Announcements and Contracts.................................................................................................. 45 A. Award Announcements ............................................................................................................................. 45 B. Contracts .................................................................................................................................................. 45 VI. Federal and State Overlays .................................................................................................................... 47 VII. Other Terms and Conditions.................................................................................................................. 54 A. Right to Modify or Suspend....................................................................................................................... 54 B. Incompatible Funding ................................................................................................................................ 54 C. Conflicts.................................................................................................................................................... 55 D. False, Fictitious or Fraudulent Claims ....................................................................................................... 55 E. Detecting, Preventing, and Reporting Fraud.............................................................................................. 55 F. Combating Fraud ...................................................................................................................................... 55 G. Whistleblower Protection Acts................................................................................................................... 56 H. Cancellation and Defaults ......................................................................................................................... 58 I. Loan Closing Requirements ...................................................................................................................... 58 VIII. List of Appendices.................................................................................................................................. 58 California Department of Housing and Community Development HOME 2024 NOFA
7 HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
NOTICE OF FUNDING AVAILABILITY
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of this 2024 Notice of Funding Availability (NOFA) for approximately $35 million in Fiscal Year 2024 (FY24) federal funds for the HOME Investment Partnerships Program (HOME).
This HOME NOFA provides funding for housing project activities and housing program activities in “non-entitlement jurisdictions” (listed in Appendix A), which are jurisdictions and unincorporated areas that do not receive HOME funding directly from HUD. These HOME funds will be used to benefit residents of nonentitlement jurisdictions and are specifically designed to assist low-income households by providing affordable housing. All eligible HOME activities must benefit low-income renters, homebuyers, or homeowners.
The amount of funding available through this NOFA may vary depending on several factors, including, but not limited to, the Department’s administrative determination of need, changes in legislation directing the Department to make additional funds available, new emergency allocations of funding, or newly available funding from the disencumbrance of previous awards. If additional funding becomes available, the Department may continue evaluating the list of eligible Applicants and make awards up to the additional funding amount available or release an additional NOFA to announce the targeted purpose of the funds.
These funds may be used in conjunction with other local, state, and federal rental housing programs to assist the same units in the proposed Project development, not to exceed the HOME Program maximum per-unit subsidy limits and the actual development cost of the unit. All requirements must be met for each funding source, and, if in conflict, the most restrictive programs’ requirements apply. It is the Applicant’s responsibility to review all applicable regulations and/or guidelines which may be amended from time to time for every funding source anticipated to be used in the development of the Project.
All HOME costs must be: (1) necessary, (2) reasonable, (3) contain no duplication of benefit, (4) not be used to supplant local or state resources, (5) free from fraud, and (6) an eligible use of HOME funds.
The funds available in this NOFA will be used to meet the following statewide goals in accordance with the Department’s 2020-2024 Consolidated Plan and the Department’s 2024-2025 Annual Action Plan, as the same may be amended from time to time, serving low-income households earning at or below 80 percent (80%) of Area Median Income (AMI) and very low-income households earning at or below 50 percent (50%) of AMI:
• Increase the supply of affordable rental housing;
• Expand homeownership opportunities and improve existing housing; California Department of Housing and Community Development HOME 2024 NOFA
8 • Address and prevent homelessness; and
• Provide recovery assistance for natural disaster survivors NOTE: In an effort to improve access and equity within the HOME Program, the Department has called attention to tribal-specific information within this NOFA in green font. However, Native American Entity Applicants are encouraged to carefully read through all NOFA contents and application materials thoroughly, not just the green font portions.
B. Timeline
The following table summarizes the anticipated HOME Program timeline. The Department reserves the right to modify the projected timeline at any time. Any changes to the timeline will be communicated through the Department’s HOME Listserv (https://www.hcd.ca.gov/contact-us/email-signup).
Table 1 – Timeline for Competitive Applicants
NOFA Release December 30, 2024
eCivis application portal opens January 24, 2025
Webinars
January 14, 2025 – Rental
Projects, and FTHB Projects
January 16, 2025 – Program
Activities
Competitive application due date for
cities, counties, CHDOs, and Developers
March 24, May 22, 2025, by 5:00
P.M. Pacific Daylight Time (PDT)
Anticipated Award Announcements
Program Activities
Project Activities with 9% tax credits
Project Activities with 4% tax credits or
with no tax credits
July 7, 2025
December 7, 2025*
December 7, 2025*
*Based on volume, these dates
may change.
California Department of Housing and Community Development HOME 2024 NOFA
9 Table 2 – Timeline for Native American Entity Applicants NOFA Release December 30, 2024
eCivis application portal opens January 31, 2025
Webinar (specifically for Native American
Entity Applicants)
January 21, 2025 – Rental
Projects and FTHB Projects
January 23, 2025 – Program
Activities
OTC application due date for Native
American Entities (NAE-FRTs and NAENFRTs)
September 24, 2025, by 5:00 P.M.
PDT, or until the available funds
are exhausted, whichever occurs
first.
Anticipated Award Announcements
Program Activities
Project Activities with 9% tax credits
Project Activities with 4% tax credits or
with no tax credits
Continuous
Continuous
Continuous
C. Authorizing Legislation and Regulation Authority
This NOFA should be read in conjunction with the following regulations, statutes, and plans, which establish state and federal HOME requirements, as the same may be amended from time to time:
• State HOME Regulations (25 California Code of Regulations “C.C.R.” § 8200 et seq.) https://www.hcd.ca.gov/grantsfunding/active-funding/home/docs/State-HOME-Regulations-eff-1- 1-2017-FINAL.docx investment-partnerships-program
• State Uniform Multifamily Regulations (“UMRs”) (25 C.C.R. § 8300 et seq.) https://www.hcd.ca.gov/grants-and-funding/uniform-multifamilyregulations • Federal HOME Investment Partnerships Act Statutes at Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S. Code “U.S.C.” 12701 et seq.
https://www.hud.gov/sites/documents/19576_HOMELAWS.PDF
• Federal HOME Regulations (24 Code of Federal Regulations “C.F.R.” Part 92)
https://www.hudexchange.info/programs/home/home-laws-andregulations/ California Department of Housing and Community Development HOME 2024 NOFA
10 • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 • State of California 2024-2025 Annual Action Plan
https://www.hcd.ca.gov/policy-and-research/plans-andreports#:~:text=Annual%20Action%20Plan%202021- 2022%20%E2%80%93%20This%20is%20the%20first%20of
All regulatory references are to the state and federal HOME regulations unless otherwise noted.
Other helpful resources, including HUD Community Planning and Development (CPD) Notices, Policy Memos, and other HUD Policy Guidance for the HOME Program can be found at https://www.hudexchange.info/programs/home/.
Several of the terms used in the HOME NOFA have specific meanings defined by state and/or federal HOME regulations. When reviewing this NOFA and the application forms, carefully review the regulations for further defined terms. State HOME definitions are found in 25 C.C.R. § 8201 and 8217 and federal HOME definitions are found in 24 C.F.R. § 92.2.
If state or federal statutes or regulations, or other laws, policies, or procedures governing HOME or its funding are modified by Congress, HUD, the Legislature, or the Department prior to completion of work to be done pursuant to awards made in connection with this NOFA, the changes may become effective immediately and apply to funded activities.
Any inconsistencies between this NOFA and state or federal HOME regulations will be resolved in favor of applicable regulations, unless a waiver or modification was approved by the Director in accordance with AB 1010 (Chapter 660, Statutes of 2019). In those instances, the waiver or modification will prevail when not in conflict with the federal HOME regulations.
The Department reserves the right at its sole discretion to suspend, amend, and/or supplement the provisions of this NOFA from time to time. If such action occurs, the Department will notify interested parties through the Department’s HOME Listserv (https://www.hcd.ca.gov/contact-us/email-signup).
Native American Entities
The state requirements set forth in this HOME NOFA are subject to Assembly Bill 1010 (Chapter 660, Statutes of 2019) (“AB 1010”) which is set forth in Health and Safety Code (HSC) § 50406(p), which provides: (a) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure would cause a violation or not satisfy the requirements of the HOME NOFA, said requirements may be modified as necessary to ensure Program compatibility; and (b) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure or agency create minor inconsistencies (as determined by the Director of the Department or a duly authorized designee thereof) with the requirements set forth in the HOME NOFA, the Department may waive said requirements, as deemed necessary, to California Department of Housing and Community Development HOME 2024 NOFA
11 avoid an unnecessary administrative burden. Matters set forth or otherwise provided for in the HOME NOFA that may be modified or waived include, without limitation, threshold scoring requirements and any other matter set forth in HSC § 50406(p)(2).
Native American Entity Applicants, whether federally recognized or non-federally recognized, are accordingly encouraged to discuss any such potential modifications or waivers and their options in that regard at or during an optional pre-application technical assistance meeting. Native American Entity Applicants should be aware that AB 1010 and the recent legislative change in AB 1878 (Reg. Sess. 2024) allows for the Native American Entity Applicants to apply for a request to modify or waive state HOME statutory and regulatory requirements, or guidelines. Neither AB 1010 or AB 1878 apply to federal HOME statutory and regulatory requirements; however, there may be other federal laws or federal doctrines that could provide a basis for a possible modification of some federal requirements for Native American Entity Applicants. An example is where a Native American Entity has its own Tribally Determined Wage, in which case Davis-Bacon wage requirements are not applicable. While AB 1010 requests can be processed at any time, Native American Entity Applicants are encouraged to begin the AB 1010 waiver request process before their application is submitted in order to allow time for the Department to review and make a legal decision on the request.
The Department urges Native American Entity Applicants to discuss possible waiver and modification requests during technical assistance sessions. AB 1010 waiver and modification request data can be accessed at the Department webpage under “Resources” (https://www.hcd.ca.gov/policy-andresearch/native-american-tribal-affairs).
D. Application Submission Process
The Department will accept applications submitted via the eCivis application portal under this NOFA. Application acceptance and evaluation is subject to the state and federal regulations and the terms outlined in this NOFA. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate.
Electronic Application Submission Process
All Applicants must create an eCivis Profile prior to completing an application.
Once the profile is created, the Applicant must complete an application via the eCivis GMS Portal. Application forms are available on the eCivis GMS Portal, including the Rental Housing Supplemental Application, which is also available on the HOME website at https://www.hcd.ca.gov/grants-and-funding/programsactive/home-investment-partnerships-program.
NOTE: Applications for project activities and program activities are scored and ranked separately. Application requirements include the following:
• Project Activities. One main application must be submitted for each project activity.
California Department of Housing and Community Development HOME 2024 NOFA
12 • Program Activities. One main application must be submitted, along with a sub-application for each additional desired program activity.
All applications (including all required sub-applications) must be uploaded to the eCivis GMS Portal no later than the deadlines specified in Section I (B) Timeline of this NOFA.
The Department will not accept applications through personal, postal, shipment deliveries, facsimiles, email, walk-ins, or any other forms of delivery other than the eCivis GMS Portal.
Applicants that do not meet the filing deadline requirements will not be eligible for funding. Applications must be on the Department’s current forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format, not converted to a PDF document.
The Department may request additional clarifying information from third-party sources, such as local government entities or the Applicant, but this is entirely at the Department’s discretion to determine if the Department has authority to make an award. Upon the Department’s request, the Applicant shall be given five (5) business days, from the date of staff notification, to submit said documents to clarify the application. The third-party sources shall certify that all evidentiary documents deemed to be missing from the application had been executed, and were in the third-party source’s possession, on or prior to, the application filing deadline. For example, an appraisal that existed prior to the application filing deadline may be accepted by the Department as clarifying information.
If the Department still deems the application incomplete, or it fails to provide the minimum requirements, the Applicant may appeal the determination following the guidance in Section IV (E) Appeals of this NOFA.
Disclosure of Application
Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968) (PRA). As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon receipt of a PRA request.
Concurrent Applications
Due to the unique challenges of the current funding environment, the Department allows Applicants to pursue funding from more than one Department funding program. Separate concurrent applications to other HCD program funding sources are permitted under this HOME NOFA. Applicants, however, MUST disclose all Department applications under review and/or applications California Department of Housing and Community Development HOME 2024 NOFA
13 anticipated to be submitted, regardless of who is applying for funding (e.g., city, county, Developer, sponsor, etc.).
The HOME Program has strict federal commitment and expenditure deadlines; therefore, if an Applicant submits any other funding applications to the Department after the HOME NOFA application due date, Applicant must notify HOME Program staff via the HOME NOFA mailbox ([email protected]).
If Applicants are competitive for a HOME award, the Department will consult with Applicants to determine the best funding scenario for Project feasibility while balancing cost containment. If the Project receives a state program award after the HOME NOFA application due date, HOME NOFA Applicants may be asked to accept a reduction of any Department-administered state program award by the amount of any HOME Project award.
E. Definitions
“Applicant” is any eligible State Recipient, CHDO, Developer, or Native American Entity which submits an application to the Department to operate Programs or develop or rehabilitate Projects using HOME funds within a specified jurisdictional boundary, in accordance with 25 C.C.R. § 8201 and 8204 and HSC § 50896. A Developer of a Project shall not act as administrative subcontractor for the activity.
“At Risk of Homelessness” means the same as defined under the federal Continuum of Care Program at 24 C.F.R. § 578.3, as may be amended and renumbered from time to time.
“Awardee" means the eligible Applicant (and, if applicable, the Co-Applicant) that has been awarded funds from the Department under the HOME Program, and that will be held responsible for compliance with and performance of all HOME requirements.
“Choice-Limiting Actions” means an action that may have an adverse impact on the environment or limit the choice of reasonable alternatives. A ChoiceLimiting Action may include, but is not limited to, executing a purchase and sale agreement, signing a lease agreement, real property acquisition, rehabilitation, repair, demolition, disposition, or new construction. For the purposes of environmental review, the Project is the aggregation of all activities that are required to build the Project and must be included in the scope of the environmental review. Even if HOME funds are used to pay for only a portion of the overall Project, Awardees and Subrecipients must be aware of activities that are considered Choice-Limiting Actions, because taking such actions before the completion of the HUD Environmental Review process can automatically disqualify the project from receiving federal funds. Activities listed at 24 C.F.R. §
58.35(b) that are Categorically Excluded Not Subject To 24 C.F.R. § 58.5 (e.g., Tenant-Based Rental Assistance, provision of services) are not Choice-Limiting Actions.
“Developer” means any legal entity, including Native American Entities (Native American Entities-Federally Recognized Tribes and Native American Entities- California Department of Housing and Community Development HOME 2024 NOFA
14 Non-Federally Recognized Tribes), that will provide or arrange for design, financing, and construction services in connection with a housing Project as set forth in 25 C.C.R. § 8201(i). A nonprofit organization, formed as a special purpose entity in compliance with 25 C.C.R. § 8313.2, by a Non-Federally Recognized Tribe (NAE-NFRT) as defined herein, may be considered a Developer if the NAE-NFRT satisfies all other Developer eligibility requirements. “Enforceable Funding Commitment” means a letter or other document, in form and substance satisfactory to the Department, which evidences an enforceable commitment of funds or a reservation of funds by a Project funding source, and which contains the following:
o The name of the Applicant;
o The Project name;
o The Project site address, assessor’s parcel number, or legal description; and
o The amount, interest rate (if any), and terms of the funding source.
The Enforceable Funding Commitment may be conditioned on certain standard underwriting criteria, such as appraisals, but may not be generally conditional.
Examples of unacceptable general conditions include phrases such as “subject to senior management approval,” or a statement that omits the word “commitment,” but instead indicates the lender’s “willingness to process an application” or indicates that financing is subject to loan committee approval of the Project.
Note: Contingencies in commitment documents based upon the receipt of lowincome housing tax credits do not count as committed for purposes of gaining points in this scoring category.
“Homeless” or “Homelessness” means the same as defined under the federal Continuum of Care Program at 24 C.F.R. § 578.3, as may be amended and renumbered from time to time. “Homeless” includes “Chronically Homeless” and “Homeless with a Disability.”
“Homeownership” means ownership in fee simple title of a 1- to 4-unit dwelling or condominium unit, or equivalent form of ownership approved by HUD. (1) The land may be owned in fee simple, or the homeowner may have a 99-year ground lease.
(i) For housing located in the insular areas, the ground lease must be 40 years or more.
(ii) For housing located on Native American Lands as defined in 25 C.C.R. § 8201(y)(1), the ground lease must be 50 years or more.
(iii) For manufactured housing, the ground lease must be for a period at least equal to the applicable period of affordability in 24 C.F.R. § 92.254.
California Department of Housing and Community Development HOME 2024 NOFA
15 “Local Agency” means a city, county, city and county, or a Native American Entity that is a duly constituted governing body of an Indian Reservation or Rancheria, in accordance with HSC § 50077.
“Local Public Entity” means any county, city, city and county, Native American Entity that is a duly constituted governing body of an Indian Reservation or Rancheria, redevelopment agency organized pursuant to Part 1 (commencing with section 33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with section 34200) of Division 24, in accordance with HSC § 50079.
“Native American Entity” (“NAE”) means an “Indian Tribe” or a “Tribally Designated Housing Entity” that is any of the following: a) Applicant meets the definition of Indian Tribe under Section 4103(13)(B) of Title 25 of the United States Code; b) Applicant meets the definition of Tribally Designated Housing Entity under 25 U.S.C. 4103(22); or c) If Applicant is not a federally recognized tribe as identified above, Applicant is either: (1) Listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to 25 C.F.R.
Part 83.1; or (2) An Indian Tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of consultation pursuant to GC Section 65352.3, and 3) has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2. “Native American Entity – Federally Recognized Tribe (“NAE-FRT”) means any Tribal Government which is a federally recognized tribe as defined at 25 U.S.C. section 4103(13)(B) and includes a duly constituted governing body of an Indian Reservation or Rancheria as Health and Safety Code section 50077 and 50079; or is a Tribally Designated Housing Entity under 25 U.S.C. section 4103(22).
A NAE-FRT may apply as a State Recipient or Developer for HOME Funds. “Native American Entity – Non-Federally Recognized Tribe” (“NAE-NFRT”) means any Tribal Government which is an Indian Tribe located in California that is not a federally recognized tribe and is either: (1) listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to 25 C.F.R.
Part 83.1, and has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2; or (2) listed on the contact list maintained by the California Native American Heritage Commission for the purposes of consultation pursuant to Government Code (GC) § 65352.3, and (3) has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2.
A NAE-NFRT may apply as only a Special Purpose Entity Developer for HOME funds for project activities.
“Native American Lands” means real property located within the State of California that meets the following criteria: (1) is trust land for which the United States holds title to the tract or interest in trust for the benefit of one or more tribes or individual Indians, or is restricted Indian land for which one or more tribes or individual Indians holds fee title to the tract or interest but can alienate or encumber it only with the approval of the United States; and the land may be leased for housing development and residential purposes under federal law; or California Department of Housing and Community Development HOME 2024 NOFA
16 (2) lands outside the jurisdiction of tribal government owned or co-owned by a Native American Entity in accordance with 25 C.C.R. § 8201(y). “Native American Entity (NAE) Service Area” means the area where the Project is located within the Native American Lands and includes lands outside the NAE tribal government jurisdiction up to 100 miles from the boundary of the NAE trust or restricted land as defined at 25 U.S.C. 2201 that is within nonentitlement jurisdictions. “Project” means a site or sites together with any building (including a manufactured housing unit) or buildings located on the site(s) that are under common ownership, management, and financing and are to be assisted with HOME funds as a single undertaking. The Project includes all the activities associated with the site and building. For program activities, such as First-time Homebuyer (FTHB), Owner-Occupied Rehabilitation (OOR), and Tenant-Based Rental Assistance (TBRA), “Project” means assistance to one or more families. “Project Commitment” means the date the state has executed a Standard Agreement with an Awardee that includes the date and signature of each person signing the agreement, and that meets the minimum requirements of a Standard Agreement as defined in 24 C.F.R. § 92.504(c).
If the Department or the Awardee is providing HOME First-time Homebuyer (FTHB) Assistance to a family to acquire single-family housing, the Department or Awardee and the family must have an executed written agreement under which the HOME assistance will be provided, and the property title must be transferred to the family or purchaser within six months of the agreement date.
If the Department or Awardee is providing HOME assistance to a family in the form of Tenant-Based Rental Assistance (TBRA), the Department or the Awardee must have an executed rental assistance agreement with the owner or the tenant in accordance with the provisions of 24 C.F.R. § 92.209.
For State Recipient Awardees, Project Commitment means the date when the written agreement is executed by the Awardee and the Developer(s) of the Project.
“Project Completion” means that all necessary title transfer requirements and construction work have been performed; the Project complies with HUD’s requirements, including the property standards at 24 C.F.R. § 92.251; the final drawdown of HOME funds has been disbursed for the Project; and the Project Completion information has been entered into HUD’s disbursement and information system. For tenant-based rental assistance, Project Completion means the final drawdown has been disbursed for the Project. The Department may also require a recorded Notice of Completion, Certificate of Occupancy, and/or evidence of stabilized rents to demonstrate Project Completion. Pursuant to 24 C.F.R. § 92.502(d), Project Completion must occur within 120 days of final disbursement of funds.
“Special Needs Population(s)” means the same as defined in the Multifamily Housing Program guidelines: people with disabilities; At Risk of Homelessness; individuals with substance use disorders; frequent users of public health or mental California Department of Housing and Community Development HOME 2024 NOFA
17 health services, as identified by a public health or mental health agency; individuals who are fleeing domestic violence, sexual assault, or human trafficking; individuals who are experiencing Homelessness and individuals experiencing Chronic Homelessness; homeless youth as defined in California Government Code § 129571(e)(2); families in the child welfare system for whom the absence of housing is a barrier to family reunification, as certified by a county; individuals exiting from institutional settings or at risk of placement in an institutional setting; older adults in need of supportive services; or other specific groups with unique housing needs as determined by the Department. “Special Needs Populations” do not include seniors unless they otherwise qualify as a Special Needs Population.
“Special Purpose Entity” means the legal entity or combination of legal entities with continuing control of the HOME Project that meets the requirements of 25 C.C.R. § 8313.2.
“State Recipient” means a “unit of general local government” designated by the state to receive HOME funds, in accordance with 24 C.F.R. § 92.201(b)(2) and 25 C.C.R. § 8201(ii), including NAE-FRTs.
NOTE: HUD has opined in a HUD letter to the Department dated March 16, 2016, that NAE-FRTs are considered a “unit of general local government” and thus eligible for HOME funds as a State Recipient. The Department, upon request, will produce a copy of the HUD letter dated March 16, 2016. “Subrecipient” means a public agency or nonprofit organization selected by the Department to administer a portion of the state HOME Program to produce affordable housing, provide down payment assistance, or provide tenant-based rental assistance. Per 24 C.F.R. 92.2, a public agency or nonprofit organization that receives HOME funds solely as a Developer or owner of a housing project is not a Subrecipient.
NOTE: HUD has opined in a HUD letter to the Department dated March 16, 2016, that the definition of “public agency” is construed broadly to mean “governmental entity” and thus includes NAE-FRTs to be eligible for HOME funds as a Subrecipient.
II. Program Requirements
The following is provided as only a summary and is not to be considered a complete representation of the entirety of the eligibility, threshold, or other requirements or terms and conditions of the HOME Program.
A. Eligible Applicants
1. State Recipients, as defined by this NOFA, including NAE-FRTs To meet the definition of an eligible State Recipient, Applicants must meet the following criteria:
a. Have not been designated as a HOME Participating Jurisdiction by HUD; California Department of Housing and Community Development HOME 2024 NOFA
18 b. Are not participants in an Urban County Agreement with a county that is designated as a Participating Jurisdiction;
c. Are not participants in a HOME Consortium; and
d. Are proposing project or program activities that will be located or carried out in the Applicant’s defined service area. Generally, this will be within the Applicant’s city limits, a county’s unincorporated area, or on or within 100 miles of Native American Lands as defined in 25 C.C.R. § 8201(y)(1) and within non-entitlement jurisdictions.
NOTE: NAE-FRTs must carry out program activities within the defined NAE Service Area. NAE-FRTs must carry out project activities located within the state HOME Program’s non-entitlement jurisdictional boundaries, which includes Native American Lands located within California.
Eligible city and county jurisdictions for 2024 federal HOME funds are listed in Appendix A. If a jurisdiction is not listed in Appendix A and is seeking a determination of eligibility by the Department, the jurisdiction must submit a copy of the consortium or urban county agreement indicating that the jurisdiction is not a participant of a FY 2024-2025 HOME consortium or Urban County Agreement. The agreement must be submitted no later than April 16, 2025, to the Department at [email protected].
When a State Recipient partners with a Developer for a project activity, the State Recipient must document its own experience implementing local, state, or federal funding for affordable housing (creation or preservation of) and/or community development projects. The Developer is the entity that the Department relies upon for experience and capacity and must control the Project during acquisition (site control), development, and occupancy. Developers must satisfy all other eligibility requirements detailed in this NOFA including, but not limited to, experience and capacity requirements.
NOTE: Developer experience can be used to meet the minimum experience requirements for only one Developer application in this NOFA round. Developers may not submit separate HOME applications under the name of another entity over which they exercise control, as a way to get around the one application limit.
A Limited Partnership (LP) is not considered an eligible Applicant/Awardee but may be the ultimate borrower under specific circumstances. If an eligible Applicant intends to create a LP, please consult with HOME staff prior to submitting an application.
2. Eligible CHDOs (State-certified Community Housing Development Organizations (CHDOs) as defined by 25 C.C.R. § 8201(f)) a. CHDO Applicants must meet all the requirements found at 24 C.F.R. §
92.2 at the time of application submittal and be certified by the Department prior to any project activity or program activity funding award through this NOFA.
California Department of Housing and Community Development HOME 2024 NOFA
19 b. CHDO Applicants are required to submit through the eCivis GMS Portal the following documents required to complete the certification review prior to, or as part of, the application package:
(1) A copy of the letter from the Internal Revenue Service demonstrating exemption under Section 501(c)(3) or (4) and evidence of good standing from the California Franchise Tax Board dated no more than 12 months prior to the date Applicant applies for certification. (2) A copy of the organization’s financial statements dated no more than 12 months prior to the date Applicant applies for certification. (3) A copy of the organization’s bylaws, containing at a minimum, the governing board composition, the fulfillment and maintenance of the 1/3 low-income representation requirement found in 24 C.F.R. § 92.2, description of the manner in which board members are selected, evidence of purpose of the organization that complies with the requirement in 24 C.F.R. § 92.2, and disclosure of relationships with for-profit individuals and/or entities, if any, as they relate to the governance of the organization.
(4) A copy of the organization’s articles of incorporation and any amendments.
(5) A copy of Certificate of Status from the California Secretary of State dated no more than 12 months from the date of application of certification.
(6) A description of the formal process used to solicit advice from lowincome beneficiaries in decisions regarding design, citing, development, and management of affordable housing.
(7) A plan that describes tenant participation in management decisions for rental projects and the proposed fair lease and grievance procedures pursuant to 24 C.F.R. § 92.303.
(8) A list of current staff members responsible for HOME activities, with resumes. If staff do not have capacity, a commitment to hire an experienced consultant and a training plan must be submitted with the application for certification. For its first year of operating as a CHDO, an organization may satisfy this requirement through a contract with a consultant who has housing development experience to train appropriate key staff of the organization.
(9) Evidence of the Applicant’s history serving the community where the HOME assisted housing will be located.
(10) A list of current board members, their occupations, and the names of their employers.
(11) A document that demonstrates to the satisfaction of the Department that any and all audit findings will have been resolved prior to receiving Department funding.
California Department of Housing and Community Development HOME 2024 NOFA
20 (12) Evidence the CHDO has not been debarred or suspended from participation in federal or state housing or community development projects or programs.
(13) Board Member Certifications completed and signed by each Board Member.
c. Projects being funded through this NOFA with the CHDO set-aside are required to be “owned, developed, or sponsored” by an eligible state certified CHDO. “Owned, developed, and sponsored” are defined at 24 C.F.R. § 92.300 as:
(1) Owner: Rental housing is “owned” by the CHDO if the CHDO is the owner in fee simple absolute of multifamily or single-family housing (or has a long-term ground lease meeting the requirements of 25 C.C.R. § 8316) for rental to low-income families in accordance with 24 C.F.R. §
92.252. If the housing is to be rehabilitated or constructed, the CHDO hires and oversees the Developer that rehabilitates or constructs the housing. At minimum, the CHDO must hire or contract with an experienced Project manager to oversee all aspects of the development, including obtaining zoning, securing non-HOME financing, selecting a Developer or general contractor, overseeing the progress of the work, and determining the reasonableness of costs.
The CHDO must own the rental housing during development and for a period at least equal to the period of affordability. If the CHDO acquires housing that meets the property standards in 24 C.F.R. § 92.251, the CHDO must own the rental housing for a period at least equal to the period of affordability.
This option is available to CHDOs with experience and capacity to own and operate affordable rental housing but without the experience or capacity to develop the Project. This option is not available if the Project is owned by a limited partnership entity (see Sponsor paragraph below).
(2) Developer: The CHDO may act as Developer if the CHDO is the owner of multifamily or single-family housing in fee simple absolute (or has a long-term ground lease meeting the requirements of 25 C.C.R. § 8316) and the Developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for rent to low-income families in accordance with 24 C.F.R. § 92.252. To be the Developer, the CHDO must be in sole charge of all aspects of the development process, including obtaining zoning, securing non-HOME financing, selecting architects, engineers, and general contractors, overseeing the progress of the work, and determining the reasonableness of costs. At a minimum, the CHDO must own the housing during development and for a period at least equal to the period of affordability specified in 24 C.F.R 92.252.
This option is not available if the Project is owned by a limited partnership entity (see Sponsor paragraph below).
California Department of Housing and Community Development HOME 2024 NOFA
21 CHDOs are not allowed to act as Developer in Projects where the CHDO does not have a long-term ownership interest and contractual relationship with the Project owner (i.e., a Development Services Agreement) to develop the Project.
(3) Sponsor: 24 C.F.R. Part 92 provides two explanations of what it means to “sponsor” a HOME-assisted rental housing Project.
a) A CHDO “sponsors” a Project when the property is “owned” or “developed” by:
o An affiliated subsidiary of the CHDO, which is wholly owned by the CHDO;
o A limited partnership of which the CHDO or its wholly owned affiliated subsidiary is the sole general partner; or
o A limited liability company of which the CHDO or its wholly owned affiliated subsidiary is the sole managing member. b) A CHDO may “sponsor” a Project in situations where the CHDO owns the property (in fee simple absolute), develops the housing, and agrees to convey the housing to a different private nonprofit organization at a predetermined point in time after Project Completion. The nonprofit to which the Project will be conveyed does not need to be a CHDO but must be identified and approved by the Department prior to Project Commitment of HOME funds. Additionally, this nonprofit cannot be created by a governmental entity. If for any reason the Project is not transferred to this nonprofit, the CHDO remains liable for the HOME funds and Project for the term of the affordability period. c) If awarded HOME funds, CHDOs must obtain all necessary permanent Project financing, including the permanent financing for the required period of affordability, and must execute a Standard Agreement with the Department pursuant to 25 C.C.R. § 8217(b)(1).
d. CHDO FTHB Projects and Infill New Construction site control and ownership requirements:
(1) Housing for homeownership is “developed” by the CHDO if the CHDO is the owner (in fee simple absolute) and developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for sale to low-income families in accordance with 24 C.F.R. § 92.254.
(2) Pursuant to 24 C.F.R. § 92.300(a)(6)(i), to be the “developer,” the CHDO must arrange financing of the Project and be in sole charge of construction. The CHDO may provide direct homeownership assistance (e.g., down payment assistance) when it sells the housing to low-income families and the CHDO will not be considered a subrecipient. The HOME funds for down payment assistance shall not be greater than 10 percent (10%) of the total amount of HOME funds awarded for development of the housing.
California Department of Housing and Community Development HOME 2024 NOFA
22 (3) The state or the State Recipient must determine and set forth in its written agreement with the CHDO the actual sales prices of the housing or the method by which the sales prices for the housing being developed will be established.
(4) Prior to award, CHDOs must be certified to serve the jurisdiction in which the Project is located, and the jurisdiction must be eligible to receive state HOME assistance funds.
3. Eligible Developers, as defined by this NOFA
The Developer applying for the HOME funding is the entity that the Department relies upon for experience and capacity and must control the Project during acquisition (site control), development, and occupancy.
Developers must satisfy all other eligibility requirements detailed in this NOFA including, but not limited to, experience and capacity requirements.
Developers may partner with a State Recipient Applicant in addition to submitting one application on its own, however both applications must not be for the same Project.
NAE-NFRTs may apply for HOME funds only as Developers and are not eligible to apply as State Recipients or CHDOs. NAE-NFRTs applying as Developers may apply only for project activities.
NOTE: Developer experience can be used to meet the minimum experience requirements for only one Developer application in this NOFA round.
Developers may not submit separate HOME applications under the name of another entity over which they exercise control as a way to get around the one application limit. A Limited Partnership (LP) is not considered an eligible Applicant/Awardee but may be the ultimate borrower under specific circumstances. If an eligible Applicant intends to create a LP, please consult with HOME staff prior to submitting an application.
B. Additional HOME Eligibility Criteria
1. Minimum Expenditure Requirement for Program Activities (50 Percent Rule) Pursuant to 25 C.C.R. § 8204(b), Applicants with current HOME Program activities contracts for which the expenditure deadline established in the contract(s) has not yet passed shall be ineligible to apply for a program activity unless the Applicant has expended at least 50 percent (50%) of the aggregate total of program funds originally awarded by this NOFA’s applicable application due date.
Potential Applicants with no current HOME Program activities contracts are not affected by this rule.
“Expended Funds” are the total of all valid Administrative and Project Drawdown Requests (PDRs) or, for TBRA, future commitments on Project Set-up Reports received by the Department by the NOFA application deadline. Additionally, for FTHB and OOR, a valid PDR is limited to the amount needed for reimbursement of actual expenses for work that has been completed (Work Completed). Work Completed varies by activity as follows:
California Department of Housing and Community Development HOME 2024 NOFA
23 a. FTHB activity: escrow has closed, as evidenced by a final HUD Settlement Statement.
b. OOR activity: construction completed and inspected.
c. TBRA activity: rental payment assistance amount multiplied by the number of months in the individual tenants’ TBRA agreements, to the extent those funds are available in existing TBRA grants.
2. Applicants must be in good standing with the State of California and all agencies and departments thereof. For example, if an Applicant is a business entity, such entity must be qualified to do business in California and currently in good standing with the California Secretary of State and the California Franchise Tax Board.
C. Eligible Activities (Pursuant to 24 C.F.R. § 92.205(a))
1. Project Activities — Eligible HOME project activities are as follows:
a. Rental Projects
(1) Rental New Construction Projects — funds are provided to develop a specific multifamily Project on a specific site by a specific Developer. Rental new construction Projects may be with or without acquisition of the property; or
(2) Rental Rehabilitation Projects — funds are provided to rehabilitate a specific rental Project on a specific site by a specific Developer, with or without acquisition of the property; or
(3) Rental Acquisition Projects — funds are provided to acquire a specific rental Project that meets all HOME requirements including property standards.
Applicants requesting project activities funding for a rental Project consisting of multiple sites must be in compliance with 25 C.C.R. § 8303(b).
b. First-Time Homebuyer (FTHB) Projects
Construction financing must include the following:
(1) New construction or acquisition/rehabilitation/conversion to develop homes on specific site(s).
(2) All (100 percent) of the HOME investment rolls over to permanent financing to provide mortgage assistance to eligible first-time homebuyers when the units are sold to eligible homebuyers.
NOTE: Rental and FTHB Projects with multiple sites must have common ownership and financing.
California Department of Housing and Community Development HOME 2024 NOFA
24 2. Program Activities — Eligible HOME Program Activities are as follows:
a. First-Time Homebuyer (FTHB) Program
(1) Acquisition-only Down Payment Assistance – funds are awarded to HOME-eligible Applicants to provide individual loans to homebuyers to purchase modest dwellings selected from the open market.
NOTE: CHDOs are ineligible for this activity.
(2) Infill New Construction – funds are awarded to eligible State Recipients or CHDOs to provide assistance for the new
construction of dwellings on scattered sites, with no more than four dwellings per vacant site, subject to the following requirements:
Pursuant to federal National Environmental Policy Act (NEPA) requirements, an environmental assessment
(EA) will be required, regardless of the funding source, if there are more than four units developed within 2,000 feet of one another.
Pursuant to the HOME NOFA, to be considered an Infill New Construction program the Applicant must assume
the role of Developer, own the property during
construction, and sell the home to an eligible
homebuyer within nine (9) months of Project
Completion. All dwellings must be situated on land
where site control is established through fee simple,
leasehold, or another manner approved in writing by
the Department, and be affixed to a permanent
foundation at the time of construction closing. Please
note, Section II (A) and Section IV (A) of this NOFA
further specify site control requirements for Infill New Construction Projects.
Pursuant to 25 C.C.R. § 8207, the FTHB primary mortgage loan must be fully amortized and have a fixed interest rate that does not exceed the current market rate by more than 100 basis points (1%), based on the Freddie Mac 30-year Fixed Rate Mortgage rate at
https://www.freddiemac.com/pmms.
b. Owner-Occupied Rehabilitation (OOR) Program
Funds are provided to HOME-eligible Applicants to assist individual homeowners whose primary residence needs repairs, improvements, or reconstruction necessary for correction of any health and safety deficiencies, and to meet locally adopted standards used for rehabilitation Projects.
“Reconstruction” means demolition and rebuilding on the same residential lot. This includes homes destroyed by natural causes if California Department of Housing and Community Development HOME 2024 NOFA
25 HOME funds are committed within 12 months of the date of destruction. c. Tenant-Based Rental Assistance (TBRA) Program
Funds are provided to HOME Applicants to provide rent subsidies and/or security deposits to eligible households. The minimum term of rental assistance to an eligible household is six months; however, the tenant must be initially offered a one-year lease. TBRA funds may be used to assist tenants to reside in any state HOME-eligible jurisdiction within the county where the TBRA funds were awarded. TBRA funds awarded to NAE-FRTs must be used to assist tenants with housing within the NAE Service Area of the NAE-FRT Applicant.
For example, TBRA funds awarded to the City of Winters can also be used for units located in West Sacramento, Woodland, and the unincorporated areas of Yolo County, since these jurisdictions are state HOME eligible within Yolo County, but they may not be used in Davis, which is not state HOME eligible.
D. Ineligible Use of Project Funds
Pursuant to 24 C.F.R. § 92.214, federal HOME funds cannot be used for several items, including, but not limited to:
1. Initial deposits to replacement reserves as required by 25 C.C.R. § 8309.
Therefore, in a Project where HOME is the only source of financing, or if other funding sources cannot pay for these costs, the Developer must pay them;
2. Providing tenant-based rental assistance for the special purposes of the existing Section 8 program;
3. Providing non-federal matching contributions required under any other federal program; and
4. Applicants may not charge servicing, origination, or other fees for the purpose of covering costs of administering the HOME Program (e.g., fees on lowincome families for construction management or for inspections for compliance with property standards) (see 24 C.F.R. § 92.206(d)(6) and §
92.207), with exceptions referenced in 24 C.F.R. § 92.214(b)(1).
In accordance with the Department’s 2024-2025 Annual Action Plans, HOME funds may not be used to pay for the cost to refinance existing Project debt.
Pursuant to 24 C.F.R. § 92.206(a)(4), HOME funds cannot pay for the costs associated to construct or rehabilitate laundry and/or other community facilities located in separate buildings containing no residential units. In addition, any community facilities must be for the exclusive use of the residents and their guests.
Pursuant to 24 C.F.R. § 92.206 (b)(2)(vi), federal HOME funds cannot be used to refinance single family or multifamily housing loans made or insured by any federal program, including CDBG.
California Department of Housing and Community Development HOME 2024 NOFA
26 Additionally, HOME funds cannot provide a duplication of benefit or supplant any other federal, state, or local funds previously committed to the Project.
For further ineligible uses of HOME funds, refer to 24 C.F.R. § 92.214.
E. Activity Combination and Limits
State Recipients (excluding Developers and CHDOs) may apply for multiple eligible activities as follows:
1. One rental Project and one FTHB Project; or
2. One rental Project and any combination of eligible program activities; or
3. One FTHB Project and any combination of eligible program activities, except for a FTHB program.
CHDOs may apply for multiple eligible activities as follows:
1. One rental Project and one FTHB Project; or
2. One rental or FTHB Project and one FTHB program activity for infill new construction.
Developers (not applying through a State Recipient) may submit one application pursuant to this NOFA.
This application may consist of only one eligible activity as follows:
1. One rental rehabilitation Project, with or without acquisition; or
2. One rental new construction Project, with or without acquisition.
NOTE: Using both HOME FTHB project activity funds and HOME FTHB program activity funds for the same Project is not permitted.
California Department of Housing and Community Development HOME 2024 NOFA
27 F. Allocation of Funding
To promote equitable distribution of HOME Program funds, funding made available by this NOFA will be allocated in accordance with the state regulations and funding targets cited below, to the extent eligible applications are submitted to the Department.
Table 3 - Allocation of Funding
Funding Targets and Statutory Set-Asides (not including the Department’s administrative costs)
Amount
CHDO Set-Aside
Pursuant to 24 C.F.R. § 92.300(a), the Department will
allocate 15 percent (15%) of total funds available for housing to be owned, developed, or sponsored by CHDOs.
$ 5,273,980
Program Activities Funding Target
Pursuant to 25 C.C.R. § 8212.1, the Department will
allocate 40 percent (40%) of total funds available for
program activities.
$ 14,454,611
Rental Projects Funding Target
Pursuant to 25 C.C.R. § 8212.1, the Department will
allocate 55 percent (55%) of total funds for rental
Projects.
$ 19,923,923
First-Time Homebuyer Projects Funding Target
Pursuant to 25 C.C.R. § 8212.1, the Department will allocate 5 percent (5%) of total funds available for FTHB Projects. $ 1,757,993
Rural Areas Funding Target
Pursuant to 25 C.C.R. § 8212 (b)(3), the Department will reserve a minimum of 50 percent (50%) of total funds
available for Rural areas as defined in the HSC § 50199.21. $ 17,579,932
Native American Entity Funding Target
The Department will target 20 percent (20%) of total
funds available for Native American Entity Applications (as either State Recipients or Developers).
Please note, NAE-NFRTs cannot apply for HOME funds
as State Recipients.
$ 7,031,973
25 C.C.R. § 8213(d) specifies that in the event there are insufficient monies to fund an Applicant’s entire program activities funding request, the Applicant may be offered a lower amount of funding. The lower amount of California Department of Housing and Community Development HOME 2024 NOFA
28 funding may be offered only if the funding is sufficient to complete a portion of the application activities, which, if evaluated separately, would have been awarded. If the amount of funding available is insufficient, the available funds may be allocated to another feasible program activities application.
If applications from Native American Entities total less than the funding target, the portion not awarded will roll over to the competitive portion of the NOFA for all other Applicants.
If the NOFA results in insufficient applications to meet a state statutory setaside or funding target, the portion of the funding target not awarded will roll over to fund other competitive Applications. For example, if applications received for the program activities funding target are undersubscribed, the Department may use the funds of the remaining program activities target to award applications received for project activities.
If the NOFA results in insufficient applications to award all available funds, the Department reserves the right to reopen the application submission period on an OTC first come, first served basis, through the date of the next NOFA release, or until the available funds are exhausted, whichever occurs first.
G. Activity Funding Amounts and Limits
CHDOs may apply for up to $4,5000,000 for a multifamily rental Project and up to $75,000 for CHDO operating costs, for a total maximum request of $4,575,000.
Developers may apply for up to $4,500,000 for a Project. Developers are not eligible for reimbursement of administrative costs or Project-related soft costs.
Prior to issuing the Award letter, the Department will evaluate the financial feasibility of each Project and may, as necessary for Project feasibility or to prevent over subsidizing a Project in accordance with 25 C.C.R. § 8300 et seq., decrease the HOME award amount.
State Recipients (excluding Developers) may apply for up to $4,500,000 for a multifamily rental Project, up to $50,000 for administrative costs, and up to $50,000 for Project-related soft costs, for a maximum total request of $4,600,000. Please note that Project-related soft costs are included in the maximum per-unit-subsidy limit.
For State Recipient Applicants, maximum award limits apply only to the amount of HOME funds requested through this NOFA and do not include any HOME Program Income (PI) the Applicant proposes to use.
Applicants are encouraged to use HOME PI on hand and any HOME (PI) that the Applicant intends to use for the project activity must be included in the application budget. For example, if an Applicant has $1,000,000 of HOME PI on hand and intends to use this PI as a funding source for the current HOME application’s project activity, the HOME PI and grant combined amount must be included in the loan to the Developer. In this California Department of Housing and Community Development HOME 2024 NOFA
29 case, the HOME award amount may exceed the maximum award limit by $1,000,000.
NOTE: The total combined amount of HOME funds requested (including the HOME grant/loan amount plus any PI proposed for the project) is subject to the HOME maximum per-unit subsidy limits.
Homebuyer Project Loan Limits:
• Down Payment assistance cannot exceed the percentage
indicated in the Applicant’s approved First Time Homebuyer Guidelines of the proposed unit sales price plus closing costs.
Applicants will need to consider the income levels of the pool of potential participants to determine the amount of HOME funds needed to complete the project and ensure each beneficiary is provided HOME down payment assistance based on need and remain within the HOME Program maximum per-unit subsidy limits.
• The HOME Program maximum per-unit subsidy limits and the HOME Homeownership Value Limits apply. All loan amounts will be verified by a subsidy layering analysis, and loan amounts will be reduced if the amount requested exceeds what is needed.
Project Activity Funding Limits
Table 4 - Funding Limits by Project Activity
Rental new construction or rehabilitation
with or without acquisition $4,500,000
FTHB Projects $2,000,000
CHDO Operating Grant* $75,000
Administrative Grant* $50,000
Project-Related Soft Costs Grant* $50,000
*See Section II (K) and (L) of this NOFA for guidance.
Minimum Amount of Funds per Project
The minimum amount of HOME funds that must be invested in a rental or homeownership housing Project is $5,000 per HOME-assisted unit in the Project. For example, a homeownership housing Project with 30 units, of California Department of Housing and Community Development HOME 2024 NOFA
30 which 15 units are HOME-assisted, requires a minimum HOME investment of $75,000.
This requirement does not apply to TBRA funding.
Maximum Amount of Funds per Project
The maximum amount of HOME funds invested in a Project, direct beneficiary assistance, and Project-related soft costs, shall not exceed the lower of:
a. HOME Program maximum per-unit subsidy limits, established by HUD (at the time of application), under 24 C.F.R. § 92.250; or b. Pursuant to 24 C.F.R. § 92.205(d)(1), only the actual HOME-eligible development costs of the assisted units may be charged to the HOME Program. If the assisted and non-assisted units are comparable in terms of size, features, and number of bedrooms, the actual cost of the HOMEassisted units can be determined by prorating the total HOME eligible development costs of the Project so that the proportion of the total development costs charged to the HOME Program does not exceed the proportion of the HOME-assisted units in the Project. If the assisted and non-assisted units are not comparable, the actual costs may be determined based on a method of cost allocation; and
c. The amount of HOME funds invested in a Project (when combined with other financing and assistance), must accomplish the following:
i. Enable the Project as proposed to be developed and operate in compliance with all HOME requirements, including the subsidylayering requirement at 24 C.F.R. § 92.250. For more information, see HUD CPD Notice 15-11: Requirements for the Development and Implementation of HOME Underwriting and Subsidy Layering Guidelines
ii. For rental Projects, achieve a debt-service coverage ratio in accordance with 25 C.C.R. § 8310.
The current income and rent limits (at the time of application) must be used in these calculations. They are located on the Department’s website at:
https://www.hcd.ca.gov/grants- and-funding/income-limits/state-and-federalincome-rent-and-loan-value- limits. The current HOME Program maximum per-unit subsidy limits are also incorporated into the application forms required to be completed when responding to this NOFA.
FTHB and OOR activities are also subject to the HOME Homeownership Value Limits (at the time of application), also located on the same website.
A Project may receive only one HOME award as a result of this NOFA. This prohibits the combination of awards to a State Recipient, Developer, and/or CHDO on the same Project.
Pursuant to 24 C.F.R. § 92.250, before committing funds to a Project, the Department must evaluate the project in accordance with the UMRs and will not California Department of Housing and Community Development HOME 2024 NOFA
31 invest any HOME funds, in combination with other governmental assistance, than is necessary to provide affordable housing. HOME Projects may not receive more subsidy than what is required to make them financially feasible.
Program Activities Funding Limits
Maximum: $1,000,000 (including general administrative costs and Projectrelated soft costs). Minimum: $500,000. Applies to HOME-eligible Applicants for all program activities, subject to the following chart:
Table 5 – Program Activities Funding Limits Based on
HOME Expenditure Rate* Achieved
Aggregate Expenditure Rate for
Applicant’s Recent Program Activities
Contracts
(16-HOME, 18-HOME, and 19-HOME)
Maximum Application Amount
75 percent or more $1,000,000
50 – 74.99 percent $700,000
0 – 49.99 percent $500,000
*See “Expended Funds” definition in this NOFA’s Section II (B) (1).
NOTE: Applicants that did not have any of these HOME Program activities contracts may apply for up to $500,000
Successful Applicants (Awardees) will be evaluated quarterly to determine if their progress and rate of expenditure is reasonable. The Department may disencumber all or a portion of the grant if there is an unreasonably low rate of expenditure, as determined by the Department in its sole discretion.
H. Program Income and Recaptured Funds
Federal regulations at 24 C.F.R. § 92.503 require all Program Income (PI) and Recaptured Funds (RF) to be used in accordance with HOME regulations only for HOME-eligible activities, and PI funds on hand must be maintained in an interest-bearing account. Interest earned on those funds is considered PI. To avoid de-committing appropriated grant funds from a specific Project, HOME PI may be accumulated throughout the current reporting period (state fiscal year) but must be committed to a Project in the next state fiscal year. Approval from the Department is required prior to the use of all HOME PI and RF.
The PI received during the current reporting period, as well as PI anticipated to be received in the next state fiscal year, must be reported to the Department in accordance with HUD’s reporting requirements.
Additionally, Applicants must identify how the funds will be used (name the project or program activity, and the intended beneficiary type) to ensure California Department of Housing and Community Development HOME 2024 NOFA
32 timely use of PI funds. All PI must be reported in the HOME Annual Performance Report to the Department.
NOTE – New to this NOFA: The Department encourages Applicants to use HOME PI for their proposed project or program activity. Applicants may request approval to use HOME PI on hand through this NOFA by including the amount of PI for the proposed project or program activity in the Application Budget. HOME PI is not subject to the award limits as noted above (G. Activity Funding Amounts and Limits).
I. Periods of Affordability
All Projects that receive HOME funds are subject to federal affordability requirements at 24 C.F.R. § 92.252 and 24 C.F.R. § 92.254 for a specific number of years, as specified in the following two tables. This term is referred to in this NOFA as the “Federal Affordability Period” and includes all federal affordability requirements under 24 C.F.R. § 92.252 and 24 C.F.R. § 92.254.
All Projects that receive HOME funds are also subject to state affordability requirements at 25 C.C.R. § 8208 for a specific number of years, as specified in the table below. This term is referred to in this NOFA as the “State Affordability Period.” Projects on Native American Lands as defined by 25 C.C.R. § 8208(y)(1) require a 50-year affordability period.
The requirements of the “Federal Affordability Period” and the “State Affordability Period” run concurrently. For example, if a county Applicant proposes a new construction rental Project, the “Federal Affordability Period” for the Project will be 20 years. However, the Project will also be required to abide by the “State Affordability Period” for an additional 35 years, totaling 55 years.
Table 6 –Affordability Periods for Rental Housing
Housing Activity State Affordability
Period
Federal
Affordability Period
Rehabilitation or acquisition of existing housing;
per-unit amount of HOME funds under $15,000
Development on fee
land – 55 years
Development on
Native American
Lands [25 C.C.R. §
8208(y)(1)] – 50 years
5 years
Rehabilitation or acquisition of existing housing;
per-unit amount of HOME funds $15,000 - $40,000 10 years Rehabilitation or acquisition of existing housing;
per-unit amount of HOME funds over $40,000; or
rehabilitation involving refinancing
15 years
New construction or acquisition of newly-constructed
housing 20 years
California Department of Housing and Community Development HOME 2024 NOFA
33 Table 7 – Affordability Periods for Homebuyer Assistance Homebuyer Assistance HOME Amount Per-Unit State and Federal Affordability Periods
Under $15,000 5 years
$15,000 - $40,000 10 years
Over $40,000 15 years
J. Forms of Assistance
HOME Loans
HOME assistance shall be in the form of deferred payment loans to be repaid at the maturity date of the Promissory Note to local HOME accounts controlled by eligible Applicants or the state’s local HOME account, except for the uses of funds specifically defined under HOME grants below.
Loans provided to homebuyers must meet the requirements set forth in 25 C.C.R. § 8205(C)(1)(A), including, but not limited to, the following terms:
• Loans financed from the CHDO set-aside pursuant to 24 C.F.R. §
92.300(a)(1) shall comply with the financing provisions as required for the following activities:
o Land acquisition for first-time homebuyer projects shall bear zero interest.
o Loans to first-time homebuyers shall bear a simple interest rate of 3 percent per annum, computed from the date the Deed of Trust is recorded on the property. Interest and principal payments shall be deferred for the term of the loan. Commencing on the 11th anniversary of the recordation date, an amount equal to 10 percent of the accrued interest shall be forgiven each year, such that on the 20th anniversary of the recordation date, all interest will have been forgiven if the borrower is in compliance with the requirements stated in the Department’s loan documents.
HOME Grants
Pursuant to 25 C.C.R. § 8205(c)(2), HOME assistance must be provided in the form of a grant for relocation payments, lead-based paint hazard evaluation and reduction activities, and TBRA. HOME assistance may be provided in the form of a grant for rehabilitation activities performed under an OOR program, if necessary to complete the project when the total of all project indebtedness equals or exceeds the projected after rehabilitation appraised value. The grant amount for OOR activities is limited to 25 percent (25%) of the applicable HOME Program maximum per-unit subsidy limit for the Project. This amount is in addition to any grant funds currently permitted for relocation, lead-based paint remediation, and Project-related soft costs California Department of Housing and Community Development HOME 2024 NOFA
34 for the Project.
HOME assistance may be provided as a grant to eligible State Recipients to cover Project-related soft costs. Project-related soft costs are further detailed in this NOFA, 24 C.F.R. § 92.206(d), and HUD CPD Notice 06-01:
Admin and Soft Costs, Community Development Expenses under HOME and American Dream Downpayment Initiative, except that customary closing costs for home acquisition activities may be included as either a loan or part of the grant funding for Project-related soft costs.
NOTE: All Project-related soft costs associated with an OOR Project must be included in the 24 percent (24%) funding maximum available for Projectrelated soft costs and may not be passed along to the homeowner.
HOME funds for Project-related soft costs cannot be drawn down before HOME funds for activity costs are drawn down. If the activity is not completed, and a Project Completion Report for the full amount drawn down is not filed, all HOME funds for that Project, including Project-related soft costs, must be repaid to the Department.
Project-related expenses for NEPA environmental review, and architectural and engineering and other professional services incurred within the 24 months prior to the Project Commitment of funds, may be reimbursed at the sole discretion of the Department after execution of the Standard Agreement.
On a case-by-case basis, the Department may, in writing and in its sole discretion, permit reimbursement for other eligible expenses incurred after the date of the Award letter, and prior to the effective date of the Standard Agreement, upon the written request of the Applicant.
K. Administrative and CHDO Operating Funds
The following limits apply to the amount of administrative and CHDO operating funding that Applicants may receive. Project Developers shall not act as administrative subcontractors for the same HOME-funded project activity and are not eligible for Project administrative costs.
Pursuant to 24 C.F.R. § 92.208(a), CHDO operating funds may cover reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials; and supplies.
Project Activities
State Recipients eligible to receive administrative funds may request up to $50,000 for administrative costs.
CHDOs may request up to $75,000 in CHDO operating funding. This includes FTHB Projects.
Developers are not eligible to apply for administrative funds or Projectrelated soft costs.
California Department of Housing and Community Development HOME 2024 NOFA
35 All administrative costs must be reasonable, and Applicant must have detailed records to demonstrate costs are eligible for reimbursement.
Program Activities
All program activities Applicants may request up to 2.5 percent (2.5%) of the amount requested for administration, with the exception of TBRA activities. TBRA Applicants will be provided up to 10% for general administrative costs, based on actual costs incurred. CHDOs undertaking a FTHB program activity may receive CHDO Operating funds in lieu of administrative funds at the same 2.5 percent (2.5%) rate.
All administrative costs must be reasonable, and Applicant must have detailed records to demonstrate costs are eligible for reimbursement. Actual eligible expenses must be incurred to draw down these funds.
L. Project-Related Soft Costs
Project Activities
Eligible State Recipients of rental and homebuyer Projects may receive up to $50,000 to pay for specific eligible Project-related soft costs, previously referred to by the Department as “Activity Delivery Costs” (ADCs). Funding for Project-related soft costs are provided in the form of a grant and not part of the Project loan amount.
For a description of the types of expenses which may be charged as Project-related soft costs see 24 C.F.R. § 92.206(d)(6), 92.206(f)(2) and HUD CPD Notice 06-01: Admin and Soft Costs, Community Development Expenses under HOME and American Dream Downpayment Initiative.
Examples of Project-related soft costs include, but are not limited to:
• Preparation of work write-ups, work specifications, and cost estimates or review of these items if an owner has had them independently prepared;
• Project underwriting;
• Construction inspections and oversight;
• Project document preparation;
• Costs associated with a Project-specific environmental review; • Costs associated with informing tenants or homeowners about relocation rights or benefits;
• Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants as required by 24 C.F.R. § 92.351; and
• Staff and overhead costs, such as preparing work specifications, loan processing, inspections, and other services related to assisting potential owners, tenants, and homebuyers.
California Department of Housing and Community Development HOME 2024 NOFA
36 Project-related soft costs must be included in the development budget, regardless of whether the funding is a loan or grant. Developers and CHDOs are not eligible for Project-related soft costs.
Program Activities
Standard Agreements will automatically allow the use of up to the maximum amount of Project-related soft costs for each specific program activity.
Funding draw requests for Project-related soft costs are made only on a reimbursement basis for actual costs incurred by a State Recipient as follows:
1. Up to 24 percent (24%) of the HOME loan/grant amount for OOR and for the rehabilitation component of acquisition with rehabilitation.
Project-related soft costs for owner-occupied rehabilitation projects may exceed the 24 percent (24%) limit if documentation of actual eligible costs is provided to the Department with the Project set-up. Documentation must be of actual eligible costs; consultant billings, without documentation of underlying actual costs, are not adequate.
2. Up to 6.5 percent (6.5%) of the total acquisition cost for FTHB activities.
3. Up to 5 percent (5%) of the HOME TBRA payment, per household, for unit inspections and income determinations.
III. State and Federal Requirements
A. Property Standards and Physical/Capital Needs Assessments Pursuant to 24 C.F.R. § 92.251, as applicable, and as may be amended by HUD, housing that is acquired, constructed or rehabilitated with HOME funds must meet all applicable local codes and standards at the time of Project Completion.
Projects involving rehabilitation must comply with the Department’s HOME/NHTF Multifamily Rehabilitation Standards. Pursuant to 25 C.C.R. § 8309(b) and 24 C.F.R. § 92.251(b)(1)(ix), the Department requires rental rehabilitation Project applications to submit a third-party physical/capital needs assessment and a Replacement Reserve Study (RRS) with a 20-year forecast.
Projects involving new construction must comply with the requirements of 25 C.C.R. § 8300 et seq. and 24 C.F.R. § 92.251(a), including, but not limited to, requirements related to accessibility, disaster mitigation, written cost estimates, construction contracts and documents, construction progress inspections, and broadband infrastructure.
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37 B. Timeframes for Use of Funds
Awardees of HOME funds are subject to progress deadlines and expenditure deadlines that are defined in the federal regulations and specified in the Standard Agreement.
Project Activity Deadlines
Table 8 - HOME Project Activity Deadlines
Project Commitment of HOME Funds
(see Section I (E) of this NOFA for
definition of Project Commitment)
Within 24 months from award date
All non-HOME funding sources committed
to the Project Within 24 months from award date
Construction Loan Closing
Within 12 months from Project Commitment
execution date (in accordance with 24
C.F.R. § 92.2)
Project Completion and Expenditure
Deadline
Within 4 years from Project Commitment of
HOME funds
Program Activities Deadlines
Table 9 - HOME Program Activity Deadlines
Project Commitment of HOME Funds
(see Section I (E) of this NOFA for
definition of Project Commitment)
Within approximately 90 days from Award
Date
Expenditure Deadline Within 3 years of Standard Agreement execution date
For project activities, if an Awardee fails to meet one or more of the deadlines outlined in the 25 C.C.R. § 8217(b) and described in this NOFA, a performance penalty will be imposed during the scoring on all future applicable HOME applications. It will also result in performance penalties being imposed on future HOME application(s) submitted by the Applicant, as well as application(s) submitted by the Project’s Developer, owner, and managing general partner within five (5) years of the award announcements of this NOFA.
All program activities funding must be expended by the deadlines established in the Standard Agreement. In addition to the final expenditure deadline, the Standard Agreement may also contain interim expenditure deadlines (e.g., 75% of funding California Department of Housing and Community Development HOME 2024 NOFA
38 must be expended by a specific date). Awardees must ensure that work is completed well in advance of this deadline to ensure funds are fully expended prior to the expenditure deadline.
Exceptions will be considered, at the sole discretion of the Department, if the Applicant provides clear and indisputable evidence that delays were beyond the reasonable control of the borrower and/or the Applicant, or the Department was responsible for the delay, and the Department has the flexibility to do so within federal regulations.
C. Match Requirements
Generally, HOME funds must be matched by nonfederal resources. HOME match requirements are waived for applications pursuant to this NOFA, however, the Department continues to track all match funds in project activities and program activities.
All eligible HOME match funding that Applicants obtain due to their activity’s need for other funding shall continue to be reported in the Project Set-up and Completion Reports so that the Department can bank any additional match and continue to waive the match. Match sources include funding derived from belowmarket rate loans (even if these loans are not repaid to the HOME local account), state Low Income Housing Tax Credits, property tax waivers, bond financing, fee waivers, grants, and other sources. The Department will review all Project Set-up and Completion Report forms to ensure that all reportable match funding has been included. For a HOME match calculation tool, see the Department’s HOME webpage under Resources. The HOME Contract Management Manual also contains additional information and resources on match, see http://www.hcd.ca.gov/grants-funding/activefunding/home/cmm.shtml.
D. Transition Reserve Policy
Projects must be in compliance with the Department’s Pooled Transition Reserve Policy Administrative Memorandum dated January 3, 2023, (Administrative Notice Number 22-08) and amended on August 8, 2023, (Administrative Notice Number 23-01), that implements statutory changes made under Senate Bill 948 (Chapter 667, Statutes 2022) applicable to Health and Safety Code § 50468, as may be amended from time to time, and any other related Department Transition Reserve Policy administrative memoranda that the Department may adopt, as applicable.
E. Annual Monitoring Fees for Multifamily Projects
Pursuant to 24 C.F.R. § 92.214(b)(1)(i), the Department will charge fees to cover the cost of ongoing monitoring and physical inspection of HOME Projects during the state period of affordability. The state HOME Program will charge these fees as described below.
California Department of Housing and Community Development HOME 2024 NOFA
39 Developer and CHDO Projects
The Department charges an annual monitoring fee as follows:
Table 10 – Estimated 2025 Monitoring Fees
Number of HOME Units Annual Fee
12 or fewer $ 6,447
13 to 24 $10,491
25 to 36 $12,740
37 to 48 $13,113
49 to 60 $15,681
61 or more $18,358
To cover inflation, this annual monitoring fee is projected to increase annually at 3 percent (3%) following the Department's analysis of actual costs for monitoring. These annual monitoring fee amounts are subject to change before the formal commitment of HOME funds (Standard Agreement execution date).
Financial assumptions in the HOME application shall be based on the rate that will be effective at the time of initial occupancy.
Annual monitoring fees are mandatory payments. The first payment shall be prorated based upon the total number of days after permanent closing within the first fiscal year of Project operation.
Lump sum payments for monitoring fees made from development funds are not allowed for HOME Projects. Payments must be made annually pursuant to the Regulatory Agreement.
State Recipient Projects
Pursuant to 24 C.F.R. § 92.214(b), State Recipients may also charge their borrowers annual monitoring fees to cover the actual ongoing costs to monitor and conduct physical inspections, as described below:
1. The monitoring fee charged may be less than, but not exceed, the amount charged for state CHDO and Developer Projects;
2. The monitoring fee shall be specifically stated in the State Recipient’s loan documents with the borrower;
3. The monitoring fee shall be based on the State Recipient’s analysis of actual costs for monitoring the Project and must be approved by the Department; and
California Department of Housing and Community Development HOME 2024 NOFA
40 4. Ten percent (10%) of the annual monitoring fee received for the Project by the State Recipient must be paid to the Department to cover the Department’s monitoring costs. For more guidance on establishing a monitoring fee, see HOMEfires Vol. 14, No. 2: Guidance on Establishing a HOME Monitoring Fee. Please note: HUD’s
requirements for calculating a monitoring fee differ from the state’s UMR requirements.
Native American Entity Projects
Pursuant to this NOFA, the Department waives monitoring fees for Native American Entity Projects during the state period of affordability.
IV. Application Review
A. Minimum Application Requirements (Threshold)
Applications for HOME Projects are required to meet the minimum requirements outlined in this NOFA, 25 C.C.R. § 8200 et seq., and 24 C.F.R. Part 92.
Applications must meet the following minimum requirements at the time of application in order to move forward to the rating and ranking process:
1. The Applicant must submit a complete application in a format made available by the Department by the deadline specified in this NOFA and pursuant to 25 C.C.R. § 8211, and the application forms provided by the Department must not be altered or modified;
2. The Applicant is eligible to apply for funding, in accordance with any of the following:
• 25 C.C.R. § 8204; or
• Listed on Appendix A of the NOFA; or
• Meets the definition of an eligible Applicant in this NOFA (State Recipient, CHDO, or Developer)
3. All other criteria and matters set forth within the NOFA shall also govern the Native American Entity target, unless and except to the extent expressly provided to the contrary by terms set forth within this NOFA;
4. The Applicant must propose at least one eligible activity pursuant to 25 C.C.R. § 8205 (other than administration);
5. The Applicant must propose an eligible use of funds pursuant to 25 C.C.R. § 8205 and 8210;
6. The Applicant must have no unresolved audit findings pursuant to 25 C.C.R. § 8204(a)(1)(D)(ii) and (2)(C)(i);
7. The Applicant must demonstrate its capacity for carrying out activities assisted with HOME funds. Awardees entering into a Standard Agreement with the Department must have capacity, cannot be shell entities, and cannot contract out for capacity (with limited exceptions for new CHDOs – see Eligible Applicants – CHDOs in the NOFA’s Section II); California Department of Housing and Community Development HOME 2024 NOFA
41 8. Cities, counties, and local public housing authorities must provide documentation satisfactory to the Department that they comply with the submittal requirements of cost principles and audit requirements at 2 C.F.R. § 200.512. Any outstanding findings contained in the audit report may impact the ability of the Department to grant an award through this NOFA;
9. The Applicant and any member of its program or project team must not be on the list of debarred contractors at https://www.sam.gov/SAM/ pursuant to 25 C.C.R. § 8204(a)(1)(D)(iii) and 8204(a)(2)(C)(ii);
10.The Applicant’s requested total amount of funds for both administrative activity-specific costs and Project-related soft costs does not exceed the limits identified in the NOFA;
11. CHDO applications must contain procedures for ensuring effective Project control pursuant to 24 C.F.R. § 92.300(a)(1) and 25 C.C.R. § 8204(a)(2)(D);
12.There is no pending or threatened litigation that could affect implementation of the proposed Project; and
13.When applying for project activities, the Applicant (not the ultimate borrower) must demonstrate documented site control of the Project at the time of application. Site control is subject to the HOME funding award as required by 25 C.C.R. § 8212(a)(6)(B), 25 C.C.R. § 8303, and 24 C.F.R. Part 92, including but not limited to, demonstrating site control by one of the following:
• Fee title, which, for tribal trust land, may be evidenced by a title status report (TSR) or an attorney’s opinion regarding chain of title and current title status;
• A leasehold interest on the Project property with provisions that enable the lessee to make improvements on and encumber the property, provided that the terms and conditions of any proposed lease shall permit, prior to loan closing, compliance with all Program requirements, including compliance with 25 C.C.R. § 8316;
• An option to purchase is obtained, conditioned on the responsible entity’s determination to proceed with, modify, or cancel the Project based on the results of a subsequent environmental review, and the receipt of an Authority to Use Grants Funds (“AUGF”) from the Department for State Recipient Projects and from HUD for Developer and CHDO Projects. The cost to secure the site control document can be only a nominal portion of the purchase price;
• A Purchase Agreement, Disposition and Development
Agreement (DDA), Option to Lease, or Exclusive Right to Negotiate is obtained, but this agreement cannot be conditioned on NEPA/California Environmental Quality Act (CEQA)
clearance or any other federal requirement; or
California Department of Housing and Community Development HOME 2024 NOFA
42 • A conditional purchase contract may be used for an existing single-family home (1 to 4 units) or an existing multifamily residential Project in some limited circumstances, even when federal funds have already been contemplated.
NOTE: For more details on required and prohibited provisions of agreements consistent with NEPA, see HUD CPD Notice 98- 01: Layering Guidance for HOME Participating Jurisdictions When Combining HOME Funds with Other Governmental Subsidies; HUD CPD Notice 15-09: Requirements for Committing HOME Funds; and HUD Memo: Guidance on Operations and Conditional Contracts for Purchase of Real Property for Environmental Reviews Conducted by a Responsible Entity under 24 C.F.R. Part 58.
General HUD rules state that Purchase Agreements are acceptable if federal funds are not contemplated. Applicants are cautioned to make sure that the Purchase Agreement or DDA is open-ended or is of sufficient duration that it does not need to be extended after the HOME application is submitted.
HUD has ruled that if a Purchase Agreement/DDA expires after the HOME application is submitted, and before the AUGF is executed, the execution of an extension would be a Choice-Limiting Action (renewal prior to expiration is acceptable). The application also should ensure the Purchase Agreement/DDA has other contingencies, such as a permanent financing contingency, so that the seller cannot legally compel an individual to purchase the site prior to receiving the AUGF.
For more information on conditional purchase contracts, see HUD Memo:
Guidance on Operations and Conditional Contracts for Purchase of Real Property for Environmental Reviews Conducted by a Responsible Entity under 24 C.F.R. Part 58.
B. Scoring and Ranking
After meeting the threshold requirements, applications will be scored as follows.
The Department will score, rank, and fund applications based on a review of eligible activities for which funds are requested. Each application must be submitted using Department forms and contain all information required pursuant to 25 C.C.R. § 8211(c)(d). Scoring for Projects is subject to the appeal process described in Section IV (E) of this NOFA. Each project activity or combination of program activities will be evaluated and ranked separately.
In the case of a tie score, the application demonstrating the highest jurisdictional poverty level will be funded first. If CHDOs and/or Developers are applying from the same jurisdictional area, the Project with lower average rents (expressed as a percentage of area median income) will be funded first.
Applications will be funded in descending order based on points earned.
Applications that qualify for CHDO, FTHB Project, and Rural targets will be funded first, based on their scores as necessary to meet the minimum setasides and funding targets.
California Department of Housing and Community Development HOME 2024 NOFA
43 Once the set-asides and targets have been achieved, remaining applications will be funded within their respective allocations pursuant to 25 C.C.R. § 8212.1, based on scores relative to all other applications, with the highest-scoring applications funded first.
All scoring factors and evaluation requirements are listed in Appendix D and any applicable Supplemental Applications.
C. Rental Project Scoring and Notification
Once rental Project application scoring is complete, the Department will email the authorized representative and contact person listed in the application describing the scores and facts upon which those scores were determined.
D. Project Activity Feasibility Review
In accordance with 25 C.C.R. § 8212(a)(6), 25 C.C.R. § 8310, and 24 C.F.R. §
92.250(b), the Department will perform underwriting analysis to substantiate the Project is financially feasible for at least 20 years, as well as cost allocation and subsidy layering analyses to determine the appropriate amount of the HOME award.
When making its feasibility determinations, the Department will:
• Examine all the sources and uses of funds for the Project (including any operating cost assistance, operating cost assistance reserve, or projectbased rental assistance that will be provided to the Project); and • Assess the current market demand in the neighborhood the Project will be located, the experience of the Applicant team, the amount and quality of the Applicant team’s employees, the financial capacity of the Applicant team, and firm written financial commitments for the Project.
To determine the Project’s feasibility and sustainability, the Department will review the Project Sources and Uses Form. When completing the application form, Applicants should be sure to include all known and potential Project costs, including, but not limited to, the following:
• Site development costs
• Local development costs
• Local government approvals
• Project market study
• Elevation above a floodplain
• Relocation
• Environmental remediation
• Mitigation of environmental conditions and hazards
• Any other factors that may impact the Project costs and/or schedule California Department of Housing and Community Development HOME 2024 NOFA
44 If an Applicant proposes to develop site(s) formerly used for agricultural, industrial, manufacturing, or commercial purposes, or the site is situated on, adjacent to or near rail yards, airports, dumpsites, or other potentially contaminated properties, whether abandoned or operating, the Department may require Phase II environmental site assessment, or other soil assessment or testing. If an Applicant proposes to develop site(s) within a 100-year floodplain, the Department requires a HUD 8-step Floodplain Analysis. If not submitted with the application, these reports will be required after award as part of the NEPA process.
If the Applicant has any indication that these conditions may exist, the Department highly recommends that Applicants complete an assessment, soil sampling, or other appropriate testing methodology, prior to submitting the application. The results should be submitted as part of the application documentation, and any additional costs the Project may incur must be included in the Project budget and Sources and Uses Form.
Failure to include these items can increase the Project costs such that the Project is unfeasible, resulting in being noncompetitive for an award. For this reason, it is incumbent upon the Applicant to present verifiable and documented information in the application to prevent any unknown or uncertain Project costs.
E. Appeals
1. Basis of Appeals
a. Applicants may appeal the Department’s written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker).
b. At the sole discretion of the Department, the Department’s written determination may include a request for clarifying and/or corrective information. For purposes of this section, “clarifying information” includes information and/or documentation that resolves ambiguities in any application materials that will inform the Department’s threshold, scoring and feasibility determinations.
c. Applicants do not have the right to appeal a decision of the Department relating to another Applicant’s application (e.g., eligibility, award). d. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with this NOFA. All decisions rendered shall be made by the Branch Chief or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of the Department.
e. The appeal process provided herein applies solely to decisions of the Department made pursuant to this NOFA.
2. Appeal Process and Deadlines
a. Process: To file an appeal, Applicants must submit to the Department, by the deadline set forth below, a written appeal which states all relevant facts, California Department of Housing and Community Development HOME 2024 NOFA
45 arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the appeal is submitted to the Department, no further information and/or materials may be accepted or considered. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in the Department review letters.
b. Filing Deadline: Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review or initial score letters, as applicable, representing the Department’s decision made in response to the application.
V. Award Announcements and Contracts
A. Award Announcements
Subject to the availability of funds, the Department intends to send award letters by July 2025 for program activities and by December 2025 for project activities for all successful Applicants.
Updates on planned awards and contract status will be provided through the Department’s Listserv system. To be added to this list, go to https://www.hcd.ca.gov/contact-us/email-signup, scroll down, and select Federal Programs.
B. Contracts
Awardee(s) must enter into a Standard Agreement with the Department. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed. The Standard Agreement includes deadlines that are consistent with state and federal HOME regulations.
Failure to meet these deadlines is considered a material breach of the Standard Agreement.
NOTE: The Standard Agreement may be delayed if the Awardee does not timely provide the Department with all required entity resolutions and other entity documentation (e.g., bylaws, articles of incorporation, 501(c)(3) certification, certificate of good standing, limited partnership agreement), in form and content acceptable to the Department in its sole discretion, which evidences that the Awardee has the legal authority to contract with the Department.
The Standard Agreement must be executed by the Awardee(s) within 90 days of receipt. Failure to execute and return the Standard Agreement(s) to the Department within 90 days may result in award cancellation. The Awardee(s) must remain a party to the Standard Agreement for the full term of the Standard Agreement; removal of the Awardee(s) is prohibited unless the Department California Department of Housing and Community Development HOME 2024 NOFA
46 provides approval in advance.
Native American Entity Awardees must provide the Department with risk mitigation provision(s) in the Department’s Standard Agreement, and all other Department loan and/or grant transaction documents, including but not limited to, a lease rider and a Declaration of Restrictive Covenant (or Regulatory Agreement). The Native American Entity may accomplish the purpose of the risk mitigation provisions by executing and referencing a separate instrument that the Native American Entity would agree to resolve any disputes under the contract through risk mitigation provisions. The risk mitigation provisions are an alternative to “limited waiver of sovereign immunity,” and they may operate like a limited waiver of sovereign immunity provided the necessary language is included in the Department’s Standard Agreement and all other Department loan and/or grant transaction documents. The risk mitigation provisions also provide the Department with an opportunity to resolve and enforce any of the terms and conditions of the Standard Agreement and the Department’s loan and/or grant transaction documents through an informal process and/or in Tribal, State, or Federal Court.
In the Department’s Standard Agreement and loan and/or grant transaction documents, the Department may require the following risk mitigation remedies that include, but are not limited to: adding an arbitration (dispute resolution) provision, whereas the Native American Entity would agree to resolve any disputes through an arbitration process;
i. Restructuring the draw-down of funds with conditions that must be met for each disbursement (e.g., satisfaction of specific performance milestones; or receipts for eligible expenses);
ii. Requiring Native American Entities to provide insurance with the Department as a named beneficiary to cover the risks attendant to an unenforceable agreement and/or use restriction;
iii. Receiving technical assistance throughout the program/project lifecycle.
The Department aims to provide technical assistance to Native American Entity applicants in the earlier stages of the award process to ensure that they are clearly informed of program requirements. Examples include, but are not limited to:
• Calculating rent and assistance amounts;
• Compliance with applicable fair housing laws; and
• Compliance with tenant screening and selection requirements iv. Incurring negative points or disqualification from future Departmental funds for violating fundamental program requirements such as affordability term, levels, occupancy, and habitability standards; and v. Requiring a robust capacity assessment as an essential part of the application review, demonstrating the Recipient has sufficient prior experience, or a partner/contractor with experience, to be successful managing the Project.
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47 VI. Federal and State Overlays
All activities funded with HOME funds and/or HOME PI are required to comply, where applicable, with HUD’s federal “overlay” requirements found in 24 C.F.R. §
92.350, et seq. of the HOME Final Rule.
Failure to comply with state or federal overlays could result in significant Project cost increases, rejection of the HOME application, and/or loss of points in current or future HOME funding rounds. Projects must comply with all applicable state and federal laws, including, but not limited to:
a. National Environmental Policy Act (NEPA);
b. California Environmental Quality Act (CEQA);
c. State and federal (Davis-Bacon) prevailing wage;
d. URA Acquisition and Relocation;
e. Equal Opportunity and Fair Housing;
f. Affirmative Marketing;
g. Section 504 of the Rehabilitation Act of 1973;
h. Fair Housing Act (including accessibility and design requirements); i. Americans with Disabilities Act, where applicable;
j. Section 3 (employment of low-income persons);
k. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200;
l. Build America, Buy America Act; and
m.Tenant protections and selection practices pursuant to 24 C.F.R. § 92.253.
National Environmental Policy Act (NEPA) & HUD Environmental Review Requirements (contained in 42 U.S.C. §§ 4321-4347 and the implementing regulations at 24 C.F.R. Part 58)
After Applicant has submitted the HOME application to the Department, and before the NEPA Authority to Use Grant Funds (AUGF) has been issued, the Applicant and any participant in the development process must not engage in any Choice-Limiting Actions as defined in this NOFA and at 24 C.F.R. 58.22. All Choice-Limiting Actions on the site or on behalf of the project by anyone after the HOME application has been submitted to the Department and before the AUGF is issued will disqualify an Applicant’s Project from receiving any HCD federal funds – not only for this HOME NOFA round, but future NOFA rounds.
Thus, Applicants must take great caution before proceeding with project activities.
NOTE: Pursuant to HUD’s NEPA regulations, certain activities are not considered Choice-Limiting Actions regardless of when they are carried out.
These activities include, but are not limited to, such things as: environmental and California Department of Housing and Community Development HOME 2024 NOFA
48 other studies; resource identification and development of plans and strategies; submitting funding applications, inspections and testing for hazards or defects; purchase of insurance; payment of principal and interest on loans made or obligations guaranteed by HUD; and assistance for improvements that do not alter environmental conditions and are necessary to address the effects from disasters or imminent threats to public safety. For more information on activities not considered Choice-Limiting Actions, see 24 C.F.R. § 58.22.
For all new construction Projects and substantial rehabilitation Projects, compliance with NEPA is evidenced by an AUGF. HUD issues the AUGF for CHDO and Developer Projects, and the Department issues the AUGF for State Recipient Projects. For rehabilitation Projects not requiring an AUGF, state approval of the environmental documentation is still required prior to taking any Choice-Limiting Actions. For a thorough explanation of the NEPA process, see the Department’s Environmental Review webpage at
https://www.hcd.ca.gov/grants-and-funding/environmental-review.I The Department encourages commencement of the NEPA Environmental Assessment (EA) process as soon as possible, but no later than receipt of the Award letter. For rental Projects, Project reports often require additional analysis of environmental impacts.
Submit general questions regarding Choice-Limiting Actions, or the level of environmental assessment required of the Project, to [email protected] prior to taking any action concerning the proposed HOME Project.
The application must disclose all known environmental hazards, and, if awarded, the Department must be fully informed of all environmental issues. Failure to do so will be considered a material misrepresentation and result in a performance point penalty for all members of the development team for future HOME applications with the Department.
NOTE: The Department is unable to give legal advice regarding a specific Project or program. If an Applicant has specific questions regarding a ChoiceLimiting Action, or environmental laws that may affect the Project or program, the Department recommends that the Applicant consult with a legal advisor or professional consultant prior to taking any actions on the Project. Applicants understand and agree that they are solely responsible for their decisions with respect to Choice-Limiting Actions, or potentially Choice-Limiting Actions, and the Department shall have no liability therefor.
California Environmental Quality Act
By execution of this Agreement, the Applicant is also subject to the provisions of the California Environmental Quality Act (CEQA). Applicant assumes responsibility to fully comply with CEQA’s requirements regarding the work performed.
For Projects located on Native American Lands as defined by 25 C.C.R. § 8201(y)(1), the Department will be the lead agency and will prepare any exemption documentation for all other Projects subject to CEQA.
California Department of Housing and Community Development HOME 2024 NOFA
49 Federal Prevailing Wage Requirements (Davis-Bacon)
Federal prevailing wages must be paid on Projects involving site development, construction, and/or rehabilitation with 12 or more HOME-assisted units.
The HOME Applicant and the construction contractor must ensure that the DavisBacon wage requirements as well as state prevailing wage laws are followed, where applicable. The Sources and Uses Form submitted with the HOME application will be examined to ensure that prevailing wage costs have been considered (state and federal, if applicable). CHDOs are required to hire an outside consultant to act as a Labor Standards Coordinator. If the HOME Applicant does not have existing staff to monitor federal labor standards, hiring an outside labor consultant is highly recommended.
For Projects located on Native American Lands as defined by 25 C.C.R. § 8201(y)(1) and if the HOME Applicant has adopted a Tribally Determined Wage (TDW) in accordance with Tribal law, the HOME Applicant may apply its TDW in lieu of Davis-Bacon and the California prevailing wage law.
Homebuyer Self-Help Projects with 12 or more HOME-assisted units may be excluded from Davis-Bacon wage requirements if either of the following applies:
a. Site development was completed before the HOME application, the use of HOME funds was not contemplated when the site development was completed, and there are no agreements or contracts for more than 11 HOME units. If the use of HOME was contemplated before the site development was completed, Davis-Bacon wages must be paid on the entire Project; or
b. If the Self-Help families purchase finished lots and contract individually with the General Contractor for construction of their homes, and there are no other construction contracts or subcontracts that cover more than one unit.
Displacement, Relocation, and Acquisition Requirements
Relocation assistance must be provided if individuals and/or businesses will be temporarily relocated or permanently displaced as a result of a HOME-assisted Project. All Projects are required to comply, where applicable, with the Uniform Relocation Assistance and Real Property Acquisition Act (URA) and the Displacement, Relocation, and Acquisition requirements pursuant to 24 C.F.R. §
92.353. Specifically, federal relocation requirements extend back to the “initiation of negotiations” (ION). For more information on federal displacement, relocation, and acquisition requirements, see HUD’s CPD Handbook 1378.0.
Submit questions regarding ION determinations to [email protected] This recommendation applies to all rental and FTHB Projects involving any relocation activities. An accurate determination is critical because relocation costs may be higher if an earlier ION date is necessary. Applications for tenantoccupied properties must have already provided the General Information Notice (GIN) to all tenants by the date of the ION.
California Department of Housing and Community Development HOME 2024 NOFA
50 The Sources and Uses form submitted with the application must adequately budget for relocation costs. Consistent with federal relocation requirements prohibiting economic displacement, if rents for existing tenants will increase, a transition reserve must be budgeted to maintain rents for existing tenants at the higher of 30 percent (30%) of their income at ION or the rent at the time of ION, not including regular increases in expenses, for as long as they live in the Project.
Homebuyer 90-Day Vacancy Rule: Relocation requirements will also be triggered if a FTHB proposes to purchase a home that has been occupied by a renter in the 90 days preceding the date of the purchase agreement. Exceptions to this rule can be made by the Department on a case-by-case basis with adequate third-party documentation that the tenant moved for reasons unrelated to the sale of the property, such as the tenant moving for another job.
Normally, relocation will not be triggered for OOR or TBRA programs. However, temporary relocation costs are an eligible HOME grant expense.
A relocation certification is required for all Projects including vacant site(s).
Applicants that assert their Project does not require relocation must submit a detailed explanation, including supporting documentation, as to why relocation (of tenants, farms, businesses, etc.) is notrequired. The Department will review the documentation to determine whether a relocation plan is necessary.
Relocation considerations include:
• Vacant land, which is land that is not developed or being used for agricultural purposes;
• Property vacated for the Project, then relocation applies; and • Tenants include anyone who is living or storing their belongings on the property with the owner’s consent, whether or not the “tenant” pays rent.
Squatters are not tenants.
If relocation is not required, the Department will issue a Certification Regarding Non-application of Relocation Benefits and Indemnification Agreement (“NonRelocation Certification”). This Non-Relocation Certification must be executed by the Applicant/borrower/sponsor prior to the Department executing the Standard Agreement, and as a condition thereof. The Non-Relocation Certification substantiates and certifies that there is no displacement including, but not limited to, the displacement or temporary relocation of tenants, businesses, and farms; therefore, no relocation is required. Submission of thorough and clear supporting information will lead to a more efficient review and decision.
The following are examples of supporting documentation for the Non-Relocation Certification:
• Background information
• Project information
• Reports from professionals, such as appraisal or soils report California Department of Housing and Community Development HOME 2024 NOFA
51 • Purchase information
• Mini relocation plan with pictures of the vacant land • Summary relocation report
• Scope of Work from the general contractor
• Letter from the Project engineer stating the scope of work • Sales contract evidencing the purchase of vacant land • ALTA survey of (purchased) vacant land
• Property tax assessment for vacant land
• Photographic evidence of vacant land
Pursuant to 24 C.F.R. § 92.353(g) regarding “Displacement, Relocation and Acquisition: Appeals,” a person who disagrees with the participating jurisdiction's determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person may be eligible, may file a written appeal of that determination with the jurisdiction. A low-income person who is dissatisfied with the jurisdiction's determination on his or her appeal may submit a written request for review of that determination to the HUD Field Office.
Projects located on Native American Lands, as defined in 25 C.C.R. § 8201(y)(1), may also be subject to the Native American Housing Assistance and Self Determination Act of 1996 (NAHASDA) relocation requirements pursuant to 24 C.F.R. § 1000.14.
Procurement Requirements for State Recipients Using Administrative Subcontractors
State Recipients using administrative subcontractors paid with HOME Funds must follow, where applicable, a competitive Request for Qualifications (RFQ) or Request for Proposals (RFP) procurement process to select the administrative subcontractor. For information on this procurement process, see the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200.
Projects located on Native American Lands, as defined in 25 C.C.R. § 8201(y)(1), may also be subject to NAHASDA procurement requirements pursuant to 24 C.F.R. § 1000.26.
Continuing Compliance Responsibilities
The Awardee must collect and report data upon execution of the Regulatory Agreement until the final Project Completion Report is accepted in the federal disbursement and information system. Annual performance reports must be submitted to the Department during the entire affordability period pertaining to the outcomes of the program, pursuant to the Regulatory Agreement provisions.
California Department of Housing and Community Development HOME 2024 NOFA
52 Local government Applicants must comply with the requirements of 2 C.F.R.
Part 200.
Applicants/Awardees are responsible for disclosing all changes to the Project after submitting the application. Such changes could include, but are not limited to, development team member changes, increased or decreased costs, intent to apply for additional funds, changed Project description, environmental issues, and/or Project timeline changes.
Questions regarding compliance with the submittal requirements can be directed to [email protected].
Violence Against Women Act Requirements
Assurance of Compliance with the “Violence Against Women Reauthorization Act of 2022” (VAWA) (S.3623 - 117th Congress (2021-2022)) (as amended or reauthorized) Title VI - Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Sec. 601-603. See also 81 FR 80803, Nov 16, 2016.
VAWA provides housing protections for survivors of domestic and dating violence, sexual assault, and stalking when it comes to finding and keeping a home they can feel safe in. VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistently with all nondiscrimination and fair housing requirements. VAWA now expands housing protections to HUD programs beyond HUD’s public housing program and HUD’s tenant-based and project-based Section 8 programs. VAWA now provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. During the performance of this Agreement, the HOME Recipient shall ensure that all requirements of VAWA are complied with, including but not limited to:
1) Domestic Violence survivors are not denied assistance as an Applicant, or evicted or have assistance terminated as a tenant, because the Applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, and stalking.
2) It will implement an ‘emergency transfer plan’, which allows for domestic violence survivors to move to another safe and available unit if they fear for their life and safety.
3) It will provide “Protections against denials, terminations, and evictions that directly result from being a victim of domestic violence, dating violence, sexual assault, or stalking, if the Applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.”
4) It will implement a ‘Low-barrier certification process’ where a domestic violence survivor need only to self-certify in order to document the domestic violence, dating violence, sexual assault, or stalking, ensuring California Department of Housing and Community Development HOME 2024 NOFA
53 third party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe.
Fair Housing and Tenants’ Rights Protections
The Applicant/Awardee must comply with all applicable local, state, and federal laws, constitutions, codes, standards, rules, guidelines, and regulations, including, without limitation, those that pertain to accessibility, construction, health and safety, labor, fair housing, fair employment practices, affirmative marketing and outreach practices, nondiscrimination, and equal opportunity, where applicable.
To the furthest extent applicable and subject to federal preemption, the Applicant/Awardee must comply with all relevant laws, including, without limitation, the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.); the Unruh Civil Rights Act (Civ. Code, § 51); Government Code § 11135 (the prohibition of discrimination in state-funded programs); Government Code § 8899.50 (the duty to affirmatively further fair housing); California’s Housing Element Law (Gov. Code, § 65583 et seq.); California Code of Regulations, Title 2, §§12264 – 12271 (legally permissible consideration of criminal history information in housing); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); the ADA of 1990 (42 U.S.C. § 12101 et seq.); the Fair Housing Act (FHA) and amendments (42 U.S.C. § 3601 et seq.); the Fair Housing Amendments Act of 1988; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Architectural Barriers Act of 1968 (42 U.S.C. § 4151 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 – 6107); and all federal and state regulations implementing these laws.
Federal Section 3 Rule
In 2020, HUD published a final rule (24 C.F.R. Part 75) (“Section 3”), which outlines requirements for creating economic opportunities for low and very lowincome persons and eligible businesses. Section 3 requires recipients of certain HUD financial assistance (which includes HOME funds) to provide, to the greatest extent possible, job training and employment opportunities to lowand/or very low-income residents in connection with HOME Projects and activities in their neighborhoods.
Build America, Buy America Act (BABA)
On November 15, 2021, the Build America, Buy America Act (BABA) was enacted as part of the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117- 58). BABA requires that all iron, steel, manufactured products, and construction materials used for federally funded infrastructure projects are produced in the United States, unless otherwise exempt or subject to an approved waiver. This requirement is known as the “Buy America Preference (BAP)” and the specific requirements are codified in 2 C.F.R. Part 184.
NOTE: For the purposes of BABA, housing is considered “infrastructure.” Starting August 23, 2024, BABA applies to new awards of HOME funding.
California Department of Housing and Community Development HOME 2024 NOFA
54 The following language must be included in all contracts and agreements with Subrecipients, contractors, Developers and subgrantees, and in any procurement bid/contract documents to ensure BABA compliance by subgrantees, Developers and/or contractors:
The parties to this contract must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project.* Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 Financial Report 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. *The term “infrastructure project,” in this context, is defined in 2 C.F.R. § 184.3 and means any activity related to the construction, alteration, maintenance, or repair of infrastructure (including buildings and housing) in the United States regardless of whether infrastructure is the primary purpose of the Project. 2 C.F.R. Part 184 and HUD’s Notice CPD-23-12: CPD Implementation Guidance for the Build America, Buy America Act's Domestic Content Procurement Preference as Part of the Infrastructure Investment and Jobs Act - HUD Exchange provides further guidance on the implementation of BABA. Additional details on fulfilling the BABA requirements can be found on HUD’s website Build America, Buy America Act - HUD Exchange.
VII. Other Terms and Conditions
A. Right to Modify or Suspend
The Department reserves the right, at its sole discretion, to suspend, rescind, amend, modify, or supplement the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties via a Listserv notice and will post the revisions to the Department website. Be sure to sign up for our Listserv at https://www.hcd.ca.gov/contact-us/email-signup by choosing “Federal Programs.”
This NOFA is not a commitment of funds to any activity or Applicant.
B. Incompatible Funding
It is the duty and responsibility of each Applicant to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular project, program, or activity in order to ensure that each and every requirement of those funding sources is compatible with all program requirements and restrictions. Incompatibility of funding sources will result in the denial or cancellation of an award or may result in the placement of conditions or limitations on an award, all as determined by the Department in its sole and absolute discretion.
California Department of Housing and Community Development HOME 2024 NOFA
55 C. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation (whichever is stricter) shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the HOME Program, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.
D. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department in connection with this HOME NOFA may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.
E. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on the HOME Program because the HOME Program beneficiaries are victims of this crime when the HOME Program is abused. The Department is committed to preventing and stopping any criminal assault on the HOME Program it administers, and in doing so ensure all HOME funds go to people it was designed to help and improve their living conditions.
F. Combating Fraud
The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.
HUD cannot combat fraud alone; they rely on the Department and HOME NOFA Applicants to combat HOME Program fraud.
HUD also relies on Applicants for, and people receiving, HUD benefits, such as:
tenants receiving rental assistance, borrowers with HUD insured loans, and/or citizens having their communities restored using HUD grants.
The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the HOME Program to the OIG.
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the HOME Program from HUD employees, anyone administering the HOME Program, anyone working in the HOME Program, contractors, and the public.
Complaints can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
Fraud, waste and abuse in the HOME Program and its operation may be reported in one of the following four (4) ways:
By email to: [email protected]
California Department of Housing and Community Development HOME 2024 NOFA
56 By phone: Call toll free: 1-800-347-3735 By fax: 202-708-4829 By mail: U.S. Department of Housing & Urban Development HUD OIG, Office of Investigation, Room 1200 Field Office One Sansome Street, San Francisco, CA 94104
HUD OIG, Office of Investigation Suite 4070
Regional Office
300 North Los Angeles Street, Los Angeles, CA 90012
G. Whistleblower Protection Acts
(Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1. A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a. a violation of any law, rule, or regulation,
b. gross mismanagement,
c. a gross waste of funds,
d. an abuse of authority, or
e. a substantial and specific danger to public health or safety.
2. In general, an employee or Applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a. Informing a supervisor or someone higher up in management, b. Submitting a complaint to the OIG by emailing the OIG at [email protected], c. Filing a complaint with the Office of Special Counsel (OSC) https://www.osc.gov/.
The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article
3.5, Gov. Code §§ 8548-8548.5)
The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related California Department of Housing and Community Development HOME 2024 NOFA
57 to state government that:
1. Violates any state or federal law or regulation,
2. Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or
3. Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from an appropriate law enforcement agency conducting a criminal investigation.
There are many ways to file a complaint:
1. By Telephone
Call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 A.M. to 5:00 P.M. If when called, the hotline is not being staffed, or staff is occupied with other calls, a voicemail message can be left requesting a return call.
2. By Mail or Facsimile
To file a complaint in writing, submit a letter to the State Auditor addressed as follows:
Investigations California State Auditor
P.O. Box 1019
Sacramento, CA 95812
Or the letter may be faxed to the State Auditor at (916) 322-2603.
As an alternative, a complaint form may be accessed electronically (which is available on the State Auditor website at auditor.ca.gov). To submit, print it out, and return it by mail or facsimile as stated above.
3. Online
Although the State Auditor does not accept complaints by email, complaints may be submitted online at
https://www.auditor.ca.gov/whistleblower/.
The State Auditor will not undertake an investigation unless there is a basis for believing that a complaint has sufficient merit to warrant spending resources on an investigation. A complaint should therefore include:
a. A clear and concise statement of what is being alleged to be improper activity and why it is believed to be improper.
b. The name or other information that clearly identifies the person alleged to have acted improperly and the department where that person works.
California Department of Housing and Community Development HOME 2024 NOFA
58 c. The names and contact information for any witnesses who can confirm the truth of the complaint.
d. Copies of any documents that will support the complaint. (Do not submit original documents, as they cannot be returned.)
H. Cancellation and Defaults
If HCD is required to repay HUD for HOME funds invested in affordable housing because the Project failed to meet the required minimum period of affordability (pursuant to 24 C.F.R. § 92.252(e)), then the Applicant/Developer/Contractor must repay the same amount back to the Department upon demand.
Terminated Projects: If a HOME Project is terminated pursuant to 24 C.F.R. §
92.205 and the Department must repay any HOME funds invested in the Project to the Department's HOME Investment Trust Fund in accordance with 24 C.F.R. § 92.503(b), then Applicant/Sponsor/Developer/Borrower must repay that money back to the Department, so the Department is made whole.
I. Loan Closing Requirements
Sponsor must submit all Department Closing Checklist items well in advance of the anticipated construction loan closing, occupancy, and permanent loan closing dates.
Sponsors and Borrowers should allow at minimum 60 days after they have submitted to the Department the (i) final due diligence documents; and (ii) final signed transaction summary report for a loan to close. With the Department’s current workload, the Department strongly recommends Sponsors and Borrower allow at minimum 90 days after submitting the final signed transaction summary for a HOME loan to close.
Failure by Sponsors and Borrowers to timely submit (i) the required due diligence documentation; and (ii) the final signed transaction summary will result in an unnecessary delay to the date when the Department loan will be able to close and may result in extra costs to Borrower. Sponsors and Borrowers are responsible to plan accordingly to ensure a timely closing.
VIII. List of Appendices
Appendix A: Eligible State HOME Jurisdictions
Appendix B: CHDO Certification Instructions
Appendix C: Community Needs Score
Appendix D: Scoring Factors
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: May 27, 2025
AGENDA SECTION: New Business
SUBJECT: Request for Direction Regarding Continuation of Development Impact Fee Reductions or Amendment of Development Agreements with Current Fee Schedule
PREPARED BY: Jaime Quintana, Director of Community and Economic Development ATTACHMENTS: 1) Chowchilla Impact Fee Study Final Report, dated 05/11/2022 2) Master Fee Schedule-Item 4.1.1 & 4.1.2 (23-24)
3) Development Agreement, Lone Oak (Sessions/Orchard View), Recorded 4) Email, Request for Amendment of Development Agreement to Extend Effective Date of Reduced Development Impact Fees
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council provides direction on whether to:
- Continue the current temporary reduction in Development Impact Fees (DIFs), or - Instruct staff to amend existing Development Agreements to reflect the updated, full Development Impact Fee schedule per our current Master Fee Schedule.
BACKGROUND:
In 2022, the City Council approved a new Master Fee Scheduled with subsequent revisions in the following years (2023 & 2024) and maintained a temporary reduction in Development Impact Fees as a means to encourage residential and commercial development in the City of Chowchilla during a time of economic uncertainty and to remain regionally competitive. This reduction was offered as a short-term incentive and incorporated into development agreements for projects under consideration.
Since that time, several developers have benefited from the reduced fees, and some development agreements were drafted under the assumption that the reductions would remain in place until final project approval, issuance of building permits, or term dates of cession. However, the temporary nature of the reductions now requires Council direction: whether to maintain the incentive or revert to the full, adopted fee schedule.
REASON FOR RECOMMENDATION:
Staff seeks clarity and uniformity in applying Development Impact Fees moving forward. Without Council direction, there is a risk of inconsistent treatment of developers and ambiguity in project cost expectations.
Continuing the reduction could further stimulate development, particularly as regional competition for new housing and commercial growth intensifies. Conversely, restoring the full DIF schedule would ensure longterm funding sustainability for critical infrastructure and public facilities.
FISCAL IMPACT:
Continuing the fee reductions will result in reduced revenue collected per unit or per square foot of new development, which could affect funding availability for planned capital improvement projects, including transportation, parks, water, and sewer infrastructure. However, increased project volume due to incentivized development may partially offset the shortfall.
Restoring full DIFs would increase revenue consistency for the Capital Improvement Program (CIP) but may slow project applications or push developers to neighboring jurisdictions with lower fees.
ALTERNATIVES:
1. Maintain the status quo – Allow the existing temporary fee reduction to continue on a case-by-case basis, without formal Council action.
2. End the reduction immediately – Require all future projects to pay the full Development Impact Fee schedule.
3. Phase out the reduction – Implement a timeline that gradually restores full DIFs over a defined period.
4. Apply reductions selectively – Tie fee reductions to project type (e.g., affordable housing, infill development) or location (e.g., priority growth areas).
ACTIONS FOLLOWING APPROVAL:
- If Council directs continuation of the reduction: staff will draft and return with a formal resolution extending the reduced DIF policy.
- If Council directs reinstatement of full fees: staff will notify developers and amend existing Development Agreements as necessary to reflect the updated DIFs. - Staff will update internal and public-facing materials, including DIF schedules and application packets, to reflect Council’s direction.
Final Report
Citywide Development Impact Fee Study
Final Report
May 11, 2022
nbsgov.com
Prepared by:
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Temecula, CA 92592
Toll free: 800.676.7516
Table of Contents
Executive Summary.........................................................................................................................S-1 Organization of the Report....................................................................................................................S-1 Development Projections ......................................................................................................................S-1 Impact Fee Analysis................................................................................................................................S-2 Impact Fee Summary .............................................................................................................................S-5 Chapter 1. Introduction...................................................................................................................1-1 Purpose ..................................................................................................................................................1-1 Legal Framework for Developer Fees....................................................................................................1-1 Recent Legislation..................................................................................................................................1-6 Impact Fee Calculation Methodology....................................................................................................1-8 Facilities Addressed in this Study...........................................................................................................1-9 Chapter 2. Development Data .........................................................................................................2-1 Setting ....................................................................................................................................................2-1 Study Area and Time Frame...................................................................................................................2-1 Development Types...............................................................................................................................2-1 Residential Development and Population .............................................................................................2-2 Units of Development............................................................................................................................2-3 Demand Variables..................................................................................................................................2-3 Existing and Future Development..........................................................................................................2-8 Growth Potential..................................................................................................................................2-11 Chapter 3. Park Land and Park Improvements..................................................................................3-1 In-Lieu Fees and Impact Fees for Park Land Acquisition........................................................................3-1 Impact Fees for Park Improvements......................................................................................................3-1 The Quimby Act......................................................................................................................................3-2 Service Area ...........................................................................................................................................3-2 Methodology..........................................................................................................................................3-2 Demand Variable ...................................................................................................................................3-2 Level of Service ......................................................................................................................................3-3 Cost Per Capita.......................................................................................................................................3-5 In-Lieu Fees and Impact Fees per Unit...................................................................................................3-6 Projected Revenue.................................................................................................................................3-7 Updating the Fees..................................................................................................................................3-9 Nexus Summary .....................................................................................................................................3-9 Chapter 4. Fire Facilities..................................................................................................................4-1 Service Area ...........................................................................................................................................4-1 Demand Variable ...................................................................................................................................4-1 Methodology..........................................................................................................................................4-1 Level of Service ......................................................................................................................................4-1 Facilities, Apparatus and Equipment .....................................................................................................4-2 Cost per Call for Service .........................................................................................................................4-3 Impact Fees per Unit..............................................................................................................................4-3 Projected Revenue.................................................................................................................................4-4 Updating the Fees..................................................................................................................................4-5 Nexus Summary .....................................................................................................................................4-5 Chapter 5. Police Facilities...............................................................................................................5-1 Service Area ...........................................................................................................................................5-1 Demand Variable ...................................................................................................................................5-1 Methodology..........................................................................................................................................5-1 Level of Service ......................................................................................................................................5-1 Existing Facilities, Vehicles and Equipment ...........................................................................................5-2 Cost per Call for Service .........................................................................................................................5-4 Impact Fees per Unit..............................................................................................................................5-4 Projected Revenue.................................................................................................................................5-5 Updating the Fees..................................................................................................................................5-6 Nexus Summary .....................................................................................................................................5-6 Chapter 6. Street System Impact Fees..............................................................................................6-1 Service Area ...........................................................................................................................................6-1 Methodology..........................................................................................................................................6-1 Demand Variable ...................................................................................................................................6-1 Level of Service ......................................................................................................................................6-1 Improvement Costs................................................................................................................................6-1 Cost per Peak Hour Trip.........................................................................................................................6-2 Impact Fees per Unit of Development...................................................................................................6-2 Projected Revenue.................................................................................................................................6-3 Updating the Fees..................................................................................................................................6-4 Nexus Summary .....................................................................................................................................6-4 Chapter 7. Traffic Signal Impact Fees ...............................................................................................7-1 Service Area ...........................................................................................................................................7-1 Methodology..........................................................................................................................................7-1 Demand Variable ...................................................................................................................................7-1 Level of Service ......................................................................................................................................7-1 Traffic Signal Costs.................................................................................................................................7-1 Cost per Peak Hour Trip.........................................................................................................................7-2 Impact Fees per Unit of Development...................................................................................................7-2 Projected Revenue.................................................................................................................................7-3 Updating the Fees..................................................................................................................................7-4 Nexus Summary .....................................................................................................................................7-4 Chapter 8. Public Buildings..............................................................................................................8-1 Methodology..........................................................................................................................................8-1 Demand Variable ...................................................................................................................................8-1 Level of Service ......................................................................................................................................8-1 Service Area ...........................................................................................................................................8-1 Existing Facilities and Vehicles...............................................................................................................8-1 Cost per Capita of Service Population....................................................................................................8-3 Impact Fees per Unit of Development...................................................................................................8-4 Projected Revenue.................................................................................................................................8-4 Updating the Fees..................................................................................................................................8-5 Nexus Summary .....................................................................................................................................8-5 Chapter 9. Community and Recreation Centers................................................................................9-1 Service Area ...........................................................................................................................................9-1 Demand Variable ...................................................................................................................................9-1 Methodology..........................................................................................................................................9-1 Existing Facilities....................................................................................................................................9-1 Level of Service ......................................................................................................................................9-2 Impact Fees per Unit..............................................................................................................................9-3 Projected Revenue.................................................................................................................................9-3 Updating the Fees..................................................................................................................................9-3 Nexus Summary .....................................................................................................................................9-4 Chapter 10. Storm Drainage Improvements...................................................................................10-1 Service Area .........................................................................................................................................10-1 Methodology........................................................................................................................................10-1 Level of Service ....................................................................................................................................10-1 Impact Fees per Acre ...........................................................................................................................10-1 Projected Revenue...............................................................................................................................10-2 Updating the Fees................................................................................................................................10-2 Nexus Summary ...................................................................................................................................10-3 Chapter 11. Water System Improvements .....................................................................................11-1 Service Area .........................................................................................................................................11-1 Demand Variable .................................................................................................................................11-1 Methodology........................................................................................................................................11-1 Level of Service ....................................................................................................................................11-1 System Improvement Needs................................................................................................................11-1 Cost per Gallon per Day .......................................................................................................................11-2 Capacity Charge per Unit .....................................................................................................................11-2 Projected Revenue...............................................................................................................................11-3 Updating the Capacity Charges............................................................................................................11-4 Nexus Summary ...................................................................................................................................11-4 Chapter 12. Sewer System Improvements......................................................................................12-1 Service Area .........................................................................................................................................12-1 Demand Variable .................................................................................................................................12-1 Methodology........................................................................................................................................12-1 Level of Service ....................................................................................................................................12-1 System Improvement Needs................................................................................................................12-1 Cost per Gallon per Day .......................................................................................................................12-2 Sewer System Capacity Charge per Unit..............................................................................................12-3 Projected Revenue...............................................................................................................................12-3 Updating the Sewer Capacity Charges.................................................................................................12-4 Nexus Summary ...................................................................................................................................12-4 Chapter 13. Administrative Fee .....................................................................................................13-1 Chapter 14. Implementation .........................................................................................................14-1 Adoption ..............................................................................................................................................14-1 Administration .....................................................................................................................................14-2 Requirements Imposed by AB 602.......................................................................................................14-7 Training and Public Information ..........................................................................................................14-8 Recovery of Administrative Costs........................................................................................................14-8 Appendices
Fee Comparison Appendix A
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Executive Summary
The City of Chowchilla has retained NBS Government Finance Group to prepare this study to analyze the impacts of new development on many types of City capital facilities and to calculate impact fees based on that analysis. The methods used in this study are intended to satisfy all legal requirements of the U. S. Constitution, the California Constitution and the California Mitigation Fee Act (Government Code Sections 66000 et seq.) and the Quimby Act (Government Code Section 66477) where applicable.
Organization of the Report
Chapter 1 of this report provides an overview of the legal requirements for establishing and imposing such fees, and methods that can be used to calculate impact fees.
Chapter 2 contains data on existing and future development used in this report.
Chapters 3 through 12 analyze the impacts of development on specific types of facilities and calculate impact fees for those facilities. The facilities addressed in this report are listed by chapter below:
Chapter 3. Parks Land and Improvements
Chapter 4. Fire Protection Facilities
Chapter 5. Police Facilities
Chapter 6. Street Improvements
Chapter 7. Traffic Signals
Chapter 8. Public Buildings
Chapter 9. Community and Recreation Centers
Chapter 10. Storm Drainage Improvements
Chapter 11. Water System
Chapter 12. Sewer System
Chapter 13 provides the basis for the City’s administrative fee which recovers for the costs of performing routine impact fee study updates, as well as ongoing annual administration, reporting, accounting, and other services required to facilitate the impact fee program.
Chapter 14 contains recommendations for adopting and implementing impact fees, including suggested findings to satisfy the requirements of the Mitigation Fee Act.
Development Projections
Chapter 2 of this report presents estimates of existing development in Chowchilla and a forecast of future development out to 2040. Future development shown in Chapter 2 indicates that the City’s population could increase by about 160% to around 34,000 by 2040. Other measures of City of Chowchilla Page S-2
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development such as employment and peak hour traffic are also projected to increase by 160% to 175%.
There may be some disagreement as to whether that 2040 forecast is realistic. However, the timing of that development does not affect the impact fee calculations in this study. The methods used to calculate impact fees in this report do not depend on assumptions about the rate or timing of future development. The future development projected in Chapter 2 may occur sooner or later than 2040 without affecting the validity of the impact fee calculations.
Chapter 2 also establishes values for factors such as population per unit, service population per unit, and peak hour trips per unit that are used in the impact fee calculations.
Impact Fee Analysis
The impact fee analysis for each type of facility addressed in this report is presented in a separate chapter. In each case, the relationship, or nexus, between development and the need for a particular type of facility is defined in a way that allows the impact of additional development on facility needs to be quantified.
The impact fees are based on capital costs for facilities and other capital assets needed to mitigate the impacts of additional development. Impact fees may not be used for maintenance or operating costs. Impact fees calculated in this report are shown on page S-6 of this Executive Summary.
The following paragraphs briefly discuss the methods used to calculate impact fees for the facilities addressed in this study.
Parks and Recreation Facilities. Chapter 3 of this report calculates impact fees for park land acquisition and park improvements. Three types of fees are calculated in that chapter: (1) Quimby Act fees in lieu of park land dedication which apply only to development that involves a subdivision; (2) park land impact fees which apply to residential development not involving a subdivision; and (3) park improvement impact fees which apply to all residential development.
Of the first two fees, a project would be subject to one or the other, not both.
With respect to Quimby Act in-lieu fees, this study calculates a schedule of in-lieu fees based on an estimated average cost per acre of land in the City. The alternative is to establish in-lieu fees case-by-case based on an appraisal of land value for each project. That is the method prescribed in Chowchilla’s current Quimby Act ordinance [Chowchilla Municipal Code Section 17.040.010 (E)]. However, another part of the ordinance, the method specified for determining the acreage of park land to be dedicated by a developer, does not appear to satisfy the requirements of the Quimby Act. We recommend that the existing ordinance be amended to establish park land dedication requirements consistent with the statute, using the population per unit factors shown in Table 2.1 in Chapter 2 of this report
The impact fees calculated in Chapter 3 are based on the City’s existing level of service in terms of improved park acreage per capita. The estimated cost per acre for park land and improvements is used to determine a cost per capita which is then converted into fees per unit of residential City of Chowchilla Page S-3
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development based on the estimated average population per unit for each type of residential development defined in this report. Because parks and recreation facilities are intended to serve residents of the City, these fees apply only to residential development.
Fire Protection Facilities. Chapter 4 calculates impact fees for fire protection facilities, including apparatus and vehicles, based on the existing level of service in the City. The existing level of service is defined as the relationship between the replacement value of existing Fire Department capital assets and the number of calls for service per year received by the Fire Department. That relationship is stated as a cost per call for service per year.
As part of this study, NBS analyzed the distribution of Fire Department calls for service for a full year to determine the average number of calls per unit per year generated by different types of development. The impact fee per unit for each type of development is calculated by multiplying the cost per call and the number of calls per unit for that type of development. Fire protection impact fees are intended to apply to all types of new development in the City.
Police Facilities. Chapter 5 calculates impact fees for Police Department facilities and vehicles based on the existing level of service in the City. The existing level of service is defined as the relationship between the replacement value of existing Police Department capital assets and the number of calls for service per year received by the Department. That relationship is stated as a cost per call for service per year.
As part of this study, NBS analyzed the distribution of Police Department calls for service for a full year to determine the average number of calls per unit per year generated by different types of development. The impact fee per unit for each type of development is calculated by multiplying the cost per call and the number of calls per unit for that type of development. Police impact fees are intended to apply to all types of new development in the City.
Street Improvements. Chapter 6 calculates impact fees for street system improvements based on new development’s share of the estimated costs for a set of needed improvements identified by the Director of Public Works Director consistent with the Circulation Element of the City’s General Plan. Costs to be funded by Measure T revenue are excluded from the cost basis used in the impact fee calculations. New development’s proportionate share of the cost of those improvements is divided by the projected increase in peak hour trips generated by new development to get a cost per peak hour trip.
The cost per peak hour trip is converted into fees per unit of development using the number of peak hour trips per unit generated by each type of development defined in this report. Peak hour trips per unit are based on rates for the p.m. peak hour of the adjacent street from 10th edition of the Institute of Transportation Engineers (ITE) manual, Trip Generation. Street impact fees are intended to apply to all types of new development in the City.
Traffic Signals. Chapter 7 calculates impact fees for new traffic signals needed to mitigate the impacts additional traffic generated by new development forecasted in this study. The total estimated cost of planned new traffic signals is divided by the projected increase in peak hour trips generated by new development to get a cost per peak hour trip.
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The cost per peak hour trip is converted into fees per unit of development using the number of peak hour trips per unit generated by each type of development defined in this report. Peak hour trips per unit are based on rates for the p.m. peak hour of the adjacent street from 10th edition of the Institute of Transportation Engineers (ITE) manual, Trip Generation. Traffic signal impact fees are intended to apply to all types of new development in the City.
Public Buildings. Chapter 8 calculates impact fees for Chowchilla’s public buildings including the Civic Center and Corporation Yard facilities as well as a small number of general government vehicles and equipment. The impact of development on the need for those facilities is represented by a service population, which is a weighted composite of resident population and employees of businesses in the City. See Chapter 2 for a more detailed discussion of service population.
Impact fees for public buildings are based on the existing level of service, defined as the asset replacement cost per capita of service population. That per-capita cost represents the amount needed from each added unit of service population to maintain the existing level of service as the City grows. The cost per capita is converted into fees per unit of development based on the estimated average service population per unit for each type of development defined in this report. Impact fees for public buildings are intended to apply all types of new development in the City.
Community and Recreation Centers. Chapter 9 calculates impact fees for community and recreation centers based on the existing level of service for those facilities in the City. The impact of development on the need for those facilities is represented by the added population associated with new residential development. The existing level of service is defined as the replacement cost of existing facilities per capita of existing population.
The cost per capita is converted into fees per unit of development based on the estimated average population per unit for each type of residential development defined in this report.
Impact fees for community and recreation centers are intended to apply only to new residential development in the City.
Storm Drainage Impact Fees. In Chapter 10, this report updates storm drainage impact fees from a 2004 Storm Drainage Master Plan by escalating them to reflect current construction costs.
Those fees are escalated using the Engineering News Record Construction Cost Index (CCI). That index has increased by a factor of 1.813 since 2004, so that the Storm Drainage Impact Fees updated in this study show an increase of 81.3% from the 2004 fees. Because the land use categories used to define those impact fees are not consistent with the development types used for other impact fees in this study, the Storm Drainage impact fees are shown in a separate schedule from other impact fees later in this Executive Summary.
Water System Capacity Charges. Chapter 11 calculates capacity charges for water system improvements needed to serve new development in Chowchilla. The capacity charge calculations are based on the cost of three types of water system improvements: distribution system expansion, new wells, and new reservoir storage. The impact of development on the need for City of Chowchilla Page S-5
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those improvements is based on added water system demand in terms of average day demand in gallons per day (GPD).
Added demand per acre for various types of development is taken from water demand projections prepared for the Water Master Plan by Yamabe and Horn Engineering, Inc. Demand per acre is converted into demand per unit using residential densities and non-residential floor area ratios consistent with the Land Use Element of the Chowchilla General Plan. Water system capacity charges are intended to apply to all new development in Chowchilla.
Sewer Capacity Charges. Chapter 12 calculates capacity charges for sewer system improvements needed to serve new development in Chowchilla. The capacity charge calculations are based on the cost of improvements needed to expand the collection system and the wastewater treatment plant. The impact of development on the need for those improvements is based on added wastewater flows in gallons per day (GPD) generated by new development.
Added wastewater flows per acre for various types of development is taken from wastewater generation projections prepared for the Sewer Master Plan by Yamabe and Horn Engineering, Inc. Wastewater generation per acre is converted into generation per unit using residential densities and non-residential floor area ratios consistent with the Land Use Element of the Chowchilla General Plan. Sewer system capacity charges are intended to apply to all new development in Chowchilla.
Impact Fee Summary
Table S.1 shows the impact fees calculated in this report, except for storm drainage fees which are shown in Table S.5. Blank areas in the table indicate that some impact fees are not calculated for non-residential development. Please note that Table S.1 shows impact fees for Public Facilities and Institutions. It is necessary to calculate those fees to account for the costs associated with those types of development. However, we understand that that City may not have the authority to charge those fees to public schools and other government facilities.
This study calculates impact fees for both park improvements and park land acquisition, as well as a fee in lieu of park land dedication as provided in the Quimby Act. The tables in this Executive Summary do not show fees for park land acquisition because the City currently calculates fees in Table S.1: Summary of Proposed Citywide Impact Fees
Development
Type
Unit
Type 1
Park
Imprv Fire Police Streets
Traffic
Signals
Public
Bldgs
Com/Rec
Centers Water Sewer Total
Residential, Single-Family DU 3,821 1,018 1,056 3,120 404 2,185 566 2,498 2,282 $16,951 Residential, Multi-Family DU 2,866 819 832 1,765 229 1,639 425 1,407 1,549 $11,530 Retail/Service Commercial KSF 2,148 6,220 12,009 1,556 849 1,110 823 $24,716 Professional Office KSF 660 1,429 3,625 470 683 925 549 $ 8,340 Skilled Nursing Facility Bed 420 425 693 90 734 1,031 1,120 $ 4,513 Industrial KSF 481 216 1,671 216 243 739 567 $ 4,133
Public Facilities/Institutions KSF 2,413 6,558 2,963 384 683 505 549 $14,053 1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Bed = patient bed City of Chowchilla Page S-6
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lieu of park land acquisition on a case-by-case basis which means there is no way to compare existing fees with the proposed fees.
Table S.2 shows the proposed impact fees from Table S.1 with the addition of a 0.5% administrative fee to cover the cost of complying with the requirements of the Mitigation Fee Act for accounting, capital budgeting, fee adjustments, mandated annual reports and 5-year reviews of the impact fee program, as well as periodic impact fee update studies.
Table S.3 shows the City’s existing impact fees. The existing impact fee schedule differs from the proposed schedule in a few ways. This study calculates an impact fee for community and recreation centers, while the City does not have an existing impact fee for that purpose. The existing impact fee schedule does not have a separate fee for the professional office (Medical Arts) category. We have assumed that the City currently applies the commercial impact fees to that type of development. Also, the proposed schedule includes impact fees for Skilled Nursing facilities and for Public Facilities and Institutions, while the existing schedule does not.
It should also be noted that the City currently charges the same impact fees per unit for development in the single-family and multi-family residential categories. This study calculates separate impact fees per unit for those development types, so that the proposed impact fees for multi-family residential development are substantially lower overall than the existing fees.
Showing the City’s existing impact fees is complicated by the fact that the City has nine separate impact fee zones with impact fees that can vary from zone to zone. However, the impact fees are the same in several zones and the fees shown in Table S.3 are those that apply to the most zones.
Table S.2: Summary of Proposed Citywide Impact Fees Including Administration Fee Development
Type
Unit
Type 1
Park
Imprv Fire Police Streets
Traffic
Signals
Public
Bldgs
Com/Rec
Centers Water Sewer Total
Residential, Single-Family DU 3,841 1,023 1,061 3,136 406 2,196 569 2,511 2,293 17,036 Residential, Multi-Family DU 2,880 823 836 1,774 230 1,647 427 1,414 1,557 11,588 Retail/Service Commercial KSF - 2,159 6,251 12,069 1,564 854 1,116 827 24,840 Professional Office KSF 663 1,436 3,643 472 686 930 551 8,381 Skilled Nursing Facility Bed 422 428 697 90 737 1,036 1,126 4,536 Industrial KSF 484 217 1,679 218 244 743 570 4,153
Public Facilities/Institutions KSF 2,425 6,591 2,978 386 686 507 551 14,124 1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Bed = patient bed City of Chowchilla Page S-7
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Table S.4 shows the difference between the existing impact fees in Table S.3 and the proposed fees including the administrative fee from Table S.2. Numbers in parentheses indicate that the proposed fees are lower than the existing fees.
Table S.5 shows existing and proposed storm drainage impact fees. Unlike the other impact fees calculated in this study, those fees are per-acre rather than per-unit. The land use categories for those fees also differ from the development types used for other impact fees in this study, because this study simply updates the storm drainage impact fees originally calculated in 2004 by Giersch & Associates. As with the other impact fees shown above, a 2% administrative fee is added to those fees.
Table S.3: Summary of Existing Impact Fees
Development
Type
Unit
Type 1
Park
Imprv Fire Police Streets
Traffic
Signals
Public
Bldgs
Com/Rec
Centers Water Sewer Total
Residential, Single-Family DU 2,276 1,751 946 3,938 238 961 0 2,282 6,267 $18,659 Residential, Multi-Family DU 2,276 1,751 946 3,938 238 961 0 2,282 6,267 $18,659 Retail/Service Commercial KSF 740 400 1,311 190 420 0 480 1,330 $4,871 Professional Office KSF 740 400 1,311 190 420 0 480 1,330 $4,871 Skilled Nursing Facility Bed $0
Industrial KSF 420 230 750 80 230 0 230 510 $2,450
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Bed = patient bed No Fee
Table S.4: Difference Between Existing and Proposed Citywide Impact Fees Development
Type
Unit
Type 1
Park
Imprv Fire Police Streets
Traffic
Signals
Public
Bldgs
Com/Rec
Centers Water Sewer Total
Residential, Single-Family DU 1,565 (728) 115 (802) 168 1,235 569 229 (3,974) $ (1,623) Residential, Multi-Family DU 604 (928) (110) (2,164) (8) 686 427 (868) (4,710) $ (7,071) Retail/Service Commercial KSF - 1,419 5,851 10,758 1,374 434 636 (503) $19,969 Professional Office KSF - (77) 1,036 2,332 282 266 450 (779) $ 3,510 Skilled Nursing Facility Bed -
Industrial KSF - 64 (13) 929 138 14 513 60 $ 1,703
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Bed = patient bed No Existing Fee for Comparison
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Table S.5: Proposed Storm Drainage Impact Fees
Land Use Proposed Impact Impact Fee +
Category Fee per Acre Admin Fee 1
Residential - Low Density $ 7,259 $ 7,296
Residential - Medium Density $ 9,661 $ 9,710
Residential - High Density $ 13,472 $ 13,540
Community Commercial $ 13,971 $ 14,041
Downtown Commercial $ 14,232 $ 14,303
Neighborhood Commercial $ 19,626 $ 19,724
Service Commercial $ 17,247 $ 17,333
Professional Office (Medical Arts) $ 11,106 $ 11,162
Light Industrial $ 22,093 $ 22,204
Heavy Industrial $ 22,131 $ 22,242
Public Facility $ 11,177 $ 11,233
Elementary School $ 5,212 $ 5,238
High School $ 20,014 $ 20,114 2
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Chapter 1. Introduction
Purpose
The purpose of this study is to analyze the impacts of development on the need for several types of public facilities provided by the City of Chowchilla and to calculate impact fees based on that analysis. This report documents the approach, data and methodology used in this study to calculate impact fees as well as Quimby Act park land dedication requirements and in lieu fees.
The methods used to calculate impact fees and in-lieu fees in this report are intended to satisfy all legal requirements governing such fees, including provisions of the U. S. Constitution, the California Constitution, the California Mitigation Fee Act (Government Code Sections 66000- 66025), and, where applicable, the Quimby Act (Government Code Section 66477).
Legal Framework for Developer Fees
This brief summary of the legal framework for development fees is intended as a general overview. It was not prepared by an attorney and should not be treated as legal advice.
U. S. Constitution. Like all land use regulations, development exactions, including impact fees, are subject to the 5th Amendment prohibition on taking of private property for public use without just compensation. Both state and federal courts have recognized the imposition of impact fees on development as a legitimate form of land use regulation, provided the fees meet standards intended to protect against “regulatory takings.” A regulatory taking occurs when regulations unreasonably deprive landowners of property rights protected by the Constitution.
In two landmark cases dealing with exactions, the U. S. Supreme Court has held that when a government agency requires the dedication of land or an interest in land as a condition of development approval or imposes ad hoc exactions as a condition of approval on a single development project that do not apply to development generally, a higher standard of judicial scrutiny applies. To meet that standard, the agency must demonstrate an "essential nexus" between such exactions and the interest being protected (See Nollan v. California Coastal Commission, 1987) and make an” individualized determination” that the exaction imposed is "roughly proportional" to the burden created by development (See Dolan v. City of Tigard, 1994).
Until recently, it was widely accepted that legislatively enacted impact fees that apply to all development in a jurisdiction are not subject to the higher standard of judicial scrutiny flowing from the Nollan and Dolan decisions. But after the U. S. Supreme Court decision in Koontz v. St.
Johns Water Management District (2013), state courts have reached conflicting conclusions on that issue.
In light of that uncertainty, any agency enacting or imposing impact fees would be wise to demonstrate a nexus and ensure proportionality in the calculation of those fees.
Defining the “Nexus.” While courts have not been entirely consistent in defining the nexus required to justify exactions and impact fees, that term can be thought of as having the three City of Chowchilla Page 1-2
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elements discussed below. We think proportionality is logically included as one element of that nexus, even though it was discussed separately in Dolan v. Tigard. The elements of the nexus discussed below mirror the three “reasonable relationship” findings required by the Mitigation Fee Act for establishment and imposition of impact fees.
Need or Impact. Development must create a need for the facilities to be funded by impact fees.
All new development in a community creates additional demands on some or all public facilities provided by local government. If the capacity of facilities is not increased to satisfy the additional demand, the quality or availability of public services for the entire community will deteriorate.
Impact fees may be used to recover the cost of development-related facilities, but only to the extent that the need for facilities is related to the development project subject to the fees.
The Nollan decision reinforced the principle that development exactions may be used only to mitigate impacts created by the development projects upon which they are imposed. In this study, the impact of development on facility needs is analyzed in terms of quantifiable relationships between various types of development and the demand for public facilities based on applicable level-of-service standards. This report contains all of the information needed to demonstrate compliance with this element of the nexus.
Benefit. Development must benefit from facilities funded by impact fees. With respect to the benefit relationship, the most basic requirement is that facilities funded by impact fees be available to serve the development paying the fees. A sufficient benefit relationship also requires that impact fee revenues be segregated from other funds and expended in a timely manner on the facilities for which the fees were charged. Nothing in the U.S. Constitution or California law requires that facilities paid for with impact fee revenues be available exclusively to development projects paying the fees.
Procedures for earmarking and expenditure of fee revenues are mandated by the Mitigation Fee Act, as are procedures to ensure that the fees are either expended expeditiously or refunded.
Those requirements are intended to ensure that developments benefit from the impact fees they are required to pay. Thus, over time, procedural issues as well as substantive issues can come into play with respect to the benefit element of the nexus.
Proportionality. Impact fees must be proportional to the impact created by a particular development project. Proportionality in impact fees depends on properly identifying development-related facility costs and calculating the fees in such a way that those costs are allocated in proportion to the facility needs created by different types and amounts of development. The section on impact fee methodology, below, describes methods used to allocate facility costs and calculate impact fees that meet the proportionality standard.
California Constitution. The California Constitution grants broad police power to local governments, including the authority to regulate land use and development. That police power is the source of authority for local governments in California to impose impact fees on development. Some impact fees have been challenged on grounds that they are special taxes imposed without voter approval in violation of Article XIIIA. However, that objection is valid only City of Chowchilla Page 1-3
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if the fees charged to a project exceed the cost of providing facilities needed to serve the project.
In that case, the fees would also run afoul of the U. S. Constitution and the Mitigation Fee Act.
Articles XIIIC and XIIID, added to the California Constitution by Proposition 218 in 1996, require voter approval for some “property-related fees,” but exempt “the imposition of fees or charges as a condition of property development.”
The Mitigation Fee Act. California’s impact fee statute originated in Assembly Bill 1600 during the 1987 session of the Legislature, and took effect in January, 1989. AB 1600 added several sections to the Government Code, beginning with Section 66000. Since that time, the impact fee statute has been amended from time to time, and in 1997 was officially titled the “Mitigation Fee Act.” Unless otherwise noted, code sections referenced in this report are from the Government Code.
The Mitigation Fee Act does not limit the types of capital improvements for which impact fees may be charged. It defines public facilities very broadly to include "public improvements, public services and community amenities." Although the issue is not specifically addressed in the Mitigation Fee Act, it is clear both in case law and statute (see Government Code Section 65913.8) that impact fees may not be used to pay for maintenance or operating costs. Consequently, the fees calculated in this report are based on the cost of capital assets only.
The Mitigation Fee Act does not use the term “mitigation fee” except in its official title. Nor does it use the more common term “impact fee.” The Act simply uses the word “fee,” which is defined as “a monetary exaction, other than a tax or special assessment…that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project ….” To avoid confusion with other types of fees, this report uses the widely-accepted terms “impact fee” and “development impact fee” which both should be understood to mean “fee” as defined in the Mitigation Fee Act.
The Mitigation Fee Act contains requirements for establishing, increasing and imposing impact fees. They are summarized below. It also contains provisions that govern the collection and expenditure of fees and requires annual reports and periodic re-evaluation of impact fee programs. Those administrative requirements are discussed in the implementation chapter of this report.
Required Findings. Section 66001 requires that an agency establishing, increasing or imposing impact fees, must make findings to:
1. Identify the purpose of the fee;
2. Identify the use of the fee; and,
3. Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; City of Chowchilla Page 1-4
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b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project. (Applies when fees are imposed on a specific project.)
Each of those requirements is discussed in more detail below.
Identifying the Purpose of the Fees. The broad purpose of impact fees is to protect public health, safety and general welfare by providing for adequate public facilities. The specific purpose of the fees calculated in this study is to fund construction of certain capital improvements that will be needed to mitigate the impacts of planned new development on City facilities, and to maintain an acceptable level of public services as the City grows.
This report recommends that findings regarding the purpose of an impact fee should define the purpose broadly, as providing for the funding of adequate public facilities to serve additional development.
Identifying the Use of the Fees. According to Section 66001, if a fee is used to finance public facilities, those facilities must be identified. A capital improvement plan may be used for that purpose but is not mandatory if the facilities are identified in a General Plan, a Specific Plan, or in other public documents. In this case, we recommend that the City Council adopt this report as the public document that identifies the facilities to be funded by the fees.
Reasonable Relationship Requirement. As discussed above, Section 66001 requires that, for fees subject to its provisions, a "reasonable relationship" must be demonstrated between:
1. the use of the fee and the type of development on which it is imposed;
2. the need for a public facility and the type of development on which a fee is imposed; and,
3. the amount of the fee and the facility cost attributable to the development on which the fee is imposed.
These three reasonable relationship requirements, as defined in the statute, mirror the nexus and proportionality requirements often cited in court decisions as the standard for defensible impact fees. The term “dual rational nexus” is often used to characterize the standard used by courts in evaluating the legitimacy of impact fees. The “duality” of the nexus refers to (1) an impact or need created by a development project subject to impact fees, and (2) a benefit to the project from the expenditure of the fees.
Although proportionality is reasonably implied in the dual rational nexus formulation, it was explicitly required by the Supreme Court in the Dolan case, and we prefer to list it as the third element of a complete nexus.
Development Agreements and Reimbursement Agreements. The requirements of the Mitigation Fee Act do not apply to fees collected under development agreements (see Govt. Code Section City of Chowchilla Page 1-5
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66000) or reimbursement agreements (see Govt. Code Section 66003). The same is true of fees in lieu of park land dedication imposed under the Quimby Act (see Govt. Code Section 66477).
Existing Deficiencies. In 2006, Section 66001(g) was added to the Mitigation Fee Act (by AB 2751) to clarify that impact fees “shall not include costs attributable to existing deficiencies in public facilities,…” The legislature’s intent in adopting this amendment, as stated in the bill, was to codify the holdings of Bixel v. City of Los Angeles (1989), Rohn v. City of Visalia (1989), and Shapell Industries Inc. v. Governing Board (1991).
That amendment does not appear to be a substantive change. It is widely understood that other provisions of law make it improper for impact fees to include costs for correcting existing deficiencies.
However, Section 66001(g) also states that impact fees “may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan.” (Emphasis added.) Impact Fees for Existing Facilities. Impact fees may be used to recover costs for existing facilities to the extent that those facilities are needed to serve additional development and have the capacity to do so. In other words, it must be possible to show that fees used to pay for existing facilities meet the need and benefit elements of the nexus.
The Quimby Act. The Quimby Act (Government Code Section 66477), which pre-dates the Mitigation Fee Act, authorizes a city or county to require dedication of land, payment of fees inlieu of dedication, or a combination of both, for park and recreational purposes as a condition of approval of a residential subdivision. The city or county must adopt an ordinance that includes definite standards for determining the proportion of the subdivision to be dedicated and the amount of the in-lieu fees to be paid.
Under the Quimby Act, land dedication and in-lieu fee requirements are based on the ratio of park acres to population in the jurisdiction. That ratio may not exceed three acres per thousand residents unless the existing ratio is higher, but is limited to five acres per thousand. The population added by the subdivision is determined by the number of dwelling units and the average number of persons per household.
The population and average number of persons per household in the city or county are to be based on the most recent federal census. Park acreage is to be based on the area of neighborhood and community parks in the city or county at the time of that census.
The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. A 2013 amendment to the Quimby Act added a provision that in-lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision paying the fees is located, if certain conditions are met (see paragraph (a)(3)(B) of Section 66477). “Neighborhood” is not defined in the statute.
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The Quimby Act requires that the legislative body adopt a general plan or specific plan containing policies and standards for parks and recreational facilities, and that the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivision.
The Quimby Act provides that if park and recreational services and facilities are provided by a public agency other than a city or county, the amount and location of park land to be dedicated or fees to be paid shall be jointly determined by that other public agency and the city or county having jurisdiction. The land or fees shall be conveyed directly to the public agency that provides park and recreational services on a communitywide level if that agency elects to accept the land or fee.
Only payment of fees may be required for subdivisions containing 50 units or less, or for condominium, stock cooperative or community apartment projects.
Recent Legislation
Several new laws enacted by the State of California in 2019 to facilitate development of affordable housing will affect the implementation of in-lieu fees and impact fees calculated in this study. Below are brief overviews of some key bills passed in 2019.
SB 330 – The Housing Crisis Act of 2019. Amendments to existing law contained in SB 330 prohibit the imposition of new approval requirements on a housing development project once a preliminary application has been submitted. That provision applies to increases in impact fees and in-lieu fees, except when the resolution or ordinance establishing the fee authorizes automatic, inflationary adjustments to the fee or exaction.
AB 1483 – Housing Data: Collection and Reporting. AB 1483 requires that a city, county orspecial districts must post on its website a current schedule of its fees and exactions, as well as associated nexus studies and annual reports. Updates must be posted within 30 days.
SB 13 – Accessory Dwelling Units. SB 13 prohibits the imposition of impact fees on accessory dwelling units (ADUs) smaller than 750 square feet and provides that impact fees for ADUs of 750 square feet or more must be proportional to the square footage of the primary dwelling unit. The proportionality requirement means that impact fees for ADUs of 750 square feet or more must be calculated on a case-by-case basis during the approval process.
Existing law requires a water or sewer connection fee or capacity charge for an accessory dwelling unit requiring a new or separate utility connection to be based on either the accessory dwelling unit’s size or the number of its plumbing fixtures. SB 13 revises the basis for calculating the connection fee or capacity charge to either the accessory dwelling unit’s square feet or the number of its drainage fixture units.
AB 602 – Amendments to the Planning and Land Use Law and the Mitigation Fee Act. AB 602, which was passed and signed in 2021, adds section 65940.1 to the Planning and Land Use Law requiring cities, counties and special districts that have internet websites to post schedules of City of Chowchilla Page 1-7
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fees, exactions and affordability requirements, annual fee reports, and an archive of nexus studies on that website, and to update that information within 30 days after any changes.
AB 602 also adds Section 66016.5 to the Mitigation Fee Act imposing several new requirements for impact fees that go into effect on January 1, 2022, including:
▪ A nexus study must identify the existing level of service for each facility, identify the proposed new level of service (if any), and explain why the new level of service is appropriate.
▪ If a nexus study supports an increase in an existing fee the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of the fees collected under the original fee.
▪ Large jurisdictions (counties over 250,000 and cities within those counties) must adopt a capital improvement plan as part of the nexus study.
▪ All impact fee nexus studies shall be adopted at a public hearing with at least 30 days’ notice, and the local agency shall notify any member of the public that requests notice of intent to begin and impact fee nexus study of the date of the hearing. ▪ Nexus studies shall be updated at least every eight years, from the period beginning on January 1, 2022.
▪ A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units in the development. A nexus study is not required to comply with this requirement if the local agency makes certain findings specified in the law. A local agency that imposes a fee proportionately to the square footage of units in the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development.
▪ Authorizes any member of the public, including an applicant for a development project, to submit evidence that impact fees proposed by an agency fail to comply with the Mitigation Fee Act, and requires the legislative body of the agency to consider such evidence and adjust the proposed fee if deemed necessary.
SB 9, the California Housing Opportunity and More Efficiency (“HOME”) Act. SB 9 facilitates the subdivision of existing residential lots and allows for ministerial approval (without discretionary review or hearings) of no more than two dwelling units, including duplexes, on parcels zoned for single-family dwellings if the property satisfies certain requirements. To qualify under SB 9 the property must be located within either an urbanized area or urban cluster, as designated by the United States Census Bureau, or for unincorporated areas, within the boundaries of an urbanized area or urban cluster.
The law allows for qualifying lot splits to be approved ministerially upon meeting certain requirements.
Each parcel may not be smaller than forty (40%) percent of the original parcel size and each parcel must be at least one thousand two hundred (1,200) square feet in size unless permitted by local ordinance. The parcel must be limited to residential use.
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The law does not allow demolition or alteration of certain types of dwellings, including: (a) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to affordable levels; (b) housing subject to rent control; (c) housing that has been tenant-occupied in the last three years; or (d) housing located in a historic district. In addition, the proposed development may not demolish more than 25% of the exterior structural walls of an existing unit, unless expressly permitted by a local ordinance.
A local agency may impose objective zoning standards, subdivision standards, and design standards unless they would preclude either of the two units from being at least 800 square feet in floor area.
No setback may be required for an existing structure, or a structure constructed in the same location and dimensions as an existing structure. Otherwise, a local agency may require a setback of up to four feet from the side and rear lot lines. Off-street parking of up to one space per unit may be required by the local agency, unless the project is located within a half-mile walking distance of a high-quality transit corridor or a major transit stop, or if there is a car share vehicle within one block of the parcel. If a local agency makes a written finding that a project would create a specific, adverse impact upon public health and safety or the environment without a feasible way to mitigate such impact, the agency still may deny the project.
It is impossible to predict how much SB 9 will affect the number of future residential units constructed in the City. Unlike recent laws dealing with accessory dwelling units, SB 9 does not address the imposition of impact fees on the new dwelling units it allows, and it appears at this point that such units would be subject to the same impact fees as other new residential development.
Impact Fee Calculation Methodology
Any one of several legitimate methods may be used to calculate impact fees. The choice of a particular method depends primarily on the service characteristics of, and planning requirements for, the facility type being addressed. Each method has advantages and disadvantages in a particular situation. To some extent they are interchangeable, because they all allocate facility costs in proportion to the needs created by development.
Allocating facility costs to various types and amounts of development is central to all methods of impact fee calculation. Costs are allocated by means of formulas that quantify the relationship between development and the need for facilities. In a cost allocation formula, the impact of development is measured by some attribute of development such as added population or added vehicle trips that represent the impacts created by different types and amounts of development.
Plan-Based or Improvements-Driven Method. Plan-based impact fee calculations are based on the relationship between a specified set of improvements and a specified increment of development. The improvements are typically identified in a facility plan, while the development is identified in a land use plan that forecasts potential development by type and quantity.
Using this method, facility costs are allocated to various categories of development in proportion to the service demand created by each type of development. To calculate plan-based impact fees, it is necessary to determine what facilities will be needed to serve a particular increment of new development.
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With this method, the total cost of eligible facilities is divided by total units of additional demand to calculate a cost per unit of demand (e.g. a cost per capita for parks). Then, the cost per unit of demand is multiplied by factors representing the demand per unit of development (e.g. population per unit) to arrive at a cost per unit of development.
This method is somewhat inflexible in that it is based on the relationship between a specific facility plan and a specific land use plan. If either plan changes significantly the fees will have to be recalculated.
Capacity-Based or Consumption-Driven Method. This method calculates a cost per unit of capacity based on the relationship between total cost and total capacity of a system. It can be applied to any type of development, provided the capacity required to serve each increment of development can be estimated and the facility has adequate capacity available to serve the development. Since the cost per unit of demand does not depend on the particular type or quantity of development to be served, this method is flexible with respect to changing development plans.
In this method, the cost of unused capacity is not allocated to development. Capacity-based fees are most commonly used for water and wastewater systems, where the cost of a system component is divided by the capacity of that component to derive a unit cost. However, a similar analysis can be applied to other types of facilities. To produce a schedule of impact fees based on standardized units of development (e.g. dwelling units or square feet of non-residential building area), the cost per unit of capacity is multiplied by the amount of capacity required to serve a typical unit of development in each of several land use categories.
Standard-Based or Incremental Expansion Method. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development. The standard can be established as a matter of policy or it can be based on the level of service being provided to existing development in the study area.
Using the standard-based method, costs are defined on a generic unit-cost basis and then applied to development according to a standard that sets the number of service units to be provided for each unit of development.
Park in-lieu and impact fees are commonly calculated this way. The level of service standard for parks is typically stated in terms of acres of parks per thousand residents. A cost-per-acre for park land or park improvements can usually be estimated without knowing the exact size or location of a particular park. The ratio of park acreage to population and the cost per acre for parks is used to calculate a cost per capita. The cost per capita can then be converted into a cost per unit of development based on the average population per dwelling unit for various types of residential development.
Facilities Addressed in this Study
Impact/in-lieu fees for the following types of facilities are addressed in this report:
▪ Park Land and Park Improvements
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▪ Fire Protection Facilities
▪ Police Facilities
▪ Street Improvements
▪ Traffic Signals
▪ Public Buildings
▪ Community and Recreation Centers
▪ Storm Drainage System
▪ Water System
▪ Sewer System
Each of those facilities is addressed in a separate chapter of this report, beginning with Chapter
3. Chapter 2 contains data on existing and future development used in the impact fee analysis.
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Chapter 2. Development Data
This chapter presents data on existing and future development that will be used to calculate impact fees in subsequent chapters of this report.
The information in this chapter may be used to establish levels of service, analyze facility needs, and/or allocate the cost of capital facilities between existing and future development and among various types of new development.
Land use and development data in this chapter are based on data published by the U.S. Census Bureau American Community Survey, the California Department of Finance Demographic Research Unit, the City of Chowchilla 2040 General Plan and other sources noted in this chapter.
Setting
Chowchilla is located in southwestern Madera County near the junction of U. S. Highway 99 and State Route 152, approximately 20 miles southeast of Merced and 40 miles northwest of Fresno.
Chowchilla and Madera are the two incorporated cities in Madera County.
Study Area and Time Frame
The study area for the impact fee analysis is the Planning Area defined in Figure LU-1 in the General Plan Land Use Element. However, the future development identified in this chapter includes only that development that is expected to occur by 2040. See the Existing and Future Development section later in this chapter for more detail.
The timeframe for this study extends from the present time to buildout of the future development identified in this chapter. The time required for buildout will depend on the rate at which development occurs, and although future development projected in this chapter is projected to occur by 2040, the impact fee calculations do not depend on the rate or timing of development.
Development Types
The development types used in this study are listed below. ▪ Residential, Single-Family
▪ Residential, Multi-Family
▪ Retail/Service Commercial
▪ Professional Office
▪ Industrial
▪ Public Facilities/Institutions
Residential, Single-Family. Single-Family Residential includes development in the General Plan Low-Density Residential and Medium-Density Residential land use designations.
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Residential, Multi-Family. Multi-Family Residential development includes development in the General Plan Medium-High Density and High-Density land use categories.
Retail/Service Commercial. Retail/Service Commercial includes development in the Downtown Commercial, Neighborhood Commercial, Service Commercial, Service Commercial-Highway, and commercial development in Mixed-Use land use categories.
Professional Office. The only General Plan land use category specifically addressing office uses is the Medical Arts category, which is intended to allow for medical offices near residential development. Other types of office uses are allowed in all commercial zones.
Industrial. Industrial development includes the General Plan Light Industrial and Heavy Industrial categories.
Public Facilities/Institutions. For purposes of the impact fee calculations, this category includes some, but not all uses allowed in the General Plan Public Facilities category. Uses such as government buildings, schools, libraries, fairgrounds and similar public or quasi-public uses have an impact on the need for some of the facilities and improvements covered by impact fees in this study, including street improvements and police and fire facilities. Other public facilities such as parks, cemeteries, and storm drainage basins create little or no demand for the facilities covered by impact fees and need not be accounted for in this study.
Other Development Types. Certain types of development, such as churches, hospitals and charter schools, do not fall under any of the categories listed above. These developments are not legally exempt from impact fees, but no fee is calculated in this study for such uses. Fees for such developments can be calculated on an individual basis by considering factors such as peak hour trips or police and fire calls that will be generated by a proposed project and applying those factors to the cost per call or cost per trip shown in each impact fee chapter in this report.
Residential Development and Population
The chart on the next page shows the California Department of Finance (DOF) official January 1 population estimates for the City of Chowchilla for the years from 2012 through 2019 plus the official Census count for 2020 and estimates by NBS for 2021 and 2022 based on the 2020 Census population.
It is important to note that the official DOF population estimates for Chowchilla include inmates at the two state prisons located in the City. Those inmates are classified as population in group quarters and do not directly impact the need for City facilities. The impact fee analysis in this study excludes population in group quarters and uses only household population in assessing the impacts of development on City facilities. DOF estimated that Chowchilla’s January 1, 2021 population in group quarters at 4,825, so it more than one-quarter of the City’s total population.
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This population chart shows some fluctuations in the DOF estimates between 2012 and 2016 from year to year. The reasons for that fluctuation are not clear, but they may be caused by changes in the inmate population.
The most reliable data point for
our purposes is the 2020
population which is from the 2020
Census. NBS has estimated the
2021 and 2022 population figures
based on the 2020 Census
population and the City’s recent
growth rate.
According to the official 2010 and
2020 Census population counts,
Chowchilla has grown a total of
2.56% from 18,720 in 2010 to
19,200 in 2020.
This study uses data from the U. S. Census Bureau’s 2019 American Community Survey 5-year estimates to calculate the population per dwelling unit factors for each category of residential development defined in this study. Those factors are shown in Table 2.1.
Units of Development
In this study, quantities of existing and planned development are measured in terms of certain units of development. Those units are discussed below.
Dwelling Units. The dwelling unit (DU) is the most commonly used measure of residential development and is the standard unit for residential development in this study.
Building Area. For non-residential development, gross building area in thousands of square feet (KSF) is used as the standard unit of development.
Demand Variables
In calculating impact fees, the relationship between facility needs and development must be quantified in cost allocation formulas. Certain measurable attributes of development (e.g., population and vehicle trip generation) are used in those formulas to reflect the impact of different types and amounts of development on the demand for specific public services and the facilities that support those services.
Those attributes are referred to in this study as “demand variables.” Demand variables are selected either because they directly measure service demand created by various types of development, or because they are reasonably correlated with that demand.
For example, the service standard for parks in a community is typically defined as a ratio of park acreage to population. As population grows, more parks are needed to maintain the desired 0 4,000
8,000
12,000
16,000
20,000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Population
Year
Chowchilla Population
2012-2022
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standard. Logically, then, population is an appropriate yardstick or demand variable for measuring the impacts of development on the need for additional parks.
Similarly, the need for capacity in a street system depends on the volume of traffic the system must handle. So, the vehicle trip generation rate (the number of vehicle trips generated by each unit of development per day) is an appropriate demand variable to represent the impact of development on the street system.
Each demand variable has a specific value for each type of development. Those values may be referred to as demand factors. For example, in this study, P.M. peak hour trip volume is used as the demand factor for calculating impact fees for streets. The Institute of Transportation Engineers (ITE) Trip Generation manual (10th Edition) estimates that one single-family detached dwelling unit generates an average of 0.99 vehicle trips each weekday P.M. peak hour, so that number is used as the demand factor in calculating street improvement impact fees for singlefamily residential units.
Specific demand variables used in this study are discussed below. The values of demand factors used in this report are shown in Table 2.1 on page 2-5.
Population. Resident population is used as a demand variable to calculate impact fees for facilities like parks that are intended to serve residents of the City. Resident population is tied to residential development, so this variable reflects no demand from non-residential development.
Service Population. Population alone does not represent all of the impacts of development on facilities that serve both residential and non-residential development. A variable called service population is commonly used to represent the impact of development on facilities such as general government buildings that are impacted by both residential and non-residential development. Service population is used for that purpose in this study.
Service population is a composite variable that includes both residents of the City and employees of businesses in Chowchilla. Resident population is included to represent the impacts of residential development and employees of business in the City are included to represent the impacts of non-residential uses, such as commercial, office and industrial development.
Because the impact of one new resident is not necessarily the same as the impact of one new employee, various components of the service population are weighted to reflect their relative impacts on demand for certain types of facilities.
Service population is intended to approximate the number of people creating a demand for service on an average day. It is difficult to estimate that number precisely for several reasons.
Some residents work in the City, some residents commute to work outside the City, and some residents don’t work at paid jobs. Non-residents may be present in the City for work, shopping, recreation, or any number of other reasons.
In this study, a base weight of 1.0 would represent a resident who remains in the City at all times.
However, since that would not be a realistic assumption for most residents, the weighting of resident population is adjusted to reflect the fact that some people commute out of the City to City of Chowchilla Page 2-5
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work, and many residents are likely to leave the City at times for shopping, recreation, or other reasons.
Our estimate of the average number of hours per week that residents spend in the City is based in part on an analysis of Census Bureau data on how many residents work in the city, how many commute to work outside the. We also assume the average resident spends eight hours a week outside the City for activities like shopping and recreation.
Census Bureau American Community Survey (ACS) data for 2019 (the most recent available year) show that 49.6% of Chowchilla residents between ages 16 and 64 are employed. That number is relatively low, most likely because the City’s total population includes inmates in State prisons who are not counted as employed. ACS data also indicate that about 65% of employed residents work outside the City.
Assuming that out-commuters spend 47.5 hours a week (9.5 hours per day) outside the City for work and commuting and that all residents spend an average of eight hours a week outside the City for shopping and recreation leads us to the conclusion that out-commuters spend an average of 112.5 (168 – 47.5 - 8 = 112.5) hours per week in the City. Assuming other residents spend 160 (168 – 8 = 160) hours per week in the City, the weighted average for all residents is 158.6 hours per week in the City. Dividing that number by 168 hours per week gives us a weight of 0.88452 for all residents (population) of the City.
Service population weights for employees associated with different types of development are based on estimates of the number of hours per week businesses of a certain type are in operation. This study assumes that retail and service commercial businesses operate 12 hours a day, 7 days a week (84 hours). For professional offices and public facilities, that number is estimated to be 45 hours (9 hours a day, 5 days a week), and for industrial uses, 48 hours (8 hours a day, 6 days a week). The weights assigned to employees of businesses associated with various types of non-residential development are based on the hours per week of operation divided by 168 total hours per week.
Finally, for simplicity, all of the service population weights are normalized by dividing them by
0.88542 so that the final population weight equals 1.0 (0.88542 / 0.88542 = 1.0) and weights for each of the non-residential components are increased proportionately. The service population weights used in this study are shown in Table 2.0 and the service population per unit factors are shown in Table 2.1.
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Peak Hour Trips. The impact of development on the City’s street system is measured in this study by the number of weekday peak hour vehicle trips (PHT) generated by development. In this study, PHT is used to measure the impact of development on the City’s street system, including roadways, intersections, bridges and traffic signals. The PHT rates used in this study are for the p.m. peak hour of the adjacent street and are taken from the Institute of Transportation Engineers (ITE) publication, Trip Generation, 10th edition. The peak hour trip factors for each type of development defined in this study are shown in Table 2.1.
Police and Fire Calls for Service. The impact of development on the City’s police and fire facilities is measured by the number of calls for service per unit per year by development type. Those callsfor-service-per-unit factors are normally calculated using a random sample of calls for service for a one-year period to determine the distribution of calls by development type. Then the number of calls per year for each type of development is divided by the number of existing units for that type of development to arrive at calls per unit per year. In this study, police calls-for-service factors were analyzed using a random sample, but fire calls for service were analyzed for an entire year because the number was smaller than the sample size normally used for that that analysis.
The police and fire calls for service factors for each type of development defined in this study are shown in Table 2.1.
Note on Impact Fees for Accessory Dwelling Units (ADUs). Recent amendments to Section 65852.2 of the Government Code provide that impact fees may not be imposed on ADUs smaller than 750 square feet. It also establishes the following requirement for impact fees imposed on ADUs of 750 square feet or more:
“Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.” Table 2.0: Service Population Weighting
Service Population Hrs per Total Hrs Base Normalized
Component Week 1
per Week Weight 2 Weight 3
Residents 148.6 168.0 0.88452 1.000
Retail/Service Comm Employees 84.0 168.0 0.50000 0.565
Professional Office Employees 45.0 168.0 0.26786 0.303
Skilled Nursing Facility 168.0 168.0 1.00000 1.131
Industrial Employees 48.0 168.0 0.28571 0.323
Public Facilities Employees 45.0 168.0 0.26786 0.303
1 For residents, average hours per week in the City; for employees, hours of business operation per week; see discussion in text
2 Base weight = hours of operation per week / total hours per week 3 Normalized weight = Base weight / 0.88452 so that normalized resident weight = 1.0
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Although it is not spelled out in Section 65852.2, we think it is obvious that when calculating ADU impact fees in cases where the primary unit is a single-family detached unit, the starting point for the proportionality calculation is the fee that applies to the single-family unit. The law also allows for ADUs on lots or parcels where the primary unit is a multi-family unit. In that situation, it seems logical that the ADU impact fee should be proportional to the impact fee that applies to the multi-family unit, but we think ADUs within multi-family developments are likely to be rare and we don’t address them further.
The formula for calculating proportional ADU impact fees would be:
Primary unit impact fee X (ADU square feet / Primary unit square feet) One thing that becomes obvious in that formula is that, for an ADU of a particular size, a larger primary unit results in lower impact fees for the ADU.
For example, if the ADU is 1,000 square feet and the primary unit is 2,000 square feet, the proportional impact fee for the ADU would be 50% of the impact fee that would apply to the primary unit. But if the primary unit is 1,200 square feet, the impact fee for the same-sized ADU would be 83.33% of the primary unit fee.
It seems likely that discrepancy is an unintended consequence of language in Section 65852.2 that was not thoroughly considered before adoption. It is also worth noting that for impact fee studies adopted after July 1, 2022, AB 602 requires that impact fees for all types of residential units must be proportionate to the square footage of a unit. Impact fees based on square footage will tend to reduce the inequity created by the proportionality language of Section 65852.2 because the fees that apply to a smaller primary unit would be less than the fees that apply to a larger primary unit. However, it may be a number of years before most cities in California adopt residential impact fees based on square footage. The City could attempt to minimize the inequities created by the ADU impact fee proportionality requirement in Section 65852.2 by adopting a policy setting a lower limit on the primary unit square footage used to calculate impact fees for ADUs.
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Existing and Future Development
Tables 2.2 through 2.4 on the following pages present data on existing and future development in the City of Chowchilla. Data from those tables will be used throughout this report. Table 2.2 shows existing development as of January 2022.
The City’s estimated vacancy rate in 2021 was 8.7%. The relationship between residential units and population in the following tables assumes a more normal 5% vacancy rate.
Table 2.1: Demand Factors
Development
Type
Unit
Type 1
Population
per Unit 2
Employees
per Unit 3
Svc Pop
per Unit 4
Pk Hr Trips
per Unit 5
Police Calls
per Unit 6
Fire Calls
per Unit 7
Residential, Single-Family DU 3.20 3.20 0.99 3.25 0.073 Residential, Multi-Family DU 2.40 2.40 0.56 2.56 0.058
Retail/Service Commercial KSF 2.20 1.24 3.81 19.15 0.153 Professional Office KSF 3.30 1.00 1.15 4.40 0.047
Skilled Nursing Facility Bed 0.95 1.07 0.22 1.31 0.030
Industrial KSF 1.10 0.36 0.53 0.66 0.034
Public Facilities/Institutions KSF 3.30 1.00 0.94 20.19 0.172 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area; room = guest room or suite 2 Average household population per unit based on analysis of data from U. S. Census Bureau, 2019 American Community Survey (2019, 5-Year Estimate), Tables B25032 and B25033; factors adjusted for consistency with Department of Finance 2021 population estimates 3 Employees per unit estimated by NBS using data from multiple sources including a 2001 employment density study by the Natelson Co. for the Southern California Association of Governments (SCAG) and a summary of Census Bureau data from ESRI
4 Service population per unit; see the discussion of service population weighting in the text 5 Peak hour trips per unit based on p.m. peak hour trip generation rates for the adjacent street from the Institute of Transportation Engineers (ITE) manual, Trip Generation , 10th Edition 6 Police calls for service per unit per year; see discussion in text 7 Fire calls for service per unit per year; see discussion in text City of Chowchilla Page 2-9
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Table 2.3 presents a forecast of future development in the City. The numbers in this table represent the difference between existing development in Table 2.2 and buildout development in Table 2.4.
Table 2.2: Existing Development January 1, 2022 - City of Chowchilla Development
Type
Dev
Acres 1
Unit
Type 2
No. of
Units 3
Population 4Employees
5 Service
Pop 6
Pk Hour
Trips 7
PD Calls
per Year 8
Fire Calls
per Year 9
Residential, Single-Family 995 DU 3,604 10,956 10,956 3,568 11,719 262 Residential, Multi-Family 91 DU 906 2,066 2,066 507 2,320 53 Subtotal Residential 1,086 4,510 13,022 13,022 4,075 14,039 315 Retail/Service Commercial 60 KSF 489 1,075 1,337 1,862 9,359 75 Professional Office 7 KSF 64 210 210 73 280 3
Skilled Nursing Facilities 8 Bed 132 125 142 29 240 6
Industrial 62 KSF 844 928 330 447 560 29
Public Facilities/Institutions 19 KSF 162 536 536 153 3,280 28 Subtotal Non-residential 156 2,874 2,554 2,564 13,719 141 Totals 1,242 13,022 2,874 15,576 6,639 27,758 456
1 Existing developed acres estimated based on existing units of development 2 DU = dwelling unit; KSF = 1,000 gross sq ft of building area; Bed = patient bed 3 Number of existing residential units based on the January 2021 CA Department of Finance E-5 report adjusted to 2022; existing non-residential units estimated using ESRI Business Summary employee data and employee density factors from Table 2.1
4 Existing household population adjusted to vacancy rate of 5% = existing residential units X 0.95 X population per unit from Table 2.1; Department of Finance January 2021 household population estimate = 12,505; see the discussion of vacancy rate adjustment in text
5 Existing employees = estimated by NBS based on data from ESRI 2021 Business Summary for the City; employees in Public Facilities/Institutions excludes staff at the two prisons in Chowchilla 6 Existing service population = existing units X service population per unit from Table 2.1 7 Existing peak hour trips = existing units X peak hour trips per unit from Table 2.1 8 Existing police calls per year based on analysis of a random sample of calls for service for FY 2020-21 9 Existing fire calls per year based on analysis of all calls for service for CY 2020 City of Chowchilla Page 2-10
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Table 2.4 shows development in the City projected to 2040, based on population growth projections from the Housing Element of the Chowchilla General Plan. Projections of future residential units reflect a General Plan assumption that 70% of residential units in the City in 2040 will be single-family detached units, down from about 80% in 2022. Non-residential development is projected on the basis of maintaining the overall 2022 jobs per dwelling unit ratio, as well as the percentage of jobs in each non-residential development category.
Table 2.3: Added Development to 2040 - City of Chowchilla Planning Area Development
Type
Dev
Acres
Unit
Type
No. of
Units
Population Employees Service
Pop
Pk Hour
Trips
PD Calls
per Year 8
Fire Calls
per Year
Residential, Single-Family 750 DU 4,248 12,914 14,170 4,206 13,813 309 Residential, Multi-Family 374 DU 3,581 8,164 8,703 2,005 9,170 209 Subtotal Residential 1,124 7,829 21,078 22,873 6,211 22,983 518 Retail/Service Commercial 65 KSF 873 1,920 2,387 3,325 16,713 134 Professional Office 7 KSF 119 394 393 137 525 6
Skilled Nursing Facilities 13 Bed 214 203 229 47 213 4
Industrial 91 KSF 1,489 1,638 582 789 988 51
Public Facilities/Institutions 15 KSF 282 930 930 265 5,692 49 Subtotal Non-residential 191 5,085 4,522 4,563 24,132 244 Totals 1,315 21,078 5,085 27,395 10,774 47,115 762
Note: the numbers in Table 2.3 represent the difference between 2040 development in Table 2.4 and existing development in Table 2.2
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Growth Potential
The numbers in the foregoing tables indicate that all measures of development in Chowchilla could more than double between 2021 and 2040. However, the impact fee calculations in this report do not depend on whether development occurs at a particular rate, or whether the amount of future development projected in the report occurs by 2040.
The fees calculated in subsequent chapters of this report are intended to pay for the capital facilities needed to serve the additional demand created by future development forecasted in this chapter, whenever it occurs.
Table 2.4: Total 2040 Development - City of Chowchilla Planning Area Development
Type
Dev
Acres 1
Unit
Type 2
No. of
Units 3
Population 4Employees
5 Service
Pop 6
Pk Hour
Trips 7
PD Calls
per Year 8
Fire Calls
per Year 8
Residential, Single-Family 1,745 DU 7,852 23,870 25,126 7,773 25,532 571 Residential, Multi-Family 374 DU 4,487 10,230 10,769 2,513 11,490 262 Subtotal Residential 2,119 12,339 34,100 35,895 10,286 37,022 833 Retail/Service Commercial 125 KSF 1,361 2,995 3,724 5,186 26,072 209 Professional Office 14 KSF 183 604 603 210 805 9
Skilled Nursing Facilities 21 Bed 346 328 371 76 453 10 Industrial 153 KSF 2,333 2,566 912 1,236 1,548 80
Public Facilities/Institutions 34 KSF 444 1,466 1,465 418 8,972 77 Subtotal Non-residential 347 7,959 7,076 7,127 37,851 385 Totals 2,466 34,100 7,959 42,971 17,413 74,873 1,218
1 2040 developed acres estimated based on projected 2040 units of development and residential densities and non-residential floor area ratios
2 DU = dwelling unit; KSF = 1,000 gross sq ft of building area; Bed = patient bed 3 2040 units estimated by NBS using data inputs from the General Plan 4 2040 population = residential units X population per unit from Table 2.1 5 2040 employees = non-residential units X employees per unit from Table 2.1 6 2040 service population = 2040 units X service pop. per unit from Table 2.1 7 2040 peak hour trips = 2040 units X peak hour trips per unit from Table 2.1 8 2040 police calls per year = 2040 units X calls per unit per year from Table 2.1 9 2040 fire calls per year = 2040 units X calls per unit per year from Table 2.1 City of Chowchilla Page 3-1
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Chapter 3. Park Land and Park Improvements
This chapter calculates three types of park development fees, all of which apply only to residential development. Two of those fees are for park land acquisition. One applies to subdivisions, and the other applies to projects that do not involve a subdivision. Only one of the two land acquisition fees would apply to any one development project. The third fee funds park improvements and park maintenance vehicles and equipment. That fee, in addition to one of the two park land acquisition fees, applies to all residential development projects.
In-Lieu Fees and Impact Fees for Park Land Acquisition
The type of fee that may be imposed on a development project for park land acquisition depends on whether that project involves a subdivision of land.
Projects Involving a Subdivision or Parcel Map. Residential subdivisions and parcel maps are subject to the Quimby Act (Govt. Code Section 66477) which is part of the Subdivision Map Act.
The Quimby Act authorizes cities and counties in California to require subdividers to dedicate land for parks or pay fees in lieu of dedication. As detailed below, the Quimby in-lieu fees are subject to different standards and limitations than park impact fees imposed under the Mitigation Fee Act.
The Chowchilla Park Master Plan contains a statement that in-lieu fees “should be based on a formula that considers both land acquisition and construction costs.” That statement is inconsistent with the intent of an in-lieu fee. A fee in lieu of park land dedication should be based on the value of the land that would otherwise be dedicated. Such a fee should not include construction costs. In this study, park improvement costs are covered by a separate impact fee.
The City’s existing Quimby Act ordinance bases dedication and in-lieu fee acreage requirements on the density (units per acre) of a development project rather than its population. There is no way to compare the effect of that density formula with the acres-per-1,000 population standards contained in the Quimby Act.
The Quimby in-lieu fees calculated in this chapter are standardized fees based on an estimated average cost per acre for park land in the City. We propose these fees as an alternative to the approach embodied in the City’s existing Quimby Act ordinance. The City may choose not to implement the proposed in-lieu fees.
Projects Not Involving a Subdivision or Parcel Map. Residential development projects not involving a subdivision or parcel map are not subject to the Quimby Act but may instead be required to pay impact fees for park land acquisition as calculated in this chapter. Impact fees for park land acquisition are governed by the Mitigation Fee Act (Govt. Code Sections 66000 et seq.).
Impact Fees for Park Improvements
Since in-lieu fees and impact fees for park land acquisition are based only on the cost of land and do not cover the cost of park improvements, this chapter calculates a separate impact fee for City of Chowchilla Page 3-2
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park improvements. The cost of park maintenance vehicles and equipment is also included in the park improvement impact fees. Impact fees for park improvements are governed by the Mitigation Fee Act.
The Quimby Act
The Quimby Act contains a number of provisions that differ from the requirements for impact fees subject to the Mitigation Fee Act. Under the Quimby Act, a city or county may, by ordinance, “require the dedication of land or impose a requirement for the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition of approval of a tentative map or parcel map….” An ordinance imposing dedication and fee requirements under the Quimby Act must contain “definite standards for determining the proportion of a subdivision to be dedicated and the amount of any fee to be paid in lieu thereof.” Before imposing these requirements, the City must have adopted a general plan or specific plan containing policies and standards for parks and recreation facilities. The dedicated land and/or in-lieu fees “are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision (paying the fees).”
The Quimby Act provides that only in-lieu fees, not land dedication, may be required for subdivisions of less than 50 parcels. For larger projects, the City may choose to require either land dedication or payment of in-lieu fees or a combination of the two. The Quimby Act also specifies the manner in which dedication requirements and in-lieu fees are to be calculated. See the Level of Service section below for additional detail.
Service Area
All park in-lieu fees and impact fees calculated in this chapter are intended to apply to all residential development in the City.
Methodology
This chapter calculates impact fees using the standard-based method discussed in Chapter 1.
Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development. Both in-lieu and impact fees are calculated using per-capita costs discussed later in this chapter.
Demand Variable
A “demand variable” is a quantifiable attribute of development that is used in impact fee calculation formulas to represent the impact of development. The demand variable used to calculate park in-lieu fees and impact fees in this chapter is population.
Population is used here because the need for parks is typically defined in terms of the relationship between park acreage and population. In addition, the Quimby Act specifies that standards for City of Chowchilla Page 3-3
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park land dedication and in-lieu fees must be based on the relationship between park acreage and population.
Population per dwelling unit varies by development type, so the average population per unit is estimated for each type of residential development defined in this study. Those individual population-per-unit factors are shown in Table 2.1 in Chapter 2.
Because added population is associated with residential development, the in-lieu fees and impact fees calculated in this chapter apply only to residential development.
Level of Service
The Open Space and Conservation Element of the Chowchilla General Plan adopts a standard of
3.0 acres per 1,000 population for neighborhood parks and 2.0 acres per 1,000 for community parks. However, those standards exceed the level of service allowed by current California law as explained below.
Quimby Act Standard. Park land dedication requirements and fees in lieu of dedication for residential subdivisions under the Quimby Act may be based on the existing ratio of park acres to population up to a cap of 5,0 acres per 1,000, except that the 3.0 acres per 1,000 standard may be applied if the existing level is lower. Since Chowchilla’s existing level of service, as shown in Table 3.2 is slightly less than that level, Quimby Act park land dedication requirements calculated in this chapter will be based on 3.0 acres per 1,000.
Impact Fee Standard. The level of service used to calculate park improvement impact fees and park land impact fees in this chapter is the existing level of service, defined as the existing ratio of park acres to population.
In 2021, AB 602 added Section 66016.5 to the Mitigation Fee Act. That section requires, after January 1, 2022, that the level of service used in an impact fee study must be compared with the existing level of service. If the level used in the impact fee study exceeds the existing level of service, an explanation is required. We believe that provision would require the City to justify using a level of service higher than the existing level to calculate impact fees. The impact fees calculated in this chapter are based on the existing level of service as shown in Table 3.2 on the next page.
Table 3.1 lists the City’s existing parks and shows both City-owned park acres and acres of improved parks.
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Table 3.2 calculates the existing level of service in terms of acres per capita and acres per 1,000 population for improved park land in the City. The level of service used in this chapter is based on improved park acres, not City-owned acres, because a 2019 decision by the California Court of Appeal in Boatworks, LLC v. City of Alameda found that parks not yet open to the public could not be used as the basis for establishing the existing level of service used to calculate park impact fees.
Level-of-Service Standard for Park Land In-Lieu Fees (Applies to Subdivisions). The Quimby Act provides that park land dedication and in-lieu fee requirements may be based on a minimum ratio of 3.0 acres per 1,000 residents and may be increased up to 5.0 acres per 1,000 to match the existing ratio. Because the City’s existing ratio is below 3.0 acres per 1,000, the standard used to calculate park land acquisition in-lieu fees in this study is 3.0 acres per 1,000 residents.
Level-of-Service Standard for Park Land Impact Fees (Applies to Projects Not Involving a Subdivision of Land). The standard used to calculate park land acquisition impact fees for nonsubdivision projects in this study is the existing ratio of improved park land to population as shown in Table 3.2.
Level-of-Service Standard for Park Improvement Impact Fees (Applies to All Residential Development). The standard used to calculate impact fees for park improvements in this study is the existing ratio of improved park land to population as shown in Table 3.2.
Table 3.1: Existing Parks
Park Park City-Owned Improved
Name Type Park Acres Park Acres
Edward Ray Park Community 24.00 24.00
R. C. Wisener Park Neighborhood 4.50 4.50
Veteran's Memorial Park Neighborhood 2.10 2.10
Legacy Ranch Park Site Neighborhood 6.50 0.00
Total 37.10 30.60
Source: City of Chowchilla General Plan, Open Space and Conservation Element with additional information provided by City staff Table 3.2: Existing Level of Service
Total Improved
Park Acres 1
Existing
Population 2
Improved Acres
per Capita 3
Improved Acres
per 1,000 4
30.60 13,022 0.00235 2.35
1 See Table 3.1
2 See Table 2.2
3 Acres per capita = existing acres / existing population 4 Acres per 1,000 population = acres per capita X 1,000 City of Chowchilla Page 3-5
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Level of Service Standard for Park Maintenance Vehicles and Equipment. The park improvement impact fees also include the cost of park maintenance vehicles and equipment. The standard used to calculate impact fees for park maintenance vehicles and equipment in this study is the existing replacement cost per capita. Table 3.3 lists the City’s existing park maintenance vehicles and equipment less than twenty years old with the estimated replacement cost for each item. Replacement cost is used here to represent the cost of acquiring additional vehicles and equipment needed to maintain additional park acreage as the City grows.
Cost Per Capita
Table 3.4 calculates the existing level of service for park maintenance vehicles and equipment as a cost per capita using the total replacement cost from Table 3.3 and the existing population from Table 2.2.
Table 3.3: Existing Park Maintenance Vehicles & Equipment Description
Model
Year 1
Replacement
Cost 2
9N Tractor, Ford 1959 $ 25,000.00
Chevy Colorado Pick Up Truck 2006 $ 25,000.00
Chevy Silverado 2017 $ 35,000.00
Global Electric Car 2017 $ 20,000.00
Mower, Grasshopper 2017 $ 25,000.00
Chevy Silverado 1500 LD 2019 $ 35,000.00
Chevy Silverado 1500 LD 2019 $ 35,000.00
Dump Trailer 2019 $ 10,000.00
Tractor, Kubota 2020 $ 25,000.00
Backhoe Bucket, Kabuto 2020 $ 10,000.00
Loader Bucket, Kubota 2020 $ 5,000.00
Total $ 250,000.00
1 This table excludes vehicles and equipment over 20 years old 2 Replacement cost estimated by the City of Chowchilla Public Works Department
Table 3.4: Cost per Capita - Vehicles and Equipment
Total Replacement
Cost 1
Existing
Population 2
Cost per
Capita 3
$250,000.00 13,022 $19.20
1 See Table 3.3
2 See Table 2.2
3 Cost per capita = total replacement cost / existing population City of Chowchilla Page 3-6
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Table 3.5 shows per-capita costs for park land in-lieu fees, park land impact fees and park improvement impact fees, based on the acres-per-capita standard for each type of fee and the estimated cost per acre for park land and park improvements. Because different standards are used for park land in-lieu fees for subdivisions and park land impact fees for non-subdivision projects, the cost per capita is calculated separately for those fee components.
In the next section, the per-capita costs from Tables 3.4 and 3.5 are used to calculate in-lieu fees and impact fees per unit of development.
In-Lieu Fees and Impact Fees per Unit
Park Land Acquisition In-Lieu Fees (Subdivisions). Table 3.6 shows the calculation of Quimby Act park land in-lieu fees per unit of development by development type. Those fees are calculated using per-capita costs from Table 3.5 and average population per dwelling unit from Table 2.1.
Park Land Acquisition Impact Fees (Non-Subdivision Projects). Table 3.7 shows the calculation of park land impact fees per unit of development, by development type. Those fees are calculated using per-capita costs from Table 3.5 and average population per dwelling unit from Table 2.1.
Table 3.5: Cost per Capita - Park Land and Park Improvements Fee Type
Acres per
Capita 1
Cost per
Acre2
Cost per
Capita3
Park Land In-Lieu Fees 0.00300 $ 242,000 $ 726.00
Park Land Impact Fees 0.00235 $ 242,000 $ 568.70
Park Improvement Impact Fees 0.00235 $ 500,000 $ 1,175.00 1 Acres per capita for park land in-lieu fees based on 3.0 acres per 1,000 population (0.003 acres per capita) as provided in the Quimby Act; acres per capita for other fees based on the existing level of service; see Table 3.2 2 Park land acquisition cost per acre based on recent sales of residentially zoned parcels in the City; improvement cost per acre estimated by the City 3 Cost per capita = acres per capita X cost per acre
Table 3.6: Quimby Act Park Land In-Lieu Fees per Unit (Subdivisions) Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
In-Lieu Fee
per Unit 4
Residential, Single-Family DU $726.00 3.20 $2,323.20
Residential, Multi-Family DU $726.00 2.40 $1,742.40
1 Units of development: DU = dwelling unit
2 See Table 3.5
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit City of Chowchilla Page 3-7
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Park Improvement Impact Fees (All Residential Development). Table 3.8 shows the calculation of impact fees per unit of development, by development type, for park improvements. The park improvement impact fees also include the cost of park maintenance vehicles and equipment.
The park improvement impact fees are calculated using the combined per-capita costs for park improvements from Table 3.5 and park maintenance vehicles and equipment from Table 3.3.
Projected Revenue
Estimating potential revenue from the park land acquisition in-lieu and impact fees is complicated by the fact that there is no way of accurately forecasting how many future residential units will be in subdivisions, which are subject to the Quimby Act in-lieu fee, and how many will be in non-subdivision projects that pay the park land acquisition impact fee. The revenue projections in Table 3.9 assume that the City will adopt the Quimby Act in-lieu fees calculated in this chapter. Chowchilla currently charges Park land in-lieu fees based on density.
For simplicity, the revenue projected in Table 3.9 assumes that all future single-family detached units will be constructed in subdivisions and that 50% of future multi-family residential units will be townhouses and condominiums that involve subdivisions.
Table 3.7: Park Land Impact Fees per Unit (Non-Subdivision Projects) Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
Impact Fee
per Unit 4
Residential, Single-Family DU $568.70 3.20 $1,819.84
Residential, Multi-Family DU $568.70 2.40 $1,364.88
1 Units of development: DU = dwelling unit
2 See Table 3.5
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit Table 3.8: Park Improvement Impact Fees per Unit
Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
Impact Fee
per Unit 4
Residential, Single-Family DU $1,194.20 3.20 $3,821.43
Residential, Multi-Family DU $1,194.20 2.40 $2,866.08
1 Units of development: DU = dwelling unit
2 Includes combined cost per capita for park improvements and park maintenance vehicles and equipment; see Tables 3.3 and 3.5 3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit City of Chowchilla Page 3-8
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These revenue projections also assume that future development in the City will occur as forecasted in Chapter 2 and that the fees calculated in this chapter will be adjusted periodically to keep pace with changes in costs for park land and improvements.
Table 3.10 shows projected revenue from park land acquisition impact fees. This table assumes that the park land acquisition impact fees will apply to 50% of future multi-family residential units.
Table 3.11 shows projected revenue from park improvement impact fees, including the cost of park maintenance vehicles and equipment.
Table 3.9: Projected Revenue from Park Land In-Lieu Fees Development In-Lieu Fee Future Projected
Type Units 1
per Unit 2Units 3Revenue 4
Residential, Single-Family DU $2,323.20 4,248 $ 9,868,954 Residential, Multi-Family DU $1,742.40 1,791 $ 3,119,767 Total $ 12,988,721
1 Units of development: DU = dwelling unit
2 See Table 3.6
3 See Table 2.3; this table assumes that 100% of new single-family units and 50% of new multi-family units will be constructed in subdivisions 4 Projected revenue = fee per unit X future units
Table 3.10: Projected Revenue from Park Land Impact Fees Development Impact Fee Future Projected
Type Units 1
per Unit 2Units 3Revenue 4
Residential, Single-Family DU $1,819.84 0 $ 0
Residential, Multi-Family DU $1,364.88 1,791 $ 2,443,818 Total $ 2,443,818
1 Units of development: DU = dwelling unit
2 See Table 3.7
3 See Table 2.3; this table assumes that no new single-family units and 50% of new multi-family units will be constructed in non-subdivision projects 4 Projected revenue = fee per unit X future units
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Updating the Fees
The in-lieu fees and impact fees calculated in this chapter are based the current estimated cost of park land and improvements. We recommend that the fees be reviewed annually and adjusted as needed using local cost data or an index such as the Engineering News Record Construction Cost Index (CCI). See the Implementation Chapter for more on indexing of fees.
Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:
Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.
Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.
Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to mitigate the impact of new development on the need for parks in Chowchilla.
Table 3.11: Projected Revenue from Park Improvement Impact Fees Development Impact Fee Future Projected
Type Units 1
per Unit 2Units 3Revenue 4
Residential, Single-Family DU $3,821.43 4,248 $ 16,233,454 Residential, Multi-Family DU $2,866.08 3,581 $ 10,263,418 Total $ 26,496,871
1 Units of development: DU = dwelling unit
2 See Table 3.8
3 See Table 2.3
4 Projected revenue = fee per unit X future units
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Use of the Fee. Impact fees calculated in this chapter will be used to provide additional parks to mitigate the impacts of new development in the City.
As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.
Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to provide additional parks to serve the needs of added population associated with new residential development in Chowchilla.
Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. New residential development increases the need for parksto maintain the existing level of service, as described earlier in this chapter. Without additional parks, the increase in population associated with new residential development would result in a reduction in the level of service provided to all residents of the City.
Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the park impact fees charged to a residential development project will depend on the increase in population associated with that project. The fees per unit of development calculated in this chapter for each type of residential development are based on the estimated average population per unit for that type of development in Chowchilla. Thus, the fee charged to a development project reflects the impact of that project on the need for parks in the City.
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Chapter 4. Fire Facilities
This chapter calculates impact fees for fire protection and emergency response facilities, apparatus and equipment needed to serve future development in the area served by the City of Chowchilla (City). Where the general term “facilities” is used in this chapter, it is intended to include all types of capital assets needed by the City to carry out its mission.
At present, the City operates one fire station. The station is owned by the City has recently been expanded to include sleeping quarters, training space, and extra bays for equipment. The City anticipates that three additional stations will be needed to serve future development at buildout.
Service Area
The service area for impact fees calculated in this chapter is the Planning Area shown in the City of Chowchilla General Plan. Those fees are intended to apply to all future development in the City.
Demand Variable
A “demand variable” is a quantifiable attribute of development that is used in fee calculation formulas to represent the impact of development on a certain type of capital facilities. The demand variable used to calculate impact fees for fire facilities in this report is calls for service per year.
As part of this study, NBS analyzed the 456 Fire Department calls for service logged by the City in calendar year 2020 to estimate the number of calls per unit per year generated by each type of development defined in this study. Table 2.1 in Chapter 2 shows the calls per unit per year factors derived from that analysis. Those factors are used to calculate impact fees per unit later in this chapter.
Methodology
This chapter calculates impact fees using the standard-based method discussed in Chapter
1. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development.
Level of Service
In this case, the standard used to calculate impact fees is the existing level of service, defined as the replacement cost of existing fire protection facilities, apparatus and equipment divided by the total 2020 calls for service to get a cost per call for service per year.
In 2021, AB 602 added Section 66016.5 to the Mitigation Fee Act. Among other things, after January 1, 2022, that section requires that if the level of service used in an impact fee study exceeds the existing level of service, the higher level of service must be justified. Using the existing level of service as the basis for the impact fees calculated in this chapter is consistent with the requirements of AB 602.
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Facilities, Apparatus and Equipment
Table 4.1 lists the estimated replacement cost of the City’s existing fire station, including its recent expansion.
Table 4.2 lists the City’s existing firefighting apparatus and other vehicles and equipment. Costs for all vehicles and equipment reflect the estimated current dollar replacement costs as provided by City staff.
Table 4.3 summarizes the costs from the preceding tables and adds the existing cash balance of the Fire Impact Fee Fund.
Table 4.1: Existing Fire Stations
Constr Building Site Bldg Repl Est Land Impact Fee
Facility Date Sq Ft 1
Acres 2Cost 3 Cost 4Cost Basis 5
Fire Station 1 1999 5,710 0.60 $ 1,461,078 $145,200 $ 1,606,278 Fire Station 1 Expansion 2021 4,500 0.00 $ 1,166,000 $ 0 $ 1,166,000 Total $ 2,772,278
1 Existing station sourced from City asset records
2 Provided by City staff
3 Replacement cost for existing station sourced from City insured property schedule; expansion cost provided by City staff.
4 Land acquisition cost per acre based on recent sales of land in the City at $242,000 per acre 5 Impact fee cost basis = sum of building replacement cost and site cost or value Table 4.2: Existing Fire Apparatus and Vehicles
Model Replacement
Year Description Cost 1
1936 Ford Fire Engine #2 $ 0
1991 IH Navistar Fire Engine #6 $ 700,000
1995 MQ Power 125 KVA Generator $ 80,000
1999 Ford F-150 Pickup Truck $ 60,000
2000 Forklift $ 30,000
2005 Int Fire Engine #7 $ 700,000
2009 Ford F-550 4 X 4 (Mini Pumper) $ 400,000
2009 Scotty Fire Prevention Trailer $ 60,000
2016 Freightliner Water Truck $ 400,000
2017 Rosenbauer Fire Engine #4 $ 700,000
2019 Chevy Silverado Pick Up $ 60,000
2019 Dodge Ram 1500 $ 60,000
Total $ 3,250,000
1 Replacement cost provided by the City of Chowchilla
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Cost per Call for Service
Table 4.4 calculates the cost per call for service for City fire facilities, apparatus and equipment using the total cost from Table 4.3 and the existing number of calls for service per year.
Impact Fees per Unit
Table 4.5 shows the calculation of fire facilities impact fees per unit of development, by development type. Those fees are calculated using the cost per call for service from Table 4.4 and the calls-per-unit-per-year factors from Table 2.1.
Table 4.3: Impact Fee Cost Basis - Existing Assets
Total
Component Cost Basis 1
Existing Fire Stations $ 2,772,278
Existing Fire Apparatus and Vehicles $ 3,250,000
Fire Impact Fee Fund Balance $ 360,188
Total Cost $ 6,382,466
1 See Tables 4.1, and 4.2; DIF fund balance as of 6/30/21 Table 4.4: Cost per Call for Service
Total Existing Calls Cost per Call
Cost Basis1
for Service 2for Service 3
$6,382,466 456 $13,996.64
1 Total cost basis; see Table 4.3
2 Existing Fire calls for service per year ; see Table 2.2 3 Cost per call for service = total facility cost / existing calls for service per year
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Projected Revenue
Potential revenue from the fire facilities impact fees can be estimated by applying the fees per unit from Table 4.5 to forecasted future units from Table 2.3. Table 4.6 shows the projected revenue to buildout from the fire facilities impact fees calculated in this chapter. This projection assumes that future development occurs as shown in Chapter 2.
Table 4.5 Impact Fee per Unit
Development Cost per CFS Impact Fee
Type Units 1
CFS 2
per Unit 3per Unit 4
Residential, Single-Family DU $13,996.64 0.073 $ 1,017.51 Residential, Multi-Family DU $13,996.64 0.058 $ 818.79
Retail/Service Commercial KSF $13,996.64 0.153 $ 2,148.32 Professional Office KSF $13,996.64 0.047 $ 659.84
Skilled Nursing Facility Bed $13,996.64 0.030 $ 419.90
Industrial KSF $13,996.64 0.034 $ 481.13
Public Facilities/Institutions KSF $13,996.64 0.172 $ 2,412.85 1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 Cost per call for service; see Table 4.4
3 Calls for service per unit; see Table 2.1
4 Impact fee per unit = cost per call for service X calls for service per unit Table 4.6 Projected Revenue
Development Impact Fee Future Projected
Type Units 1
per Unit 2Units 3Revenue 4
Residential, Single-Family DU $ 1,017.51 4,248 $ 4,322,397 Residential, Multi-Family DU $ 818.79 3,581 $ 2,932,079 Retail/Service Commercial KSF $ 2,148.32 873 $ 1,874,654 Professional Office KSF $ 659.84 119 $ 78,729
Skilled Nursing Facility Bed $ 419.90 214 $ 89,716
Industrial KSF $ 481.13 1,489 $ 716,410
Total $ 10,013,986
1 DU=dwelling unit; KSF=1,000 gross squre feet of building area 2 Impact fee per unit see Table 4.5
3 Future units see Table 2.3
4 Projected revenue = future units X impact fee per unit City of Chowchilla Page 4-5
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Although Table 4.5 establishes an impact fee for Public Facilities and Institutions, the City either may not have authority, or may not be likely to charge impact fees to other governmental agencies. Consequently, no projected revenue is attributed to public facilities in Table 4.6.
Updating the Fees
The impact fees calculated in this chapter are based the current estimated replacement costs for fire facilities, with depreciation as shown in this chapter. We recommend that the fees be reviewed and adjusted annually using local cost data or an index such as the Engineering News Record Building Cost Index (BCI). See the Implementation Chapter for more on indexing of fees.
Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires an agency establishing, increasing or imposing impact fees to make findings to:
Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.
Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.
Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to mitigate the impact of new development on the need for fire facilities, apparatus and vehicles provided by the City of Chowchilla.
Use of the Fee. Impact fees calculated in this chapter will be used to provide additional fire facilities, apparatus and vehicles to mitigate the impact of new development on the need for those capital assets in the City. As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.
Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to provide additional fire facilities, apparatus and vehicles and to serve the added demand for fire protection and other emergency services associated with new development in Chowchilla.
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Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. New development increases the demand for fire protection and other emergency services provided by the City. Without additional facilities, apparatus and equipment, the increase in demand associated with new development would negatively impact the ability of the City of Chowchilla to provide services efficiently and effectively to all development in the City.
Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the fire facilities impact fees charged to a development project will depend on the increase in calls for service associated with that project. The fees per unit of development calculated in this chapter for each type of development are based on the estimated calls for service per unit per year for that type of development in the City’s service area. Thus, the fee charged to a development project reflects the impact of that project on the overall need for facilities, apparatus and equipment used by the City to serve development in the City.
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Chapter 5. Police Facilities
This chapter calculates impact fees for police facilities needed to serve future development in the area served by the City of Chowchilla (City).
At present, the City operates one police station. The station is owned by the City has recently been improved to include a security fence around the perimeter. The City expects that future police facilities needed to serve future development will include a sub-station on the east side of State Route 99. Much of the City’s planned future development is east of SR 99, which divides the City.
As discussed in more detail below, the police facilities impact fees calculated in this chapter are based on the existing level of service, defined as the relationship between the replacement cost of the City’s existing police facilities and equipment and the number of calls for service generated by existing development in the City.
Service Area
The service area for impact fees calculated in this chapter is the Planning Area shown in the City of Chowchilla General Plan. Those fees are intended to apply to all future development in the City.
Demand Variable
A “demand variable” is a quantifiable attribute of development that is used in fee calculation formulas to represent the impact of development on a certain type of capital facilities. The demand variable used to calculate impact fees for police facilities in this report is calls for service per year.
As part of this study, NBS analyzed a random sample of the 27,757 calls for service logged by the City between June 30, 2020 and June 30, 2021 to estimate the number of calls per unit per year generated by each type of development defined in this study. Table 2.1 in Chapter 2 shows the calls per unit per year factors derived from that analysis. Those factors are used to calculate impact fees per unit later in this chapter.
Methodology
This chapter calculates impact fees using the standard-based method discussed in Chapter
1. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development.
Level of Service
In this case, the standard used to calculate impact fees is the existing level of service, defined as the replacement cost of existing police facilities equipment divided by the total calls for service per year to get a cost per call for service per year.
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In 2021, AB 602 added Section 66016.5 to the Mitigation Fee Act. Among other things, after January 1, 2022, that section requires that if the level of service used in an impact fee study exceeds the existing level of service, the higher level of service must be justified. Using the existing level of service as the basis for the impact fees calculated in this chapter is consistent with the requirements of AB 602.
Existing Facilities, Vehicles and Equipment
Table 5.1 lists the replacement cost of the City’s existing police station, including its recent security fence improvement, and the cost basis used in the impact fee calculations.
Table 5.2 on the following page lists the City’s existing police vehicles and equipment. Costs for all vehicles and equipment reflect the estimated current dollar replacement costs as provided by City staff.
Table 5.1: Existing Police Station
Constr Building Site Bldg Repl Est Land Impact Fee
Facility Date Sq Ft 1
Acres 2Cost 3 Value 4Cost Basis 5
Police Station 1977 12,312 0.964 $ 5,421,817 $ 252,472 $5,674,289 Police Parking 1977 3,072 included $ 140,250 $ - $ 140,250 Security Fence 2021 - included $ 1,532,925 $ - $1,532,925 Total $7,347,464
1 Sourced from City asset records
2 Provided by City staff
3 Replacment cost sourced from current City insured property schedule; security fence cost provided by the City
4 Land acquisition cost per acre based on recent sales of land in the City at $242,000/acre 5 Impact fee cost basis = sum of building replacement cost and site value City of Chowchilla Page 5-3
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Table 5.3 summarizes the costs from the preceding tables and adds the existing cash balance of the Police Impact Fee Fund.
Table 5.2: Existing Police Vehicles and Equipment
Model Replacement
Year Description Cost 1
2004 Olympian 200KW Generator $ 46,000
2014 Cameras $ 15,980
2014 Ford Explorer $ 71,478
2014 Ford Taurus Sedan $ 42,207
2014 Ford Explorer $ 71,478
2014 Ford Explorer $ 71,478
2015 911 system $ 137,985
2015 Evidence Refrigerator $ 9,422
2016 Ford Explorer $ 71,478
2017 Ford SUV Interceptor $ 71,478
2017 Ford Interceptor Utility $ 71,478
2017 Kawasaki Pro 6 Passenger $ 18,689
2018 Ford Fusion $ 22,167
2018 Ford Fusion $ 22,894
2018 Global Electric Car $ 23,212
2018 Global Electric Car $ 23,212
2019 Ford Explorer $ 57,968
2019 F-250 Super Cab $ 53,909
2020 Ford Explorer $ 71,478
2020 Ford Explorer $ 71,478
2020 Ford Explorer $ 71,478
2020 Ford Interceptor $ 71,478
2021 Dodge Charger $ 71,478
2020 Ford Explorer SUV $ 71,478
2021 Chevrolet Silverado 1500 $ 35,200
2022 CAD RMS Computer System $ 300,297
Total $ 1,666,880
1 Replacement cost provided by the City of Chowchilla
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Cost per Call for Service
Table 5.4 calculates the cost per call for service for City police facilities using the total cost from Table 5.3 and the number of calls for service per year for existing development.
Impact Fees per Unit
Table 5.5 shows the calculation of police facilities impact fees per unit of development, by development type. Those fees are calculated using the cost per call for service from Table 5.4 and the calls-per-unit-per-year factors from Table 2.1.
Table 5.3: Impact Fee Cost Basis - Existing Assets
Total
Component Cost Basis 1
Existing Police Station $ 7,347,464
Existing Police Vehicles and Equipment $ 1,666,880
Total Cost $ 9,014,344
1 See Tables 5.1 and 5.2
2 Impact Fee Fund cash balance provided by City Finance Department as of 6/30/21
Table 5.4 Cost per Call for Service
Total Existing Calls Cost per Call
Cost Basis1
for Service 2for Service 3
$9,014,344 27,758 $324.75
1 Total cost basis; see Table 5.3
2 Existing calls for service per year; see Table 2.2
3 Cost per call for service = total cost basis / existing calls for service per year
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Projected Revenue
Potential revenue from the police facilities impact fees can be estimated by applying the fees per unit from Table 5.5 to forecasted future units from Table 2.3. Table 5.6 shows the projected revenue to buildout from the police facilities impact fees calculated in this chapter. This projection assumes that future development occurs as shown in Chapter 2.
Although Table 5.5 establishes an impact fee for Public Facilities and Institutions, the City either may not have authority, or may not be likely to charge impact fees to other governmental agencies. Consequently, no revenue is projected for public facilities.
Table 5.5 Impact Fee per Unit
Development Cost per CFS Impact Fee
Type Units 1
CFS 2per Unit 3per Unit 4
Residential, Single-Family DU $324.75 3.25 $ 1,055.97
Residential, Multi-Family DU $324.75 2.56 $ 831.58
Retail/Service Commercial KSF $324.75 19.15 $ 6,219.99
Professional Office KSF $324.75 4.40 $ 1,428.89
Skilled Nursing Facility Bed $324.75 1.31 $ 425.42
Industrial KSF $324.75 0.66 $ 215.57
Public Facilities/Institutions KSF $324.75 20.19 $ 6,557.96 1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 Cost per call for service; see Table 5.4
3 Calls for service per unit; see Table 2.1
4 Impact fee per unit = cost per capita X calls for service per unit Table 5.6 Projected Revenue
Development Impact Fee Future Projected
Type Units 1
per Unit 2Units 3Revenue 4
Residential, Single-Family DU $ 1,055.97 4,248 $ 4,485,762 Residential, Multi-Family DU $ 831.58 3,581 $ 2,977,900 Retail/Service Commercial KSF $ 6,219.99 873 $ 5,427,647 Professional Office KSF $ 1,428.89 119 $ 170,489
Skilled Nursing Facility Bed $ 425.42 214 $ 90,896
Industrial KSF $ 215.57 1,489 $ 320,977
Total $ 13,473,671
1 DU = dwelling unit; KSF = 1,000 gross sq. ft. of building area; Bed = patient bed 2 Impact fee per unit see Table 5.5
3 Future units see Table 2.3
4 Projected revenue = impact fee per unit X future units City of Chowchilla Page 5-6
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Updating the Fees
The impact fees calculated in this chapter are based the current estimated replacement costs for police facilities, with depreciation as shown in this chapter. We recommend that the fees be reviewed and adjusted annually using local cost data or an index such as the Engineering News Record Building Cost Index (BCI). See the Implementation Chapter for more on indexing of fees.
Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires an agency establishing, increasing or imposing impact fees to make findings to:
Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.
Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.
Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to mitigate the impact of new development on the need for police facilities provided by the City of Chowchilla.
Use of the Fee. Impact fees calculated in this chapter will be used to provide additional police facilities to mitigate the impact of new development on the need for those facilities in the City.
As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.
Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to provide additional police facilities and to serve the added demand for police protection associated with new development in Chowchilla.