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from CEQA Pursuant to CEQA Guidelines Section 15304(e), as “minor temporary use of land having negligible or no permanent effects on the environment including carnivals, sales of Christmas Trees, etc.”
In addition, temporary noise impacts from the patriotic event may occur. According to the Municipal Code events of this nature are exempt from adherence of the Noise Ordinance under the following exemptions:
- Outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a license or permit issued by the City.
- Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school.
Attachments:
(1) Resolution No. 2023-__: A Resolution of the City Council of the City of Citrus Heights, Approving a not to exceed allocation of $80,000 of American Rescue Plan Act funds for a patriotic community event in recognition of Independence Day and Finding the Event to be Categorically Exempt from the California Environmental Quality Act.
(2) Aerial of proposed Patriotic Event Area
Agenda Packet Page 118
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RESOLUTION NO. 2023- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPROVING A NOT TO EXCEED ALLOCATION OF $80,000 OF
AMERICAN RESCUE PLAN ACT FUNDS FOR A PATRIOTIC COMMUNITY EVENT IN
RECOGNITION OF INDEPENDENCE DAY AND FINDING THE
EVENT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, at the Strategic Planning Workshop on October 25, 2022, a strategic objective was defined to explore feasibility, costs, logistics and options for a patriotic event and present to the City Council;
WHEREAS, the residents and City Council have expressed a desire to create a new patriotic event to increase community connection and engagement consistent with the City Council adopted Focus Area Workplan and current Strategic Objectives;
WHEREAS, the City has explored the feasibility, costs, logistics and options for a patriotic event in recognition of Independence Day, and determined a fireworks show and musical performance at the City Hall campus and Van Maren Park on the Friday or Saturday before the 4th of July holiday in 2023 as a viable option;
WHEREAS, the City will utilize American Rescue Plan Act funds in an amount not to exceed $80,000 to cover the planning and design work, purchase of fireworks and delivery of the show, and other ancillary costs associated with the event; and
WHEREAS, the event is Categorically Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15304(e).
NOW THEREFORE BE IT RESOLVED AND ORDERED that the City Council of the City of Citrus Heights does hereby:
1. Authorize the City Manager to execute all contracts and amendments in an amount not to exceed $80,000 necessary for the planning and design work, purchase of fireworks and delivery of the show by fireworks professionals, a musical performance, and other ancillary items associated with the event;
2. Approve the use of American Rescue Plan Act Funds in an amount not to exceed $80,000 for a Patriotic Community Event; and
3. Finds that the event is Categorically Exempt from CEQA pursuant to CEQA guidelines Section 15304(e) and authorizes the City Manager to direct staff to record a CEQA Notice of Exemption accordingly.
The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 26th day of January 2023 by the following vote, to wit:
Agenda Packet Page 119
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Tim Schaefer, Mayor
ATTEST:
Amy Van, City Clerk
Agenda Packet Page 120
Legend
stage/music area
roads closed for event
tentative firework launch area
Proposed 2023 Patriotic Event – preliminary layout
Parking logistics tbd utilizing available
surrounding partner properties with
shuttling options
Agenda Packet Page 121
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CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE
: January 26, 2023
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Casey Kempenaar, Community Development Director
Alison Bermudez, Senior Planner
Ryan Jones, City Attorney
SU
BJECT: Overview of New State Housing Laws 2023
Summary and Recommendation
A r
ecord number of Housing Bills were signed into law this year. Most of these laws take effect on January l, 2023, with a few going into effect later in the year. Staff will provide a presentation and overview of those laws that are most relevant for Citrus Heights and steps staff will be taking to implement the new legislation.
Th
e Housing Bills are presented in the following categories:
• Housing Development in Non-Residential Areas
• Streamlining and Parking Reform
• Accessory Dwelling Units
• Density
• Housing Element and Annual Progress Reports
Thi
s is an informational item only and no formal action is needed.
City Council Strategic Goal/Objective
Th
is staff report aligns with the following Citrus Heights City Council Strategic Plan Objectives:
Goal
: Maintain and Enhance Fiscal Stability
Objective: Present an update of the 44 housing related bills passed in 2022 and anticipated impact to Planning/Housing processes/regulations required to comply with additional unfunded mandates.
Item 13
Agenda Packet Page 122
Subject: 2023 Housing Bills Overview
Date: January 26, 2023
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Fiscal Impact
At this time, there is no direct fiscal impact. However, a significant amount of staff time is needed in adapting existing regulations to ensure compliance with these Housing Bills. Some technical assistance is necessary to support these efforts. Some portion of this work will be conducted as part of the ongoing Retail to Rooftops project and staff is reviewing available funds in the Local Early Action Plan (LEAP) grant to help fund any additional outside assistance as needed.
Background and Analysis
The California Legislature has continued its years’ long journey of wresting local control from cities and imposing statewide requirements. This year there were over 40 bills aimed at housing each requiring varying degrees of regulation modifications to local Zoning and/or Municipal Code requirements.
A number of the bills reference allowing density at that “deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of [Government Code] § 65583.2.” Generally, this density is 30 units per acre for jurisdictions in a metropolitan county including Sacramento County.
Below is a brief summary of those laws that are most relevant for Citrus Heights. The summary is separated by category and provides key points of the legislation which impact Citrus Heights.
The summary also notes steps needed to implement the new legislation.
As noted, this is a summary and the entire Bill text is available on California’s Legislative Information website
https://leginfo.legislature.ca.qov/faces/home.xhtml.
Housing Development in Non-Residential Areas
Overview: Of the 40 bills passed last year, the two that received the most publicity and concern are AB 2011 and SB 6 allowing housing to be constructed on non-residential property. Of note, the City’s existing regulations already allow residential development in commercial zones; however, these two laws add additional regulations and requirements applicable for this type of development.
AB 2011 and SB6 - Housing Development on Commercially Zoned Sites
AB 2011 requires certain affordable housing projects of five or more units to be approved by- right in commercial areas. In order to take advantage of this Act, a project must comply with objective zoning, subdivision and design review standards and it must comply with certain labor code requirements. Projects submitted under this Act, including subdivisions that comply with all objective subdivision standards, are exempt from CEQA.
Agenda Packet Page 123
Subject: 2023 Housing Bills Overview
Date: January 26, 2023
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Key points of AB 2011:
• Applies regardless of general plan, zoning, etc., with limited exemptions for specific plans
• Applies to two types of projects- 100% affordable in a commercial zone and mixed income along a commercial corridor (Rental 55 years/Ownership 45 years) • Short time frame for applicant to be notified of inconsistencies with objective standards<150 units within 60 days and >150 units 90 days • Design Review only allowed for compliance with objective standards adopted prior to application submittal
• Incorporates Streamlined Approval Process implemented under SB 35 • Requires project to pay prevailing wage
• Does not take effect until July 1, 2023
SB 6 also allows housing development projects in commercial zones, but differs from AB 2011 in several important respects. SB 6 does not require any affordable housing. Projects under SB 6 are not automatically exempt from CEQA. And SB 6 projects require not only the payment of prevailing wages, but also the use of a skilled and trained workforce – which generally means union workers, with limited exemptions. Monthly reports must be provided to the City to show compliance. This also takes effect on July 1, 2023 and sunsets on January 1, 2033.
Future City actions needed for compliance:
• Adoption of objective standards for housing projects proposed on commercially zoned properties by July 1, 2023.
• Approval of Affordable Housing Guidelines which will assist with all aspects of housing units sold/rented as a qualifying affordable unit.
Streamlining and Parking Reform
AB 2234 - Timelines for Post-Entitlement Permits
Recent housing laws such as the Housing Crisis Act of 2019 (also known as SB 330) have given new teeth to the Permit Streamlining Act (PSA), a law that establishes timelines to determine the completeness of a planning permit application, and a timeline to act on the application once it is complete.
Failing to meet the PSA deadlines can cause the application to be automatically "deemed complete," and under certain circumstances, the permit can even become "deemed approved." However, the PSA only applies to discretionary approvals, commonly referred to as "entitlements," (i.e. Use Permit, Design Review Permit, etc). The PSA's timelines do not apply to ministerial acts, such as building and grading permits that developers must seek often long after the entitlement is approved. There has been no clear timeline governing the post- entitlement permit process.
Agenda Packet Page 124
Subject: 2023 Housing Bills Overview
Date: January 26, 2023
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To address this, AB 2234 borrows familiar aspects of the PSA process and applies those standards to defined "post-entitlement housing development permits" such as building permits, demolition permits and permits for minor or standard excavation, grading or off-site improvements.
AB 2234 provides that a local agency's failure to comply with the specified timelines is a violation of the Housing Accountability Act (HAA), exposing the local agency to the attorney's fees, mandamus relief and potential fines provided by the HAA.
City actions needed for compliance:
• Review current permit processing of entitled housing projects (building and engineering division) to ensure current process can meet the new timelines of AB 2234. Implement any necessary processing changes for compliance. • Create and publish formal application checklists for post-entitlement housing development permits, as well as examples of complete applications for specific types of housing developments.
AB 2668 - SB 35 "Cleanup"
AB 2668 makes a series of technical and clarifying changes to SB 35 from 2017, a law that provides for streamlined ministerial approval of qualifying housing and mixed use projects that conform to objective zoning requirements, pay prevailing wages and meet minimum affordable housing requirements.
Key points in which AB 2668 revises SB 35:
• Makes explicit that a local government is required to approve a development if it determines that the development is consistent with SB 35's criteria. • Confirms that the minimum percentage of total units that a development must dedicate for lower-income housing is calculated before calculating any density bonus. • Confirms that a city cannot find a project inconsistent with applicable standards on the grounds that application materials were not included, as long as the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. • Confirms that although SB 35 has a process to allow additional "design review" or "public oversight" over the ministerial application, a locality still must provide written documentation of any applicable standards with which the project conflicts within the applicable deadline calculated from application submittal (60 days for projects with 150 or fewer homes; 90 days for projects with more than 150 homes).
Agenda Packet Page 125
Subject: 2023 Housing Bills Overview
Date: January 26, 2023
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City actions needed:
• Adopt objective standards for housing projects in any zone
AB 2097 - No Parking Minimums within Half-Mile of Public Transit
This law prohibits public agencies from imposing minimum parking requirements on residential, commercial or other development projects located within a half-mile of public transit stop (defined as “major transit stop” and transit stops included in a regional transportation plan, i.e.
SACOG’s 2040 Plan). Public agencies may only impose parking minimums on such projects if the agency can make certain written findings that the inability to impose parking requirements would have substantial negative impacts.
City actions needed:
• As shown in the map below, properties along Sunrise Boulevard qualify for no parking minimums under AB 2097.
Agenda Packet Page 126
Subject: 2023 Housing Bills Overview
Date: January 26, 2023
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Accessory Dwelling Units
Changes have been made laws related to the development of accessory dwelling units (ADU) and junior accessory dwellings (JADU), which clarify and expand on previous legislation. Many of the changes were to address “workarounds” that some local jurisdictions were trying to utilize to inhibit the construction of ADUs.
AB 2221 - ADU Law Cleanup
This law contains clean-up language and clarifications to reduce permitting delays for ADU applicants. The law also requires agencies that deny an ADU application to provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.
SB 897 - Increased Height Limits for ADUs, Detached ADUs at Proposed Multifamily Projects
This law increases the height limits that local governments may impose on ADUs by allowing 18 feet for detached ADUs located on lots that are within a half-mile of a major transit stop, or detached ADUs on lots with an existing or proposed multistory, multifamily dwelling; or 25 feet or base zone height (whatever is lower) for attached ADUs.
Key points of AB 221 and SB 897 which would apply to Citrus Heights:
• Clarifies that front setbacks cannot be applied to an attached or detached ADU if it would prohibit construction of an ADU that is at least 800 square feet with 4-foot side and rear yard setbacks.
• Increases height requirements that the City must allow:
o 18 feet for a detached ADU plus an additional two feet to accommodate roof pitch to align with roof pitch of primary dwelling unit when the dwelling is within ½ mile walking distance of a major transit stop or high-quality transit corridor; o 25 feet or the height limit of the zone which applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. • ADU or JADU applications cannot be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the ADU construction. • Clarifies JADUs may be built within attached garages. • Clarifies JADUs that do not have a separate bathroom, must have an interior entry to the main living area in addition to the separate entrance from the main structure. • Unpermitted ADUs built before 2018 cannot be denied a permit based upon the ADU being in violation of building standards or ADU regulations unless the ADU is deemed to be substandard under Health & Safety Code.
Agenda Packet Page 127
Subject: 2023 Housing Bills Overview
Date: January 26, 2023
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City actions needed:
• City staff is currently evaluating existing zoning ordinances for compliance and will be presenting any necessary amendments early 2023 as part of an annual Zoning Code update.
Density
AB 2334 - State Density Bonus Law Amendments - Defining "Base Density"; Concessions in Very Low Vehicle Miles Travel Areas
AB 2334 provides that if the density under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail.
In addition, this law dictates a method for determining the "base density" in terms of units in cases where a local jurisdiction’s general plan, specific plan or zoning does not provide dwelling unit per acre standard for density.
City actions needed:
• City staff is currently evaluating existing zoning ordinances for compliance and will be presenting any necessary amendments early 2023 as part of an annual Zoning Code update.
Housing Element Annual Progress Reports
AB 2094 and AB 2653 Greater Requirements for Annual Reports on Housing Progress
AB 2094 requires that the annual report specifically detail the local government's progress in meeting its regional housing needs allocation (RHNA) targets for the "extremely low income" category.
AB 2653 requires that the annual report additionally provide: the number of new housing units built, the number of housing units demolished, information specifying rental versus for-sale housing and details regarding approved projects that benefit from AB 2077 or the State Density Bonus Law.
City actions needed:
• City staff will include the new reporting requirements in its General Plan Annual Report as required.
Agenda Packet Page 128
Subject: 2023 Housing Bills Overview
Date: January 26, 2023
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Other- Housing Accountability Act/Objective Design Standards
Over the last several legislative sessions, the applicability of the Housing Accountability Act (HAA) and the use of objective design standards in housing bills has significantly increased.
The HAA restricts the ability to deny, reduce the density of, or make infeasible all housing development projects, whether affordable or market rate, and places the burden of proof on the city to justify one of these actions. (§ 65589.6.) While different provisions apply to affordable and market-rate projects, the applicability of the HAA must be considered whenever any housing project is proposed. Objective design standards are considered quantifiable, written development standards which are measurable, verifiable and knowable to all parties prior to the project submittal.
City actions needed:
• City staff continues to work through the significant amount of housing bills which have been adopted over the last several legislative sessions and update codes/ordinances. • In the near future, staff will be presenting for adoption the “Retail to Rooftops” guide which will provide objective design standards for housing projects along Auburn Boulevard as well as a set of objective Design Standards for housing developments throughout the city.
Agenda Packet Page 129