Agenda packet — Clayton City Council, March 21, 2023

_____________________________________________________________________________________________ Agenda March 21, 2023 Page 1

AGENDA

REGULAR MEETING
* * *

CLAYTON CITY COUNCIL
and

OAKHURST GEOLOGICAL HAZARD ABATEMENT

DISTRICT (GHAD)
* * *
TUESDAY, March 21, 2023
7:00 P.M.
*** NOTICE ***
Members of the public will be able to participate either in-person at Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
or
remotely via Zoom.

Mayor: Jeff Wan
Vice Mayor: Jim Diaz
Council Members
Peter Cloven
Holly Tillman
Kim Trupiano
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review in City Hall located at 6000 Heritage Trail and on the City’s website at www.claytonca.gov
• Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov • Any writings or documents provided to a majority of the City Council after distribution of the Agenda Packet and regarding any public item on this Agenda will be made available for public inspection in the City Clerk’s office located at 6000 Heritage Trail during normal business hours and is available for review on the City’s website at www.claytonca.gov • If you have a physical impairment that requires special accommodation to participate, please call the City Clerk’s office at least 72 hours in advance of the meeting at (925) 673-7300. _____________________________________________________________________________________________ Agenda March 21, 2023 Page 2
Instructions for Virtual City Council Meeting – March 21 Tonight’s meeting will be available to the public both in-person and remotely via Zoom. As a courtesy, and technology permitting, members of the public may continue to provide live remote oral comment via the Zoom video conferencing platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time.

To follow or participate in the meeting:

1. Videoconference: to follow the meeting on-line, click here to register:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw After clicking on the URL, please take a few seconds to submit your first and last name, and e-mail address then click “Register”, which will approve your registration and a new URL to join the meeting will appear.

Phone-in: Once registered, you will receive an e-mail with instructions to join the meeting telephonically, and then dial Telephone: 877 853 5257 (Toll Free)

2. using the Webinar ID and Password found in the e-mail.

E-mail Public Comments: If preferred, please e-mail public comments to the City Clerk, Ms.

Calderon at [email protected] by 5 PM on the day of the City Council meeting. All E-mail Public Comments will be forwarded to the entire City Council.

For those who choose to attend the meeting via videoconferencing or telephone shall have 3 minutes for public comments.

Location:

Videoconferencing Meeting (this meeting via teleconferencing is open to the public) To join this virtual meeting on-line click here:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw To join on telephone, you must register in the URL above, which sends an e-mail to your inbox, and then dial (877) 853-5257 using the Webinar ID and Password found in the e-mail.

_____________________________________________________________________________________________ Agenda March 21, 2023 Page 3
* CITY COUNCIL *
March 21, 2023

1. CALL TO ORDER AND ROLL CALL – Mayor Wan.

2. PLEDGE OF ALLEGIANCE – led by Mayor Wan.

3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on items within the Council’s jurisdiction (which are not on the agenda) at this time. To assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Mayor’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may at its discretion request Staff to report back at a future meeting concerning the matter.

Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the City Council.

4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the City Council. Members of the Council, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion or alternative action may request so through the Mayor.
(a) Approve the minutes of the City Council’s regular meeting of March 7, 2023. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance) (View here) (c) Acceptance of the 2022 General Plan Implementation and Housing Element Annual Progress Report. (Community Development Director) (View here) (d) Establishing 2023/2024 Equivalent Ruoff Unit (ERU) Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention). (City Engineer) (View here) (e) Resolution of the City Council of the City of Clayton Amending a Professional Services Agreement with GovInvest for Financial Consulting Services in the Amount of $49,900 for a Total Not-To-Exceed Amount of $115,775. (Finance Director) (View here)
(f) Request to purchase 2016 Zero electric police motorcycle. (Police Chief) (View here)
_____________________________________________________________________________________________ Agenda March 21, 2023 Page 4

5. RECOGNITIONS AND PRESENTATIONS
(a) Certificates of Recognition to public school students for exemplifying the “Do the Right Thing” character trait of “Self-Discipline” during the months of January and February 2023. (Councilmember Cloven) (View here)

6. REPORTS
(a) City Manager/Staff

7. PUBLIC HEARINGS
(a) Adopt a Resolution Approving Endeavor Hall Clayton Non-Profit Rental Fees. (Interim City Manager) (View here)
(b) Introduce and Waive First Reading of an Ordinance to Amend Clayton Municipal Code Chapter 17.47, Sections 17.04.083 and 17.44.030, and Schedule

17.37.030A Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units (ZOA-02-2022), and Finding that Such Amendment is Exempt from CEQA Pursuant to Public Resources Code Section 21080.17.
(Community Development Director) (View here)

8. ACTION ITEMS
(a) Adopt a Resolution Authorizing the City to Apply for Energy Efficiency Loan from the California Energy Commission to Implement Energy Efficiency Measures, if Approved and Finding that the Activities funded by the Loan are Categorically Exempt from CEQA pursuant to Class 1 (14 CCR § 15301) and Class 3 (14 CCR §15303) Categorical Exemptions of the State CEQA Guidelines. (Interim City Manager) (View here)

9. COUNCIL ITEMS – limited to Council requests and directives for future meetings.

10. COUNCIL REPORTS
(a) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

11. RECESS THE CITY COUNCIL MEETING – Mayor Wan (until after the conclusion of the Oakhurst Geological Hazard Abatement District meeting) _____________________________________________________________________________________________ Agenda March 21, 2023 Page 5

12. RECONVENE THE CITY COUNCIL MEETING – Mayor Wan

13. CLOSED SESSION
(a) Conference with Real Property Negotiators
(Gov. Code section 54956.8)
Property: 278 Stranahan Circle, Clayton, Ca 94517
Agency Negotiators: Ron Bernal, Interim City Manager and Dana Ayers, Community Development Director
Negotiating Party: Bonny Slatkin
Under Negotiation: Price and terms of payment

14. ADJOURNMENT
The next regularly scheduled meeting of the City Council will be April 4, 2023. # # # # #
_____________________________________________________________________________________________ Agenda March 21, 2023 Page 6
* OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT *
March 21, 2023

1. CALL TO ORDER AND ROLL CALL – Chair Trupiano.

2. PUBLIC COMMENTS
Members of the public may address the District of Boardmembers on items within the Board’s jurisdiction, (which are not on the agenda) at this time. To facilitate the recording, assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Chair’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Board may respond to statements made or questions asked, or may at its discretion request Staff to report back at a future meeting concerning the matter.

Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the Board.

3. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by the Board with one single motion. Members of the Board, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question or input may request so through the Chair.
(a) Approve the Board of Directors’ minutes for its regular meeting December 6, 2022. (Secretary) (View here)

4. PUBLIC HEARINGS - None.

5. ACTION ITEMS
(a) GHAD Manager Report and Facility Assessment – Discussion of Operation and Maintenance Priorities. (City Engineer) (View here)
Recommendation: The GHAD Board receives assessment report from the GHAD Manager and their geotechnical consultants. The report will include overview of the District responsibilities, facility assessment, and current financial status. Staff recommends a discussion with the GHAD Board after the report is received to provide input to Staff on operation and maintenance priorities and future financial planning to develop the FY23-24 GHAD budget.

6. BOARD ITEMS – limited to requests and directives for future meetings.

7. ADJOURNMENT – the next meeting of the GHAD Board of Directors will be scheduled as needed.
# # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes March 7, 2023 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, March 7, 2023

1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:01 p.m. by Mayor Wan held via a hybrid meeting format live in-person and Zoom videoconference and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Mayor Wan, Vice Mayor Diaz, and Councilmembers Cloven and Trupiano. Councilmembers absent: Councilmember Tillman. Staff present:

Interim City Manager Ron Bernal, City Attorney Mala Subramanian, Community Development Director Dana Ayers, and City Clerk Janet Calderon.

2. PLEDGE OF ALLEGIANCE – led by Mayor Wan.

3. PUBLIC COMMENT ON NON - AGENDA ITEMS
Ed Hartley expressed concern regarding the tiers for reduced non-profit rental rates for Endeavor Hall and elimination of the Endeavor Hall City Council ad-hoc committee.

Keith Haydon expressed his concern regarding the tiers for reduced non-profit rental rates for Endeavor Hall and requested the City Council reinstate the Endeavor Hall City Council ad-hoc committee.

Howard Kaplan supports the volunteerism of the Clayton Business and Community Association.

Pat Middendorf expressed her concern with her recent rental of Endeavor Hall and staff not knowing how much to charge her.

Carolina Marlin requested the city look into the large root that has appeared on Clayton Road and suggested the City Council consider an ice-skating rink on the empty lot downtown.

Bassam Altwal expressed his concern with the endorsements for the mayor from Oakhurst Country Club.

Mayor Wan closed public comment.

4. CONSENT CALENDAR
It was moved by vice Mayor Diaz, seconded by Councilmember Trupiano, to approve the Consent Calendar items 4(a) – 4(b), as submitted. (Passed 5-0). (a) Approved the minutes of the City Council’s regular meeting of February 21, 2023. (City Clerk)
____________________________________________________________________________ City Council Minutes March 7, 2023 Page 2
(b) Approved the Financial Demands and Obligations of the City. (Finance)

5. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• Irish-American Heritage Month.
• Women’s History Month.
• Cesar Chavez Day (March 31)
(b) Proclamation declaring March as “Red Cross Month” in the City of Clayton. (Mayor Wan)
Mayor Wan read the proclamation declaring March as “Red Cross Month” in the City of Clayton.

Larry Fong, External Relations, Red Cross briefly spoke about the efforts of the Red Cross (c) Clayton Valley Village Presentation. (Councilmember Trupiano) Councilmember Trupiano introduced Sonja Wilkin to provide a short presentation with a PowerPoint.

Sonja Wilkin presented a PowerPoint showcasing the efforts of the Clayton Valley Village.

6. REPORTS
(a) Interim City Manager Ron Bernal announced an upcoming Clayton City Council Special meeting taking place on March 11 interviewing City Manager candidates, a Clayton City Council Special meeting taking place on March 13 regarding the City Council Goal Setting Session, and notified the community sandbags are available at the Keller House due to the upcoming storms.

7. PUBLIC HEARINGS – None.

8. ACTION ITEMS
(a) Consider Termination of the Clayton Business and Community Association Master Use Agreement. (Interim City Manager)
Interim City Manager Ron Bernal presented the report.

Following questions and comments by the City Council, Mayor Wan opened the public comment.

Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes March 7, 2023 Page 3
Ed Hartley expressed his concern with the termination of the Clayton Business and Community Association agreement with the city, and suggested a renegotiation of the agreement.

Keith Haydon expressed his concern of not hearing this item ahead of time as a future city council item.

Amy Callaghan expressed she is a frequent volunteer of the Clayton Business and Community Association and is not supportive of termination of the agreement.

Ed Miller noted the City Council not only manages the budget, but also relationships with the community and not in the business of making profit.

Terri Denslow expressed her concern of the anonymous letters attacking the Clayton Business and Community Association.

Scott Denslow suggested the City Council talk about renegotiation not termination of the Clayton Business and Community Association.

Rebecca Nolen highlighted some of the events and donations provided by the Clayton Business and Community Association suggested the City Council talk about renegotiation not termination of the Clayton Business and Community Association master agreement.

Bassam Altwal volunteers as often as he can for the Clayton Business and Community Association and expressed his concern of the non-profit rates for use of Endeavor Hall.

Christine Muller expressed her displeasure with the termination of the Clayton Business and Community Association agreement with the city.

Meredith Yalenty expressed her concern with termination of the Clayton Business and Community Association master agreement.

Pat Middendorf expressed her concern with termination of the Clayton Business and Community Association master agreement.

Howard Geller expressed his dissatisfaction with the current City Council and provided an overview of the volunteerism and donations made by the Clayton Business and Community Association.

Sandy Johnson provided the City Council payment amounts made by the Clayton Business and Community Association to the City for its events.

Carl Wolfe provided a brief overview of the Clayton Business and Community Association and would like to continue working with the City of Clayton.

Matt Tillman encouraged the community to get involved with the Clayton Business and Community Association, since the city does not have its own recreation department, it relies heavily on the Clayton Business and Community Association for events.
____________________________________________________________________________ City Council Minutes March 7, 2023 Page 4
Doug Robers is in support of the Clayton Business and Community Association paying its fair share of costs the City incurs for the downtown events.

Jonathan Lee noted the Clayton Business and Community Association pays Police overtime fees and downtown businesses enjoy the extra business during various City events.

Dennis Mitchell expressed his support of the Clayton Business and Community Association.

Mayor Wan closed public comment.

It was moved by Mayor Wan, seconded by Vice Mayor Diaz, to terminate the Clayton Business and Community Association Master Use Agreement and form an ad-hoc committee consisting of Mayor Wan and Vice Mayor Diaz to enter into a new master use agreement with the Clayton Business and Community Association. (Passed; 3-1 No; Cloven)

9. COUNCIL ITEMS
Councilmember Cloven requested a future agenda item to include the addition of a future item to the City Council Agenda discussed in public prior to being placed on the agenda. (9:22 pm) Mayor Wan called for a 2-minute recess
(9:24 pm) Mayor Wan called the meeting back to order

9. COUNCIL REPORTS
(a) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

Councilmember Cloven attended the Contra Costa County Mayors’ Conference, met with Diablo View Middle School Principal Fong, announced the upcoming Clayton Cleans Up event April 22, spoke with constituents regarding the Clayton Business and Community Association master agreement, and spoke with City of Concord Councilmembers regarding their fee schedule.

Councilmember Trupiano attended the Clayton Budget and Audit Committee meeting, the East Contra Costa County Habitat Conservancy board meeting, attended the Clayton Valley Village annual meeting, attended the Contra Costa County Mayors’ Conference, met with Ernest Avila, President, Contra Costa Water District who wishes to provide the City Council a presentation at a future meeting, spoke with constituents regarding the Clayton Business and Community Association agreement, and continued reaching out for sponsorships for the upcoming Concerts in The Grove.

Vice Mayor Diaz attended the CERT/Morgan Territory Association meeting, attended the County Connection community meeting, attended the re-opening of Contra Costa Fire Protection District Station 74, announced the upcoming Clayton Business and Community Association Art and Wine event taking place April 29 – 30, and met with the Interim City Manager.

Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes March 7, 2023 Page 5
Mayor Wan attended the Clayton Budget and Audit Committee meeting, met with PG&E with Climatec, attended the Contra Costa County Mayors’ Conference and met with our new California Public Utilities Commission (CPUC) representative.

11. CLOSED SESSION – None.

12. ADJOURNMENT– on call by Mayor Wan, the City Council adjourned its meeting at 9:31 p.m.

The next regularly scheduled meeting of the City Council will be March 21, 2023. # # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Jeff Wan, Mayor
# # # # #
Agenda Item: 4(b)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER GIANTVALLEY, ACCOUNTING TECHNICIAN

ANGELINE LOEFFLER, FINANCE DIRECTOR
DATE: 3/21/2023
SUBJECT: FINANCIAL DEMANDS AND OBLIGATIONS OF THE CITY
RECOMMENDATION:

It is recommended the City Council, by minute action, approve the financial demands and obligations of the City for the purchase of services and goods in the ordinary course of operations.

Attachments:

1. Obligation report for 3/21/23 (2 pages)

2. Payroll Reconciliation Summary report PPE 3/5/23 (2 pages) Attached Report Purpose Amount
Obligations Accounts Payable $ 277,068.85
Payroll Reconciliation Summary Payroll, Taxes $ 89,488.09 Total Required $ 366,556.94
City of Clayton
Obligations for 3/21/23
Vendor name Invoice date Invoice number Invoice description Amount Payment method Authorize.net 03/01/2023 February2023 Online bankcard gateway fee February 2023 $33.25 Bank draft CalPERS Retirement 03/05/2023 030523 Retirement PPE 3/5/23 $18,204.40 Bank draft Mission Square Retirement 03/05/2023 030523 457 Plan contributions PPE 3/5/23 $225.00 Bank draft Nationwide 03/05/2023 030523 457 Plan contribution PPE 3/5/23 $500.00 Bank draft Paysafe Payment Processing 03/01/2023 February2023 Online bankcard fees February 2023 $148.83 Bank draft Paysafe Payment Processing 03/01/2023 February2023 OTC Bankcard fees February 2023 $142.98 Bank draft US Bank CalCard 01/23/2023 012323 CalCard Stmt end 1/23/23 $8,814.87 Bank draft US Bank CalCard 02/22/2023 022223 CalCard Stmt end 2/22/23 $10,251.99 Bank draft US Bank CalCard 12/22/2022 122222 CalCard Statement end 12/22/22 $9,128.80 Bank draft Wex Bank-Fleet Cards 02/25/2023 87432478 Fleet fuel stmt end 2/25/23 $4,788.56 Bank draft Advanced Elevator Solutions, Inc 03/01/2023 51810 Elevator Service February 2023 $128.00 Check Alameda County Sheriff's Office 02/24/2023 290131-0123-7614 Training class-First responders $339.00 Check All City Management Services, Inc. 02/22/2023 83653 School crossing guard svcs 2/5/23-2/18/23 $2,368.44 Check All City Management Services, Inc. 03/08/2023 83951 School crossing guard svcs 2/19/23-3/4/23 $2,368.44 Check AT&T (CalNet3) 02/22/2023 19541433 Phones 1/22/23-2/21/23 $1,251.04 Check AT&T (HH Internet) 02/21/2023 322941575-22123 Hoyer Hall Internet 3/22/23-4/21/23 $187.25 Check Bay Area Barricade Serv. 12/29/2022 37090 Street signs $1,351.35 Check Bay Area Barricade Serv. 02/27/2023 37476 "School days" sign $932.88 Check Bay Area News Group 02/28/2023 1367832 Legal Ad for February 2023 $331.96 Check Best Best & Kreiger LLP 03/08/2023 959725-959729 Legal svcs February 2023 $14,220.50 Check Bob Murray & Associates 02/15/2023 9947 Executive search services $8,026.25 Check CA Department of Justice 03/02/2023 642466 Fingerprinting February 2023 $32.00 Check Cintas (First Aid) 01/05/2023 5139582742 Restock first aid cabinet $84.85 Check CME Lighting Supply, Inc 02/27/2023 253115 Lamps $436.25 Check Comcast Business (PD) 03/01/2023 166518289 PD Internet February 2023 $988.68 Check Comcast Business (The Grove Park) 02/05/2023 020523 The Grove Park internet 2/10/23-3/9/23 $468.73 Check Comcast Business (The Grove Park) 03/05/2023 030523 The Grove Park internet 3/10/23-4/9/23 $237.52 Check Contra Costa County - Office of the Sheriff 02/07/2023 CLPD-2301 Toxicology January 2023 $200.00 Check Contra Costa County Public Works Dept 02/23/2023 705678 Traffic signal maintenance January 2023 $2,077.86 Check Contra Costa Transportation Authority 02/28/2023 2023-000000003 FY 2022 CMA $1,537.00 Check CR Fireline, Inc 02/27/2023 123155 Library fire sprinkler inspection $225.00 Check CR Fireline, Inc 02/27/2023 123156 CH fire sprinkler inspection $225.00 Check CR Fireline, Inc 02/27/2023 123157 EH fire sprinkler inspection $225.00 Check De Lage Landen Financial Services, Inc. 01/16/2023 78787382 PD copier lease April 2023 $123.52 Check Dillon Electric Inc 03/06/2023 4817 Street light repairs 3/2/23 $1,346.00 Check Dillon Electric Inc 03/13/2023 4824 Library exterior light repair $640.00 Check Environtech Enterprises 03/01/2023 A001-A1-23 Weed abatement Nov-Feb 23 $17,500.00 Check Environtech Enterprises 03/01/2023 A001-B1-23 Weed abatement Nov-Feb 23 $23,000.00 Check Geoconsultants, Inc. 03/02/2023 19452 Well monitoring February 2023 $1,546.50 Check Government Training Agency 02/27/2023 66409 Records Clerk Training $525.00 Check Hamilton Tree Service, Inc 01/06/2023 52410 Emergency tree work @ Lydia Lane Park $4,540.00 Check Hammons Supply Company 03/09/2023 122325 Janitorial supplies March 2023 $221.23 Check City of Clayton
Obligations for 3/21/23
Vendor name Invoice date Invoice number Invoice description Amount Payment method Hammons Supply Company 03/09/2023 122326 Janitorial supplies March 2023 $198.97 Check J&R Floor Services 03/14/2023 Library floor Strip and seal Library floors $1,325.00 Check JJR Enterprises for Caltronics Business Systems 02/17/2023 3702929 Copier usage 1/18/23-2/17/23 $179.60 Check JJR Enterprises for Caltronics Business Systems 02/17/2023 3702930 Copier usage 1/19/23-2/18/23 $62.19 Check Kennedy & Associates 03/03/2023 23-021 Consultant svcs The Olivia February 2023 $640.75 Check Kim Trupiano 03/02/2023 011223 League of CA Cities Reception $50.00 Check LarryLogic Productions 02/21/2023 2090 City council meeting production 2/21/23 $480.00 Check LarryLogic Productions 02/28/2023 2092 Budget/Audit committee meeting production 3/7/23 $160.00 Check LarryLogic Productions 03/01/2023 2093 Planning Commision Meeting Production 2/28/23 $160.00 Check LarryLogic Productions 03/08/2023 2096 City council meeting production 3/7/23 $520.00 Check LarryLogic Productions 03/14/2023 2098 City council meeting production 3/13/23 $480.00 Check League of CA cities 02/15/2023 INV-02094 2023 Local Streets and Roads Needs Assessment $300.00 Check Matthew Polewaczyk 02/18/2023 Rifle Mileage reimbursement for training $113.97 Check Michael Orfanos 03/08/2023 CAP0397 Deposit refund $3,000.00 Check MPA 09/14/2022 INV002815 EAP Q1 FY2023 $315.09 Check
MPA 01/24/2023 INV002940 EAP Q2 FY2023 $315.09 Check
Pacific Telemanagement Svc 02/23/2023 2101979 Courtyard pay phone March 2023 $70.00 Check PG&E 02/22/2023 2572177359-3 2/22/23 Energy (Gas) 1/21/23-2/21/23 $694.00 Check PG&E 02/22/2023 7293447797-6 022223 Energy 1/13/23-2/13/23 $34,181.14 Check Pond M Solutions 01/01/2023 7349 Fountain maintenance January 2023 $650.00 Check Pond M Solutions 02/01/2023 7362 Fountain maintenance February 2023 $650.00 Check Professional Convergence Solutions, Inc 03/08/2023 PCS0308231 Office set-up, new employee $200.00 Check Roto-Rooter Sewer/Drain Service 02/27/2023 510-24843422 CCP, clear sewer pipe $561.00 Check Roto-Rooter Sewer/Drain Service 02/27/2023 510-24843724 Library, clear drain pipe $561.00 Check Rural Pig Management, Inc 03/01/2023 CC030123 Pig control March 2023 $3,000.00 Check SCA of CA, LLC 02/28/2023 105330CS Street sweeping February 2023 $4,500.00 Check Site One Landscape Supply, LLC 02/16/2023 126932195-001 CCP -Irrigation parts, turf seed, marking flags $2,279.61 Check Site One Landscape Supply, LLC 02/23/2023 127070591-001 Sand $510.39 Check Site One Landscape Supply, LLC 03/03/2023 127305693-001 Gloves, shovels $143.79 Check Staples Business Credit 02/25/2023 1647286391 Office supplies $399.53 Check Stericycle Inc 03/01/2023 3006367840 Medical waste disposal $71.66 Check Sterling Infosystems, Inc 02/28/2023 9322873 New employee record search February 2023 $157.72 Check T Mobile 03/01/2023 981497076 02/23 PD cell phones February 2023 $523.10 Check Theis Engineering & Associates 03/09/2023 CLA2302 A-G Engineering svcs February 2023 $64,915.75 Check Unique Pest Control 11/11/2022 1111221 Gopher/Ground Squirrel control November 2022 $495.00 Check Unique Pest Control 12/14/2022 1214221 Gopher/Ground Squirrel control December 2022 $895.00 Check Valmont Industries 12/30/2022 CD2212435 Replacement light pole, property damage repair $11,049.00 Check Verizon Wireless 03/01/2023 9929012394 PW cell phones 1/2/23-3/1/23 $421.90 Check Western Exterminator 02/28/2023 210920C Pest control February 2023 $512.45 Check Workers.com 03/10/2023 135689 Seasonal workers week end 3/5/23 $1,402.22 Check $277,068.85
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 35 0.00 70,173.04 70,173.04
Regular 1 110.82 0.00 110.82
Totals 36 110.82 70,173.04 70,283.86 ĺ 70,283.86
Payroll Checks Check Type Agency Type Count Net Check Dir Dep Amount Net Amount Agency EFSDU 1 0.00 358.15 358.15
Agency Regular 1 0.00 663.50 663.50
Totals 2 0.00 1,021.65 1,021.65 ĺ 1,021.65
Total Net Payroll Liability 110.82 71,194.69 71,305.51 ĺ 71,305.51 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 96,385.08 96,385.08 California SITW Semi-Weekly 95,660.08 95,660.08 4,094.53 Totals 4,094.53 0.00 ĺ 4,094.53
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 96,385.08 8,128.19 8.13 California SUI 0.020000 Quarterly 96,385.08 8,128.19 162.56 Totals 0.00 170.69 ĺ 170.69
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 95,660.08 95,660.08 10,756.36 Medicare Semi-Weekly 96,385.08 96,385.08 1,397.62
Medicare - Employer Semi-Weekly 96,385.08 96,385.08 1,397.58 OASDI Semi-Weekly 2,950.00 2,950.00 182.90
OASDI - Employer Semi-Weekly 2,950.00 2,950.00 182.90
Totals 12,336.88 1,580.48 ĺ 13,917.36
Total Tax Liability 16,431.41 1,751.17 ĺ 18,182.58
Transfers
Type Date Source Account Amount
Dir Dep 3/9/2023 70,173.04
Tax 3/9/2023 18,182.58
Total Payroll Liability 89,488.09 ĺ 89,488.09
Paylocity Corporation
(888) 873-8205
Run on 3/6/2023 at 6:30 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Page 1 of 2 ends

Check Date: 03/10/2023
Pay Period: 02/20/2023 to 03/05/2023
Process: 2023031001
Trust 3/9/2023 110.82
Trust Agency 3/9/2023 1,021.65
Totals Transfers 89,488.09 ĺ 89,488.09
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 3/15/2023 4,094.53 ( Deposit made by Service Bureau ) Federal Income Tax 3/15/2023 13,917.36 ( Deposit made by Service Bureau ) California SUI 5/1/2023 170.69 Total Tax Deposits 18,182.58
Paylocity Corporation
(888) 873-8205
Run on 3/6/2023 at 6:30 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Page 2 of 2 ends

Check Date: 03/10/2023
Pay Period: 02/20/2023 to 03/05/2023
Process: 2023031001
Agenda Item: 4(c)

Page 1 of 3 ends

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dana Ayers, AICP, Community Development Director
DATE: March 21, 2023
SUBJECT: Acceptance of the 2022 General Plan Implementation and Housing Element Annual Progress Report
___________________________________________________________________________

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution accepting the City’s 2022 Housing Element Annual Progress Report (APR) and summary of actions related to implementation of other General Plan policies.

BACKGROUND
Government Code Section 65400 requires the planning agency of each jurisdiction to prepare an annual report on the progress in implementation of the jurisdiction’s general plan and general plan housing element. The report from the jurisdiction’s planning director or staff must be submitted by April 1 of each year to the jurisdiction’s legislative body (city council or board of supervisors), to the State Department of Housing and Community Development (HCD) and to the State Office of Planning and Research (OPR).

HCD uses the APR as a tool to facilitate implementation of a community’s housing element as well as for the tracking and monitoring of progress in addressing statewide housing needs and goals. Jurisdictions must report the number of residential units in all pending development applications, the number of housing units approved or entitled, and the number of final inspections or certificates of occupancy granted for the reporting calendar year.

The APR includes information on a jurisdiction’s progress toward addressing its Regional Housing Needs Allocation (RHNA), including the number of housing units permitted by income level (number of building permits issued), the status of programs in the housing element, and efforts to remove government constraints. HCD also uses the submittal of the report as one

Page 2 of 3 ends

of its threshold requirements for local public agencies to qualify for certain State grants or program funds. The data reported in the APR is provided to HCD for informational purposes only and does not affect certification status of the housing element for the current cycle.

This Agenda report and the attached Resolution also summarize actions taken by the City during the calendar year 2022 with respect to other policies in the Clayton General Plan.

DISCUSSION
This report for the City of Clayton covers the calendar year of January 1 to December 31, 2022. In that timeframe, the Council considered various actions that relate to adopted policies of the Clayton General Plan and Housing Element.

The City’s Capital Improvement Program (CIP), adopted on June 21, 2022, included a list of and appropriations for various infrastructure projects. Projects listed in the CIP implement multi-modal transportation policies in the General Plan, by enhancing pedestrian or bicycle mobility by adding pedestrian or bicycle facilities (Pine Hollow Road Upgrades [CIP No. 10379], Downtown Pedestrian Improvement [CIP No. 10450]), or by providing enhancements to existing pedestrian curb ramps to ensure accessibility for persons with various physical abilities (ADA Transition Compliance Program [CIP 10394A], North Valley Playground Rehabilitation [CIP No. 10442]). Street maintenance and rehabilitation programs are again included in this fiscal year’s CIP and would continue the City’s ongoing efforts to implement General Plan Circulation Element policy 9c (Provide systematic upgrade of streets and roads to applicable standards.)
The 2022 calendar year was the eighth and final year of the fifth-cycle, 2015-2023 Housing Element. The City has taken various steps during these eight years to implement the majority of the approved programs of the adopted and HCD-certified 2015-2023 Housing Element, including initiation of a program to create six pre-reviewed plans for accessory dwelling units, to aid property owners in streamlining the design and permitting process for construction of ADUs on existing developed residential properties (consistent with Housing Element Policy I.3). The City granted zoning approval for five ADUs in 2022, above the target set in Housing Element Implementation Program I.3.1. The City also continued its efforts to cooperate with potential developers of housing for special needs populations on existing sites of religious institutions in the City (consistent with Housing Element Implementation Program II.1.1), and reviewed and evaluated updates to its inventory of housing opportunity sites as part of its Housing Element Update for the sixth cycle (Housing Element Implementation Measure I.1.1).

This year’s APR also acknowledges affordable and market-rate housing units permitted in the City in calendar year 2022. More specifically, the 2022 APR recognizes the issuance of building permits for 17 single-family houses and three ADUs in the Diablo Meadows residential development (entitled in February 2021). Of these units in the Diablo Meadows development, one single-family residence is deed-restricted for occupancy by a ModerateIncome household, and one ADU is deed-restricted for occupancy by a Low-Income household. The remaining 16 single-family residences have been categorized as Above-

Page 3 of 3 ends

Moderate units, and the two other ADUs are categorized as affordable-by-design, non-deedrestricted Low-Income units by nature of their efficiency (studio) floor plan. In 2022, the City also issued zoning approval for four ADUs and one junior ADU, above the two-unit target set in Housing Element Implementation Measure I.3.1. (Note: One ADU and the junior ADU received zoning clearance at the end of calendar year 2022 but did not receive building permits in 2022. Because the units did not receive building permits during the reporting year, they are not included in the summary of permitted units on the last page of the attached spreadsheet.)

FISCAL IMPACT
There are nominal costs related to staff time and printing costs associated with the filing of this report.

ATTACHMENTS

1. Resolution Accepting the 2022 General Plan Implementation Summary and Housing Element Annual Progress Report
Exhibit A to Resolution: Clayton Housing Element Annual Progress Report, 2022 Resolution No. -2023 Page 1 of 2 March 21, 2023
RESOLUTION NO. ___-2023

A RESOLUTION APPROVING THE CITY OF CLAYTON
2022 GENERAL PLAN IMPLEMENTATION SUMMARY AND HOUSING ELEMENT

ANNUAL PROGRESS REPORT

THE CITY COUNCIL
City of Clayton, California
WHEREAS, Government Code Section 65400 requires the Planning Agency of the City of Clayton, California, to prepare an annual report on the City’s progress in implementing the its General Plan and Housing Element using forms and definitions adopted by the California Department of Housing and Community Development (HCD); and WHEREAS, during the reporting period of January 1 through December 31, 2021, the City Council considered various actions that relate to adopted General Plan policies. The City’s Capital Improvement Program (CIP), adopted on June 21, 2022, included a list of and appropriations for various infrastructure projects. Projects listed in the CIP implement multimodal transportation policies in the General Plan, by enhancing pedestrian or bicycle mobility by adding pedestrian or bicycle facilities (Pine Hollow Road Upgrades [CIP No. 10379], Downtown Pedestrian Improvement [CIP No. 10450]), or by providing enhancements to existing pedestrian curb ramps to ensure accessibility for persons with various physical abilities (ADA Transition Compliance Program [CIP 10394A], North Valley Playground Rehabilitation [CIP No. 10442]). Street maintenance and rehabilitation programs are again included in this fiscal year’s CIP and would continue the City’s ongoing efforts to implement General Plan Circulation Element policy 9c (Provide systematic upgrade of streets and roads to applicable standards; and
WHEREAS, the 2021 Housing Element Annual Progress Report (APR) includes information on the City of Clayton’s progress in addressing its assigned Regional Housing Needs Allocation, including the total number of housing units submitted as part of a development application, the number of housing units entitled, the number of housing units by income level for which a building permit was issued or finalized, the status of programs in the Housing Element, and efforts to remove government constraints for the reporting period; and
WHEREAS, the 2022 calendar year was the eighth and final year of the fifth-cycle, 2015-2023 Housing Element. The City has taken various steps during these eight years to implement the majority of the approved programs of the adopted and HCD-certified 2015- 2023 Housing Element. Efforts made during the 2022 calendar year included initiation of a program to create six pre-reviewed plans for accessory dwelling units, to aid property owners in streamlining the design and permitting process for construction of ADUs on existing developed residential properties (consistent with Housing Element Policy I.3). The City granted zoning approval for five ADUs in 2022, above the target set in Housing Element Implementation Program I.3.1. The City also continued its efforts to cooperate with potential developers of housing for special needs populations on existing sites of religious Resolution No. -2023 Page 2 of 2 March 21, 2023
institutions in the City (consistent with Housing Element Implementation Program II.1.1), and reviewed and evaluated updates to its inventory of housing opportunity sites as part of its Housing Element Update for the sixth cycle (Housing Element Implementation Measure I.1.1); and
WHEREAS, this year’s APR also acknowledges affordable and market-rate housing units permitted in the City in calendar year 2022. More specifically, the 2022 APR recognizes the issuance of building permits for 17 single-family houses and three ADUs in the Diablo Meadows residential development (entitled in February 2021). Of these units in the Diablo Meadows development, one single-family residence is deed-restricted for occupancy by a Moderate-Income household, and one ADU is deed-restricted for occupancy by a LowIncome household. The remaining 16 single-family residences have been categorized as Above-Moderate units, and the two other ADUs are categorized as affordable-by-design, nondeed-restricted Low-Income units by nature of their efficiency (studio) floor plan. In 2022, the City also issued zoning approval for four ADUs and one junior ADU, above the two-unit target set in Housing Element Implementation Measure I.3.1; and WHEREAS, at a public meeting held on March 21, 2023, the Clayton City Council considered the City’s proposed on General Plan implementation and Housing Element Annual Progress Report for 2022, including the Agenda Report and all other public comments and discussion thereon, and determined the Reports to be satisfactory and acceptable for submittal to HCD and to the State Office of Planning and Research.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton, California, does hereby accept the 2022 report on General Plan implementation and the 2022 Housing Element Annual Progress Report, a copy of which is attached hereto labeled as Exhibit A and incorporated herein as if fully set forth.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 21st day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jeff Wan, Mayor
ATTEST:

Janet Calderon, City Clerk
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
2_22_23
Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.
6000 Heritage Trail
Clayton
94517
Dana
Ayers
Community Development Director
[email protected]
9256737343
Mailing Address
Please Start Here
General Information
2022
Clayton
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Annual Progress Report January 2020
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 1 0 4 0 5 5 0 119582001 341 Chardonnay Cir ADU BP-18-2022 ADU R
2/24/2022
1 1 1 No No
120104004 1463 El Camino Dr ADU BP-38-2022 ADU R 3/24/2022 1 1 1 No No 118164039 1542 O'Hara Ct ADU BP-57-2022 ADU R 5/13/2022 1 1 1 No No 121081008 1036 Panadero Ct ADU and JADU BP-139-2022 ADU R 12/16/2022 1 1 2 2 No No 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 1 2 1 3 16 23 0 0 0 0 0 0 0 0 0 0 0 0 119582001 341 Chardonnay Cir ADU BP-18-2022 ADU R
0 1 5/10/2022 1 12/7/2022 0 0 N
ADU is 1 br. 2022 State HOME
Rent Limits (June 2022) estimate
market rent for 1-br units above
the affordability for low-income
households. However, ADU is
affordable by nature of its smaller
size relative to above-moderate
market-rate units.
120104004 1463 El Camino Dr ADU BP-38-2022 ADU R
0 1 7/13/2022 1 0 0 N
ADU is 2 br. 2022 State HOME
Rent Limits (June 2022) estimate
market rent for 2-br units above
the affordability for low-income
households. However, ADU is
affordable by nature of its smaller
size relative to above-moderate
market-rate units.
118164039 1542 O'Hara Ct ADU BP-57-2022 ADU R
0 1 8/31/2022 1 0 0 N
ADU is 1 br. 2022 State HOME
Rent Limits (June 2022) estimate
market rent for 1-br units above
the affordability for low-income
households. However, ADU is
affordable by nature of its smaller
size relative to above-moderate
market-rate units.
121090023 5835 Diablo
Meadows Ct Diablo Meadows BP-140-2021 SFD O 0 1 5/17/2022 1 0 0 N 121090024 5831 Diablo
Meadows Ct Diablo Meadows BP-132B-2021 SFD O 0 1 5/17/2022 1 0 0 N 121090025 5829 Diablo
Meadows Ct Diablo Meadows BP-133-2021 SFD O 0 1 5/17/2022 1 0 0 N 121090026 5827 Diablo
Meadows Ct Diablo Meadows BP-134-2021 SFD O 0 1 5/17/2022 1 0 0 N 121090027 5823 Diablo
Meadows Ct Diablo Meadows BP-135-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090028 5819 Diablo
Meadows Ct Diablo Meadows BP-136-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090030 5806 Diablo
Meadows Ct Diablo Meadows BP-138-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090031 5808 Diablo
Meadows Ct Diablo Meadows BP-139-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090032 5812 Diablo
Meadows Ct Diablo Meadows BP-140-2021 SFD O 0 1 5/17/2022 1 0 0 N 121090033 5816 Diablo
Meadows Ct Diablo Meadows BP-141-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090034 5818 Diablo
Meadows Ct Diablo Meadows BP-142-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090035 5822 Diablo
Meadows Ct Diablo Meadows BP-143-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090036 5826 Diablo
Meadows Ct Diablo Meadows BP-144-2021 SFD O 0 1 5/17/2022 1 0 0 N 121090036 5826 Diablo
Meadows Ct Diablo Meadows BP-144-2021 ADU R
0 1 5/17/2022 1 0 0 N
ADU is a studio unit. 2022 State
HOME Rent Limits (June 2022)
estimate market rent for efficiency
units at the high end of the range
for affordability for low-income
households
121090037 5828 Diablo
Meadows Ct Diablo Meadows BP-145-2021 SFD O 0 1 5/17/2022 1 0 0 N 121090038 5832 Diablo
Meadows Ct Diablo Meadows BP-146-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090038 5832 Diablo
Meadows Ct Diablo Meadows BP-146-2021 ADU R
0 1 5/19/2022 1 0 0 N
ADU is a studio unit. 2022 State
HOME Rent Limits (June 2022)
estimate market rent for efficiency
units at the high end of the range
for affordability for low-income
households
121090039 5836 Diablo
Meadows Ct Diablo Meadows BP-147-2021 SFD O 0 1 5/19/2022 1 0 0 N 121090040 5838 Diablo
Meadows Ct Diablo Meadows BP-148-2021 SFD O 0 1 5/19/2022 1 0 0 N INC 55 121090040 5838 Diablo
Meadows Ct Diablo Meadows BP-148-2021 ADU R 0 1 5/19/2022 1 0 0 N INC 55 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - 1 -
Non-Deed Restricted - - 1 1 - - 3 2 2 -
Deed Restricted - - - - - - - - 1 -
Non-Deed Restricted - - - - - - - - 3 -
Above Moderate 34 - - - 8 - - - - 16 - 24 10
141
- - 1 9 - - 3 2 23 - 38 103
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
26 - - - - - - - - - - 26
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
27 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
4 Moderate
51 25
31 Please contact HCD if your data is different than the material supplied here 10 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
51 15
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Clayton
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Implementation Measure
I.1.1
To ensure adequate available sites to meet
the City's RHNA, the City willl maintain an
inventory of sites available and appropriate
for residential development for housholds at
all income levels.
12/31/2023 The City has continued to maintain adequate sites available and appropriate for residential development for households at all income levels.

Implementation Measure
I.1.2
The City will amend the Multi-Family High
Density (MHD) General Plan land use
designation or otherwise amend the
General Plan and/or Zoning Ordinance as
needed to meet state requirements specific
to sites rezoned to accommodate the City's
lower-income RHNA from the 2007-2014
planning period, specifically to allow
multifamily housing by-right on these sites
at a minimum density of 20 units per acre.
1/31/2016
The City established Affordable Housing Plan guidelines (contained in the City's Housing Element) and continued to inform potential housing developers of this requirement. The City Council approved a General Plan amendment on July 19, 2016, changing the allowable density in Multi-Family High Density (MHD) from 15.1 to 20 units per acre to 20 units per acre. On August 16, 2016, the City Council passed and adopted an Ordinance requring multifamily housing types to meet the minimum density limits as set forth in the General Plan. The above was the last action required by the City to meet state law (Gov Code Section 65583.2(h) and (i)).

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Implementation Measure
I.2.1
For residential projects of 10 or more units,
developers will be required to develop an
Affordable Housing Plan that requires a
10% minimum of the units to be built or
created as affordable housing units.
12/31/2023
On August 16, 2016, the City Council passed and adopted an Inclusionary Housing Ordinance, which provided the details of the Affordable Housing Plan as identified in Implementation Measure I.2.1. This Ordinance requires that 10 percent of the units for ownership residential projects containing 10 or more units to be established as affordable housing units. On January 15, 2019, the City Council passed an Ordinance to apply the same inclusionary housing requirements to rental housing projects as allowed for by Assembly Bill 1505. Entitlements for the Diablo Meadows and Oak Creek Canyon singlefamily residential developments approved in February 2020 and July 2021, respectively, each included commitments and requirements for deed restriction of at least 10 percent of the developments' units as affordable to low or moderate income households.

Implementation Measure
I.3.1
The City Shall continue to promote the
development of second dwelling units and
will aim to approve two second dwelling
units a year.
12/31/2023
The City has continued to promote accessory dwelling units (ADUs) and provides informational handouts. The City issued zoning clearance for three accessory dwelling units in each of the 2020 and 2021 calendar years. In 2021, the City entitled two housing developments (Diablo Meadows and Oak Creek Canyon), which will include four ADUs between them; building permits for three of the ADUs were issued in 2022. In addition to building permits for ADUs in new developments, in 2022, the City issued zoning approvals for four ADUs and one junior ADU unit on existing properties previously developed with single-family houses in the City. In 2022, the City also initiated a contract with a design firm for the preparation of six pre-reviewed ADU plans to make available to property owners, to abbreviate owners' design and permitting processes for ADUs.

Implementation Measure
I.4.1
To encourage development of mixed-use
projects in Town Center, the City has
adopted the Specific Plan which details
policy direction, standards, and guidelines
that encourage mixed-use and
secondstory residential. The City will
promote development opportunities in the
Town Center. The City will facilitate the
development of at least one-mixed use
project within the planning period.
12/31/2023
The City has continued to promote and encourage mixed-use development in the Town Center through the availability of the Specific Plan and discussions with potential developers. The Town Center Specific Plan is available at City offices as well as on the City's website. On October 20, 2020, the City initiated a study to evaluate land use options for development of the City-owned property on Oak Street and Clayton Road in the Specific Plan area.

Implementation Measure
II.1.1
Work with housing providers to address
special housing needs for seniors, large
families, female-headed housholds, singleparent households with children, persons with disabilities and development
disabilities, farmworkers, and homeless
individuals and families. The City will aim to
work with housing providers on at least one
project serving a special needs group
during the planning period.
12/31/2023
The City continues to discuss special needs populations with potential housing providers.

On March 3, 2020, the City Council approved Planning entitlements for an 81-unit senior residential development with seven units to be reserved for rent to very-low income households.

Implementation Measure
II.1.2
The City shall amend the Zoning Ordinance
to speficaially allow employee housing for
six or fewer residents as a permitted use in
residential zoning districts.
12/31/2015
On August 16, 2016, the City Council adopted an Ordinance specifically allowing employee housing for six or fewer residents as a permitted use in residential zoning districts, in compliance with Health and Safety Code Section 17021.5.

Implementation Measure
II.1.3
The City shall amend the Zoning Ordinance
to allow transitional and supportive housing
in the LC (Limited Commercial) zoning
district as a residential use subject only to
the requirements of other residential uses in
this district in compliance with Senate Bill 2
(2007).

One to two years after HE
adoption
On August 16, 2016, the City Council adopted an Ordinance allowing transitional and supportive housing in the LC zoning district subject only to the requirements of other residential uses in this district.

Implementation Measure
II.2.1
The City shall authorize regulatory
incentives and concessions for
development projects that include
extremely low-, very low- and low-income
housholds and special needs groups
including disabled and developmentally
disabled persons. These incentives and
concessions include flexibility in
development standards, reduction or
deferral of certain development fees,
priority application processing, and density
bonus. The City will aim to facilitate the
development of at least one affordable or
special needs project during the planning
period.
12/31/2023
The City's Zoning Ordinance allows for flexibility in standards as well as a density bonus for affordable housing developments. The City also has continued to consider regulatory incentives and concessions such as a reduction or deferral in certain development fees and priority application processing. On March 3, 2020, the City Council approved Planning entitlements, including a density bonus with concessions and waivers, for an 81- unit senior residential development with seven units to be reserved for rent to very-low income households.

Implementation Measure
II.2.2
The City shall monitor the impact of
development fees and consider waiving or
deferring fees for affordable housing
projects, if and when funding is available.
12/31/2023 The City has continued to monitor the impact of development fees and to consider waiving or deferring fees if there is funding available.

Implementation Measure
III.1.1
The City shall continue to refer interested
persons to the Contra Costa County's
Mortgage Credit Certificate Program, the
Mortgage Revenue Bond Program, and the
Owner-Occupied Housing Regabilitation
Program. The City will continue to
disseminate information regarding Contra
Costa Housing Authority's Lower-Income
Rental Assistance Program and Aftercare
Certificates as information becomes
available.
12/31/2023
The City has continued to promote assistance for first-time homebuyers and lowerincome renters by referring inquiries to County programs and by disseminating information as it becomes available.

Implementation Measure
III.1.2
The City shall seek funding to develop and
implement a down payment assistance
program for first-time homebuyers by
working with the County or by developing its
own program that can be used with the
Mortgage Credit Certificate Program, new
inclusionary units or alone.
12/31/2015
The City explored funding cources such as CalHome and HOME and did not find any funding sources available for this use. The City will continue to seek funding in order to implement a down payment assistance program for first time homebuyers.

Implementation Measure
III.1.3
The City shall review potential funding
opportunities through the County HOME
program and apply for funding for
applicable projects when development
opportunities arise.
12/31/2023 The City does not have any eligible projects.

Implementation Measure
III.2.1
The City will continue to maintain and
annually update the inventory of affordable
housing projects and identify those that may
be at risk of converting to market rate in the
future.
12/31/2023
The City continues to maintain and annually update the inventory of affordable housing, which includes the timeframe of affordability expiration. Annual reports for the privatelyowned affordable housing units are required to be submitted to the City.

Implementation Measure
IV.1.1
The City shall review its Zoning Ordinance,
policies, and practices to ensure
compliance with fair housing laws.
12/31/2023
The City continually reviews its Zoning Ordinance, policies and practices to ensure compliance with fair housing laws. The City performs updates and amendments when necessary to ensure compliance.

Implementation Measure
IV.2.1
The City will provide information on
proposed affordable housing projects to the
public through the City's public hearing
process in the form of study sessions,
public hearings, and public meetings.
12/31/2023
The City ensures the public is notified of any City hearings on development projects, including affordable housing projects. For any such hearings, notice would be placed on community boards within the City, published in the local newspaper of general circulation (East Bay Times) when required, and mailed by first class mail to owners of property within a 300-foot radius of the proposed project site and other parties expressing interest in a project.

Implementation Measure
IV.3.1
The City shall continue to distribute public
information brochures on reasonable
accommodations for disabled persons and
enforcement programs of the California Fair
Employment and Housing Council.
12/31/2023 The City currently distributes and will continue to distribute public information brochures on reasonable accommodation for disabled persons and enforcement programs.

Implementation Measure
IV.3.2
The City will continue to implement its
universal design ordinance and continue to
distribute its brochure on universal design
standards, resources for design, and
compliance with City requirements.
12/31/2023
The City continues to implement its universal design ordinance (Clayton Municipal Code chapter 15.92) as projects come forward and continues to distribute brochures on universal design.

Implementation Measure
V.1.1
The City shall continue to provide energy
conservation brochures at City Hall and the
Clayton Community Library.
12/31/2023
The City provides and will continue to provide energy conservation brochures at City Hall and at the Clayton Community Library. The City has also dedicated a page on its website to Green Building, which includes energy conservation through building design.

Implementation Measure
V.1.2
The City will review and consider possible
amendments to the General Plan, Zoning
Ordinance, and related policy and
regulatory documents to improve energy
conservation beyond CalGreen Tier 1
standards.
12/31/2017
The City supports and will continue to support energy conservation by encouraging Green Building in both new development and remodels. In 2018, the City dedicated a page on its website to Green Building, which includes energy conservation through building design.

Implementation Measure
V.1.3
The City will expore home energy and water
efficiency improvement financing
opportunities available through PACE
programs, such as HERO or Figtree.
12/31/2023 The City has previously opted into three different PACE programs: HERO, Figtree and CaliforniaFirst. (HERO and FigTree PACE no longer exist.) Implementation Measure
IV.1.1
The City shall continue to support
responsible state legislation which allows
municipalities to enter into equitable
agreements with other entities to transfer
and financially participate in the provision of
fair-share housing units closer to
transportation centers and work centers
outside the city limits, while retaining full
credit for transferred units.
12/31/2023
Clayton is not a regional jobs center and is not well served by transit. Regional planning goals include focusing development near transit and jobs. The State legislature continues to pass laws, such as Senate Bill 10 in 2021, that encourage such development approaches; however, over the past decade, little legislative interest has been shown to allow jurisdictions to "trade" regional housing allocations among themselves.

Implementation Measure
VI.1.2
The City shall continue to participate in
regional efforts addressing housing,
employment, and transportation.
12/31/2023
The City participates in regional efforts addressing housing, employment, and transportation issues by being involved in ABAG's Plan Bay Area process and TRANSPAC (regional transportation planning committee for central Contra Costa County).

Implementation Measure
VI.1.3
The City shall continue cooperation with the
regional/countywide housing task force. 12/31/2023 The City cooperates with and will continue to cooperate with the regional/countywide housing task force.

Implementation Measure
VI.1.4
The City shall continue to work with the
Association of Bay Area Governments on
FOCUS program implementation.
12/31/2023
Many of the FOCUS initiatives have limited application to Clayton given the lack of transit service and little land available to create employment centers. However, the City recognizes that its Town Center has the potential to support more dense housing that could enhance the walkability of the district and make more efficient use of land resources.

General Comments
Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
Jurisdiction Clayton
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Jurisdiction Clayton Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020
Jurisdiction Clayton ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Jurisdiction Clayton
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 2
Deed Restricted 1
Non-Deed Restricted 3
16 23
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 17 0
2 to 4 0 0 0
5+ 0 0 0
ADU 0 6 0
MH 0 0 0
Total 0 23 0
4 5
5 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Jurisdiction Clayton
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Task 1: Housing Element
Preparation $65,000.00 $65,000.00 REAP
Reimbursement
request is pending,
was submitted to HCD
on October 4, 2022.

Task 2: HCD Coordination,
Revisions and Adoption of the
Housing Element
$0.00 $0.00 Local
General Fund
Initial review of draft
HE by HCD occurred
between July and
October 2022. City
addressed HCD staff
comments, and City
Council adopted the
HE on January 17,
2023. Adopted HE
resubmitted to HCD on
January 31, 2023.

Task 3: Adopted Housing Element
Initial Implementation $0.00 $0.00 Local
General Fund
Drafting of zoning map
and text amendments
is underway.

Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 65,000.00
Task Status
Completed
Other (Please Specify in Notes)
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 2
Deed Restricted 1
Non-Deed Restricted 3
16 23
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Moderate
Above Moderate
Total Units
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Agenda Item: 4(d)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: March 21, 2023
SUBJECT: Establishing 2023/2024 Equivalent Ruoff Unit (ERU) Assessment Rate for Federal and State Mandated National Pollution Discharge Elimination System (NPDES) Program (Storm Water Pollution Prevention) ___________________________________________________________________________

RECOMMENDATION
Staff recommends that the City Council adopt the resolution (Attachment 1), establishing the Rate per Equivalent Runoff Unit (ERU) for FY 2023/2024, and requesting the Contra Costa Flood Control and Water Conservation District to adopt an Annual Parcel Assessment for Drainage and Maintenance and the National Pollutant Discharge Elimination System (NPDES), maintaining the current ERU Rate at $29.00 per single-family parcel.

BACKGROUND
The 1987 Reauthorization of the Federal Clean Water Act, as well as similar State legislation, required local agencies to obtain a NPDES Permit for discharging the contents of municipal storm drainage water conveyance systems. As implemented and enforced by the State through the Regional Water Quality Control Board (San Francisco Bay Area Region), this permitting effort is intended to improve water quality in the Delta and San Francisco Bay Estuary System, protect endangered species, and safeguard public waters and waterways for continued economic, recreation and health purposes. Stormwater runoff pollution has been identified as a significant impact on water quality and wildlife in the Bay Area by the State and Federal Governments. During wet weather, large amounts of pollutants, such as oil and grease from automobiles, heavy metals from vehicle exhaust and brake pads, such as copper and lead, pesticides, herbicides and fertilizers from lawns and gardens, soil erosion, and biological material enter the storm drain system and ultimately empty, untreated, into creeks, waterways, the Delta and the Bay
The City participates and obtained its joint NPDES permit from the SF Regional Water Quality Control Board via the Contra Costa Clean Water Program whose participants include the cities within the County, the County and the Flood Control District. The City of Clayton has participated since its inception in September 1993. The SF Regional Water Quality Control Board issued the Municipal Regional Permit 3.0 (MRP 3.0), which began July 1, 2022 and extends to June 30, 2027. MRP 3.0 covers many counties and cities in the Bay Area. The MRP 3.0 permit allows the City and other jurisdictions to utilize the storm water drainage system for the discharges into creeks that ultimately drain into the Bay. This joint participation allows for the program management and permit process costs to be kept to a minimum through economies of scale and local and regional collaboration, at a fraction of the cost of doing it alone. The program provides for a regional approach to stormwater pollution control, regional monitoring, public education and outreach, technical support and training, special studies and NPDES permit administration requirements.

The cost of meeting the obligations of the increased requirements contained in the MRP 3.0 have been and are expected to continue to exceed City revenues received from the ERU.

Although it is difficult to fully identify all future additional costs at this point, current compliance costs are projected to outpace revenues in FY 2023/24. Requirements contained in our current permit MRP 3.0 include more elimination of litter going into storm drains; more monitoring and reporting on our storm drain inlets trash capture devices (which capture litter before going to the creek), and “green infrastructure” which sets forth standards for cities to redirect their existing storm drainage water into landscape areas.

AUGMENTED FUNDING DENIED:

When the program was originally established in 1993, the rate cap for the current parcel fee in Clayton was set by the City Council at $29/ERU. Because other members of the Clean Water Program also have the same issues (costs exceeding available revenue available from the ERU rate) a cost/revenue analysis was undertaken by the Contra Costa Clean Water Program to evaluate possible additional funding mechanisms for the added requirements of the MRP. The Clean Water Program attempted three times the pursuit of legislation to add stormwater to the definitions of other utilities such as sewer and water and was not successful in receiving needed legislative support, and there is no support by the governor and his staff.

It was after these statewide attempts proved fruitless, our straining local funding and the continuing increased requirements by state regulating agencies that led to the 2012 Prop 218 property owner vote for a new parcel fee. The new second revenue measure did not pass.

Local assessments for stormwater quality protection have been maxed out since 2000— while compliance costs continue to increase. Additional state legislation is being pursued to establish a process to allow for future local voter consideration of new stormwater revenues.

However, in order to continue to receive the City’s existing current ERU rate of $29 per single family parcel (the same amount levied since FY1999/2000) it must be levied. Failure to levy this fee would result in the City supplant this revenue source (approx. $127,700) from another funding source such as the General Fund, Rainy Day Fund 110, and/or a local city specific revenue measure since the regional Prop 218 measure did not receive sufficient voter support for passage.

DISCUSSION
Staff currently participates, as is required by the Program agreement and state permit, on the Clean Water Program's Development Construction Controls/Green Infrastructure Committee, Administration Committee, and Management Committee; and as needed in the Monitoring and Inspection Committee, and the GIS workgroup. City staff typically attends and participates in 4-5 meetings per month.

One of the largest components of the unfunded mandates was the trash load analysis and reduction program that cities had to undertake. This provision required cities to reduce their trash pollution load by 40% by 2014, and completely eliminate (100% reduction) by 2020.

The City of Clayton installed 25 trash capture devices and has reduced its trash load to the 100% level at this time, about 5 years before the deadline. Clayton is one of only a few cities in Contra Costa County and the Bay Area that has met this goal ahead of the mandated deadline. The trash capture devices and their installation were covered through ABAG grants that the City received.

However, there were not any new funds to address the mandated studies and documentation that cities must file as part of its Annual Report to the State. They include mandatory maintenance items such as clearing of trash along specific areas of creeks and drainage inlets; the quantification of the materials collected; enforcement action (issuance of citations) to individuals for pollution runoff; creeks and waterways testing, mapping, monitoring and of all creeks and all outfalls to creeks, and specific on-going litter removal down to the size of a cigarette butt of litter on certain distance of creek segments and the cleaning of drainage inlets (we currently do public inlets only). The reporting format requires cities to use computer data base for mapping, reporting and monitoring information and transmitting electronically to the SF Regional Water Board where they will post to a public accessible web site. The Clean Water Program is establishing a cloud-based GIS mapping project where we will have access to GIS data base, therefore at this time there is not a need to undertake an individual city effort to comply with this permit requirement.

Overall, the City’s total Stormwater related costs are comprised of two components, one consisting of the pro rata share of Clean Water group costs based upon population. The other is the management and maintenance activities undertaken by the City and its contracts with others for required activity implementation and monitoring and reporting. All program staff and permittees (cities and county) have been and continue to make strong efforts to control costs at the program level. However, funds for the MRP 3.0 permit, technical and legal work, education and outreach, implementation of programs to address recent pollutants of concerns (PCB, Mercury, Lead, Nickel etc.), ongoing trash load reduction management, green infrastructure analysis/implementation, enforcement compliance enforcement for construction site practices, and commercial operations, have increased these State unfunded mandate costs on cities and counties.

ASSESSMENT AND PROGRAM BUDGET:

Due to the implementation by the Program of unfunded mandate permit requirements by the SF Regional Board, the Group’s Clean Water Program Budget will remain the same as last FY at $3.5 million. For the last few years and through 2023 increased costs were addressed by Program reserve carry over or encumbrances of this year’s funds to help reduce or smooth out increases; thus minimizing the impact (reduction) in return to source funds. In future years there is no reserve available and there are likely to be additional permit requirements and associated costs with the SF Regional Water Board MRP 3.0 issuance.

For FY 2023/2024 the City of Clayton's pro rata share (based on countywide population) of the Contra Costa Clean Water Program cost is 0.94% ($32,874) of the total annual program budget of $3.5 million. Future program cost increases and lack of carryover/reserve funding in the future years will continue will generally result in less return to source funds to undertake the added local city permit requirements.

It is currently estimated that for FY 2023/24 the gross revenues from Clayton’s stormwater utility assessment will total approximately $127,691. The City’s SUA revenues include the following expenditures: $32,874 is allocated to the Clean Water Program administration and group expenses; $3,800 to the County Auditor for costs related to assessment collection; $8,000 to the Sanitary District for commercial inspection, monitoring and municipal requested call out inspections; $3,000 to the District for fiscal and assessment area management, $3,000 for program reserve, and $11,000 for our annual state discharge permit fee. Thus, the remaining return to source funds available to the City, for all other activities in FY 2023/24 is approximately $66,000.

The majority of the remaining return to source funds ($66,000) are directly spent on staff/city engineer labor costs of participating in the Clean Water Program and performing maintenance activities required by the program, such as storm drain inspection and cleaning, creek clearing; responding to spill calls; the remaining is divided between equipment and materials; monitoring and inspection; and management and reporting. In FY 22/23 budget adoption it was anticipated that the ending fund balance would be $8,499 however due to the departure of the Assistant to the City Manager there is likely some salary/benefit savings this fiscal year that could increase the ending fund balance. Although preliminary projections for FY 2023/2024 anticipate a starting fund balance of $8,499+, it is likely insufficient to cover anticipated expenses (including the City’s consultant engineer taking over the Clean Water duties from in-house staff). City Staff will provide more specific details and projections as part of the City’s overall annual budget process, but it is possible this upcoming fiscal year or shortly thereafter the City may have to default to consider use of its General Fund, General Fund Reserve, Rainy-Day Fund 110 to start covering the rising compliance costs.

To continue the local revenue source necessary to fund the unfunded mandates by federal and state government regulations, the City annually authorizes the Contra Costa Board of Supervisors to direct the Contra Costa Flood Control and Water Conservation District to establish a storm water utility area for the City and to impose benefit assessments on all applicable parcels within the City of Clayton. This item is the annual consideration to request the local assessment levy which provides funding to the Federal and State Clean Water program mandates which the City must undertake and participate in according to Federal and State law. Staff recommends no increase to the rate for FY 2023/24; it will be the same rate as the last 24 fiscal years, which is $29.00 per ERU.

Since the City is not exceeding the current rate cap and not increasing the levy rate, voter approval requirement of Prop. 218 process does not apply. A single family detached dwelling is typically one ERU; homes on lots 20,000 sq. ft. or larger are allocated 1.7 ERU's; attached homes (e.g., townhomes and duets) are 0.7 ERU. This formula is the same throughout all Contra Costa communities and all cities and the County funds their NPDES costs through the ERU assessments.

FISCAL IMPACT
Although a Federal and State Mandated program, cities do not receive any revenues from the Federal and State governments to offset or cover the mandated requirements.

Consequently, the Stormwater Utility Rate and Assessment areas were established in 1993 by the County and the Cities to develop a funding source to cover the costs of the Federal and State mandates.

The recommended assessment for FY 2023/24 is the same rate that is currently in place.

Should the City not authorize the Flood Control District to establish and collect the annual assessments, the City still has the financial and legal responsibility to perform the Permit requirements but would not receive the approx. $127,691 generated by the annual assessment. Mandated activities would need funding from another source, such as the General Fund. It must be noted here the Regional Water Quality Control Board and several court cases have consistently declared that clean storm water is of the utmost state priority and public agencies have been given the tools (i.e.: local taxing authority) to generate additional revenues for these purposes by garnering local voter approval to tax themselves more for this mandate.

Additional implementation measures such as those needed for monitoring and maintenance of new Stormwater facilities required under our mandated permit and installed as part of new construction within Clayton (C3), have been addressed by the City Council to provide for methods that are self-supported by a new development such as Benefit Assessment Districts, Community Facilities Districts, or Homeowners Associations or combination thereof, or other approach that would not financially impact the city and its general funds.

This Council directed policy minimizes potential impacts to the under-funded Stormwater fund or the City’s General Fund for the permanent new development installed specific requirements to meet the new state regulations. However not covered by these are the general overall reporting, enforcement action and trash reduction action plans, commercial inspections, monitoring enhancements required by the regional board are reasons that the current assessment fee should be continued.

CONCLUSION
To continue the same revenue source required to fund the state mandated activities the City annually authorizes the Contra Costa Board of Supervisors to direct the Contra Costa Flood Control and Water Conservation District to impose annual benefit assessments on all applicable parcels within the City of Clayton. The attached Resolution would maintain the current Stormwater Utility Rate assessment of $29.00 per ERU for FY 2023/24.

Attachments: 1. Proposed ERU Resolution for FY 2023/2024

2. Clean Water Program Budget costs and cost sharing formula FY 2023-2024 Resolution No. ##-2023 March 21, 2023
RESOLUTION NO. ##-2023

A RESOLUTION ESTABLISHING THE RATE PER EQUIVILANT RUN-OFF UNIT (ERU) FOR FY 2023/2024 AND REQUESTING THE CONTRA COSTA FLOOD

CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL

PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM

THE CITY COUNCIL
City of Clayton, California
WHEREAS, under the Federal Water Quality Act [33 U.S.C. Section 1342 (p)], certain municipal stormwater discharges require a permit from the appropriate federal or state authorities pursuant to the National Pollutant Discharge Elimination System (NPDES) program; and
WHEREAS, the City of Clayton, in conjunction with other affected jurisdictions within Contra Costa County, applied to the State Regional Water Quality Control Board and received a Joint NPDES Permit which requires the implementation of a Storm Water Management Plan and Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and
WHEREAS, Assembly Bill 2768 (West’s Water Code Appendix, Section 63-12 and 63-

12.9) authorizes the Contra Costa County Flood Control and Water Conservation District (District) to establish Stormwater Utility Areas (SUA) and to levy annual benefit assessments for the purpose of carrying our activities required under the NPDES program; and WHEREAS, it is the intent of the City of Clayton to utilize funds received from its Stormwater Utility Area (SUA) for implementation of the NPDES program and local drainage maintenance activities; and
WHEREAS, at the request of the City of Clayton, the Contra Costa County Flood Control District and Water Conservation District (District) has completed the process for the formation of a SUA, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93-47; and
WHEREAS, the SUA and Program Group Costs payment agreement between the City and the District requires that the City of Clayton annually, by May 1, determine its rate to be assigned to a single ERU for the forthcoming fiscal year; and WHEREAS, the City Council adopted Resolution 9-93, which established the range of the annual assessment to be imposed by the District within the storm water utility area not to exceed $29 per ERU; and
WHEREAS, the City of Clayton has operated at its maximum $29 per ERU rate since FY 1999/00 (the last twenty-four fiscal years) and this same rate is proposed again for FY 2023/2024.

Resolution No. ##-2023 March 21, 2023
NOW THEREFORE, BE IT RESOLVED the City Council of Clayton, California does hereby determine that its real property assessment rate to be assigned to a single ERU for FY 2023/2024 shall be set and assessed at $29.00.

BE IT FURTHER RESOLVED, the City Council of Clayton, California, does hereby request the Contra Costa Flood Control and Water Conservation District to adopt the SUA levies in the City of Clayton based on the above established rate.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 21st day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Jeff Wan, Mayor
I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular public meeting held on March 21, 2023.

ATTEST:

Janet Calderon, City Clerk
Allocation2
% RTS10 Allocation3 % RTS10 Allocation4 % RTS10 Allocation5 % RTS10 Allocation6 % RTS10 Allocation7 % RTS10 Allocation8 % RTS10 Allocation9 % RTS10 Antioch $ 1,265,767 $ 257,816 78.1 $ 307,042 73.9 $306,747 73.9 $344,212 72.2 $342,241 73.0 $341,395 73.0 $342,303 73.0 $348,240 72.5 Brentwood $ 134,488 $ 159,772 $163,938 $191,930 $191,287 $197,573 $200,493 $194,714 Clayton $ 127,691 $ 26,872 78.7 $ 30,466 75.9 $30,299 76.0 $34,801 72.4 $35,014 72.6 $34,397 73.1 $34,179 73.2 $32,874 74.3 Concord $ 2,108,922 $ 300,122 85.3 $ 352,538 82.8 $344,685 83.2 $393,222 80.9 $390,281 81.5 $394,865 81.3 $392,125 81.4 $374,145 82.3 Danville $ 572,191 $ 104,012 81.6 $ 116,505 79.4 $116,412 79.4 $135,163 76.0 $136,024 76.2 $133,123 76.7 $133,181 76.7 $131,193 77.1 El Cerrito $ 414,842 $ 57,820 85.6 $ 66,258 83.5 $66,053 83.6 $75,926 81.3 $76,497 81.6 $75,709 81.7 $75,366 81.8 $77,623 81.3 Hercules $ 320,914 $ 58,980 81.8 $ 67,381 79.5 $68,940 79.1 $80,122 75.7 $78,796 75.4 $77,460 75.9 $78,454 75.6 $78,957 75.4 Lafayette $ 473,470 $ 59,882 86.9 $ 67,742 85.3 $67,662 85.3 $78,106 83.0 $79,105 83.3 $77,685 83.6 $76,919 83.8 $75,849 84.0 Martinez $ 706,348 $ 88,997 85.8 $ 100,719 83.9 $101,115 83.9 $115,986 82.3 $115,652 83.6 $112,583 84.1 $111,708 84.2 $111,692 84.2 Moraga $ 293,176 $ 39,199 86.4 $ 44,882 87.4 $44,777 87.4 $51,729 82.2 $50,897 82.6 $51,416 82.5 $51,020 82.6 $51,764 82.3 Oakley $ 536,297 $ 92,342 81.4 $ 109,102 78.4 $110,623 78.1 $127,083 75.8 $125,474 76.6 $128,830 76.0 $130,114 75.7 $134,767 74.9 Orinda $ 389,339 $ 44,308 88.4 $ 50,959 86.7 $50,842 86.7 $58,451 84.6 $58,517 85.0 $57,675 85.2 $57,870 85.1 $58,945 84.9 Pinole $ 324,151 $ 45,103 85.7 $ 50,932 84.0 $50,950 84.0 $58,564 81.7 $58,586 81.9 $59,180 81.7 $58,752 81.9 $56,373 82.6 Pittsburg $ 1,253,271 $ 160,997 85.5 $ 184,324 83.5 $187,468 83.2 $221,172 81.5 $217,966 82.6 $225,496 82.0 $225,976 82.0 $227,439 81.9 Pleasant Hill $ 496,383 $ 81,327 83.5 $ 92,620 81.2 $93,057 81.1 $106,764 78.3 $105,331 78.8 $103,969 79.1 $103,536 79.1 $102,970 79.3 Richmond $ 255,550 $ 300,003 $300,153 $337,837 $331,830 $337,442 $334,059 $346,470 San Pablo $ 433,734 $ 70,776 83.2 $ 83,792 80.1 $83,380 80.2 $96,184 77.4 $95,601 78.0 $95,310 78.0 $94,157 78.3 $95,356 78.0 San Ramon $ 1,238,510 $ 187,024 84.2 $ 212,987 82.3 $216,284 82.0 $251,605 78.4 $252,268 79.6 $252,187 79.6 $254,383 79.5 $253,658 79.5 Walnut Creek $ 1,300,384 $ 159,187 86.6 $ 190,306 84.0 $190,571 84.0 $215,144 82.0 $210,694 83.8 $214,995 83.5 $216,327 83.4 $211,506 83.7 CC County $ 3,655,945 $ 400,713 88.3 $ 465,102 87.0 $465,739 87.0 $525,212 84.9 $521,037 85.7 $528,710 85.5 $529,080 85.5 $535,464 85.4 Total $ 15,911,333
= No SUA. Stormwater funding from other sources.

8. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2021.

9. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2022.

10. Percentage of Stormwater Utility Assessment (SUA) revenue Returned-to-Source (RTS).

2. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2015.

3. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2016.

4. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2017.

5. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2018.

6. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2019.

7. Allocation of costs based on CA Department of Finance Population Figures - January 1, 2020.

1. Total Stormwater Utility Assessment (SUA) revenue based on FY 2021/22. SUA revenue may increase annually due to new development activity.

Proposed
FY 16/17 Net Budget FY 17/18 Net Budget FY 18/19 Net Budget FY 19/20 Net Budget FY 20/21 Net Budget FY 21/22 Budget Cap FY 22/23 Budget Cap FY 23/24 Budget Cap $3,499,213 $3,473,097 $3,500,000 $3,500,000 $3,500,000
FY 2023/24 Budget Policy Direction and Assumptions
Contra Costa Clean Water Program
Stormwater Utility Assessment (SUA) Revenue, Cost Allocations, and SUA Revenue Return-to-Source (RTS) Percentages (Created 2/2/2023)
Stormwater Utility Assessment
(SUA) Revenue1 (FY 2021/22)
Adopted
$2,625,516 $3,053,432 $3,085,545
City/County/State January 1, 2021 January 1, 2022(1) Percent Prorata % of SUA Budget (3) Change Program (2) Allocation
CONTRA COSTA COUNTY 1,161,324 1,156,555 -0.41% $ 3,500,000 ANTIOCH 115,142 115,074 -0.06% 9.95% $ 348,240
BRENTWOOD 64,224 64,342 0.18% 5.56% $ 194,714
CLAYTON 10,964 10,863 -0.92% 0.94% $ 32,874
CONCORD 124,755 123,634 -0.90% 10.69% $ 374,145
DANVILLE 43,373 43,352 -0.05% 3.75% $ 131,193
EL CERRITO 25,671 25,650 -0.08% 2.22% $ 77,623
HERCULES 26,357 26,091 -1.01% 2.26% $ 78,957
LAFAYETTE 25,217 25,064 -0.61% 2.17% $ 75,849
MARTINEZ 37,195 36,908 -0.77% 3.19% $ 111,692
MORAGA 17,206 17,105 -0.59% 1.48% $ 51,764
OAKLEY 43,627 44,533 2.08% 3.85% $ 134,767
ORINDA 19,496 19,478 -0.09% 1.68% $ 58,945
PINOLE 18,819 18,628 -1.01% 1.61% $ 56,373
PITTSBURG 75,788 75,156 -0.83% 6.50% $ 227,439
PLEASANT HILL 34,335 34,026 -0.90% 2.94% $ 102,970
RICHMOND 114,643 114,489 -0.13% 9.90% $ 346,470
SAN PABLO 31,793 31,510 -0.89% 2.72% $ 95,356
SAN RAMON 84,226 83,820 -0.48% 7.25% $ 253,658
WALNUT CREEK 70,566 69,891 -0.96% 6.04% $ 211,506
UNINCORP. COUNTY 177,927 176,941 -0.55% 15.30% $ 535,464 100.00% $ 3,500,000

1. Population estimate based on State of California Department of Finance (E-1) City/County projections- January 1, 2023.

Figures are updated in May of each year.

2. Percentages based on prorata of population.

3. SUA funds allocated for budget purposes, which by policy is set at $3.5M

CONTRA COSTA CLEAN WATER PROGRAM

GROUP COSTS METHODOLOGY & ALLOCATION
FOR FISCAL YEAR 2023/24
Agenda Item: 4(e)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: RON BERNAL, INTERIM CITY MANAGER

ANGELINE LOEFFLER, FINANCE DIRECTOR
DATE: MARCH 21, 2023
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

AMENDING A PROFESSIONAL SERVICES AGREEMENT WITH

GOVINVEST FOR FINANCIAL CONSULTING SERVICES IN THE
AMOUNT OF $49,900 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF
$115,775
___________________________________________________________________________

RECOMMENDATION
It is recommended for the City Council to adopt the attached Resolution amending a professional services agreement with the firm GovInvest for financial consulting services.

BACKGROUND
In September 2022, the City entered into an agreement with GovInvest to provide Interim Finance Director services by Nitish Sharma. The initial agreement with GovInvest for Interim Finance Director services was executed for a total of not-to-exceed for $30,000. Being a permanent Finance Director had not been hired, and there was a need to have a Comprehensive Fee Study conducted, on December 20, 2022, the City Council approved an amendment to the contract with GovInvestOn with additional compensation of up to $21,000 for the Interim Finance Director service and $14,875 for the Fee Update increasing the contract amount to not-to exceed $65,875.

Mr. Sharma served as our Interim Finance Director until February 13, 2023 when our permanent Finance Director began this position. Since that time, Mr. Sharma has continued working on and has been assisting our new director with items such as the Annual Comprehensive Financial Report (ACFR), preparation of the mid-year budget, preparation of the Updated Investment Policy, and FY 2023/24 budget. The additional cost incurred as Interim Finance Director service was covered by savings from the full-time Finance Director position vacancy from October 2022 through Mid-February 2023.

DISCUSSION
Since coming on-board last month, our full-time Finance Director has been working closely with Mr. Sharma to learn the City’s financial systems and prepare for the FY 2023/24 budget. Additionally, he has been assisting the Finance Director with tasks and assignments that were to be done by the Senior Accountant approved for a one-year term in this year’s budget. After an unsuccessful recruitment for a full-time individual, a retired annuitant was hired to help mostly with preparation of the ACFR. This individual has worked less than 40% of the time budgeted for the position. In their continued support role, GovInvest would provide staff support including FY 2023/24 budget preparation, labor costing, investment portfolio recommendation assistance, special financing district report processing, Master Fee Schedule adoption process and preparation for the ACFR for FY 2023/24.

FISCAL IMPACT
The existing contract with GovInvest requires City Council approval to increase the total cost. The amended agreement with GovInvest for Interim Finance Director and comprehensive Master Fee Schedule update services were executed for a total not-toexceed of $65,875. With the additional increase of up to $49,900 for financial consulting services, the new not-to-exceed amount will be $115,775. The term of these services would be through June 30, 2023.

The additional cost for the financial consulting services will be covered by the savings from the one-year limited-term Senior Accountant position and from the full-time Finance Director position while it was vacant.

ATTACHMENTS:

1. Resolution

2. First Amendment to Professional Service Agreement with GovInvest.

3. Second Amendment to Professional Services Agreement with GovInvest

4. Professional Services Agreement with GovInvest
RESOLUTION xx-2023

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON, CA AMENDING

THE PROFESSIONAL SERVICES AGREEMENT WITH GOVINVEST FOR FINANCIAL

SUPPORT SERVICES AND FOR A COMPREHENSIVE FEE UPDATE IN THE AMOUNT OF $49,900 FOR A REVISED NOT-TO-EXCEED TOTAL OF $115,775 WHEREAS, this is not a project as defined by CEQA;
WHEREAS, the GovInvest is conducting a comprehensive review of the City’s user fees;
WHEREAS, the City is in need of additional financial support services; WHEREAS, GovInvest is a firm that has the expertise and capacity to assist the City in these needed areas; and
WHEREAS no additional budget resources are requested at this time.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clayton hereby authorizes the City Manager to execute the attached amendment to the Professional Services Agreement with GovInvest for financial support services and Comprehensive Fee Update in the additional amount of $49,900 for a revised not-to-exceed total of $115,775.
* * * * *
ADOPTED ON the 21st day of March, 2022 by the City Council of the City of Clayton by the following vote count:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
_________________________________
Jeff Wan, Mayor
ATTEST
_________________________
Janet Calderon, City Clerk

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF

CLAYTON, CALIFORNIA, AND GOVINVEST
This Amendment to the Professional Services Agreement (“First Amendment”) is entered into effective January 1, 2023 by and amongst the City of Clayton, California ("City''), a municipalcorporation, andGovInvest, a Corporation ("Consultant").

RECITALS
A. WHEREAS, in September 2022 the City and Consultant entered into a Professional Services Agreement to provide financial support services to the City ("Agreement"); B. WHEREAS, additional work is needed beyond the compensation identified in the original Agreement; and
C. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:

AGREEMENT
Nowtherefore, the partiesagree as follows:

1. Section 1. Services. Of the Agreement is amended by adding supplemental scope as attached herein as Attachment 1 to this Amendment including a comprehensive fee update.

2. Subdivision b of Section 2. Compensation of the Agreement is hereby amended to read as follows:
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of sixty-five thousand eight hundred seventy-five dollars ($65,875).

3. Except as otherwise specifically set forth in this Agreement, the remaining provisions of the Agreement including all prior amendments shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment to the Professional Services Agreement on the date above written.

CITY OF CLAYTON, CALIFORNIA
By:

Reina J. Schwartz
City Manager

GOVINVEST
By: _________________________
Printed Name: ____________________
Title: ____________________________
ATTEST:

Janet Calderon, City Clerk
Attachment 1

Services Proposed:

Based on our conversations with Clayton our understanding of your key needs and ojbectives, we are proposing the following GovInvest solutions:

GovInvest Itermin Finance Director Services - $14,000
• Up to 80 hours of support
• Oversee A/P, AR, Payroll
• Bank Reconciliations/Investments Rec
• Staff Oversight/Audit Paperwork
• Treasury Management
• Mid-Year Budget Update/Review
• Additional A la Carte Hours Available - $175 per hour GovInvest Book of Fees Consulting - $14,875
• Up to 85 hours of support
• Work and meet with City staff to ensure that the study will be both accurate and appropriate to the City’s needs. Review project schedules and answer any questions pertaining to the successful development of the study.
• Meet with staff and conduct interviews as needed to gain an understanding of the City’s processes and operations. Conduct a comprehensive review of the City’s existing fees, rates and charges.
• Identify the total cost of providing each City service at the appropriate activity level and in a manner consistent with all applicable laws, statutes, rules and regulations governing. the collection of fees, rates, and charges by public entities including, but not limited to, Proposition 26 and Proposition 218.
• Compare service costs with existing recovery levels. This should include any service areas where the City is currently charging for services as well as areas where perhaps the City should charge, considering the City’s practices, or the practices of similar or neighboring cities.
• Recommend potential new fees and charges for services the City currently provides but does not have any fees and/or charges established. Recommendations based on practices by surrounding cities that may charge for similar services, industry best practices, or the consultant’s professional opinion.
• Recommend appropriate fees and charges based on the firm’s analysis together with the appropriate subsidy percentage of those fees where full cost recovery may be unrealistic.
• Prepare a report that identifies each fee service, its full cost, recommended and current cost recovery levels. The report will identify the direct cost, the indirect cost, and the overhead cost for each service.
• Prepare a report that identifies the present fees, recommended fees, percentage change, cost recovery percentage, revenue impact and fee comparison with other County cities or other California cities that are comparable to the City of Clayton. • Provide a computer-based model in Microsoft Excel for adjusting these fees and charges for the City’s current and future needs and provide the City with an electronic copy of the final comprehensive study, including related schedules and cost documentation in a format that can be edited and updated by City staff to accommodate changes in the organization or changes in costs. The requirements of the models should allow for:
o Additions, revisions, or removal of the direct and overhead costs so the comprehensive fee study can be easily adapted to a range of activities, both simple and complex.
o The ability of the City to continuously update the model and fees from year to year as the organization changes.
• Prepare and deliver presentation to the City Council to facilitate their understanding of the plan and its implication for the City and make necessary adjustments as requested.

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY

OF CLAYTON, CALIFORNIA, AND GOVINVEST
This Amendment to the Professional Services Agreement (“Second Amendment”) is entered into effective March 22, 2023 by and amongst the City of Clayton, California ("City''), a municipal corporation, and GovInvest, a Corporation ("Consultant").

RECITALS
A. WHEREAS, in September 2022 the City and Consultant entered into a Professional Services Agreement to provide financial support services to the City (" Agreement"); and
B. WHEREAS, on December 20, 2022 the Professional Services Agreement with GovInvest was amended for extended Interim Finance Director services and for a comprehensive fee update; and
B. WHEREAS, additional professional financial services assistance is needed beyond the compensation identified in the original Agreement; and C. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:

AGREEMENT
Now therefore, the parties agree as follows:

1. Section 1. Services. Of the Agreement is amended by adding supplemental scope as attached herein as Attachment 1 to this Amendment.

2. Subdivision b of Section 2. Compensation of the Agreement is hereby amended to read as follows:
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one
hundred fifteen thousand seven hundred seventy-five
($115,775).

3. Except as otherwise specifically set forth in this Agreement, the remaining provisions of the Agreement including all prior amendments shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Professional Services Agreement on the date above written.

CITY OF CLAYTON,

CALIFORNIA
By:

Ron Bernal
Interim City Manager

GOVINVEST
By: _________________________
Printed Name: ____________________
Title: _________________________
ATTEST:

Janet Calderon, CityClerk
Attachment 1
Proprietary & Confiden�al © 2023 GovInvest Inc| .www.govinvest.com 1 Proposal for Financial Forecas�ng
Solu�ons & Services
SaveTime | SaveMoney | Make InformedDecisions
Customized For: Clayton, CA
PreparedBy:Max Stoff and Ron Broere
Date:3/7/2023
Proprietary & Confiden�al © 2023 GovInvest Inc| .www.govinvest.com 2 CompanyOverview
Founded in 2014,GovInvest empowers public sector
agencies to run their own financial forecas�ng at a
frac�on of the cost and �me through powerful
so�ware and concierge consul�ng. We provide
solu�ons that help over 1,000 agencies na�onwide
be�er analyze and manage their Pension, OPEB and
Labor Costs. Our pioneering technology quickly pays for itself and provides real -�me, visual projec�ons that
allow our clients to simplify communica�ons with
stakeholders and make be�er informed decisions for
years to come.

WHY WE DO IT
• To provide accurate analysis with enhanced
transparency
• To alleviate the enormous task of assessing
Pension,OPEB, Labor costsand building
forecasts
• To improve every agency’s bo�om line
To avoid agency bailoutsand reputa�onalrisk,the
Government Finance Officers Associa�on(GFOA)
recommendsthat governments at all levels forecast
major revenues and expenditures.The GFOA
recommendsthat yourforecastextend several years into
the future.The forecastshouldbe clearly stated,made
available to stakeholders in thebudget process,
regularly monitored and periodically updated.

What Our Clients Are Saying
"It was extremely helpfulto have accessto an actuaryas
an additionalresourcethroughGovInvest."
• Finance Manager, Lake Arrowhead CSD
"The city's former finance director resigned at
the beginning of budget season; and worse, all the
links were broken in the labor costing excel worksheet
thatwas used in previous year.GovInvestquickly
onboarded their software, and within a week I was
running the three budgeting scenarios that the city
manager requested."
• Administra�ve Services Director/Treasurer,
City of Sausalito
“UsingGovInvestconsultantsfor policyprojects allows
me to spend more time advising Councilmembers on
how to interpret results and less timeupdating
spreadsheets.”
• Finance Director, City of Benicia
"The softwareis very userfriendly, and staffis very helpf ul in assistingwith questionsand helpingto better under standthe software data."
• Deputy City Manager, City of Brisbane
“We leverage the laboraspectsto increasetransparency
and enhancecooperationduringnegotiations.They find it
easier to work togethertowards a compromisewith accu
rate costingdataand info-graphics.”
• Finance Director, City of Reno
Proprietary & Confiden�al © 2023 GovInvest Inc| .www.govinvest.com 4 GovInvest Accoun�ng Consul�ng Services
Based on our conversa�ons with Clayton and our understanding of your key needs and objec�ves, we are proposing the following GovInvest services and deliverables to create data -driven policy outcomes for the City:

GovInvest Financial Consul�ng Services
The scope of services included but not limited to the following types of du�es:

Interim Finance Director and Financial Consul�ng Services • Treasury Support Management
• Mid-Year Budget Update/Review
• Complex finance and accoun�ng entries
• Finance Director support
• Addi�onal A la Carte Hours Available - $175 per hour
Service Proposed Fee
Financial Consul�ng Services $49,900

Agenda Item: 4(f)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Police Chief McEachin
DATE: March 21, 2023
SUBJECT: Request to purchase 2016 Zero electric police motorcycle ___________________________________________________________________________

RECOMMENDATION
It is recommended that City Council approve the purchase of a 2016 Zero police package electric dual-purpose motorcycle from Northern California Emergency Vehicle Installations for the amount of $7,500.

BACKGROUND
As we approach implementation of the traffic safety officer position, there is a need to procure another motorcycle in order for the chosen officer to have one to train on and operate on duty. While we are actively searching for grant money to purchase a new motorcycle, that will take time and would delay the implementation of the program.

Nor Cal EVI, an emergency vehicle equipment installer, has a 2016 Zero police motorcycle with emergency equipment already installed that it received from the Dos Palos Police Department in 2020. DPPD did not have a traffic program, and the motorcycle was not being used. Since Nor Cal EVI took possession of the motorcycle, it has remained in storage and has not been used. It currently has approximately 18,020 miles on it, and is in excellent shape. It has been garaged since it was purchased new by the City of Dos Palos in 2016.

DISCUSSION
The Clayton Police Department is currently in the process of assigning an officer to a traffic safety position. The chosen officer will be assigned to a motorcycle in order to work traffic on all streets in the city. Because it is a dual-sport motorcycle, it can also be driven on the trail system in the city as needed. The City currently owns a 2016 Zero motorcycle that is assigned to the Traffic Sergeant. The acquisition of another motorcycle will allow the Traffic Sergeant to ride along with the selected traffic officer during training. It will also allow the department to utilize both motorcycles simultaneously during traffic enforcement efforts and special events.

FISCAL IMPACT
The cost to purchase the motorcycle from Nor Cal EVI is $7,500. The motorcycle is fully equipped with all needed police equipment, and is ready to be put into service upon receipt.

The motorcycle is ready to be picked up at the approval of this request.

Kelley Blue Book does not value Zero electric motorcycles. However, there are similar Zero motorcycles listed on Craigslist ranging between $7,800 and $13,995. There are also similar Zero motorcycles listed for sale on Cycletrader ranging from $6,500 to $13,500. None of the listed motorcycles has emergency lighting equipment on them. A new Zero police motorcycle with emergency equipment costs approximately $25,000.

ATTACHMENTS
None
Agenda Item: 5(a)

LUCA CARONE
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Self-Discipline”
January and February 2023

MALIYAH HILL
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Self-Discipline”
January and February 2023

KENLEY KICK
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Self-Discipline”
January and February 2023

ETHAN RUFF
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Self-Discipline”
January and February 2023
Agenda Item: 7(a)
In the Clay

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: March 21, 2023
SUBJECT: Adopt a Resolution Approving Endeavor Hall Non-Profit Rental Fees ___________________________________________________________________________

RECOMMENDATION
It is recommended that the City Council, by Resolution, approve rental fees to apply to Clayton non-profit organizations for the rental of Endeavor Hall.

BACKGROUND
In the City’s annual Master Fee Schedule (City of Clayton User Benefit, Regulatory and Rental Fees), fees are set for all types of city services, including the rental of facilities. For Endeavor Hall specifically, the City has established rates for different user classifications including residents, non-residents, Clayton-based non-profits and non-Clayton-based non-profits.

At its February 21, 2023 meeting, the City Council discussed rental fees for Clayton non-profit organizations for Endeavor Hall and provided staff direction regarding proposed fees to bring back to the March 21, 2023 Council meeting.

DISCUSSION
The current rental fees for Endeavor Hall for non-profits (both Clayton-based and nonClayton-based) are as follows:

Endeavor Hall Meeting Room Fee
Non-profits (Clayton-based and Non-Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm)
$57
Clayton-based non-profit only (maximum daily weekday rental) $144 Non-profits (Clayton-based and Non-Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm)
$216
Subject: Adopt a Resolution Approving Endeavor Hall Non-Profit Rental Fees Date: March 21, 2023

Page 2 of 3 ends

Over the years, different arrangements have been made with several community non-profits who regularly use the facility. There has been a past practice of discounting the non-profit rate by 80% (charging 20% of the non-profit rate) especially when it involves longer-term renting of Endeavor Hall. Some smaller Clayton non-profits with low usage have had their fees waived altogether. It is not uncommon for City Councils to discount fees for organizations or causes that provide a community benefit; however, users who do not pay their full costs are being subsidized by the community at-large. The estimated usage for FY2022/23 (July1, 2022 thru June 30, 2023) is 150 days.

At its February 21, 2023 meeting, the City Council discussed rental fees for Clayton non-profit organizations for Endeavor Hall, and the City Council considered a scaled approach to fee waivers (and accordingly, the rental fees charged to Clayton non-profit organizations) based on the annual gross revenues of each Clayton-based non-profit organization. The fee waivers would not apply to non-Clayton non-profit organizations. The City Council provided staff direction regarding proposed rental fee waivers and rental fees to bring back to the March 21, 2023 Council meeting as follows:

Gross Annual Revenue of Clayton-Based
Non-Profit
% Waived of Clayton Non-Profit Fee
$10,000 or less 100%, up to 3 days per year
$10,000.01 to $150,000 80%
Above $150,000 50%
Clayton non-profit organizations earning $10,000 or less in annual gross revenue could receive a 100% fee waiver for renting Endeavor Hall for up to 3 days in a calendar year. If a Clayton non-profit organization earning $10,000 or less in annual gross revenue rents Endeavor Hall for more than 3 days per year, then the 4th and subsequent days rented would be charged at the next tier, with 80% of the rental fees waived.

The proposed new fees for Clayton-based non-profits for rental of Endeavor Hall are as follows:

Fee Description Fee
Non-profits (Non-Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm)
$57
Non-profits (Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm) Gross annual revenue ≤ $10,000 (up to 3 days/year) $0
Gross annual revenue $10,000.01 to $150,000 or
Gross annual revenue ≤ $10,000 (more than 3 days/year)
$11.40
Gross annual revenue > $150,000 $28.50
Clayton-based non-profit only (maximum daily weekday rental) $144 Non-profits (Non-Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm)
$216
Subject: Adopt a Resolution Approving Endeavor Hall Non-Profit Rental Fees Date: March 21, 2023

Page 3 of 3 ends

Fee Description Fee
Non-profits (Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm) Gross annual revenue ≤ $10,000 (up to 3 days/year) $0
Gross annual revenue $10,000.01 to $150,000 or
Gross annual revenue ≤ $10,000 (more than 3 days/year)
$43.20
Gross annual revenue > $150,000 $108

FISCAL IMPACT
The Fiscal Impact to the City of Clayton for the concept proposed in the table above is not known as staff does not have evidence of the gross annual revenue of the current users nor how the new fees will imipact usage of the facility. The projected FY2022/23 cost to operate the facility is $75,000. The City has contracted to have a User Fee Study conducted which will review all of the City’s fees in conjunction with the FY2023/24 budget adoption process.

This study will calculate the full cost to provide services at Endeavor Hall. The outcome of this study will likely result in potential revisions to facility rental fees.

ATTACHMENT
Attachment 1: Resolution
Resolution No. __-2023 Page 1 of 1 March 21, 2023
RESOLUTION NO. __-2023

A RESOLUTION AMENDING ENDEAVOR HALL NON-PROFIT RENTAL FEES AND

UPDATING THE CITY MASTER FEE SCHEDULE FOR CITY USER BENEFIT,

REGULATORY AND RENTAL FEES

THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City of Clayton has various fees for City services and facilities; and
WHEREAS, at its February 21, 2023 meeting, the City Council discussed rental fees and fee waivers for Clayton non-profit organizations for Endeavor Hall; and WHEREAS, the City desires to amend the non-profit rental fees for the use of Endeavor Hall and to provide City-based non-profit organizations a fee waiver based on their annual gross revenues; and
WHEREAS, in accordance with Government Code section 66018, the City Council called a public hearing for March 21, 2023, for the purpose of receiving public comments to the proposed fees. Notice of the public hearing was given by publication in a newspaper of general circulation within the City once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication. On March 21, 2023 at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed fees; and
NOW THEREFORE BE IT RESOLVED that the City Council of Clayton, California does hereby set, adjust and approve the various fees for the rental of Endeavor Hall as set forth in the attached Exhibit “A” and hereby updates the “City of Clayton User Benefit, Regulatory and Rental Fees” of the City Master Fee Schedule as set forth in the attached Exhibit “B.”
PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on 21st day of March 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The City Council of Clayton, CA
________________________________
Jeff Wan, Mayor
ATTEST:
___________________________________
Janet Calderon, City Clerk

Page 1 of 1 ends

Resolution No. -2023
Exhibit A
Endeavor Hall Meeting Room Fee/Deposit
6 Non-profits (Non-Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm) $57
6 Non-profits (Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm)
Gross annual revenue ≤ $10,000 (up to 3 days/year) $0
Gross annual revenue $10,000.01 to $150,000 or
Gross annual revenue ≤ $10,000 (more than 3 days/year) $11.40 Gross annual revenue > $150,000 $28.50
6 Clayton-based non-profit only (maximum daily weekday rental) $144 6 Non-profits (Non-Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm) $216
6 Non-profits (Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm)
Gross annual revenue ≤ $10,000 (up to 3 days/year) $0
Gross annual revenue $10,000.01 to $150,000 or
Gross annual revenue ≤ $10,000 (more than 3 days/year) $43.20 Gross annual revenue > $150,000 $108
6 Resident - Weekdays (per hour Sun 5pm - Fri 5pm) $144 6 Non-resident or Commercial - Weekdays (per hour Sun 5pm - Fri 5pm) $173
6 Resident - Weekends (per hour Fri 5pm - Sun 5pm) $216 6 Non-resident or Commercial - Weekends (per hour Fri 5pm - Sun 5pm) $260
Deposit (all) - no alcohol or beer and wine only (clean up/damage per reservation) $500
Deposit (all) - hard alcohol (distilled spirits) (clean up/damage per reservation) $1,000
6 Reservation rental time change (same date) (less than 30 days prior to the event) $49
6 Reservation rental date change (less than 90 days prior to event) $64
Rental Cancellation Fee (181 or more days prior to event) 95% deposit refund and $30 processing fee
Rental Cancellation Fee (91 - 180 days prior to event) 75% deposit refund and $30 processing fee
Rental Cancellation Fee (61 - 90 days prior to event) 50% deposit refund and $30 processing fee
Rental Cancellation Fee (31 - 60 days prior to event) 25% deposit refund and $30 processing fee
Rental Cancellation Fee (30 days or less prior to event) No refund

COMMUNITY DEVELOPMENT DEPARTMENT
Annexations
1,3,4,5 Annexation Time - $5,000 minimum deposit
General Plan /Zoning Ordinance Amendments
1,3,4,5 General Plan Map or Text Amendment Time - $5,000 minimum deposit 1,3,4,5 Pre Zoning / Re Zoning Time - $5,000 minimum deposit 1,3,4,5 Zoning Ordinance Text Amendment Time - $5,000 minimum deposit Site Plans / Development Plans
1,3,4,5 Site Plan Review Permit - Residential Time - $1,000 minimum deposit 1,3,4,5 Site Plan Review Permit - Residential Amendment Time - $1,000 minimum deposit 1,3,4,5 Site Plan Review Permit - Non-Residential Time - $5,000 minimum deposit 1,3,4,5 Site Plan Review Permit - Non-Residential Amendment Time - $2,000 minimum deposit 1,3,4,5 Development Plan Time - $5,000 minimum deposit
Subdivisions
1,3,4,5 Tentative Subdivision Map Application Time - $5,000 minimum deposit 1,3,4,5 Lot Line Adjustment Time - $1,000 minimum deposit 1,3,4,5 Lot Merger Time - $2,000 minimum deposit
Parcel Maps
1,3,4,5 Tentative Parcel Map Application Time - $2,000 minimum deposit Environmental Review
1,3,4,5 Environmental Impact Report Time - $5,000 minimum deposit 1,3,4,5 Negative Declaration with Mitigations (Mitigated Neg. Dec.) Time - $2,500 minimum deposit 1,3,4,5 Negative Declaration without Mitigations Time - $1,500 minimum deposit Mitigation Monitoring and Reporting Plan Included with Mitigated Neg Dec/ EIR 1,3,4,5 Categorical Exemption County filing fee + Time
Permits
6 Home Occupation Permit - Administrative Review $216
1,3,4,5 Home Occupation Permit - Planning Commission Review Time - $750 minimum deposit → 10 Use Permit - Fences Administrative Review $216
1,3,4,5 Use Permit - Residential - Planning Commission Review Time - $1,000 minimum deposit 1,3,4,5 Use Permit - Non- Residential - Planning Commission Review Time - $5,000 minimum deposit 6 Temporary Use Permit - Administrative Review $216
1,3,4,5 Temporary Use Permit - Planning Commission Review Time $500 minimum deposit → 6,10 Sign Permit - Administrative Review $70
1,3,4,5 Sign Permit - Planning Commission Review Time - $1,000 minimum deposit → 6,10 Temporary Storage Permit $70
→ 6,10 Accessory Dwelling Unit (ADU) Permit - Administrative Review $360 → 6,10 Tree Removal Permit - Administrative Review without notice (per tree - min. applies see below) $12
→ 6,10 Tree Removal Permit - Administrative Review Without Notice (Minimum) $43 → 10 Tree Removal Non-Compliance Penalty (Admin Review Without Notice) $43 → 6,10 Tree Removal Permit - Administrative Review with Notice (per tree - minimum applies see below) $65
→ 6,10 Tree Removal Permit - Administrative Review with Notice (minimum) $143 → 10 Tree Removal Non-Compliance Penalty (Notice Required) $143 1,3,4,5 Tree Removal Permit - Planning Commission Review Time - $500 minimum deposit Tree Replacement In-Lieu Fee (CMC §15.70.040 F & 15.70.55) (per 24'' box tree) $840
City of Clayton User Benefit, Regulatory and Rental Fees See Foot Notes on pages 10 Page 1

Mgmt. Plan Deposit - Single Family (New Construction) per unit $2,000 plus $1/sq. ft. over 2,000 sq. ft.

Mgmt. Plan Deposit - Commercial & Multifamily (New Construction) $2,000 plus $1/sq. ft. over 2,000 sq. ft.

Habitat Conservation Area Compliance
1,3,4,5 Habitat Conservation Plan/Natural CC Plan Time - $1,000 minimum deposit

CITY ENGINEERING DEPARTMENT
2 Bid or Plan Sets Actual Cost
→ 10 Deed Restriction / Covenant Agreement Preparation (Does not include recordation extra cost. See Administrative Fees.) $533
Subdivisions
→ 10 Final Map Filing Fee (per map) $878
1,8 Final Map Checking Fee Time - $2,500 minimum deposit 1,8 Construction Plans Checking Fee Time - $2,500 minimum deposit Construction Inspection Fee - Public Improvements 9% of Bond Estimates Construction Inspection Fee - Private Improvements 9% of Bond Estimates Construction Inspection Fee - Sanitary Sewer 3% of Bond Estimates Parcel Maps
→ 10 Final Parcel Map Filing Fee (per map) $174
1,8 Final Parcel Map Plan Checking Fee Time - $1,000 minimum deposit 1,8 Construction Plan Checking Fee Time - $1,000 minimum deposit Construction Inspection Fee - Public Improvements 9% of Bond Estimates Construction Inspection Fee - Private Improvements 9% of Bond Estimates Construction Inspection Fee - Sanitary Sewer 3% of Bond Estimates Major Grading
→ 10 Grading Permit Filing Fee (per permit) $263
1,8 Grading Permit Plan Check Time - $1,000 minimum deposit 1,8 Grading Inspection Time - $1,000 minimum deposit
See Foot Notes on pages 10 Page 2

CITY OF CLAYTON
Adopted FY 22-23 Master Fee Schedule
Updated by the City Council, March 21, 2023
Exhibit B
Resolution #__-2023
Foot
Notes Fee/Deposit Description
Proposed FY 2022-23
Fee/Deposit 5% CPI Increase
(8.8% total increase)
City of Clayton User Benefit, Regulatory and Rental Fees Minor Construction Activity Permits (Including Encroachment, Stormwater, Wireless Installations, and Grading)
→ 10 Projects that do not disturb the ground (i.e. interior remodels, roof replacement, etc.) (per permit + time - $500 minimum deposit) $159 → 10 Room additions (including other projects that disturb the ground) (per permit + time - $2,400 minimum deposit) $159
→ 10 Minor concrete repairs or replacement (i.e. sidewalks, curb & gutter) (per permit + time - $1,000 minimum deposit) $294
→ 10
New driveway construction or replacement (Work may require the granting of additional street right of way requiring the preparation of grant deed and recordation. See Deed Restriction/Covenant Agreement Preparation fee above and Document Recording fee in Administrative Fees section.) (per permit + time - $2,400 minimum deposit)
$289
→ 10
Pool installation or total removal of existing pool (requires inspection and testing by applicant's third party soils engineer) (per permit + time - $2,400 minimum deposit)
$294
→ 10
Partial removal of existing pool (Work requires a grading permit and the preparation and recording of a restricted use covenant. See Deed Restriction/Covenant Agreement Preparation fee above and Document Recording fee in Administrative Fees section.) (per permit + time - $2,400 minimum deposit)
$294
1,8 Wireless Installation Encroachment Permit Time - $2,000 minimum deposit 11 Transportation Permit Fee $16
Major Construction Activity Permits
→ 10 Major Construction Activity Permit (per permit) $83 1,8 Major Plan Check Time- $2,500 minimum deposit
1,8 Major Inspection Time- $2,500 minimum deposit
Cash Bond Major Encroachments (may be surety if more than $10,000) Per City Engineer Post Construction Stormwater Compliance
Post construction Annual Verification Inspection - Individual Single Family Lot Non-HOA (per lot) $280
Post construction Annual Verification Inspection - Single Family HOA (per HOA - first 10 lots) $280
Post construction Annual Verification Inspection - Single Family HOA (per HOA - additional lots >10) $78
Post construction Annual Verification Inspection - Commercial (per acre - min. 1 acre) $280
Documentation Compliance Review Fee - Individual Single Family (per lot) $280 Documentation Compliance Review Fee - HOA (per HOA)
- First 10 lots $280
- Each additional lot after 10th $80
Documentation Compliance Review Fee - Commercial (per acre - min. 1 acre) $280
Annual State Reporting preparation/filing Fee - Individual Single Family Lot (per lot) $100
Annual State Reporting preparation/filing Fee - Single Family HOA (per HOA) $195 Annual State Reporting preparation/filing Fee - Commercial (per acre - min. 1 acre) $195

POLICE DEPARTMENT
6 Residential Alarm System Registration Fee (per residential unit) $36 6 Commercial Alarm System Registration Fee (per commercial occupancy) $74 See Foot Notes on pages 10 Page 3

PUBLIC FACILITIES AND PARKS RENTAL FEES
Library Meeting Room - Hoyer Hall
6 Non-profit (Non-Clayton Based) (per hour) $59
6 Non-profit (Clayton Based) (per hour) $31
6 Resident (per hour) $72
6 Non-resident or Commercial (per hour) $90
6 Deposit (for all) - clean up/damage - refundable (per rental) $217 6 Reservation rental time change (same date) (less than 7 calendar days prior to use date) $49
6 Reservation rental date change (less than 7 calendar days prior to use date) $64 6 Rental Cancellation Fee (30 or more days prior to event) $31 6 Rental Cancellation Fee (15-29 days prior to event) 50% refund and $30 processing fee Rental Cancellation Fee (14 days or less) No refund
Endeavor Hall Meeting Room
6 Non-profits (Non-Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm) $57 6 Non-profits (Clayton-based Weekdays) (per hour Sun 5pm - Fri 5pm) Gross annual revenue ≤ $10,000 (up to 3 days per year) $0 See Foot Notes on pages 10 Page 4

CITY OF CLAYTON
Adopted FY 22-23 Master Fee Schedule
Updated by the City Council, March 21, 2023
Exhibit B
Resolution #__-2023
Foot
Notes Fee/Deposit Description
Proposed FY 2022-23
Fee/Deposit 5% CPI Increase
(8.8% total increase)
City of Clayton User Benefit, Regulatory and Rental Fees Gross annual revenue $10,000.01 to $150,000 or
Gross annual revenue ≤ $10,000 (more than 3 days per year) $11.40 Gross annual revenue > $150,000 $28.50
6 Clayton-based non-profit only (maximum daily weekday rental) $144 6 Non-profits (Non-Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm) $216 6 Non-profits (Clayton-based Weekends) (per hour Fri 5pm - Sun 5pm) Gross annual revenue ≤ $10,000 (up to 3 days per year) $0 Gross annual revenue $10,000.01 to $150,000 or
Gross annual revenue ≤ $10,000 (more than 3 days per year) $43.20 Gross annual revenue > $150,000 $108
6 Resident - Weekdays (per hour Sun 5pm - Fri 5pm) $144 6 Non-resident or Commercial - Weekdays (per hour Sun 5pm - Fri 5pm) $173 6 Resident - Weekends (per hour Fri 5pm - Sun 5pm) $216 6 Non-resident or Commercial - Weekends (per hour Fri 5pm - Sun 5pm) $260 Deposit (all) - no alcohol or beer and wine only (clean up/damage per reservation) $500
Deposit (all) - hard alcohol (distilled spirits) (clean up/damage per reservation) $1,000
6 Reservation rental time change (same date) (less than 30 days prior to the event) $49
6 Reservation rental date change (less than 90 days prior to event) $64 Rental Cancellation Fee (181 or more days prior to event) 95% deposit refund and $30 processing fee
Rental Cancellation Fee (91 - 180 days prior to event) 75% deposit refund and $30 processing fee
Rental Cancellation Fee (61 - 90 days prior to event) 50% deposit refund and $30 processing fee
Rental Cancellation Fee (31 - 60 days prior to event) 25% deposit refund and $30 processing fee
Rental Cancellation Fee (30 days or less prior to event) No refund City Hall 1st Floor Conference Room
6 Non-profit (Clayton-based or non-Clayton-based non profits) (per hour) $31 6 Resident (per hour) $37
6 Non-resident or Commercial (per hour) $46
Deposit (clean up/damage per reservation) $100
6 Reservation rental time change (same date) (less than 7 calendar days prior to use date) $49
6 Reservation rental date change (less than 7 calendar days prior to use date) $64 6 Rental Cancellation Fee (30 or more days prior to event) $31 6 Rental Cancellation Fee (15-29 days prior to event) 50% refund and $30 processing fee Rental Cancellation Fee (14 days or less) No refund
City Hall Courtyard
6 Non-profit (Clayton-based or non-Clayton-based non profits) (per hour) $59 6 Resident (per hour) $72
6 Non-resident or Commercial (per hour) $90
Deposit (clean up/damage per reservation) $100
6 Reservation rental time change (same date) (less than 7 calendar days prior to use date) $49
6 Reservation rental date change (less than 7 calendar days prior to use date) $64 See Foot Notes on pages 10 Page 5

CITY OF CLAYTON
Adopted FY 22-23 Master Fee Schedule
Updated by the City Council, March 21, 2023
Exhibit B
Resolution #__-2023
Foot
Notes Fee/Deposit Description
Proposed FY 2022-23
Fee/Deposit 5% CPI Increase
(8.8% total increase)
City of Clayton User Benefit, Regulatory and Rental Fees 6 Rental Cancellation Fee (30 or more days prior to event) $31 6 Rental Cancellation Fee (15-29 days prior to event) 50% refund and $30 processing fee Rental Cancellation Fee (14 days or less) No refund
Clayton Community Park and Related Facilities
Picnic Areas
6 Picnic Area #2 - Resident (flat fee for 4 hours block) $22 6,9 Picnic Area #2 - Non-Resident or Commercial (flat fee for 4 hour block) $31 6,9 Picnic Area #3 - Resident (flat fee for 4 hours block) $22 6,9 Picnic Area #3 - Non-Resident or Commercial (flat fee for 4 hour block) $31 6,9 Picnic Area #4 - Resident (flat fee for 4 hour block) $52 6,9 Picnic Area #4 - Non-Resident or Commercial (flat fee for 4 hour block) $67 Picnic Area #5 - Resident (6 separate areas)
9 - 1st 2 tables - flat fee for 4 hours block (per table) $43 9 - Each additional table - flat fee for 4 hour block (per table) $7 Picnic Area #5 - Non-Resident or Commercial (6 separate areas) 6,9 - 1st 2 tables - flat fee for 4 hour block (per table) $54 6,7,9 - Each additional table - flat fee for 4 hour block (per table) $8 6 Picnic Area #6 Resident (Large Group Area) (per day) $360 6 Picnic Area #6 Resident (Large Group Area) (per hour - 4 hr min) $43 6 Picnic Area #6 Non-Resident or Commercial (Large Group Area) (per day) $469 6 Picnic Area #6 Non-Resident or Commercial (Large Group Area) (per hour - 4 hr min) $60
6 Picnic Area #5 & #6 Combined - Resident (per day) $577 6 Picnic Area #5 & #6 Combined - Resident (per hour - 4 hr min) $70 6 Picnic Area #5 & #6 Combined - Non-Resident or Commercial (per day) $751 6 Picnic Area #5 & #6 Combined - Non-Resident or Commercial (per hour - 4 hr min) $94
6,9 Picnic Area #7 - Resident (per 4 hour block) $57
6,9 Picnic Area #7 - Non Resident or Commercial (flat fee for 4 hour block) $72 6 Reservation rental time change (same date) (less than 7 calendar days prior to use date) $49
6 Reservation rental date change (less than 7 calendar days prior to use date) $64 6 Rental Cancellation Fee (30 or more days prior to event) $31 6 Rental Cancellation Fee (15-29 days prior to event) 50% refund and $30 processing fee Rental Cancellation Fee (14 days or less) No refund
Rain out Reschedule to alt. date at no
additional cost (no refund)
Sports Fields
Adult Sports Field Rental (per hour per field) $43
Youth Sports Field Rental (per hour per field) $24
6 Field Rental Change of Time, Same Date (less than 7 calendar days prior to use date) $49
6 Field Rental Change of Date (less than 7 calendar days prior to use date) $64 Field Rental Cancellation No refund less than 14 days prior to use
Rain out Reschedule to alt. date at no
additional cost (no refund)
Grove Park and Related Facilities
See Foot Notes on pages 10 Page 6

CITY OF CLAYTON
Adopted FY 22-23 Master Fee Schedule
Updated by the City Council, March 21, 2023
Exhibit B
Resolution #__-2023
Foot
Notes Fee/Deposit Description
Proposed FY 2022-23
Fee/Deposit 5% CPI Increase
(8.8% total increase)
City of Clayton User Benefit, Regulatory and Rental Fees Entire Facility Security Deposits Events without food or beverage $1,500
Entire Facility Security Deposits Events with food and beverage $1,800
Entire Facility Security Deposits Events closing street (i.e.: either Main or Center etc.) $2,200
6 Special Event Permit/Application Process (non refundable) - events closing streets (Main or Center etc.) + other permit fees:TUP/NP $359 Gazebo only Rental Security Deposit $271
Amplified Sound - damage/security deposit if using City sound equip $1,000 6 Amplified Sound Equipment Use Fee (Noise Permit also required) (per hour) $31 2 City provided Sound Equipment Tech if needed for use of City equip cost 6 Reservation rental time change (same date) (less than 7 calendar days prior to use date) $49
6 Reservation rental date change (less than 7 calendar days prior to use date) $64 6 Rental Cancellation Fee (30 or more days prior to event) $31 6 Rental Cancellation Fee (15-29 days prior to event) 50% refund and $30 processing fee Rental Cancellation Fee (14 days or less) No refund
Rain out Reschedule to alt. date at no
additional cost (no refund)
Entire Grove Park Facility
6 Rental Entire Facility - Resident -- Weekends (per hour) $216 6 Rental Entire Facility - Resident -- Weekends (per day) $1,734 6 Rental Entire Facility - Non-profit (verification req'd) -- Weekends (per hour) $216 6 Rental Entire Facility - Non-profit (verification req'd) -- Weekends (per day) $1,734 6 Rental Entire Facility - Non-resident or Commercial -- Weekends (per hour) $260 6 Rental Entire Facility - Non-resident or Commercial -- Weekends (per day) $2,081 6 Rental Entire Facility - Resident -- Weekdays (per hour) $144 6 Rental Entire Facility - Resident -- Weekdays (per day) $1,156 6 Rental Entire Facility - Non-profit (verification req'd) -- Weekdays (per hour) $144 6 Rental Entire Facility - Non-profit (verification req'd) -- Weekdays (per day) $1,128 6 Rental Entire Facility - Non-resident or Commercial -- Weekdays (per hour) $173 6 Rental Entire Facility - Non-resident or Commercial -- Weekdays (per day) $1,526 Gazebo Only
6 Rental Gazebo only -Resident - Weekends (per hour) $151 6 Rental Gazebo only -Resident - Weekends (per day) $1,214 6 Rental Gazebo only -Non-profit (verification req'd) - Weekends (per hour) $151 6 Rental Gazebo only -Non-profit (verification req'd) - Weekends (per day) $1,214 6 Rental Gazebo only - Non-resident or Commercial - Weekends (per hour) $181 6 Rental Gazebo only - Non-resident or Commercial - Weekends (per day) $1,456 6 Rental Gazebo only -Resident - Weekdays (per hour) $107 6 Rental Gazebo only -Resident - Weekdays (per day) $433 6 Rental Gazebo only -Non-profit (verification req'd) - Weekdays (per hour) $107 6 Rental Gazebo only -Non-profit (verification req'd) - Weekdays (per day) $433 6 Rental Gazebo only - Non-resident or Commercial - Weekdays (per hour) $128 6 Rental Gazebo only - Non-resident or Commercial - Weekdays (per day) $520 Group Picnic Area (Near Tot Lot)
6 Group Picnic Area - Resident - Weekends (per hour - 4 hour minimum) $36 See Foot Notes on pages 10 Page 7

CITY OF CLAYTON
Adopted FY 22-23 Master Fee Schedule
Updated by the City Council, March 21, 2023
Exhibit B
Resolution #__-2023
Foot
Notes Fee/Deposit Description
Proposed FY 2022-23
Fee/Deposit 5% CPI Increase
(8.8% total increase)
City of Clayton User Benefit, Regulatory and Rental Fees 6 Group Picnic Area - Resident - Weekends (per day) $250 6 Group Picnic Area - Non-profit (verification req'd) - Weekends (per hour - 4 hour minimum) $36
6 Group Picnic Area - Non-profit (verification req'd) - Weekends (per day) $250 6 Group Picnic Area - Non-resident or Commercial - Weekends (per hour - 4 hour minimum) $43
6 Group Picnic Area - Non-resident or Commercial - Weekends (per day) $302 6 Group Picnic Area - Resident - Weekdays (per hour - 4 hour minimum) $30 6 Group Picnic Area - Resident - Weekdays (per day) $231 6 Group Picnic Area - Non-profit (verification req'd) - Weekdays (per hour - 4 hour minimum) $30
6 Group Picnic Area - Non-profit (verification req'd) - Weekdays (per day) $231 6 Group Picnic Area - Non-resident or Commercial - Weekdays (per hour - 4 hour minimum) $35
6 Group Picnic Area - Non-resident or Commercial - Weekdays (per day) $277 Plaza Picnic Area (Per Table)
6 Plaza Picnic Area - Resident - Weekends (per hour - 4 hour minimum) $36 6 Plaza Picnic Area - Resident - Weekends (per day) $250 6 Plaza Picnic Area - Non-profit (verification req'd) - Weekends (per hour - 4 hour minimum) $36
6 Plaza Picnic Area - Non-profit (verification req'd) - Weekends (per day) $250 6 Plaza Picnic Area - Non-resident or Commercial - Weekends (per hour - 4 hour minimum) $43
6 Plaza Picnic Area - Non-resident - or Commercial - Weekends (per day) $302 6 Plaza Picnic Area - Resident - Weekdays (per hour - 4 hour minimum) $30 6 Plaza Picnic Area - Resident - Weekdays (per day) $231 6 Plaza Area - Non Profit (verification req'd) - Weekdays (per hour - 4 hour minimum) $30
6 Plaza Picnic Area - Non-profit (verification req'd) - Weekdays (per day) $231 6 Plaza Picnic Area - Non-resident or Commercial - Weekdays (per hour - 4 hour minimum) $35
6 Plaza Picnic Area - Non-resident or Commercial - Weekdays (per day) $277 6 Fountain operation with geysers (per 48 hour block) $468 Special Event Liability Insurance purchased through City's 3rd party carrier Insurance cost per schedule rates by
insurance provider when purchasing
insurance through City 3rd party
carrier
6 Special Event Liability Insurance Administrative Fee (per certificate) $43

ADMINISTRATIVE FEES
Document Copying (10 pages or less) No charge
7 Document Copying (per page > 10 pages) $0.10
6 Document Recording [with County Clerk Recorders Office] (Actual recording fee costs plus staff time & mileage) (per document) $150 Trail Maps (Fixed - per map) $2
2 Video/Audio Recording(s) of City Council or Planning Commission Meetings (placed on CD, DVD, flash drive, etc. as applicable) Cost 2 Printed documents (i.e. general plan, budget, zoning ord., etc.) Cost 2 Video Recordings of Meetings Cost
FPPC Document Copying (per page - State law) (per page) $0.10 7 Notary Public Fee (per document - State law) (per document) $15 Business License Initial Registration Fee - New Business $70 See Foot Notes on pages 10 Page 8

The Late Payment Charge shall not
exceed 100 percent (100%) of the
original fine.
6 Street Closure Fee $144
Administrative penalty for City issued permits after the fact (encroachment permit; tree removal permit, etc.) Double the original permit fee 6 Code Enforcement non-compliance re-inspection after the first inspection (in addition to any citation fines) (per inspection) $42 See Foot Notes on pages 10 Page 9

This specified Clayton Community Park picnic area is only available for rent in 4 hour block increments.

Amount reflects minimum engineering deposit for standard project requirements. However additional amounts may be required as determined by the City Engineer based on the size of the project and for unusual or non-standard circumstances. All costs for inspection and administration relating to this permit shall be deducted from the inspection service deposit(s) or cash bond.

CPI in prior year Master Fee Schedule (FY 2021 or FY2022) did not result in a fee increase due to the CPI impact being too trivial to warrant a full dollar increase as fees are adopted in whole dollars only. Therefore, fees in these areas for FY2023 did not increase.

City operational costs are driven both by labor increases and by overall cost of living increases and fees are adjusted by the higher of those two each year. For FY22 the CPI is equal to 5.0%, City Labor increases are equal to either 3% or 4%; thus the rates are increasing by 5.0%. They did not increase in FY22 due to staff turnover and COVID related delays; therefore, we are also including an increase of 3.8% for FY22. The total increase from FY21 to FY23 is 8.8%.

All fixed-cost development application fees are refundable based upon the City amount of staff work completed on the process of the application and subject to approval by the City Manager.

If a development project requires multiple applications, only a single deposit shall be required. In such cases, the amount of the deposit shall be the largest single deposit required by any of the applications, or an amount determined by the City Manager, not to exceed the sum of the deposits.

Deposits are required upon submittal of an application. A minimum deposit is stipulated by these fees. At City Manager's discretion, deposit requirement can be reduced. Also, if it is the judgment of staff a minimum deposit is not sufficient, the required deposit may be increased. If, after a deposit is made, more funds are needed, the applicant will be notified when approx. 30% of the deposit remains, any additional funds estimated by staff are to be provided to replenish the deposit account for continuing work on the project, until such funds are received work on the project may be suspended.

FOOT NOTES
See Foot Notes on pages 10 Page 10
Agenda Item: 7(b)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dana Ayers, AICP, Community Development Director
DATE: March 21, 2023
SUBJECT: Introduce and Waive First Reading of an Ordinance to Amend Clayton Municipal Code Chapter 17.47, Sections 17.04.083 and 17.44.030, and Schedule 17.37.030A Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units (ZOA-02-2022), and Finding that Such Amendment is Exempt from CEQA Pursuant to Public Resources Code Section 21080.17.
___________________________________________________________________________

RECOMMENDATION
Staff recommends that the City Council open the public hearing and accept written and spoken testimony, close the public hearing, and introduce and waive further reading of the attached Ordinance amending Clayton Municipal Code (CMC) chapter 17.47 to comply with state law, and making other revisions to CMC Title 17 as necessary to ensure internal consistency of the municipal code in light of the amendments to CMC chapter 17.47.

BACKGROUND
On December 17, 2019, the City Council of the City of Clayton (City) adopted Resolution No. 50-2019 authorizing City staff to submit an application for funding through the Senate Bill 2 Planning Grants Program implemented by the California Department of Housing and Community Development (HCD). The scope of the planning efforts to which the grant funds were to be applied included amendment of the City’s ADU ordinance to align with California law, and creation of pre-checked architectural plans for ADUs to shorten residents’ planning and permitting processes for construction of ADUs.

On March 22, 2021, the City Council established a set of goals for the Council and staff to aim to accomplish in 2021/2022. Land Use and Housing Goal 2 was amendment of Clayton’s ADU ordinance to comply with state law.
2 State law governing construction of ADUs and JADUs is contained in Government Code sections 65852.2 (ADUs) and 65852.22 (JADUs), which were mostly recently amended on September 28, 2022, with the Governor’s signing of Senate Bill 897 and Assembly Bill 2221.

The statutes establish allowances and provisions for construction of ADUs and JADUs for any California jurisdiction that does not have its own local ordinance that complies with state law. The statutes also allow cities and counties to adopt local ordinances with more refined standards that fall within the parameters of state law, or in some cases, with more relaxed standards than those that are prescribed in state law.

Briefly summarized, and with certain exceptions, the Government Code allows cities and counties to adopt ordinances that:
• Designate areas within the jurisdiction where ADUs may be permitted on properties zoned to allow single-family or multifamily dwellings;
• Impose parking, height, setback, landscape, architectural, size and other objective standards on ADUs;
• Allow ADUs to be rented separately from the primary residence, and under certain circumstances, to be sold separately from the primary residence; • Allow ADUs to be attached to, detached from, or within a primary residence or a residential accessory structure such as a garage or storage area; • Limit the floor area of an ADU to no more than half the floor area of the primary residence;
• Establish minimum and maximum sizes for attached and detached ADUs; provided, that the ordinance does not prohibit an efficiency unit1, nor set a maximum floor area that is less than 850 square feet, or 1,000 square feet for an ADU with two or more bedrooms;
• Prohibit rental of ADUs for fewer than 30 days; and
• Limit the number of JADUs to one per lot zoned for a single-family residence.

State law precludes a city or county from:
• Imposing a minimum setback requirement for an ADU that is converted from an existing structure;
• Imposing a side or rear yard setback greater than 4 feet for ADUs built in the same location and to the same dimensions as an existing structure; • Imposing any lot coverage, floor area ratio (FAR), open space, or front setback requirement that would result in an ADU being smaller than 800 square feet; • Imposing an ADU building height maximum that is fewer than 16 feet for any detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit, or fewer than 18 feet (plus 2 additional feet to accommodate roof pitch) for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within 0.5 miles walking distance of a major transit stop or highquality transit corridor, or fewer than 18 feet for a detached ADU on a lot with an 1 California Health and Safety Code section 17958.1 defines an efficiency unit as a unit designed for occupancy by up to two people, with a minimum floor area of 150 square feet and that may have partial kitchen or bathroom facilities.
3 existing or proposed multifamily, multistory dwelling, or fewer than 25 feet for an attached ADU where the primary dwelling is permitted to exceed 25 feet in height; • Imposing any parking requirement for ADUs within one-half mile walking distance of public transit, within an historic district, within one block of a car share facility, if parking permits are not available to ADUs, and where the ADU is part of a proposed or new primary residence or accessory structure, or when a permit application for an ADU is submitted with the permit application to create a new single-family or multifamily dwelling on the same lot (provided the ADU or the parcel satisfies any aforementioned parking prohibition); in any other instance, the agency may not impose any parking requirement that exceeds the lesser of one stall per ADU or one stall per bedroom in the ADU;
• Requiring that covered parking (in a garage or carport, for example) be replaced in the event that the parking structure is demolished for the ADU or converted to living space in an ADU;
• Imposing an owner-occupant requirement on any ADU before January 1, 2025, or requiring owner occupancy of the single-family dwelling within which a JADU is built (other than for residences owned by a governmental agency, land trust or housing organization); or
• Requiring any permit beyond a building permit for an ADU and/or JADU, if specified conditions are met.

In addition to development and permitting regulations governing ADUs, state law precludes any ADU smaller than 750 square feet in size from being subject to impact fees. For ADUs of 750 or more square feet, fees are charged according to the proportion of the size of the ADU relative to the residence to which it is accessory (e.g., 50 percent if the ADU is half the size of the main residence). Local ADU ordinances adopted by decision-making bodies of cities and counties are also subject to review by staff of HCD for compliance with the regulations of state law.

PROJECT DESCRIPTION
The draft ordinance that is the subject of tonight’s public hearing incorporates the required provisions of state law, including establishment of a ministerial (i.e., without discretionary review or a hearing) process for permitting of JADUs and certain ADUs. Section 17.47.030 of the proposed ordinance creates two categories of ADUs that state law requires the City to approve ministerially, specifically Type 1 and Type 2 ADUs. Both categories are discussed in turn, as follows.

Type 1 ADUs must be permitted by the City by building permit only. Generally, Type 1 ADUs are:

1. Converted on a Single-Family Lot. These are JADUs, which by their definition are built entirely within an existing residence, and/or ADUs that are built within an existing residence or an accessory structure and that may include an expansion of no more than 150 square feet (for purposes of accommodating ingress and egress). 4 2. Limited Detached ADUs on a Single-Family Lot. These are detached ADUs no larger than 800 square feet on single-family lots, where side and rear yard setbacks are at least 4 feet, and the peak of the ADU meets applicable height requirements.

3. Converted on a Multifamily Lot. These are ADUs constructed within storage rooms, attics, garages, passageways and other areas not used as living spaces within a multifamily residential building.

4. Limited Detached ADUs on a Multifamily Lot. These are detached ADUs on lots developed with multifamily residential units; provided, that the side and rear yard setbacks are at least 4 feet, and the roof peak of the ADU meets applicable height requirements.

For Type 1 ADUs, draft ordinance section 17.47.040 requires that the Community Development Director (or the Director’s designee) approve or deny the building permit within 60 days of receipt of a complete permit application. If the Director denies a building permit for a Type 1 ADU, the Director must include with the denial a complete listing of the deficiencies of the application and a description of how the applicant can remedy or correct those deficiencies. Once built, a Type 1 ADU would be subject to a restriction that the unit be rented for a minimum of 30 days (i.e., no short-term rental of the unit). Each of these provisions is required by state statute.

Type 2 ADUs would encompass ADUs, with or without a JADU, that qualify for ministerial approval under state law but that do not fit into the category of a Type 1 ADU. Type 2 ADUs would require approval of an administrative ADU Permit and a building permit. Like Type 1 ADUs, the Community Development Director is responsible for reviewing Type 2 ADU applications and must render a decision within 60 days of receiving a complete application.

In addition to the general ADU standards provided in section 17.47.050, Type 2 ADUs would be subject to development standards that are listed in sections 17.47.060 of the draft ordinance. In summary, the additional standards in section 17.47.060 would require that the ADU is:
• limited in size to 1,200 square feet, a standard that is within the parameters of state law (Government Code section 65852.2(a)(1)(D)(v)) and that aligns with the size of the largest ADU in the City’s Pre-Checked ADU Plan Program currently being developed;2
• subject to FAR maximums as listed in draft section 17.47.060, subsection B, of the ordinance (which are abbreviated from but generally align with the more detailed FAR standards in CMC chapter 17.78);
• subject to compliance with minimum 4-foot side and rear yard setbacks, as well as the minimum front yard setback of the zoning district in which the property is located; • required to maintain at least 35 percent of the lot as open space; and • required to match the appearance and architectural design elements of the principal dwelling on the property.
2 State law allows, but does not require, cities to limit Type 2 ADUs with two or more bedrooms to 1,000 square feet. (Gov. Code, § 65852.2(c)(2)(B)(ii)).
5 Any ADU that does not qualify for ministerial approval as either a Type 1 or Type 2 ADU (e.g., the ADU is larger than 1,200 square feet) would be subject to the City’s discretionary Site Plan Review Permit process provided in CMC chapter 17.44 (and would require review and approval by the Planning Commission pursuant to that chapter).

DISCUSSION
Code Compliance: CMC section 17.56.010 authorizes the City Council to amend the Zoning Ordinance (CMC Title 17) upon recommendation from the Planning Commission, whenever the public necessity, convenience and general welfare require such amendment.

Amendments to the Zoning Ordinance can be initiated by the City Council, Planning Commission, or qualified applicant pursuant to CMC section 17.56.020. In addition to finding that the proposed amendment would serve the public necessity, convenience and general welfare, the City Council must find that the proposed amendment is in general conformance with the General Plan (CMC section 17.56.060) prior to adopting the amendment.

The proposed amendment to the City’s adopted ADU regulations in its Zoning Ordinance was initiated by the City Council through the Council goals set in March 2021. Following a duly-noticed public hearing held on February 28, 2023, the Planning Commission adopted Resolution No. 03-2023: 1) making findings of General Plan consistency and public necessity, convenience and welfare; and 2) recommending that the City Council adopt the amendments as written in and attached to that Resolution.

Required Findings: Staff believes that the City Council can make the necessary findings to adopt the proposed Zoning Ordinance Amendment relative to ADUs and JADUs.

The proposed amendment is consistent with the Clayton General Plan as a matter of law. (Gov. Code, § 65852.2(a)(1)(C)). Additionally, the proposed amendment is consistent with the following adopted goals and policies of the Clayton General Plan Land Use Element and Housing Element Update for the 6th housing cycle.

Land Use Goal 2: To encourage a balance of housing types and densities consistent with the rural character of Clayton, while accommodating higher density housing types in appropriate locations.

Land Use Goal 4: To control development through appropriate zoning, subdivision regulations and code enforcement.

Land Use Goal 10: To provide housing opportunities which serve the varied social and economic segments of the Clayton community.

Housing Element Goal 2: Encourage a variety of housing types, densities, and affordability levels to meet the diverse needs of the community, including a mix of ownership and rental.
6 Housing Element Policy 2.3: Accessory Dwelling Units. Promote construction of accessory dwelling units as a way to increase the housing stock, particularly for lower-income households, seniors, young adults and persons with disabilities, recognizing that ADUs also promote investment in existing properties and reduce ongoing housing costs for property owners.

The proposed amendment would result in greater diversity in the City’s housing stock, in that it would facilitate a broader range in the construction of smaller, more affordable and rentable ADUs and JADUs ancillary to single-family and multifamily housing developments.

These ADUs and JADUs would be in addition to the predominant single-family residential housing type in Clayton. The proposed amendment would establish zoning regulations and standards governing size, FAR, setbacks, off-street parking requirements, and architectural compatibility of ADUs to ensure that ADUs retain the visual character of the Clayton community while complying with the provisions and limitations specified in state law. The proposed amendment would implement Housing Element Program D1 by providing property owners and City staff with a clear path toward permitting for construction of ADUs and JADUs that is in compliance with state law.

Staff believes that the proposed amendment would serve the public necessity, convenience and general welfare of the City. The proposed ordinance simplifies and presents the extensive and detailed provisions of state law in a more approachable format for residents and staff, starting with classification of ADUs as Type 1, Type 2 or Site Plan Review projects (the latter of which is how ADUs that to not qualify for ministerial approval under Type 1 and Type 2 are reviewed and approved). This more approachable organization of the statutory regulations of state law adds better clarity to the regulations, reducing questions and potential areas of confusion for residents interested in building ADUs/JADUs and their designers, and creating a clearer and more efficient path for City staff to process ADU and JADU permit requests. The proposed ordinance also offers additional flexibility to local property owners, expanding on the provisions in state law to allow for otherwise nonconforming ADUs subject to Site Plan Review permit approval, and not carrying forward a requirement for owner-occupancy of a property with a Type 2 or Site Plan Review ADU.

ADUs in themselves offer opportunities for smaller and more affordable units that accommodate existing residents to age in place, and provide opportunities for new residents and newly-independent people to live in affordably-priced rental housing in the City. By providing rental income or opportunities to house extended family, ADUs can also reduce mortgage costs and can eliminate the expenses of long-term care residential care, resulting in more affordable housing and cost savings for existing residential property owners, as well.

Other Amendments: The proposed Zoning Ordinance Amendment would revise in entirety the text of CMC chapter 17.47 applicable to ADUs to comply with state law. In addition to the revision of CMC chapter 17.47, staff recommends revisions to CMC section 17.04.083 (definition of second dwelling unit), to CMC section 17.44.030 (Site Plan Review Permit exemptions) and to CMC schedule 17.37.030A (off-street parking requirements) for consistency with the amended text of the ADU/JADU zoning regulations. 7 CEQA: This proposed Zoning Ordinance Amendment is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17, Application of Division to Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Units.

FISCAL IMPACTS
Adoption of the Ordinance amending the CMC would not have direct fiscal impacts to the City. Property owners intending to construct an ADU and/or JADU on their property would pay permit fees to cover staff costs for review of plans and permitting for their projects.

ATTACHMENTS

1. Ordinance

2. Planning Commission Resolution No. 03-2023

3. California Government Code Section 65852.2

4. California Government Code Section 65852.22

5. Presentation Slide Deck

6. Video of February 28, 2023, Planning Commission Meeting (online at https://claytonca.gov/community-development/planning/planningcommission/planning-commision-agendas/)

Page 1 of 6 ends

ORDINANCE NO. -2023
AN ORDINANCE AMENDING CLAYTON MUNICIPAL CODE CHAPTER 17.47, SECTIONS 17.04.083 AND 17.44.030, AND SCHEDULE 17.37.030A PERTAINING TO ACCESSORY DWELLING UNITS (ZOA-02-2022),

AND FINDING THAT SUCH AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17

THE CITY COUNCIL
City of Clayton, California
The City Council of the City of Clayton DOES ORDAIN as follows:

Section 1. Recitals
A. California state law governing construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) is contained in Government Code section 65852.2 and Government Code section 65852.22, which were most recently amended on September 28, 2022, by Senate Bill 897 and Assembly Bill 2221.

B. Clayton Municipal Code (CMC) chapter 17.47, “Second Dwelling Units,” was most recently amended in 2004 by adoption of Ordinance No. 373 and does not incorporate all of the provisions of Government Code sections 65852.2 and 65852.22.

C. Government Code sections 65852.2 and 65852.22 establish allowances and provisions for construction of ADUs and JADUs for any California jurisdiction that does not have its own local ordinance that complies with state law.

D. Government Code sections 65852.2 and 65852.22 also authorize cities and counties to adopt local ordinances with more refined standards that fall within the parameters of state law, or with more relaxed standards than those that are prescribed in state law.

E. On March 22, 2021, the City Council established a set of goals for the City Council and staff to aim to accomplish in 2021/2022, and Land Use and Housing Goal 2 was to amend Clayton’s ADU ordinance to establish local ADU and JADU permitting procedures and regulations in compliance with state law.

F. CMC chapter 2.12 establishes a Planning Commission for the City of Clayton, and Government Code sections 65854 and 65855 require the Planning Commission to conduct a public hearing prior to making a recommendation to the legislative body (City Council) on a proposed amendment to the Zoning Ordinance (CMC Title 17).

Page 2 of 6 ends

G. On February 28, 2023, the Clayton Planning Commission held a duly-noticed public hearing on the City-initiated Zoning Ordinance Amendment Application ZOA-02-2022 pertaining to the establishment of local permitting procedures and regulations for the construction of ADUs and JADUs in Clayton, and at that public hearing, the Commission received and considered spoken and written testimony and evidence on the matter prior to adopting Resolution No. 03-2023 recommending City Council adoption of the proposed amendments.

H. In accordance with Government Code section and 65090, on or prior to March 10, 2023, notice of the Clayton City Council public hearing to consider the amendment to the City’s adopted zoning regulations pertaining to ADUs and JADUs was published in the East Bay Times; was posted to the notice boards at Clayton City Hall and Clayton Community Library, and to Ohm’s board in the Clayton Town Center; and was mailed electronically to interested parties who had requested such notice.

I. On March 21, 2023, the Clayton City Council held a duly-noticed public hearing on the City-initiated Zoning Ordinance Amendment Application ZOA-02-2022 pertaining to the establishment of local permitting procedures and regulations for the construction of ADUs and JADUs in Clayton, and at that public hearing, received and considered spoken and written testimony and evidence on the matter.

Section 2. Findings
Based on the information in the Community Development Department files on this project, incorporated here by reference and available for review at City Hall, 6000 Heritage Trail in Clayton, the City Council finds that:

A. The foregoing recitals are true and correct and are incorporated herein by reference.

B. The proposed Zoning Ordinance Amendment is consistent with the General Plan, and specifically, Land Use Goals 2, 4 and 10; and Housing Element Policy Goal 2 and Policy 2.3. Together, these goals and policies encourage diversity in housing types and tenures, support appropriate development controls through zoning regulation, and encourage construction of accessory dwelling units. The proposed amendment would facilitate construction of smaller, more affordable and rentable ADUs and JADUs in addition to the predominant single-family residential housing type in Clayton. The proposed amendment would establish zoning regulations and standards governing size, floor area ratio, setbacks, off-street parking requirements, and architectural compatibility of ADUs to ensure that ADUs retain the visual character of the Clayton community while complying with the provisions and limitations specified in state law. The proposed amendment would implement Housing Element Program D1 by providing property owners and city staff with a clear path toward permitting of ADUs and JADUs that is in compliance with state

Page 3 of 6 ends

law. In addition to the foregoing, the proposed Zoning Ordinance Amendment is consistent with the General Plan as a matter of law pursuant to Government Code section 65852.2(a)(1)(C).

C. The proposed Zoning Ordinance Amendment would serve the public necessity, convenience and general welfare. The proposed ordinance simplifies and presents the extensive and detailed provisions of state law in a more approachable format for residents and city staff, starting with classification of ADUs as Type 1, Type 2 or Site Plan Review projects. This more approachable organization of the statutory regulations of state law adds better clarity to the city’s regulations, reducing questions and potential areas of confusion for residents interested in building ADUs/JADUs and their designers, and creating a clearer and more efficient path for city staff to process ADU and JADU permit requests. The proposed ordinance also offers additional flexibility to local property owners, expanding on the provisions in state law to allow for ADUs not otherwise conforming with statute subject to Site Plan Review permit approval, and not carrying forward a requirement for owner-occupancy of a property with Type 2 or Site Plan Review ADUs. ADUs in themselves offer opportunities for smaller and more affordable units that accommodate existing residents to age in place, and provide opportunities for new residents and newly-independent people to live in affordably-priced rental housing in the city. By providing rental income or opportunities to house extended family, ADUs can also reduce mortgage costs and eliminate the expenses of long-term care residential care, resulting in more affordable housing and cost savings for existing residential property owners, as well.

D. Other revisions to CMC Title 17 are necessary to ensure consistency of these municipal code titles with the amended text of the ADU/JADU zoning regulations.

E. This recommended amendment to Clayton Municipal Code is statutorily exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.), pursuant to Public Resources Code section 21080.17, Application of Division to Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Units.

Section 3. Zoning Ordinance Amendment
Based on the findings and the authority set forth above, the City Council hereby amends Title 17 (Zoning) of the Clayton Municipal Code, as follows:

Page 4 of 6 ends

an Accessory Dwelling Unit as defined in section 17.47.020A. mean an attached or detached dwelling unit, which provides complete independent living facilities for one or more persons including, but not limited to the permanent provisions for living, sleeping, eating, cooking and sanitation. A second dwelling unit also includes an efficiency unit and manufactured home, as defined in California Health and Safety Code §§ 17958.1 and 18007, respectively.”
B. Amendment of the Off-Street Parking Space Requirements in Schedule

17.37.030A. That the parking requirements for the residential use classification, “Second Dwelling Unit,” in Clayton Municipal Code schedule

17.37.030A be hereby amended and restated as shown in underline/strikethrough to read as follows:
“Use Classification Required Off-Street Parking Spaces
Second Accessory Dwelling Unit See section 17.47.020.B 17.47.060.G” C. Amendment to Clayton Municipal Code Section 17.44.030. That Clayton Municipal Code section 17.44.030 be hereby amended and restated as shown in underline/strike-through to read as follows:
“17.44.030 Exemptions.

Any new development meeting one of the following characteristics shall be exempt from a Site Plan Review Permit. Such exempt development may directly apply for a building permit which is administratively reviewed by staff.

A. Construction not meeting one of the criteria listed above; B. Construction receiving specific design authorization pursuant to an approved:

1. Development Plan Permit;

2. Vesting Tentative Map;

3. Development Agreement.

Section 4. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance, or the application thereof to any person or circumstances, is held to be unconstitutional or to be otherwise invalid by any court competent jurisdiction, such invalidity shall not affect other

Page 5 of 6 ends

provisions or clauses of this Ordinance or application thereof which can be implemented without the invalid provisions, clause, or application, and to this end such provisions and clauses of the Ordinance are declared to be severable.

Section 5. Effective Date and Publication.

This Ordinance shall become effective 30 days from and after its passage. Within 15 days after the passage of the Ordinance, the City Clerk shall cause the Ordinance, with the names of those City Council members voting for and against it, to be posted in three public places heretofore designated by resolution by the City Council for the posting of ordinances and public notices. Further, the City Clerk is directed to cause the amendments adopted in Section 3 of this Ordinance to be entered into the City of Clayton Municipal Code.

The foregoing Ordinance was introduced at a regular public meeting of the City Council of the City of Clayton held on March 21, 2023.

Passed, adopted and ordered posted by the City Council of the City of Clayton at a regular public meeting thereof held on , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
__________________________________
Jeff Wan, Mayor
ATTEST:
_______________________________
Janet Calderon, City Clerk
APPROVED AS TO FORM: APPROVED BY ADMINISTRATION:
_______________________________
Malathy Subramanian, City Attorney Ron Bernal, Interim City Manager

Page 6 of 6 ends

I hereby certify that the foregoing Ordinance was duly adopted, passed, and ordered posted at a regular meeting of the City Council held on _____________, 2023.

Janet Calderon, City Clerk
Exhibit A

Page 1 of 13 ends

Chapter 17.47
Accessory Dwelling Units

17.47.005 - Purpose.

The purpose of this chapter is to allow, regulate and establish procedures for permitting of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

17.47.010 - Effect of Conforming.

An ADU or JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in subsection G of section 17.47.020. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

17.47.020 - Definitions.

As used in this chapter, terms are defined as follows:

A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

C. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

Page 2 of 13 ends

D. “Efficiency kitchen” means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet in size.

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined in subsection D above.

F. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

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

H. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

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

J. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Page 3 of 13 ends

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

17.47.030 – Permits Required.

The following permitting requirements apply to ADUs and JADUs under this chapter:

A. Type 1 ADU - Building Permit Only. If an ADU or JADU complies with each of the general requirements in section 17.47.050, it is allowed with only a building permit in the following scenarios:

1. Converted on Single-family Lot. One ADU as described in this subsection A.1 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or, in the case of an ADU only, within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
d. The JADU complies with the requirements of California Government Code section 65852.22.

2. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection A.1 above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least 4 feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection B of section 17.47.050.

3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state

Page 4 of 13 ends

building standards for dwellings. Under this subsection A.3, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a. The side- and rear-yard setbacks are at least 4 feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, then the Director shall not require any modification to the multifamily dwelling as a condition of approving the ADU. b. The peak height above grade does not exceed the applicable height limit provided in subsection B of section 17.47.050.

B. Type 2 ADU - Administrative ADU Permit Required. An ADU that does not qualify as a Type 1 ADU (as set forth in subsection A above) may be constructed with Director approval of a building permit and an ADU Permit in compliance with the standards set forth in sections 17.47.050 and 17.47.060. An application for an ADU Permit shall be submitted on a form prescribed by the Community Development Department and be accompanied by any ADU Permit application processing fee established by City Council resolution.

17.47.040 – Process and Timing.

A. Applications for Type 1 and Type 2 ADUs (under subsections A and B of section

17.47.030, respectively) will be considered and approved ministerially, without discretionary review or a hearing.

B. The Director must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the Director has not approved or denied the completed application within 60 days, the application is deemed approved unless either of the following occurs:

1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the Director may delay acting on the permit application for the ADU or JADU until the Director approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

Page 5 of 13 ends

C. If the Director denies an application to create an ADU or JADU, the Director must provide the applicant with a full set of comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. The Director must provide the applicant with the notice of the denial and the corresponding comments within the 60-day time period established by subsection B above.

D. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

17.47.050 – General ADU and JADU Requirements.

The following requirements apply to all Type 1 and Type 2 ADUs and JADUs that are approved under section 17.47.030:

A. Zoning.

1. A Type 1 ADU or JADU subject only to a building permit under subsection A of section 17.47.030 may be created on a lot in a residential or mixeduse district.

2. A Type 2 ADU or JADU subject to an ADU permit under subsection B of section 17.47.030 may be created on a lot that is zoned to allow singlefamily dwelling residential use or multifamily dwelling residential use.

B. Height.

1. Except as otherwise provided by subsections B.2 and B.3 below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in section 21155 of the Public Resources Code, and the ADU may be to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the

Page 6 of 13 ends

foregoing, ADUs subject to this subsection B.4 may not exceed two stories.

5. For purposes of this subsection B, height is measured above existing legal grade to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger the requirement for fire sprinklers to be installed in the existing primary dwelling.

D. Rental Term. No Type 1 ADU or JADU may be rented for a term that is shorter than 30 days.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an onsite wastewater treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. Owner occupancy is not required on a property on which an ADU has been created.

2. As required by state law, properties on which a JADU has been created are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection G.2 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H. Deed Restriction. Prior to final inspection for occupancy of an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the Director and must provide that:

Page 7 of 13 ends

1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the Director for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

I. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, with the building permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. Notwithstanding the foregoing, the requirements of this subsection shall only apply to properties for which the ADU or JADU is being built to satisfy affordable inclusionary housing requirements of a development or is subject to an affordable housing agreement between the City and the property owner.

J. Building & Safety.

1. Compliance with building code. Subject to subsection J.2 below, all ADUs and JADUs must comply with all local building code requirements.

2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in

Page 8 of 13 ends

section 310 of the California Building Code, unless the building official or code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection J.2 prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

17.47.060 - Development Standards. The following requirements apply only to Type 2 ADUs that require an ADU permit under subsection B of section 17.47.030.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 1,200 square feet.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this section 17.47.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection A.2 above or of an FAR, lot coverage limit, minimum front yard setback or open-space requirement may require the ADU to be less than 800 square feet.

B. Floor Area Ratio (FAR). Subject to subsection A.3 above, no ADU subject to this section may cause the floor area ratio of all residential and accessory structures on a lot to exceed the maximum FAR as specified according to the following schedule:

Net Parcel Area (square feet) Maximum FAR
Up to 7,000 0.55
7,001 to 8,000 0.53
8,001 to 9,000 0.51
9,001 to 10,000 0.49
10,001 to 11,000 0.47
11,001 to 12,000 0.45
12,001 to 13,000 0.43
13,001 to 14,000 0.41
14,001 to 15,000 0.39
15,001 to 16,000 0.37
Over 16,000 0.35

Page 9 of 13 ends

C. Setbacks.

1. An ADU that is subject to this section must conform to the following minimum front-yard setbacks, subject to subsection A.3 above:
a. R-10, R-12, R-15 and All Multiple Family Residential Districts: 20 feet
b. R-20 District: 25 feet
c. R-40 and R-40-H Districts: 40 feet

2. An ADU that is subject to this section must conform to minimum 4-foot side- and rear-yard setbacks.

3. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

D. Lot Coverage. Subject to subsection A.3 above, no ADU subject to this section may cause the total lot coverage of the lot to exceed either:
a. 50 percent on a lot with an area less than 15,000 square feet; or b. 35 percent on a lot with an area of 15,000 or more square feet.

E. Minimum Open Space. No ADU subject to this section may cause the total percentage of open space of the lot to fall below 35 percent, subject to subsection A.3.

F. Passageway. No passageway, as defined by subsection H of section 17.47.020, is required for an ADU.

G. Parking.

1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection K of section 17.47.020 above.

2. Exceptions. No parking under subsection G.1 above is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in subsection J of section 17.47.020 above.

Page 10 of 13 ends

b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection A of section 17.47.040. d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
f. For an ADU constructed as an efficiency unit as defined by section 17958.1 of the California Health and Safety Code.
g. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in subsections a through f, above.

3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces within the garage, carport, or covered parking structure are not required to be replaced.

H. Architectural Requirements.

1. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design elements of those of the primary dwelling.

2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of 7 feet.

Page 11 of 13 ends

6. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

7. All windows and doors in an ADU that are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

I. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and the side and rear lot lines of the property, as follows:

1. At least one 15-gallon size tree shall be planted for every 15 linear feet of exterior wall, or at least one 15-gallon size shrub shall be planted for every 10 linear feet of exterior wall.

2. Plant specimens must be capable of reaching a height of at least 6 feet tall at maturity.

3. Notwithstanding the foregoing, a solid fence of at least 6 feet in height may be installed in lieu of landscaping where the distance between the ADU and property line is less than 5 feet.

4. All landscaping must be low water use and drought-tolerant.

J. Historical Protections. An ADU that is on or within 300 feet of real property that is listed in the California Register of Historic Resources must do both of the following:

1. Comply with the objective ministerial standards for Preservation, Rehabilitation, Restoration, or Reconstruction in the Secretary of the Interior’s Standards for the Treatment of Historic Properties, as applicable.

2. Be located so as to not be visible from any public right-of-way.

17.47.070 - Fees.

The following requirements apply to all ADUs that are approved under section

17.47.030 of this chapter.

A. Impact Fees.

1. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection A, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the

Page 12 of 13 ends

Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
B. Utility Fees.

1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility, and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection B.1 above, converted ADUs on a single-family lot that are created under subsection A.1 of section

17.47.030 are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in subsection B.1, all ADUs that are not covered by subsection B.2 require a new, separate utility connection directly between the ADU and the utility.
a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

17.47.080 – Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
A. Generally. The Director will not deny an application to construct an ADU or JADU due to a nonconforming zoning condition, building code violation or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs constructed before 2018.

Page 13 of 13 ends

1. Permit to Legalize. As required by state law, the Director may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards; or
b. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (chapter 17.47).

2. Exceptions.
a. Notwithstanding subsection B.1 above, the Director may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the Director makes a finding that correcting a violation is necessary to protect the health and safety of the public or of the occupants of the structure. b. Subsection B.1 above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

17.47.090 - Nonconforming ADUs and Discretionary Approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in sections 17.47.005 through 17.47.080 of this chapter may be allowed by the City with a Site Plan Review Permit, in accordance with chapter 17.44 of this title.

Page 1 of 5 ends

CITY OF CLAYTON

PLANNING COMMISSION
RESOLUTION NO. 03-2023

A RESOLUTION OF THE CLAYTON PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND CLAYTON MUNICIPAL CODE CHAPTER 17.47, SECTIONS 17.04.083 AND 17.44.030, AND SCHEDULE 17.37.030A PERTAINING TO ACCESSORY DWELLING UNITS (ZOA-02-2022),

AND FINDING THAT SUCH AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17
WHEREAS, California state law governing construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) is contained in Government Code section 65852.2 and Government Code section 65852.22, which were most recently amended on September 28, 2022, by Senate Bill 897 and Assembly Bill 2221; and
WHEREAS, Clayton Municipal Code (CMC) chapter 17.47, “Second Dwelling Units,” was most recently amended in 2004 by adoption of Ordinance No. 373 and does not incorporate all of the provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, Government Code sections 65852.2 and 65852.22 establish allowances and provisions for construction of ADUs and JADUs for any California jurisdiction that does not have its own local ordinance that complies with state law; and WHEREAS, Government Code sections 65852.2 and 65852.22 also authorize cities and counties to adopt local ordinances with more refined standards that fall within the parameters of state law, or with more relaxed standards than those that are prescribed in state law; and
WHEREAS, on March 22, 2021, the City Council established a set of goals for the City Council and staff to aim to accomplish in 2021/2022, and Land Use and Housing Goal 2 was to amend Clayton’s ADU ordinance to establish local ADU and JADU permitting procedures and regulations in compliance with state law; and WHEREAS, CMC chapter 2.12 establishes a Planning Commission for the City of Clayton, and Government Code sections 65854 and 65855 require the Planning Commission to conduct a public hearing prior to making a recommendation to the legislative body (City Council) on a proposed amendment to the Zoning Ordinance (CMC Title 17); and
Planning Commission
Resolution No. 03-2023

Page 2 of 5 ends

WHEREAS, in accordance with Government Code sections 65854 and 65090, on or prior to February 18, 2023, notice of the Clayton Planning Commission public hearing to consider the amendment to the City’s adopted zoning regulations pertaining to ADUs and JADUs was published in the East Bay Times; was posted to the notice boards at Clayton City Hall and Clayton Community Library, and to Ohm’s board in the Clayton Town Center; and was mailed electronically to interested parties who had requested such notice; and
WHEREAS, on February 28, 2023, the Clayton Planning Commission held a dulynoticed public hearing on the City-initiated Zoning Ordinance Amendment Application ZOA-02-2022 pertaining to the establishment of local permitting procedures and regulations for the construction of ADUs and JADUs in Clayton, and at that public hearing, received and considered spoken and written testimony and evidence on the matter.

NOW, THEREFORE, THE COMMISSION DOES HEREBY FIND:

A. The foregoing recitals are true and correct and are incorporated herein by reference.

B. The proposed Zoning Ordinance Amendment is consistent with the General Plan, and specifically, Land Use Goals 2, 4 and 10; and Housing Element Policy Goal 2 and Policy 2.3. Together, these goals and policies encourage diversity in housing types and tenures, support appropriate development controls through zoning regulation, and encourage construction of accessory dwelling units. The proposed amendment would facilitate construction of smaller, more affordable and rentable ADUs and JADUsin addition to the predominant single-family residential housing type in Clayton. The proposed amendment would establish zoning regulations and standards governing size, floor area ratio, setbacks, off-street parking requirements, and architectural compatibility of ADUs to ensure that ADUs retain the visual character of the Clayton community while complying with the provisions and limitations specified in state law. The proposed amendment would implement Housing Element Program D1 by providing property owners and city staff with a clear path toward permitting of ADUs and JADUs that is in compliance with state law.

In addition to the foregoing, the proposed Zoning Ordinance Amendment is consistent with the General Plan as a matter of law pursuant to Government Code section 65852.2(a)(1)(C).

This more approachable organization of the statutory regulations of state law adds better clarity to the city’s regulations, reducing questions and Planning Commission
Resolution No. 03-2023

Page 3 of 5 ends

potential areas of confusion for residents interested in building ADUs/JADUs and their designers, and creating a clearer and more efficient path for city staff to process ADU and JADU permit requests. The proposed ordinance also offers additional flexibility to local property owners, expanding on the provisions in state law to allow for ADUs not otherwise conforming with statute subject to Site Plan Review permit approval, and not carrying forward a requirement for owner-occupancy of a property with Type 2 or Site Plan Review ADUs. ADUs in themselves offer opportunities for smaller and more affordable units that accommodate existing residents to age in place, and provide opportunities for new residents and newly-independent people to live in affordablypriced rental housing in the city. By providing rental income or opportunities to house extended family, ADUs can also reduce mortgage costs and eliminate the expenses of long-term care residential care, resulting in more affordable housing and cost savings for existing residential property owners, as well.

D. Other revisions to CMC Title 17 are necessary to ensure consistency of these municipal code titles with the amended text of the ADU/JADU zoning regulations.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby make the following recommendations to the City Council for amendments to Clayton Municipal Code sections 17.04.083 and 17.44.030, schedule 17.37.030A and chapter 17.47 pertaining to ADUs and JADUs:

A. Deletion of Clayton Municipal Code Section 17.04.083. That Clayton Municipal Code section 17.04.083 be hereby amended and restated as shown in underline/strike-through to read as follows:
“17.04.083 Dwelling Unit, Accessory or Second.
‘Accessory dwelling unit’ or ‘Ssecond dwelling unit’ are synonymous and shall refer to an Accessory Dwelling Unit as defined in section 17.47.020A. mean an attached or detached dwelling unit, which provides complete independent living facilities for one or more persons including, but not limited to the permanent provisions for living, sleeping, eating, cooking and sanitation. A second dwelling unit also includes an efficiency unit and manufactured home, as defined in California Health and Safety Code §§ 17958.1 and 18007, respectively.”
B. Amendment of the Off-Street Parking Space Requirements in Schedule

17.37.030A. That the parking requirements for the residential use Planning Commission
Resolution No. 03-2023

Page 4 of 5 ends

classification, “Second Dwelling Unit,” in Clayton Municipal Code schedule

A. Construction not meeting one of the criteria listed above; B. Construction receiving specific design authorization pursuant to an approved:

1. Development Plan Permit;

2. Vesting Tentative Map;

3. Development Agreement.

C. Second Type 1 and Type 2 accessory dwelling units and junior accessory dwelling units administratively ministerially approved in accordance with Chapter 17.47; provided, that Type 2 accessory dwelling units shall also require an ADU Permit in accordance with the requirements of Chapter 17.47.”
D. Amendment to Clayton Municipal Code Chapter 17.47. That Clayton Municipal Code chapter 17.47 be repealed and replaced in its entirety to read as shown in the attached Exhibit A.
[Remainder of page intentionally left blank.]
Planning Commission
Resolution No. 03-2023
PASSED AND ADOPTED by the Planning Commission of the City of Clayton at a regular meeting on the 28th day February, 2023.

AYES: Cesarin, Enea, Richardson, Shulman
NOES: none
ABSTAINED: none
ABSENT: Miller
APPROVED: ATTEST:

D~ ---
Dana Ayers, Alt P
Chair Community Development Director

Page 5 of 5 ends

2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 1/9 TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. )
65852.2.

GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 2/9 (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new singlefamily or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior 2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 3/9 accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. 2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 4/9 (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 5/9 (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of 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 construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. 2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 6/9 (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. 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. 2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 7/9 (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent 2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 8/9 provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. 2/23/23, 3:27 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_stat… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chapt… 9/9 (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
(Amended (as amended by Stats. 2021, Ch. 343, Sec. 1) by Stats. 2022, Ch. 664, Sec. 2.5. (SB 897) Ef ective January 1, 2023.)

2/23/23, 3:28 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_sta… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_statues=2022&op_cha… 1/3 TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. )
65852.22.

GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owneroccupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence.
(B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
2/23/23, 3:28 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_sta… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_statues=2022&op_cha… 2/3 (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.

The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new singlefamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. 2/23/23, 3:28 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_sta… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_statues=2022&op_cha… 3/3 (Amended by Stats. 2022, Ch. 664, Sec. 4. (SB 897) Ef ective January 1, 2023.)

3/16/2023
1 Introduction of an Ordinance Amending
Clayton Municipal Code Pertaining to
Accessory Dwelling Units
City Council Public Hearing
March 21, 2023
Regulatory Context
 On March 22, 2021, the City Council established a set of goals for the Council and staff to aim to accomplish in 2021/2022. Land Use and Housing Goal 2 was amendment of Clayton’s Accessory Dwelling Unit (ADU) ordinance to comply with state law.
 State law governing construction of ADUs and Junior ADUs (JADUs) is contained in Government Code sections 65852.2 (ADUs) and 65852.22 (JADUs), which were mostly recently amended on September 28, 2022, with the Governor’s signing of Senate Bill 897 and Assembly Bill 2221.  State statutes establish allowances and provisions for construction of ADUs and JADUs for any California jurisdiction that does not have its own local ordinance that complies with state law. The statutes also allow cities and counties to adopt local ordinances with more refined standards that fall within the parameters of state law, or in some cases, with more relaxed standards than those that are prescribed in state law.
3/16/2023
2 Regulatory Context: What the City can do…
 Designate areas where ADUs may be permitted on properties zoned to allow single-family or multifamily dwellings
 Impose parking, height, setback, landscape, architectural, size and other objective standards on ADUs
 Allow ADUs to be rented separately from the primary residence, and under certain circumstances, to be sold separately from the primary residence  Allow ADUs to be attached to, detached from, or within a primary residence or a residential accessory structure such as a garage or storage area  Limit the floor area of an ADU to no more than half the floor area of the primary residence
Regulatory Context: What the City can do…
 Establish minimum and maximum sizes for attached and detached ADUs; provided, that the ordinance does not prohibit an efficiency unit (a unit designed for occupancy by up to two people, with a minimum floor area of 150 square feet and that may have partial kitchen or bathroom facilities), nor set a maximum floor area that is less than 850 square feet, or 1,000 square feet for an ADU with two or more bedrooms
 Prohibit rental of ADUs for short-term rentals (fewer than 30 days)  Limit the number of JADUs to one per lot zoned for a single-family residence
3/16/2023
3 Regulatory Context: What the City cannot do…
 Impose a minimum setback requirement for an ADU that is converted from an existing structure;
 Impose a side or rear yard setback greater than 4 feet for ADUs built in the same location and to the same dimensions as an existing structure;  Impose any lot coverage, floor area ratio (FAR), open space, or front setback requirement that would result in an ADU being smaller than 800 square feet;
 Impose an ADU building height maximum that is fewer than 16 feet for any detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit, or fewer than 18 feet (plus 2 additional feet to accommodate roof pitch) for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within 0.5 miles walking distance of a major transit stop or high-quality transit corridor, or fewer than 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling, or fewer than 25 feet for an attached ADU where the primary dwelling is permitted to exceed 25 feet in height;
Regulatory Context: What the City cannot do…
 Impose parking requirement that exceeds the lesser of one stall per ADU or one stall per bedroom in the ADU, and in certain other instances, impose any parking requirement (ADUs near transit or car share facilities, within an historic district, if parking permits are not available to ADUs, where the ADU is part of a proposed or new primary residence or accessory structure);  Require that covered parking (in a garage or carport, for example) be replaced in the event that the parking structure is demolished for the ADU or converted to living space in an ADU;
 Impose an owner-occupant requirement on any ADU before January 1, 2025, or requiring owner occupancy of the single-family dwelling within which a JADU is built (other than for residences owned by a governmental agency, land trust or housing organization); or
 Require any permit beyond a building permit for an ADU and/or JADU, if specified conditions are met.
3/16/2023
4 Proposed Ordinance
Clayton’s Draft
Ordinance describes
three categories of
ADUs. Each is
differentiated by size,
permit process, and
applicable development
regulations:
 Type 1 ADU
 Type 2 ADU
 Site Plan Review ADU
Proposed Ordinance: Type 1 ADU
Type 1 ADUs must be permitted by building permit
only and generally include ADUs that are:
 Converted on a Single‐Family Lot: JADUs, and/or ADUs built within an existing residence or an accessory structure with an expansion of no more than 150 square feet for entry/exit.
 Limited Detached ADUs on a Single‐Family Lot: ADUs no larger than 800 square feet on single‐family lots, side and rear yard setbacks are at least 4 feet, and maximum height complies with applicable requirements.
 Converted on a Multifamily Lot: ADUs built within storage rooms, attics, garages, passageways and other areas not used as living spaces n a multifamily residential building.
 Limited Detached ADUs on a Multifamily Lot: ADUs on lots developed with multifamily residential units, side and rear yard setbacks are at least 4 feet, and maximum height complies with applicable requirements.
*Note: Type 1 ADUs cannot be used for short‐term rental. 3/16/2023
5 Proposed Ordinance: Type 2 ADU
Type 2 ADUs encompass ADUs, with or without a
JADU, that must be permitted ministerially but
that do not fit into the Type 1 ADU category.

Type 2 ADUs:
 Require an administrative ADU Permit and Building Permit;  Can be no more than 1,200 square feet in size;
 Are subject to FAR maximums as listed in draft ordinance section 17.47.060, subsection B);
 Are subject to compliance with minimum 4‐foot side and rear yard setbacks, as well as the minimum front yard setback of the zoning district in which the property is located;
 Must maintain at least 35 percent of the lot as open space;  Must match the appearance and architectural design elements of the principal dwelling on the property.

Proposed Ordinance: Site Plan Review ADU
Any ADU that does not qualify for ministerial approval as either a Type 1 or Type 2 ADU (e.g., the ADU is larger than 1,200 square feet) would be subject to the City’s discretionary Site Plan Review Permit process provided in CMC chapter 17.44 (and would require review and approval by the Planning
Commission pursuant to that chapter).
3/16/2023
6 Proposed Ordinance: Additional Amendments
 The proposed Zoning Ordinance Amendment would revise in entirety the text of Clayton Municipal Code (CMC) chapter 17.47 applicable to ADUs and JADUs, to comply with state law. In addition to the revision of CMC chapter 17.47, staff
recommends revisions to the following sections of CMC for consistency with the amended text of the ADU/JADU zoning regulations:
 CMC section 17.04.083 (definition of second dwelling unit);  CMC section 17.44.030 (Site Plan Review Permit exemptions); and
 CMC schedule 17.37.030A (off-street parking requirements).

Required Findings: General Plan Consistency
 Land Use Goal 2: To encourage a balance of housing types and densities consistent with the rural character of Clayton, while accommodating higher density housing types in appropriate locations.
 Land Use Goal 4: To control development through appropriate zoning, subdivision regulations and code enforcement.
 Land Use Goal 10: To provide housing opportunities which serve the varied social and economic segments of the Clayton community.
 Housing Element Goal 2: Encourage a variety of housing types, densities, and affordability levels to meet the diverse needs of the community, including a mix of ownership and rental.
 Housing Element Policy 2.3: Accessory Dwelling Units. Promote construction of accessory dwelling units as a way to increase the housing stock, particularly for lowerincome households, seniors, young adults and persons with disabilities, recognizing that ADUs also promote investment in existing properties and reduce ongoing housing costs for property owners.
3/16/2023
7 Additional Findings
 The proposed amendment would serve the public necessity, convenience and general welfare of the City.
 Simplifies and presents the extensive and detailed provisions of state law in a more approachable format for residents and staff, starting with classification of ADUs as Type 1, Type 2 or Site Plan Review projects.  Affords additional flexibility to local property owners, expanding on the provisions in state law to allow for otherwise nonconforming ADUs subject to Site Plan Review permit approval, and not carrying forward a requirement for owner-occupancy of a property with a Type 2 or Site Plan Review ADU.
 Increase the City’s housing stock of smaller and more affordable units that accommodate existing residents to age in place, provide opportunities for new residents and newly-independent people to live in affordably-priced rental housing in the City, and reduce costs of mortgages and housing of extended family.
 The proposed amendment is exempt from the California Environmental Quality Act.

Recommendation
That the Council receive the staff report and Planning
Commission recommendation (Resolution No. 03-2023), open the public hearing and accept testimony, close the public hearing, and after deliberation, introduce and waive first reading of an ordinance amending Clayton Municipal Code (CMC) chapter 17.47 pertaining to ADUs and JADUs to comply with state law, and making other revisions to CMC Title 17 as necessary to ensure internal consistency of the municipal code in light of the amendments to CMC chapter 17.47.

Agenda Item: 8(a)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Ron Bernal, Interim City Manager
DATE: March 21, 2023
SUBJECT: Authorizing the City to Submit an Application to the California Energy Commission to Apply for Energy Conservation Assistance Act Loan to Implement Energy Efficiency Measures
___________________________________________________________________________

RECOMMENDATION
Adopt a resolution authorizing the City to submit an application to the California Energy Commission (CEC) for an Energy Conservation Assistance Act (ECAA) loan to implement proposed infrastructure renewal and energy efficiency measures.

BACKGROUND
The City of Clayton has deeper infrastructure needs and sustainability goals than the current budget can accommodate. On October 18, 2022, the City approved the Execution of an Energy Services Contract with Climatec, LLC regarding a Comprehensive Infrastructure Renewal & General Fund Savings Program. Since approval, Climatec has conducted site walks, developed a utility baseline, conducted preliminary design and engineering for selected scope, conducted multiple collaborative meetings with City staff and members of Ad Hoc Energy Services & Infrastructure Renewal Committee. In those discussions, the City’s potential funding paths were reviewed to support the implementation of the infrastructure improvements that the City has selected to include in their program.

Staff will be bringing back to Council, for their consideration, the final program recommendations developed collaboratively with City staff and the Ad Hoc committee on April 4, 2023, to meet the submission deadline to secure the more financially beneficial grandfathering of Net Energy Metering (NEM) 2.0 terms with PG&E of 4/14/2023. This loan application submittal request is being made with the understanding that the City Council has yet to approve the project and is subject to modification or withdrawal.

The CEC ECAA program provides 1% interest financing for energy renewal projects and is first-come first-serve opportunity with limited available funds. For that reason, the City would like to pursue this funding as soon as possible. Climatec has agreed to make the savings calculations, engage with the CEC on scope measures, solicit their verification of savings projections and qualifying scope inclusions, and complete and prepare the package for submittal the application. There are no guarantees that the application will be approved. The application will request a loan amount of $2 Million in financing at the 1% rate. Since Climatec has not yet finalized the program details, it is encouraged by the CEC to overestimate the amount of financing needed for the program.

DISCUSSION
The City proposes to authorize City staff to submit an application on behalf of the City for review by the CEC to apply for a $2 Million 1% loan. This application is to be completed by Climatec at no cost to the City at this time. The City has no obligation to receive the funds if approved.

Staff also intends to begin discussions with private lenders in the event the CEC ECAA financing does not come to fruition.

FISCAL IMPACT
None at this time.

RESOLUTION NO. -2023

RESOLUTION OF THE CLAYTON CITY COUNCIL

AUTHORIZING THE CITY TO APPLY FOR ENERGY EFFICIENCY LOAN FROM

CALIFORNIA ENERGY COMMISSION TO IMPLEMENT ENERGY EFFICIENCY

MEASURES, IF APPROVED
WHEREAS, the California Energy Commission provides loans to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements; and
WHEREAS, the City of Clayton is desirous of securing very low interest rate financing for implementation of a comprehensive infrastructure renewal program, if such program is approved when considered by the Council in the next month; NOW THEREFORE BE IT RESOLVED that the City Council authorizes the City to apply for energy efficiency loan from the California Energy Commission to implement energy efficiency measures, if approved.

BE IT FURTHER RESOLVED that in compliance with the California Environmental Quality Act (CEQA), the City Council finds that the activity funded by the loan is a project that is categorically exempt from the provisions of CEQA pursuant to Class 1 and Class 3 Categorical Exemptions of the State CEQA Guidelines because minor building alternations, including installation of lighting, HVAC, building automation, EV charging, and other minor alteration of existing facilities, are categorically exempt from the provisions of CEQA under the Class 1 categorical exemption for the operation and minor alteration of existing structures, facilities, and/or mechanical equipment (14 CCR § 15301). Furthermore, installing small new equipment and structures, including irrigation controllers and master valves, EV charging infrastructure, and Solar PV shade structure is exempt from CEQA under the Class 3 Categorical Exemption (14 CCR §15303).

BE IT FURTHER RESOLVED that if recommended for funding by the California Energy Commission, the City Council authorizes the City to accept a loan up to $2,000,000, if the emergency efficient measures are approved.

BE IT FURTHER RESOLVED that the amount of the loan, if accepted, will be paid in full, plus interest, under the terms and conditions of the Loan Agreement and Promissory Note of the California Energy Commission.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and empowered to execute in the name of the City of Clayton all necessary documents to implement and carry out the purpose of this resolution, and to undertake all actions necessary to undertake and complete the energy efficiency projects, if approved.

PASSED AND ADOPTED by the Clayton City Council, State of California, on this 21st day of March 2023, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON,
CA
Jeff Wan, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk

GHAD Agenda Item: 3(a)
______________________________________________________________________________________ GHAD Minutes December 6, 2022 Page 1

MINUTES

SPECIAL MEETING

OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT (GHAD)
December 6, 2022

1. CALL TO ORDER AND ROLL CALL – the meeting was called to order at 8:06 p.m. by Chair Diaz. Board Members present: Chair Diaz. Board Members Cloven, Wan, and Trupiano. Board Members absent: Vice Chair Wolfe. Staff present: City Manager Reina Schwartz, Legal Counsel Mala Subramanian, and Secretary Janet Calderon.

2. PUBLIC COMMENTS – None.

3. CONSENT CALENDAR
It was moved by Board Member Tillman, seconded by Board Member Cloven, to approve the Consent Calendar as submitted. (Passed 5-0). (a) Approve the Board of Directors’ minutes for its regular meeting July 19, 2022. (Secretary)

4. ANNUAL REORGANIZATION OF THE BOARD OF DIRECTORS
(a) Nominations and election of Chair (Chair Diaz to conduct the election) Chair Diaz opened the floor to nominations for Chair in 2023.

Board Member Wan nominated Kim Trupiano for the office of Chairperson. No other nominations were received.

Chair Diaz called for the vote to elect Kim Trupiano as GHAD Chair.

Motion passed (5-0 vote).
(b) Nominations and election of Vice Chair (New Chair to conduct the election).

Chair Trupiano opened the floor to nominations for Vice Chair in 2023.

Board Member Tillman nominated Jeff Wan for the office of Vice Chair.

Board Member Wan declined. Board Member Wan nominated Board Member Cloven. No other nominations were received.

Chair Trupiano called for the vote to elect Peter Cloven as GHAD Vice Chair. Motion passed (5-0 vote).

GHAD Agenda Item: 3(a)
______________________________________________________________________________________ GHAD Minutes December 6, 2022 Page 2

5. PUBLIC HEARINGS - None.

6. ACTION ITEMS – None.

7. BOARD ITEMS – limited to requests and directives for future meetings.

6. BOARD ITEMS
Boardmember Wan requested the City’s website should include the City Engineers scheduled work, including completion dates, and specify areas of responsible in the Oakhurst Geological Hazard Abatement District.

7. ADJOURNMENT - on call by Chairperson Trupiano the Board meeting adjourned at 8:13 p.m.
# # # #
Respectfully submitted,
________________________
Janet Calderon, Secretary
Approved by the Board of Directors
Oakhurst Geological Hazard Abatement District
________________________________
Kim Trupiano, Chair
GHAD Agenda Item: 5(a)

AGENDA REPORT
TO: HONORABLE CHAIRPERSON AND BOARD MEMBERS
FROM: Larry Theis, P.E., General Manager
DATE: March 21, 2023
SUBJECT: GHAD Manager Report and Facility Assessment – Discussion of Operation and Maintenance Priorities

RECOMMENDATION
The GHAD Board receives assessment report from the GHAD Manager and their geotechnical consultants. The report will include an overview of the District responsibilities, facility assessment, and current financial status. Staff recommends a discussion with the GHAD Board after the report is received to provide input to Staff on operation and maintenance priorities and future financial planning to develop the upcoming FY23-24 GHAD budget.

BACKGROUND
Geologic Hazard Abatement Districts (GHADs) are governmental districts formed to address geologic hazards. GHADs may be formed for the purpose of prevention, mitigation, abatement or control of a geologic hazard and can also be formed for mitigation or abatement of structural hazards that are partly or wholly caused by geologic hazards. (Public Resources Code [“Pub. Res. Code”] § 26525.) A “geologic hazard” is broadly defined as an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement or any other natural or unnatural movement of land or earth. (Pub. Res. Code §§ 26507.) There is approximately 40+ GHADs that have been formed throughout the State.

A GHAD is a political subdivision of the State. It is not an agency or instrumentality of a local agency. (Pub. Res. Code §§ 26525, 26570.) As such, GHADs perform certain governmental and proprietary functions as a political subdivision of the State. (Pub. Res. Code § 26571.) The GHAD is technically a separate entity from the City of Clayton and has some slightly different procedures for assessments and procurements to abate a hazard. It also provides a certain degree of immunity from liability for actions they undertake and keeps the City of Clayton segregated from financial liability.

A GHAD is governed by an elected board consisting of landowners within the district or the members of the applicable city council or board of supervisors. (Pub. Res. Code §§ 26567, 26583.) GHADs are authorized to acquire, construct, operate, manage or maintain improvements on public or private lands. Under GHAD Law, “improvement” means any activity that is necessary or incidental to the prevention, mitigation, abatement, or control for a geologic hazard, including, without limitation, construction, maintenance, repair or operation of any improvement. (Pub. Res. Code § 26505.) GHADs may exercise the power of eminent domain. (Pub. Res. Code § 26576.)
In considering the formation of a GHAD, a plan of control must be prepared that describes the geologic hazards and includes a plan for prevention, mitigation, abatement and control of these hazards. This plan of control must be prepared by a Certified Engineering Geologist.

The plan of control is considered by the legislative body in forming the GHAD and sets out the activities to be implemented by the GHAD.

In April of 2000, the developer/property owners within the boundaries of the Oakhurst Geological Hazard Abatement District (GHAD) approved (see District Boundary map below), by ballot measure, an annual budget to cover routine maintenance, geological monitoring, and the annual operational needs of the GHAD. The ballot measure also approved annual assessments to fund the budget as well as the specific method and formula to be used to spread the real property assessments to the differing geographical areas within the GHAD and varying housing types within the GHAD. The Oakhurst GHAD Plan of Control was prepared and updated by registered geologists from Jensen-Van Lienden and Hallenbeck Associates then approved by the Board on July 17, 1990 (See Attachment 1).

The Plan of Control identifies the different types of potential geologic hazards (landslides, creep, and erosion and sedimentation); references and identifies existing landslides; recommends maintenance staff inspections of ditches, inlets, piezometers, inclinometers, risers, and outlets at least twice a year and to perform any repairs on a timely basis, along with an annual inspection by the geologist/geotechnical engineer in order to prepare a report for the Board; and ultimately evaluate, plan, engineer, and repair landslides. It is important to note that any geologic hazard that the GHAD would be address must extend beyond the limits of one single residential lot in the District, i.e. hazards must extend across or into open space and/or at least two residential property boundaries before the District will implement the Plan of Control.

In the late 1990’s, the City of Clayton/GHAD observed cracking within the street and sidewalks in the Kelok Way neighborhood and lawsuits were filed by property owners, the City, and the developer, Presley Homes. Eventually the “Presley” settlement agreement was reached in late 2002/early 2003 between all parties. As part of the settlement, deep dewatering wells were installed in this partially removed/repaired deep seated landslide to allow groundwater to drain out to reduce the risk of further landslide movement. The GHAD also received settlement funds which are used to pay for other GHAD related repairs.

Annually between May to July, the GHAD Manager (City Engineer) prepares a financial report with appropriate resolutions in order to set the assessment rates for each parcel within the District to be collected on the property tax bill. These rates are only allowed for an adjustment based on changes in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-Hayward region (5% last year). Any increase beyond the CPI, in accordance with Proposition 218, would require an affirmative two-thirds majority ballot vote of the homeowners within the District.

DISCUSSION
As part of the new engineering team since March 2023, Theis Engineering & Associates requested BSK Associates (BSK), the GHAD’s geotechnical subconsultant, to perform its annual geological and geotechnical site review along with maintenance inspection of facilities near residences in October and December 2022, and recently in March 2023 after the heavy storms.

BSK prepared a letter report (see Attachment 2) of its Site Review which includes a current assessment of drainage facilities and hillside slopes, including their recommendations for certain repairs, locating and cleaning out subdrains, resuming monitoring of inclinometers, and installing/replacing inclinometers.

Cristiano Melo, licensed geotechnical engineer, and Richard Johnson, licensed geologist will be presenting their findings and recommendations with a short slideshow (see Attachment 3) for the Board members and are available to answer questions.

FISCAL IMPACT
It is the GHAD Manager’s opinion that the Oakhurst GHAD is currently in a poor financial situation since the current annual assessment revenue is only $47,000 (see tables below from current assessment report) and the remaining one-time Presley Settlement fund balance is approximately $56,000. Based on the latest storm damage in 2023, the needed repairs will expend or exceed any remaining GHAD budgeted funds for FY2023 (with some potential for reimbursement from FEMA/Cal OES).

Within one or two fiscal years, it is likely that the remaining Presley Settlement Fund balance will be needed for some maintenance or engineering tasks based on recommendations in our letter report.

The GHAD is already informally being subsidized by the City’s maintenance crew performing tasks such as ditch and basin cleaning, weed abatement, debris removal, etc. without its labor costs being specifically deducted from the GHAD fund. Approximately $8,000 is transferred from the GHAD fund to the General Fund for District Administration costs which are related to the Clerk functions performed by the City Clerk in creating agendas, noticing, and attending meetings associated with the annual assessment rate setting process.

In general, there is approximately $24,000 in expenditures annually budgeted for administrative functions, insurance premiums, and miscellaneous fees for just collecting assessments; which is just over 50% of the expected annual revenue of $47,000. This leaves an insufficient amount of only $23,000 annually for any actual work in the field for maintenance, engineering, monitoring, performing inspections, preparing an annual report, and needed repairs.

I recommend the budget in FY2024 be updated to more accurately assign some maintenance expenditure costs into the GHAD budget for the efforts performed by City crews and take the corresponding General Fund “savings” and transfer that amount into the Revenues section of the GHAD budget. The City Council will also need to consider additional General Fund transfers for covering on-going monitoring and engineering costs and as needed for any onetime repairs/capital projects. In the future this will more clearly identify how much the City is contributing its own funds to subsidize the GHAD.

There also needs to be some consideration for building some operational and capital reserves to save for long-term expenses as part of a capital replacement schedule for ditches, risers, inlets, access roads, etc. Ideally, the GHAD should be operating to have an overall reserve to allow the GHAD to repair a large landslide event while still having funds to continue its other maintenance and monitoring functions. At this time, any sizeable hazard in the GHAD would require submitting an insurance claim (raising future premiums) and/or City of Clayton approving a loan with the intention of the Board seeking a property owner approved rate increase to pay back over time.

NEXT STEPS
The GHAD recommends that the Board Members discuss and provide input on maintenance priorities, capital replacement schedule, and establishing an operating and capital reserve.

Staff will take input from the Board and return in May 2023 when adopting a resolution for establishing the FY2023/2024 GHAD Budget.

Attachments:

1. GHAD Plan of Control (Approved 7-17-1990 via GHAD Resolution 2-90)

2. BSK Geological and Geotechnical Site Review Letter of GHAD

3. BSK Presentation Slides

4. FY2023 Budget Mark Ups

5. Financial Annual Report dated July 19, 2022
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
399 Lindbergh Avenue
Livermore CA 94551
P 925.315.3151
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company Sent via email: [email protected]
March 9, 2023 BSK Project No. G00000499
Mr. Larry Theis, PE
City Engineer
City of Clayton
6000 Heritage Trail
Clayton, California 94517
SUBJECT: Geological and Geotechnical Site Review
Oakhurst Geologic Hazards Abatement District (GHAD)
Clayton, CA
Dear Mr. Theis:

At your request, BSK Associates (BSK) has performed an annual geological and geotechnical site review of the Oakhurst Geohazards Abatement District (GHAD) located in the City of Clayton (City), California (see Figure 1, Vicinity Map), as required by the First Amended Plan of Control (June 29, 1990). BSK visited properties located within the GHAD boundaries (see Figure 2, Oakhurst GHAD Boundaries) on December 8th and December 13th, 2022 and on March 1st, 2023. We have also reviewed available GHAD files. The purpose of our review was to evaluate the existing condition of previous landslide repairs and erosion control/drainage facilities throughout residential areas and paved roadways within the GHAD. This letter presents a summary of our observations, conclusions, and our recommendations.

GEOLOGICAL AND GEOTECHNICAL SITE REVIEW
On December 8th, 2022, a Certified Engineering Geologist (CEG), a project geologist, and a registered geotechnical engineer (GE) from BSK visited the residential portions of the GHAD to review the existing condition of slopes, drainage and erosion mitigation and control measures, and landslide repairsthat have previously been constructed at trouble areas within the GHAD. BSK’s project geologist returned to the GHAD on December 13th, 2022 to finish review of a slope near Peacock Creek Drive and on March 1, 2023 to view damage from mudflows that occurred during severe storms in early 2023 near the northeast corner of the GHAD boundary within a canyon located northeast of Windmill Canyon Drive. Our site review was coupled with a review of available GHAD data and information made available to us via reports, plans and newsletters. Note that our site review was limited to only those open space areas immediately adjacent to the residential areas and paved roadways within the GHAD. In general terms, we were favorably impressed by the current state of maintenance and repairs that we encountered, but also have some recommendations for various conditions within the GHAD.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 2
Following is a summary of our observations and recommendations from the site review and reviews of previous monitoring reports, dewatering and drainage plans and reports, and other investigations and repairs or construction that has occurred throughout the history of the Oakhurst GHAD.

For ease in discussion, we have separated the GHAD into three areas as follows (see Figure 2 for subdivided area locations):

1. North Area: The first area consists of the developed portions of the GHAD including open space/slopes that is located immediately adjacent to homes in the northeastern portion of the GHAD (see Site Plan – North Area, Figure 3A).

2. Kelok Way Area: The second area is the area associated within Kelok Way and adjacent open space/slopes (see Site Plan – Kelok Way Area, Figure 3B).

3. South Area: The third area is associated with the Pebble Beach Drive, Peacock Creek Drive, and Peacock Creek, including slopes and known areas of instability and mitigation measures previously installed between Pebble Beach Drive and Peacock Creek (see Site Plan – South Area, Figure 3C).

North Area
BSK walked V-ditches and boundaries between open space slopes, homes, and other improvements along the northeastern boundary of the GHAD (see Figure 3A). We made cursory observations of homes and roadways and did not visually observe obvious evidence of geohazards impacts to homes or roadways in the general area. Our site review was primarily focused on the open space and slopes bordering the limits of the GHAD, where slopes either ascend from, or descend to yards and residences, primarily on the north and east side of Windmill Canyon Drive. Figure 3A presents a legend key to the locations of our observations and photos of conditions we encountered that should be considered for future repairs or should be watched and monitored annually before the onset of the annual storm season.

In general, we observed surface creep1 above most V-ditches, particularly in areas where slopes are mowed (presumably for fire control). Periodic maintenance should be sufficient to prevent soil from entering into and disrupting flow in the ditches. We also observed shallow slope sloughing and raveling in various areas, which are also identified on Figure 3A.

The following photos depict the conditions documented during our site review. The approximate photo locations are presented on Figure 3A.
1 The slow, gradual downward displacement of soil, rock, and organic material on slopes.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 3
Photo A – V-ditch offset uphill from Crow Place.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 4
Photo B – Shallow raveling above a drop inlet uphill from Windmill Canyon Drive. Based on our communication with the City, we understand that movement of the uphill from this drop inlet blocked the drop inlet of an uphill V-ditch during the early 2023 rain storms.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 5
Photo C – Overtopped and eroded debris-flow containment basin above drainage easement northeast of Windmill Canyon Drive. Based on our communication with the City, we understand the erosion and overtopping occurred during the early 2023 rain storms.

Note: At the time of our initial site reconnaissance conducted on December 8th, 2022, the debris-flow containment structure appeared clear and in good repair. Damage and overtopping/erosion occurred during the intense rain events in early 2023. Muddy water from the failed containment structure flowed into the backyard of 3081 Windmill Canyon Drive, which is located immediately downhill from the structure.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 6
Photo D – V-ditch cracking and displacement East of Windmill Canyon Drive, adjacent to high voltage power line easement.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 7
Photo E – Incised gully flow above the V-ditch located East of Windmill Canyon Drive. Erosion and flow occurred during early 2023 storm events.

Note: This photo was taken during our March 1st, 2023 site reconnaissance. At the time of our initial site reconnaissance conducted on December 8th, 2022, we did not observe the eroded, incised channel above the V-ditch. Erosion and gullying occurred with intense rainfall events in early 2023.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 8
Photo F – Upper reaches of the gully erosion East of Windmill Canyon Drive.

This photo was taken during our March 1st, 2023 site reconnaissance. At the time of our initial site reconnaissance conducted on December 8th, 2022, we did not observe this gully erosion. Erosion and gullying occurred with intense rainfall events in early 2023.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 9
Kelok Way Area
BSK walked V-ditches and boundaries along open space slopes north of Kelok Way, in the open space area south of Keller Ridge Road, and both west and east of those areas (see Figure 3B). We made cursory observations of homes and roadways throughout the area, and aside from those documented below, we did not observe obvious evidence of geohazards impacts to homes or roadways in the general area except for the home at 8053 Kelok Way.

Our site review focused on the open space and slopes bordering the limits of the homes along Kelok Way, Keller Ridge Drive, and east of Acorn Drive. The areas of known instability at the west end of Kelok Way and between the eastern end of Kelok Way and Golden Eagle Way will be addressed in greater detail later in this letter.

Figure 3B presents a legend key to the locations of our observations and photos of conditions we encountered that should be considered for future repairs or should be watched and monitored annually before the onset of the annual storm season.

In general, we observed surface creep above most V-ditches. Periodic maintenance should be sufficient to prevent soil from entering into and disrupting flow in the ditches. We also observed shallow slope sloughing and raveling in various areas, which are also identified on Figure 3B.

The following photos depict the conditions documented during our site review. The approximate photo locations are presented on Figure 3B.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 10
Photo G – Slope creep depositing debris in V-ditch and resulting in minor cracking of V-ditch.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 11
Photo H – Slope creep overtopping edge of V-ditch. V-ditch offsets and shallow raveling uphill visible.

Note that the homeowner has secured trees beyond property line (see red arrow), including a V-ditch panel (not depicted in this photo).

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 12
Photo I – V-ditch offsets and ponded water. Slope creep is overtopping and possibly offsetting V-ditches.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 13
Photo J – Catch basin blocked by soil and debris.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 14
Photo K – Slope creep towards Kelok Way as evidenced by separation of soil from the downhill side of the V-ditch.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 15
Photo 1 – Settlement/incipient crown scarp impacting the residence (8053 Kelok Way) at the end of the cul-de-sac on Kelok Way.

Note: See additional discussion regarding instability downhill from the cul-de-sac area on Kelok Way later in this letter.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 16
Photo M – Offset and debris in V-ditch northwest of the cul-de-sac at Kelok Way.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 17
Photo N – Wellhead north (downhill) of the cul-de-sac at Kelok Way. Note that the slope has settled several inches relative to the wellhead.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 18
Kelok Way Cul-de-sac
Ongoing slope movement north of, and impinging on the cul-de-sac at the west end of Kelok Way has resulted in damage to the roadway (see Photo L, above) and to the residence at 8053 Kelok Way. Damage has been documented for both the residence and the roadway according to Steven, Ferrone & Bailey (2016)2. The inclinometer that was used to monitor rate and depth of movement has been distorted, via horizontal shearing, to the extent that the inclinometer is no longer useable. We understand that the home at 8053 Kelok Way was “red-tagged” and is no longer eligible for inhabitance.

Monitoring of inclinometer casing CSA SI-4, roughly 50 feet downhill (north) of the edge of the cul-de-sac, has not been completed since May of 2014 due to offset in the casing blocking the bottom portion of the casing. Measurements of the inclinometer between November 2007 and July 2014 indicates that the movement is occurring at a depth of 52 feet, at a rate of ¼ inch per year. Total offset during the useable life of the inclinometer was 1½ inches. It is not known how much additional offset, if any, has occurred since the last monitoring event (nearly nine years ago). Note that the 1½ inch offset occurred over a 6½- year interval.

Based on damage to the roadway and to the home at 8053 Kelok Way, it is clear that there is slope movement on the north facing slope adjacent to the home and the cul-de-sac. We do not know the rate of movement at this time, but based on the amount of movement in the roadway and damage to the home, we anticipate that underground utilities may become damaged and, if water bearing, could accelerate the movement considerably. Further, the potential danger in accelerated movement from a seismic event is also considerable. Based on the current data and our understanding of minimal investigation efforts on this area of instability, we cannot predict the impact of seismicity, increased pore water pressure, and decreases in shear strength with continued movement on the timing or extent of movement in the future.

Kelok/Golden Eagle Way Slope
At the time of our site review, we did not observe cracking in pavements, V-ditches, or improvements that we were able to view at this location. While it is known that many homes in this area have been built over a partially removed/repaired, deep seated landslide that underlies the area, there have been significant efforts taken to de-water the known landslide between Kelok Way and the park located north (downhill) from the homes on Kelok Way according to Steven, Ferrone & Bailey (2012)3.

Inclinometers located in the roadway on Kelok Way, as well as those installed on the slope beneath Kelok Way show creep and very slow movement on suspected slip surfaces located between 88 and 111 feet below the surface. Stevens, Farrone & Bailey Engineering (2016) reported that offset on the landslide plane is limited to 0.1 to 0.2 inch since monitoring began in 2014. It should be noted that there was up to

1.6 inches of movement, at a depth of 54 feet, prior to installation of the dewatering wells gallery in 2012.

There is no record of monitoring of those inclinometers since the dewatering wells were constructed. 2 Stevens, Ferrone & Bailey (2016), Summary of Geotechnical Monitoring and Inspection Services on June 30, 2016 Inclinometers/Piezometers/Wells at Kelok Way, Clayton, California, dated June 30, 2016, SFB Project No: 555-2. 3 Stevens, Ferrone & Bailey (2012), Geotechnical Observation and Testing – Final Report Kelok Way Dewatering Wells, Clayton, CA, dated December 17, 2012 - SFB Project No.: 555-1.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 19
South Area
BSK walked V-ditches and boundaries along open space slopes north of Pebble Beach Drive (down to Peacock Creek), South of Peacock Creek Drive, and along the eastern boundary of the GHAD (see Figure 3C). We made cursory observations of improvements and roadways throughout the area, and aside from those documented below, we did not visually observe obvious evidence of geohazards impacts to homes or roadways in the general area. The roadway immediately adjacent to the north-facing slopes at Pebble Beach Drive appeared to have recently been resurfaced at the time of our visit.

Our site review focused on the open space and slopes bordering the homes along the north side of Pebble Beach Drive, and the slopes immediately south of the homes on Peacock Creek Drive. The areas of known instability north of Pebble Beach Drive and Peacock Creek will be addressed in greater detail later in this letter.

Figure 3C presents a legend key to the locations of our observations and photos of conditions we encountered that should be considered for future repairs or should be watched and monitored annually before the onset of the annual storm season.

The following photos depict the conditions documented during our site review. The approximate photo locations are presented on Figure 3C.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 20
Photo O – Slope creep and minor sloughing adjacent to V-ditch ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 21
Photo P – Slope creep or expansion cracking adjacent to the edge of the V-ditch.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 22
Photo Q – Moist ground and seepage from the slope. Note the marsh grasses and standing water in the ditch.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 23
Photo R – Moist slope with shallow sloughing. Note the scarp at the upper end of the movement.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 24
Photo S – Resident has planted trees and built a short keystone-type retaining wall uphill from the Vditch. Note soil erosion from the disturbed slope sloughing into the ditch.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 25
Based on our communication with the City, we understand that during the early 2023 rain storms, a debris-flow occurred within a swale/V-ditch located upslope of Clayton Road and south of Peacock Creek Drive (circled in red), which clogged a drop inlet and caused water to overflow onto Clayton Road.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 26
Pebble Beach Drive/Peacock Creek Landslide
Instability on the north-facing slope between Pebble Beach Drive and Peacock Creek, in the vicinity of homes on Lots 59 through 61 (1033, 1031, and 1029 Pebble Beach Drive, respectively) of the Peacock Ridge Subdivision was originally evidenced by separations in concrete flatwork at the residences on those lots. Two slope inclinometers were installed in January and February of 2007 by Berlogar Geotechnical Consultants (see Figure 4, Landslide Repair Cross Section – Pebble Beach Drive/Peacock Creek)4. The inclinometers were subsequently monitored over the course of two years and inclinometer SI-2, located approximately 200 feet downslope of the roadway has shown rapid deformation at a depth of about 72 feet below the surface. Berlogar Geotechnical Consultants noted in their 2009 report5that “The shape and character of the plot of Slope Indicator SI-2 is clearly the result of landslide movement”. Per the report, the casing had deflected 1½ inches since installation, and rate of deformation had increased over the previous 5 months to a rate of between 1 and 1 ¼ inches per year. Surface observations confirmed the movement. In an attempt to arrest or slow the movement, a series of horizontal drains were installed, but none of the drains encountered groundwater.

The area underlying the subject slope was, in part, a landslide prior to mass grading for the subdivision.

Figure 4 presents a cross section showing the repair efforts made prior to placing fill to accommodate the home sites. Of note is, the landslide was only partially removed, but the current depth of movement is significantly below the mapped slide plane as presented on the cross section.

Our observations of the slope and pavements near the top of the slope suggest that movement has slowed. Since inclinometer data has not been available (due to the sheared casing) since 2014, it is difficult to know whether movement has slowed or is still ongoing.

During our site review, BSK was not able to locate any of the horizontal drain outfalls, but did locate at least one subdrain outfall associated with the landslide repair that occurred during initial site grading.

CONCLUSIONS AND RECOMMENDATIONS
Based on our site review and our review of the available GHAD data, it is our opinion that several areas within the GHAD pose potential risk to several homes and roadways within the GHAD. Areas of concern are as follows:

General
• Storm damage debris retention basin above Windmill Canyon Drive is no longer able to stop and retain debris flow materials. The basin will require reconstruction of the earthen berm that was in-place to stop and retain flow.
• The Swale/V-ditch located upslope of Clayton Road and south of Peacock Creek Drive should be repaired and the drop inlet should be unclogged.
4 Berlogar Geotechnical Consultants (2007), Interim Report, Slope Inclinometer Installation and Monitoring Program, Open Space Between Lots 59 Through 61, Pebble Beach Drive, Clayton, California, dated August 10, 2007,BGC Job No. 2947.100.
5 Berlogar Geotechical Consultants (2009), Slope Inclinometer Plots and Observations of Progressive Offset to VDitches, Open Space Slope Below Lots 59 through 61, Pebble Beach Drive, Clayton, CA, dated January 19, 2009, BGC Job No. 2947.100.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 27
• Moist and hummocky slopes above Peacock Creek Drive and east of Brandywine place indicate large areas of shallow slope instability that could result in shallow flows during heavy rain events. • Cracked and/or offset V-ditch panels, while not numerous, can result in drainage obstructions, overflow, and erosion to slopes. Patches and/or replacement of V-ditch panels should be prioritized and undertaken on a regular basis.
• V-ditch and drop inlet maintenance should be continued and inspections of the drainage system, slopes and pavements should be continued. We recommend that drainage system maintenance occur prior to the onset of the rainy season each year. Inspections should take place prior to maintenance.

Cul-de-sac at Kelok Way
• Significant settling and downslope movement on the north side of the Cul-de-sac at Kelok Way is likely to result in failure of the pavement, failure of utilities traversing the area of instability, and continue to cause damage to the residence at 8053 Kelok Way. It is unclear how much the incipient landslide mass may have moved, and at what rate it is moving, since the inclinometer that was used to gauge movement has been compromised. We strongly recommend that a replacement inclinometer be installed and, together with available piezometers that have been installed during previous investigations, monitoring of both the inclinometer and piezometers should be resumed. If possible, additional inclinometers should be considered to better isolate stable ground versus landslide mass.

Kelok Way Landslide
• Monitoring of inclinometers between Kelok Way and the park by Golden Eagle Way should also be resumed. We recommend that the seven inclinometers (BGC SI-1, CEG SI-1, CSA SI-1, CSA SI2, CSA SI-3, W SI-1 and W SI-5) be monitored at least twice per year, preferably quarterly. Depth to groundwater in each inclinometer should also be measured and logged. • All subdrain clean-outs and discharge pipes for the slope should be located and flow should be measured (or approximated). Depth to water and discharge should also be measured and recorded for the dewatering wells in the roadway at Kelok Way.

Pebble Beach Landslide
• It is crucial that the inclinometer on the north slope between Pebble Beach Drive and Peacock Creek be replaced. Monitoring of movement on this slide, as well as monitoring of piezometric surface is necessary to judge the status of the slope.
• All horizontal drain discharge points, and all subdrain clean-outs and discharge points should be located and it should be determined if they are providing any subdrainage from beneath the fill and landslide repair.

Prioritization of our recommendations regarding Kelok Way (both sites) and Pebble Beach Drive is desirable. These sites have the potential to result in significant property damage and also have the potential to endanger residents should movement accelerate or a seismic event occur.

ATTACHMENT 2
Geological and Geotechnical Site Review BSK Project G00000499 Oakhurst Geologic Hazards Abatement District (GHAD) March 9, 2023 Clayton, California Page 28

LIMITATIONS
Our services were performed in a manner consistent with that level of care and skill ordinarily exercised by other members of BSK’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our findings and conclusions are based on our review of available GHAD files and limited site reconnaissance of the GHAD area completed on December 8th and 13th, 2022 and on March 1st, 2023. It is possible that conditions could vary between or beyond the data evaluated or have changed since we visited the GHAD area or that previous GHAD files not available to us could influence the findings and conclusions presented herein. BSK makes no other representation, guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided.

This report may be used only by the Client and only for the purposes stated within a reasonable time from its issuance, but in no event later than two (2) years from the date of the report, or if conditions at the site have changed. If this report is used beyond this period, BSK should be contacted to evaluate whether site conditions have changed since the report was issued.

CLOSURE
BSK appreciates the opportunity to provide our services to you and trusts this letter report meets your needs at this time. If you have any questions concerning the information presented, please contact us at 925-315-3151.

Respectfully submitted,
BSK Associates
Omar K. Khan, GIT Cristiano Melo, PE, GE #2756
Project Geologist Livermore Branch Manager
Richard E. Johnson, CEG #1452
Principal Engineering Geologist
ATTACHMENTS: Figure 1 – Vicinity Map
Figure 2 – Oakhurst GHAD Boundaries
Figure 3A– Site Plan – North Area
Figure 3B – Site Plan – Kelok Way Area
Figure 3C – Site Plan – South Area
Figure 4 – Landslide Repair Cross Section – Pebble Beach Drive/Peacock Creek ATTACHMENT 2
4 NWS Seal
Beach Det
Concord
Clyde
Clayton Rd
nacio Valley Rd
Concord Blvd
Cowell Rd
Walnut Ave
Shell Ridge
Recreation Area
Lime Ridge
Open Space
Meinert
ners
Concord
Y g n a c i o
V a l l e y
L i m e R i d g e
Danville Blvd
Stone Valley Rd
Alamo Oaks
amo
Danville
S a n
R
918 ft
4 Evora Rd
W Leland Rd
Buchanan Rd
Harbor S t
N Parkside Dr
West Pittsburg
Los Medanos
Bay Point Pi ttsburg
3853 ft
1663 ft
D
onner Creek
Pine Creek
Deer Flat Creek
Sand Creek
Clayton Rd
Ygnacio Valley Rd
Bailey Rd
Jam es Do
NWS Seal
Beach Det
Concord
Black Diamond
Mines
Clayton Ranch
Mount Diablo
State Park
Cowell
Marsh Creek
Springs
Nortonville
Clayton
N o r t h P e a k
L i
m e
R i d g e
Ir i s h
C a n y o n
Marsh
Diablo Rd
B l a c k H i l l
Gr e e n V a l l e y
The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. BSK makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information.

ASSOCIATES
1 D. Tower
03/08/23
G00000499
O. Khan
Figures.indd
Approximate Scale
Not to Scale

VICINITY MAP
Approximate Oakhurst GHAD
boundaries (see Figure 2 for
detailed boundaries)
Geological and Geotechnical Site Review
Oakhurst GHAD
Clayton, California
References: 1. https://www.arcgis.com/apps/mapviewer/index.html, 2023 Note: Locations are approximate
FIGURE
N
ATTACHMENT 2

OAKHUR S T

GEOLOGIC
HAZARD

ABATEMENT

DISTRICT
Site Plan 3A
Site Plan 3B
Site Plan 3C
Approximate Site Plan Limits
(see Figures 3A through 3C)
The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. BSK makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information.

OAKHURST GHAD BOUNDARIES
2 Geological and Geotechnical Site Review
Oakhurst GHAD
Clayton, California
D. Tower
03/06/23
G00000499
O.Khan
SitePlan.indd
FIGURE
ATTACHMENT 2
Approximate Scale 1 in. 250 ft. 0 250
LEGEND:

Approximate location of photo V-Ditch Cracked or Offset Drop Inlet - blocked or partially blocked Slough/Ravelling Incipient Failure/ Debris Flow
E
F
C
Windmill Canyon Dr.

Raven Way
Golden Eagle Way
Molluk Way
Hummingbird Way
Keller Ridge Drive
B
A
D
Crow Place
The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. BSK makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information.

SITE PLAN
North Area
Geological and Geotechnical Site Review
3A
Oakhurst GHAD
Clayton, California
D. Tower
03/02/23
G00000499
O.Khan
SitePlan.indd
FIGURE
References: 1. http://earth.google.com, 20223

2. Locations are approximate
A
ATTACHMENT 2
Kelok Way/Golden Eagle
Way Landslide Area
H G
I
J
Approximate Scale 1 in. 400 ft. 0 400
K
Kelok Way
Keller Ridge Drive
Elk Drive
Acorn Drive
Bear Place
M
N
L
LEGEND:

Approximate location of photo V-Ditch Cracked or Offset Drop Inlet - blocked or partially blocked Slough/Ravelling Incipient Failure/ Debris Flow Well
G
The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. BSK makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information.

SITE PLAN
Kelok Way Area
Geological and Geotechnical Site Review
3B
Oakhurst GHAD
Clayton, California
D. Tower
03/02/23
G00000499
O.Khan
SitePlan.indd
FIGURE
References: 1. http://earth.google.com, 2023

2. Locations are approximate
ATTACHMENT 2
S
O
P
Peacock Creek DrivePeacock Creek Drive
Pebble Beach Drive
Forest Hill Drive
Peacock Creek Drive
Iverness Way
Q
R
Approximate Scale 1 in. 400 ft. 0 400
Brandywine Place
Previous landslide
repair (see Figure 4)
The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. BSK makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information.

SITE PLAN
South Area
Geological and Geotechnical Site Review
3C
Oakhurst GHAD
Clayton, California
D. Tower
03/02/23
G00000499
O.Khan
SitePlan.indd
FIGURE
References: 1. http://earth.google.com, 2023 LEGEND: 2. Locations are approximate Approximate location of photo Swampy/Wet Area
Slough/Ravelling
V-Ditch Cracked or Offset
O
ATTACHMENT 2
The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. BSK makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information.

LANDSLIDE REPAIR CROSS SECTION
Pebble Beach Drive/Peacock Creek
4 Geological and Geotechnical Site Review
Oakhurst GHAD
Clayton, California
D. Tower
03/02/23
G00000499
O.Khan
SitePlan.indd
FIGURE
References: 1. Berlogar Geotechnical Consultants (August 10, 2007) – Interim Report, Slope Inclinometer Installation and Monitoring Program, Open Space Between Lots 59 Through 61, Pebble Beach Drive, Clayton, California. Job No. 2947.100 ATTACHMENT 2
Geological and Geotechnical Site Review
Oakhurst Geologic Hazards Abatement District (GHAD)
Clayton, CA
March 21, 2023
1 2
3 • General
▪ Maintenance is generally good
▪ Age and ongoing slope movement
✓ Some repairs needed
▪ Age and ongoing movement, creep
✓ Maintenance is critical
• Debris Basin – Uphill from Windmill Canyon
▪ Retention capacity should be restored
4 5
6 • General
▪ Maintenance is generally good
▪ Age and ongoing slope movement
✓ Some repairs needed
▪ Age and ongoing movement, creep
✓ Maintenance is critical
▪ Some residents have encroached into GHAD areas
✓ Impact from resident encroachment should be removed
• Slopes uphill from Keller Ridge Drive
▪ Shallow but somewhat widespread sloughing likely to continue and enlarge. ▪ Monitor
7 8
9 • General
▪ Maintenance is generally good
▪ Age and ongoing slope movement
✓ Some repairs needed
▪ Age and ongoing movement, creep
✓ Maintenance is critical
▪ Some residents have encroached into GHAD areas
✓ Impact from resident encroachment should be removed
• Slopes downhill from Brandywine Place and uphill from Peacock Creek Drive ▪ Shallow but somewhat widespread sloughing likely to continue and enlarge. ▪ Monitor
10 11
12 Big, ongoing Concerns
• Kelok Way Cul-de-sac
▪ No effective way to monitor movement (increases or decreases) without a new inclinometer
▪ Movement has sheared existing inclinometer at 52’
▪ Surface evidence of landsliding includes:
✓ Cracking and settled roadway
✓ Significant damage – north side settlement and lateral movement towards slope
▪ Possibility that utilities will be broken and exacerbate the movement ▪ Movement could potentially accelerate …further enlarge at crown and impact downhill homes
13 Kelok Way
Kelok Way Cul-De-Sac Movement
14 15
Big, ongoing Concerns (continued)
• Kelok Landslide
▪ Caused by incomplete removal of a deep-seated landslide during original grading
▪ Appears to have slowed since dewatering wells installed ▪ Monitoring of inclinometers and piezometers is imperative ▪ Monitoring of subdrainage and dewatering measures is also imperative ▪ Monitor surface improvements in the right-of-way for signs of instability 16 BGC SI-1
CSA SI-2
CSA SI-3
WSI-1
CEG SI-1
W SI-5
CSA SI-1
Kelok Way Landslide – Monitoring Network
17 18
19 Big, ongoing Concerns (continued)
• Pebble Beach Landslide
▪ Caused by landslide movement that appears to be deeper than the landslide repair that was constructed during original grading
▪ Nothing has been done to improve the subdrainage since the initial grading took place
✓ Despite past attempts, no additional drainage of groundwater has been successful
▪ Movement is still occurring
✓ Without monitoring, unknonw if movement is slowing or accelerating ▪ This kind of failure typically does accelerate with continued movement 20 Questions?
21 PART B
GEOLOGICAL HAZARD ABATEMENT DISTRICT FY 2022-23 ESTIMATE OF COSTS 6 PART B

ESTIMATE OF COSTS
The City has developed the District’s Fiscal Year 2022-23 cost estimate to include funding for routine operations, ongoing monitoring costs, an evaluation of the District areas and improvements, costs for emergency and minor repairs, and transfers to the City’s general fund for work accomplished by City staff, and when funding allows, the costs associated with undertaking major repairs and adverse conditions. A summary of the Fiscal Year 2022-23 cost estimate follows.

Projected Beginning Fund Balance (7/1/2022) $51,172.86
Projected Revenues
Assessment Revenues $47,107.66
Interest Earnings $210.00
Transfer from Presley Settlement Fund1 $40,478.48
Total Projected Revenues $87,796.14
Estimate of Expenditures
Engineering Services $20,000.00
Ahwanee Lane $80,000.00
Project Costs (minor and emergency repairs) $15,000.00
General Manager Fees $5,000.00
District Administration $8,169.00
Liability Insurance $7,000.00
County Collection Fees $1,550.00
Legal Services $1,000.00
Legal Notices $100.00
Postage $850.00
Miscellaneous $300.00
Total Estimate of Expenditures $138,969.00
Estimate of Reserves
Operating Reserves2 $0.00
Capital Reserves $0.00
Total Estimate of Reserves $0.00
Projected Ending Surplus Fund Balance (6/30/2023) $0.00 1 The Presley Lawsuit Settlement Funds are used to support the District by offsetting funding shortfalls that exist annually.
2 Operating Reserves should be accumulated annually. The FY 2022-23 target Operating Reserve is 50% of the annual expenditures ($69,484.50).

FY 2022-23 Cost Estimate
Oakhurst Geological Hazard Abatement District
ATTACHMENT 4
Oakhurst Geological Hazard
Abatement District
Fiscal Year 2022-23
Annual Report
July 19, 2022
ATTACHMENT 5
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Annual Report............................................................... 2 Part A – Plans and Specifications ......................................... 4 Part B – Estimate of Cost...................................................... 6 Part C – District Diagram ...................................................... 8 Part D – Method of Apportionment of Assessments............ 10 Part E - Assessment Roll .................................................... 13 Appendix
Appendix A – Assessment Roll

ATTACHMENT 5

ANNUAL REPORT

GEOLOGICAL HAZARD ABATEMENT DISTRICT
FISCAL YEAR 2022-23
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Annual Report pursuant to the provisions of the Geological Hazard Abatement District’s Section 26651 of the California Public Resources Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: 6/14/2022 By:

Eduardo Espinoza, P.E.

RCE # 83709
ATTACHMENT 5

SECTION I

INTRODUCTION
In 2000, the Oakhurst Geological Hazard Abatement (“District”) was established by vote of the property owners within the geographic boundaries of the District pursuant to Division 17, Geological Hazard Abatement Districts, of the Public Resources Code, Section 26500 et seq.

The territory included within the District has been broken into three (3) areas of benefit and generally includes the following subdivision numbers 6990, 7065, 7066, 7303, 7311, 7768, 7769, 7256, 7257, 7260, 7261, 7262, 7263, 7264, 7766, 7767, 7249, and 7255. Copies of the subdivision maps are on file at the City and with the Contra Costa County Recorder's Office.

A reduced copy of the District Diagram showing the boundaries of the parcels within the District is provided in Part C of this Report.

In April 2000, the property owners within the District approved by ballot, assessments to cover the routine maintenance and operational needs of the District. The proceedings approved a method of escalating the annual assessments, so that the District’s revenues may keep pace with annual cost of living increases in the cost to maintain District improvements. The annual escalator approved was to be an annual adjustment in the maximum assessment rate based on the San Francisco Bay Area Consumer Price Index (CPI).

As a result, the District continues to annually levy and collect special assessments on parcels within its boundaries to pay for and fund hazard abatement and the needed maintenance and services in the areas within the District.

ATTACHMENT 5

SECTION II

ANNUAL REPORT PREPARED FOR THE

OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT
FISCAL YEAR 2022-23
Pursuant to the code governing Geological Hazard Abatement Districts (Division 17 of the Public Resources Code of the State of California), and in accordance with the Resolution of Intention, adopted by the Board of the Oakhurst Geological Hazard Abatement District on June 7, 2022, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the Oakhurst Geological Hazard Abatement District (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the General Manager of the Oakhurst Geological Hazard and Abatement District and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2022-23, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the General Manager of the Oakhurst Geological Hazard and Abatement District.

PART C: DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the General Manager of the Oakhurst Geological Hazard and Abatement District.

The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

ATTACHMENT 5
PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the General Manager of the Oakhurst Geological Hazard and Abatement District and is incorporated in this Report. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

ATTACHMENT 5
PART A

PLANS AND SPECIFICATIONS
The District maintained improvements are described in the Plan of Control. In general, the improvements may include drainage systems, open space storm drain inlets and outlets, subdrains and outlets, and select retaining walls, and any other appurtenant improvements and services all of which support hazard abatement and prevention services.

In Fiscal Year 2022-23, the City’s geotechnical consultant, BSK, will evaluate the needs of the District and prioritize areas of concern. Currently, the City’s prior geotechnical consultant identified the following areas with a need for repairs and projects, all of which will be addressed as funding allows.

Kelok Way Area
The District’s prior geotechnical consultant performed monitoring work in the Kelok Way area in 2020. The Inclinometer readings taken in July of 2020 were compared with readings taken in May of 2019 and indicated a very slight slope change of 0.25 inches. Significant concrete cracking and separation has occurred at the cul-de-sac of Kelok Way (8053). With limited funds available to make repairs, the inclinometer replacements may need to be delayed several years until sufficient funds can be saved to fund the installation of the new inclinometer.

Th City’s prior geotechnical consultant noted that the flatwork cracking on Kelok Way concludes that movement is still likely to occur. Ongoing movement north of Bear Place may begin to adversely impact storm drain, sewer, and water lines, with potential leakage impacting slope stability. They recommend that water levels within the open pipe piezometers be measured semi-annually.

Ahwanee Lane Street Repair
An asphalt and sidewalk deformation has occurred on the easterly side of Ahwanee Lane just south of the intersection with Miwok Way. The City’s prior geotechnical consultant characterized the deformation as a trench migration issue that could become extensive and be an expensive issue to correct. In the Fiscal Year 2019/20 budget, $63,193 was included for this project, but upon further review, it was determined that additional study was needed for a more accurate estimate. Based on this new street issue occurring during Fiscal Year 2019/20, this repair has taken precedence over the installation of the new slope inclinometers at Kelok and Pebble Beach. With limited funds available to make repairs, the investigation for the repair of Ahwanee was delayed until future fiscal years when funds could be made available to undertake the street/sidewalk repair.

ATTACHMENT 5
Pebble Beach Area
The inclinometer in the slope below the street (SI-2) has pinched at a depth of 72 feet thereby prohibiting measurement below that depth. The readings in the upper 72 feet indicate the upper area have not internally moved significantly since the last readings in 2016. The City’s prior geotechnical consultant strongly recommends the replacement of inclinometer SI-2 but its replacement has not yet been budgeted due to insufficient District funds being available.

V-Ditch Maintenance
Staff is once again postponing this year’s ‘V’-ditch maintenance work in favor of prioritizing the Ahwanee Lane street repair.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference.

ATTACHMENT 5
PART B

FY 2022-23 Cost Estimate
Oakhurst Geological Hazard Abatement District
ATTACHMENT 5
The purpose of the various reserve accounts is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the facilities that are the responsibility of the District.

The Operating Reserve target is fifty percent (50%) of the projected expenditures.

Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

The purpose of collecting and holding funds in a Capital Reserve is so that when and if improvements need to be replaced or expenditures that are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.

ATTACHMENT 5
PART C

DISTRICT DIAGRAM
The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the District Diagram is shown on the following page.

ATTACHMENT 5
Oakhurst Geological Hazard Abatement District (GHAD)
Boundaries
¯ Legend
Parcel Lines
GHAD Parcels
City of Clayton City Limits
0 500 1,000 2,000 3,000
Feet
Oakhurst Dr
Clayton Rd
ATTACHMENT 5
PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
A geological hazard abatement district is in essence the same as a benefit assessment district, and therefore the costs budgeted for the District (assessments) must be apportioned to individual parcels according to the benefit received.

The voter approved ballot measure that established the District divided the total development into three separate assessment areas. After reviewing the needs of each area and the benefits of the District to each area, the following percentages of the total budget/cost (including reserves) has been assigned to each area:

Area 1 which includes the lower 6000's, lower 5000’s, Duets, and Townhouses, was assigned 25% of the total budget;
Area 2 which includes the Upper 6000's, upper 5000’s, 8,000's, condominiums, was assigned 50% of the total budget, and
Area 3 which includes the 10000's was assigned 25% of the total budget.

The number of housing units in each area is not considered a benefit factor and the amount of the assessment per unit will vary from area to area.

The type of housing unit is considered when assigning benefit and the different types of housing mixed into Areas 1 and 2 have been assigned different assessment factors to account for the differing type of housing as follows:

Single Family Home (regardless of size) 1.00
Duets 0.75
Multi-family 0.50
The process of calculating the original assessment rates for each parcel included calculating the amount of total budget that each area was responsible for and determining each area’s proportionate percentage of the total. Each parcel within the District was then assigned an equivalent assessed unit based on the assessment factors referenced above.

Each area’s budget was then spread to each tract or subdivision (“Sub-Area”) based on their total number of equivalent assessed units. From there, each Sub-Area spread their budget amount based on the number of dwelling units to arrive at a maximum assessment rate per Sub-Area.

ATTACHMENT 5
Each fiscal year thereafter, the maximum assessment rates may be increased annually in an amount tied to the Consumer Price Index for Urban Consumers (CPI-U) for the San Francisco Bay Area as of April of each succeeding year. The change in the CPI from April 2021 to April 2022 was 5.00%. Therefore, the Fiscal Year 2022-23 maximum assessment rates will increase by 5.00% over the Fiscal Year 2021-22 maximum assessment rate. The Fiscal Year 2022-23 Maximum Assessment Rates by Area and Sub-Area follow.

Area Sub-Area
# of
Units Unit Type Factor
Equivalent
Assessable Units
Maximum
Assessment Rate
Total
Assessment1
1 6990 92 Single-Family 1.00 92.00 $25.93 $2,384.64
1 7065 108 Duets 0.75 81.00 $25.93 $2,099.52
1 7066 117 Multi-Family 0.50 58.50 $25.93 $1,516.32
1 7303 52 Multi-Family 0.50 26.00 $25.93 $673.92
1 7311 118 Duets 0.75 88.50 $25.93 $2,293.92
1 7768 55 Single-Family 1.00 55.00 $25.93 $1,425.60
1 7769 53 Single-Family 1.00 53.00 $25.93 $1,373.76
Subtotal 595 454.00 $11,767.68
Area Sub-Area
# of
Units Unit Type Factor
Equivalent
Assessable Units
Maximum
Assessment Rate
Total
Assessment
2 7256 70 Single-Family 1.00 70.00 $34.65 $2,424.80
2 7257 60 Single-Family 1.00 60.00 $34.65 $2,078.40
2 7260 75 Single-Family 1.00 75.00 $34.65 $2,598.00
2 7261 70 Single-Family 1.00 70.00 $34.65 $2,424.80
2 7262 99 Single-Family 1.00 99.00 $34.65 $3,429.36
2 7263 101 Single-Family 1.00 101.00 $34.65 $3,498.64
2 7264 102 Single-Family 1.00 102.00 $34.65 $3,533.28
2 7766 35 Single-Family 1.00 35.00 $34.65 $1,212.40
2 7766 60 Multi-Family 0.50 30.00 $34.65 $1,039.20
2 7767 76 Multi-Family 0.50 38.00 $34.65 $1,316.32
Subtotal 748 680.00 $23,555.20
Area Sub-Area
# of
Units Unit Type Factor
Equivalent
Assessable Units
Maximum
Assessment Rate
Total
Assessment
3 7249 69 Single-Family 1.00 69.00 $83.58 $5,767.02
3 7255 72 Single-Family 1.00 72.00 $83.58 $6,017.76
Subtotal 141 141.00 $11,784.78
Total 1,484 1,275.00 $47,107.66
1 Numbers may not foot due to rounding because the County requires all amounts placed on the tax bill to be even so they are divisible by two (2).

ATTACHMENT 5
Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
1) Publicly owned parcels that are reserved as public open space or are developed as City Parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate.

ATTACHMENT 5
PART E

ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for FY 2022-23 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is shown in this Report as Appendix “A”.

The total proposed assessment for FY 2022-23 is $47,107.66.

ATTACHMENT 5
APPENDIX “A”

ASSESSMENT ROLL
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
6990

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-381-001 $25.92
118-381-002 $25.92
118-381-003 $25.92
118-381-004 $25.92
118-381-005 $25.92
118-381-006 $25.92
118-381-007 $25.92
118-381-008 $25.92
118-381-009 $25.92
118-381-010 $25.92
118-381-011 $25.92
118-381-012 $25.92
118-381-017 $25.92
118-381-018 $25.92
118-381-019 $25.92
118-381-020 $25.92
118-381-021 $25.92
118-381-022 $25.92
118-381-023 $25.92
118-381-024 $25.92
118-381-025 $25.92
118-381-026 $25.92
118-381-027 $25.92
118-381-028 $25.92
118-381-029 $25.92
118-381-030 $25.92
118-381-036 $25.92
118-381-037 $25.92
118-381-038 $25.92
118-381-039 $25.92
118-382-001 $25.92
118-382-002 $25.92
118-382-003 $25.92
118-382-004 $25.92
118-382-005 $25.92
118-382-006 $25.92
118-382-007 $25.92
118-382-008 $25.92
118-382-009 $25.92
118-382-010 $25.92
118-382-011 $25.92
118-382-012 $25.92
118-382-013 $25.92
118-382-014 $25.92
118-382-015 $25.92
118-382-016 $25.92
118-382-017 $25.92
118-382-018 $25.92
118-382-019 $25.92
118-382-020 $25.92
118-382-021 $25.92
118-382-022 $25.92
118-391-001 $25.92
Assessor's
Parcel
Number
Assessment
Amount
118-391-002 $25.92
118-391-003 $25.92
118-391-004 $25.92
118-391-005 $25.92
118-391-006 $25.92
118-391-007 $25.92
118-391-008 $25.92
118-391-009 $25.92
118-391-010 $25.92
118-391-011 $25.92
118-391-012 $25.92
118-391-013 $25.92
118-391-014 $25.92
118-391-015 $25.92
118-391-016 $25.92
118-391-017 $25.92
118-391-018 $25.92
118-391-019 $25.92
118-391-020 $25.92
118-391-021 $25.92
118-391-022 $25.92
118-391-023 $25.92
118-391-024 $25.92
118-392-001 $25.92
118-392-002 $25.92
118-392-003 $25.92
118-392-004 $25.92
118-392-005 $25.92
118-392-006 $25.92
118-392-007 $25.92
118-392-008 $25.92
118-392-009 $25.92
118-392-010 $25.92
118-392-011 $25.92
118-392-012 $25.92
118-392-013 $25.92
118-392-014 $25.92
118-392-015 $25.92
118-392-016 $25.92
Total Parcels: 92
$2,384.64
Total
Assessment:
1 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7065

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-401-001 $19.44
118-401-002 $19.44
118-401-003 $19.44
118-401-004 $19.44
118-401-005 $19.44
118-401-006 $19.44
118-401-007 $19.44
118-401-008 $19.44
118-401-009 $19.44
118-401-010 $19.44
118-401-011 $19.44
118-401-012 $19.44
118-401-013 $19.44
118-401-014 $19.44
118-401-015 $19.44
118-401-016 $19.44
118-401-017 $19.44
118-401-018 $19.44
118-401-019 $19.44
118-401-020 $19.44
118-401-021 $19.44
118-401-022 $19.44
118-401-023 $19.44
118-401-024 $19.44
118-401-025 $19.44
118-401-026 $19.44
118-401-027 $19.44
118-401-028 $19.44
118-401-029 $19.44
118-401-030 $19.44
118-401-031 $19.44
118-401-032 $19.44
118-401-033 $19.44
118-401-034 $19.44
118-401-035 $19.44
118-401-036 $19.44
118-401-037 $19.44
118-401-038 $19.44
118-401-039 $19.44
118-401-040 $19.44
118-401-041 $19.44
118-401-042 $19.44
118-402-001 $19.44
118-402-002 $19.44
118-402-003 $19.44
118-402-004 $19.44
118-402-005 $19.44
118-402-006 $19.44
118-402-007 $19.44
118-402-008 $19.44
118-402-009 $19.44
118-402-010 $19.44
118-402-011 $19.44
Assessor's
Parcel
Number
Assessment
Amount
118-402-012 $19.44
118-402-013 $19.44
118-402-014 $19.44
118-402-015 $19.44
118-402-016 $19.44
118-402-017 $19.44
118-402-018 $19.44
118-402-019 $19.44
118-402-020 $19.44
118-402-021 $19.44
118-402-022 $19.44
118-402-023 $19.44
118-402-024 $19.44
118-402-025 $19.44
118-402-026 $19.44
118-402-027 $19.44
118-402-028 $19.44
118-402-029 $19.44
118-402-030 $19.44
118-402-031 $19.44
118-402-032 $19.44
118-402-033 $19.44
118-402-034 $19.44
118-402-035 $19.44
118-402-036 $19.44
118-402-037 $19.44
118-402-038 $19.44
118-402-039 $19.44
118-402-040 $19.44
118-402-041 $19.44
118-402-042 $19.44
118-402-043 $19.44
118-402-044 $19.44
118-402-045 $19.44
118-402-046 $19.44
118-402-047 $19.44
118-402-048 $19.44
118-402-049 $19.44
118-402-050 $19.44
118-402-051 $19.44
118-402-052 $19.44
118-402-053 $19.44
118-402-054 $19.44
118-402-055 $19.44
118-402-056 $19.44
118-402-057 $19.44
118-402-058 $19.44
118-402-059 $19.44
118-402-060 $19.44
118-402-061 $19.44
118-402-062 $19.44
118-402-063 $19.44
118-402-064 $19.44
Assessor's
Parcel
Number
Assessment
Amount
118-402-065 $19.44
118-402-066 $19.44
Total Parcels: 108
$2,099.52
Total
Assessment:
2 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7066

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-410-001 $12.96
118-410-002 $12.96
118-410-003 $12.96
118-410-004 $12.96
118-410-005 $12.96
118-410-006 $12.96
118-410-007 $12.96
118-410-008 $12.96
118-410-009 $12.96
118-410-010 $12.96
118-410-011 $12.96
118-410-012 $12.96
118-410-013 $12.96
118-410-014 $12.96
118-410-015 $12.96
118-410-016 $12.96
118-410-017 $12.96
118-410-018 $12.96
118-410-019 $12.96
118-410-020 $12.96
118-410-021 $12.96
118-410-022 $12.96
118-410-023 $12.96
118-410-024 $12.96
118-410-025 $12.96
118-410-026 $12.96
118-410-027 $12.96
118-410-028 $12.96
118-410-029 $12.96
118-410-030 $12.96
118-410-031 $12.96
118-410-032 $12.96
118-410-033 $12.96
118-410-034 $12.96
118-410-035 $12.96
118-410-037 $12.96
118-410-038 $12.96
118-410-039 $12.96
118-410-040 $12.96
118-410-041 $12.96
118-410-042 $12.96
118-410-043 $12.96
118-410-044 $12.96
118-410-045 $12.96
118-410-046 $12.96
118-410-047 $12.96
118-410-048 $12.96
118-410-049 $12.96
118-410-050 $12.96
118-410-051 $12.96
118-410-052 $12.96
118-410-053 $12.96
118-410-054 $12.96
Assessor's
Parcel
Number
Assessment
Amount
118-410-055 $12.96
118-410-056 $12.96
118-410-057 $12.96
118-410-058 $12.96
118-410-059 $12.96
118-410-060 $12.96
118-410-061 $12.96
118-410-062 $12.96
118-410-063 $12.96
118-410-064 $12.96
118-410-065 $12.96
118-410-066 $12.96
118-410-067 $12.96
118-410-069 $12.96
118-410-068 $12.96
118-410-070 $12.96
118-410-071 $12.96
118-410-072 $12.96
118-410-073 $12.96
118-410-074 $12.96
118-410-075 $12.96
118-410-076 $12.96
118-410-077 $12.96
118-410-078 $12.96
118-410-079 $12.96
118-410-080 $12.96
118-410-081 $12.96
118-410-082 $12.96
118-410-083 $12.96
118-410-084 $12.96
118-410-085 $12.96
118-410-086 $12.96
118-410-087 $12.96
118-410-088 $12.96
118-410-089 $12.96
118-410-090 $12.96
118-410-091 $12.96
118-410-092 $12.96
118-410-093 $12.96
118-410-094 $12.96
118-410-095 $12.96
118-410-096 $12.96
118-410-097 $12.96
118-410-098 $12.96
118-410-099 $12.96
118-410-100 $12.96
118-410-101 $12.96
118-410-102 $12.96
118-410-103 $12.96
118-410-104 $12.96
118-410-105 $12.96
118-410-106 $12.96
118-410-107 $12.96
Assessor's
Parcel
Number
Assessment
Amount
118-410-108 $12.96
118-410-109 $12.96
118-410-110 $12.96
118-410-111 $12.96
118-410-112 $12.96
118-410-113 $12.96
118-410-114 $12.96
118-410-115 $12.96
118-410-116 $12.96
118-410-117 $12.96
118-410-120 $12.96
Total Parcels: 117
$1,516.32
Total
Assessment:
3 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7249

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-480-001 $83.58
118-480-002 $83.58
118-480-003 $83.58
118-480-004 $83.58
118-480-005 $83.58
118-480-006 $83.58
118-480-007 $83.58
118-480-008 $83.58
118-480-009 $83.58
118-480-010 $83.58
118-480-011 $83.58
118-480-012 $83.58
118-480-013 $83.58
118-480-014 $83.58
118-480-015 $83.58
118-480-016 $83.58
118-480-017 $83.58
118-480-018 $83.58
118-480-019 $83.58
118-480-020 $83.58
118-480-023 $83.58
118-480-024 $83.58
118-480-025 $83.58
118-480-026 $83.58
118-480-027 $83.58
118-480-028 $83.58
118-480-029 $83.58
118-480-030 $83.58
118-480-031 $83.58
118-480-034 $83.58
118-480-035 $83.58
118-480-036 $83.58
118-480-037 $83.58
118-480-038 $83.58
118-480-039 $83.58
118-480-040 $83.58
118-480-041 $83.58
118-480-042 $83.58
118-480-043 $83.58
118-480-044 $83.58
118-480-045 $83.58
118-480-046 $83.58
118-480-047 $83.58
118-480-048 $83.58
118-490-001 $83.58
118-490-003 $83.58
118-490-005 $83.58
118-490-006 $83.58
118-490-007 $83.58
118-490-008 $83.58
118-490-009 $83.58
118-490-010 $83.58
118-490-011 $83.58
Assessor's
Parcel
Number
Assessment
Amount
118-490-012 $83.58
118-490-013 $83.58
118-490-014 $83.58
118-490-015 $83.58
118-490-016 $83.58
118-490-017 $83.58
118-490-018 $83.58
118-490-019 $83.58
118-490-020 $83.58
118-490-021 $83.58
118-490-022 $83.58
118-490-023 $83.58
118-490-024 $83.58
118-490-025 $83.58
118-490-027 $83.58
118-490-028 $83.58
Total Parcels: 69
$5,767.02
Total
Assessment:
4 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7255

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-500-001 $83.58
118-500-002 $83.58
118-500-005 $83.58
118-500-006 $83.58
118-500-007 $83.58
118-500-008 $83.58
118-500-009 $83.58
118-500-010 $83.58
118-500-011 $83.58
118-500-012 $83.58
118-500-013 $83.58
118-500-014 $83.58
118-500-015 $83.58
118-500-016 $83.58
118-500-017 $83.58
118-500-018 $83.58
118-500-019 $83.58
118-500-020 $83.58
118-500-021 $83.58
118-500-022 $83.58
118-500-023 $83.58
118-500-024 $83.58
118-500-025 $83.58
118-500-026 $83.58
118-500-027 $83.58
118-500-028 $83.58
118-500-029 $83.58
118-500-030 $83.58
118-500-031 $83.58
118-500-032 $83.58
118-500-033 $83.58
118-510-001 $83.58
118-510-002 $83.58
118-510-003 $83.58
118-510-004 $83.58
118-510-005 $83.58
118-510-006 $83.58
118-510-007 $83.58
118-510-008 $83.58
118-510-009 $83.58
118-510-010 $83.58
118-510-011 $83.58
118-510-012 $83.58
118-510-013 $83.58
118-510-015 $83.58
118-510-016 $83.58
118-510-017 $83.58
118-510-018 $83.58
118-510-019 $83.58
118-510-020 $83.58
118-510-021 $83.58
118-510-022 $83.58
118-510-023 $83.58
Assessor's
Parcel
Number
Assessment
Amount
118-510-024 $83.58
118-510-025 $83.58
118-510-026 $83.58
118-510-027 $83.58
118-510-028 $83.58
118-510-029 $83.58
118-510-030 $83.58
118-510-031 $83.58
118-510-032 $83.58
118-510-033 $83.58
118-510-034 $83.58
118-510-035 $83.58
118-510-036 $83.58
118-510-037 $83.58
118-510-038 $83.58
118-510-039 $83.58
118-510-040 $83.58
118-510-041 $83.58
118-510-042 $83.58
Total Parcels: 72
$6,017.76
Total
Assessment:
5 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7256

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-421-001 $34.64
118-421-002 $34.64
118-421-003 $34.64
118-422-001 $34.64
118-422-002 $34.64
118-422-003 $34.64
118-422-004 $34.64
118-422-005 $34.64
118-422-006 $34.64
118-422-007 $34.64
118-423-001 $34.64
118-423-002 $34.64
118-423-003 $34.64
118-423-004 $34.64
118-423-005 $34.64
118-423-006 $34.64
118-423-007 $34.64
118-423-008 $34.64
118-423-009 $34.64
118-423-010 $34.64
118-423-011 $34.64
118-423-012 $34.64
118-423-013 $34.64
118-423-014 $34.64
118-423-015 $34.64
118-424-001 $34.64
118-424-002 $34.64
118-424-003 $34.64
118-424-004 $34.64
118-424-005 $34.64
118-424-006 $34.64
118-424-007 $34.64
118-424-008 $34.64
118-424-009 $34.64
118-424-010 $34.64
118-424-011 $34.64
118-424-012 $34.64
118-424-013 $34.64
118-424-014 $34.64
118-424-015 $34.64
118-424-016 $34.64
118-424-017 $34.64
118-424-018 $34.64
118-424-019 $34.64
118-431-001 $34.64
118-431-002 $34.64
118-431-003 $34.64
118-431-004 $34.64
118-431-005 $34.64
118-432-002 $34.64
118-432-003 $34.64
118-432-004 $34.64
118-432-005 $34.64
Assessor's
Parcel
Number
Assessment
Amount
118-432-006 $34.64
118-432-007 $34.64
118-432-008 $34.64
118-432-009 $34.64
118-432-010 $34.64
118-432-011 $34.64
118-432-012 $34.64
118-432-013 $34.64
118-432-014 $34.64
118-432-015 $34.64
118-432-016 $34.64
118-432-017 $34.64
118-432-019 $34.64
118-432-020 $34.64
118-433-002 $34.64
118-433-003 $34.64
118-433-004 $34.64
Total Parcels: 70
$2,424.80
Total
Assessment:
6 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7257

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-570-001 $34.64
118-570-002 $34.64
118-570-003 $34.64
118-570-004 $34.64
118-570-005 $34.64
118-570-006 $34.64
118-570-007 $34.64
118-570-008 $34.64
118-570-009 $34.64
118-570-010 $34.64
118-570-012 $34.64
118-570-013 $34.64
118-570-014 $34.64
118-570-015 $34.64
118-570-016 $34.64
118-570-017 $34.64
118-570-018 $34.64
118-570-019 $34.64
118-570-020 $34.64
118-570-021 $34.64
118-570-022 $34.64
118-570-023 $34.64
118-570-024 $34.64
118-570-025 $34.64
118-570-026 $34.64
118-570-027 $34.64
118-570-028 $34.64
118-570-029 $34.64
118-570-030 $34.64
118-570-031 $34.64
118-570-032 $34.64
118-570-033 $34.64
118-570-034 $34.64
118-570-035 $34.64
118-570-038 $34.64
118-570-039 $34.64
118-570-040 $34.64
118-570-041 $34.64
118-570-042 $34.64
118-570-043 $34.64
118-570-044 $34.64
118-570-045 $34.64
118-570-046 $34.64
118-570-047 $34.64
118-570-048 $34.64
118-570-049 $34.64
118-570-050 $34.64
118-570-051 $34.64
118-570-052 $34.64
118-570-053 $34.64
118-570-054 $34.64
118-570-055 $34.64
118-570-056 $34.64
Assessor's
Parcel
Number
Assessment
Amount
118-570-057 $34.64
118-570-058 $34.64
118-570-059 $34.64
118-570-060 $34.64
118-570-061 $34.64
118-570-062 $34.64
118-570-063 $34.64
Total Parcels: 60
$2,078.40
Total
Assessment:
7 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7260

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-640-001 $34.64
118-640-002 $34.64
118-640-003 $34.64
118-640-004 $34.64
118-640-005 $34.64
118-640-006 $34.64
118-640-007 $34.64
118-640-008 $34.64
118-640-009 $34.64
118-640-010 $34.64
118-640-011 $34.64
118-640-012 $34.64
118-640-014 $34.64
118-640-015 $34.64
118-640-016 $34.64
118-640-017 $34.64
118-640-018 $34.64
118-640-019 $34.64
118-640-020 $34.64
118-640-022 $34.64
118-640-024 $34.64
118-640-025 $34.64
118-640-026 $34.64
118-640-027 $34.64
118-640-028 $34.64
118-640-029 $34.64
118-640-030 $34.64
118-640-031 $34.64
118-640-032 $34.64
118-640-033 $34.64
118-640-034 $34.64
118-640-035 $34.64
118-640-036 $34.64
118-640-037 $34.64
118-640-038 $34.64
118-640-039 $34.64
118-640-040 $34.64
118-640-041 $34.64
118-640-042 $34.64
118-640-043 $34.64
118-640-044 $34.64
118-640-046 $34.64
118-640-047 $34.64
118-640-048 $34.64
118-650-001 $34.64
118-650-002 $34.64
118-650-003 $34.64
118-650-004 $34.64
118-650-005 $34.64
118-650-006 $34.64
118-650-007 $34.64
118-650-008 $34.64
118-650-009 $34.64
Assessor's
Parcel
Number
Assessment
Amount
118-650-010 $34.64
118-650-011 $34.64
118-650-012 $34.64
118-650-013 $34.64
118-650-014 $34.64
118-650-015 $34.64
118-650-016 $34.64
118-650-017 $34.64
118-650-018 $34.64
118-650-019 $34.64
118-650-020 $34.64
118-650-021 $34.64
118-650-022 $34.64
118-650-023 $34.64
118-650-024 $34.64
118-650-025 $34.64
118-650-026 $34.64
118-650-027 $34.64
118-650-028 $34.64
118-650-029 $34.64
118-650-030 $34.64
118-650-031 $34.64
Total Parcels: 75
$2,598.00
Total
Assessment:
8 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7261

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-670-001 $34.64
118-670-002 $34.64
118-670-003 $34.64
118-670-004 $34.64
118-670-005 $34.64
118-670-006 $34.64
118-670-007 $34.64
118-670-008 $34.64
118-670-009 $34.64
118-670-010 $34.64
118-670-011 $34.64
118-670-012 $34.64
118-670-013 $34.64
118-670-014 $34.64
118-670-015 $34.64
118-670-016 $34.64
118-670-017 $34.64
118-670-018 $34.64
118-670-019 $34.64
118-670-020 $34.64
118-670-021 $34.64
118-670-022 $34.64
118-670-023 $34.64
118-670-024 $34.64
118-670-025 $34.64
118-670-026 $34.64
118-670-027 $34.64
118-670-028 $34.64
118-670-029 $34.64
118-670-030 $34.64
118-670-031 $34.64
118-670-032 $34.64
118-670-033 $34.64
118-670-034 $34.64
118-670-035 $34.64
118-670-036 $34.64
118-670-037 $34.64
118-670-038 $34.64
118-670-039 $34.64
118-670-040 $34.64
118-670-041 $34.64
118-670-042 $34.64
118-670-043 $34.64
118-670-044 $34.64
118-680-001 $34.64
118-680-002 $34.64
118-680-003 $34.64
118-680-004 $34.64
118-680-005 $34.64
118-680-006 $34.64
118-680-007 $34.64
118-680-008 $34.64
118-680-009 $34.64
Assessor's
Parcel
Number
Assessment
Amount
118-680-010 $34.64
118-680-011 $34.64
118-680-012 $34.64
118-680-013 $34.64
118-680-014 $34.64
118-680-015 $34.64
118-680-016 $34.64
118-680-017 $34.64
118-680-018 $34.64
118-680-019 $34.64
118-680-020 $34.64
118-680-021 $34.64
118-680-022 $34.64
118-680-023 $34.64
118-680-024 $34.64
118-680-025 $34.64
118-680-026 $34.64
Total Parcels: 70
$2,424.80
Total
Assessment:
9 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7262

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-441-001 $34.64
118-441-002 $34.64
118-441-003 $34.64
118-441-004 $34.64
118-441-005 $34.64
118-441-006 $34.64
118-441-007 $34.64
118-441-008 $34.64
118-441-009 $34.64
118-441-010 $34.64
118-441-011 $34.64
118-441-012 $34.64
118-441-013 $34.64
118-441-014 $34.64
118-441-015 $34.64
118-441-016 $34.64
118-441-017 $34.64
118-441-018 $34.64
118-441-019 $34.64
118-441-020 $34.64
118-441-021 $34.64
118-441-022 $34.64
118-441-023 $34.64
118-441-024 $34.64
118-441-025 $34.64
118-441-026 $34.64
118-442-001 $34.64
118-442-002 $34.64
118-442-003 $34.64
118-442-004 $34.64
118-442-005 $34.64
118-442-006 $34.64
118-442-007 $34.64
118-442-008 $34.64
118-442-009 $34.64
118-442-010 $34.64
118-442-011 $34.64
118-442-012 $34.64
118-442-013 $34.64
118-442-014 $34.64
118-442-015 $34.64
118-442-016 $34.64
118-442-017 $34.64
118-443-001 $34.64
118-443-002 $34.64
118-443-003 $34.64
118-443-004 $34.64
118-443-005 $34.64
118-443-006 $34.64
118-443-007 $34.64
118-451-001 $34.64
118-451-002 $34.64
118-451-003 $34.64
Assessor's
Parcel
Number
Assessment
Amount
118-451-004 $34.64
118-451-005 $34.64
118-451-006 $34.64
118-451-007 $34.64
118-451-008 $34.64
118-451-009 $34.64
118-451-010 $34.64
118-451-011 $34.64
118-452-001 $34.64
118-452-002 $34.64
118-452-003 $34.64
118-452-004 $34.64
118-452-005 $34.64
118-452-006 $34.64
118-452-007 $34.64
118-452-008 $34.64
118-452-009 $34.64
118-452-010 $34.64
118-452-011 $34.64
118-452-012 $34.64
118-452-013 $34.64
118-452-014 $34.64
118-452-015 $34.64
118-452-016 $34.64
118-452-017 $34.64
118-452-018 $34.64
118-452-019 $34.64
118-452-020 $34.64
118-452-021 $34.64
118-452-022 $34.64
118-452-023 $34.64
118-452-024 $34.64
118-452-025 $34.64
118-452-026 $34.64
118-452-027 $34.64
118-452-028 $34.64
118-452-029 $34.64
118-452-030 $34.64
118-452-031 $34.64
118-452-032 $34.64
118-452-033 $34.64
118-452-034 $34.64
118-452-035 $34.64
118-452-036 $34.64
118-452-037 $34.64
118-452-038 $34.64
Total Parcels: 99
$3,429.36
Total
Assessment:
10 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7263

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-540-001 $34.64
118-540-002 $34.64
118-540-003 $34.64
118-540-004 $34.64
118-540-005 $34.64
118-540-006 $34.64
118-540-007 $34.64
118-540-008 $34.64
118-540-009 $34.64
118-540-010 $34.64
118-540-011 $34.64
118-540-012 $34.64
118-540-013 $34.64
118-540-014 $34.64
118-540-015 $34.64
118-540-016 $34.64
118-540-017 $34.64
118-540-018 $34.64
118-540-019 $34.64
118-540-020 $34.64
118-540-021 $34.64
118-540-022 $34.64
118-540-023 $34.64
118-540-024 $34.64
118-540-025 $34.64
118-540-026 $34.64
118-540-027 $34.64
118-540-028 $34.64
118-540-029 $34.64
118-540-030 $34.64
118-540-031 $34.64
118-540-032 $34.64
118-540-033 $34.64
118-540-034 $34.64
118-540-035 $34.64
118-540-036 $34.64
118-540-037 $34.64
118-540-038 $34.64
118-540-039 $34.64
118-540-040 $34.64
118-540-041 $34.64
118-540-042 $34.64
118-540-043 $34.64
118-540-044 $34.64
118-540-045 $34.64
118-540-046 $34.64
118-540-047 $34.64
118-540-048 $34.64
118-540-049 $34.64
118-540-050 $34.64
118-540-051 $34.64
118-540-052 $34.64
118-540-053 $34.64
Assessor's
Parcel
Number
Assessment
Amount
118-540-054 $34.64
118-540-055 $34.64
118-540-056 $34.64
118-540-057 $34.64
118-540-058 $34.64
118-540-059 $34.64
118-540-060 $34.64
118-540-061 $34.64
118-540-062 $34.64
118-540-063 $34.64
118-540-064 $34.64
118-540-065 $34.64
118-550-002 $34.64
118-550-003 $34.64
118-550-004 $34.64
118-550-005 $34.64
118-550-006 $34.64
118-550-007 $34.64
118-550-008 $34.64
118-550-009 $34.64
118-550-010 $34.64
118-550-011 $34.64
118-550-012 $34.64
118-550-013 $34.64
118-550-014 $34.64
118-550-015 $34.64
118-550-016 $34.64
118-550-017 $34.64
118-550-018 $34.64
118-550-019 $34.64
118-550-020 $34.64
118-550-021 $34.64
118-550-022 $34.64
118-550-023 $34.64
118-550-024 $34.64
118-550-025 $34.64
118-550-026 $34.64
118-550-027 $34.64
118-550-028 $34.64
118-550-029 $34.64
118-550-030 $34.64
118-550-031 $34.64
118-550-032 $34.64
118-550-033 $34.64
118-550-034 $34.64
118-550-035 $34.64
118-550-036 $34.64
118-550-038 $34.64
Total Parcels: 101
$3,498.64
Total
Assessment:
11 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7264

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-620-001 $34.64
118-620-002 $34.64
118-620-003 $34.64
118-620-004 $34.64
118-620-005 $34.64
118-620-006 $34.64
118-620-007 $34.64
118-620-008 $34.64
118-620-009 $34.64
118-620-010 $34.64
118-620-011 $34.64
118-620-012 $34.64
118-620-013 $34.64
118-620-014 $34.64
118-620-015 $34.64
118-620-016 $34.64
118-620-017 $34.64
118-620-018 $34.64
118-620-019 $34.64
118-620-020 $34.64
118-620-021 $34.64
118-620-022 $34.64
118-620-023 $34.64
118-620-024 $34.64
118-620-025 $34.64
118-620-026 $34.64
118-620-027 $34.64
118-620-028 $34.64
118-620-029 $34.64
118-620-030 $34.64
118-620-031 $34.64
118-620-032 $34.64
118-620-033 $34.64
118-620-034 $34.64
118-620-035 $34.64
118-620-036 $34.64
118-620-037 $34.64
118-620-038 $34.64
118-620-039 $34.64
118-620-040 $34.64
118-620-041 $34.64
118-620-042 $34.64
118-620-043 $34.64
118-620-044 $34.64
118-620-045 $34.64
118-620-046 $34.64
118-620-047 $34.64
118-620-048 $34.64
118-620-049 $34.64
118-620-050 $34.64
118-620-051 $34.64
118-620-052 $34.64
118-620-053 $34.64
Assessor's
Parcel
Number
Assessment
Amount
118-620-054 $34.64
118-620-055 $34.64
118-620-056 $34.64
118-620-057 $34.64
118-620-058 $34.64
118-620-059 $34.64
118-620-060 $34.64
118-620-061 $34.64
118-620-062 $34.64
118-630-001 $34.64
118-630-002 $34.64
118-630-003 $34.64
118-630-004 $34.64
118-630-005 $34.64
118-630-006 $34.64
118-630-007 $34.64
118-630-008 $34.64
118-630-009 $34.64
118-630-010 $34.64
118-630-011 $34.64
118-630-012 $34.64
118-630-013 $34.64
118-630-014 $34.64
118-630-015 $34.64
118-630-016 $34.64
118-630-017 $34.64
118-630-018 $34.64
118-630-019 $34.64
118-630-020 $34.64
118-630-021 $34.64
118-630-022 $34.64
118-630-023 $34.64
118-630-024 $34.64
118-630-025 $34.64
118-630-026 $34.64
118-630-027 $34.64
118-630-028 $34.64
118-630-029 $34.64
118-630-030 $34.64
118-630-031 $34.64
118-630-032 $34.64
118-630-033 $34.64
118-630-034 $34.64
118-630-035 $34.64
118-630-036 $34.64
118-630-037 $34.64
118-630-038 $34.64
118-630-039 $34.64
118-630-040 $34.64
Total Parcels: 102
$3,533.28
Total
Assessment:
12 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7303

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-530-001 $12.96
118-530-002 $12.96
118-530-003 $12.96
118-530-004 $12.96
118-530-005 $12.96
118-530-006 $12.96
118-530-007 $12.96
118-530-008 $12.96
118-530-009 $12.96
118-530-010 $12.96
118-530-011 $12.96
118-530-012 $12.96
118-530-013 $12.96
118-530-014 $12.96
118-530-015 $12.96
118-530-016 $12.96
118-530-017 $12.96
118-530-018 $12.96
118-530-019 $12.96
118-530-020 $12.96
118-530-021 $12.96
118-530-022 $12.96
118-530-023 $12.96
118-530-024 $12.96
118-530-025 $12.96
118-530-026 $12.96
118-530-027 $12.96
118-530-028 $12.96
118-530-029 $12.96
118-530-030 $12.96
118-530-031 $12.96
118-530-033 $12.96
118-530-034 $12.96
118-530-035 $12.96
118-530-036 $12.96
118-530-037 $12.96
118-530-038 $12.96
118-530-039 $12.96
118-530-040 $12.96
118-530-041 $12.96
118-530-042 $12.96
118-530-043 $12.96
118-530-044 $12.96
118-530-045 $12.96
118-530-046 $12.96
118-530-047 $12.96
118-530-048 $12.96
118-530-049 $12.96
118-530-050 $12.96
118-530-051 $12.96
118-530-052 $12.96
118-530-056 $12.96
Assessor's
Parcel
Number
Assessment
Amount
Total Parcels: 52
$673.92
Total
Assessment:
13 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7311

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-460-001 $19.44
118-460-002 $19.44
118-460-003 $19.44
118-460-004 $19.44
118-460-005 $19.44
118-460-006 $19.44
118-460-007 $19.44
118-460-008 $19.44
118-460-009 $19.44
118-460-010 $19.44
118-460-011 $19.44
118-460-012 $19.44
118-460-013 $19.44
118-460-014 $19.44
118-460-015 $19.44
118-460-016 $19.44
118-460-017 $19.44
118-460-018 $19.44
118-460-019 $19.44
118-460-020 $19.44
118-460-021 $19.44
118-460-022 $19.44
118-460-023 $19.44
118-460-024 $19.44
118-460-025 $19.44
118-460-026 $19.44
118-460-027 $19.44
118-460-028 $19.44
118-460-029 $19.44
118-460-030 $19.44
118-460-031 $19.44
118-460-032 $19.44
118-460-033 $19.44
118-460-034 $19.44
118-460-035 $19.44
118-460-036 $19.44
118-460-037 $19.44
118-460-038 $19.44
118-460-039 $19.44
118-460-040 $19.44
118-460-041 $19.44
118-460-042 $19.44
118-460-043 $19.44
118-460-044 $19.44
118-460-045 $19.44
118-460-046 $19.44
118-460-047 $19.44
118-460-048 $19.44
118-460-049 $19.44
118-460-050 $19.44
118-460-051 $19.44
118-460-052 $19.44
118-460-053 $19.44
Assessor's
Parcel
Number
Assessment
Amount
118-460-054 $19.44
118-460-055 $19.44
118-460-056 $19.44
118-460-057 $19.44
118-460-058 $19.44
118-460-059 $19.44
118-460-060 $19.44
118-460-061 $19.44
118-460-062 $19.44
118-460-063 $19.44
118-460-064 $19.44
118-460-065 $19.44
118-460-066 $19.44
118-460-067 $19.44
118-460-069 $19.44
118-460-068 $19.44
118-460-070 $19.44
118-460-071 $19.44
118-460-072 $19.44
118-460-073 $19.44
118-460-074 $19.44
118-460-075 $19.44
118-460-076 $19.44
118-460-077 $19.44
118-460-078 $19.44
118-460-079 $19.44
118-460-080 $19.44
118-460-081 $19.44
118-460-082 $19.44
118-460-083 $19.44
118-460-084 $19.44
118-460-085 $19.44
118-460-086 $19.44
118-460-087 $19.44
118-460-088 $19.44
118-460-089 $19.44
118-460-090 $19.44
118-460-091 $19.44
118-460-092 $19.44
118-460-093 $19.44
118-460-094 $19.44
118-460-095 $19.44
118-460-096 $19.44
118-460-097 $19.44
118-460-098 $19.44
118-460-099 $19.44
118-460-100 $19.44
118-460-101 $19.44
118-460-102 $19.44
118-460-103 $19.44
118-460-105 $19.44
118-460-106 $19.44
118-460-107 $19.44
Assessor's
Parcel
Number
Assessment
Amount
118-460-108 $19.44
118-460-109 $19.44
118-460-110 $19.44
118-460-111 $19.44
118-460-112 $19.44
118-460-113 $19.44
118-460-114 $19.44
118-460-115 $19.44
118-460-116 $19.44
118-460-117 $19.44
118-460-118 $19.44
118-460-121 $19.44
Total Parcels: 118
$2,293.92
Total
Assessment:
14 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7766

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-590-004 $17.32
118-590-005 $17.32
118-590-006 $17.32
118-590-007 $17.32
118-590-009 $17.32
118-590-010 $17.32
118-590-011 $17.32
118-590-012 $17.32
118-590-015 $17.32
118-590-016 $17.32
118-590-017 $17.32
118-590-018 $17.32
118-590-022 $17.32
118-590-023 $17.32
118-590-024 $17.32
118-590-025 $17.32
118-590-027 $17.32
118-590-028 $17.32
118-590-029 $17.32
118-590-030 $17.32
118-600-001 $17.32
118-600-002 $17.32
118-600-003 $17.32
118-600-004 $17.32
118-600-006 $17.32
118-600-007 $17.32
118-600-008 $17.32
118-600-009 $17.32
118-600-011 $17.32
118-600-012 $17.32
118-600-013 $17.32
118-600-014 $17.32
118-600-016 $17.32
118-600-017 $17.32
118-600-018 $17.32
118-600-019 $17.32
118-600-021 $17.32
118-600-022 $17.32
118-600-023 $17.32
118-600-024 $17.32
118-600-026 $17.32
118-600-027 $17.32
118-600-028 $17.32
118-600-029 $17.32
118-600-031 $17.32
118-600-032 $17.32
118-600-033 $17.32
118-600-034 $17.32
118-600-036 $17.32
118-600-037 $17.32
118-600-038 $17.32
118-600-039 $17.32
118-610-001 $17.32
Assessor's
Parcel
Number
Assessment
Amount
118-610-002 $17.32
118-610-003 $17.32
118-610-004 $17.32
118-610-006 $17.32
118-610-007 $17.32
118-610-008 $17.32
118-610-009 $17.32
Total Parcels: 60
$1,039.20
Total
Assessment:
15 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7766A

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-580-001 $34.64
118-580-002 $34.64
118-580-003 $34.64
118-580-004 $34.64
118-580-005 $34.64
118-580-006 $34.64
118-580-007 $34.64
118-580-008 $34.64
118-580-009 $34.64
118-580-010 $34.64
118-580-011 $34.64
118-580-012 $34.64
118-580-013 $34.64
118-580-014 $34.64
118-580-015 $34.64
118-580-016 $34.64
118-580-017 $34.64
118-580-018 $34.64
118-580-019 $34.64
118-580-020 $34.64
118-580-021 $34.64
118-580-022 $34.64
118-580-023 $34.64
118-580-024 $34.64
118-580-025 $34.64
118-580-026 $34.64
118-580-027 $34.64
118-580-028 $34.64
118-580-029 $34.64
118-580-030 $34.64
118-580-031 $34.64
118-580-032 $34.64
118-580-033 $34.64
118-580-034 $34.64
118-580-035 $34.64
Total Parcels: 35
$1,212.40
Total
Assessment:
16 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7767

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-610-012 $17.32
118-610-013 $17.32
118-610-014 $17.32
118-610-015 $17.32
118-610-020 $17.32
118-610-021 $17.32
118-610-022 $17.32
118-610-023 $17.32
118-610-024 $17.32
118-610-025 $17.32
118-610-026 $17.32
118-610-027 $17.32
118-610-028 $17.32
118-610-029 $17.32
118-610-030 $17.32
118-610-031 $17.32
118-660-001 $17.32
118-660-002 $17.32
118-660-003 $17.32
118-660-004 $17.32
118-660-006 $17.32
118-660-007 $17.32
118-660-008 $17.32
118-660-009 $17.32
118-660-013 $17.32
118-660-014 $17.32
118-660-015 $17.32
118-660-016 $17.32
118-660-019 $17.32
118-660-020 $17.32
118-660-021 $17.32
118-660-022 $17.32
118-660-024 $17.32
118-660-025 $17.32
118-660-026 $17.32
118-660-027 $17.32
118-660-029 $17.32
118-660-030 $17.32
118-660-031 $17.32
118-660-032 $17.32
118-660-036 $17.32
118-660-037 $17.32
118-660-038 $17.32
118-660-039 $17.32
118-660-047 $17.32
118-660-048 $17.32
118-660-049 $17.32
118-660-050 $17.32
118-660-052 $17.32
118-660-053 $17.32
118-660-054 $17.32
118-660-055 $17.32
118-660-057 $17.32
Assessor's
Parcel
Number
Assessment
Amount
118-660-058 $17.32
118-660-059 $17.32
118-660-060 $17.32
118-660-062 $17.32
118-660-063 $17.32
118-660-064 $17.32
118-660-065 $17.32
118-660-067 $17.32
118-660-069 $17.32
118-660-068 $17.32
118-660-070 $17.32
118-660-071 $17.32
118-660-072 $17.32
118-660-073 $17.32
118-660-074 $17.32
118-660-075 $17.32
118-660-076 $17.32
118-660-077 $17.32
118-660-078 $17.32
118-660-079 $17.32
118-660-080 $17.32
118-660-081 $17.32
118-660-082 $17.32
Total Parcels: 76
$1,316.32
Total
Assessment:
17 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7768

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-470-003 $25.92
118-470-004 $25.92
118-470-005 $25.92
118-470-006 $25.92
118-470-007 $25.92
118-470-008 $25.92
118-470-009 $25.92
118-470-010 $25.92
118-470-011 $25.92
118-470-012 $25.92
118-470-013 $25.92
118-470-014 $25.92
118-470-015 $25.92
118-470-016 $25.92
118-470-017 $25.92
118-470-018 $25.92
118-470-019 $25.92
118-470-020 $25.92
118-470-021 $25.92
118-470-022 $25.92
118-470-023 $25.92
118-470-024 $25.92
118-470-025 $25.92
118-470-026 $25.92
118-470-027 $25.92
118-470-028 $25.92
118-470-029 $25.92
118-470-030 $25.92
118-470-031 $25.92
118-470-032 $25.92
118-470-033 $25.92
118-470-034 $25.92
118-470-035 $25.92
118-470-036 $25.92
118-470-037 $25.92
118-470-038 $25.92
118-470-039 $25.92
118-470-040 $25.92
118-470-041 $25.92
118-470-042 $25.92
118-470-043 $25.92
118-470-044 $25.92
118-470-045 $25.92
118-470-046 $25.92
118-470-047 $25.92
118-470-048 $25.92
118-470-049 $25.92
118-470-050 $25.92
118-470-051 $25.92
118-470-052 $25.92
118-470-053 $25.92
118-470-054 $25.92
118-470-055 $25.92
Assessor's
Parcel
Number
Assessment
Amount
118-470-056 $25.92
118-470-057 $25.92
Total Parcels: 55
$1,425.60
Total
Assessment:
18 06/14/22
ATTACHMENT 5

OAKHURST GEOLOGICAL HAZARD

ABATEMENT DISTRICT (GHAD)
7769

ASSESSMENT ROLL
FISCAL YEAR 2022-23
SUBDIVISION NO.

Assessor's
Parcel
Number
Assessment
Amount
118-470-063 $25.92
118-470-064 $25.92
118-470-065 $25.92
118-470-066 $25.92
118-470-067 $25.92
118-470-069 $25.92
118-470-068 $25.92
118-470-070 $25.92
118-470-071 $25.92
118-470-072 $25.92
118-470-076 $25.92
118-470-079 $25.92
118-470-080 $25.92
118-470-081 $25.92
118-470-082 $25.92
118-470-083 $25.92
118-470-084 $25.92
118-470-085 $25.92
118-470-086 $25.92
118-470-087 $25.92
118-470-088 $25.92
118-470-089 $25.92
118-470-090 $25.92
118-470-091 $25.92
118-470-092 $25.92
118-470-093 $25.92
118-470-094 $25.92
118-470-095 $25.92
118-470-096 $25.92
118-470-097 $25.92
118-470-098 $25.92
118-470-099 $25.92
118-470-100 $25.92
118-470-101 $25.92
118-470-102 $25.92
118-470-103 $25.92
118-470-104 $25.92
118-470-105 $25.92
118-470-106 $25.92
118-470-107 $25.92
118-470-108 $25.92
118-470-109 $25.92
118-470-110 $25.92
118-470-111 $25.92
118-470-112 $25.92
118-470-113 $25.92
118-470-114 $25.92
118-470-115 $25.92
118-470-118 $25.92
118-470-119 $25.92
118-470-120 $25.92
118-470-121 $25.92
118-470-122 $25.92
Assessor's
Parcel
Number
Assessment
Amount
Total Parcels: 53
$1,373.76
Total
Assessment:
19 06/14/22
ATTACHMENT 5

NOTICE OF PUBLIC HEARING REGARDING THE LEVY OF ASSESSMENTS ON

REAL PROPERTY IN THE OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT PURSUANT TO PUBLIC RESOURCES CODE SECTION 26652.

KNOW ALL INTERESTED PARTIES BY THIS NOTICE THAT:

1. June 7, 2022 the General Manager presented the Fiscal Year (FY) 2022/23 District Budget and Annual Report to the Board of Directors. The General Manager’s proposed FY 2022/23 District budget and annual report indicates total annual assessment revenue of $47,108 and recommending the real property assessments shown on the attached table to pay for the obligations of the Oakhurst Geological Hazard Abatement District ("District") during FY 2022/23.

2. The Board of Directors accepted and approved the report on June 7, 2022, by adopting GHAD Resolution No. ##-2022, which set forth, among other things:
a. The Board's intent to levy and collect a per unit assessment in accordance with the recommendation of the General Manager as specified to pay for District obligations in FY 2022/23. b. Tuesday, July 19, 2022, at 7:00 p.m., either in person or remotely via ZOOM meeting, as the date, time, and place for hearing public comment regarding the levy of said FY 2022/23 District
assessments.

3. The per unit assessments for the previous FY 2021/22 were as shown on the attached table. The proposed per unit assessments represent an increase equal to the latest annual adjustment in the San Francisco, All Items, All Urban Consumers Index (5.0%; April 2021 – April 2022). The proposed assessments are in compliance with the annual increase formula previously approved by the GHAD voters on April 18, 2000 and therefore do not constitute an assessment increase under law.

4. A general description of the items to be maintained and operated in the District and paid for by the assessment is as follows: open space areas and geological hazard mitigation devices and improvements, and District administrative expenses.

5. All interested parties may obtain further particulars concerning the proposed per unit assessments in the District and a description and map of the boundaries of the District by referring to GHAD Resolution ##-2022, and the report of June 7, 2022, which are on file with the GHAD Secretary in Clayton City Hall. In addition, interested parties may contact the General Manager directly by phone at (925) 673-7300 or in person, by ZOOM appointment only, or view the reports at www.claytonca.gov.

NOW, THEREFORE, any and all persons having any interest in lands within the District liable to be assessed for the expenses of the District for FY 2022/23, may appear at the public hearing, the time and place thereof being set forth above, and offer protest to said proposed assessment increase, and any of said persons may also present any objections they may have by written protest filed with the Secretary, Oakhurst Geological Hazard Abatement District, City of Clayton, 6000 Heritage Trail, Clayton, California, 94517, at or before the time set for public hearing.

JANET CALDERON DATED: June 7, 2022
Secretary
Oakhurst Geological Hazard Abatement District
ATTACHMENT 5

GHAD AREA SUBDIVISION NAME

SUBDIVISION
NO.
# OF

UNITS TYPE
FY 2021-22

ASSESSMENT
FY 2022-23

ASSESSMENT
ANNUAL
INCREASE ($)
I Windmill Canyon I 6990 6,000 sf $24.70 $25.93 $1.23
I Black Diamond I 7065 Duets $18.54 $19.45 $0.91
I Chaparral Springs I 7066 Multi-Family $12.36 $12.97 $0.61 I Chaparral Springs II 7303 Multi-Family $12.36 $12.97 $0.61 I Black Diamond II 7311 Duets $18.54 $19.45 $0.91
I Oak Hollow IIA 7768 5,000 sf $24.70 $25.93 $1.23
I Oak Hollow IIB 7769 5,000 sf $24.70 $25.93 $1.23
II Eagle Peak I 7256 8,000 sf $33.00 $34.65 $1.65
II Eagle Peak II 7257 8,000 sf $33.00 $34.65 $1.65
II Falcon Ridge I 7260 8,000 sf $33.00 $34.65 $1.65
II Falcon Ridge II 7261 8,000 sf $33.00 $34.65 $1.65
II Windmill Canyon II 7262 6,000 sf $33.00 $34.65 $1.65 II Windmill Canyon III 7263 6,000 sf $33.00 $34.65 $1.65 II Windmill Canyon IV/Ironwood 7264 6,000 sf $33.00 $34.65 $1.65 II Oak Hollow I 7766 5,000 sf $33.00 $34.65 $1.65
II Diablo Ridge I 7766 Multi-Family $16.50 $17.33 $0.82 II Diablo Ridge II 7767 Multi-Family $16.50 $17.33 $0.82 III Peacock Creek I 7249 10,000 sf $79.60 $83.58 $3.98
III Peacock Creek II 7255 10,000 sf $79.60 $83.58 $3.98 ATTACHMENT 5

Clayton City CouncilMarch 21, 2023

Clayton City Council
March 21, 2023