Agenda packet — Colfax City Council, September 27, 2023

Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.

September 27, 2023
City Council Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Trinity Burruss ⋅ Mayor Pro Tem Kim Douglass
Councilmembers Caroline McCully ⋅ Larry Hillberg ⋅ Sean Lomen

REGULAR MEETING AGENDA
September 27, 2023
Closed Session 6:00 PM
Regular Session to Follow
You may access the meeting and address the Council by the following means:

ZOOM at
https://us02web.zoom.us/j/89075961741
Dial in by calling one of the numbers listed below and enter the Webinar ID:
890 7596 1741
1 (669) 900-6833 1 (346) 248-7799 1 (312) 626-6799
1 (929) 205-6099 1 (253) 215-8782 1 (301) 715-8592
View Only on Facebook Live on our City of Colfax page: City of Colfax, California. You may also submit written comments to the City Clerk via email at [email protected], via regular mail to P.O. Box 702, Colfax CA 95713, or by dropping them off at City Hall, 33 S. Main Street, Colfax CA 95713.

Comments received will be submitted to Council and made a part of the record. 1 CLOSED SESSION
1A. Call Closed Session to Order
1B. Roll Call
1C. Public Comment (On Closed Session Item)
1D. Public Employment Pursuant to Government Code Section 54957. Position to be Filled: City Manager.
2 OPEN SESSION
2A. Call Open Session to Order
2B. Report from Closed Session
2C. Pledge of Allegiance
2D. Roll Call
2E. Approval of Agenda Order
Thisisthe time for changesto the agenda to be considered including removal, postponement, or change to the agenda sequence.

Recommended Action: By motion, accept the agenda as presented or amended. 2F. Statement of Conflict of Interest
1 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.

September 27, 2023
3 CONSENT CALENDAR
Matters on the Consent Calendar are routine in nature and will be approved by one blanket motion with a Council vote. No discussion of these items ensues unless specific items are pulled for discussion and separate action. If you wish to have an item pulled from the Consent Agenda for discussion, please notify the Mayor.

Recommended Action: Approve Consent Calendar
3A. Cash Summary – August 2023 (Page 5-11)
Recommendation: Accept and File.
3B. Quarterly Sales Tax Analysis – Quarter Ended June 30, 2023 (Page 12-14) Recommendation: Accept and File.
3C. Minutes (Page 15-17)
Recommendation: By Motion, approve the Colfax City Council minutes of 9/13/2023. 3D. Planning Services Contract Amendment – Ursu Consulting (Pages 18-19) Recommendation: Adopt Resolution__-2023 authorizing the City Manager to amend the existing contractor value with Ursu Consulting for Planning Services in the amount of $35,000. 3E. Rainbow Music Lease Renewal (Pages 20-22)
Recommendation: Authorize the City Manager to enter into a 1-year lease agreement with Rainbow Music for 99 Railroad Street Suite 4 with the bartering terms. 3F. SB 1383 CalRecycle Grant Application and Authorizing Resolution (Pages 23-24) Recommendation: Adopt Resolution__-2023 authorizing the City Manager/Interim City Manager to submit grant applications to CalRecycle Grant Programs from 2023-2028 and authorizing application for the 2023 Grant Cycle, an application for funds to offset local compliance costs associated with implementation of SB1383.
*** End of Consent Calendar ***
4 AGENCY REPORTS
4A. Placer County Sheriff’s Office
4B. California Highway Patrol
4C. Placer County Fire Department/CALFIRE
4D. Non-Profits
5 PRESENTATION
5A. Fred Abbot Railroad Days 2023 Appreciation
6 PUBLIC HEARING
2 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.

September 27, 2023
6A. Adoption of an Urgency Ordinance Amending Colfax Municipal Code Title 8 By Adding Chapter 8.34 Prohibiting Syringe Service Programs in the City of Colfax; Introduction and First Reading of an Ordinance of the City of Colfax Amending Colfax Municipal Code Title 8 By Adding Chapter 8.34 Prohibiting Syringe Service Programs in the City of Colfax (Pages 25-35) Recommendation: Introduce proposed Urgency Ordinance 553 and Ordinance 554 by title only.

Conduct a public hearing after which proposed Urgency Ordinance 553 can be adopted effective immediately. Waive the first reading of Ordinance 554 and continue for a second reading and possible adoption at the October 11, 2023, regular meeting. 6B. Introduction and waiver of the first reading of Ordinance 555 to update the Zoning Code (Pages 36-82)
Recommendation: Introduce the proposed ordinance by title only, waive the first reading and schedule the proposed ordinance for a second reading, public hearing and adoption at the next regular City Council meeting currently scheduled for October 11, 2023 to be effective 30 days after adoption.
7 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed five (5) minutes per speaker. Written comments should not exceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda.
8 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda.
8A. Committee Reports and Colfax InformationalItems – All Councilmembers 8B. City Operations Update – City Manager
9 COUNCIL BUSINESS (None)
Notice to the Public: City Council, when considering a matter scheduled for hearing, will take the following actions:

1. Presentation by Staff

2. Open the Public Hearing

3. Presentation, when applicable, by Applicant

4. Accept Public Testimony

5. When applicable, Applicant rebuttal period

6. Close Public Hearing (No public comment is taken, hearing is closed)

7. Council comments and questions

8. City Council Action
Public Hearings that are continued will be so noted. The continued Public Hearing will be listed on a subsequent council agenda and posting of that agenda will serve as notice. 3 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.

September 27, 2023
I, Marguerite Bailey, City Clerk for the City of Colfax, declare that this agenda was posted in accordance with the Brown Act at Colfax City Hall and Colfax Post Office. The agenda is also available on the City website at http://colfax-ca.gov/
Marguerite Bailey, City Clerk
Administrative Remedies must be exhausted prior to action being initiated in a court of law. If you challenge City Council action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice/agenda, or in written correspondence delivered to the City Clerk of the City of Colfax at, or prior to, said public hearing. 10 GOOD OF THE ORDER
Informal statements, observation reports and inquiries regarding the business of the City may be presented by Councilmembers under this agenda item or requests for placement of items of interest on a future agenda. No action will be taken.
10A. Public Comment on Good of the Order
Members of the public are permitted to address the Council on matters that relate to general welfare of the City that have not been previously discussed on this agenda. Oral comments may not exceed five (5) minutes. Written comments should not exceed 800 words.
11 ADJOURNMENT
4 City of Colfax Cash Summary – August 2023
Staff Report September 27, 2023
Staff Report to City Council
FOR THE SEPTEMBER 27, 2023 REGULAR CITY COUNCIL MEETING From: Mike Luken, Interim City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Cash Summary – August 2023
Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
The monthly financial report includes General Fund Reserved Cash Analysis Graphs and the City of Colfax Cash Summary Report (with supporting documentation). The purpose of these reports is to provide the status of funds and transparency for Council and the public regarding the financial transactions of the City. The reports are prepared monthly on a cash basis and are reconciled to the General Ledger accounting system, previous reports, and bank statements. Detailed budget comparisons are provided as a mid-year report and as part of the proposed budget process each year.

The attached reports reflect an overview of the financial transactions of the City of Colfax in August 2023. Some monthly highlights are listed below:
 August revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of June 2023 (twomonth lag).  August expenditures included:
o Approved capital project expenditures – expenditures on WWTP Construction Grant and other grant funded projects.
 Negative cash fund balances at the end of August are due to the timing of funding allocations and reimbursements:
o Fund 250 – Streets – Roads/Transportation. These expenses are funded by annual Transportation funding through Placer County Transportation Agency (PCTPA), City Gas Tax revenues, and a General Fund allocation. All allocations and transfers will be recorded with final fiscal year accounting process.
o Fund 358 – CDBG Road Rehabilitation. This is a reimbursable grant – the final funding of the grant is now in progress. CDBG has approved the start date of expenditures. Any unfunded expenditures would require allocation from other Funds. o Fund 367 – SB2 Planning Grant – this is a reimbursable grant. Reimbursement requests are submitted on a quarterly basis.
o Fund 376 – Downtown Streetscape – This project is primarily (89%) funded with grant funds on a reimbursement basis. Reimbursement requests are expected to be submitted on a quarterly basis.

The balance of funding (11%) will be a City General Fund match.

RECOMMENDED ACTION: Accept and File.

Item 3A5
City of Colfax Cash Summary – August 2023
Staff Report September 27, 2023
o Fund 378 – Zoning Code Update. This project is 100% funded with grant funds on a reimbursement basis. Reimbursement requests are expected to be submitted on a quarterly basis.

Reimbursement requests can be submitted monthly based on project activity. o Fund 575 – WWTP Construction Grant. This is a reimbursable grant. Reimbursement requests are scheduled to be submitted quarterly.
o Fund 577 – Capital Projects. This is the new project for the installation of a metal storage building at the Waste Water Treatment Plant. The project is slated to be funded by Fund 564 – Sewer Connection Fees. Funds to be transferred at project completion. o Fund 590 – Sewer Consolidation Planning Grant. This is a reimbursable grant – reimbursement requests are scheduled to be submitted quarterly.
 Anticipated revenues/expenditures for September include:
o Revenues
 Allocation for Sales Tax revenues reported/paid to the State for the month of July 2023 (two-month lag).
o Expenditures
 Approved capital project expenditures. We anticipate an increase in project expenditures.

Attachments:

1. General Fund Reserved Cash Analysis Graph

2. Cash Activity Reports
a. Cash Summary
b. Cash Transactions Report – by individual fund
c. Check Register Report - Accounts Payable
Item 3A6
Prev Yr Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Cash Balance FY2023-24 $3,911 $3,785 $3,829
Cash Balance FY2022-23 $3,418 $3,412 $3,568 $3,396 $3,451 $3,644 $3,560 $3,935 $4,039 $3,819 $3,765 $4,087 $3,911 Cash Balance FY2021-22 $2,857 $2,831 $2,953 $2,833 $2,943 $2,946 $2,794 $3,120 $3,088 $2,971 $3,004 $3,462 $3,418 Cash Balance FY2020-21 $2,311 $2,392 $2,497 $2,386 $2,402 $2,463 $2,393 $2,688 $2,760 $2,612 $2,771 $3,023 $2,857 Cash Balance FY2019-20 $2,013 $2,069 $2,169 $2,110 $2,170 $2,467 $2,373 $2,747 $2,730 $2,615 $2,627 $2,910 $2,311 *Reserves (Ops, Cap, Pen) $1,095 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 Budget FY2023-24 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
$4,500
City of Colfax - August 2023
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2023-24 >>
Item 3A7
Balance
07/31/23 Revenues In* Expenses Out* Transfers Balance 08/31/23 US Bank $ 159,567.61 $ 488,929.41 $ (711,214.84) $ 350,000.00 $ 287,282.18 LAIF $ 9,166,854.32 $ - $ - $ (350,000.00) $ 8,816,854.32 Total Cash - General Ledger 9,326,421.93 $ $ 488,929.41 $ (711,214.84) $ - 9,104,136.50 $ Petty Cash (In Safe) $ 300.00 $ 300.00
Total Cash $ 9,326,721.93 $ 488,929.41 $ (711,214.84) $ - 9,104,436.50 $ Change in Cash Account Balance - Total $ (222,285.43)
Attached Reports:

1. Cash Transactions Report (By Individual Fund)

2. Check Register Report (Accounts Payable) $ (556,992.00) Cash Receipts $ 234,975.92
Payroll Checks and Tax Deposits $ (92,706.78)
Utility Billings - Receipts $ 162,437.43
LAIF Interest $ -
Void CK - Reissued July Check $ 30,000.00
$ (222,285.43) $ -
*Does not include transfers between funds
Prepared by: Laurie Van Groningen, Finance Director
Laurie Van Groningen, Finance Director
Reviewed by: Mike Luken, Interim City Manager
Mike Luken, Interim City Manager
City of Colfax
Cash Summary
August 31, 2023
Item 3A8
Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 3,598,669.34 $ 167,875.19 $ (127,318.36) $ 3,639,226.17 Fund: 120 - Land Development Fees $ 177,268.83 $ 2,471.76 $ (168.75) $ 179,571.84 Fund: 200 - Cannabis Application $ 9,173.36 $ 1,086.91 $ - $ 10,260.27 Fund Type: 1.11 - General Fund - Unassigned $ 3,785,111.53 $ 171,433.86 $ (127,487.11) $ 3,829,058.28 Fund Type: 1.14 - General Fund - Restricted
Fund: 205 - Escrow Funds $ 39,737.00 $ - $ - $ 39,737.00 Fund: 571 - AB939 Landfill Diversion $ 23,317.26 $ - $ - $ 23,317.26 Fund: 572 - Landfill Post Closure Maintenance $ 818,719.90 $ 45,303.83 $ (7,460.55) $ 856,563.18 Fund Type: 1.14 - General Fund - Restricted $ 881,774.16 $ 45,303.83 $ (7,460.55) $ 919,617.44 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 210 - Mitigation Fees - Roads $ 144,711.37 $ - $ - $ 144,711.37 Fund: 211 - Mitigation Fees - Drainage $ 5,531.00 $ - $ - $ 5,531.00 Fund: 212 - Mitigation Fees - Trails $ 76,836.57 $ - $ - $ 76,836.57 Fund: 213 - Mitigation Fees - Parks/Rec $ 196,775.42 $ - $ (5,850.00) $ 190,925.42 Fund: 214 - Mitigation Fees - City Bldgs $ 103,799.12 $ - $ - $ 103,799.12 Fund: 215 - Mitigation Fees - Vehicles $ 22,669.55 $ - $ - $ 22,669.55 Fund: 217 - Mitigation Fees - DT Parking $ 44,378.69 $ - $ - $ 44,378.69 Fund: 218 - Support Law Enforcement $ - $ - $ - $ -
Fund: 244 - CDBG Program Inc - ME Lending $ - $ 500.00 $ - $ 500.00 Fund: 250 - Streets - Roads/Transportation $ (29,864.46) $ 32,532.38 $ (48,359.89) $ (45,691.97) Fund: 253 - Gas Taxes $ 4,940.92 $ 11,597.09 $ (1,392.94) $ 15,145.07 Fund: 257 - Street /Road - Transit Capital $ 47,904.50 $ - $ - $ 47,904.50 Fund: 258 - Road Maintenance - SB1/RSTBG $ 215,445.50 $ 3,895.72 $ - $ 219,341.22 Fund: 270 - Beverage Container Recycling $ 19,585.75 $ - $ - $ 19,585.75 Fund: 280 - Oil Recycling $ 3,861.88 $ - $ - $ 3,861.88 Fund: 290 - SB1383 Implementation Grant $ 20,686.58 $ - $ - $ 20,686.58 Fund: 292 - Fire Department Capital Funds $ 95,634.20 $ - $ - $ 95,634.20 Fund: 342 - Fire Construction - Mitigation $ 79,470.43 $ - $ - $ 79,470.43 Fund: 343 - Recreation Construction $ 79,470.91 $ - $ - $ 79,470.91 Fund: 367 - SB2 - Planning Grant $ (76,830.90) $ 44,762.63 $ (35,106.94) $ (67,175.21) Fund: 376 - Downtown Streetscape $ (31,683.28) $ - $ (20,670.67) $ (52,353.95) Fund: 378 - Zoning Code Update $ (4,863.28) $ 4,827.23 $ - $ (36.05) Fund Type: 1.24 - Special Rev Funds - Restricted$ 1,018,460.47 $ 98,115.05 $ (111,380.44) $ 1,005,195.08 Fund Type: 1.34 - Capital Projects - Restricted
Fund: 300 - GF Capital Projects $ - $ - $ - $ -
Fund: 358 - CDBG Pavement $ (92,621.34) $ - $ (68,713.58) $ (161,334.92) Fund Type: 1.34 - Capital Projects - Restricted $ (92,621.34) $ - $ (68,713.58) $ (161,334.92) Fund Type: 2.11 - Enterprise Funds
Fund: 560 - Sewer $ 1,725,627.96 $ 110,827.37 $ (111,064.03) $ 1,725,391.30 Fund: 561 - Sewer Liftstations $ 683,246.20 $ 17,753.25 $ (24,444.17) $ 676,555.28 Fund: 563 - Wastewater Treatment Plant $ 1,172,392.11 $ 45,184.50 $ (1,192.92) $ 1,216,383.69 Fund: 564 - Sewer Connections $ 321,774.88 $ - $ - $ 321,774.88 Fund: 575 - WWTP Construction Grant $ (166,854.63) $ - $ (259,472.04) $ (426,326.67) Fund: 577 - Capital Projects $ - $ - $ - $ -
Fund: 590 - Sewer Consolidation Planning $ (1,490.00) $ - $ - $ (1,490.00) Fund Type: 2.11 - Enterprise Funds - Unassigned$ 3,734,696.52 $ 173,765.12 $ (396,173.16) $ 3,512,288.48 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ (999.41) $ 311.55 $ - $ (687.86) Fund Type: 9.0 - CLEARING ACCOUNT $ (999.41) $ 311.55 $ - $ (687.86) Grand Totals: $ 9,326,421.93 $ 488,929.41 $ (711,214.84) $ 9,104,136.50 City of Colfax
Cash Transactions Report - August 2023
Item 3A9

CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
AP Checks - August 2023
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 10:33 am
Date: 09/05/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59687 08/09/23 Printed 01416 ALL ELECTRIC MOTORS, INC WWTP MOTOR RPR 4,131.48 59688 08/09/23 Printed 01448 AMERIGAS - COLFAX SHERIFF DEPT PROPANE 12.92 59689 08/09/23 Printed 01448 AMERIGAS - COLFAX FIRE DEPT PROPANE 12.86 59690 08/09/23 Printed 01766 AT&T MOBILITY CITY CELL PHONES 569.18 59691 08/09/23 Printed 02054 BANNER BANK WWTP I&I PROJ JULY 2023 15,910.50 59692 08/09/23 Printed 30025 BORROTO, DAVID 2023 BOOT ALLOWANCE 275.00 59693 08/09/23 Printed 8062 CATHERINE HANSFORD SEWER RATE STUDY JULY 2023 4,103.36 59694 08/09/23 Printed 3425 CINTAS UNIFORM SVCS JULY 2023 671.63 59695 08/09/23 Printed 3468 CIVICWELL DOWNTOWN STREETSCAPE JUNE 23 20,670.67 59696 08/09/23 Printed 3494 COLANTUONO, HIGHSMITH & LEGAL MATTER JULY 2023 3,230.96 CRANMER ENGINEERING, 299.00
INC.
59697 08/09/23 Printed 03650 GEOTRACKER
59698 08/09/23 Printed 04592 DACOMM WWTP INTERNET RPR 280.00 59699 08/09/23 Printed 04234 DE LAGE LANDEN FINANCIAL COPY MACH LEASE AUG 2023 472.79 GOLD MOUNTAIN 139.51

CALIFORNIA
59700 08/09/23 Printed 07460 ORDINANCE 549 PUBLIC NOTICE GOLD MOUNTAIN 338.32

CALIFORNIA
59701 08/09/23 Printed 07460 RATE STUDY RFP
GOLD MOUNTAIN 150.58

CALIFORNIA
59702 08/09/23 Printed 07460 ORD 532 PUBLIC NOTICE
59703 08/09/23 Printed 07570 GRAINGER WWTP SUPPLIES 19.15 59704 08/09/23 Printed 07570 GRAINGER WWTP FILTER 134.58 59705 08/09/23 Printed 08170 HILLS FLAT LUMBER CO SUPPLIES 783.68 59706 08/09/23 Printed 8501 HOLT RENEWABLES WWTP SOLAR PROJ JULY 2023 76,078.04 59707 08/09/23 Printed 08660 HUNT AND SONS, INC. FUEL 869.50 59708 08/09/23 Printed 12576 LUTZ, ANDREW 2023 BOOT ALLOWANCE 162.72 59709 08/09/23 Printed 13053 MAGMA CREATIVE, INC. SEWER SMART CAMPAIGN 1,200.00 59710 08/09/23 Printed 13239 MCGUIRE & HESTER I&I PROJECT JULY 2023 143,194.50 59711 08/09/23 Printed 013278 MNJ ADVISORS INC. INTERIM CITY MANAGER JULY 2023 16,327.05 59712 08/09/23 Printed 18400 NAPA AUTO PARTS SUPPLIES 58.81 NORTHERN CALIFORNIA 125.07
GLOVE
59713 08/09/23 Printed 14356 WWTP GLOVE/SUPPLIES
NORTHERN CALIFORNIA 92.47
GLOVE
59714 08/09/23 Printed 14356 PW SUPPLIES
PELLETREAU, ALDERSON & 13,304.38
CABRAL
59715 08/09/23 Printed 16011(2) LEGAL SVCS JULY 2023
PLACER COUNTY 832.00

ENVIRONMENTAL
59716 08/09/23 Printed 16165 LANDFILL MONITORING FY 22/23 59717 08/09/23 Printed 19037 SAFE SIDE SECURITY CORP YARD SECURITY AUG 2023 155.00 59718 08/09/23 Printed 19037 SAFE SIDE SECURITY WWTP SECURITY AUG 2023 95.00 59719 08/09/23 Printed 01790 SIERRA OFFICE PRODUCTS OFFICE SUPPLIES 166.99 59720 08/09/23 Printed 19396 SIERRA SAFETY COMPANY SIGNAGE 123.34 59721 08/09/23 Printed 19397 SIERRA SAW PW MOWER 559.83 59722 08/09/23 Printed 19474 SIMPSON & SIMPSON CANYON WAY PAVING 30,000.00 59723 08/09/23 Printed 1437 STICE, NATHAN EVENT DEPOSIT REFUND 100.00 59724 08/09/23 Printed 19743 WILLIAM STOCKWIN COLFAX CONN EDITING AUG 2023 300.00 US BANK CORPORATE PMT 2,687.43
SYSTEM
59725 08/09/23 Printed 21560 STMT 7/24/23
VAN GRONINGEN & 6,431.25

ASSOCIATES
59726 08/09/23 Printed 22106 FINANCIAL SVCS JULY 2023
59727 08/09/23 Printed 22134 VISION QUEST TECH SUPPORT SEPT 2023 3,800.00 59728 08/09/23 Printed 22135 VISTA COMPLETE CARE NEW HIRE PHYSICALS 340.00 59729 08/09/23 Printed 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.77 59731 08/15/23 Printed 03141 CALPERS GASB REPORTING FEE 700.00 59732 08/22/23 Printed 1161 49ER WATER SERVICES WWTP MONTHLY TESTING JUL 2023 4,263.00 ALHAMBRA & SIERRA 26.50

SPRINGS
59733 08/22/23 Printed 01414 WATER
59734 08/22/23 Printed 01416 ALL ELECTRIC MOTORS, INC WWTP PUMP MTR RPR 1,428.12 59735 08/22/23 Printed 01500 ANDERSON'S SIERRA WWTP PVC 56.68 59736 08/22/23 Printed 01500 ANDERSON'S SIERRA IRRIGATION SUPPLIES 262.97 Item 3A10

CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
AP Checks - August 2023
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 10:33 am
Date: 09/05/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
AQUA SIERRA CONTROLS 1,776.00
INC.
59737 08/22/23 Printed 01650 DIVERSION VALVE RPR
59738 08/22/23 Printed 4591 ASHLYNN SMITH DEPOT/CITY HALL CLEANING 225.00 59739 08/22/23 Printed 2819 BIG BRAND TIRE & SERVICE PW TIRE RPR 130.16 BUREAU VERITAS NORTH 5,400.00

AMERICA
59740 08/22/23 Printed 02901 BLDG OFFICIAL JULY 2023
CASH- PETTY CASH 12.87

REIMBURSEMENT
59741 08/22/23 Printed 03164 PETTY CASH REIMB
59742 08/22/23 Printed 03401 CHOICE BUILDER PREMIUMS SEPT 2023 702.28 59743 08/22/23 Printed 3475 CLARK PEST CONTROL PEST CONTROL 508.00 CRAWFORD & ASSOCIATES 540.00
INC.
59744 08/22/23 Printed 3652 CDBG ROAD REHAB GEOTECH JUL 59745 08/22/23 Printed 04592 DACOMM WWTP INTERNET 103.45 EOSI - ENVIRONMENT 2,202.65

OPERATING
59746 08/22/23 Printed 05221 WWTP CHEMICALS
59747 08/22/23 Printed 7798 G&T TRUCK REPAIR WHACKER ROLLER RPR 1,303.12 59748 08/22/23 Printed 14859 GHD INC. CDBG DESIGN JULY 2023 68,173.58 59749 08/22/23 Printed 07570 GRAINGER WWTP SUPPLIES 9.50 59750 08/22/23 Printed 07570 GRAINGER WWTP SUPPLIES 75.45 59751 08/22/23 Printed 07570 GRAINGER WWTP SUPPLIES 189.79 59752 08/22/23 Printed 07570 GRAINGER WWTP SUPPLIES 298.64 59753 08/22/23 Printed 07570 GRAINGER WWTP SUPPLIES 11.51 59754 08/22/23 Printed 07570 GRAINGER HOSE 193.50
HILL BROTHERS CHEMICAL 6,834.97
CO.
59755 08/22/23 Printed 08159 WWTP CHEMICALS
59756 08/22/23 Printed 8661 HYDROCOMPLIANCE SOLAR & I&I QSP SVCS 2,150.00 LAWRENCE & ASSOCIATES 2,027.50
INC
59757 08/22/23 Printed 12180 LANDFILL MONITORING JULY 2023 59758 08/22/23 Printed 16300 PCWA -PLACER COUNTY WATER 3,329.75 59759 08/22/23 Printed 16035 PG&E ELECTRICITY 25,178.95 59760 08/22/23 Printed 16052 PLACEWORKS GEN PLAN/HOUSING ELEM JULY 23 35,106.94 59761 08/22/23 Printed 16821 PSOMAS WWTP CONST MAN JUNE 2023 22,139.00 59762 08/22/23 Printed 16040 PURCHASE POWER POSTAGE REFILL 503.50 RARE EARTH LANDSCAPE 210.73

MATERIALS
59763 08/22/23 Printed 18111 MAIN ST/DEPOT BARK
59764 08/22/23 Printed 18200 RECREATION SCIENCE INC LIONS PARK SHADE COVER RPLC 5,850.00 SIERRA FOOTHILLS LITTLE 100.00
LEAGUE
59765 08/22/23 Printed 19387(2) EVENT DEPOSIT REFUND
59766 08/22/23 Printed 19397 SIERRA SAW CHAINSAW SHARPENING 51.61 59767 08/22/23 Printed 19397 SIERRA SAW CHAINSAW SHARPENING 52.09 VULCAN MATERIALS 203.41

COMPANY
59768 08/22/23 Printed 22240 ASPHALT
VULCAN MATERIALS 116.62

COMPANY
59769 08/22/23 Printed 22240 ASPHALT SUPPLIES
VULCAN MATERIALS 295.63

COMPANY
59770 08/22/23 Printed 22240 ASPHALT SUPPLIES
59771 08/22/23 Printed 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONE 214.87 59772 08/22/23 Printed 18883 WAXIE SANITARY SUPPLY CLEANING SUPPLIES 32.95 59773 08/22/23 Printed 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 382.95 59774 08/22/23 Printed 23301 WESTERN PLACER WASTE SLUDGE REMOVAL JULY 2023 1,443.14 59775 08/11/23 Printed 03141 CALPERS AUG HEALTH PREMIUMS 12,946.30 Total Checks: 88 Checks Total (excluding void checks): 556,992.00 Total Payments: 88 Bank Total (excluding void checks): 556,992.00 Total Payments: 88 Grand Total (excluding void checks): 556,992.00 Item 3A11
City of Colfax Quarterly Sales Tax Analysis
Staff Report September 27, 2023
Staff Report to City Council
FOR THE SEPTEMBER 27, 2023 REGULAR CITY COUNCIL MEETING From: Mike Luken, Interim City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Quarterly Sales Tax Analysis – Quarter Ended June 30, 2023 Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
City staff provides a quarterly report on Sales and Use Tax revenues as quarterly information is available. We have received the final Accounting for Sales and Use Tax revenues for the quarter ended June 30, 2023, which is the fourth and final quarter of fiscal year 2022-2023.

As reported in the chart below, sales tax revenues for the quarter ended June 30, 2023 decreased 22% as compared to the same quarter last year, and was 31% higher as compared to the previous quarter (03/31/2023). The increase to last quarter was due to approximately $100k in adjustments made in quarter ended 03/31/23 for corrections to previous allocations to the City.

Fiscal and Budget Impacts
The budget for the 2022-2023 fiscal year was forecasted at a conservative 3% growth over the 2021-2022 fiscal year budget and equated to 93% of the actual revenues received in the previous fiscal year. The 2022-2023 fiscal year ended just 3% higher than the budgeted amount.

Sales tax revenues are very difficult to predict. The budget for the current 2023-2024 fiscal year was also conservative and is just slightly lower (99.8%) than 2022-2023 actuals. It is our best estimate that this budget projection is still valid. Staff will continue to monitor and provide updates as additional information is available.

Attachments:

1. Graph – City of Colfax – Sales and Use Tax Revenues

2. Chart – City of Colfax – Sales and Use Tax Revenues History QE 09/30 QE 12/31 QE 03/31 QE 06/30
Total Fiscal
Year Actuals
Fiscal Year
Budget
Actuals as %
of Fiscal Year
Budget
Actuals to
Budget
Difference
Fiscal Year 2023-2024 -$ -$ -$ -$ -$ 1,336,734$ 0% (1,336,734) $ Fiscal Year 2022-2023 410,913$ 353,933$ 248,626$ 325,197$ 1,338,670$ 1,297,800$ 103% 40,870 $ Fiscal Year 2021-2022 300,458$ 298,414$ 378,914$ 414,444$ 1,392,230$ 1,260,000$ 110% 132,230 $ Fiscal Year 2020-2021 391,444$ 340,379$ 326,981$ 365,994$ 1,424,798$ 1,250,000$ 114% 174,798 $ Fiscal Year 2019-2020 457,737$ 320,975$ 370,903$ 374,688$ 1,524,302$ 1,450,000$ 105% 74,302 $ % Change - Previous Calendar Qtr -1% -14% -30% 31%
% Change - Same Qtr - Prev Year 37% 19% -34% -22% -4%
RECOMMENDED ACTION: Accept and File
Item 3B12
City of Colfax
Sales and Use Tax Revenues
(Actuals Through Quarter Ended 06/30/2023)
QE 09/30 QE 12/31 QE 03/31 QE 06/30
2022-2023 Budget $324,450 $324,450 $324,450 $324,450
2022-2023 $410,913 $353,933 $248,626 $325,197
2021-2022 $300,458 $298,414 $378,914 $414,444
2020-2021 $391,444 $340,379 $326,981 $365,994
2019-2020 $457,737 $320,975 $370,903 $374,688
2018-2019 $354,152 $353,870 $336,721 $356,865
$200,000
$240,000
$280,000
$320,000
$360,000
$400,000
$440,000
$480,000 Sales Tax by Quarter
FY 2022-2023--
Item 3B13
City of Colfax
Sales and Use Tax Revenues
Actuals Change % Change
1999-2000 $ 478,169
2000-2001 $ 484,801 $ 6,632 1%
2001-2002 $ 592,392 $ 107,591 22%
2002-2003 $ 581,749 $ (10,643) -2%
2003-2004 $ 601,276 $ 19,527 3%
2004-2005 $ 707,515 $ 106,239 18%
2005-2006 $ 749,583 $ 42,068 6%
2006-2007 $ 752,431 $ 2,848 0%
2007-2008 $ 648,989 $ (103,442) -14%
2008-2009 $ 540,051 $ (108,938) -17%
2009-2010 $ 538,549 $ (1,502) 0%
2010-2011 $ 551,953 $ 13,404 2%
2011-2012 $ 571,943 $ 19,990 4%
2012-2013 $ 706,828 $ 134,885 24%
2013-2014 $ 928,729 $ 221,901 31%
2014-2015 $ 956,342 $ 27,613 3%
2015-2016 * $ 1,104,357 $ 148,015 15%
2016-2017 $ 1,103,560 $ (797) 0%
2017-2018 $ 1,370,741 $ 267,181 24%
2018-2019 $ 1,401,608 $ 30,867 2%
2019-2020 $ 1,524,302 $ 122,694 9%
2020-2021 $ 1,424,789 $ (99,513) -7%
2021-2022 $ 1,392,230 $ (32,559) -2%
2022-2023 $ 1,338,670 $ (53,560) -4%
*Included true up and final adjustments related to the end of the decade old triple flip sales tax program which ended December 31, 2015 City of Colfax
Sales and Use Tax Revenue History
Item 3B14
Minutes 9/13/23
City Council Minutes
Regular Meeting of Colfax City Council
Wednesday, September 13, 2023
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 CLOSED SESSION
1A. Call Closed Session to Order – Closed Session was cancelled. 1B. Roll Call
1C. Public Comment (On Closed Session Item)
1D. Public Employment Pursuant to Government Code Section 54957. Position to be Filled: City Manager.
2 OPEN SESSION
2A. CallOpen Session to Order –Mayor Burruss called the Meeting to order at 6:00pm. 2B. Report from Closed Session – No Closed Session
2C. Pledge of Allegiance
2D. Roll Call

Present: Councilmember Lomen, Mayor Pro Tem Douglass, Councilmember Hillberg, Councilmember McCully and Mayor Burruss.
2E. Approval of Agenda Order
MOTION made by Councilmember Lomen and seconded by Councilmember McCully, and unanimously approved.
2F. Statement of Conflict of Interest – No conflicts were identified by the Council or the public.

CONSENT CALENDAR
3A. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 08/23/2023. 3B. Reimbursable Supplemental City Planning Services
Recommendation: Authorize the Interim City Manager to Execute an Agreement with MAS to provide Supplemental City Planning Services for Current Planning Project in an amount not to exceed $50,000.
***End of Consent Calendar***
Item 3C. pulled from the Consent Calendar by Mayor Burruss.

Approval of Items 3A and 3B
MOTION made by Councilmember Lomen and seconded by Councilmember Hillberg, and unanimously approved.
3C. Waive the second reading and adopt Ordinance 552 to allow the retail sale of adult use cannabis; Adopt Resolution 32-2023 authorizing the issuance of a commercial cannabis Retailer A-license to Golden State Patient Care.

Public comment provided by resident Suzanne Roberts who read a July 26th letter from the Placer County District Attorney which discussed risks for allowing the licensing. Melinda Neely spoke regarding her concerns about the dangers of cannabis usage. Tim Dion spoke about the positive effects that would come from allowing the licensing, such as taking away business from the black market.

Item 3C
15 Minutes 9/13/23
Diane Greene made comparisons of cannabis to alcohol. Tom Parnham expressed the need to regulate the industry.

MOTION made by Councilmember Hillberg and seconded by Councilmember McCully, and approved by the following vote:

AYES: Hillberg, McCully, Burruss
NOES: Douglass, Lomen
ABSTAIN:

ABSENT:
4 AGENCY REPORTS
4A. Placer County Sheriff’s Office – Sergeant Tchobanoff provided August statistics and stated that there had been a total of 173 calls for service in Colfax. He also spoke about a non-profit needle program that the Sheriff was opposed to. He said there would be extra staffing for the upcoming Railroad Days and that there is an increased traffic enforcement project underway. 4B. CHP – Public Information Officer Jason Lyman said that he would have a booth at Railroad Days and announced that there was emergency construction happening on I80 mostly occurring at night.

He also provided August statistics.
4C. Placer County Fire/CALFIRE – Placer County Fire/CALFIRE Assistant Chief Bob Counts provided an overview of August statistics and explained that new vegetation management programs would be rolled out. He described a planned broadcast burn behind the Waste Water Treatment Plan that would occur in late Fall. He also described the implementation of some lightning sensors. 4D. Non-Profits None.
5 PRESENTATION
Placer County Transportation Planning Agency (PCTPA) Current Planning and Outreach Efforts
Presentation By: Senior Transportation Planner, Mike Costa Recommendation: Receive the update.

PCTPA presented the item and spoke about a potential timeline in Colfax. Council discussed the update.
7 PUBLIC COMMENT
Nick Dion thanked the City’s response to mitigating a zoning violation/encampment problem on South Canyon Way. Tom Parnham spoke about putting up an arch near the Catholic church, he spoke in favor of electric charging stations being installed downtown. He also asked about the historic hotel status. Interim City Manager Luken explained that plan review comments were provided in January and the City was still trying to make contact with the owners. 8 COUNCIL AND STAFF
8A. Committee Reports and Colfax Informational Items – All Councilmembers. Councilmember Lomen said he was excited about the Wrecking Crew Cafe opening up on Main Street.

Councilmember Douglass spoke about attending a City County Dinner on the 31st and an impromptu community meeting with District Supervisor Gustafson. He said that news station KCRA recorded the inside of the train depot and would be promoting the Railroad Days event.

Councilmember Hillberg expressed excitement for upcoming Railroad Days and that Sierra Vista Center had good things coming. Councilmember McCully spoke positively about the meeting with the County Supervisor and community engagement. Mayor Burruss said she was excited about upcoming plans in the City that would be forthcoming soon. 8B. City Operations Update – Interim City Manager Mike Luken said that KCRA may also be reporting from Railroad Days over the weekend. He spoke about attending a workshop & ad hoc meeting regarding the Shady Glen annexation, applying for a planning grant for the project and the need for the city to participate in a mandatory
municipal service review to justify the existing sphere of influence. He said the CDBG roadway Item 3C
16 Minutes 9/13/23
project would likely go out to bid in November. There was also the possibility of applying for the reconstruction of Canyon Way under the CDBG Program. He described personally treating the road crew working on South Auburn Way and Canyon Way potholes baked goods from the Wrecking Crew Cafe to support Colfax’s local business.
9 COUNCIL BUSINESS (None)
10 GOOD OF THE ORDER
Councilmember Lomen thanked local restaurant Mi Ranchito for accommodating an after-service function for his family. Mayor Pro Tem Douglass spoke about the need for a downtown economic committee (there is a Historic Downtown Colfax Ad Hoc committee already in place).

Councilmember Hillberg said the City should focus on downtown and signage.

Councilmember McCully discussed how Placer County and other Cities within the County were addressing a problematic Non-Profit Needle Exchange Program and proposed an Urgency Ordinance be brought forward at the next regular meeting to give the City time to prepare an ordinance that better addresses local needs. Mayor Burruss asked about bringing forward an ordinance to address negligent truck fires along the I80 corridor and Councilmember Lomen suggested having an Emergency Services Ad Hoc Committee meeting to discuss more details.

City Attorney Mick Cabral said he was collaborating with the Placer County Counsel’s Office on viable methods too. Tim Dion provided public comment on the Good of the Order and expressed that the proposed needle program seemed dangerous for the community. 11 ADJOURNMENT
As there was no further business on the agenda, Mayor Burruss adjourned the meeting, by motion and without objection at 7:27pm. Respectfully submitted to City Council this 27th day of September, 2023.

Marguerite Bailey, City Clerk
Item 3C
17 City of Colfax Planning Services Contract AmendmentStaff Report September 27, 2023 Ursu Consulting Staff Report to City Council
FOR THE SEPTEMBER 27, 2023 CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Mike Luken, Interim City Manager
Subject: Planning Services Contract Amendment-Ursu Consulting Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $35,000 Fund(s): 100-450 Summary/Background
On January 13, 2021, the City of Colfax and Ursu Consulting entered into a professional services agreement for $270,021(12 hours per week) to provide planning services as the City Planner. This three-year agreement will terminate on December 31, 2023. The city received a substantial amount of grant funding from various state grants to conduct and update of the general plan, zoning ordinance and update development applications. These updates are nearing completion this Fall and the existing agreement with Ursu Consulting covered most of these services of preparing and supervising other consultants. An additional $35,000 for a total contract amount of $305,021 is needed to complete this work.

Fiscal Impact
Funds for this contract are paid from a number of state grants, development applications and permit fees, and the general fund.

Attachments:

1. Resolution __-2023
RECOMMENDED ACTION: Adopt Resolution __-2023 authorizing the Interim City Manager to execute a contract amendment with Ursu Consulting for city planning services in an amount not to exceed $35,000.

Item 3D
18 __________________________________________________________________________________________ City of Colfax Planning Services Contract AmendmentResolution __-2023 Ursu Consulting City of Colfax
City Council
Resolution № _____-2023

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH URSU CONSULTING FOR CITY PLANNING SERVICES IN AN AMOUNT NOT TO EXCEED $35,000 WHEREAS, the City Council approved an initial contract with Ursu Consulting on January 13, 2021, for three years to perform City Planning Services for Colfax; and WHEREAS, the City received substantial funding from the State of California to update the general plan, zoning code and planning applications requiring an unanticipated additional amount of time for Ursu Consulting and other consultants to prepare these updates.

NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the Interim City Manager to approve a contract amendment with URSU Consulting for City Planning Services for an additional $35,000 for a new contract amount not to exceed $305,021.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 27th Day of September 2023 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 3D
19 City of Colfax Rainbow Music Lease Renewal
Staff Report September 27, 2023
Staff Report to City Council
FOR THE SEPTEMBER 27, 2023 REGULAR CITY COUNCIL MEETING From: Mike Luken, Interim City Manager
Prepared by: Mike Luken, Interim City Manager
Subject: Rainbow Music Lease Renewal
Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
Rainbow Music located at 99 Railroad Street Suite 4 (Pullman Car) is a City of Colfax tenant currently on a month-to-month lease and is requesting a 1-year lease term with the ability to continue the rent reduction with in-kind building improvements.

The previous lease authorized by Council agreed to a rent amount of $500/month with the ability to reduce the rent by $150/month with a defined activity that qualifies as a credit for the rent reduction. Rainbow Music’s proposal included the replacement of custom-made windows in the railcar. The City’s property management company Foothills Property Management confirmed the windows will be finished as specified in the agreement.

Miscommunication on ordering the windows between the lessee and the prior Public Works Director prevented the windows from being replaced during the current lease term.

Due to the downturn in business climate in Downtown Colfax, staff believes that continuing the short term lease with Rainbow Music is prudent at this time as they perform the role of caretaker of the railcar while still trying to recover their lost clientele from the pandemic. Staff believes the barter request is equitable and should continue with the reduced rent request.

Fiscal Impacts
N/A
Attachments:

1. Rainbow Music Barter Proposal

2. Lease Agreement Extension
RECOMMENDED ACTION: Authorize the City Manager to enter into a 1-year lease agreement with Rainbow Music for 99 Railroad Street Suite 4 with the bartering terms.

Item 3E20
Rainbow Music Company
Railcar Window Repair Proposal
August 17, 2023

1. Rear side of Railcar: – 22 Windows in total
a. 17 – Replaced as of July 13, 2023
b. 5 - Still need to be replaced.

2. Front side of Railcar: 21 Windows in total
a. 13 – Replaced as of July 13, 2023
b. 4 – Have been Repaired in place
c. 3 – Still need to be replaced
d. 1 – Blocked out window (plywood) – Still needs to be replaced

3. Total of 9 Windows left to be installed. All windows have been made.

The City of Colfax to consider another year lease beginning September 1, 2023. Tenant’s proposal is to keep rent and barter agreement as previously agreed to in prior lease agreement. • Rent: $500 per month less <$150.00> barter per month = $350.00 monthly rent Tenants to install the last 9 windows by October 31, 2023.

Item 3E21
DocuSign Envelope ID: 2EE6FED8-AFDD-4F64-8A92-80F9C678600D ,f� CALI FORNI A
-� � ASSOCIATION
OF REALTORS ®

EXTENSION OF LEASE
(C.A.R. Form EL, Revised 12/19)
The following terms. and conditions are hereby incorporated in and made a part of the Residential Lease Dother _________________________________
("Lease"),
dated ____ M_a_y_1_9�, 2_0_2_1 ____ , on property known as -------'C='=·ty�o=-fC=o=lfax=-'---'"R'-'=a,:.:..·Ic=a=r-" ____ _ _______________ C"""o""'l""'fa=xCL...CCC-'--A'---"-95=7'--1"""3 _______________ ("Premises"), in which __________ Ro�--'b_B_ o�_n _ner.�1� _C_h_r,--'ist�_in_e'--B�o _n _ner _ __________ is referred to as ("Tenant") and Foothill Prop erties is referred to as ("Landlord").

Note to Landlord: If the Premises are subject to any rent increase cap under any state or local law, Landlord is strongly advised to seek counsel from a qualified California real estate lawyer, who is familiar with the law where the property is located, prior to using this form to modify any of the existing terms of the Lease.

The terms of the tenancy are changed as follows. Unless otherwise provided, the change shall take effect on the date the Lease was scheduled to terminate.

1. EXTENSION OF TERM: The scheduled termination date is extended to ___ S=-e=--p=t=em=b=e=-r-=-30=•-=2=-=0-=2-=-4 __ (Date).

2. Rent shall be$ As per Comm Lease Agrmt 5119121 per month.

3. Security deposit shall be increased by $ ----------------

4. D Rent Cap and Just Cause Addendum (C.A.R. Form RCJC) is attached and incorporated into the Lease.

5. ADDITIONAL TERMS: 30

1. Commercial Lease Agreement dated May 19, 2021 is exte nded to September f, 2024. Window replaceme nt completion to be as per Rainbow Music Company Proposal dated August 17, 2023. All other terms remain the same.

By signing below, Tenant and Landlord acknowledge that each has read, understands, and received a copy of and agrees to the terms of this Extension of Lease.
(";OocuSlgned by:

Tenant V:""k'-'-"'(;o""1,1.""'JA""1..._,r ______________________ _ rtL�A:497
Tenant �Qf,(iffesienn
sli!M-bbw.urer
Landlord G-:::;:� �9M!Mff.i9)jrt,es
Date 9/14/2023
Date 9/14/2023
Date 9/13/2023
Landlord __________________________ _ Date _________ _
© 2019, California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, induding facsimile or computerized formats.

THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership marl< which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics.
[] Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/AT/ON OF REAL TORS® . 525 South Virgil Avenue, Los Angeles, California 90020 EL REVISED 12/19 (PAGE 1 OF 1)
I Reviewed by
EXTENSION OF LEASE EL PAGE 1 OF 1
Date
Foothill Properties, 204 S. Auburn Street/PO B01 1531 Colfa1 CA 95713 Phone: (530).146-9191 Fax: (530).146-9797 Tami Hampshire Produced_ with Lone Woff Transactions (zipFonn Edition) 717 N Harwood SI, Suite 2200, Dallas, TX 75201 www lwott com Railcar - Railroad
Item 3E22
City of Colfax SB 1383 CalRecycle Grant Application
Staff Report September 27, 2023 and Authorizing Resolution Staff Report to City Council
FOR THE SEPTEMBER 27, 2023 REGULAR CITY COUNCIL MEETING From: Mike Luken, Interim City Manager
Prepared by: Mike Luken, Interim City Manager
Subject: SB 1383 CalRecycle Grant Application and Authorizing Resolution Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
CalRecycle periodically makes grant funding available to cities to fund recycling programs in a community or to offset the local costs of implementation of existing programs required by CalRecycle. CalRecycle is requiring jurisdictions to utilize a new format of resolution authorizing their chief executive to apply for funds as they become available. The attached resolution would satisfy the new requirement and authorize staff to submit grant applications through 2028. However, staff will notify the Council whenever these funding programs become available and calendar them for Council concurrence if warranted.

Currently CalRecycle is opening its Local Assistance Grant Program to offset local jurisdiction’s costs for implementation of SB1383. Colfax has applied for and received funding in the past for this program. Colfax is eligible and likely to receive $75,000 this year for this grant program.

Fiscal Impacts
N/A
Attachments:

1. Resolution __-2023
RECOMMENDED ACTION: Adopt Resolution __-2023 authorizing the City Manager/Interim City Manager to submit grant applications to CalRecycle Grant Programs from 2023-2028 and authorizing application for the 2023 Grant Cycle, an application for funds to offset local compliance costs associated with implementation of SB1383.

Item 3F
23 __________________________________________________________________________________________ City of Colfax Individual Applicant –
Resolution __-2023 All CalRecycle Grants
City of Colfax
City Council
Resolution № __-2023

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH

COLFAX IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW THEREFORE, BE IT RESOLVED that the City Council authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Colfax is eligible; and BE IT FURTHER RESOLVED that the City Manager/Interim City Manager, is hereby authorized and empowered to execute in the name of the City of Colfax all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 27th Day of September 2023 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 3F
24 t
City of Colfax Ordinance Prohibiting Syringe
Staff Report September 27, 2023 Service Programs in Colfax Staff Report to City Council
FOR THE SEPTEMBER 27, 2023, REGULAR CITY COUNCIL MEETING From: Mike Luken, Interim City Manager
Prepared by: Mike Luken, Interim City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Adoption of an Urgency Ordinance Amending Colfax Municipal Code Title 8 By Adding Chapter 8.34 Prohibiting Syringe Service Programs in the City of Colfax; Introduction and First Reading of an Ordinance of the City of Colfax Amending Colfax Municipal Code Title 8 By Adding Chapter 8.34 Prohibiting Syringe Service Programs in the City of Colfax
Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary
The proposed ordinance, if adopted, will prohibit syringe service programs in Colfax.

Two actions are proposed, which can be handled in a single motion:
1, Adopt the urgency ordinance amending Colfax Municipal Code Title 8 by adding Chapter 8.34 prohibiting syringe service programs in the City of Colfax; and

2. Introduction and waiver of the first reading of an Ordinance of the City of Colfax Amending Colfax Municipal Code Title 8 by adding Chapter 8.34 prohibiting syringe service programs in the City of Colfax.

These actions are somewhat redundant, but both are necessary. Urgency ordinances take effect immediately with only one reading before adoption. The urgency ordinance will be invalid if the Council’ urgency finding is successfully challenged in court. The safest practice, therefore, is to adopt a nonurgency ordinance that is identical in substance as a backup to the urgency ordinance. By doing so, if the urgency ordinance is successfully challenged, the nonurgency version of the ordinance will already have taken effect and only the interval before the effective date of the nonurgency ordinance will be at risk.

Background
The California Department of Public Health (CDPH) is authorized by California Health and Safety Code section 121349 et seq. to approve syringe service programs, also referred to as syringe exchange programs, to provide sterile syringes and collect used syringes for people who inject drugs. A syringe service program may be authorized to operate by a county, city government, or the CDPH. According to the CDPH, there are more than fifty such programs operating in California.

RECOMMENDED ACTION: Introduce proposed Urgency Ordinance 553 and Ordinance 554 by title only. Conduct a public hearing after which proposed Urgency Ordinance 553 can be adopted effective immediately. Waive the first reading of Ordinance 554 and continue for a second reading and possible adoption at the October 11, 2023, regular meeting
25 t
City of Colfax Ordinance Prohibiting Syringe
Staff Report September 27, 2023 Service Programs in Colfax In July 2023, an application for a needle exchange and distribution program, also known as a syringe services program, was submitted to CDPH by Safer Alternatives though Networking & Education (SANE). The program offers home delivery and pickup of needles the same or next business day. SANE estimates that it will distribute 200,000 syringes annually to areas of Placer County. The syringes will go to an expected 400 participants, with as many as 500 syringes per participant. CDPH determined SANE’s application met the baseline requirements and circulated the application for public comment.

The public comment period closed on September 21, 2023, and CDPH is expected to issue a decision on the application any time after the close of the public comment.

Although State law requires that used syringes be transported to a collection center in containers and prohibits the loose disposal of home-generated syringe waste in trash or recycling containers, people continue to dispose of contaminated syringes in ways that increase the risk that others will encounter them. Syringe and needle waste represents a potential public health hazard for children, adults, and public employees through unnecessary exposure and risk of injury due to improper disposal of syringes.

Improper disposal of used hypodermic syringes and needles has been documented in parks, roads, sidewalks, trails, and private property.

Licensed pharmacies throughout California are authorized to sell syringes to adults without a prescription with no limits on the number of syringes that may be sold. California law allows adults to purchase and possess an unlimited number of syringes for personal use when acquired from a pharmacy, physician, or authorized syringe services program. Residents who require syringe exchange services for medical purposes are currently able to acquire those services at pharmacies and hospitals, which provide new syringes and the proper disposal of used syringes. The proposed ordinances will not change that in any respect.

The immediate risk to Colfax, and a primary basis for the urgency ordinance, is that CDPH can approve SANE’s application and authorize syringe services programs to operate in Colfax which currently has no regulatory process in place. The urgency ordinance will create an immediate prohibition on syringe service programs in Colfax because it will become effective immediately upon adoption. The nonurgency version of the prohibition will take effect 30 days after it is adopted. Adopting both ordinances will create a prohibition on syringe service programs effective immediately. The urgency ordinance will remain in effect until its nonurgency counterpart is adopted.

California Government Code section 36937(b) authorizes the City Council to adopt by a four- fifths vote an urgency ordinance for the immediate preservation of the public peace, health, or safety. It also has broad power under Government Code Section 37100 and California Constitution Article XI, Section 7 to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents. Placer County and the cities of Auburn and Rocklin have already adopted similar ordinances. Other cities are expected to do so as well.

Staff will be available to answer any questions.

Fiscal Impacts
Unknown at this time.

Attachments:

1. Proposed Ordinances
26 CITY OF COLFAX
ORDINANCE NO. 553

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL
CODE TITLE 8 BY ADDING CHAPTER 8.34 PROHIBITING

SYRINGE SERVICE PROGRAMS IN THE CITY OF COLFAX
The City Council of the City of Colfax does ordain as follows:

Section 1:

Title 8 of the Colfax Municipal Code is hereby amended by adding Chapter 8.34 as set forth in Exhibit A attached hereto and by this reference incorporated herein.

Section 2. Superceding Provisions
The provisions of this ordinance and any resolution adopted pursuant hereto shall supersede any previous ordinance or resolution to the extent the same is in conflict herewith.

Section 3. Severability
If any section, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the invalid or unconstitutional portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.

Section 4. Urgency Ordinance Effective Date
Surrounding cities and counties have adopted restrictions and, in some cases, bans on syringe service programs. If further action is not taken, it is likely that Colfax will encounter syringe service programs in locations which conflict with the provisions of this Ordinance and operate in manners which create public nuisance to the community and its residents. There is an immediate need to preserve the public peace, health, and safety of Colfax residents by regulating and addressing the public nuisances associated with syringe service programs. Moreover, if immediate action is not taken, the State may authorize one or more syringe service programs to operate in Colfax and diminish or preclude the City’s ability to retain and/or exercise local control of syringe service programs. Therefore, this is an urgency ordinance and will take effect immediately upon its passage and remain in effect until a subsequent ordinance addressing the same subject matter becomes effective.

Section 5. California Environmental Quality Act Findings The City of Colfax finds that, if the provisions of the California Environmental Quality Act, Public Resources Code §21000 et seq (hereinafter "CEQA") apply, the title of this ordinance would constitute a brief description of the "Project" as required by Section 15062(a)(1) of the Guidelines for Implementation of the California Environmental Quality Act published by the State of California Office of Planning and Research (hereinafter the "CEQA Guidelines").

FINDING OF NO PROJECT
The City of Colfax finds that adoption of this ordinance does not constitute a "Project" as that term is defined by or used in CEQA, the CEQA Guidelines or any court of attorney general opinion construing the same. Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.

Item 6A27

FINDING OF EXEMPTION
In the event that it is found that the said action constitutes a "Project" as defined by or used in CEQA or the CEQA Guidelines, which finding would be contrary to the City’s opinion of its action, the City of Colfax hereby finds that said action is exempt from compliance with CEQA and the CEQA Guidelines, for the following reasons: The action falls within the “common sense” CEQA exemption provided in 14 CCR 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the action is not subject to CEQA. CEQA Guidelines, Section 15061(b)(3). It can be seen with certainty that adoption of this ordinance and its provisions cannot possibly have a significant effect on the environment.

This ordinance shall, within 15 days after its adoption, be published or posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it.

The foregoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Colfax held on the 27th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:
______________________________
Trinity Burruss
Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Alfred Cabral Marguerite Bailey
City Attorney City Clerk
Item 6A28

EXHIBIT A

CITY OF COLFAX
ORDINANCE NO. 553

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL
CODE TITLE 8 BY ADDING CHAPTER 8.34 PROHIBITING

SYRINGE SERVICE PROGRAMS IN THE CITY OF COLFAX
================================================================== WHEREAS, an application for a syringe services program was submitted by Safer Alternatives though Networking & Education (SANE) to the California Department of Public Health (CDPH) on or around July 31, 2023 that seeks to collect and provide syringe distribution through home delivery and pickup within Placer County; and WHEREAS, CDPH determined the application met the baseline requirements in Health and Safety Code section 121349, the public comment period for the application closes on September 21, 2023, and CDPH is expected to issue a decision on the application any time thereafter; and
WHEREAS, according to CDPH, there are more than fifty syringe services programs as defined in California Health and Safety Code Section 121349 et seq., operating in California that provide sterile syringes to, and collect used syringes from, people who inject drugs; and WHEREAS, California Health and Safety Code Section 121349 et seq., provides that a syringe services programs may be authorized to operate by a county, city government, or the CDPH, after compliance with all applicable statutory notice and consultation requirements; and WHEREAS, CDPH has not consulted with the City of Colfax regarding the establishment of a syringe services program within City limits; and
WHEREAS, California law allows adults to purchase and possess an unlimited number of syringes for personal use when acquired from a pharmacy, physician, or authorized syringe services program; and
WHEREAS, improper collection and disposal of used hypodermic needles and syringes presents an imminent threat to the health, property, safety, and welfare of the public; and WHEREAS, although State law requires proper collection and disposal of used syringes and prohibits the loose disposal of home-generated syringe waste in trash or recycling containers, used and contaminated syringes continue to be improperly disposed of, thereby increasing the risk that others will come into contact with them; and
WHEREAS, improper disposal of used hypodermic syringes and needles has been documented in parks, roads, sidewalks, trails and private property in and around the City of Colfax; and Item 6A29
WHEREAS, syringe and needle waste represents a potential public health hazard for children, adults, visitors, members of the public, and public employees and contractors and consultants; and
WHEREAS, the City’s police power, as granted under Article XI, Section 7 of the California Constitution and Government Code Section 37100 authorizes the City Council to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and
WHEREAS, no provision of the Colfax Municipal Code specifically addresses syringe services programs; and
WHEREAS, California law does not require the City to authorize the establishment and/or operation of syringe services programs and does not allow syringe services programs to operate within the City in contravention of valid City ordinances; and WHEREAS, the Colfax City Council has determined to exercise its constitutional, statutory, and legislative authority to enact this urgency ordinance to preclude syringe services programs and related activities to operate within City limits; and WHEREAS, the City Council finds that passage of this Ordinance is required for the immediate preservation of the public peace, health, and safety. Specifically, the City Council finds this Urgency Ordinance is necessary to preserve the public peace, health, and safety for the following reasons: (1) to prevent hypodermic needle litter, provision of drug paraphernalia to minors, and criminal behavior dangerous to the health, safety, and welfare of the City’s residents and businesses; (2) absent the adoption of this Ordinance, the allowance of a syringe services program in the City is expected to result in an increase in nuisance conditions negatively affecting the well-being of the community, thereby diminishing property values and introducing incompatible land uses to existing neighborhoods or in close proximity thereto; and (3) the establishment of a syringe services program in the City will increase the burden upon City services due to enforcement of the established standards and regulations relating to syringe services programs; and
WHEREAS, the recitals and statements of fact set forth above are true and correct, constitute a substantive part of this ordinance, and are incorporated into this ordinance by this reference.

Based on those facts, the City finds, determines and declares that this ordinance is necessary as an urgency measure for the immediate preservation of the public peace, health and safety within the City.

NOW, THEREFORE, THE CITY OF COLFAX DOES ORDAIN AS FOLLOWS:

Title 8 of the Colfax Municipal Code is hereby amended by adding Chapter 8.34 as follows:

Chapter 8.34. Syringe Services Programs.

8.34.10 Purpose and Intent.

Item 6A30
The purpose and intent of this Chapter is to prohibit syringe service programs from operating in the City of Colfax in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this section, “Syringe service program” means a program authorized but not required to be permitted under California Health and Safety Code Division 105, Part 4, Chapter 18, operating within the jurisdictional boundaries of the City of Colfax that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, as amended, replaced or succeeded, such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.

8.34.20 Syringe Service Programs Prohibited.

It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate within the City in a needle exchange program, as defined by Health and Safety Code Section 121349, et seq, and any syringe service program as defined.

8.34.30 Penalty.

Any violation of this section may be enforced by the City, the Placer County Sheriff’s office, or an enforcement officer in accordance with the procedures set forth in this Code, relating to the issuance of citations, imposition of administrative fines and penalties in accordance with Chapters 1.24 and 1.25 of this Code, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fines, in addition to any other legal or equitable enforcement remedy available under law, statute, regulation, and this Code.

The foregoing urgency ordinance was introduced and adopted at a regular meeting of the City Council of the City of Colfax held on the 27th day of September 2023 by the following vote:

AYES:

NOES:

CITY OF COLFAX
ORDINANCE NO. 554

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL
CODE TITLE 8 BY ADDING CHAPTER 8.34 PROHIBITING

SYRINGE SERVICE PROGRAMS IN THE CITY OF COLFAX
The City Council of the City of Colfax does ordain as follows:

Section 1:

Title 8 of the Colfax Municipal Code is hereby amended by adding Chapter 8.34 as set forth in Exhibit A attached hereto and by this reference incorporated herein.

Section 4. California Environmental Quality Act Findings The City of Colfax finds that, if the provisions of the California Environmental Quality Act, Public Resources Code §21000 et seq (hereinafter "CEQA") apply, the title of this ordinance would constitute a brief description of the "Project" as required by Section 15062(a)(1) of the Guidelines for Implementation of the California Environmental Quality Act published by the State of California Office of Planning and Research (hereinafter the "CEQA Guidelines").

Item 6A32
This ordinance shall, within 15 days after its adoption, be published or posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it.

The foregoing ordinance was introduced at a duly held regular meeting of the City Council of the City of Colfax on the 27th day of September 2023 and passed and adopted at a duly held regular meeting of the City Council on the 11th day of October 2023, by the following vote:

AYES:

NOES:

CITY OF COLFAX
ORDINANCE NO. 554

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL
CODE TITLE 8 BY ADDING CHAPTER 8.34 PROHIBITING

SYRINGE SERVICE PROGRAMS IN THE CITY OF COLFAX
================================================================== THE CITY COUNCIL OF THE CITY OF COLFAX DOES ORDAIN AS FOLLOWS:

Title 8 of the Colfax Municipal Code is hereby amended by adding Chapter 8.34 as follows:

Chapter 8.34. Syringe Services Programs.

8.34.10 Purpose and Intent.

The purpose and intent of this Chapter is to prohibit syringe service programs from operating in the City of Colfax in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this section, “Syringe service program” means a program authorized but not required to be permitted under California Health and Safety Code Division 105, Part 4, Chapter 18, operating within the jurisdictional boundaries of the City of Colfax that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, as amended, replaced or succeeded, such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.

8.34.20 Syringe Service Programs Prohibited.

8.34.30 Penalty.

Item 6A34
The foregoing ordinance was introduced at a duly held regular meeting of the City Council of the City of Colfax on the 27th day of September 2023 and passed and adopted at a duly held regular meeting of the City Council on the 11th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:
______________________________
Trinity Burruss,
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Alfred A. Cabral Marguerite Bailey,
City Attorney City Clerk
Item 6A35
City of Colfax Ordinance Updating Zoning Code
Staff Report September 27, 2023
Staff Report to City Council
FOR THE SEPTEMBER 27, 2023 REGULAR CITY COUNCIL MEETING From: Michael Luken, Interim City Manager
Prepared by: Emmanuel Ursu, Planning Director
Subject: Introduction and waiver of the first reading of Ordinance 555 to update the Zoning Code.

Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $40,000 Fund(s): REAP-2 Summary/Background
Changes to the City Zoning Code are proposed to comply with changes to state housing law and state density bonus law; to reflect updates to the general plan; and to add clarity to the development standards, to correct typographical errors, and internal inconsistencies. This effort is focused on housing-related standards of the zoning code and is funded by the State through phase 2 of the Regional Early Action Planning grant program (REAP-2). REAP-2 is a program intended to assist local governments with the preparation and adoption of planning documents, and process improvements that accelerate housing production and facilitate compliance with implementation of the sixth-cycle regional housing needs assessment.

At its August 23, 2023 meeting, staff presented an outline of the proposed changes to the Zoning Code and the City Council directed staff to present an ordinance for City Council consideration.

Discussion
Changes to the zoning code in the order in which they appear in the code are summarized in the chart in Attachment A and can generally grouped in three categories as follows:

1. Accessory Dwelling Units (ADUs) - Changes to the Colfax Zoning Code are necessary to comply with state laws enacted to encourage the development of ADUs.

2. Updates to reflect changes to the General Plan – With the pending adoption of the General Plan update, changes to the Zoning Code are necessary. Changes to the Zoning Map for the new mixed use zones will be presented at the same time the General Plan update is presented for adoption in late November or early December 2023.

3. Clean up of the Zoning Code – Edits of the Zoning Code are proposed to add clarity to the development standards, remove redundant or obsolete code sections, and correct typographical errors and incorrect references. In addition, the ordinance includes clean up of the Density Bonus Chapter to make it consistent with changes in state law.

Attachments:

1. Summary of Proposed Zoning Code amendments

2. Draft Ordinance
RECOMMENDED ACTION: Introduce the proposed ordinance by title only, waive the first reading and schedule the proposed ordinance for a second reading, public hearing and adoption at the next regular City Council meeting currently scheduled for October 11, 2023, to be effective 30 days after adoption.

Item 6B
36 Summary of Colfax Zoning Code Updates in Ordinance 555 CMC Sec�on Subject Proposed Change Discussion/Ra�onale
1 17.12.030 Defini�ons Remove terms defined but not used in the code. Terms defined in the “Defini�ons” sec�on of the code yet do not appear elsewhere in the
Zoning Code are removed from the defini�on
sec�on.
2 17.12.030 Defini�ons Add Accessory Dwelling Unit (ADU) and Junior (ADU) to the list of defined terms,
ADU/JADU is added to comply with state law
3 17.12.030 Defini�ons Modify “Mul�ple Dwelling” to include two or more units, and remove “Two-family or duplex
Dwelling” defini�on
Currently “two family or duplex dwellings”
are allowed in the R-1-20 and R-1-40 zones.

With the new state ADU requirements, up to
three units (Primary, ADU and Junior ADU)
can be constructed in all residen�al zones.

Keeping the “two -family or duplex dwelling”
standard would allow up to four units on
proper�es in the R-1-20 and R-1-40 zones.
4 17.16.010 List of zoning
districts
Update to remove Agriculture and add MU-1
and MU-2
With rezoning of APN 101-150-022, there is
no agricultural zone in the City and the
Commercial/Residen�al district is divided
into two zones named Mixed Use -1 and
Mixed Use-2.
5 17.32.010(C) Design Review
Permit (DRP)
Clarify DRP requirements for residen�al
development
The code requires residen�al design review
for significant buildings as described in

17.200 and for residen�al subdivisions in

17.40.070(I). This sec�on is clarified for
internal consistency.
6 17.32.010(G, H, &
I)
Permit
requirements –
approval authority
Correct approval authority for legisla�ve
changes (planned developments, general plan
amendments, and rezoning.

The code incorrectly assigns legisla�ve acts
to the Planning Commission. Changed to
require City Council approval.
7 17.36.150(B) Effectua�on date of
modifica�ons
Correct typographical error to wrong code
reference.

Incorrect code reference
8 17.36.210 Extensions Correct typographical error to wrong code reference.

Incorrect code reference
Item 6B37
CMC Sec�on Subject Proposed Change Discussion/Ra�onale
9 17.40.070(B) Design Review
Findings
Replace “…allows beneficial use…” with
“…balances reasonable use…”
Allowed land uses are determined in the list
of allowed or condi�onally allowed uses, not
through design review.
10 17.40.070(D)(3) Sign Permit
Standards
Remove redundant “safety” standard Safety standard is included in the preceding Sign Permit standard.
11 17.40.070(H)(3)(B) Findings for
Planned
Development
Permit
Change from one year to two years the start of
construc�on
Revise to make consistent with the length of
�me that all other discre�onary approvals
are valid.
12 17.48.010 Development
Agreements
Add closing parenthesis Typographical error correc�on
13 17.64.030 Lis�ng of use
classifica�ons
Remove the en�re sec�on The list of uses is redundant as it is included in the following sec�ons (17.64.060 through
110)
14 17.64.060(A-C) Agriculture and
Open space use
types
Remove agricultural use types With rezoning of APN 101-150-022, there is no Agricultural zoning in the City
15 17.64.070(A) Civic use types Replace “places or worship” with “places of worship”
Correct typographical error
16 17.64.080 Residen�al Use
Types
Add Accessory Dwelling Unit and Junior
Accessory Dwelling Unit to the alphabe�cal list
of residen�al use types and re-leter use types
in the list
Meet requirements of state law
17 17.64.080 Residen�al Use
Types
Remove “Second dwelling unit” from the
alphabe�cal list of residen�al use types and releter use types in the list “Second dwelling unit” is replaced by the
“accessory dwelling unit” and “junior
accessory dwelling” unit types.
18 17.68.010(A) Open Space, Special
Public Service
District and
Agricultural Zones
Remove reference to Agricultural Zone from
Chapter �tle and subsec�on A and correct
inconsistency in the name of Special Public
Service District which is also referred to as the
Civic District.

With rezoning of APN 101-150-022, there is
no agricultural zoning in the City and the
Civic District zoning is a clearer reference
than SPSD.
19 17.68.010(C) SPSD District
Purpose
Change reverence from SPSD to CD. Change the name of the district Item 6B38
CMC Sec�on Subject Proposed Change Discussion/Ra�onale
20 17.68.020 Open Space, Civic,
and Agricultural
Zone Districts
Remove Agricultural from the chart of
permited use types
With rezoning of APN 101-150-022, there is
no agricultural zoning in the City.
21 17.68.040 Agricultural district
development
standard
Remove the sec�on With rezoning of APN 101-150-022, there is no agricultural zoning in the City
22 17.72.010(A) and
(B)
Residen�al Zones
Purpose
Clarify the purpose of the mul�-family zones Include for-sale housing types in the statement of the purpose of the mul�-family
zones. Currently only apartments are
included.
23 17.72.020 Residen�al zone
district permited
uses chart
Update the list of uses allowed in the residen�al
zones.

To comply with state law, added ADU, JADU,
and Suppor�ve and Transi�onal Housing.

Removed Two-family Dwelling, and Second
Dwelling Unit.
24 17.72.030 Residen�al zone
development
standards
Include minimum parcel sizes, residen�al
density and front and side yard setbacks for RM1 and R-M-2 zones Provide clarity regarding the applicable
development standards.
25 Chapter 17.74 Mixed Use Zones Create use and development standards for the Mixed Use-1 and Mixed Use-2 zones.

Implementa�on of the Mixed use zones will
occur with future adop�on of revised zoning
map.

Implement the new General Plan Land Use
designa�on In the MU-1 allow only retail,
restaurant and other uses on the ground
floor street frontage to ac�vate the
pedestrian experience. In the MU-2 allow a
mix of residen�al and commercial uses, with
loca�on criteria for uses that poten�al
conflict with residen�al uses.
26 Chapter 17.76 Commercial zones Amend the chart of commercial uses in the Commercial Highway (C-H) and Commercial
Retail (C-R) zones to permit ADUs, lodging
(hotels and motels), and funeral and interment
services, require a condi�onal use permit (CUP)
for self-service storage facili�es in the C-H
district and prohibit them in the C-R district,
allow storage facili�es for recrea�onal vehicles
and large vehicles subject to a CUP in the C-H
district and remove the CUP requirement for
Mul�family and single-family dwellings are
allowed, subject to a CUP in some of the
commercial zones and therefore, to comply
with state law, ADU’s must also be allowed.

Update the list and permit requirements for
certain use commercial use types to include
missing uses and to provide greater
discre�on with use types that have poten�al
to impact surrounding uses.

Item 6B39
CMC Sec�on Subject Proposed Change Discussion/Ra�onale
secondary day care centers, correct an omission
in the rear yard setback for the C-R district
27 Chapter 17.80 Industrial Uses Amend the chart of industrial uses to remove agricultural uses, require a CUP for self-service
storage facili�es, add storage facili�es for
recrea�onal vehicles and large vehicles subject
to a CUP, and add impound yards subject to a
CUP
Reference to agricultural zoning is removed
from the code as there is no Agriculturally
zoned property, CUP requirement is added
for certain uses to provide the city with
greater discre�onary authority.
28 17.108.040 Parking Remove reference to parking for “two-family” units and replace “Second Unit” parking with
“ADU” parking and reference to ADU standards
Maintain consistency with removal of “twofamily” units and meet state mandates for ADU/JADUs
29 Chapter 104 Density Bonuses Revise to reflect changes to state law for density bonuses, to reference the state density bonus
law for terms defined, and for the calcula�on of
bonuses, incen�ves, and concessions, and to
replace the requirement for a financial pro
forma with other reasonable documenta�on to
establish eligibility for a density bonus
Meet changes in state law pertaining to
density bonuses, incen�ves and concessions
for affordable housing.
30 Chapter 17.196 Second Dwelling
Units
Replace Chapter with new ADU/JADU chapter Meet state mandates for ADU/JADUs Item 6B40

CITY OF COLFAX
ORDINANCE NO. 555

AN ORDIANCE OF THE CITY OF COLFAX AMENDING
TITLE 17 – ZONING OF THE COLFAX MUNICIPAL CODE
The City Council of the City of Colfax does ordain as follows:

Section 1.

The following provisions of Colfax Municipal Code Title 17 are hereby amended in the form and substance contained in the Ordinance attached hereto as Exhibit A and incorporated by this reference. Exhibit A shows additions with double-underlined text and deletions with strike-out text.

Chapter 17.12 to remove terms defined but not used and add definitions for certain terms used but not defined in Title 17;
Chapter 17.16 to remove the Agricultural zone and add Mixed Use -1 and Mixed Use – 2 zones;
Chapter 17.32 clarify the design review permit requirements and correct the review authority for legislative decisions;
Chapter 17.36 correct an internal reference;
Chapter 17.40 clarify a historic district design review finding, remove redundancy from a sign permit finding, and make the term of approval of Planned Development Permits consistent with other planning approvals;
Chapter 17.64 remove the redundant listing of use classifications, remove agricultural use types, and add ADUs and remove second dwelling units from the residential use types; Chapter 17.68 change the name of the Special Public Service District to Civic District and remove Agricultural zone uses and development standards; Chapter 17.72 expand the purpose of the multi-family residence district to include ownership units and detached and attached units in addition to apartments, amend the chart of residential uses to remove agricultural uses, remove two-family dwellings, add ADUs, add junior ADUs, and add supportive and transitional housing and clarify the R-M-1 and R-M-2 parcel size, density, and development standards;
Chapter 17.74 a new chapter establishing the purpose, permitted uses, and development standards for Mixed Use-1 and Mixed Use-2 zoning districts; Chapter 17.76 amend the chart of commercial uses in the Commercial Highway (C-H) and Commercial Retail (C-R) zones to permit ADUs, lodging (hotels and motels), and funeral and internment services, require a conditional use permit (CUP) for self-service storage facilities Item 6B41
in the C-H district and prohibit them in the C-R district, allow storage facilities for recreational vehicles and large vehicles subject to a CUP in the C-H district and remove the CUP requirement for secondary day care centers, correct an omission in the rear yard setback for the C-R district; Chapter 17.80 amend the chart of industrial uses to remove agricultural uses, require a CUP for self-service storage facilities, add storage facilities for recreational vehicles and large vehicles subject to a CUP, and add impound yards subject to a CUP; Chapter 17.104 revise to reflect changes to state law for density bonuses, to reference the state density bonus law for terms defined, and for the calculation of bonuses, incentives, and concessions, and to replace the requirement for a financial pro forma with other reasonable documentation to establish eligibility for a density bonus; Chapter 17.108 add parking requirements for ADUs and transitional and supportive housing; and
Chapter 17.196 replace second unit development standards with ADU development standards consistent with the requirements of state law.

Section 2. Superseding Provisions
The provisions of this Ordinance and any resolution adopted pursuant hereto shall supersede and repeal any previous Ordinance or resolution to the extent the same is in conflict herewith.

Section 3. Severability
If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by the final judgment of any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions hereof.

Section 4. California Environmental Quality Act Findings The City of Colfax finds that, if the provisions of the California Environmental Quality At, Public Resources Code section 21000 et seq (hereinafter “CEQA”) apply, the title of this ordinance would constitute a brief description of the “Project” as required by Section 15062(a)(1) of the Guidelines for Implementation of CEQA published by the State of California Office of Planning and Research (the “CEQA Guidelines”).

FINDING OF NO PROJECT
The City of Colfax finds that adoption of this ordinance does not constitute a “Project” as that term is defined by or used in CEQA, the CEQA Guidelines or any court or attorney general opinion construing the same. Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.

FINDING OF EXEMPTIONS
The City of Colfax finds that this ordinance is not subject to CEQA pursuant to CEQA Guidelines Sections 15305 (Minor Alterations in Land Use Limitations), 15060(c)(2) (the Item 6B42
activity will not result in a direct or reasonably foreseeable indirect physical change in the environment). Furthermore, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that this is no possibility that the activity in question may have a significant effect on the environment).

Section 5. Effective Date
This Ordinance, and all its provisions, shall take effect thirty (30) days after its adoption and shall, within 15 days after its adoption, be published or posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it.

The foregoing Ordinance was introduced at a duly held regular meeting of the City Council of the City of Colfax held on the 27th day of September 2023 and passed and adopted at a duly held regular meeting of the City Council held on the 11th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:
________________________
Trinity Burrus, Mayor
APPROVED AS TO FORM: ATTEST:
______________________ ______________________
Alfred Cabral Marguerite Bailey
City Attorney City Clerk
Item 6B43

EXHIBIT A

CITY OF COLFAX
ORDINANCE NO. 555
AN ORDINANCE OF THE CITY OF COLFAX AMENDING TITLE 17- ZONING OF

THE COLFAX MUNICIPAL CODE
Section A. Colfax Municipal Code Title 17 is hereby amended to read as follows:

1. Definitions.

Definitions in Municipal Code section 17.12.030 are deleted, amended, or added, as follows:
"Actual construction" means the actual placing of construction materials in their permanent position and fastening them in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding. "Crop and tree farming" means the raising for commercial purposes of any truck, field or orchard crop and the necessary buildings incidental to any such crop, wholesale nurseries and greenhouses.
"Dwelling, multiple" means a building or portion thereof, designed or intended to be used for residence purposes by three two or more families or housekeeping units living independently of one another.
"Dwelling group" means a group of two or more detached dwellings located on a parcel of land where the dwellings and the land are in one ownership and having any yard or court in common.
"Dwelling, two-family or duplex" means a building designed or intended to be used for residence purposes by two families or housekeeping units living independently of one another. “Dwelling Unit, Accessory” means a dwelling as defined in Government Code Section 65852.2 as it now exists or may hereafter be amended or replaced. “Dwelling Unit, Junior Accessory” means a dwelling as defined in Government Code Section 65852.22 as it now exists or may hereafter be amended or replaced. "Stable, private" means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling on the same lot where horses are not kept for hire or sale.

2. Establishment And Designation of Districts
Municipal Code section 17.16.010 is amended as follows:

17.16.010 Established.

The city is divided into the following designated districts as shown on the zoning map:

Agricultural District A
Open space district O
Single-family residence district R-1
Multi-family residence district RM
Retail commercial district CR
Highway commercial district CH
Item 6B44
Mixed-Use District - 1 MU-1
Mixed-Use District - 2 MU-2
Industrial district I
Residential Mobilehome Subdivision District R-MHS
Special Public Service Civic District SPSCD

3. Permit requirements.

Municipal Code section 17.32.010(C) is amended as follows:

Design Review Permit (DRP). A design review permit shall be obtained prior to the issuance of a building permit for any new construction; exterior remodeling; site design and circulation modifications (except as specified below), including parking; modification of a previously approved use permit for site review, or site review; new, modified or alterations to landscaping; addition of mechanical equipment; gateway/entrances (see definitions); modification or alteration of driveway locations; relocating or moving buildings; demolition of a significant building as defined in Chapter 17.200 of this title; and as otherwise required by this title. With the exception of projects Except for dwellings in a new residential subdivision or projects involving a significant building, as defined in this title, a design review permit is not required for a single-family residence or a two-family residence. The approval authority for a design review permit shall be as provided in subsection C.2., below.

Municipal Code section 17.32.010(G) is amended as follows:

Planned Development (PD). The planning commission shall be first make a recommendation to the city council on a Planned Development. The city council is the approval authority for planned developments.

Municipal Code section 17.32.010(C) is amended as follows:

General Plan Amendment (GPA). The planning commission shall be first make a recommendation to the city council on a general plan amendment. The city council is the approval authority for projects that involving a general plan amendment.

Municipal Code section 17.32.010(C) is amended as follows:

Rezone (REZ). The planning commission shall be first make a recommendation to the city council on a rezone. The city council is the approval authority for projects involving a rezone.

4. Land use permit effectuation.

A code reference in Municipal Code section 17.36.150(B) is corrected as follows:

A land use permit modification subsequently approved under a separate action from the original permit, where the original approval has not been effectuated as aforementioned, is subject to the original expiration date associated with the original land use permit. However, in the event the original approval has been effectuated prior to action on the land use permit modification, then such land use permit modification shall be subject to the expiration date as stated within its conditions of approval and shall additionally be subject to above subsections 17.36.150A.132.

5. Extension.

A code reference in Municipal Code section 17.36.210 is corrected as follows:

Item 6B45
The period within which effectuation of a permit must occur may be extended by the planning director's approval of an administrative permit. An application for such an extension shall be filed pursuant to Chapter 17.36.

The planning director may grant a single one-year extension for a permit which has been approved but has not been effectuated. The approval of an extension extends the expiration date for one year from the original permit expiration date. No additional extensions shall be granted for a permit which has been active for a period of three years, unless otherwise provided for in the conditions of approval or by this title. The permit, as extended, may be conditioned to comply with any development standards which may have been enacted since the permit was initially approved. The extension shall be granted if the findings specified in subsection 17.40.070DF. are made. Any extension may require a public hearing at the discretion of the planning director.

6. Required findings for approval or conditional approval of permits and variances.

Municipal Code section 17.40.070(B)(1)(a) is amended as follows:

Findings for a Design Review Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a design review permit:

1. For Zones other than the Historic District.
a. The project as approved allows beneficial use to be made balances reasonable use of the site for development, while it preserves and accentuates the natural features of the property, such as open space, topography, trees, wetlands and water courses, and provides adequate drainage for the project.

Municipal Code section 17.40.070(D) is amended as follows:

D. Findings for a Sign Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a sign permit:

1. The proposed sign is substantially consistent with the standards of the city's sign guidelines and the goals, objectives and policies of the city general plan and any applicable design guidelines.

2. The proposed sign conforms to applicable development standards and will not be detrimental to the public health, safety or welfare.

3. The physical location or placement of the sign is compatible with the surrounding neighborhood and does not pose a safety risk.

4. The required finding for incidental and supplemental signs is as follows: The proposed general design, arrangement, texture, colors and lighting placement are substantially consistent with the purposes and regulations of the city's sign guidelines and any applicable design guidelines.

Municipal Code section 17.40.070(H) is amended as follows:

Findings for a Planned Development Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a planned development permit:

1. The use and design of the proposed development conforms with the requirements of the relevant planned development zone district and the requirements of this title.

Item 6B46

2. The location, size, design and operating characteristics of the use or development is to be compatible with and will not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, and will not be detrimental or injurious to public or private property or improvements.

3. Financial Ability of the Proponents. That the proponents of the planned development have demonstrated to the satisfaction of the planning commission that:
a. They are financially able to carry out the proposed project; b. They intend to start construction within one year two years after the approval of the project and any necessary zoning district change; or
c. They intend to complete such construction within a reasonable time as determined by the planning commission.

7. Listing of use classifications.

The listing of use classifications in Municipal Code section 17.64.030 is repealed and the section is reserved.

8. Agriculture and open space use types.

Municipal Code section 17.64.060 is amended as follows:

Agriculture and oOpen space use types include on-site structures, development, and management activities which are necessary to for conduct agricultural operations and which are compatible with the protection and enhancement of open space resources. Specific agriculture and open space use types referred to in this title are:

A. Agricultural, includes uses commonly associated with a farm or ranch, such as crop farming, tree farming and truck gardening, including the bottling, processing and packing of agricultural crops, retail sales of agricultural products and stands on premises for such purpose; and uses associated with livestock farming, including the production of crops for the grazing and feeding of livestock, but not including meat packing plants or slaughterhouses.

B. Animal keeping, includes the keeping, feeding or raising of common farm animals or animal specialties. Animal keeping is subject to the limitations set forth in Chapter 6.20 of the Colfax Municipal Code (limitations on number of animals).

C. Logging and lumber milling, includes the work or business of felling, sawing, cutting or trimming trees. This use may include preparing, transporting and/or receiving marketable or unmarketable logs or wood to/from a lumber mill or conducting the operation of a lumber mill.

AD. Resource protection and restoration, includes activities and management of an area to preserve, recreate and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, erosion control, and floodwater conveyance.

BE. Resource related recreation, includes facilities related to passive recreation of open space areas including bike and pedestrian trails, picnic areas, parking areas, and interpretive centers.

9. Civic use types.

The typographic error is Municipal Code section 17.64.070(A) is corrected as follows:
• Churches, temples, synagogues, and other places orf worship; Item 6B47

10. Residential use types.

Municipal Code section 17.64.080 is amended and re-lettered to add the following use types to the alphabetical list of residential use types:

A. Accessory Dwelling Unit.

I. Junior Accessory Dwelling Unit.

Municipal Code section 17.64.080 is amended and re-lettered to remove the following use types to the alphabetical list of residential use types:

K. Second dwelling unit. A dwelling unit, attached or detached, with permanent provisions for independent living, sleeping, eating, cooking and sanitation within the unit and includes a separate entrance from the primary unit (see also Chapter 17.196).

11. Open Space, Special Public Service District and Agricultural Zones.

The title of Chapter 17.68 is amended to read:

Chapter 17.68 OPEN SPACE, AND SPECIAL PUBLIC SERVICE CIVIC DISTRICT AND

AGRICULTURAL ZONES
Municipal Code section 17.68.010 is amended as follows:

17.68.010 Purpose.

A. The purpose of the agricultural district (A) is to promote and preserve in appropriate areas of the city conditions favorable to agricultural use. To this end the agricultural district is intended to include activities normally and necessarily related to the conduct of agriculture and to protect the district from the intrusion of uses inimical to the continuance of agricultural activity.

AB. The purpose of the open space district (OS) is to promote and preserve open space for outdoor recreation in areas particularly suited for park and recreation. To this end, the OS district is intended to be limited to activities normally related to outdoor recreation.

BC. The purpose of the special public service district (SPSD) civic district (CD) is to provide for the orderly development of public and quasi-public facilities within any district as approved and/or as conditioned by the commission.

Municipal Code section 17.68.020 is amended as follows:

17.68.020 Permitted use types.

Primary uses are permitted in the open space, and civic and agricultural zones subject to the requirements of this title as designated below:

Accessory uses and structures are permitted in the open space, and civic and agricultural zones subject to the requirements set forth in Chapter 17.96.

Item 6B48
SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR

INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY

BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART

OPEN SPACE, AND CIVIC AND AGRICULTURAL ZONE DISTRICTS

PERMITTED USES

AGRICULTURAL AND OPEN

SPACE USE TYPES

OS SPSDCD A
Agricultural P - P
Animal Keeping(8) - - P
Logging and Lumber Milling CUP
Resource Protection and Restoration P P P
Resource Related Recreation P P P

CIVIC USE TYPES OS SPSD A
Community Assembly(5) CUP P P
Community Services P P -
Essential Services P P P
Hospital Services
General - CUP -
Psychiatric - CUP -
Intensive Public Facilities - P -
Libraries and Museums, Private CUP CUP -
Power Generating Facilities(1)
Emergency P -
Supplemental/Individual Use - CUP -
General Power Production - CUP -
Passive Power - P -
Public Parking Services - P -
Schools
College and University - CUP P
Elementary and Secondary - CUP P
Private Elementary and Secondary - CUP -

RESIDENTIAL USE TYPES OS SPSD A
Caretaker/Employee Housing - AP P
Dwelling, Single-Family(3) - CUP P

COMMERCIAL USE TYPES OS SPSD A
Animal Sales and Service(7)
Kennels(6) - - AP
Veterinary Clinic - - CUP
Veterinary Hospital - - CUP
Commercial Recreation
Indoor Sports and Recreation - CUP CUP
Outdoor Entertainment - CUP CUP
Item 6B49
Outdoor Sports and Recreation - CUP CUP
Large Amusement Complex - CUP CUP
Day Care Center - P CUP
Lodging services(4) - - CUP
Storage Facility, Recreational and
Large Vehicle
- AP -

INDUSTRIAL USE TYPES OS SPSD A
Mineral Extraction and Processing - - CUP

TRANSPORTATION AND

COMMUNICATION USE TYPES

OS SPSD A
Telecommunication Facilities(2) CUP P/AP/CUP AP
Notes:
(1) Additional requirements are contained in Chapter 17.180. (2) Additional requirements are contained in Chapter 17.132. (3) Supportive and transitional housing are considered residential use types. (4) Bed and breakfasts, with three or fewer rooms.
(5) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.
(6) Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter

6.12 (kennels).
(67) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).
(78) Subject to the limitations set forth in Chapter 6.20 of the Colfax Municipal Code (limitations on number of animals).

Municipal Code section 17.68.040 entitle Agricultural district development standards is repealed and the section is reserved.

12. Residential Zones.

Municipal Code section 17.72.010(B) is amended as follows:

17.72.010 Purpose.

This chapter provides regulations applicable to primary uses in the residential zoning districts established by Section 17.16.010 (zoning districts established). The residential zoning districts are as follows:

A. Single-Family Residence District. The purpose of the single-family residence district (R1) is to provide for areas in appropriate locations where quiet, low density residential neighborhoods may be established, maintained and protected. The regulations of this district are designed to promote and encourage a suitable environment for families, many of whom will have children. To this end the regulations permit the establishment Item 6B50
of single-family dwellings and also permit, with proper controls, those public and quasipublic activities, such as schools, libraries, churches, parks and playgrounds, which serve the needs of families. The regulations are intended to prohibit the establishment or operation of any activity which would be inimical to such a residential environment.

B. Multi-Family Residence District. The purpose of the multi-family residence district (RM) is to provide for areas in appropriate locations where apartments, condominiums, townhouses, and other types of attached and detached houseing in neighborhoods of varying degrees of density may be established, maintained and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment within walking distance of downtown. To this end the regulations permit, in accordance with the respective density district, multiple dwellings ranging from garden apartments to multi-story apartment houses, in addition to small-lot subdivisions and attached and detached for-sale housing with and necessary public services and activities subject to proper controls.

C. Residential Mobilehome Subdivision District. The purpose of the residential mobilehome subdivision district (R-MHS) is to permit and regulate the development of mobilehome parks within the city, as well as the design and placement of mobilehomes within such mobilehome parks. The provisions of this article shall apply to new mobilehome parks and to the expansion of existing mobilehome parks and shall be in addition to the applicable rules and regulations of the state for mobilehome parks.

Municipal Code section 17.72.020 is amended as follows:

17.72.020 Residential zone districts permitted uses.

Primary uses are permitted in residential zones subject to the requirements of this title as designated below:

Accessory uses and structures are permitted in residential zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR

INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY

BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART AGRICULTURAL AND OPEN SPACE USE TYPE R-1 R-M R-MHS
Animal Keeping AP (8) - -
Resource Protection and Restoration P P P
Resource Related Recreation P P P
CIVIC USE TYPES R-1 R-M R-MHS
Community Assembly (7) AP AP AP
Community Services P P P
Essential Services P P P
Item 6B51
Libraries and museums - AP -
Power Generating Facilities(1)
Emergency P P P
Passive Power P P P
Public Parking Services - CUP -
Schools, Elementary and Secondary AP AP -
Schools, Private Elementary and Secondary AP AP -
RESIDENTIAL USE TYPES R-1 R-M R-MHS
Accessory Dwelling Unit (see also Junior ADU) P P -
Community Care Facilities, Small P P P
Dwelling (6)
Multi-Family - P -
Single-Family P P P
Two-family -
(9) P -
Family Day Care Homes, Small P P P
Family Day Care Homes, Large (3) AP AP AP
Junior Accessory Dwelling Unit P P -
Mobilehome Park - - CUP
Rooming and Boarding House - P -
Supportive and Transitional Housing P P P
Second Dwelling Unit AP P -
COMMERCIAL USE TYPES R-1 R-M R-MHS
Commercial Recreation, Residential Recreation
Facilities

CUP CUP CUP
Community Care Facility - P -
Lodging services(4) AP AP -
Long-Term Care Facility - CUP -
Neighborhood Commercial - CUP -

TRANSPORTATION AND COMMUNICATION

USE TYPES
R-1 R-M R-MHS
Telecommunication Facilities(5) AP AP AP
Notes:
(1) Additional requirements are contained in Chapter 17.180. (2) See Chapter 17.196 for second dwelling unit regulations. (3) See Chapter 17.160 for large family day care home regulations. (4) Bed and Breakfast establishments only, with five or fewer rooms. (5) Additional requirements are contained in Chapter 17.136. (6) Supportive and transitional housing are considered residential use types. (7) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.

Item 6B52
(8) Subject to the limitations set forth in Colfax Municipal Code Chapter 6.20 (Limitations on Number of Animals).
(9) Two-family dwellings may be allowed in the R-1-20 and R-1-40 zones upon approval of an administrative permit.

Municipal Code section 17.72.020 is amended as follows:

17.72.030 Residential zone general development standards.

A. Residential Development Standards. Permitted uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title:

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
R-1 R-M-1(1) R-M-2(1) R-MHS (2)
Minimum Site Area - . 10 acres
Minimum Parcel
Area
R-1-5 5,000 sq. ft. R-M-1
R-M-2
4,500 sq.
ft.
6,000
2,000 sq.
ft)
3,000 sq. ft.

R-1-10 10,000 sq. ft.

R-1-15 15,000 sq. ft.

R-1-20 20,000 sq. ft.

R-1-40 40,000 sq. ft.

Minimum Width R-1-5 50 ft. - 30 ft.

R-1-10 80 ft.

R-1-15 80 ft.

R-1-20 100 ft.

R-1-40 125 ft.

Residential Density R-1-5 1 dwelling per
lot (9)
4 to 10
units per
gross acre
10 to 29
units per
gross
acres
8 lots per
gross acre
R-1-10 1 dwelling per
lot (9)
R-1-15 1 dwelling per
lot (9)
R-1-20 1 dwelling per
lot (9)
R-1-40 1 dwelling per
lot(9)
Setbacks: (See Chapter 17.96.030 for setbacks for accessory structures) Minimum Front (4) R-1-5 20 ft. 10 percent of the parcel depth but no more than
10 ft.
10 ft.
extending the
entire width
of the
mobilehome
space(5)
R-1-10 20 ft.

R-1-15 20 ft.

R-1-20 30 ft.

R-1-40 30 ft.

Minimum Sides(4) R-1-5 6 ft. 5 ft. at the ground floor
and an average of 8 ft.
at the second floor.
3 ft. on one
side and 10
feet on the
other along
the entire
R-1-10 8 ft.

R-1-15 8 ft.

R-1-20 10 ft.

R-1-40 15 ft.

Item 6B53
length of the
lot
Minimum Rear R-1-5 20 ft. 10 ft. 5 ft. along
the entire
width of the
lot
R-1-10 30 ft.

R-1-15 30 ft.

R-1-20 40 ft.

R-1-40 40 ft.

Maximum Site
Coverage (6)
- RM-1 40% 75%
RM-2 75%None
Minimum Usable
Open Space per
Dwelling Unit (7)
- RM-1 400 sq. ft. -
RM-2 200 sq. ft.

Maximum Building
Height (8)
2½ stories or 30 ft. 2½ stories or 30 ft. 30 ft.

Additions greater
than 700 sq. ft. in
area
May only be permitted
upon approval of an
administrative permit
May only be permitted upon approval of
an administrative permit
Notes:
(1) These requirements shall be observed in the multi-family residence district (R-M), except where increased for conditional uses. All single-family dwellings in the R-M district shall conform to the height, area, lot width and yard requirements specified for the R-1-5 district. (2) The general development standards for the R-MHS district may be modified through approval of a design review permit.
(3) In the R-M-1 and R-M-2 districts, the required lot area per dwelling unit shall be increased by twenty (20) percent for each dwelling unit having more than two bedrooms. The required lot area per dwelling unit may be decreased by twenty (20) percent for each dwelling unit having no separate bedroom. (Prior code § 9-2.1905) (34) Front setback (and side setback where adjacent to street) measured from back of walk.

Fence side yard setback is five feet from back of walk where facing a street. In the absence of sidewalk, setbacks measured from the edge of right-of-way. In the case of corner lots, the shorter of the two frontages shall be deemed to be the front of the lot for the purposes of computing yard requirements. In the case of a lot having equal frontages or an irregularly shaped lot, the planning director shall determine the front of the lot in such a manner as to best promote the orderly development of the immediate area.
(45) Measured from the nearest element of the mobilehome to the closest edge of the street. (56) Maximum coverage is a function of lot size, required setbacks and usable open space. (67) The rear and side yards may be utilized to meet the minimum usable open space provided the minimum dimension, measured perpendicular to the applicable rear or side yard is 10 feet. A minimum usable open space of 500 square feet may be applied where a front porch is provided with minimum dimensions of six feet x six10 feet exclusive of entry way. (78) Measured from any foundation location horizontal to a point parallel to the highest point of the building.
(9) Second dwelling units may be allowed subject to the requirements contained in Chapter

17.196.

13. Mixed Use Zones.

Item 6B54
Chapter 17.74 MIXED USE ZONES is added to the Municipal Code as follows:

Chapter 17.74 MIXED USE ZONES

17.74.010 Purpose. There are two mixed use zoning districts.

Mixed Use – 1 is applied to Main Street in the Historic Downtown (MU-1) and is intended to retain the historic character of the downtown while providing a vibrant mix of uses in an attractive area where the community and visitors gather to shop, socialize, and recreate, and where residents can live. This district requires that the ground-floor spaces with street frontage be accessible to the public and that uses generate walk-in clientele to contribute to and activate the pedestrian experience along Main Street. Appropriate ground-floor uses with street frontage include retail shops, cafes, restaurants, and other similar uses that generate pedestrian traffic. Spaces without ground-floor street frontage are intended for uses such as offices, residential, and lodging.

The Mixed Use – 2 zoning district applies to the neighborhoods adjacent to the Historic Downtown and along segments of S. Auburn Street. This zone provides areas in which residents can live, work, shop, worship, socialize, and obtain public services. A mix of land uses with varying degrees of intensity determined by location are allowed in the MU-2 zone.

Commercial uses that are appropriate among single-family and multifamily residences are intended for the MU-2 zone, with more intense uses limited through conditional and administrative use permits to areas along E. Grass Valley Street and South Auburn Street.

Different land uses can be in the same building or on the same site.

17.74.020 Permitted use types.

Primary uses are permitted in mixed use zones subject to the requirements of this title as designated below:

A. Principally permitted use, designated as "P";
B. Conditionally permitted use, designated as "CUP"; and C. Administratively permitted use, designated as "AP."
Primary use types not listed or designated by a dash (-) are not permitted in that zone district. Any single use that occupies more than 5,000 square feet in the MU-1 zone or more than 8,000 square feet in the MU-2 zone is subject to a conditional use permit.

Accessory uses and structures are permitted in mixed use zones subject to the requirements set forth in Chapter 17.96.

CIVIC USE TYPES MU-1 MU-2
Community Assembly (2) P(1) P
Community Services P(1) P
Essential Services P(1) P
Libraries and museums P(1) P
Power Generating Facilities (3)
Item 6B55
Emergency P P
Passive Power P P
Public Parking Services - AP
Social Services
Food Distribution (4) CUP CUP
Food Service (5) CUP CUP
Emergency Shelter (6) - CUP
RESIDENTIAL USE TYPES MU-1 MU-2
Community Care Facilities, Small
Dwelling
Accessory Dwelling Unit P(1) P
Junior Accessory Dwelling Unit P(1) P
Multi-Family P(1) P
Single-Family P(1) P
Family Day Care Homes, Small P(1) P
Family Day Care Homes, Large (7) P(1) P
Rooming and Boarding House P(1) P
Supportive and Transitional Housing P(1) P
COMMERCIAL USE TYPES MU-1 MU-2
Animal Sales and Service (8)
Grooming and Pet Stores P P
Veterinary Clinic P(1) P
Automotive and Equipment
Automotive Body and Equipment Repair - CUP
Automotive Rentals AP AP
Automotive Repairs - CUP
Automotive Sales - -
Carwash and Detailing - CUP
Commercial Parking - CUP
Gasoline Sale - CUP
Item 6B56
Banks and Financial Services P P
Bars and Drinking Places AP AP
Broadcasting and Recording Studios P(1) P
Business Support Services P(1) P
Community Care Facility - AP
Day Care Center AP(1) AP
Eating and Drinking Establishments
Fast Food with Drive-Through - -
Convenience P P
Full Services P P
Food and Beverage Retail Sales P P
Lodging P(1) P
Long-Term Care Facility CUP -
Maintenance and Repair P(1) P
Medical Services, General P(1) P
Neighborhood Commercial P P
Nightclubs (9) AP -
Offices, Professional P(1) P
Personal Services P(1) P
Retail Sales and Services P P
Specialized Education and Training
Vocational Schools P(1) P
Specialty Schools P(1) P

TRANSPORTATION AND

COMMUNICATION USE TYPES
MU-1 MU-2
Telecommunication Facilities (10) - P/AP/CUP
(1) Only allowed on the second story or on ground floor portions of buildings that are no less than 30 feet from the front property line.
(2) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit pursuant to Chapters 17.144 and 17.148. (3) Additional requirements are contained in Chapter 17.180. (4) Additional requirements are contained in Chapter 17.148.

Item 6B57
(5) Additional requirements are contained in Chapter 17.144. (6) Additional requirements are contained in Chapter 17.140. (7) Additional requirements are contained in Chapter 17.160 (8) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).
(9) Additional requirements are contained in Chapter 17.164 (10) Additional requirements are contained in Chapter 17.132

17.74.030 Mixed Use zone general development standards.

The general development standards of the Retail Commercial (C-R) zone contained in section 17.76.030 shall apply to the MU-1 and MU-2 zones, except that in the MU-1 zone, the front yard setback shall not exceed three feet.

13. Commercial zones.

Municipal Code section 17.76.020 is amended as follows:

17.76.020 Permitted use types.

Primary uses are permitted in commercial zones subject to the requirements of this title as designated below:

Accessory uses and structures are permitted in commercial zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR

INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT

MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART

COMMERCIAL ZONE DISTRICTS PERMITTED USES

AGRICULTURAL AND OPEN SPACE USE TYPES C-R C-H
Resource Protection and Restoration CUP CUP

CIVIC USE TYPES C-R C-H
Community Assembly(110) AP/CUP -
Community Services AP AP
Hospital Services
General Hospital Services AP/CUP AP/CUP
Psychiatric Hospital Services CUP CUP
Libraries and Museums, Private P P
Public Parking Services P P
Item 6B58
Schools
College and University CUP AP
Elementary and Secondary CUP AP
Private Elementary and Secondary CUP AP
Social Services
Food Distribution(2) AP/CUP AP/CUP
Food Service(3) AP/CUP AP/CUP
Emergency Shelter(4) AP/CUP AP/CUP
Power Generating Facilities(8)
Emergency AP AP
Supplemental/Individual Use AP AP
Passive Power P P

RESIDENTIAL USE TYPES C-RC-H
Caretaker/Employee Housing CUP CUP
Dwelling
(9)
Accessory Dwelling Unit
(10)
PP
Multifamily CUP -
Single-family CUP CUP
Two-family CUP CUP
Family Day Care Home, Small P -
Family Day Care Home, Large
(1514) CUP
-
Junior Accessory Dwelling Unit(10)PP
Single Room Occupant --

COMMERCIAL USE TYPES C-RC-H
Adult-oriented Businesses(1) CUP CUP
Animal Sales and Service
(1312)
Grooming and Pet Stores P P
Kennels
(1112) AP AP
Veterinary Clinic P P
Veterinary Hospital AP AP
Automotive and Equipment
Automotive Body and Equipment
Repair

AP/CUP P
Automotive Rentals P P
Automotive Repairs CUP P
Automotive Sales P P
Carwash and Detailing AP P
Commercial Parking P P
Heavy Equipment Rental and Sales P P
Gasoline Sale AP P
Banks and Financial Services P P
Bars and Drinking Places AP AP
Broadcasting and Recording Studios P P
Building Material Stores P P
Business Support Services P P
Commercial Cannabis Activities
Cultivation P P
Item 6B59
Cultivation Nursery P P
Distributor P P
Manufacturer P P
Microbusiness P P
Retailer P P
Testing Laboratory P P
Commercial Recreation
Amusement Center P P
Indoor Entertainment P P
Indoor Sports and Recreation P P
Outdoor Entertainment AP P
Outdoor Sports and Recreation P P
Large Amusement Complexes AP P
Community Care Facility AP -
Day Care Center AP -
Eating and Drinking Establishments
Fast Food with Drive-Through AP P
Convenience P P
Full Services P P
Food and Beverage Retail Sales P P
Funeral and Interment Services CUP AP
LodgingPP
Long-Term Care Facility CUP -
Maintenance and Repair P P
Medical Services, General P P
Neighborhood Commercial P -
Nightclubs(5) AP AP
Nursery, Retail P P
Offices, Professional P P
Personal Services P P
Retail Sales and Services P P
Specialized Education and Training
Vocational Schools P P
Specialty Schools P P
Storage Facility, Self-service
(1315) APCUP
PCUP

INDUSTRIAL USE TYPES C-RC-H
Day care centers, secondary CUP CUP
Laundries, Commercial P P
Printing and Publishing P P
Research Services P P
Wholesaling and Distribution, Light AP P

TRANSPORTATION AND

COMMUNICATION USE TYPES
C-RC-H
Telecommunication Facilities(6) P/AP/CUP P/AP/CUP
Heliport CUP CUP
Intermodal Facilities(7) CUP CUP
Notes:

Item 6B60
(1) Additional requirements are contained in Chapter 17.128. (2) Additional requirements are contained in Chapter 17.148. (3) Additional requirements are contained in Chapter 17.144. (4) Additional requirements are contained in Chapter 17.140. (5) Additional requirements are contained in Chapter 17.164. (6) Additional requirements are contained in Chapter 17.132. (7) Additional requirements are contained in Chapter 17.136. (8) Additional requirements are contained in Chapter 17.180. (9) Supportive and transitional housing are considered residential use types. (10) See Chapter 17.196 for accessory dwelling unit regulations. (110) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit pursuant to Chapters 17.144 and 17.148. (121) Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter

6.12 (kennels).
(132) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).
(143) Additional requirements are contained in Chapter 17.160. (154) Additional requirements are contained in Chapter 17.176.

Municipal Code section 17.76.030(D) is amended as follows:

D. Area, Lot Width and Yards.

1. The following minimum requirements shall be observed in the retail commercial district (C-R), except where increased for conditional uses:

Lot Area
(Sq. Feet)
Front Side Rear
5,000 None, except where
the abutting side lot
line is in a residential
district, then not less
than required for such
residential district
None, except where a
side lot line is
abutting a residential
district, then not less
than the side yard
required for such
residential district
10 feet, except where
abutting a residential
district, then the
setback shall equal the
building height but no
be more than 20 feet.

14. Density Bonuses and Other Incentives.

Municipal Code Chapter 17.104 is amended as follows:

17.104.010 Purpose.

This chapter is adopted pursuant to the provisions of California Government Code Sections 65915—65918. The purpose of adopting this chapter is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this chapter. The provisions of this chapter are intended to comply with California Government Code Sections 65915—65918. In the event that If any provision of this chapter Item 6B61
conflicts with California Government Code Sections 65915—65918, or any after-enacted amendment of these sections, state law shall control over the conflicting provision.

17.104.020 Definitions.

Terms used in this section shall be defined as in Government Code Section 65915 et seq.

For the purpose of this chapter, the following words and phrases shall have the following meanings:
"Approval authority" is as defined in the Colfax Municipal Code - Title 17, Zoning Chapter

17.40.020.
"Child care facility" is defined as a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.
"Density bonus" means an increase in density over the otherwise maximum allowable residential density under the applicable general plan designation as of the date of filing of an application for density bonus with city. A density bonus request shall be considered as a component of a qualified housing development.
"Development standard" is defined as the site, development, or construction standards and/or conditions of approval that apply to a residential development. "Housing development" is defined as one or more groups of projects for residential units constructed within a large lot parcel. For the purposes of this chapter, "housing development" also includes a subdivision or common interest development as defined in Section 1351 of the Civil Code and consists of residential units or unimproved residential lots. A density bonus may be permitted in geographic areas of the housing development other than the areas where the affordable units are located, so long as the density bonus units are located on the same large lot parcel.
"Incentive" is defined as a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. An incentive can be requested by the applicant for purposes of reducing the cost of development to make the project financially feasible. The term "incentive" includes the term "concession" as that term is used in California Government Code Sections 65915—65918. "Large lot parcel" is defined as that term is used in any applicable specific plan (large lot parcel is hereby generally deemed as a geographic area). "Lower income" is defined as less than eighty (80) percent of the area median income, as defined by Section 50079.5 of the California Health and Safety Code. "Lower income unit" is defined as a unit with an affordable rent or payment that does not exceed thirty (30) percent of sixty (60) percent of area median income adjusted for family size appropriate for the unit.
"Moderate income" is defined as less than one hundred twenty (120) percent of the area median income, as defined in Section 50093 of the California Health and Safety Code. "Moderate income unit" is defined as a unit with an affordable rent or payment that does not exceed thirty-five (35) percent of one hundred ten (110) percent of area median income adjusted for family size appropriate for the unit.

Item 6B62
"Very low income" is defined as less than fifty (50) percent of the area median income, as defined in Section 50105 of the California Health and Safety Code. "Very low income unit" is defined as a unit with an affordable rent or payment that does not exceed thirty (30) percent of fifty (50) percent of the area median income, adjusted for family size appropriate for the unit.
"Senior citizen housing development" is defined as a housing project where residency is restricted to persons sixty-two (62) years of age or older, or fifty-five (55) years of age or older in a senior citizen housing development per Sections 51.3 and 51.12 of the California Civil Code.

17.104.030 Application requirements.

A density bonus may be approved pursuant to a request for approval of a density bonus, provided the request complies with the provisions of this chapter. Each application for a density bonus, incentive(s), or concession(s) request shall be accompanied by the following:

A. A site plan that identifies all units in the project including the location of the affordable units and the bonus units;
B. A narrative briefly describing the housing development and shall include information on:

1. The number of units permitted under the general plan;

2. The total number of units proposed in the project;

3. The number of affordable and/or senior units;

4. The number of bonus units requested based on the tables provided in Section 17.104.050 of this chapter;

5. A breakdown of units proposed for very low, lower, and moderate income, senior citizen, and/or market rate units; and

6. Any requested incentive(s) or concession(s), including an explanation as to why the incentive(s) or concession(s) is required for the housing development.

C. Information indicating that appropriate and sufficient infrastructure capacity (water, sewer, roadway) and water supply is available to serve the bonus units; D. Reasonable documentation to establish eligibility for the requested density bonus, incentive(s) or concession(s), waiver(s) or reduction(s) of development standards. The application shall identify upon which basis of Government Code Section 65915 the applicant elects to calculate its density bonus. If incentive(s) or concession(s) are requested, the application shall include an explanation of how the incentive(s) or concession(s) result in identifiable and actual cost reductions as described in Government Code Section 65915. If waiver(s) are requested, the application shall describe with a narrative and/or drawings how application of the development standard(s) the applicant seeks to waive would have the effect of physically precluding the construction of the proposed development at the densities and with the concession(s) or incentive(s) permitted. If a density bonus parking ratio is requested, the application shall identify which parking ratio in Government Code section 65915 applies and describe the characteristics of the proposed development or site that qualify the proposed development for that parking ratio.

E. If an applicant proposes to donate land to the city pursuant to Government Code Section 65915, the application shall provide evidence that each of the associated eligibility conditions has been met.

Item 6B63
F. If an applicant proposes to develop a childcare facility pursuant to Government Code Section 65915, the application shall show the location and square footage of the childcare facility and provide evidence that each of the associated eligibility conditions has been met.

D. A pro-forma illustrating the financial need for the density bonus and/or any requested incentives. The information that shall be included is as follows:

1. The project pro-forma shall include, but is not limited to: capital costs, operating expenses, return on investment, revenues, loan-to-value ratio and debt-coverage ratio, any contribution provided by subsidy programs, and the economic effect created by the use and income restrictions of the affordable units;

2. An appraisal report indicating the value of the density bonus and any incentive(s) requested; and

3. A source and use of funds statement identifying any projected financing gap of the project. The developer shall establish how much of the gap is covered by the density bonus units, and how much will be covered by the requested incentive(s).

GE. Any such additional information in support of a request for a density bonus, incentive(s), or concession(s) as may be requested by the planning and redevelopment department Planning Director.

17.104.040 Eligibility for Density bonus and Incentive(s) or Concession(s).

Project applicants shall be granted a density bonus and incentive(s) or concession(s) to the extent and subject to the terms required by California Government Code Section 65915 et seq. Any request for approval of a density bonus, incentive(s) or concession(s) pursuant to this section shall be made along with other related land use applications filed for the project as specified in Title 17 – Zoning of the City of Colfax Municipal Code.

A developer of a housing development containing five or more units may qualify for a density bonus and at least one other incentive as provided by this chapter if the developer does one of the following:

A. Agrees to construct and maintain at least five percent of the units dedicated to very low income households;
B. Agrees to construct and maintain at least ten (10) percent of the units dedicated to lower income households;
C. Agrees to construct and maintain at least ten (10) percent of the units in a common interest development (as defined in Section 1351 of the California Civil Code) dedicated to moderate income households, provided that all units in the development are offered to the public for purchase;
D. Agrees to construct and maintain a senior citizen housing development as defined in Section 17.104.020 of this chapter;
E. Donates land to the city dedicated for the construction of very low income units pursuant to Section 17.104.080 of this chapter; or
F. Includes a qualifying child care facility as described in Section 17.104.070 of this chapter in addition to providing housing as described in subsections A. through C. of this section.

17.104.050 Density bonus calculation and allowance.

Item 6B64
A. State Law Preemption. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approvals.

B. Density Bonus Calculation. An applicant must choose a density bonus from only one applicable affordability category in below subsection C. and may not combine categories with the exception of child care facilities or land donation, which may be combined with an affordable housing development, for an additional density bonus up to a combined maximum of thirty-five (35) percent.

C. Density Bonus Allowance. In calculating the number of units required for very low, lower and moderate income households, the density bonus units shall not be included. In no event shall a density bonus exceed thirty-five (35) percent. A housing development that satisfies all applicable provisions of this chapter shall be allowed the following applicable density bonuses:

1. Very Low Income. The density bonus for very low income units shall be calculated as follows:

Percentage of Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
Item 6B65

2. Lower Income. The density bonus for lower income units shall be calculated as follows:

Percentage of Lower Income Units Percentage Density Bonus 10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35

3. Moderate Income. The density bonus for moderate income ownership units shall be calculated as follows:

Item 6B66
Percentage of Moderate Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
Item 6B67
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35

4. Senior Citizen Housing Development. The density bonus for a senior citizen housing development that provides housing for seniors consistent with Section

17.104.040 of this chapter shall be twenty (20) percent.

5. Child Care Facility. A project (whether a housing, commercial, or industrial project) is eligible for a density bonus for a child care facility when in compliance with Section 17.104.070 of this chapter and California Government Code Section 65917.5.

6. Donation of Land. A project is eligible for the following density bonus for the donation of land when in compliance with Section 17.104.080 of this chapter:

Item 6B68
Percentage of Very Low Income Units Percentage Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
Item 6B69
30 35

7. Conversion of Apartments to Condominiums. A project is eligible for a twenty-five (25) percent density bonus for the conversion of apartments to condominiums when in compliance with California Government Code Section 65915.5.

7.104.060 Eligibility and application requirements for incentives.

A. Available Incentives. A housing development qualifying for a density bonus may be entitled to at least one incentive. Incentives may include, but are not limited to:

1. A reduction in site development standards such as:
a. Reduced minimum lot sizes and/or dimensions;
b. Reduced minimum lot setbacks;
c. Increased maximum lot coverage;
d. Increased maximum building height and/or stories;
e. Reduced street standards.

2. A reduction in architectural design requirements;

3. A density bonus greater than the amount required by this chapter;

4. Other regulatory incentives proposed by the developer or the city, which result in identifiable, financially sufficient, and actual cost reductions;

5. If an applicant qualifies for a density bonus pursuant to this chapter, the applicant may request, in addition to any requested incentive(s), that the following parking requirement be applied to the project in place of the city's current parking requirements. The parking requirement is inclusive of handicapped and guest parking for the entire housing development, but shall not include on-street parking spaces in the count towards the parking requirement:
a. Zero to one bedroom: one on-site parking space;
b. Two to three bedrooms: two on-site parking spaces;
c. Four or more bedrooms: two and one-half on-site parking spaces.

B. Eligibility for Incentives. Incentives are available to a housing developer as follows:

1. One incentive for housing developments that (a) restrict at least ten (10) percent of the total units to lower income households, at least five percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a common interest development, or (b) are for senior housing.

2. Two incentives for housing developments that restrict at least twenty (20) percent of the total units to lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a common interest development.

3. Three incentives for housing developments that restrict at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income Item 6B70
households, or at least thirty (30) percent for persons and families of moderate income in a common interest development.

17.104.070 Child care facilities.

A. Child Care Facility Density Bonus. When an applicant proposes to construct a housing development that is eligible for a density bonus under Section 17.104.040 of this chapter and California Government Code Section 65917.5, and includes a child care facility that will be located on the premises or adjacent to the housing development, the city shall grant either:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the square footage of the child care facility up to a combined maximum of thirty-five (35) percent of the project square footage without the density bonus; or

2. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. Child Care Facility Requirements. The city shall require, as a condition of approving the housing development, the following to occur:

1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable per this chapter; and

2. Of the children who attend the child care facility, the children of very low income households, lower income households or families of moderate income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low, lower or families of moderate income households.

C. Child Care Facility Criteria. The city shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

17.104.080 Donation of land.

A. Donation of Land Density Bonus. When a developer of a tentative subdivision map, parcel map, or other residential development donates land to the city, the developer shall be entitled to a density bonus above the otherwise maximum allowable residential density, up to a maximum of thirty-five (35) percent depending on the amount of land donated (see Section 17.104.050 of this chapter). This increase shall be in addition to any increase in density permitted by Section 17.104.040 of this chapter up to a maximum combined density increase of thirty-five (35) percent if an applicant seeks both the increase required by Section 17.104.040 and this section of this chapter.

The developer shall be eligible for the density bonus for the donation of land, if all of the following conditions are met:

1. The developer shall donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application;

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in Item 6B71
the amount not less than ten (10) percent of the residential units in the proposed development;

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The transferred land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income units on the transferred land, except that the city may subject the proposed development to subsequent design review if the design is not reviewed by the local government prior to the time of transfer;

4. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.104.110 of this chapter if required by financing programs or subsidy programs;

5. The land is transferred to the city or to a housing developer approved by the city. The city may require the developer to identify and transfer the land to the affordable housing developer; and

6. The transferred land shall be within the boundary of the proposed development or, if the city determines appropriate, within one-quarter mile of the boundary of the proposed development.

17.104.090 General guidelines.

A. Location of Bonus Units. As required by California Government Code Section 65915(g), the location of density bonus units within the qualifying housing development may be at the discretion of the developer, and need not be in the same area of the project where the units for the lower income households are located as long as the density bonus units are located within the same housing development.

B. Preliminary Review. A developer may submit to the planning and redevelopment department a preliminary proposal for the development of housing pursuant to this chapter prior to the submittal of any formal application for a density bonus. The city shall, within ninety (90) days of receipt of a written proposal, notify the housing developer in writing of either (1) any specific requirements or procedures under this chapter, which the proposal has not met, or (2) the proposal is sufficient for preparation of an application for density bonus.

C. Infrastructure and Supply Capacity. Criteria to be considered in analyzing the requested bonus will include the availability and capacity of infrastructure (water, sewer, road capacity, etc.) and water supply to accommodate the additional density.

17.104.050100 Findings for approval for density bonus and or incentive(s)Review process.

An application for a density bonus, incentive(s) or concession(s) will be processed concurrently with all other applications required for the development. When the application is complete, notice shall be given as required by Section 17.40.020 – Type A and a hearing shall be held by the Planning Commission. The Planning Commission shall make recommendations to the City Council regarding the proposed density bonus and incentive(s) or concession(s). The City Council's decision shall be final.

Item 6B72
A. Density Bonus Approval. The following finding shall be made by the approval authority in order to approve a density bonus request:

1. The density bonus request meets the requirements of this chapter.

B. Density Bonus Approval with Incentive(s). The following findings shall be made by the approval authority in order to approve a density bonus and incentive(s) request:

1. The density bonus request meets the requirements of this chapter;

2. The incentive is required in order to provide affordable housing; and

3. Approval of the incentive(s) will have no specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.

C. Denial of a Request for an Incentive(s). The approval authority shall make the following findings prior to disallowing an incentive (in the case where an accompanying density bonus may be approved, or in the case of where an incentive(s) is requested for senior housing or child care facility):

1. That the incentive is not necessary in order to provide for affordable housing costs as defined in Section

17.104.020 of this chapter, or for rents for the targeted units to be set as specified in Section 17.104.020 of this chapter.

2. That the incentive would result in specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.

17.104.060110 Affordable housing agreement required.

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus, incentive(s) or concession(s) have been granted, the applicant shall enter into a written agreement with the city for the mandated duration of affordability. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the applicant, and shall be recorded in the Office of the Placer County Recorder. The agreement shall be approved by the City Council and shall address all issues required by state law.

A. Agreement Required. In approving a density bonus, the associated permit or tentative map shall require that an affordable housing agreement, or other form of agreement as approved by the city attorney, effectuating the terms of affordability of the development be executed prior to effectuation of the permit or recordation of the final map.

B. Continued Availability. The density bonus request shall include the procedures proposed by the developer to maintain the continued affordability of all affordable income density bonus units and shall be evidenced by an affordable housing agreement as follows:

1. An applicant shall agree to, and the city shall ensure, continued affordability of all very low and low income units that qualified the applicant for the award of the density bonus for thirty (30) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 17.104.020 of this Item 6B73
chapter. Owner-occupied units shall be available at an affordable housing cost as defined in Section 17.104.020 of this chapter.

2. An applicant shall agree to, and the city shall ensure that, the initial occupants of the moderate income units are directly related to the receipt of the density bonus in the common interest development as defined in Section 1351 of the California Civil Code, are persons and families of moderate income, as defined in Section

17.104.020 of this chapter and that the units are offered at an affordable housing cost, as that cost is defined in Section 17.104.020 of this chapter. The city shall enforce an equity-sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following apply to the equitysharing agreement:
a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership.
b. For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
c. For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

15. Off-Street Parking and Loading.

Municipal Code section 17.108.040 is amended as follows:

17.108.040 Parking space requirements by use type.

The number of off-street parking spaces required for the land uses identified by Article III (regulations for the principal and special purpose zones) shall be as provided by this section, except where parking requirements are established by Article V (special area and specific use requirements) for a particular use, and except in the MU-1 zone where no on-site parking is required.

Municipal Code section 17.108.040(A)(3) is amended as follows:

3. Residential use types shall provide off-street parking spaces as follows:

RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Accessory Dwelling Units See Chapter 17.196
Caretaker/Employee Housing 2 per dwelling
Community Care Facility,
Small
2 per dwelling
Item 6B74
Community Care Facility,
Large
2 per dwelling plus 0.5 per sleeping room (a maximum of 2 spaces may be located within the front setback)
Dwelling
Multifamily
Studio 1.5 per unit, plus guest parking (see below)
1 Bedroom 1.5 per unit, plus guest parking (see below)
2+ Bedrooms 2 per unit, plus guest parking (see below)
Senior Citizen Apartments 1 per unit, plus guest parking (see below) Guest Parking Projects with 10 or more dwelling units shall provide 1 additional space for each 10 dwelling units or portion
thereof
Single-Family and TwoFamily2 per dwelling
Family Day Care Home, Small 2 per dwelling plus 1 space for loading Family Day Care Home, Large 2 per dwelling plus 1 space per employee not residing in the home, plus loading areas as required by Section

17.160.020B.

Mobilehome Park 2 per dwelling unit plus 1 guest space for each 10 dwelling units or portion thereof
Rooming and Boarding Houses 2 per dwelling plus 0.5 per sleeping room (a maximum of 2 spaces may be located within the front setback)
Transitional and Supportive
Housing
1 per staff member on-site during the largest shift plus one space for each bedroom
Second Units Same as Single-Family and Two-Family

16. Accessory Dwelling Units
Municipal Code Chapter 17.196 is amended as follows:

Chapter 17.196 SECOND ACCESSORY DWELLING UNITS

7.196.010 Purpose.

The purposes of this section are to improve affordable housing opportunities in the City and to protect the health, safety, and general welfare of the residents of the City. In addition, this section is intended to meet the requirements of state law regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) [California Government Code Sections 65852.2 and 65852.22]. It is the purpose of this section to maintain the single-family character of established single-family neighborhoods, while allowing for the possibility of second residential units on such lots.

17.196.020 Definitions.

As used in this section: “Accessory dwelling unit” (ADU) and “junior accessory dwelling unit” (JADU) have the same meanings as defined in Government Code Sections 65852.2 and 65852.22, respectively, as they now exist or may hereafter be amended or replaced. "Primary residential unit" means the first permanent residential structure built to serve as a dwelling unit on a parcel in an R-1 district.

Item 6B75
"Second residential unit" means the second permanent residential structure built to serve as a separate dwelling unit on a parcel in an R-1 district. Mobilehomes without a permanent foundation and recreational vehicles are not considered, and shall not be allowed as, second residential units.

17.196.030 administrative permit required Application for accessory dwelling unit permit.

A. Accessory dwelling units are permitted in all zones within the City where single-family or multi-family residential units are permitted, subject to the owner first obtaining an accessory dwelling unit permit from City staff. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in Sections

17.196.040 and 17.196.050 or is the type of accessory dwelling unit described in Section

17.196.060, shall be approved ministerially by the city planner by applying the standards herein and without a public hearing.

B. An application for an accessory dwelling unit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city planner on a city-approved application form and subject to the established fee.

A second residential unit may be permitted on a parcel in an R-1 district if an administrative permit is issued allowing it. The city may attach any conditions necessary to insure that the use is compatible with the neighborhood.

17.196.040 Development standards and requirements.

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

A. Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a single-family or multi-family residence as an existing or proposed primary unit on a lot.

B. Number of accessory dwelling units per lot.

1. For lots with proposed or existing single-family residences, no more than one (1) attached and one (1) detached accessory dwelling unit shall be permitted on the lot.

Notwithstanding the above, a lot with a single-family residence may also have one (1) junior accessory dwelling unit.

2. For lots with existing multi-family residential dwellings:
a. No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non-livable space of the existing building provided that applicable building codes are met; and
b. Up to two (2) of either of the following types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed.

C. Unit size and height standards.

1. The maximum floor area of an accessory dwelling unit shall not exceed either:

Item 6B76
a. Eight hundred fifty (850) square feet for an accessory dwelling unit that is a studio or one-bedroom unit; or
b. One thousand (1000) square feet for an accessory dwelling unit that has two or more bedrooms.

2. The maximum height of accessory dwelling units shall not exceed:
a. Sixteen (16) feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. b. Eighteen (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 the Colfax train station. If necessary to align with the roof pitch of the accessory dwelling unit with the roof pitch of the primary dwelling unit, the building height may be increased up to two additional feet. c. Eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
d. The maximum height limitation that applies to the primary dwelling for an accessory dwelling unit that is attached to a primary dwelling.

D. Building Code Compliance. All new accessory dwelling units must satisfy the requirements contained in the building code and fire code as currently adopted by the city, including applicable energy efficiency standards associated with Title 24 of the California Code of Regulations. However, fire sprinklers shall not be required if they are not required for the primary residence.

E. Fees and Charges.

1. City/public utilities.
a. All accessory dwelling units must be connected to public utilities, including water, electric, and sewer services.
b. Except as provided in subsection c below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values.
c. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling. d. Regardless of where it is located, for the purposes of calculating utility connection fees or capacity charges, accessory dwelling units shall not be considered a new residential use unless the accessory dwelling unit was constructed with a new singlefamily dwelling.

2. Impact Fees.
a. For accessory dwelling units of seven hundred fifty (750) square feet or larger, all impact fees applicable to accessory dwelling unit's construction shall be paid to the Item 6B77
city in amounts proportional to the size of the accessory dwelling unit relative to the square footage of the primary dwelling unit.
b. For accessory dwelling units less than seven hundred fifty (750) square feet or smaller, no impact fees shall be charged, unless otherwise allowed by state law. c. For purposes of this subsection, "impact fee" has the same meaning as specified in Government Code section 66000(b) and includes in-lieu park fees as specified in Government Code section 66477.

3. Application Fees. Application fees for an accessory dwelling unit shall be paid in an amount specified by resolution of the City Council.

F. Parking.

1. One on-site parking space shall be provided per accessory dwelling unit or per bedroom, whichever is less. The required parking space may be provided as:
a. Tandem parking on an existing driveway; or
b. Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the City.

2. No parking shall be required for a studio accessory dwelling unit that does not have a separate bedroom.

3. Notwithstanding the foregoing, no parking spaces shall be required for accessory dwelling units in the following instances:
a. It is located within one-half mile walking distance of public transit; b. It is located within an architecturally and historically significant district; c. It is part of a proposed or existing primary residence or an accessory structure; d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
e. Where there is a car share vehicle located within one block of the accessory dwelling unit.

4. 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 off-street parking spaces do not have to be replaced.

G. Deed Restriction: Except as allowed under the limited circumstances described in Government Code section 65852.26, an accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence. Prior to the issuance of a building permit for an accessory dwelling unit, the owner shall record with the county recorder a deed restriction in a form approved by the city that includes a prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence.

H. Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this ordinance. If so, a new, larger primary residence may be constructed.

I. Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

Item 6B78

1. The materials, colors, and architecture shall be similar to and compatible with those of the primary unit.

2. Accessory dwelling units shall comply with the height limitations of section

17.196.040(C)(2).

3. Accessory dwelling unit entrances shall be separate from the main entrance to the proposed or existing single-family residence.

4. Lighting shall not spill on to neighboring lots.

J. Accessibility standards. New construction of any ground level accessory dwelling unit shall be designed and constructed to allow for disability/accessibility standards. Plans shall demonstrate future entrance capability and actual construction shall include adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

K. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

L. For residential development, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

M. Any ADU taking advantage of reduced setbacks pursuant to Section 17.196.050 shall not have doors or windows within such setback unless required to meet health and safety requirements.

N. Accessory dwelling units approved under this Section 17.196.040 shall not be rented for a term of less than thirty (30) days.

O. Setback requirements.

1. No setbacks are required for accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

2. For all other accessory dwelling units, there must be a minimum of four feet from side and rear lot lines and they must comply with all other applicable front yard setbacks.

Second residential units must comply with the following standards, which are in addition to the general development standards set forth in Articles III and IV:

A. The second residential unit shall be in compliance with existing zoning requirements, including setbacks and lot coverage;
B. A second residential unit may be attached to or detached from the primary unit; C. In addition to the two off-street parking spaces required for the primary residential unit, two (2) additional off-street parking spaces shall be required for the second residential unit. The additional parking spaces may not be purchased or leased pursuant to subsection 17.108.040D. (purchase or lease of parking spaces); D. There shall be a maximum of one second residential unit per parcel; Item 6B79
E. The second residential unit shall conform in design, materials and color to the primary residence;
F. A minimum lot size of seven thousand five hundred (7,500) square feet shall be required;
G. Except in the case of smaller efficiency units allowed by law, the minimum allowable floor area for a second residential unit shall be four hundred (400) square feet. The maximum allowable floor area for a second residential unit shall be six hundred forty (640) square feet or thirty-five (35) percent of the original gross floor area of the primary unit, whichever is greater, up to a maximum of one thousand two hundred (1,200) square feet, unless otherwise specified by the planning commission; H. If attached, the secondary unit shall have a separate outside entrance or a hallway leading directly to the outside;
I. A second residential unit shall not be added on a parcel with a pre-existing primary residential unit which does not have a legal sewer connection or does not conform to this code. The second residential unit shall also be required to obtain a separate legal sewer connection.

17.196.050 Accessory dwelling units—Permitted regardless of compliance with other development standards and regulations.

A. Accessory dwelling unit permits shall be approved for the following types of accessory dwelling units, regardless of whether the application meets the development standards contained in this Title

17. 1. For lots with single family dwellings:
a. One interior accessory dwelling unit per lot constructed within an existing or proposed singlefamily or accessory structure, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing accessory dwelling structure to accommodate ingress and egress. The accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety; b. One new, detached accessory dwelling unit with a minimum four-foot side and rear setbacks, up to eight hundred (800) square feet and no more than sixteen (16) feet high on a lot with an existing or proposed single family dwelling; and
c. A junior accessory dwelling unit built within an existing or proposed single-family dwelling, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing single-family structure to accommodate ingress and egress. The accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. A junior accessory dwelling unit must also comply with the requirements of section 17.196.070 below.

2. For lots with existing multifamily dwellings:
a. Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi-family complex on the lot and at least one such unit shall be allowed. Units constructed pursuant to this subsection shall not exceed eight hundred (800) square feet in floor area; and Item 6B80
b. Up to two (2) of either of the follow types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed, provided they do not exceed eight hundred (800) square feet in floor area, are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks.

B. Accessory dwelling units approved under this Section 17.196.050 shall not be rented for a term of less than thirty (30) days.

C. Accessory dwelling units or junior accessory dwelling units approved under this Section 17.196.050 shall not be required to correct legal nonconforming zoning conditions.

17.196.0560 General plan.

In adopting this section, the city recognizes that the approval of second residential units may, in some instances, result in dwelling unit densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to second residential accessory dwelling units and that the adoption of these sections furthers the goals, objectives and policies of the general plan housing element.

17.196.070 Junior Accessory Dwelling Units.

A. Purposes: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and requires owner occupancy in the single-family residence where the unit is located.

B. Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.

C. Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owneroccupancy is not required if the owner is a governmental agency, land trust, or housing organization.

D. Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

E. Short term rentals: The junior accessory dwelling unit shall not be rented for periods of less than 30 days.

F. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling.

G. Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter, cooking appliances, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H. Parking: No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

I. Fire Protection; Utility Service: For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

Item 6B81
J. Deed Restriction: Except as allowed under the limited circumstances described in Government Code section 65852.26, prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record with the county recorder a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (C) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

Section B. The remainder of Colfax Municipal Code Title 17-Zoning shall remain in full force and effect. If any of the provisions of Colfax Municipal Code Title 17 – Zoning are inconsistent with the provisions of this Ordinance, then this Ordinance and the provisions hereof shall control any inconsistent interpretation.

Item 6B82

Colfax City CouncilSeptember 27, 2023

Colfax City Council
September 27, 2023