Gustine City Council
December 11, 2024

Chapter 4-32. Affordable Housing Incentives
Chapter 4-32. Affordable Housing lncentives
1 Sections
Sec. 4-30-010. Intent and purpose.

This Chapter is being enacted: a) to provide incentives for the production of housing for very low income, low income, moderate income and senior citizen households; b) to provide incentives for the creation of rental housing serving lower and moderate-income households; and c) to implement California Government Code $5 65915, 65915.5, and 65917, as required by $ 65915(a). In enacting this Chapter, the City also intends to implement the goals, objectives, and policies of the City's general plan housing element to encourage the construction of affordable housing in the City. It is also the City's intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the City desires to provide a density bonus upon the request of an applicant when the applicant includes affordable or senior citizen restricted units in a project. This Chapter implements the laws for density bonuses and other incentive and concessions available to qualified applicants under California Government Code§§ 65915 through 65918. In the event these California Government Code Sections are amended, those amended provisions shall be incorporated into this Chapter as if fully set forth herein. (Ord. No. 482, 8 2(Exh. A), 3-6-18)
Sec. 4-32-020. Definitions.

For purposes of this Chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this Chapter its most reasonable interpretation. "Affordable ownership cost" means the average annual housing costs, including mortgage payments, property taxes, homeowner's insurance, and homeowners' association dues, if any, which do not exceed the following:

1. Very low-income households: 50 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.

2. Lower income households: 70 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.

3. Moderate income households: 110 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent. "Affordable rent" means the annual rent, including utilities and all fees for housing services, which does not exceed the following:

1. Very low-income households: 50 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent. 1 Editor's note(s)-Ord. No. 482, 52(Exh. A), adopted Mar. 6, 2018, repealed the former Ch. 4-32, §§ 4-32-010-4-32-080, and enacted a new Ch. 4-32 as set out herein. The former Ch. 4-32 pertained to similar subject matter and derived from the 2008 Zoning and Subdivision Code.

Draft 2024

City of Gustine
Zoning and Subdivision Code

2. Lower income households: 60 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent. "Affordable units" means dwelling units that are affordable to very low, lower, or moderate-income households as defined by this Chapter or by any federal or state housing program and are subject to rental, sale, or resale restrictions to maintain affordability. "Applicant" means a developer or organization applying for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of this Chapter pursuant to Section 65915, subdivision (bl, of the California Government Code. "Area median income" means the median income for Merced County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision.
"Assumed household size based on unit size" means a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter. "Child Care Facility" is defined as a facility installed, operated. and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. "Child Care Facility Density Bonus" means a floor area ratio bonus over the otherwise maximum allowable floor area permitted under the applicable zoning ordinance and land use elements of the general plan of the City of Hayward of the following amounts:A maximum of five(5)square feet of floor area for each one square-foot of floor area contained in the Child Care Facility for existing structures: or a maximum of ten (10) square feet of floor area for each one square-foot of floor area contained in the Child Care Facility for new structures. "Commercial development bonus" means a modification of development standards mutual Iv agreed upon by the City and a commercial developer and provided to a commercial development eligible for such a bonus. Examples of a commercial development bonus include an increase in floor area ratio or increased building height.
"Common interest development" means as defined in California Civil Code Section 1351, a common interest development may include a community apartment project, a condominium project, a planned development, or a stock cooperative.
"Condominium Conversion Density Bonus" means an increase in units of twenty-five percent(25%) over the number of apartments, to be provided within the existing structure or structures proposed for conversion.
"Density bonus" means a density increase over the otherwise allowable zoning maximum residential density on a site as of the date of application by the applicant to the City, granted pursuant to Chapter 4-32.
"Density bonus units" means dwelling units granted pursuant to Chapter 4-32 which exceed the otherwise allowable zoning maximum residential density for a housing development. "Household income" means the combined adjusted gross household income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision. "Housing development" means one or more groups of projects to construct dwelling units in the planned development of the City. Housing development also includes a subdivision or common 2

Chapter 4-32. Affordable Housing Incentives
interest development, as defined in California Civil Code Section 1351, approved by the City and consisting of dwelling units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available dwelling units. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.
"Incentive and concessions" means regulatory concessions as listed in Section 4-32-060 of this Chapter.
"Lower income household" means as defined in California Health and Safety Code Section 50079.5 lower income persons and families are those whose incomes do not exceed the qualifying limits for low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 which is 70 percent of area median income, adjusted for family size and revised annually.
"Market rate unit" means a dwelling unit which is not an affordable unit or an inclusionary unit. "Maximum residential density" means the maximum number of dwelling units permitted by the Zoning Code and Land Use element of the general plan or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and community development element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the community development element of the general plan, the general plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this Chapter.
"Moderate income household" means persons and families of low or moderate income; means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.
"Senior citizen housing development" means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units) and Section 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
"Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. Mere inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. "Very low-income household" means as defined in California Health and Safety Code Section 50105, very low-income persons and families are those whose incomes do not exceed the qualifying limits for very low-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 which is 50 percent of area median income, adjusted for family size and revised annually.

Draft 2024 3

City of Gustine
Zoning and Subdivision Code
(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-030. Types of bonuses and incentives allowed. h.A. lfa housing development qualifies fora density bonus under more than one income category. or additionally as a senior citizen housing development as defined in California Government Code 565915-65918,or as housing intended to serve transitional foster youth, disabled veterans,homeless persons, or lower income students,the applicant_shall identify_the categories under which the_density bonus would_be associated and granted.Density bonuses from more than one category can be combined up to the maximum allowed under California Government Code § 65915 - 65918.

A.B. Very low and lower income housing and senior citizen housing.

Upon written request to the City, an applicant for a housing development is eligible for one density bonus as specified in subdivision (f)of Government Code f Section-65915 of 20 percent ever the maximum residential density [except in the case of senior citizen housing, as-provided below), provided that the applicant agrees to construct the housing development in accordance with one of the following criteria:

1. Very low-income households. Five percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low-income households; Or

2. Lower income households. Ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to lower income households.; or

3. Senior citizen housing development. For senior citizen housing developments, the density bonus shall be 20 percent of the number of senior housing units provided. 4 Housing developments for transitional foster youth, disabled veterans or homeless persons. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section66025.9pf the Education Code, disabled veterans,as defined_in Section 18541,or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units;of

5. Student housing development. Twentv percent of the total units for lower--income students in a student housing development meets the requirements of Government Code § Section 65915 (b)(F)()±er.

6. One hundred percent affordable. One hundred percent of all units in the development, including total units and densitv bonus units, but exclusive of a manager's unit or units, are fgr lower--income households,as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 twenty percent of the units in the development, including total units and density bonus units,may be for moderate-income_households,as defined in Section 50053 of the Health and Safety Code
4

Chapter 4-32. Affordable Housing Incentives
B. Moderate income housing.

Upon written request to the City, an applicant for a housing development is eligible for one density bonus of five percent over the maximum residential density if the applicant agrees to construct the housing development in accordance with all of the following criteria:

1. At least ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate income households; and

2. The housing development is a common interest project as defined by California Civil Code Section 1351; and

3. All of the dwelling units in the housing development are offered for sale to the public.

C. Higher density bonus for greater contribution of affordable units. l. Upon written request to the City, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate-income housing units exceeds the base percentage established in subsection A or B of this Section, as follows:Government Code 5 Section65915,andamended from_time to time

2. An additional density bonus may be granted provided that the resulting housing development would not restrict more than 50 percent of the total units to moderateincome, lower--income, or very low--income households and when an applicant proposed to construct a housing development that conforms to the requirements of Government Codes Section65915and_meets the following requirements
a. 24percent of the total units to lower--income households. b. 15 percent of the total units to very low-income households c. 44 percent of the total units to moderate-income households.

3. An_additional density bonus shall be granted_fora_housing development that meets the requirements of section C.1.above, calculated as follows; 5 20
6 23 75
7 27s5
8 31.25
9 35
10 38.75
5 20
Draft 2024 5

City of Gustine
Zoning and Subdivision Code
Table 22 Moderate-Income Units
Pe[CCqr.ifs [teer ln ors tiS gr@revs tr -SC"t-='Ct
5 20
6 225
7 25
8 275
9 30
10 325
11 35
12 38.75
13 42.5
14 46.25
,.,__
15 so

4. The_increase required shall be in addition to any increase in density granted by subdivision lb)Government Code s Section-65915(b)

1.5.The additional density bonus required shall be calculated using the number of units excluding any density bonus awarded by this section,

1. 6
Nery low-income units. For each one percent increase above five percent in affordable units for very low-income households, the density bonus shall be increased by two and one half percent up to a maximum of35 percent, as followsPage 133 of 268 Chapter 4-32. Affordable Housing Incentives
5 6
8 9
350
Lower income units. For each one percent increase abovte en percent in the affordable units for lowier ncome households, the densibty onus shall be increased by one and one-half percent up to amaximum of 35 percent, as shown in Table 2. 10 20.0
11 215
--
12 23.0
13 24.5
14 26.0
15 27.5
16 29.0
17 30.5
18 32.0
19 33.5
20 35.0
Draft 2024 7

City of Gustine
Zoning and Subdivision Code
Moderate income units. Feor ach one percenit ncrease aboteve n percent in affordable units offered for sale to moderate income households, the density bonus shall be increased by one percent up to maximum 35percent, as showin n Table 3.

Table 3Moderate Income Units
8

Chapter 4-32. Affordable Housing Incentives
f. + ie 4 ff ! st ff, 4 [ v e res ! t et' t + +
76Tl_ NILL INK,I Ii% IL1[LI1] %
10 5
11 6
12 2
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
30 25
31 26
32 27
Draft 2024 9

City of Gustine
Zoning and Subdivision Code
30 38
40 D. Continued affordability.

Affordable units qualifying a housing development for a density bonus shall remain affordable as follows:

1. Very low income and low-income household units shall remain affordable to the designated income group for a minimum of 30 years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.

2. Moderate income household units shall remain affordable for a minimum of 30 years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program applicable to the dwelling units.

E. Specification of basis for density bonus.

Each applicant who requests a density bonus pursuant to this Section, shall elect whether the bonus will be awarded on the basis of subsection A.l, A.2, A.3, or B of this Section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development. Density bonuses from more than one of these categories may not be combined.
(Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-040. Additional density bonus for donations of land.

A. Land suitability.

Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development approval qualified for a density bonus pursuant to Section 4-32- 030 of this Chapter also donates land to the City in accordance with this Section, the applicant shall be entitled to an additional density bonus. Applicants donating land to the City shall be 10

Chapter 4-32. Affordable Housing Incentives
eligible for an additional 15 percent density bonus at the site of the housing development if the donated land is suitable for the construction of very low-income units equaling at least ten percent of the market rate units being constructed for the project. The density bonus provided pursuant to this Section shall be in addition to any density bonus granted pursuant to Section 4- 32-030 of this Chapter, up to a maximum combined density bonus of 35 percent.

B. Qualification criteria.

To qualify for the additional density bonus described in subsection A of this Section, the donation of land must meet all of the following criteria:

1. The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to Section 4-32-030 of this Chapter; and

2. The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and

3. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low-income households in an amount not less than ten percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and

4. The donated land is at least one acre in size or is large enough to permit development of at least 40 units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and

5. No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the City may subject the proposed housing development to subsequent design review to the extent authorized by California Government Code Section 65583.2 Subsection (i) if the design is not reviewed by the City prior to the time of transfer; and

6. The donated land is subject to a deed restriction ensuring continued affordability of the very low-income units consistent with Section 4-32-030.D. of this Chapter, which deed restriction shall be recorded upon the donated property at the time of its transfer; and

7. The land will be transferred to the City, or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and

8. The land is within the boundary of the proposed housing development or within one-fourth mile of the boundary of the proposed housing development; and

9. No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low-income units shall be identified.

Draft 2024 11

City of Gustine
Zoning and Subdivision Code
C. Additional density bonus based on greater suitability of land for very low-income housing.

For each one percent increase above the minimum ten percent in the number of very lowincome housing units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent, up to a maximum of 35 percent, as follows.

Table 4 Land Donation
Percentage of Very Low-Income Units That Can Be
Accommodated on Donated Land Percentage of Additional Density Bonus 10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 15
16 17
18 19
.,....-?
20 21
22 23
24 25
26 - 27
28 29
30 31
32 33
34 35
(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-050. General provisions governing density bonus calculations.

A. For the purposes of any provisions in this Chapter, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.

B. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number.

C. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon 12

Chapter 4-32. Affordable Housing Incentives
individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located.

D. For the purposes of this Chapter, the "total units" or "total dwelling units" in a housing development does not include those units added by any density bonus.

Table 5 Density Bonus Summary
Types of Affordable Percent of Affordable
Units Providing Additional Bonus for Units Required for Eligibility for A Density Bonus Each 1% Increase in Maximum 9% Bonus Minimum Percent Granted Affordable Units Bonus
Very Low Income
Lower Income
Moderate Income
Senior Citizen Housing
Land Donation for Very
Low-Income Housing
5%
10%
10%
Qualified development
Land donated can
accommodate 10% of
market rate units, plus
housing development
qualified for density
bonus as an affordable
or senior project.
20%
20%
5%
20% of the
units
15%

2.5% bonus through
11% of units
3 75% from 11%--15%
of units

1.5% bonus through
20% of units

3.75% from 20%--24%
of units
1%_bonus through 0%
of units

3.75% from 41%--44%
1%
151%for50%max
240% for 50%max
4044%
30% of market rate
units (assuming
housing development
provides 5% very lowincome units) for 35%
max
(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-060. Incentives and concessions for affordable housing.

A. A Definition of a qualified incentive or concession.

PAs-per Government Codes Section65915,as itmay be modified from time to time, the Applicant shall submit a Density Bonus Application, for the specific incentives or concessions that the Applicant requests. The City shall grant the concession or incentive reauested by the Applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:

1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, or for rents for the affordable housing units; or

1.2.The_concession or incentive would haye a specific adverse impact upon publichealthand safety, or on any real property that is listed in the Federal Register of Historic Resources, the California Register of Historical Resources. or the City's List of Officially Designated Architecturally and Historically Significant Buildings and for which there is no feasible Draft 2024 13

City of Gustine
Zoning end Subdivision Code
method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Low and Moderate Income households; or

3. The concession or incentive would be in compliance with state or federal law.

B. Aqualifying project shall be entitled to at least one but no more than three of the following incentives identified by state law:

8. 1 A reduction in the parcel development standards (e.g. coverage, setback, zero lot line and/or reduced parcel sizes, architectural design requirements and/or parking requirements). Development standard means any ordinance, general plan element, specific plan, condition, law, policy, resolution, or regulation. In no case may the City apply a development standard that will have the effect of precluding the construction of affordable units. A waiver or modification to development standards may be requested by the applicant, and shall be approved unless such waiver or modification creates an adverse impact as described in subsection C.2, below.

1. The City shall consider the following modifications in parcel development standards as an incentive for a qualifying affordable housing project:
a. Athirty30 percent60%)reduction in minimum lot size and reduction in minimum lot dimensions to accommodate the reduced minimum lot size. b. A_height increase of20 twentypercent[0%), or enough to accommodate one additional story, whichever is greater.
c, A20twentypercent(29l-reduction in setback requirements, provided these reductions do not affect any easement, right-of-way, safety code, or dedication as determined by the City Engineer.
d. Atwent2Oy percent[O)reduction in parking requirements for sites located outside transit-rich areas, as defined by California Public Resources Code§ 21064.3. g. A_fifteen15percent[l5%)reduction inopen space requirements. f. AI5percent increase in lot coverage.
2 2. Approval of mixed--use zoning in conjunction with the housing project if nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and existing or planned development in the area where the proposed development will be located. 32 Other regulatory incentives or concessions proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions.

2. 14

Chapter 4-32. Affordable Housing Incentives
C. Number of incentives or concessions.
1_ As defined in Government Code 5Section65915,as it may be modified from timeto time, projects that include certain percentages of affordable units qualify for various incentives or concessions from development standards.Thenumber of incentives or concessions that may be requested and granted shall be based upon the number the applicant is entitled to pursuant to Government Codes Section65915
The number of incentives shall be based on the percentage of affordable units in the project:

I. One incentive or concession shall be entitled for projects where at least we percent of the total units are for very low-income households, ten percent of the total units are for lower income households, or ten percent of the total units in a common interest development are sold to moderate income households-.

2. -Two incentives-or concessions shall be entitled for projects where at least ten percent of the total units are for very low income households, 20 percent of the total units are for lower income households, or at least 20 percent of the total units in a-common interest development are-sold to moderate income households.
3, Three incentives or concessions shall be entitled for projects where at least 15 percent of the total units are for very low income households, 0 percent of the total units are for lower income households, or 0 percent of the total units in a common interest development are sold to moderate income households,
Very Low lcome 5% 10% 15%
low4ncome 10% 20% 30%
- «
Moderate Income 10% 20% 30%
lamum incentive#s)/concession(s) l 2 3
-Ao incentive-or concession may be requested only-if an application is also made for a density bonus centives-or concessions may be 5elected from only one category+ werr low,lower or moderate) o-incenRiwes er-concessions-are available for land denation CD. Findings to deny incentive or concession.

The City shall grant the incentive or concession requested by the applicant unless the City makes a written finding based upon substantial evidence of any of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units; or

2. The concession or incentive would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse without rendering the development unaffordable to low and moderate-income households. A specific adverse impact means a significant, unavoidable impact, as provided in written standards, policies, or conditions; or
Draft 2024 15

City of Gustine
Zoning and Subdivision Code

3. The incentive or concession would be contrary to state or federal law.

ED. Exceptions.

This Section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirements. Nor does any provision of this Section require the City to grant an incentive or concession found to have a specific adverse impact.

E. Amendment, zone change.

The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
(Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-070. Waivers and modifications of development standards.

A. Applicants granted a density bonus pursuant to Section 4-32-030 of this Chapter may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this Chapter. The applicant may also request a meeting with the City to discuss such request for waiver and modifications.

B. In order to obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Section 4-32-030 of this Chapter, at the densities or with the concessions or incentives permitted by this Chapter.

C. A proposal for the waiver or reduction of development standards pursuant to this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 4-32-060 of this Chapter.

D. The City may deny a request for any waiver, modification or reduction of development standards if the wavier, modification or reduction would have a specific adverse impact.

E. If a 100percent% affordable project is located within a half mile of a major transit stop, the local government may not impose any maximum density limits at all, and the project is further entitled to receive a maximum height increase of up to three additional stories or 33 feet.

However,if the proiectreceives a waiver from_maximum controls on density,it is not eligible for the waiver or reduction of any development standards which would otherwise be available. 100% affordable projects are also entitled to a fourth incentive or concession. (Ord. No. 482, § 2(Exh. A), 3-6-18)
16

Chapter 4-32. Affordable Housing Incentives
Sec. 4-32-080. Parking incentives.

A. Upon the written request of the applicant for a housing development meeting the criteria for a density bonus under Section 4-32-030 of this Chapter, the City shall not require a vehicular parking ratio that exceeds the following:

1. Zero to one bedroom units: One onsite parking space.

2. Two to three bedroom units: Two onsite parking spaces.

3. Four and more bedroom units: Two and one-half parking spaces.

B. Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking. For purposes of this Chapter, the parking ratios set forth in this Section shall be deemed a concession or incentive available to the applicant under Section 4-32-060 of this Chapter.

C Special parking requirements Lower parking ratios apply to specified projects, l. Rental/for sale projects with at least 1]percent9%very low-income or 20%percent lowerincome units, within /one-half mile of accessible major transit stop: one-half parking space.

2. Rental projects 100percent9% affordableto lower--income households, within one-half1/2 mile of accessible major transit stop: zero parking spaces.

3. Rental senior projects 10@percent9% affordable to lower-income households,either with paratransit service or within 1/lone--half mile of accessible bus route(operating at least eight times per day): zero parking spaces.

4. Rental special needs projects 100percent% affordable to lower--income households, either with paratransit service or within onel/R-half mile of accessible bus route(operating at least eight times per day): zero parking spaces.
5, Rental supportive housing developments 100%percent affordable to lower--income households: zero parking spaces.

D Onsitespaces may be provided through tandem or uncovered parking,but not on--street parking. Requesting these parking standards does not count as an incentive or concession, but the developer may request further parking standard reductions as an incentive or concession. (Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-090. Standards for density bonus housing developments.

A. Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market rate units in terms of appearance, materials, and finished quality. The applicant may reduce the Draft 2024 17

City of Gustine
Zoning and Subdivision Code
interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of this zoning and subdivision code.

B. For developments with multiple market rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market rate unit mix.

C. All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. (Ord. No. 482, § 2(Exh. A), 3-6-18)
Sec. 4-32-100. Application requirements.

A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Section shall be submitted with the first approval of the housing development commercial development, or mixed-use development and processed concurrently with all other applications required -for the housing development.

B. For affordable units qualifying the housing development for a density bonus, the application shall include the following information:

1. A site plan identifying the base project without the density bonus, number and location of all inclusionary units, affordable units qualifying for the project for a density bonus, and proposed density bonus units; and

2. Proposed category(ies) qualifying the housing development for a density bonus; and

3. Level of affordability of all affordable and inclusionary units and proposals for ensuring affordability, if applicable; and

4. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards.

5. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 4-32-040 of this Chapter can be made. 6_ A_description of all dwelling units existing on_the site in the five-year period preceding the date of_submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on th.e site were rented in_the_five-year period but arenotcurrently rented,the income_and_household_size of residents occupying dwelling units when the site contained the maximum number of dwelling units. if known. (See Section4-22-079, Required Replacement of Affordable Units.)

7. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very_-low- pr lower--income households in the fiveyear period preceding the date of submittal of the application. (See Section 4-22-079, Required Replacement of Affordable Units.)
18

Chapter 4-32. Affordable Housing Incentives

6.8_If a density bonus is requested for aland donation, the location of theland to be dedicated, proof of site control, and_reasonable documentation that each ofthe_requirements_included in California Government Code&Section-65915,subdivision(g)can be met.

C. Upon submission of the application to the City, the Planning Director or designee shall determine if the application is complete and conforms to the provisions of this Chapter. No application for a first approval for a housing development requesting a density bonus, incentives, concessions, or waivers may be deemed complete unless an affordable housing plan is submitted conforming to the provisions of this Chapter.

D. A request for a minor modification of an approved application may be granted by the Planning Director City Manager or designee if the modification is substantially in compliance with the original application and the conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original application. (Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-110. Application review.

A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Chapter shall be reviewed as part of the first approval of the housing development by the approval body with authority to approve the housing development, unless additional review by the Planning Commission or City Council is required.

An applicant proposing a housing development pursuant to this Chapter, may submit a preliminary application prior to the submittal of any formal request for approval of a housing development.

8. Within 90 days of receipt of the preliminary application the City shall provide to an applicant, a letter which identifies project issues of concern (the maximum financial assistance that the Planning Director can support when making a recommendation to the City Council), and the procedures for compliance with this Chapter. The Planning Director shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section 4-32-060 of this Chapter shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the Planning Director, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

C. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:

1. The housing development is: a) eligible for a density bonus, and/or b) any concessions, incentives, waivers, modifications, or reduced parking standards requested conform to all requirements of this Chapter, and c) supported by a financing mechanism for all implementation and monitoring costs.

2. If the density bonus is based all or in part on dedication of land, the application meets the qualifications and findings stated in Section 4-32-040 of this Chapter.

3. If a waiver or modification is requested, the applicant has shown that the waiver, modification or reduction of development standards meets the qualifications and findings stated in Section 4-32-070 of this Chapter.

Draft 2024 19

City of Gustine
Zoning and Subdivision Code
D. If the findings stated in subsection C of this Section can be made, and a request for an incentive or concession is otherwise consistent with this Chapter, the approval body may deny a concession or incentive based upon written findings of any of the factors stated in Section 4-32- 060 of this Chapter for the denial or disqualification of a concession or incentive.

E. If the required findings stated in subsection C of this Section can be made, and a request for a waiver or modification is otherwise consistent with this Chapter, the approval body may deny the requested waiver or modification based upon written findings of any of the factors stated in Section 4-32-070 of this Chapter for the denial or disqualification of a waiver or modification.

F. Nothing in this Section shall be interpreted to require the City to grant an incentive or concession or to waive or reduce development standards if that incentive, concession, waiver, or reduction has a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

G. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed pursuant to Chapter 4-74 (Appeals) of Article 7 (Zoning and Subdivision Code Administration) of the Gustine Zoning and Subdivision Code. In accordance with state law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
(Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-120. Developer affordable housing agreement.

A. Applications requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Planning Director, who shall formulate a recommendation to the Planning Commission for final approval. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this Chapter and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.

B. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest. (Ord. No. 482, 5 2(Exh. A), 3-6-18)
Sec. 4-32-130. SB 35- Streamlined affordable housing.

A. Eligibility.

California Senate Bill 35 (SB 35) created a "streamlined ministerial approval process" for certain housing orojects under Government Code§ 65913.4. To qualify for the "streamlined ministerial approval process," the project must satisfy the eligibility requirements listed in the checklist below:
20

Chapter 4-32. Affordable Housing Incentives
1_ The_development is a multi-family_housing developmentthatcontains two)or more residential units.

2. The site is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau. or. for unincorporated areas. a legal parcel or parcels whollv within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

3. The_developmentislocated on a site in which at least75percent%of the perimeterofthe site adjoins parcels that are developed with urban uses (including parcels thatare only separated by a street or highway). "Urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

4. The development is located on a site that is zoned for residential use or residential mixeduse development, or has a general plan designation that allows residential use or a mix of residential and non-residential uses.
5 Atleast two-thirds of the square footage of the development is designated for residential uSe
a_ Atleast1Q percent of the proposed_residential units smust be dedicated_as affordable to households at or below 80 percent AMI for either rental or ownership projects

6. The development did_not or does not involve a subdivision of a parcel that is or would otherwise be subject to the Subdivision Map Act (Government Code§ Section 66410 et seq) or any other applicable law authorizing the subdivision of land,unless either pf the following apply:
a. The development has or will receive financing through a_low--income housing tax credit and is subject to the reauirement that prevailing wages be paid pursuant to Government Code 6Section65913.4(a)(8)(A)
b. The development is subiect to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to Government Code$ Section 65913.4(a)(8)

7. The_development isnot on an existing parcel gfland gr_site that is governed under the Mobllehome Residency Law (Chapter 2.5 (commencing with Section 798)of Title 2 of Part 2 of Division 2 of the Civil Code) the Recreational Vehicle Park Occupancy Law [Chapter2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860)of Division 13 of the Health and Safety Code)

8. The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards,and objective design review standards ineffectatthe time that the development is submitted to the local government,
Draft 2024 21

City of Gustine
Zoning and Subdivision Code

9. The development proponent shall demonstrate that, as of the date the application is submitted,the development isnot located onalegal parcel(s]thatisanyof the following a. Within a coastal zone, as defined in Division 20 (commencing with section 30000)of the Public Resources Code.
b. Prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on_the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure_that was approved by the voters of that locality.
c. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21,1993).
d. Within a very high fire hazard severity zone, as determined by_the Department of Forestry and Fire Protection pursuant to Section51178,or within a high or very high fire hazard severity zone as indicated onmaps adopted by the Department of forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from_the specified_hazard zones bya local agency, pursuant to subdivision (b) of Section51179,or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable_to the development,
e. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. f. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)of Division 13 of the Health and Safety Code), and by any local building department
g. Within a special flood hazard area subject to inundation by the onel percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (ii) The site meets Federal Emergency Management Agency requirements_necessary_to_meet minimum floodplain_management criteria_of the National Flood Insurance Program pursuant to Part59(commencing with Section59.1] 22

Chapter 4-32. Affordable Housing Incentives
and Part 60 (commencing with Section60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations
h. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the developmenthas_received_ano-rise certification_in_accordance with Section

60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did_not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. i. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act(Chapter10 [commencing with Section 2800)of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), or other adopted natural resource protection plan. j, Habitat for protected species identified as candidate, sensitive,or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973(16US.C Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10(commencing with Section 1900)of_Diyision 2 of the Fish and Game Code) k. Lands under a conservation easement.

I. The development would require the demolition of a historic structure that was placed pn a national, state, or local_historic register,
B. Fees.

The Council shall establish a schedule of fees for the processing of the applications required by this Zoning and Subdivision Code, hereafter referred to as the City's Fee Schedule, C. Project application submittal requirements.

1. Applicants must submit a "preliminary application" with a notice of intent to invoke the provisions of $8 35.

2. Prior to accepting an SB 35 application, the City must consult with Native American tribes based on the submitted notice of intent.

3. [fthe_developmentisinamoderate_resource area,low resource area,oranarea pf high segregation and poverty.as shown on the CTCAC/HCD Opportunity Map, the City is required to hold a public meeting within 45 days of receiving a notice of intent and before the developer submits an SB 35 application.

4. Once the tribal consultation and public meeting, if required, are completed. the developer is eligible to submit an SB 35 application which shall include:
a Proiect eligibility for SB35reiew; and
b. Architectural Review application and subdivision application materials (if required) Draft 2024 23

City of Gustine
Zoning and Subdivision Code
D. Parking requirements.

A minimum of one off-street parking space per unit shall be provided unless the project site meets one of the following criteria:
l tis located within a mile of public transit
2, It is located within an architectural Iv or historically significant historic district.

3. It is within one block of a car share vehicle with a fixed position.

4. There is anon-street parking permit program which isnot offered to the occupants of the project.

E. Timelines.

SB 35 establishes mandatory timelines for lead agencies to complete their streamlined review.

Lead agencies must determine if a project is eligible for streamlining within:

1. 60 days of application submittal for projects of 150 or fewer units, or

2. 90 days of application submittal for projects containing more than 150 units.

F. California Native American Ttribales notification.

Within 30 calendar days of receiving the applicant's "preliminary application" for SB 35, the lead agency must provide formal_notice to each California Native American [tribe about the proposed development. The formal notice must include the location and description of the proposed development and an invitation to engage in a scoping consultation. Each Tribe then has 30 calendar days to respond and accept the invitation to engage in consultation, and after receiving the acceptance invitation, the agency has 30calendar days to initiate consultation.If there is no response to the notification of Intent or an agreement reached in a scoping consultation and the project application is deemed complete and qualifies for SB35review, the project is eligible for SB 35 ministerial approval. If an agreement with one or more tribes is not reached, a project is not eligible for SB35approval.Provided that the notification and scoping session result in either an agreement or no response, SB 35 timelines shall commence provided an application is submitted
24

This page intentionally left blank
Draft 2024
Chapter 4-32. Affordable Housing Incentives
25

Chapter 4-36. Parking and Loading
Chapter 4-36. Parking and Loading
Sections
Sec. 4-36-010. Purpose.

The requirements of this Chapter are intended to ensure that sufficient off-street parking facilities are provided for all uses, and that parking facilities are properly designed, attractive, and located to be unobtrusive while meeting the needs of the specific use.

Sec. 4-36-020. Applicability.

Each land use and structure, including a change or expansion of a land use or structure shall provide offstreet parking and loading areas in compliance with this Chapter. A land use shall not be commenced and a structure shall not be occupied until the improvements required by this Chapter are completed and approved by the Director.

Sec. 4-36-030. General parking regulations.

A. Parking and loading spaces to be permanent.

Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve. The approval of a Limited Term Permit (Section 4-62-030) may allow the temporary use of a parking or loading space for other purposes.

B. Parking and loading to be unrestricted.

An owner, lessee, tenant, or other person having control of the operation of a premise for which parking or loading spaces are required by this Chapter shall not prevent, prohibit or restrict authorized persons from using the spaces without the prior approval of the Director.

C. Vehicles for sale.

No vehicle, trailer or other personal property shall be parked on private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, approved by the City for that use, and the person or business at that location is licensed to sell vehicles, trailers, or other personal property. However, one vehicle or trailer owned by the owner, renter, or lessee of the property may be displayed for the purpose of sale for a maximum of one month.

D. Recreational vehicle parking.

The storage (parking for any period longer than 72 hours) of a recreational vehicles and/or boat in a residential zoning district shall be allowed only when all portions of the vehicle or boat are located entirely within the property boundaries and do not extend into the public right-of-way. Parking within setback areas shall also comply with Section 4-30-090.D (Limitations on the Use of Setbacks).

Draft 2024

City of Gustine
Zoning and Subdivision Code
Sec. 4-36-040. Number of parking spaces required.

Each land use shall be provided the number of off-street parking spaces required by this Section.

See Sections 4-36-100, and 4-36-110 for off-street parking requirements for bicycles and motorcycles, respectively.

A. Parking requirements by land use.

1. Each land use shall provide the number of off-street parking spaces required by Table 3-7, except where a greater number of spaces is required through Use Permit approval.

2. A land use not specifically listed by Table 3-7 shall provide parking as required by the Director. The Director shall use the requirements Table 3-7 as a guide in determining the number of off-street parking spaces required.

3. In any case where Table 3-7 establishes a parking requirement based on floor area in square feet (for example: 1 space per 1,000 sf of floor area), the floor area shall be construed to mean gross interior floor area.

B. Expansion of structure, change in use.

When a structure is enlarged, or when a change in its use requires more off-street parking than the previous use, additional parking spaces shall be provided in compliance with this Chapter except where the number of additional spaces required is 10 percent or less of the number of existing spaces. See also Chapter 4-72 (Nonconforming Uses, Structures, and Parcels).

C. Multi-tenant sites.

A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as an integrated center with shared parking and no spaces reserved for a particular use, parking shall be provided as required by Table 3-7 for a shopping center. When a multi-tenant center includes one or more uses that will need more parking than retail uses (for example, a fitness center, restaurant, or theater) additional parking shall be required for the non-retail use unless a parking reduction is approved in compliance with 4-36-050 (Reduction of Parking Requirements).

D. Excessive parking.

The City discourages a land use being provided more off-street parking spaces than required by this Chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces. The provision of off-street parking spaces in excess of the requirements in Table 3-7 is allowed only with Use Permit approval, and when additional landscaping and pedestrian amenities are also provided to the satisfaction of the review authority.

E. Bench or bleacher seating.

Where fixed seating is provided as benches, bleachers, pews, or similar seating, a seat shall be defined as 18 inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-7.
2

Chapter 4-36. Parking and Loading
F. Nonconforming parking.

A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions.

1. Residential uses. No additional parking spaces shall be required, provided the change does not increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access.

2. Nonresidential uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this Chapter for any additional floor area. If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.

3. Waiver by Director. The Director may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the Director determines that the existing structure location, lot size, or topography renders the requirement unreasonable.

Table 3-7 Parking Requirements by Land Use
Land Use Type Vehicle Spaces Required
r Fu
Employee housing ]or more employees(with_no_more ]space_for each bedroom, than36 bedsin group quartersor12unitsorless]
Manufacturing Processing and Warehousing
All manufacturing, industrial and processing uses listed in Section 4-26-030, Table 2-7, except the following.

Recycling facilities
Scraps/dismantling yard
Small collection facility
Research and development laboratories
Recreation, Education, Public Assembly
Clubs, lodge, private meeting hall
Dance floor
Equestrian facilities - Commercial stables
Golf
Golf courses and country clubs
Golf driving range
Miniature golf courses
Commercial recreation facility - Indoor
Bowling alley
Draft 2024
1 space for each 200 sf of office area;
1 space for each 1,000 sf of ground and/or building area devoted to other than office;
1 space for each 5,000 sf of open storage;
1 space for each company vehicle.
1 space for each 300 sf of gross building area, plus 1 space for each 10,000 sf of gross yard area.

Determined by Use Permit
1 space for each 300 sf of floor area, plus 1 space for each company vehicle.
1 space for each 200 sf of floor area.
1 space for each SO sf of floor area.
1 space for each 5 horses boarded.
4 spaces per hole, plus as required by this table for accessory uses (e.g., pro shop, bar, restaurant, banquet room, etc.) 1 space for each tee.
3 spaces for each hole, plus as required by this table for accessory uses (e.g., game room, food service, etc.)
4 spaces for each alley.
1 space for each 100 sf of floor area.
3

City of Gustine
Zoning and Subdivision Code
Land Use Type Vehicle Spaces Required
Game arcade
Pool or billiard room
Skating rink
Commercial recreation facility - Outdoor
Fitness/health facility
Library, museum
Religious facility
2 spaces for each table.
1 space for each 100 sf of rink area.

Determined by Use Permit
1 space for each 300 sf of floor area.
1 space for each 300 sf of floor area.
1 space for each 4 seats, or 1 space for each 75 sf of floor area, whichever is greater; plus 1 space for each classroom or office.

Multi-family dwelling in a mixed use project
Multi-family dwelling
Theaters, auditoriums & places of assembly
Organizational house
Residential core heme5Community care facility
Six or fewer clients 2 covered spaces.
1 covered space for each unit.
1 covered space for each unit plus 0.5 uncovered guest
parking space and 0.25 parking space for each unit for
vehicle storage.

Studio or 1 bedroom unit- 1 space per unit
2 or 3-more bedroom unit - 2 spaces per unit
Guest parking- 1 space per each 4 units
Studio or 1 bedroom unit - 1 space per unit
2 or 3 bedroom unit - 2 spaces per unit
Guest parking - 1 space per each 4 units
1 covered or uncovered space for each bedroom.
1 space for each 300 sf of floor area.
1 space for each 100 sf of pool area.
2 spaces for each court, plus 1 space for each 500 sf of floor area for accessory uses.
1 space for each 5seats, or 1 space for each 75 sf of floor area, whichever is greater.
1 space per employee plus 1 space per 10 children.
1 space per employee plus 1 space per 8 students.
1 space per employee plus 1 space per 4 students.
1 space per 1.5 students.

See section4-44.QforADU parking requirements 15pace
per-unit/begdroom[whichever-isless,consistent-with
Government Gede Section_658524d)41-S)and[i)(0))
Spaces-maybe-provided-as-tandem-parlingen adriveway
]space for every 3 employees,
2permanently_covered_spaces1-space-for each-dwelling-unit, 21spaces-space for each_unit
(?
Emergency Shelter
Employee Housing, 6gr fewer employees
Live/work unit
Mobile home
Individual mobile home
Mobile home park
Residential Uses
Accessory Dwelling Units
Schools (public and private)
Kindergarten and nursery schools
Elementary/junior high
High school
Colleges and universities (including trade, business,
and art/music/dancing schools)
Studios (art, dance, music, photography, etc.)
Swimming pools (public, private and commercial)
Tennis/racquetball/handball or other courts
4

Chapter 4-36. Parking and Loading
Land Use Type Vehicle Spaces Required
Seven or more clients
Rooming and boarding houses
Second unit, carriage house
Senior housing project
Single-family dwelling
Single-room occupancy[3RQ]housing
Supportive housing
Retail Trade
All "Retail Trade" uses listed in Section 4-24-030,
Table 2-4, except the following
Appliances, building materials, and furniture stores
Auto and vehicle sales and rental
Bar, night club
Convenience store
Plant nursery, garden supply store
Produce stand or other outdoor vendor
Restaurant
Shopping center
Service Uses
Banks and financial services
Car wash
Self service
Full service
Child day care
Draft 2024
1 space for each 2 residential units, plus 1 space for each 5 units for guests and employees.
1 covered or uncovered space for each bedroom.
1 off-street, all-weather surface parking space, plus the offstreet parking required for the main dwelling. 1 space for each two units, with half the spaces covered, plus 1 guest parking space for each 10 units.
2 permanently covered spaces.
]space per three units plus one space per 2 employees on the largest_shiftbutno less than two spaces for emploves Same as multi-family dwelling
No_parking shall be required when the development is
located within one-half_mile of a public transit stop,
1 space for each 200 sf of floor area, plus 1 space per 200 sf of outdoor sales area.
1 space for each 500 sf of indoor display area for first 10,000 sf, 1 space for each 1,000 sf of indoor display area over 10,000; 1 space for each 1,000 sf of outdoor display area. 1 space for each 400 sf of floor area for showroom and
office, plus 1 space for each 2,000 sf of outdoor display area, plus spaces as required by this Section for parts sales ("retail trade," above), and vehicle services.
1 space for each SO sf of seating area and waiting/lounge area exclusive of dance floor, plus 1 space for each 30 sf of dance floor.
1 space for each 250 sf of floor area.
1 space for each 2,000 sf of site area; 1 loading space, 15 ft. x 30 ft., for each acre.
3 spaces minimum, located at least 20 feet off the public right-of-way or 20 feet from the front property line with no automobile maneuvering permitted in the public right-ofway. The Use Permit may require additional parking, depending on the nature of the sales proposed.
1 space for each 80 sf of dining area.
1 space for each 250 sf of floor area for centers of less than 30,000 sf, and 1 space per 300 sf for centers of 30,000 sf or more.
1 space for each 300 sf of floor area plus 3 tandem stacking spaces for each outdoor teller or teller station.
1 drying space for each stall.
10 spaces, plus 6 spaces for each wash lane for queuing and drying area.
5

City of Gustine
Zoning and Subdivision Code
Land Use Type Vehicle Spaces Required
Child/adult care centers
Equipment rental
Laundry- Dry cleaning pick-up facilities and
Laundromats
Laundry - Laundries and dry cleaning plants
Lodging
Bed and breakfast inn
Hotel or motel
Recreational vehicle (RV) park
Medical services
Clinics, offices, and laboratories
Extended care
Hospitals
Mortuary, funeral home
Offices
Business, service, government
Processing
Professional
Personal services
All personal service uses except the following
Barber/beauty shops
Pet grooming
Service stations
Storage
Outdoor
Personal storage facilities (mini-storage)
Vehicle services
Veterinary clinics, animal hospitals, kennels
Kennels separate from other facilities
1 space for each employee plus 1 space for each 10 children. 1 space for each 300 sf of floor area; none required for outdoor storage and rental area provided sufficient area is provided within the yard to accommodate all customer
vehicles entirely on-site.
1 space for each 250 sf of floor area.
1 space for each 1,000 sf of floor area.
1 space for each guest room plus 2 covered spaces for the resident family.
1 space for each unit, plus 1 manager spaces, plus 1 space for each 2 employees on largest shift, plus required spaces for accessory uses.
1 space per RV space.
1 space for each 200 sf of floor area, or 4 spaces for each doctor, whichever is greater.
1 space for each 3 beds or patients the facility is licensed to accommodate.
1 space for each 250 sf of floor area.
1 space for each 6 seats in sanctuary.
1 space for each 250 sf of floor area.
1 space for each 150 sf of floor area.
1 space for each 300 sf of floor area
1 space for each 250 sf of floor area
2 spaces for each barber or beautician, with a minimum of 4 spaces.
1 space for each 400 sf of floor area.
1 space for each 500 sf of floor area, plus 3 spaces for each service bay.
1 space for each 3,000 sf of lot area.
4 spaces for manager office.
4 spaces per service bay, plus spaces for any office as required by this Section for offices.
1 space for each 250 sf of floor area.
1 space per employee plus 2 spaces.
(Ord. No. 479, 5 9, 3-6-18; Ord. No. 514, 5 2, 3-15-22) 6

Chapter 4-36. Parking and Loading
Sec. 4-36-050. Disabled/handicapped parking requirements.

Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code (UBC), the Federal Accessibility Guidelines, and/or California Code of Regulations Title 24, as applicable. These spaces shall count toward fulfilling the off-street parking requirements of this Chapter.

Sec. 4-36-060. Bicycle parking.

Each multi-family project and non-residential land use shall provide bicycle parking in compliance with this Section.

A. Number of bicycle spaces required.

1. Multi-family projects shall provide bicycle parking spaces equal to a minimum of 10 percent of the required vehicle spaces, unless separate secured garage space is provided for each unit. The bicycle spaces shall be distributed throughout the project.

2. Retail commercial and office uses shall provide bicycle parking spaces equal to a minimum of five percent of the required vehicle spaces, distributed to serve customers and employees of the project.

B. Bicycle parking design and devices.

Each bicycle parking space shall include a stationary parking device to adequately secure the bicycle, shall be a minimum of two feet in width and six feet in length, with a minimum of seven feet of overhead clearance, and shall be conveniently located and generally within proximity to the main entrance of a structure.

Sec. 4-36-070. Motorcycle parking.

Parking lots with 50 or more parking spaces shall provide motorcycle parking spaces conveniently located near the main entrance of a structure, accessed by the same aisles that provide access to the automobile parking spaces in the parking lot.

A. Number of spaces required.

A minimum of one motorcycle parking space shall be provided for each 50 automobile spaces or fraction thereof.

B. Space dimensions.

Motorcycle spaces shall have minimum dimensions of four feet by seven feet.

Sec. 4-36-080. Reduction of parking requirements.

A. Shared on-site parking.

Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be allowed through Use Permit approval. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required Draft 2024 7

City of Gustine
Zoning and Subdivision Code
parking will be maintained exclusively for the use or activity served for the duration of the use or activity.

B. Waiver of parking.

The Director may reduce or waive the number of parking spaces required by Section 4-36-040 (Number of Parking Spaces Required) based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

C. Waiver of parking - Downtown off-hour uses.

The review authority for a planning permit application within the C-D zoning district may waive the parking requirements of this Chapter for land uses that are determined by the review authority to operate exclusively at night, when their peak parking demand occurs after the evening peak period parking demand within the C-D zone generally, and adequate on-street or public parking is available.

D. Alternative parking arrangements.

Other alternatives to the parking requirements of this Chapter may be approved by the review authority for projects within the C-D zone the applicant executes an agreement with the City to:

1. Pay a parking in-lieu fee, if an in-lieu fee program is established by the Council;

2. Waive the right to protest the formation of a parking district, if a parking district is formed by the Council; or

3. Provide some other fair share contribution acceptable to the review authority, where authorized by the Council.

The agreement shall be recorded prior to the issuance of a Building Permit for the project.

E. Off-site parking in the downtown.

Where approved by the review authority, parking required for a use proposed within the C-D zoning district may be located in a common or shared parking facility away from the site of the proposed use.

1. Evaluation of proposal. In considering a request for shared off-site parking, the review authority shall consider how the distance between the parking area and the proposed use may affect whether the off-site facility will satisfy the parking needs of the proposed use.

2. Guarantee of continued availability. Required parking spaces that are approved off-site shall be committed by a recordable covenant, lease, or other agreement, acceptable to the City Attorney. The parties to the covenant, lease, or agreement shall include the owners, and if applicable, the lessees of the off-site parking spaces and the owners, and if applicable, the lessees of the subject site, with covenants reflecting the conditions of approval and the approved off-site parking plan.
8

Chapter 4-36. Parking and Loading

3. Loss of off-site spaces.
a. Notification to the City. The owner/operator of a business that uses approved off-site spaces to satisfy its parking requirements shall immediately notify the Director of a change of ownership or use of the property for which the spaces are required, and of termination or default of the agreement between the parties. b. Effect of termination of agreement. Upon notification that a lease for required off-site parking has terminated, the Director shall determine a reasonable time in which one of the following shall occur:
(1) Substitute parking is provided that is acceptable to the Director; or (2) The size or capacity of the use is reduced in proportion to the parking spaces lost.

Sec. 4-36-090. Parking design and development standards.

Required parking areas shall be designed and constructed as follows.

A. Access to parking.

Access to parking shall be provided as follows for all parking areas other than garages for individual dwelling units.

1. Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives. Single-family homes and duplexes are exempt from this requirement.

Figure 3-7 Queing Area
g9
I
1£259
Buikding
•• T T,
SI¢eel
Figure 3-7 - Queuing Area

2. Industrial uses, and commercial uses that provide 50 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a stacking area for vehicles entering and exiting the parking area. See Figure 3-7.

3. A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential uses.

Draft 2024 9

City of Gustine
Zoning and Subdivision Code
B. Access to adjacent sites.

Applicants for nonresidential development are encouraged to provide on-site vehicle access to parking areas on adjacent nonresidential properties to provide for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the Director, guaranteeing the continued availability of the shared access between the properties.

Shared pedestrian access between adjacent properties, including residential developments is also strongly encouraged.

C. Location.

Parking areas shall be located as follows:

1. Residential parking shall be located on the same parcel as the uses served.

2. Nonresidential parking shall be located on the same parcel as the uses served or within 300 feet of the parcel (within 500 feet in the C-D zoning district) if shared parking or public parking facilities are used to meet parking requirements.

3. Nonresidential parking shall not be located within a required front yard setback area.

Parking may be located within a required side or rear yard setback provided it is separated from the side or rear property line by a minimum six-foot landscaped area.

4. Nonresidential parking within the C-D zoning district shall not be located between a building and the fronting street.

D. Parking stall and lot dimensions.

Each parking stall, aisle, and other parking lot features shall comply with the minimum dimension requirements in Gustine City Standards and Specifications. The minimum size requirements for parking spaces shall be 10ft by 20ft.

E. Landscaping.

Landscaping shall be provided in compliance with Section 4-34-040.C (Landscape Area Requirements - Parking Areas).

F. Lighting.

See Section 4-30-060 (Outdoor Lighting).

G. Striping and identification.

Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface.

Car pool spaces shall be clearly identified for car pool use only. The re-striping of any parking space or lot shall require the approval of a re-striping plan by the Director.

H. Surfacing.

Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete or other all-weather surfacing approved by the Director.

1. Wheel stops/curbing.
10

Chapter 4-36. Parking and Loading

2. Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area.

When provided, wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.

Sec. 4-36-100. Driveways and site access.

Each driveway providing site access from a street, alley or other public right-of-way shall be designed, constructed and maintained as follows.

A. Number of driveways.

1. Multi-family and non-residential projects. A multi-family or non-residential project on a parcel of two acres or less shall be limited to a maximum of two driveways, unless the Director and City Engineer determine that more than two driveways are required to accommodate the traffic for the project. Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized.

2. Single-family dwellings and duplexes. A single-family dwelling or duplex shall be allowed one driveway. A circular driveway may be allowed on a parcel with 70 feet or more of street frontage. A parcel within a residential zoning district with a frontage of 200 feet or more may have two separate driveways, provided that they are separated by a minimum of 100 feet, or lesser distance as approved by the City Engineer based on consideration of site topography and traffic safety.

3. Shared driveways on arterials. The use of shared driveways for adjacent parcels located on an arterial road designated by the General Plan shall be required where determined by the review authority to be feasible.

B. Distance from street corners.

Each driveway shall be located a minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. For parcels with frontages less than 150 feet, the minimum distance shall be 100 feet unless a lesser distance is approved by the City Engineer.

C. Driveway spacing.

Driveways shall be separated along the street frontage as follows:

1. Single-family and duplex residential development. Driveways shall be separated by at least ten feet, unless a shared, single driveway is approved by the Director. The ten-foot separation does not include the transition or wing sections on each side of the driveway; and
Draft 2024 11

City of Gustine
Zoning and Subdivision Code

2. Multi-family and nonresidential development. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of 50 feet. Exceptions to this standard shall be subject to the approval of the City Engineer.

D. Driveway width and length.

1. Single-family dwellings. Each single-family dwelling shall be provided a driveway with a minimum length of 20 from the edge of the right-of-way where there is no sidewalk.

2. Nonresidential uses. Driveway for nonresidential uses shall comply with adopted Gustine Improvement Standards.

E. Clearance from obstruction.

The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities. Street trees shall be a minimum of 10 feet from the driveway access, measured at the trunk. Driveways shall have an overhead clearance of 14 feet in height except within a parking structure which may be reduced to seven feet, six inches.

F. Traffic safety visibility area.

Structures or landscaping over 30 inches in height shall not be allowed within a traffic safety visibility area. See Section 4-20-050.E.

G. Surfacing.

All driveways shall be paved and permanently maintained with asphalt, concrete, or paving units. Within other zoning districts, the Director may authorize the use of other all-weather surfacing, where the Director determines that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity, and that the alternate surface will not impair accessibility for emergency vehicles. A driveway with a slope of 15 percent or more shall be paved with asphalt or concrete in all cases.

Sec. 4-36-110. Loading space requirements.

A. Number of loading spaces required.

Nonresidential uses shall provide off-street loading spaces in compliance with Table 3-8, below.

Requirements for uses not listed shall be determined by the Director based upon the requirements for comparable uses.

Table 3-8 Required Loading Spaces
Type of Land Use Loading Spaces Required
Commercial uses 1 space for each 10,000 sf of floor area over the first 10,000.

Manufacturing, and industrial uses 1 space, plus one additional space for each 10,000 sf of floor area over the first 10,000.

Office uses and public uses 1 space for each 25,000 sf of floor area. 12

Chapter 4-36. Parking and Loading
B. Standards for loading areas.

Off-street loading areas shall be provided as follows. These standards and the requirements of Subsection A. may be reduced by the review authority where the review authority first determines that the operating, shipping and delivery characteristics of the use do not require the number or type of loading spaces required by this Section.

1. Dimensions. Loading spaces shall be a minimum of 12 feet in width, 40 feet in length, with 14 feet of vertical clearance. Must comply with Gustine's City Standards and Specifications.

2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting shall also comply with the provisions of Section 4-30-060 (Outdoor Lighting).

3. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances.

4. Location. Loading spaces shall be:
a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;
b. Situated to ensure that the loading facility is screened from adjacent streets; c. Situated to ensure that loading and unloading takes place on-site and in no case faces a public street, or is located within a required front yard setback, adjacent public right-ofway, or other on-site traffic circulation areas; d. Situated to ensure that vehicular maneuvers occur on-site; and e. Situated to avoid adverse impacts upon neighboring residential properties and located no closer than 100 feet from a residential zoning district unless adequately screened, and authorized through Architectural Review approval.

5. Screening. Loading areas shall be screened from abutting parcels and streets with dense landscaping or solid masonry walls with a minimum height of six feet.

6. Striping. Loading spaces shall be striped, and identified for "loading only." The striping and "loading only" notations shall be continuously maintained in a clear and visible manner.

Draft 2024 13

Chapter 4-44. Standards for Specific Land Uses
Chapter 4-44. Standards for Specific Land Uses
Sections
Sec. 4-44-010. Purpose and Applicability.

A. Purpose.

This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Allowable Land Uses Zoning District Standards) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

B. Applicability.

The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning and Subdivision Code.

1. Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Article 2 (Allowable Land Uses and Zoning District Standards).

2. Planning permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the planning permit required by Article 2, except where a planning permit requirement is established by this Chapter for a specific use.

3. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Articles 2 (Allowable Land Uses and Zoning District Standards) and 3 (Site Planning and General Development Standards). a. The applicability of the standards in this Chapter to the specific land uses listed is determined by Sections 4-24-030 (Residential District Land Uses and Permit Requirements), 4-26-030 (Commercial District Land Uses and Permit Requirements), and 4-28-030 (Industrial and Public District Land Uses and Permit Requirements). b. In the event of any conflict between the requirements of this Chapter and those of Articles 2 or 3, the requirements of this Chapter shall control.

Sec. 4-44-020. Accessory Structures and Uses.

This Section provides standards for accessory structures and uses, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

A. Timing of construction.

An accessory structure shall be constructed at the same time as, or subsequent to, the primary structure.

Draft 2024

City of Gustine
Zoning and Subdivision Code
B. Attached accessory structures.

Where an accessory building is attached to the main building, the accessory building shall be made structurally a part of, and have a common roof with, the main building, and shall comply in all respects with the requirements of this chapter applicable to the main building.

C. Location of detached structure in R zoning district.

A detached accessory structure in a residential zoning district shall be located on the rear half of the lot, and at least 10 feet from any dwelling existing or under construction on the same lot or any adjacent lot. The accessory structure shall not be located closer than three feet to a side lot line, or in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot, nor be within five feet of the rear lot line.

D. Garage standards.

1. An attached or detached garage shall not be located within five feet of any alley.

2. The entrance opening of a residential garage that faces any front or street side property line shall be located a minimum of 20 feet from the property line.

Sec. 4-44-030. Residential Accessory Uses and Structures.

This Section provide standards for residential accessory uses and structures, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). These requirements do not apply to residential second units, which are instead regulated by Section 4-44-130 (Second Dwelling Units).

A. Limitation on number.

Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage.

B. Relationship to primary use.

An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

C. Attached structures.

An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including setbacks, height limits, and site coverage; and shall also comply with any applicable requirements of Subsection E.

D. Detached structures.

An accessory structure that is detached from the primary structure shall comply with the following standards, except where Subsection E. establishes a different requirement for a specific type of accessory structure.

1. Setbacks.
a. Front setback. An accessory structure shall not be located within a required front setback.
2

Chapter 4-44. Standards for Specific Land Uses
b. Side and rear setbacks. An accessory structure with a height of 10 feet or less shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than 10 feet shall comply with the setback requirements of the applicable zoning district.
c. Separation between structures. An accessory structure shall maintain at least a tenfoot separation from other accessory structures and the primary dwelling unit. d. Double-frontage lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot, unless it is setback at least 75 feet from any street lot line.
e. Reverse corner lot. On a reverse corner lot that abuts a key lot, no accessory structure shall be nearer the street than a distance equal to the depth of the front setback required for the key lot. See Figure 4-1.

2. Height limit. The height of an accessory structure other than a detached garage shall not exceed 12 feet, except where a greater height is authorized through Variance approval. The height of a detached garage shall comply with the height limit established by the applicable zoning district.

3. Coverage and size limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed 500 square feet. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

E. Standards for specific accessory uses and structures.

The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsection A., as applicable.

1. Antennas. Antennas shall comply with the requirements of Table 2-3.

2. Garages. A garage for a single-family dwelling shall comply with the following requirements.

A garage for a multi-family project shall comply with the requirements of Section 4-44-100 (Multi-Family Projects).
a. limitation on number. A single parcel shall have only one attached or detached garage. b. Setback requirements.
(1) Front setback. A garage shall comply with the front setback requirements of the applicable zoning district.
(2) Side setbacks. A garage shall be set back a minimum of five feet from side property lines. (3) Rear setback. An attached garage shall comply with the rear setback requirements of the applicable zoning district. A detached garage shall be set back a minimum of five feet from the rear property line where vehicles access the garage from the front of the lot, and shall be located a minimum of 25 feet from the opposite side of the alley where accessed from an alley.
c. Facade width, parking orientation. The facade of any garage-door facing a street shall not exceed a width of 25 feet.

Draft 2024 3

City of Gustine
Zoning and Subdivision Code

3. Greenhouses. An accessory greenhouse may occupy up to 400 square feet for each dwelling unit.

4. Guest houses. A guest house shall comply with the requirements for second units in Section 4-44-120.

5. Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:
a. No part of the patio cover shall be closer than ten feet to a property line. b. The five-foot separation from the primary dwelling unit required by Subparagraph E.1.c (Separation between structures), above does not apply; and c. The structure shall comply with the coverage and size limitations of Subparagraph E.3 (Coverage and size limitations), above.

6. Swimming pools. Non-commercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:
a. Setbacks. No swimming pool shall be located within a required front or side setback, or within five feet of a property line; and
b. Fence or wall. No swimming pool shall be located closer than five feet to a fence or wall.

7. Tennis and other recreational courts. A non-commercial outdoor tennis court, or a court for another sport, including basketball and racquetball, that is accessory to a residential use shall comply with the following requirements:
a. Setbacks. No court shall be located within a required setback, or within ten feet of a any property line; and
b. Fencing. Court fencing shall comply with Section 4-30-030 (Fences, Walls, and Screening); and
c. Lighting. Court lighting shall require Use Permit approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall comply with Section 4-30- 060 (Outdoor Lighting).

8. Workshops or studios. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, or hobbies, is subject to the following standards when located in a residential zoning district:
a. Limitation on use. The use of an accessory structure as a studio shall be limited to: noncommercial hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory workshop for any commercial activity shall comply with Section 4-44-050 (Home Occupations); and
b. Floor area. A workshop shall not occupy an area larger than 25 percent of the gross floor area of the primary structure; except that where a workshop is combined with a garage, see Subparagraph E.2 (Garages), above.
4

Chapter 4-44. Standards for Specific Land Uses
Sec. 4-44-040. Child day care centers.

A. Applicability.

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), child day care centers, other than small or large family day care homes, as those terms are defined and regulated by the Health and Safety Code, shall comply with the standards of this Section. These standards apply in addition to the other provisions of this Land Use Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities, including small and large family day care homes.

B. Definitions.

Definitions of the child day care facilities regulated by this Section are in Article 8 (Glossary) under "Child Day Care Center."
C. Standards for child day care centers.

A child day care center shall be approved if it complies with the following standards:

1. Fencing. Architectural Review shall be required for any proposed fencing.

2. Parking. A child day care center shall provide parking and drop-off areas as follows:
a. Off-street parking shall be provided as required through the Use Permit process, but shall be a minimum of one space per employee on the largest shift. b. Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.

3. Noise. Potential noise sources shall be identified during the Use Permit process, and noise attenuation and sound dampening shall be addressed.

4. Additional standards. Each child day care center shall comply with applicable building and fire codes, any standards adopted by the State, and Social Services Department licensing requirements (California Code of Regulations, Title 22, Division 2, as may be amended or renumbered from time to time).
(Ord. No. 511, § 9, 10-19-21; Ord. No. 514, 5 3, 3-15-22) Sec. 4-44-050. Home Occupations.

The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

A. Business License required.

A home occupation shall require a City Business License and a Home Occupation Permit. A permit to conduct a home occupation shall be obtained from the Director, or designee, prior to issuance of a business license.

Draft 2024 5

City of Gustine
Zoning and Subdivision Code
B. Limitations on use.

The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations.

1. Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section. a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce; and c. Tailors, sewing.

2. Uses prohibited as home occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
c. Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;
d. Commercial cabinet or furniture making, and similar uses; e. Contractor's and other storage yards;
f. Fitness/health facilities, except those allowed under Subsection B.1; g. Medical clinics and laboratories;
h. On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;
i. Personal services as defined in Article 9 (Glossary), except those allowed under Subsection B.l;
j. Transportatior services, including ambulance, taxi, limousine, tow truck, etc. where the vehicles are parked on the property.;
k. Uses which require explosives or highly combustible or toxic materials; I. Welding and machine shop operations;
m. Wood cutting businesses; or
n. Other uses the Director determines to be similar to those listed above.

C. Operating standards.

Home occupations shall comply with all of the following operating standards.

1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.
6

Chapter 4-44. Standards for Specific Land Uses

2. Location of home occupation activities.
a. R-E zoning district. Allowed home occupation activities may be conducted within an approved accessory structure in the R-E zoning district, provided that at least two covered parking spaces are continually maintained.

3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4. Signs. There shall be no signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7. Outdoor display or storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9. Client/customer visits. The home occupation shall be operated so as to not require more than 6 vehicle trips per day of clients, customers, and/or visitors to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of 9:00 a.m. and 7:00 p.m.

10. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliveries.

11. Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use. (Ord. No. 511, § 10, 10-19-21)
Sec. 4-44-060. Mixed-Use Projects.

This Section provides standards for the design of mixed use projects, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). A mixed use project combines residential and nonresidential uses on the same site, with the residential units typically located above the nonresidential uses (vertical mixed use). Residential units may be allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) only under the limited circumstances specified by this Section.

A. Design considerations.

A mixed use project shall be designed to achieve the following objectives.

Draft 2024 7

City of Gustine
Zoning and Subdivision Code

1. The design shall provide for internal compatibility between the residential and nonresidential uses on the site.

2. Potential glare, noise, odors, traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

3. The design shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.

4. The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.

5. Site planning and building design shall provide for convenient pedestrian access from the public street into the nonresidential portions of the project, through such means as courtyards, plazas, and walkways.

6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials and amenities, landscaping, street furniture, lighting, roof styles, scale, and signage.

B. Mix of uses.

A mixed use project may combine residential uses with any other use allowed in the applicable zoning district by Article 2 (Allowable Land Uses and Zoning District Standards), subject to the planning permit requirements of Article 2 for each use.

C. Maximum density.

The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan designation.

D. Site layout and project design standards.

Each mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements.

1. Location of units. Residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building face adjacent to a public or private street.

2. Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 4-36-080 (Reduction of Parking Requirements).

3. Loading areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.

4. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.
8

Chapter 4-44. Standards for Specific Land Uses
E. Performance standards.

1. Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with Section 4-30-050 (Noise Standards).

3. Hours of operation. A mixed use project proposing a commercial component that will operate outside of the hours from 7:00 a.m. to 7:00 p.m. shall require Use Permit approval to ensure that the commercial uses will not negatively impact the residential uses within the project, or any adjacent residential uses.

Sec. 4-44-070. Mobile Homes.

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), a mobile home outside of a mobile home park shall comply with the standards of this Section.

A. Site requirements.

The site, and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.

B. Mobile home design and construction standards.

A mobile home outside of a mobile home park shall comply with the following design and construction standards. A mobile home that does not comply with these standards shall be allowed only within a mobile home park.

1. The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.

2. The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 5:12.

3. The mobile home shall be placed on a foundation system, subject to the approval of the Building Official; and

4. The mobile home shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.), and has been constructed after January 1, 1989.

Sec. 4-44-080. Mobile Home Parks.

Where allowed by Article 2 (Allowable land Uses and Zoning District Standards), a mobile home park shall comply with the standards of this Section.

A. Minimum site area.

A mobile home park shall only be established on a site of four acres or larger.

Draft 2024 9

City of Gustine
Zoning and Subdivision Code
B. Setback requirements for park perimeter and mobile hame spaces.

No mobile home space shall be located closer than:

1. Ten feet from a front or street side property line of the mobile home park. "Street", as used in this section, shall not include alley. The setback shall be landscaped as required by the review authority.

2. Five feet from any other property line of the mobile home park.

3. Five feet from any side lot or mobile home space boundary line.

C. Storage areas.

A large storage areas shall by provided for the storage of boats, campers, camping trailers, utility trailers, and extra vehicles at a ratio of 100 square feet of vehicle storage area for each mobile home space. Each vehicle storage area shall be completely enclosed with a fence six feet in height and shall be screened from exterior view.

D. Landscaping.

Each setback area abutting a public street shall be planted in grass, shrubs, trees, or other appropriate decorative materials and shall be kept landscaped and maintained in a clean and orderly manner.

E. Fences.

A solid fence not less than six feet in height shall be placed and maintained around the interior perimeter of a mobile home park or subdivision.

F. Access.

Each mobile home space shall be provided access from an internal, private street within the mobile home park, with no direct access from a mobile home space to a public street or alley.

G. Internal streets.

All private, internal streets within mobile home parks and mobile home subdivisions shall be paved with surfacing and improvements to the satisfaction of the City Engineer. The pavement width shall not:

1. Be less than 28 feet in width if parking is prohibited on either side of the paved surface and adequate guest parking is provided;

2. Be less than 32 feet if parking is permitted on one side of the paved surface; or

3. Be less than 40 feet if parking is permitted on both sides of the paved surface.

H. Parking requirements.

In each mobile home park, two off-street parking spaces shall be provided for each mobile home space. One off-street guest parking space shall also be provided for every four mobile home spaces if internal on-street parking is not provided. Each off-street guest parking space shall be accessible to each of the four mobile home spaces and shall be within a reasonable distance of the four mobile homes.
10

Chapter 4-44. Standards for Specific Land Uses
I. Signs.

A mobile home park may be allowed a maximum of one sign for each entrance to a public street from the mobile home park. The sign shall not exceed 20 square feet in area or six feet in height from the ground and shall be parallel to the property line. If illuminated, the illumination shall be by indirect lighting. Each sign shall be adjacent to the entrance from the public street to the mobile home park or subdivision and not closer than 300 feet to any other such sign. No flashing or intermittent lighting shall be permitted.

Sec. 4-44-090. Multi-Family Projects.

A. [Compliance; definition.]
A new or remodeled multi-family project shall comply with the standards of this Section, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). For the purposes of this Section, the term "remodeled" means the reconstruction or remodeling of at least 50 percent of the gross floor area of the original structure.

B. Accessory structure design.

Accessory structures and uses (e.g., bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors and materials similar to the structures in the project containing dwelling units.

C. Building facades adjacent to streets.

A multi-family project of three or more dwellings shall be designed so that at least 75 percent of the length of the facade of each building adjacent to a public street is occupied by habitable space with windows. Each facade adjacent to a street shall have at least one pedestrian entry into the structure.

D. Front setback pavement.

No more than 40 percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

E. Parking location.

Off-street parking for a multi-family structure of three or more units shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel. A garage providing parking for a duplex or small-lot detached unit may be located in compliance with the following standards, in addition to the requirements of Chapter 4-36-040 (Parking and Loading).

1. Front setback. A garage shall be set back from the front property line at least 10 feet further than the front facade of the dwelling, to reduce visual impact from the street.

2. Side setback. A garage shall be set back a minimum of five feet from side property lines.

3. Rear setback. A garage shall be set back a minimum of five feet from a rear property line.

4. Facade width, parking orientation. The front facade of a garage shall not exceed a width of 25 feet. If more than 25 feet is proposed architectural relief and site plan review will be required.

Draft 2024 11

City of Gustine
Zoning and Subdivision Code
F. Open space.

Each multi-family residential project shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space), in addition to required setback areas, except where the review authority determines that existing public park or other usable public open space is within convenient walking distance, or that the residential units are part of a vertical mixed use project and located within a commercial zoning district.

1. Area required. Private and common open space shall be provided as required by Table 4-3, in addition to the setback areas required by the applicable zoning district.

Table 4-3 Multi-Family Project Open Space Requirements
tininvn-rite
Project Size Minimum Common Open Space Required Open-Spa{eired 2 units
3 or 4 units
5 to 10 units
11 to 30 units
31 and more units
None, other than required setbacks
150 sf for each unit200 sf
500sf
1,000 sf
2,0005f, plus-an additional 65 st for each unit over 31 150sf for-each unit

2. Configuration of open space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Section 4-34 (Landscaping Standards).
a. Common open space. Required common open space shall be: easily accessible; continuous; usable; separated from parking areas; landscaped; safe and secure. Each common open space area shall have a minimum dimension of 20 feet. b, Private open space. Private-open space shall be at the same elevation as, and immediately accessible from within the unit. All dimensions of each private open space area shall be a minimum of10 feet.

The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.

3. Maintenance and control of common open space. Required common open space shall be controlled and permanently maintained by a Home Owners Association (HOA). Provisions for control and maintenance shall be included in property covenants of all common interest developments.

G. Indoor recreation area.

An indoor recreation area of at least 1,000 square feet is required for all multi-family projects of 30 units or more. Area occupied by other common indoor facilities, such as saunas and swimming pools, may count toward compliance with the outdoor common open space area requirements of Subsection F.
12

Chapter 4-44. Standards for Specific Land Uses
H. Outdoor lighting.

Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 4-30-060 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties.

Lighting of at least one foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency. All proposed lighting shall be shown on the required landscape plan.

I. Laundry facilities.

Each multi-family and small lot single-family dwelling shall provide an individual laundry area within the unit or its garage, of sufficient size to accommodate a clothes washer and dryer, except that a multi-family project of five or more units may be designed to provide common laundry facilities as approved by the review authority. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area.

J. Window orientation.

Where one or more windows are proposed 10 feet or less from a side lot line, or 10 feet from another residential structure on the same site, the windows shall located and/or screened to provide privacy for the residents of both structures to the maximum extent feasible.

Sec. 4-44-100. Outdoor Display and Sales.

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), outdoor display and sales shall comply with the standards of this Section.

A. Applicability.

The provisions of this Section apply to temporary and permanent facilities for outdoor display and sales (e.g., garden nurseries, lumber yards, and similar uses where merchandise is displayed for sale).

B. Sidewalk displays and sales.

The display of merchandise, newsracks and sidewalk dining and seating may be permitted on a City of Gustine public right-of-way where allowed by Article 2, subject to compliance with the following criteria, in addition to the requirements of Subsection C. (Outdoor Eating Areas).

1. Location requirements, and sidewalk clear zone. A paved pedestrian walkway at least six feet wide shall be maintained between property line and edge of curb, free and clear of and obstructions.
a. The display of merchandise, newsracks and sidewalk dining shall not obstruct sidewalk pedestrian traffic; accessibility to vehicles parked adjacent to the curb, or create health or safety hazards.
b. The placement of merchandise, newsracks or tables and/or chairs shall be limited to the sidewalk area frontage immediately adjacent to the use.

Draft 2024 13

City of Gustine
Zoning and Subdivision Code
c. All merchandise, newsrack, and/or outdoor dining and seating areas must be level with sidewalk, and accessible to the disabled, and shall be located as close to the back of the sidewalk (the sidewalk edge opposite the street) as possible.

2. Encroachment permit required. The applicant shall obtain a revocable encroachment permit.
a. An encroachment permit will not be approved for portable or other signs within the public right-of-way, with the exception of banners advertising City-wide functions. b. Upon approval of the encroachment permit the applicant shall obtain all required building/electrical permits.

3. Sidewalk cafes. Sidewalk cafes shall be used only as seating areas. a. Storage, kitchen, any permanent facilities or restroom uses are not allowed. b. Tables and/or chairs must be movable unless otherwise approved by the Director upon concurrence with other City departments.
c. Outdoor speakers or amplified music shall require Use Permit approval to ensure that sound levels do not cause problems for other land uses in the vicinity. d. Outdoor speakers or amplified music shall require Use Permit approval to ensure that sound levels do not cause problems for others in the vicinity. e. The service of alcoholic beverages is not allowed.
f. The roofing material covering an outdoor caf~ may be temporary, fixed, or retractable and can extend into the public right-of-way from the face of the building a distance up to the minimum six-foot clear zone dimension, or a maximum distance of 10 feet from the face of building, whichever is less. The width and height of awnings and canopies shall comply with the Uniform Building Code. Awnings, canopies, or similar protective shelter shall be fire-treated or non-flammable.
g. Decorative/accent lighting may be incorporated into the outdoor caf~ awning, canopy, etc. and must meet all City code requirements.

4. Insurance. Applicant shall obtain, maintain and provide proof of a comprehensive general liability insurance in the amount of $1 million or more (for each occurrence), naming the City as additionally insured. Proof of the insurance shall be submitted prior to issuance of the encroachment permit and shall be provided annually thereafter. The applicant's insurance shall be primary.

5. Removal of display. Each approved sidewalk display shall be removed at the end of each business day, except for newsracks in compliance with Subsection B.l.c C. Outdoor dining area on private property.

An outdoor eating area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site, provided that the outdoor eating area shall also comply with the parking requirements of Section 4-36-040 for restaurants. 14

Chapter 4-44. Standards for Specific Land Uses
D. Permanent outdoor displays and sales.

The permanent outdoor display and sale of merchandise may be allowed subject to the following standards.

1. The outdoor display of merchandise shall not exceed a height of 10 feet above finished grade, unless a greater height is allowed through the approval of a Use Permit.

2. Outdoor sales areas shall not encroach into required setback areas. In a zoning district where no setback is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed through the approval of a Use Permit.

3. Displayed merchandise shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for vehicle or pedestrian traffic.

4. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.

5. Outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales shall be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

6. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.

Sec. 4-44-110. Outdoor Storage.

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), outdoor storage and work areas shall comply with the following requirements.

A. Enclosure and screening required.

Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the Director with a minimum height of six feet and a maximum height of eight feet.

B. Maximum height of stored materials.

Materials within the storage area shall not be higher than the fence, except with Use Permit approval.

C. Landscaped setback.

In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zoning district, and the set back area shall be landscaped to the approval of the Director, and in compliance with Chapter 4-34 (Landscaping Standards).

D. Cargo containers.

The use of a cargo container for storage outside of a building shall be allowed only within the IL zoning district, when entirely screened from the view of streets and residential areas. The Draft 2024 15

City of Gustine
Zoning and Subdivision Code
Director may authorize the use of a cargo container for storage on the site of a construction project while work in compliance with a valid Building Permit is occurring on the site.

Sec. 4-44-120. Recreational Vehicle and Boat Storage.

A recreational vehicle shall be parked/maintained in a mobile home park or may be parked/maintained on the site of a dwelling within a residential zoning district under the following conditions:

A. Storage in side or rear setback.

A recreational vehicle or boat shall be stored in an interior side or rear yard setback, unless it can not comply with the other requirements of this Section, in which case it shall comply with the requirements of Subsection B. A fence or other personal improvement is not deemed to prevent reasonable access. The condition under which a recreational vehicle or boat shall be parked/stored is as follows:

1. Shall not be situated closer than five feet to any main building or parked within two feet of the main building if there are no doors or windows being blocked and there is access to the rear yard.

2. Parking shall be permitted inside any enclosed structure or carport that otherwise complies with the requirements of the applicable zoning district.

B. Storage in front setback.

A recreational vehicle or boat shall not be stored in the front yard setback area.

C. Temporary parking in front setback.

A resident who cannot meet the conditions of parking/storage of their recreational vehicle or boat as indicated are permitted to park in the front yard under the following conditions:

1. The vehicle shall be permitted to park for the expressed purpose of loading, unloading or minor maintenance. The time period for which a resident may park their recreational vehicle or boat shall not exceed 72 hours for these specific tasks;

2. The vehicle shall not overhang the sidewalk, or five feet from the curb face if no sidewalk exists.

3. The City Council may authorize a temporary parking in front yard setbacks and on-street parking when special events are hosted by the City.

D. Use for sleeping quarters.

No recreational vehicle or boat shall be used for sleeping quarters, unless a valid Temporary Use Permit is issued by the City, nor shall any sanitary or cooking facilities contained therein be used, except under the following conditions:

1. Emergency use. A resident who experiences a calamity to their home shall contact the City Manager or designated person for permission to set-up and use their recreational vehicle for temporary housing. The City Manager's permission be discretionary and conditions such as a time limit can be imposed; and
16

Chapter 4-44. Standards for Specific Land Uses

2. Temporary parking to accommodate visitors: The City Manager or authorized representative may approve a Temporary Use Permit to residents who have relatives/guests visiting may utilize a recreational vehicle for temporary housing when utilized for more than a 72 hour period. The time period authorized shall be determined by the City Manager or authorized representative.

3. The City Council may authorize temporary use of RV's and Trailers for sleeping quarters in front yard setbacks and on-street parking when special events are hosted by the City.

E. Travel trailers and RVs.

Travel trailers and other types of recreational vehicles may be parked and used in the City when the use is authorized and sanctioned by the Council. The City Council or designated person may issue a Temporary Use Permit for use of Travel Trailers and RV's for a specified period of time after consultation with the appropriate City Departments. Fees for processing a Temporary Use Permit may be adopted and amended from time to time as authorized by state law.

F. Violation and penalties.

Any violation of this section shall be punishable as an infraction with a fine as adopted by the Council. Each day that the violation is not corrected shall be deemed a separate violation of this section. The City may use other enforcement processes as may be adopted.

Sec. 4-44-130. Recycling Facilities.

This Section establishes standards and procedures for siting and operating various types and sizes of commercial recycling facilities, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

A. Reverse vending machines.

Reverse vending machines shall comply with the following standards.

1. Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.

2. Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.

3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. The sign area shall be subject to the overall site sign area limitations in Section 4-38 (Sign Standards).

4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined within the boundaries of the site.

B. Small and medium collection facilities.

A small or medium collection facility shall comply with the following standards.

1. Location requirements. A small collection facility shall:
a. Not be located within 50 feet of any parcel zoned or occupied for residential use; and Draft 2024 17

City of Gustine
Zoning and Subdivision Code
b. Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

2. Maximum size. A small collection facility shall not occupy more than 600 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4. Operating standards for small collection facilities. Small collection facilities shall:
a. Not use power-driven processing equipment, except for reverse vending machines; b. Accept only glass, metal, or plastic containers, paper, and reusable items; c. Use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and d. Be screened where determined by the review authority to be necessary because of excessive visibility.

5. Signs. Non-illuminated signs may be provided as follows:
a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container; b. Additional directional signs, consistent with Chapter 4-38 (Signs), may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6. Parking requirements.
a. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.
b. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.

C. Large collection facilities.

A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned for residential use.

2. Container location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and 18

Chapter 4-44. Standards for Specific Land Uses

3. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

4. Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

5. Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

6. Operating standards.
a. The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors.
b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

D. Processing facilities.

Processing facilities shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.

2. Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.

3. Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.

4. Container location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and

5. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;

6. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

Sec. 4-44-140. Accessory Dwelling Units.

A. Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code §§ 65852.2 and 65852.22.

Draft 2024 19

City of Gustine
Zoning and Subdivision Code
B. Effect of conforming.

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

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

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

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

4. Required to correct a nonconforming zoning condition, as defined in subsection C. below.

This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code 5 17980.12.

C. Definitions.

As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

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

2. A manufactured home, as defined by California Health and Safety Code 5 18007. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Efficiency kitchen" means a kitchen that includes each of the following:

1. A cooking facility with appliances.

2. A food preparation counter or counters that total at least 15 square feet in area.

3. Food storage cabinets that total at least 30 square feet of shelf space. "Junior accessory dwelling unit" or "JADU" means a residential unit that

1. Is no more than 500 square feet in size,

2. Is contained entirely within an existing or proposed single-family structure,

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and

4. Includes an efficiency kitchen, as defined in subsection C. above. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 20

Chapter 4-44. Standards for Specific Land Uses
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals.

The following approvals apply to ADUs and JADUs under this section:

1. Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection E. below, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(1) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
(2) Has exterior access that is independent of that for the single-family dwelling. (3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
b. Limited detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a. above), if the detached ADU satisfies the following limitations:
(1) The side- and rear-yard setbacks are at least four-feet. (2) The total floor area is 800 square feet or smaller. (3) The peak height above grade is 16 feet or less.
c. Converted on multifamily lot: Multiple AD Us within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph.

Draft 2024 21

City of Gustine
Zoning and Subdivision Code
d. Limited detached on multifamily lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
(1) The side- and rear-yard setbacks are at least four-feet, (2) The total floor area is 800 square feet or smaller.

2. ADU permit.
a. Except as allowed under subsection 1. above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E. and F. below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the City Council by resolution.

3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application, unless either:
(1) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(2) In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.

E. General ADU and JADU requirements.

The following requirements apply to arr ADUs and JADUs that are approved under subsections D.1. or D.2. above:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1. above may be created on a lot in a residential or mixed-use zone.
b. An ADU or JADU subject to an ADU permit under subsection D.2. above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

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

3. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. 22

Chapter 4-44. Standards for Specific Land Uses

4. No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

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

6. Owner occupancy.
a. All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created. b. An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement.
c. All AD Us that are created on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. d. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. The ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.

Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any Draft 2024 23

City of Gustine
Zoning and Subdivision Code
remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

F. Specific ADU requirements.

The following requirements apply only to ADUs that require an ADU permit under subsection D.2. above.

1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection F. is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection F., such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet.

2. Floor area ratio (FAR). No ADU subject to this subsection F. may cause the total FAR of the lot to exceed 45 percent, subject to subsection F.1.c. above.

3. Lot coverage. No ADU subject to this subsection F. may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection F.1.c. above.

4. Minimum open space. No ADU subject to this subsection F. may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection F.1.c. above.

5. Height.
a. A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure.
b. A second story or two-story attached ADU may not exceed the height of the primary dwelling.
c. A detached ADU may not exceed one story.

6. Passageway. No passageway, as defined by subsection C.8. above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.1. above.
b. Exceptions. No parking under subsection F.7.a. is required in the following situations:
(1) The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 above.
(2) The ADU is located within an architecturally and historically significant historic district.
24

Chapter 4-44. Standards for Specific Land Uses
(3) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a. above.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is an established car share vehicle stop located within one block of the ADU.
c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural requirements.
a. [INTENTIONALLY LEFT BLANK]

9. Landscape requirements.
a. [INTENTIONALLY LEFT BLANK]

10. Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: [INTENTIONALLY LEFT BLANK]
G. Fees.

1. Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2. Utility fees.
a. Converted ADUs and JADUs on a single-family lot, created under subsection D.1.a. above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADO or JADU is constructed with a new single-family home. b. All ADUs and JADUs not covered by subsection G.2.a. above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainagefixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

Draft 2024 25

City of Gustine
Zoning and Subdivision Code
H. Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A. through G.2. of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. (Ord. No. 479, § 10, 3-6-18; Ord. No. 502, § 3(Exh. A), 2-4-20; Ord. No. 504, § 3(Exh. A), 3-17-20) Editor's note(s)-Ord. No. 479, § 10, adopted Mar. 6, 2018, repealed the former§ 4-44-140, and enacted a new 5 4-44-140 as set out herein. The former pertained to second units and carriage houses and derived from the 2008 Zoning and Subdivision Code.

Sec. 4-44-150. Service Stations.

A. Location.

A service station shall be allowed only on a corner parcel at the intersection of either two major streets, or a major and a minor street. No more than two service stations shall be allowed at any intersection.

B. Site requirements.

A service station may be approved only on a site with a minimum area of 15,000 square feet, and a minimum frontage of 100 feet on each street.

C. Site access/driveway standards.

1. A service station shall be provided no more than two vehicular access points to/from the public right-of-way.

2. The width of a driveway shall not exceed 25 feet, measured at the sidewalk.

3. Each pump island shall be provided a stacking area that can accommodate a minimum of three waiting vehicles.

D. Setbacks.

Pump islands shall be located a minimum of 25 feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance. When the property line is a street right-of-way line, at least ten feet in width along the line shall be landscaped.

E. Landscaping.

Landscaping shall comprise a minimum of 10 percent of the service station site area, inclusive of required setbacks, and shall be provided and permanently maintained in compliance with those in Chapter 4-34 (Landscaping Standards).

F. Lighting.

Exterior light sources, including canopy, perimeter, and flood shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity 26

Chapter 4-44. Standards for Specific Land Uses
so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 4-30-060 (Outdoor Lighting).

G. Service bays.

The entrance to any service bay shall be located and designed to minimize visibility from adjacent properties.

H. Screening.

A service station site that adjoins a residential zoning district shall be provided an eight-foot high decorative masonry wall along the common property line, compatible with on-site development and adjacent properties. Restroom entrances otherwise visible from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening.

I. Indoor activities only.

Activities and operations shall be conducted entirely within an enclosed structure, except for:

1. The dispensing of petroleum products, water and air from pump islands;

2. The provision of emergency service of a minor nature; and

3. The sale of items via vending machines, which shall be placed next to the main structure in a designated area not to exceed 32 square feet, and which shall be screened from public view.

J. Parking.

Off-street parking shall be provided in compliance with Chapter 4-36 (Off-Street Parking and Loading Standards). Vehicles shall not be parked on sidewalks, parkways, driveways or alleys, and shall not be parked on the premises for the purpose of sale.

K. Scrap and other materials.

Used or discarded vehicle parts or equipment, junked or wrecked vehicles shall not be stored in any open area outside of the main structure.

L. Restrooms.

Each service station shall maintain one or more restrooms available for use by the general public without charge.

Sec. 4-44-160. Telecommunications Antennas.

This Section establishes standards for telecommunications antennas, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

A. Antenna standards.

No exterior satellite or dish antenna having a dimension greater than one meter (39.4 inches) shall be allowed in any residential district unless the antenna complies with the following requirements:

Draft 2024 27

City of Gustine
Zoning and Subdivision Code

1. Location on any roof shall be prohibited;

2. Location in any area between the street and building shall be prohibited;

3. An antenna may be located in any area permitted for the main building and not prohibited elsewhere in this Code, however no more than SO percent of any one side of the antenna may be visible from any street;

4. The maximum height to the highest point of the antenna shall be 12 feet.

5. A satellite television receiving antenna permit must be obtained from the City prior to any installation of an antenna that is greater than one meter in diameter.

B. Installation in a non-residential zone.

The installation of any exterior satellite or dish antenna having a dimension greater than one meter in any non-residential zoning district shall require Use Permit approval.

Sec. 4-44-170. Animal Keeping.

Animal keeping within the City shall comply with requirements of this Section, and shall occur only where allowed by Article 2 (Allowable Land uses and Zoning District Standards), and this Section.

The provisions of this Section are intended to assist in maintaining the City's semi-rural character while ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.

A. Pre-existing uses.

Any legally established animal keeping use that became nonconforming upon adoption of this Land Use Code shall be permitted to continue subject to Chapter 4-72 (Nonconforming Uses, Structures, and Parcel).

B. Allowable animal keeping activities and permit requirements.

1. Activities and permit requirements. Animal keeping, including related animal husbandry (breeding, judging, etc.) is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in Subsection C. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, in addition to any City approval required by this Section.
28

Chapter 4-44. Standards for Specific Land Uses
Table 4-1 Allowable Animal-Keeping and Permit Requirements Permit Requirements by Zoning District
Other Zone
Allowing
Type of Animal R-E R-1 R-2 R-3 Residential Use A-C
Aviary (Keeping of birds other than fowl or
poultry)
Beekeeping
Dogs and cats
Fowl and poultry, except roosters
Hogs and swine
Horses and cows
Roosters
Other small animals (defined in Table 4-2)
Other large animals (defined in Table 4-2)
p
p
p
UP
UP
UP
p
p
p
p
p
UP
p
p
UP
p
p
p
p
p
p
p
p
p
p
p
p
p
Key to permit requirements
p Permitted animal keeping, no City approval required for the animal keeping activity, provided that it complies with the standards in Subsection C. through F.

UP Use Permit approval required in compliance with Section 4-62-050.

Type of animal or activity not allowed.

2. Use Permit review. Where Table 4-1 requires a Use Permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Use Permit in compliance with this Section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.

C. Animal keeping standards.

All animal keeping shall comply with the standards in Table 4-2, where allowed by Subsection B., Table 4-1, except that more animals may be allowed by Use Permit.

Draft 2024 29

City of Gustine
Zoning and Subdivision Code
Table 4-2 Animal-Keeping Standards
-
Minimum Setbacks°
From
Maximum Number of Minimum Lot Side/Rear From Streets
Type of Animal or Facility Animals per Site'· 4 Area
2 Property Lines and Dwellings
Aviary (keeping of birds other than fowl or
poultry)
Beekeeping
Boarding or breeding kennel
Dogs and cats
Fowl and poultry, except roosters
Hogs and swine
Horses and cows
Roosters
Other small animals - Including chinchillas,
rabbits, non-poisonous reptiles, rodents'
and other non-poisonous animals of similar
size.

Other large animals - Emus, goats, llamas,
miniature horses, and donkeys, ostriches,
pot belly pigs, sheep, and similar sized
animals.
20 per acre
N.A.
½ acre
5 acres
25ft
25 ft
50ft
50ft
5 animals total on a site None None None
less than 1 acre; 5 of each required required required
species on a site of 1 acre
or more
12 per acre ½ acre 25 ft 50 ft
1 per acre 2 acres so ft 100 ft
2 per acre 1 acre 25 ft 50 ft
1 per acre 1 acre 25 ft 50ft
4 animals total on a site None for4or None on a site None on a site less than 1 acre; 4 of each fewer animals; of less than 1 of less than 1 species on a site of 1 acre 1 acre for 5 or acre; 10 ft. on acre; 25 ft on a or more, where allowed more animals. a site of 1 acre site of 1 acre by Table 4-1. or more. or more.
4 per acre ½ acre 25 ft SO feet for
accessory
structure,
none for
pasture.

Requirements establishing by Use Permit approval, and Subsection F. 1 Offspring allowed in addition to maximum number until weaned; greater numbers of animals than allowed by Table 4-2 may be authorized by Use Permit.
1 Minimum lot area required for the keeping of animals. 3 Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not Including areas continuously maintained as pasture. Animals shall not be kept in any required front yard setback except in pasture areas.

In A-C Zone, additional animals allowed by UP.

D. Maintenance and operational standards.

All animal keeping shall comply with all of the following maintenance and operational standards.

1. Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.

2. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

3. Waterway protection. The keeping of horses or cattle within 50 feet of any waterway shall require Use Permit approval. In addition to the other materials required for a Use Permit application, the applicant shall submit a plan for the protection of the waterway from the 30

Chapter 4-44. Standards for Specific Land Uses
polluting effects of runoff from the animal keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the review authority.

4. Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

5. Noise control. Animal keeping shall comply with the noise standards established by Section 4-30-050 (Noise Standards).

E. Animal husbandry projects.

The keeping or raising of the other small animals listed in Table 4-2 as a4-Hor Future Farmers of America (FFA) project may be allowed with up to 25 animals in the R-E and R-1 zones subject to Use Permit

1. Application requirements. The Use permit application shall include a written agreement of supervision by 4-H or FFA officials that provides a detailed description of the method to be utilized to control odors and insects.

2. Setback requirements. Any structure, cage, or shelter required for animal keeping shall not be located within a required front or street side setback, and be set back a minimum of five feet from side or rear property lines.

3. Maintenance. The animal keeping shall comply with all standards in Subsection D.

F. Kennels and animal boarding.

Each kennel and other small animal boarding facility shall comply with the following standards.

1. Minimum site area. An animal boarding facility may be approved only on a parcel of two acres or larger.

2. Enclosure within building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.

3. Noise control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.

4. Management. A manager of the facility shall be present on the site at all times.

Sec. 4-44-180. Alternative Energy Requirements.

Alternative Energy Requirements shall be incorporated into the design and construction of new residential developments consisting of 20 units or more, non-residential developments of 20,000 square feet or more. Where 20 residential units or more are proposed, 50% shall be designed for alternative energy source and the remaining 50% shall be designed to incorporate alternative energy source after construction.

Draft 2024 3l

City of Gustine
Zoning and Subdivision Code
Sec. 4-44-190. Transitional and Supportive Housing.

A. Transitional housing and supportive housing are considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583, subdivision (c)(3).

B. Supportive housing is a use by right in all zones where multifamily and mixed uses are permitted, in accordance with Government Code Title 7, Division 1, Chapter 3, Article 11 (commencing with Section 65650).
(Ord. No. 479, § 11, 3-6-18; Ord. No. 514, § 4,3-15-22) Sec. 4-44-200. Body Art Facilities.

A body art facility permitted to operate within the City pursuant to this Code may only operate between the hours of 8:00 a.m. and 10:00 p.m., and must otherwise comply with all local and state requirements for body art facilities.
(Ord. No. 513, 5 2, 3-15-22)
Sec.4-44-210.Emergency Shelters.

Emergency Shelters shall be located, developed, and operated in compliance with the following standards.

A. Proximity to other shelters. No emergency shelter shall be located within three hundred (300) feet of another emergency shelter.

B. Length of stay. Maximum of six@)months
C. Size and location of exterior and interior waiting and drop-off:
a. An adequately-sized waiting and drop-off area, for the sheltered persons and their personal effects, shall be provided at eacb.emergency shelter facility. This area must be in the interior of the building.
b. Said waiting/drop-off area shall comply with all requirements of the applicable Building Codes relating to such a use or occupancy.

D. Security and lighting.
a. For an emergency shelter with ten (10) or more beds, an adequate number of on-site security guards shall be present during the waiting/drop-off periods before opening and after closing.
b. For an emergency shelter with twenty-five (25) or more beds, an adequate number of onsite security guards shall be provided at all times when the shelter is operating. c. Exterior lighting shall be provided at each facility as directed by the Chief of Police. d. Other security measures, such as security cameras and recorders. security gates, or other necessary requirements. shall be provided as directed by the Chief of Police. 32

Chapter 4-44. Standards for Specific Land Uses
E. Provision of on-site management. All emergency shelter facilities shall have on-site management present at all times when the shelter is operating, and during the periods when sheltered persons are waiting before opening and after closing of the facility.

F_ Health and Safety Standards. The emergency shelter must comply with all applicable Federal and state standards.

Sec. 4-44-220. Farmw Worker and Employee Housing.

Employee housing for employees and their households consisting of up to thirty-six (36) beds in a group quarters or up to twelve (12) units or spaces designed for use by a single family or household shall be allowed subject to the provisions of this Section. Every person, or agent or officer thereof,constructing, operating, or maintaining a Farmworker Housing Complex shall comply with the requirements of this Section and all applicable health, safety and building codes and standards.

Sec. 4-44-230. Residential Care Facilities and Community Care Facilities.

A. Residential Care Facilities and Community Care Facilities are considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance within-California_Health and Safety Code&Section 1502.

Sec.4-44-240.Single-Room Occupancy Housing.

A. The purpose of these regulations is to allow the development of reduced-size dwelling units, defined as single room occupancy ('SRO.) units, wfth limited parking requirements to provide additional options for affordable housing opportunities. These units are typically smaller in size and comprised of one or two_rooms along with a kitchen and bathroom. These SRO_regulations are in addition to the regulations of the applicable zoning district standards.The minimum development standards for SROs are as follows:
a. Unit size. The net area of an SRO unit may range from a minimum of 150 square feet to a maximum of 400 square feet. with the average unit size being no greater than 345 square feet within an SRO development.
b. Private Facilities.
i. SRO units of 220 square feet or more are required to have a kitchen and a full bathroom. Kitchen facilities. Each unit shall be provided a kitchen sink serviced with hot and cold water with a garbage disposal and a countertop measuring a minimum of 18 inches wide by 24inches deep. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.
ii. A full bathroom shall contain at least a toilet, sink and bathtub, shower or bath/shower combination.
i i. A partial (or half} bathroom shall have at least a toilet and sink. iv. All SRO units must have a closet.

Draft 2024 33

City of Gustine
Zoning and Subdivision Code
_. Management. Twenty-four-hour pn-site management must be provided atanSRO with seven or more units and shall include a dwelling unit designated for the manager. d_ AI]SRO projects must have a management plan approved by the planning director. The management plan shall contain management policies,maintenance plans,rental procedures. tenant rules, and security procedures.
g Common_Area.A_minimum of10square feet for each unit or250square feet, whichever is greater, shall be provided for a common area. All common area shall be within the structure.Dining rooms,meeting rooms,recreational rooms, or other similar areas approved by the planning director may be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.
a.f. SR Os must meet the current local standards for building safety. 34

EXHIBIT D
[_} sphere of Influence
CJ cy units
Parcels
Resldentlal Land Use
Residential Estate District (RE)
Low Density Residential (LDR) Medium Density Residential (MDR] Medium/High Density Residential (MHDR)
lad Planned Development (PD) I Mobile Home Par oust«ct (Po) Commercial Land Use
Retail Business District (RBD)
L General an service commercial pistrict (Gsc [ oince commercial (oc) [t Neighborhood commercial District (CN) IE Highway commercial District (cH) I Med use (Mu) Industrial Land Use =l Controlled Industrial (I)
I Manufacturing (w
Other Land Use
I Agricultural-commercial (AG-c)
open space (os1
E Greenway
Puene (P)
-
1 City of Gustine Land Use Map
I A 2,000
I
I
I
\
I
\e
I '
, s
'
,-, ..... ---------�----
Feet
1,000
I
I
I

L city Limits Residential Zoning Districts Industrial and Publlc Districts I (Controlled Industrial) M {Manufacturing)
AP (Airport)
P-+(Public-Institutional)
Combining Districts
//,,MU (Mixed use) '/'/A T(Mobile Home Park)
'/,/;P (Parking District)
I
R-E (Residential Estate) R-1(Single-Family Residentlal) R-2 (Medium-Density Residential) say.jg R-3 (Multiple Residential)
I R-4 (Multiple Residential)
PD (Planned Development)
Commercial Zoning Districts
C-N(Neighborhood Conimercal) c-o(office commercial) c-1(Downtown Commercial) c-2(General Commercial) C-H(Highway Commercial) -
Parcels
\
City of Gustine Zoning Map
\ I
,,
-
l l
750 1,500 N I
Feet A

EXHIBIT E
City of Gustine
Housing Element Update, Safety Element Update,
Environmental Justice Element, and Site Rezonin
General Plan EIR Addendum
State Clearinghouse Number 2000082129
prepared by
City of Gustine
Community Development Department
352 5th Street
Gustine, California 95322
Contact: Jami Westervelt, Economic & Community Development Director prepared with the assistance of
Rincon Consultants, Inc.
4589 North Marty Avenue, Suite 102
Fresno, California 93722
r 30
YEARS
September 2024
RINCON CONSULTANTS, INC, SINCE 1994

Table of Contents
Table of Contents
Abbreviations and Acronyms iii
1 Introduction and Project Summary 1

1.1 Project Title 1

1.2 Lead Agency Name and Address 1

1.3 Contact Person and Phone Number 1

1.4 Project Location 1

1.5 Project Description 4

1.6 Discretionary Action 7

1.7 Prior Environmental Document(s) 7

1.8 Location of Prior Environmental Document(s) 7
2 Project Context 8

2.1 Purpose of the Housing Element 8

2.2 Regional Housing Needs Allocation (RHNA) 9

2.3 Changes in State Law 9

2.4 City of Gustine General Plan 10

2.5 Gustine General Plan EIR 10

2.6 Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning 11

2. 7 Buildout of Proposed Project and Comparison to the 2002 General Plan EIR 29 3 Overview of CEQA Guidelines Sections 15162 and 15164 32 4 Environmental Effects and Determination 34

4.1 Environmental Areas Determined to Have New or Substantially More Severe Significant Effects Compared to Those Identified in the Previous EIR 34

4.2 Determination 35
5 Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning Background '"········· 36

5.1 General Plan Consistency 36

5.2 Preliminary Environmental Constraints 37
6 Addendum Evaluation 38

6.1 Introduction 38

6.2 Aesthetics 38

6.3 Agriculture and Forestry Services 39

6.4 Air Quality 40

6.5 Biological Resources 41

6.6 Cultural Resources 42

6.7 Energy 43

6.8 Geology and Soils 44

6.9 Greenhouse Gas Emissions 45
General Plan EIR Addendum

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning

6.10 Hazards and Hazardous Materials 46

6.11 Hydrology and Water Quality 47

6.12 Land Use and Planning 48

6.13 Mineral Resources 48

6.14 Noise 49

6.15 Population and Housing 49

6.16 Public Services 50

6.17 Recreation 51

6.18 Transportation 52

6.19 Tribal Cultural Resources 53

6.20 Utilities and Service Systems 54

6.21 Wildfire - 55
7 Cumulative Impacts 57

7.1 General Plan EIR Findings 57

7.2 Addendum Analysis 57

7.3 Conclusion 57
8 Summary of Findings 59
9 References 61

9.1 Bibliography 61

9.2 List of Preparers 62
Tables
Table 1
Table 2
Table 3
Table 4
Figures
Figure 1
Figure 2
Figure 3
2024-2032 Regional Housing Need Allocation.....................................sos....................... 9 Summary of Areas of Potential Impact under the 2002 General Plan EIR 11 Proposed Rezoning Sites 30
Total Development Evaluated in the 2002 General Plan EIR Compared to the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning 30 Regional Location 2
City Limits 3
Housing Opportunity Sites and Rezone Sites 6

Abbreviations and Acronyms
Abbreviations and Acronyms
AB
ADU
AMI
EIR
ABAG
BAAQMD
CAPCOA
CCAP
CCR
CEQA
DOF
EIR
FHSZ
GHG
HCD
LOS
MCAG
PG&E
RHNA
RPS
SB
SOI
SR
VMT
Assembly Bill
accessory dwelling unit
Area Median Income
Environmental Impact Report
Association of Bay Area Governments
Bay Area Air Quality Management District
California Air Pollution Control Officers Association
Community Climate Action Plan
California Code of Regulations
California Environmental Quality Act
California Department of Finance
Environmental Impact Report
Fire Hazard Severity Zone
greenhouse gas
California Department of Housing and Community Development Level of Service
Merced County Association of Governments
Pacific Gas and Electric
Regional Housing Needs Assessment
California's Renewable Portfolio Standard
Senate Bill
Sphere of Influence
State Route
vehicle miles traveled
General Plan EIR Addendum lli

iv
This page intentionally left blank.

1 1.1
Introduction and Project Summary
Introduction and Project Summary
Project Title
City of Gustine 2024-2032 Housing Element Update, Safety Element Update, Environmental Justice (EJ) Element, and Site Rezoning
1 .2 Lead Agency Name and Address
City of Gustine
Planning Division
352 5 Street
Gustine, California 95322
1 .3 Contact Person and Phone Number
Jami Westervelt
Economic & Community Development Director
City of Gustine
PO Box 16
Gustine CA 95322
(209) 854-6471
l .4 Project Location
The City of Gustine is located at the junction of State Route (SR) 33 and SR 140 in northwestern Merced County. Interstate 5 is located approximately 5 miles to the west, and the City of Los Banos is located approximately 16 miles to the south.

Figure 1 shows a regional map of the City's relationship to nearby cities, communities, and the regional transportation system, and Figure 2 shows the city's limits. The City is bisected by SR 33, a north-south transportation artery, and also by the Northern California Railroad, which is located adjacent to SR 33 in the northern portion of the city. The Gustine Municipal Airport is located on the eastern portion of the City limits and a canal runs adjacent to the western side of the City limits. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning applies to all lands within the City's limits.

General Plan EIR Addendum

Figure 1 Regional Location
CR)14
Livingston
\.

Dihi
'3
99 loss A
,
C
g «
(
£
I
Marsh· ·e
t
cr
,
¢
e
e
,
,
,
6 «
,
,
,
Newm3"
¢
¢
e
¢
,
,
,
' e
,
¢
,
ottop wood R
@
George J
Hatfield State
Recreation Area
@
•
San Luis
Reservoir State
Recreation Area
Henry Miller Ave
0 2.5 5 Miles Los Banos
Imagery provided by Esrl and its censors C 2024
'Q1
oa ~.... '
' 'g' Modesto
z ta«ont
[_] Project Location
" L' Merced County
N
A
<7 Stockton
San law
Santa Cruz * to 8an0s
Merced
Sarlinas
tontere
Fresno
$olodd
Lemoore
Coalinga
venal
2

[] Guse Mcs»» #sort
,J._ -----:-+.33-0 ----'. 0
75 JN·,
A'le5
General Plan EIR Addendum
Introduction and Project Summary
3

1 .5 Project Description
The project consists of a comprehensive update to the City of Gustine Housing Element and Safety Element, a new Environmental Justice (EJ) Element, and Site Rezoning as part of the Housing Element Implementation Program (herein referred to as "Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning" or"project"). The Housing Element, Safety Element Update and EJ Element would amend the City's 2002 General Plan ("General Plan"). The General Plan underwent environmental review in the form of an Environmental Impact Report (EIR), which was certified in February 2002 by the City Council (State Clearinghouse No. 2000082129). The EIR for the General Plan is a comprehensive document and includes discussion of alternatives and growth inducing impacts associated with urban development in the city at the time it was developed.

Housing Element Update
State law requires that housing elements be updated every eight years (California Government Code Sections 65580 to 65589.8). The Housing Element Update identifies residential sites adequate to accommodate a variety of housing types for all income levels and needs of special population groups, defined under State law (California Government Code Section 65583). It analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all persons. The City's Housing Element is being updated as part of the State's 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. For Gustine, the planning period runs from January 2024 through January 2032.

The project would bring the City's Housing Element into compliance with State legislation passed since the publication of the previous (5th Cycle) Housing Element (adopted in March 2020). The Housing Element Update includes a housing Site Inventory (Section D6 of the Housing Element) that demonstrates how the City plans to meet its 6th Cycle RHNA allocation. However, no physical development is proposed at this time.

The Housing Element Update would not, in and of itself, result in environmental impacts as it does not propose to develop any projects. Rather, it establishes objectives and policies designed to guide future development as the City works to achieve State-mandated housing goals. The City's implementation of these policies and programs includes the rezoning of sites in the inventory of potential sites for meeting the City's RHNA obligation. No physical development is proposed at this time, and future individual development projects would require project-specific review.

When a specific development proposal is considered for approval, that project would be subject to adopted development guidelines and standards and it must comply with the General Plan policies and actions listed in the certified General Plan EIR in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15168(c)(3).If a subsequent activity (in this case a specific development proposal) would have effects not identified in the EIR (including both the General Plan EIR and this Addendum), the lead agency must prepare additional CEQA documentation prior to project approval.

The Housing Element Update's Site Inventory includes up to ten sites that have the potential to meet the City's housing development needs. Up to eight of the sites could be rezoned to facilitate additional residential development as shown in Figure 3. While it is unlikely that all eight would be approved for rezoning, as only four sites would be necessary for rezoning to meet the RHNA allocation, to provide a buffer, an additional four sites are being contemplated for rezoning and thus 4

Introduction and Project Summary
considered as potential rezoning sites in this analysis in order to evaluate potential environmental impacts in accordance with CEQA. All eight of the potential rezone sites are herein referred to as "rezone and backup rezone sites".

The sites would change land use designations and be rezoned to either Medium Density (R-3) or High Density (R-4) residential as shown below in Table 3. These sites encompass approximately

30.86 acres and can accommodate a total of 491 units. As noted above, while eight sites are being considered in this analysis, only 194 housing units are necessary to meet the remaining RHNA allocation. So, while 491 units is being analyzed for environmental impacts in this Addendum, it is anticipated that only some of the sites would actually be approved for rezoning. Nevertheless, this rezone would accommodate population growth, facilitate multi-family housing development, and ensure alignment with the State RHNA accommodation, which is being contemplated in the upcoming 6th Cycle Housing Element (anticipated to be completed at the end of 2024 or beginning of 2025). The growth associated with the redesignations and rezoning on up to eight sites was not contemplated as part of the General Plan and thus would be a net increase in the number of housing units at those parcels compared to the analysis in the General Plan EIR.

Safety Element Update
The Safety Element Update aims to reduce the potential of short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards. The Safety Element would be updated to include a new set of nine goals and associated policies, and implementation programs related to wild land fires; seismic and geologic hazards; flooding and inundation hazards; hazardous materials release, exposure, and contamination; natural and human-made hazards; emergency and disaster preparedness, response, mitigation, and recovery; emergency services; public safety and crime; and climate change hazards. The goals, policies and programs are provided in more detail in Section 2.6 below.

Environmental Justice (EJ) Element
The EJ Element aims to prevent and correct disproportionate impacts on vulnerable population from either the presence or absence of certain land uses, facilities, and physical and social infrastructure. The new stand-alone EJ Element would include eight goals and associated policies, and implementation programs related to healthy communities; public facilities and services; healthy food; healthy living conditions; recreational and physical activities; compound health risks; civic engagement; and public investment. The goals, policies and programs are provided in more detail in Section 2.6 below.

This Addendum, therefore, analyzes the changes and potential impacts related to the adoption of the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning. This Addendum is intended to demonstrate consistency of the proposed project with the General Plan to comply with CEQA. The General Plan underwent extensive environmental review in the form of an EIR, which was certified in 2002. The EIR for the General Plan is a comprehensive document and includes discussion of alternatives and growth-inducing impacts associated with buildout of the City at the time it was developed. This Addendum compares the buildout of the proposed project with the full-buildout scenario presented in the General Plan EIR. This Addendum assesses whether the project would result in impacts not addressed or previously analyzed in the General Plan EIR.

General Plan EIR Addendum 5

Figure 3 Housing Opportunity Sites and Rezone Sites
a-, 2 F- �---
---
t
8 j
Southeast Gustine
% Northeast
3 Gustine
I
I
j
I· I
Northwest
Gustine
(a4bCrc
Southwest Gustine
CJ cw soon»
[
_ _
Neighborhoods
[] nee sue»
[] Ater»tve sues
Proposed Zoning
= +
indicates a Map ID tor a
Site Inventory site
Imagery provided ty En arud its censors s 204
70U
Feet
1400 N
A
6

Introduction and Project Summary
l .6 Discretionary Action
Implementation of the Housing Element would require the following discretionary actions by the City of Gustine Planning Commission:
• Approval of a General Plan Amendment to incorporate the 2024-2032 Housing Element Update • Approval of a General Plan Amendment to incorporate the Safety Element Update • Approval of a General Plan Amendment to incorporate the Environmental Justice Element • Approval of a General Plan Amendment to incorporate changes to the Land Use Element and Land Use Map from rezoning of proposed sites
• Approval of Zoning Code updates and Zoning Map (to incorporate Housing Element Update programs) and rezoning on the proposed sites as identified in the Housing Element Update • Consideration of this Addendum
The California Department of Housing and Community Development (HCD) reviews and certifies that the proposed Housing Element complies with State law. Aside from HCD, no other approvals by outside public agencies are required.
l .7 Prior Environmental Document(s}
City of Gustine, General Plan Environmental Impact Report (General Plan EIR). State Clearinghouse Number 2000082129, certified February 2002.
l .8 Location of Prior Environmental Document(s)
City of Gustine, Document Center website:
https://gustineca.municipalone.com/documentlist.aspx?categoryid=13574 General Plan EIR Addendum 7

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning 2 Project Context
The California Legislature has identified the attainment of a decent home and suitable living environment for every resident as the State's major housing goal. Recognizing the important role of local planning programs in pursuing this goal, the legislature mandated that all cities and counties prepare a housing element as part of their comprehensive general plans. Government Code Sections 65580 to 65589.8 set forth the specific components to be contained in a community's housing element.

2.1 Purpose of the Housing Element
The Housing Element is designed to provide the city with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community. A priority of both State and local governments, Government Code Section 65580 states that "the availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian family is a priority of the highest order." Pursuant to the State law, the Housing Element has two main purposes:

1. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and

2. To provide a strategy that establishes housing goals, policies, and programs.

The Housing Element is one of eight General Plan elements the State mandates in Government Code Section 65302. The Housing Element serves as an integrated part of the General Plan but is updated more frequently to ensure relevancy and accuracy. The Housing Element identifies strategies and programs that focus on:

1. Conserving and improving existing affordable housing

2. Maximizing housing opportunities throughout the community

3. Assisting in the provision of affordable housing

4. Removing governmental and other constraints to housing investment

5. Promoting fair and equal housing opportunities
The Housing Element is an official response to the need to provide housing for all economic segments of the population, establishing goals, policies, and programs that will guide City decision making and set forth an action plan to implement these housing programs through an established planning period.

The Housing Element must identify residential sites adequate to accommodate a variety of housing types for all income levels and to meet the needs of special population groups as defined under State law (California Government Code Section 65583). The Housing Element analyzes market and governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all persons. 8

Project Context

2.2 Regional Housing Needs Allocation (RHNA)
The RHNA reflects the California Department of Housing and Community Development's determination of the projected housing needs in a region by household income level as a percent of the Area Median Income (AMI). The Merced County Association of Governments (MCAG) was tasked with allocating this regional housing need among the jurisdictions in the MCAG region, which includes the City of Gustine. Table 1 shows the breakdown of the RHNA for Gustine during the 2024- 2032 planning period.

Table 1 2024-2032 Regional Housing Need Allocation
Gustine Percent of Regional Unit Needs Percent of
Income Group Unit Needs Gustine Units (Merced County) Regional Units Extremely Low and Very Low 77 22.2% 5,516 24.4%
(< 50% of AMI)
Low (51-80% AMI) 53 15.3% 3,780 16.7%
Moderate (81-120% AMI) 64 18.5% 3,930 17.4%
Above Moderate (>120% AMI) 152 43.9% 9,394 41.5%
Total 346 100% 22,620 100%
AMI= Area Median Income (established annually by the Department of Housing and Urban Development) Source: MCAG 2022
The Regional Housing Need Allocation (RHNA) does not project the need for extremely low-income units, but pursuant to Government Code Section 65583(a), the City must project its extremely low-income housing needs based on Census income distribution or assume SO percent of the very low-income units required by the RHNA as extremely low-income units. The City's very low-income requirement is 77 units. The number of extremely low-income units that the City must plan for shown here was projected using Census data. According to the Comprehensive Housing Affordability Strategy (CHAS), data developed by HUD, 22.9 percent of households in the City earned less than 50 percent of the AMI. Among these households, 55.3 percent earned incomes below 30 percent (extremely low). Therefore, the City's RHNA allocation of 77 very low-income units was distributed as 43 extremely low (55 percent of the 77 very low-income units required by the RHNA) and 34 very low-income units. However, for purposes of identifying adequate sites for the RHNA allocation, state law does not mandate the separate accounting for the extremely low-income category.

The City had 2,157 housing units as of January 2024 (California Department of Finance [DOF) 2024).

As of 2024, 85.3 percent were single-family units, which included 1,424 single-family detached units and 55 single-family attached units; 171 were multi-family dwelling units; and 147 were mobile homes (DOF 2024).

2.3 Changes in State Law
The following items represent substantive changes to State housing law since the City's last Housing Element was adopted and certified in 2020. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning has incorporated and addressed all pertinent housing law changes. • By Right Transitional and Permanent Supportive Housing: AB 101 (2019) • Accessory Dwelling Units: AB 68 (2019) and AB 671 (2019) • Housing Crisis Act of 2019: Senate Bill 330 (2019)
• Surplus Land Act Amendments: AB 1486 (2019) and AB 1255 (2019) General Plan EIR Addendum 9

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning

2.4 City of Gustine General Plan
State law mandates that each city and county in California adopt "a comprehensive, long-term general plan," the purpose of which is to plan for important community issues such as new growth, housing needs, and environmental protection. Furthermore, the General Plan is used to project future demand for services such as sewer, water, roadways, parks, and emergency services.

The General Plan, adopted in February 2002, is a long-term document with text and diagrams that express the goals, objectives, and policies necessary to guide the community toward achieving its vision over an 18-year period (2002 to 2020). The General Plan reflects the priorities and values of the community.

City decision-makers (e.g., City Council and Planning Commission), rely on the General Plan as the basis for making decisions on matters such as land use, and the provision of public facilities (e.g., roads, parks, fire stations). It is also a policy document that guides decisions related to protecting, enhancing, and providing open space, habitat conservation, arts and recreation programming, and community character.

State law requires that every General Plan, at a minimum, address certain subject categories (called "elements"), which include land use, circulation, housing, conservation of natural resources, environmental justice, open space, noise, and safety. A General Plan may also address other subjects that are of importance to the community" future, such as sustainability, community design, and public art. The General Plan includes the following elements (City of Gustine 2002a):
• Land Use
• Urban Expansion
• Public Facilities
• Circulation
• Housing
• Noise
• Safety
■ Open Space

2.5 Gustine General Plan EIR
The General Plan EIR addressed the potential environmental effects of the planned buildout of the City of Gustine through 2020 and concluded that General Plan implementation would result in levels of environmental impacts as detailed in Table 2.
10

Project Context
Table 2 Summary of Areas of Potential Impact under the 2002 General Plan EIR Level of Significance Mitigation Proposed
Issue Area After Mitigation in the General Plan EIR
Aesthetics
Agricultural Resources
Air Quality
Biological Resources
Cultural Resources
Geology and Soils
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation and Traffic
Public Utility and Service Systems
Source: City of Gustine 2002b
Less than Significant
Significant and Unavoidable
Significant and Unavoidable
Less than Significant
Less than Significant
Less than Significant
Less than Significant
Less than Significant
Less than Significant
No Impact
Less than Significant
Less than Significant
Less than Significant
Less than Significant
Significant and Unavoidable
Less than Significant
None required
Mitigation related to Conservation
Easements, Right-To-Farm ordinance, and
Williamson Act
None available
None required
None required
None required
None required
None required
None required
None required
None required
None required
None required
None required
None available
None required
General Plan Buildout Assumptions
The General Plan has a planning horizon of 2020, but it does not specify or anticipate exactly when buildout would occur, as long-range demographic and economic trends are difficult to predict. The designation of a site in the General Plan for a certain use does not necessarily mean that the site will be developed or redeveloped with that use during the planning period, as most development depends on property owner initiative.

As discussed in the General Plan EIR Section 2.5, Assumptions & Considerations, new development under the General Plan would result in a net increase of 1,870 housing units and 9,000 residents compared to existing conditions in 2002 (City of Gustine 2002b).

2.6 Housing Element Update, Safety Element Update,
EJ Element, and Site Rezoning
The 2024-2032 Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning has the following major components and goals, policies, and programs:

General Plan EIR Addendum 11

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning Housing Element Update
• A Review of Past Accomplishments to review the housing programs adopted in the 2019-2023 Housing Element (5th cycle) and evaluate the effectiveness of these programs in delivering housing services and assistance. (Chapter D1)
• Documentation of Public Participation efforts Gustine made to engage the public and gather input to inform development of this Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning. (Chapter D2)
• An individual Housing Needs Assessment for the City of Gustine, summarizing demographic, employment, and housing characteristics. (Chapter D3)
• A Housing Constraints Analysis analyzing constraints to the development of adequate and affordable housing including market, governmental, infrastructure, and environmental factors. (Chapter D4)
• An analysis of issues related to Affirmatively Furthering Fair Housing (AFFH) for the City of Gustine. (Chapter D5)
• Documentation of methodology and results of the Housing Resources and Site Inventory Analysis conducted to demonstrate the City of Gustine's ability to meet its share of the 6th cycle RHNA. The analysis demonstrated that the City must rezone sites to meet its share of the RHNA. (Chapter D6)
• A Housing Plan, which is comprised of the Goals, Policies, and implementation Programs that the City intends to implement over the next 8-year planning cycle. (Chapter D7) Goals, Policies, and Programs
The primary objective of the Housing Element is to encourage the production of new housing units to meet the RHNA and housing for special needs populations. This is done by adopting a series of goals and policies that facilitate the development of all housing types, explore innovative housing solutions, address the needs of the City's residents, and affirmatively further fair housing. The 2024- 2032 Housing Element Update, Safety Element Update, EJ Element Update, and Site Rezoning goals, policies, and programs are summarized below and referenced throughout this Addendum as appropriate.

REGIONAL COLLABORATION
The Housing Element Update includes policies and programs to foster collaboration with jurisdictions within Merced County to address housing issues.

HOUSING DEVELOPMENT
State law requires that the goals and policies of the housing element encourage and facilitate the production of a range in types of housing affordable to households of varied income levels. The Housing Element Update includes policies and programs to provide an adequate supply and range of housing types to meet the diverse needs of residents.

AFFORDABLE HOUSING OPTIONS
The Housing Element Update includes policies and programs to facilitate the development of affordable housing and protect the existing supply of affordable housing to extremely low-, very low-, low-, and moderate-income households.
12

Project Context

HOUSING AND NEIGHBORHOOD PRESERVATION
The Housing Element Update includes policies and programs to maintain and improve the City's existing housing stock.

HOUSING FOR PERSONS WITH SPECIAL NEEDS
The Housing Element Update includes policies and programs to support and provide housing and services for people with special needs in the community, including seniors, families with children, people with disabilities, single-parent families, farmworkers, and people who are experiencing homelessness or at risk of becoming homeless.

RESOURCE CONSERVATION AND SUSTAINABLE DEVELOPMENT
The Housing Element Update includes policies and programs to ensure development of energy efficient and sustainable new housing.

AFFIRMATIVELY FURTHERING FAIR HOUSING
The Housing Element Update includes policies and programs to promote housing opportunities and access for residents regardless of age, race, religion, sex, marital status, ancestry, national origin, color, disability, or economic level in compliance with local, State, and federal fair housing laws.

Safety Element Update
The proposed Safety Element Update includes new and revised goals, policies and programs that address updates to State law and legislation and address a variety of hazards that may affect residents, property and businesses in Gustine. The goals, policies and programs include the following and are intended to reduce impacts related to hazards and generally do not result in physical changes to the environment as they would reduce or improve impacts rather resulting in new physical development or construction:

Goals, Policies, and Programs
Goal 1: Minimize risk of injuries, property damage, and economic loss resulting from urban and wildland fires in and around Gustine.

Policy 1.1: Continually identify any areas of likely urban fire risks in Gustine.

Program/Implementation 1.1.A:Code Enforcement shall continue to conduct an annual assessment pre-fire season to identify weed
overgrowth and enforce vegetation clearance.

Prevent fuel accumulation around any City-owned infrastructure where fires may occur.

Program/Implementation 1.2.A: The City shall initiate and conduct periodic Policy 1.2:

Policy 1.3:
evaluations regarding the need for clearance
activities.

Maintain an adequate peak load water supply for fire suppression efforts in Gustine.

General Plan EIR Addendum 13

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning Program/Implementation 1.3.A:The City shall continue to require each new largescale development to submit a water usage plan showing that Gustine's water system can supply the
new development with minimum water amounts
while maintaining optimal water supply for fire
suppression work.

Program/Implementation 1.3.B:The City shall continue to conduct a water supply and infrastructure assessment to determine the
adequacy of existing water supply infrastructure,
including the wells, pipes, storage tank, and fire
hydrants. The City shall identify system
improvements to be conducted if any part of the
water supply system is found insufficient to meet
peak load water supply requirements for fire
suppression efforts and shall fund these
improvements to the extent possible. Where
funding is not available, the City shall seek grant
funding to continue system improvement efforts.

Continue to enforce and, as necessary, adopt new development standards, including relevant sections of the State Building Code, to reduce fire hazard risks for new and existing development.

Program/Implementation 1.4.A:The City shall continue to enforce requirements to provide defensible space around homes and other
buildings and strengthen standards as needed to
provide adequate protection in response to
changing fire regimes.

Goal 2: Minimize risk of injuries, loss of life, property damage, and economic and social disruption resulting from seismic and geologic hazards in Gustine.

Continually identify sections of Gustine that would be more susceptible to damage from seismic shaking, liquefaction, subsidence, or other geologic risks.

Program/Implementation 2.1.A: Identify opportunities to strengthen or relocate existing weak critical structures and lifeline utilities to increase public safety and minimize or avoid
potential damage from seismic and geologic
hazards.

Program/Implementation 2.1.B: Continue to require preparation of a soils report as part of the development review and/or building
permit process as applicable.

Goal 3: Minimize injury, loss of life, property damage, and economic social disruption from flooding and inundation hazards in Gustine.

Policy 1.4:

Policy 2.1:
14 Policy 3.1: Continue to identify and regularly update as needed any areas of likely flood inundation in Gustine using Federal Emergency Management Agencyestablished floodplain mapping along with any local mapping available.

Project Context
Continue to encourage new development in areas outside of the identified 100-year flood inundation zone.

Reinforce and protect any City-owned infrastructure from the threat of flood and/or dam inundation.

Program/Implementation 3.3.A:The City shall conduct regular cleaning and maintenance of storm drains along key roadways,
especially in advance of the rainy season. Improve
storm drain capacity in areas where ponding is
regularly observed.

Coordinate with the U.S. Army Corps of Engineers on potential flooding risks, including risks associated with dam failure.

Goal 4: Reduce likelihood of hazardous materials release, exposure, and contamination in Gustine.

Maintain a record of all businesses and sites in Gustine with hazardous materials to be filed with the Gustine Fire Department and City Engineer.

Encourage commercial or industrial development using hazardous materials in areas away from residential uses and discourage commercial and industrial development using hazardous materials in areas of identified flood or wildfire risk.

Program/Implementation 4.2.A:The City shall discourage new uses of hazardous materials within identified flood and wild land fire
Policy 3.3:

Policy 3.2:

Policy 3.4:

Policy 4.1:

Policy 4.2:

Policy 4.3:
risk areas or within a 0.25-mile radius. New
hazardous material uses within a 0.25-mile radius of
residences shall include a green buffer around the
property.

Collaborate with other cities/towns, Merced County, and regional hazardous waste management organizations to limit the risk of hazardous materials release.

Program/Implementation 4.3.A: Implement truck routes as identified in the General Plan Circulation Element and ensure that any
updates to the Circulation Element consider truck
routes and eliminating truck and commercial
vehicle traffic through residential neighborhoods,
and near parks and schools, in an effort to reduce
hazardous materials and wastes travelling through
sensitive areas.

Policy 4.4: Reduce the risk of exposure to hazardous materials in Gustine.

Program/Implementation 4.4.A:The City shall continue to require the proper storage and disposal of hazardous materials to
prevent leakage, potential explosions, fire, or the
release of harmful fumes. The City shall continue to
inform the residential and business communities
about the illegality of dumping hazardous materials
General Plan EIR Addendum 15

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning Policy 4.5:
and waste in the storm drain system through the
use of signage near storm drains and shall promote
enforcement by encouraging residents to report
illegal storm drain dumping to the Public Works
Department.

Require hazardous materials assessments for development projects on sites of concern.

Program/Implementation 4.5.A: Ensure that any proposed new development on identified or suspected hazardous materials sites
address hazardous materials through the
preparation of Phase I or Phase II hazardous
materials studies for each identified site as part of
the design phase of each project.

Require remediation and cleanup of sites contaminated with hazardous substances if/when development is proposed on a contaminated site.

Continue to promote the reduction, recycling, and safe disposal of household hazardous wastes through public education and awareness.

Apply provisions of the Merced County Hazardous Waste Management Plan to decisions involving hazardous materials in Gustine as appropriate.

Goal 5: Protect the life and property of residents, businesses, and visitors to Gustine from natural and human-made hazards.

Site critical public facilities outside of the identified 100-year flood plain, high fire hazard severity zones, and potential areas of subsidence to the extent possible. Critical public facilities include hospital and healthcare facilities, emergency shelters and resilience hubs, police and fire stations, and emergency communications facilities - if such facilities must be in mapped hazard zones, ensure that such critical facilities are protected from the risks of flood inundation, fire, and subsidence.

Continue to partner with Merced County and other cities within the County to regularly update and implement the currently adopted Merced County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).

Program/Implementation 5.2.A:The City shall continue to work with the County to update the MJHMP upon its expiration to ensure
that Gustine maintains eligibility for pre-disaster
mitigation funding.

Program/Implementation 5.2.B: The City shall review and update as needed the Safety Element at least once every eight years, as
required by State law, ideally concurrent with
updates to the County's HMP or the Gustine
Housing Element so that the best available hazard
data is concurrently incorporated into the Safety
Element.
16 Policy 4.6:

Policy 4.8:

Policy4.7:

Policy 5.2:

Policy 5.1:

Project Context
Program/Implementation 5.2.C:The City shall continue to incorporate by reference the most recently adopted MJHMP into Safety
Element updates as they occur.

Enhance public education and awareness of natural and climate changeinduced hazards and public understanding of disasters.

Program/Implementation 5.3.A:The City shall encourage all persons in hazard-prone areas, especially those living in neighborhoods
along single-access roads to prepare and keep an
emergency and evacuation kit.

Program/Implementation 5.3.B: The City shall supply information related to hazard mitigation and emergency preparation to
vulnerable groups by utilizing emergency
notification systems available through the County
of Merced.

Identify and, as feasible, retrofit any City-owned buildings, roadways, and facilities in areas prone to storm-induced flooding, subsidence, or structural fire to maximize defensible space and outdoor fireproofing, improve drainage systems, and take other actions to harden the property as needed.

Program/Implementation 5.4.A:The City shall, when identifying projects for inclusion in the Capital Improvements Program list,
note any potential vulnerabilities to climate-related
hazards and ensure that the project maximizes its
resilience potential and minimizes any climate
vulnerabilities.

Continue to coordinate with nearby jurisdictions and land managers to reduce the risk of hazardous events occurring in surrounding areas that may affect Gustine.

Develop mitigation strategies to lessen the impacts of future public health crises, including pandemics.

Program/Implementation 5.6.A:The City shall adopt the California Governor's Office of Emergency Services (Cal OES) policy
recommendations to prepare for, prevent, respond
to, recover from and mitigate the effects of all
types of public health crises including any future
COVID-19 pandemic.

Goal 6: Coordinated emergency and disaster preparedness, response, mitigation, and recovery.

Policy 5.3:

Policy 5.4:

Policy 5.6:

Policy 5.5:

Policy 6.1: Continue to encourage and participate in emergency response coordination and collaboration with the Newman Fire Department, the Merced County Fire Department, the California Department of Forestry and Fire Protection (CALFIRE), all neighboring city/town governments in Merced County, the California Governor's Office of Emergency Services, the California Highway Patrol, the Merced County Environmental Health Division, and the Unites General Plan EIR Addendum 17

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning States Federal Emergency Management Agency to enhance emergency management efforts.

Collaborate and coordinate with private utilities operating in Gustine to encourage a more resilient utility system.

Program/Implementation 6.2.A:As updates to utility infrastructure occur, the City shall encourage utility companies to replace
streetlights with new models, or augment existing
streetlights with additional features, allowing them
to act as relay stations for public emergency alerts.

Program/Implementation 6.2.BC: The City shall continue to explore and promote the programs it currently participates in
related to providing reduced-cost energy-efficient
air conditioning systems and structural
strengthening to low-income households, including
the HERO program.

Program/Implementation 6.2.C:The City shall provide reference materials to property owners on programs offered by utility
providers for retrofitting home energy efficiency
and creating defensible space for the purpose of
efficient fire prevention.

Prepare and adequately plan for any necessary evacuation efforts in response to hazards and emergency situations.

Program/Implementation 6.3.A:Continue to ensure adequate emergency vehicle access throughout Gustine by instituting proper
road widths and clearances around new structures
in the City.

Program/Implementation 6.3.B:The City shall continue to review plans for commercial and residential development and
require the applicants to modify their plans if road
widths and clearances are inadequate for
emergency relief efforts.

Program/Implementation 6.3.C:The City shall prepare and maintain a comprehensive list of all public roadways
Support citizen engagement and training in emergency management and response.

Provide community businesses and residents with tools to adequately respond to a disaster
Program/Implementation 6.5.A:Continue to promote the Merced County "Emergency Notification System" warning system
to provide alerts about emergencies and other
dangerous situations.
18 Policy 6.2:

Policy 6.3:

Policy 6.4:

Policy 6.5:

Project Context
Program/Implementation 6.5.B:The City shall continue to work with the Merced County Department of Health and Human Services
and the Merced County Office of Emergency
Services to conduct outreach and educational
programs about extreme temperatures to senior
centers, community groups, schools, churches, and
sports organizations. These programs should
include information on personal cooling strategies,
healthy habits to prevent extreme heat-related
illnesses, and the locations and hours of operations
of cooling centers.

Ensure City facilities are capable of providing and sustaining essential services during times of emergencies or disasters,
Program/Implementation 6.6.A:The City shall evaluate facilities such as City Hall, the police station, fire station, and public works
station, as to what resources are needed to provide
sustained services to the community during times
of emergency.

Goal 7: Ensure emergency services capabilities and response times are sufficient for State requirements and community needs.

Maintain a reasonable response time and appropriate staffing among emergency response services for all sections of the community.

Program/Implementation 7.1.A:The City shall continue to work with the Merced County Fire Department and CAL FIRE to pursue funding opportunities to increase the Gustine Fire Department's staff numbers to meet current State requirements of 2-0 FTE staff per one fire engine.

Program/Implementation 7.1.B:The City shall continue to pursue funding opportunities to address law enforcement personnel needs in Gustine resulting from previous, current, and future population growth, including increasing police staffing levels to meet the State standard of 2 FTEs per 1000 people.

Goal 8: Improved public safety and reduced crime levels in Gustine.

Policy 6.6:

Policy 7.1:

Policy 8.1: Increase City defense against and resilience to cybercrime.

Program/Implementation 8.1.A:Coordinate with the Merced Office of Emergency Services to establish a risk management program to
identify the facilities, communication systems,
and/or infrastructure at risk of cyber-attack in the
City, their likelihood, and potential impacts. Once
identified, place security controls that mitigate the
risks to a level considered acceptable. The risk
management program shall include ongoing
evaluation and assessment of cyber security risks
and controls throughout the life cycle of the
software.

General Plan EIR Addendum 19

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning Goal 9: Community resiliency to climate change hazards, such as drought and extreme heat.

Policy 9.1: Encourage collaboration with regional organizations and agencies to increase resilience.

Program/Implementation 9.1.A: The City shall consider partnerships and support local and regional interagency efforts to assess
climate change impacts and to develop and
implement strategies that increase resilience of
vulnerable populations and ecosystems.

Ensure that there are safe places for community members to gather during hazardous events, including extreme temperatures.

Program/Implementation 9.2.A: The City shall continue to provide shaded areas, air conditioners, and other features at City community
centers, parks, and other outdoor spaces that can
offer refuge from extreme temperatures.

Program/Implementation 9.2.B:The City shall continue to ensure that its facilities used as cooling centers or resilience hubs are
equipped with backup power supplies, including onsite renewable energy generation and energy storage systems, as feasible.

Program/Implementation 9.2.C: The City shall establish an on line virtual resilience hub to provide residents and businesses with
information and resources during an emergency.

Coordinate with regional water agencies to reduce drought risks and ensure Gustine has a healthy and reliable water supply.

Program/Implementation 9.3.A: The City shall promote participation in water conservation programs to reduce water use in the
City of Gustine.

Program/Implementation 9.3.B: The City shall encourage projects that include landscaping to use plants that will continue to be
viable in the area under long-term future climate
conditions. Explore modifying Gustine's landscaping
standards (Municipal Code Article 3, Chapter 4-34)
to support increased use of these species. All
proposed landscaping shall be required to be
compliant with the Water Efficient Landscaping
Ordinance (WELD) and the City's water efficient
landscape standards.

Reduce health and economic risks associated with extreme heat and human health hazards.

Program/Implementation 9.4.A:As new facilities are constructed, the City shall install water refill stations at parks, community
centers, and sport courts/fields with available water
20 Policy 9.2:

Policy 9.3:

Policy 9.4:

Project Context
supplies to encourage proper hydration and
protection against heat-related illnesses.

Program/Implementation 9.4.B:The City shall provide education, partnership, and other local support to local schools to reduce
outdoor exposure during extreme heat events.

Environmental Justice (EJ) Element Update
Consistent with requirements under Senate Bill (SB) 1000, the goals, policies, and programs included within the proposed EJ Element aim to:

1. Reduce the unique or compounded health risks in EJ Neighborhoods by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.

2. Promote civic engagement in the public decision-making process.

3. Prioritize improvements and programs that address the needs of EJ Neighborhoods.

These goals, policies, and programs are presented below. It should be noted, that while the EJ Element are intended to improve a variety of conditions for residents in EJ Neighborhoods in the City, the goals, policies and programs do not result in physical changes to the environment as they would reduce or improve impacts rather resulting in new physical development or construction:

EJ Element Safety Element Update Goals, Policies, and Programs Goal 1: A healthy community where exposure to pollution is minimized.

Policy 1.1: Limit the impacts of climate change on the most vulnerable populations by focusing planning and intervention in Gustine. This can be implemented by ensuring that policies, services, and programs are responsive to community members who are most vulnerable to the potential impacts of climate change. Support new and updated policies and programs that reduce the number of potential pollution sources in Gustine.

Program/Implementation 1.1.A:Coordinate with Merced County regarding the Climate Adaptation Plan that: identifies potential
climate impacts, vulnerable populations and assets;
and develops and prioritizes strategies that either
prevent or mitigate climate impacts, particularly for
vulnerable populations.

Program/Implementation 1.1.B:The City shall require projects to include landscaping using plant materials that will continue
to be native to the area, drought-tolerant and
viable in the area under long-term future climate
conditions by revising Gustine's landscaping
standards (Municipal Code Article 3, Chapter 4-34)
to support increased use of these species. All
General Plan EIR Addendum 21

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning Policy 1.2:
proposed landscaping shall be required to be
compliant with the Water Efficient Landscaping
Ordinance (WELO) and the City's water efficient
landscape standards.

Support policies and programs to meet or exceed energy efficiency targets.

Program/Implementation 1.2.A: (1) cross check to old version; change to continue to add solar as feasible, as needed, and as funding
is available (2) continue to retrofit existing
buildings, construct all new buildings in compliance
with CalGreen Code.

Policy 1.3: Continue to limit the risk of exposure for life, property and the environment to hazardous materials and hazardous waste.

Program/Implementation 1.3.A: Implement truck routes as identified in the General Plan Circulation Element and ensure that any
updates to the Circulation Element consider truck
routes and eliminating truck and commercial
vehicle traffic through residential neighborhoods,
and near parks and schools.

Program/Implementation 1.3.B:The City shall continue to require the proper storage and disposal of hazardous materials to
prevent leakage, potential explosions, fire, or the
release of harmful fumes. The City shall continue to
inform the residential and business communities
about the illegality of dumping hazardous materials
and waste in the storm drain system through the
use of signage near storm drains and shall promote
enforcement by encouraging residents to report
illegal storm drain dumping to the Public Works
Department.

Goal Z: Public facilities and services are distributed equitably throughout the community.

Support opportunities to increase and enhance the park system providing all residents with access to parks, community centers, sports fields, trails, open spaces, and other amenities.

Program/Implementation 2.1.A: Continue to provide equitable public improvements (e.g., siting and funding) throughout the
community.

Program/Implementation 2.1.B: Continue the use of shared use agreements with local stakeholders (such as school districts, private
properties with large open spaces, and religious
institutions) as a method of increasing access to
recreation facilities and community gathering
facilities.
22 Policy 2.1:

Project Context
Promote and support development of community facilities and infrastructure, including:

Program/Implementation 2.2.A: Ensure that new and improvements to existing public facilities are well-designed and compatible
with adjacent land uses.

Encourage the maintenance, rehabilitation, and renovation of existing community facilities in order to maintain high-quality service, and to prevent the deterioration of facilities.

Program/Implementation 2.3.A:Adopt a Capital Improvement Plan (CIP) that prioritizes public investment needs and identifies
funding sources for streetscape, public space, and
public building improvements.

Goal 3: Improve Access to Healthy Food.

Support community groups and organizations who may want to establish a farmer's markets, farm stands, neighborhood markets, mobile health markets, and other stores that sell health food and fresh produce, to expand access to healthy food options throughout the City.

Program/Implementation 3.1.A: Discuss the reestablishment of farmer's markets in the community with any interested groups and
organizations.

Program/Implementation 3.1.B:The City shall continue to consider amendments to the zoning code to allow farmer's markets as a
permitted use within nonresidential zone districts.

Support opportunities for neighborhood-run community gardens including coordination with the local school district and non-profits.

Program/Implementation 3.3.A:Consider amending the zoning code to allow community gardens to be an established use within
the City and provide a streamlined permitting
process for their establishment.

Program/Implementation 3.3.B: Discuss opportunities for establishing community gardens with community groups and organizations.

Support local schools, non-profits, and community-based organizations that provide nutrition and healthy cooking instruction.

Program/Implementation 3.4.A:Continue to distribute information from local schools, non-profits, and community-based
organizations on the benefits of healthy eating and
on the availability of food assistance programs.

Program/Implementation 3.4.B: Continue to work with the school district, local organizations, and community groups to provide
Policy 2.2:

Policy 2.3:

Policy 3.1:

Policy 3.2:

Policy 3.4:

General Plan EIR Addendum 23

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning venue space to provide free or reduced cost
lunches after the school year ends.

Promote organizations such as FFA and 4H that educate youth about the history and tradition of local agriculture.

Program/Implementation 3.5.B: Continue to support and promote through annual civic engagement by FFA and 4H youth by
highlighting these programs to the City Council and
community.

City annexations shall be coordinated with the County so that Prime farmland shall continue to be prioritized for agricultural (rather than industrial or residential) uses to ensure the most efficient use of land.

Goal 4: Healthy living conditions for people of all backgrounds and incomes.

Continue to require capital improvements within each development such as sewer, water, street, storm drainage, and electrical improvements that facilitate the provision of safe and sanitary housing.

Program/Implementation 4.1.A: During the City's budget cycle, and review of the CIP, the City Council shall consider improvements to
improve housing conditions within the City.

Continue code enforcement efforts to improve unsafe and unsanitary conditions, including potential overcrowding, illegal garage conversions, illegal home businesses, unpermitted plumbing and electrical, property maintenance, trash and dumping.

Program/Implementation 4.2.A:Conduct ongoing owner outreach to inform owners of their legal requirements to maintain and upkeep
their rental properties.

Program/Implementation 4.2.B: Distribute information via City newsletters and/or other periodical publications about protecting
tenant rights, so they are not penalized for
reporting or living in a dwelling unit that does not
meet health and safety standards.

Raise awareness about the risks associated with lead-based paint and other housing hazards.

Program/Implementation 4.3.A: Distribute information about remediation of lead and best practices to reduce and eliminate other
housing hazards.

Continue to pursue feasible and available federal and state housing assistance programs directed toward new construction, renter assistance, rehabilitation, and infrastructure.

Program/Implementation 4.4.A:Apply for funds for housing rehabilitation resources as feasible.
24 Policy 3.5:

Policy 3.6:

Policy 4.1:

Policy 4.2:

Policy4.3:

Policy 4.4:

Project Context
Goal 5: Ensure residents of all ages have access to a range of safe and accessible opportunities for recreation and physical activities.

Encourage the use of park spaces for community events and activities, hosted by local businesses and organizations.

Program/Implementation 5.1.A:The City shall continue to allow local businesses and organizations to host events and programs for yearround indoor and outdoor activities and continue support of community groups.

Improve and maintain the system of sidewalks and crosswalks to provide a pedestrian-friendly community.

Program/Implementation 5.2.A: Require new development to incorporate connected street and pedestrian/bicycle networks,
with many connections between new and older
neighborhoods and the Downtown area, consistent
with the City's Active Transportation Plan (ATP).

Program/Implementation 5.2.B:The City shall continue to implement the ATP and seek funding for pedestrian and bicycle
improvements in the CIP, as feasible. Such
improvements shall include, but not be limited to:
• Construction of sidewalk improvements
where they do not currently exist
• Widening of sidewalks in high pedestrian
traffic areas
• Installation of bike paths and lanes
• Improved crossings of roads and railroads
for bicycles and pedestrians.

The City shall continue efforts to enhance and/or expand the interconnected trail system that offers pedestrian walkways, bike paths, and trials throughout the community. The creation and/or expansion of trails will enhance recreational opportunities and promote walking as a viable travel mode.

Program/Implementation 5.3.A:The City shall continue periodic updates of the ATP in compliance with state law. The updates should
continue to assess the comprehensive analysis of
trails, greenways, and pedestrian linkages
throughout the City. Generally, the plan shall:
• Inventory and map all existing trail
segments and sidewalks throughout the
City
• Identify missing and incomplete segments
needed to improve continuity, particularly
Policy 5.1:

Policy 5.2:

Policy 5.3:

General Plan EIR Addendum 25

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning • those adjacent to schools, parks, public
buildings, and other pedestrian generators
• and attractors, such as the Downtown
• Inventory possible accessibility barriers for
disabled persons
• Identify natural areas and other
infrastructure corridors within the
community that
• could serve as linear linkages and/or
greenbelts. These areas shall be acquired
and
• developed for recreational use and as trails
and connections.

Program/Implementation 5.3.B: The City shall acquire any necessary rights-of-way or easements to allow for multi-purpose (walking,
jogging and bicycle) trails along linear features, such as the railroad, waterways, and roadways. Provide
for lateral extensions to serve neighborhood areas
and points of public access.

The financial support and development offuture parks shall accommodate a diverse recreational program to support the interest of all residents, including youth, singles, families, and retirees.

Program/Implementation 5.4.A:The City shall consider developing a Parks and Recreation Master Plan to guide the improvement
and future development of the City's parks and
recreation system.

Program/Implementation 5.4.B: Continue to offer recreational programs throughout the City for community members of all ages,
abilities, and interests.

The City shall continue to provide parks and recreational facilities and services in accordance with the City standard of six acres of property for each 1,000 persons residing within the City (Sec. 4-66- 030.C.).

Parks and open space shall be evenly distributed, with regard to location, size, and amenities, to reflect population density and within 0.5-mile radius of nearby residential land uses.

Program/Implementation 5.6.A: Focus City resources on improving and developing small and large community and neighborhood
public parks, recognizing that privately-owned parks
meet the need for small, close-to-home parks.

Goal 6: Reduce the causes of compound health risks.
26 Policy 5.4:

Policy 5.5:

Policy 5.6:

Project Context
The City shall continue to work with the County to conserve agricultural land to the maximum practical extent that is commensurate with the orderly growth and development of the City.

Strengthen efforts to collaborate on public infrastructure improvements and evaluate mitigation measures to reduce air quality impacts from adjacent state highways.

Program/Implementation 6.2.A:The City shall continue to coordinate with Caltrans, Merced County and San Joaquin Valley Air Pollution
Control District to minimize air quality impacts
associate with planned and existing transportation
facilities.

Goal 7: Encourage Meaningful Civic Engagement.

Support a comprehensive and multifaceted approach to civic engagement and public outreach on local decision-making processes to facilitate a variety of participation opportunities and methods.

Program/Implementation 7.1.A: Promote meaningful cross-cultural participation in the decision-making process and where possible:
• Provide City-sponsored material in multiple
languages
• Organize outreach events and conduct
surveys directly to specific demographic
groups
• Partner with County or community-based
organizations that have relationships, trust,
and cultural competency with target
communities to conduct outreach for local
initiatives and issues
• Tailor activities and the venues where they
take place to accommodate the cultural
preferences of different racial/ethnic
groups.

Program/Implementation 7.1.B: Make meetings and other public engagement forums accessible to a wide range of residents and
encourage greater attendance by:
• Continue to ensure that all materials are
distributed in compliance with applicable state
meeting laws.
• Using communication methods that convey
complex or technical information in an easily
understandable manner
General Plan EIR Addendum 27
Policy 6.2:

Policy 6.1:

Policy 7.1:

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning • Facilitating meetings using diverse methods
that can engage all participants and can appeal
to multiple styles of learning
■ Focusing on methods to effectively engage
younger residents
■ Continue to provide online meetings as a
method to encourage more civic engagement
and participation.

Program/Implementation 7.1.C: Continue to host regular community meetings and special outreach sessions on weekday nights after
5pm and provide multiple options for participation
to maximize engagement
Engage and educate youth in the civic decision-making process.

Program/Implementation 7 .2.A: Encourage youth participation in civic engagement activities to provide educational opportunities and
foster civic responsibility.

Goal 8: Public investments that meet the needs of EJ Communities.

Continue to explore outside funding opportunities for EJ- related projects and programs for the City.

Program/Implementation 8.1.A:The City shall continue to pursue all available avenues for the financing of public facilities.

Policy 7.2:

Policy 8.1:

Policy 8.2: The integrity of the Downtown will be protected and enhanced.

Program/Implementation 8.2.A:Continue to promote conservation measures and seek funding sources for improvement and
reinvestment in the Downtown.

Promote the equitable provision of public amenities such as sidewalks, street trees, crosswalks, paving, streetlight, bike lanes, and other amenities as specified in sections of this EJ Element.

Program/Implementation 8.3.A:Continue to seek funding opportunities to fund public amenities and implement the ATP.

Policy 8.3:

Policy 8.4: Encourage EJ programs that serve targeted populations such as youth and women.

Program/Implementation 8.4.A:Engage the community to identify desired programs that would benefit targeted segments on the
population such as youth, women, and small
business owners.
28

Project Context

2.7 Buildout of Proposed Project and Comparison to
the 2002 General Plan EIR
The Housing Element Update must address the City's obligation to meet its fair share of regional housing needs, as well as specific State-mandated requirements outlined in the RHNA. The RHNA sets the baseline for the minimum number of housing units that the City must plan for in its Housing Element. This involves providing sufficient sites through the General Plan and zoning. Therefore, the projected increase in growth aligns with expectations outlined in the State RHNA accommodation and can be considered anticipated growth, as evident by the State RHNA accommodation.

Consequently, the project is not directly responsible for increasing the population but rather aims to prepare for the growth that is already anticipated within the region.

For purposes of this Addendum, conservatively assuming all eight of the potential rezone and backup rezone sites would be approved (even though it is likely that only four sites would be approved for rezoning in order to meet the RHNA requirements), the proposed Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning is expected to result in a net increase of 491 units (see Table 3 and Table 4), compared to what is currently allowed under the General Plan land use designations. As shown in Table 4, Gustine had a population of 5,071 in 2002. As of 2024, Gustine has a 2024 population of 5,936 (D0F 2012, 2024). Therefore, actual population growth since certification of the General Plan EIR is 865 residents. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would increase the population by approximately 1,424 residents,
1 for a total City population of 7,360. This is below the anticipated 2002 General Plan total population of 9,000 residents. In addition, as shown in Table 4, although the proposed project would include 491 net new units than what was analyzed under the General Plan EIR from rezoning, this increase would still be within the remaining projected buildout under the General Plan EIR of 1,870 units. Growth within the City has occurred at a slower rate than was anticipated in the 2002 General Plan EIR. As such, the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not exceed the buildout projections considered in the 2002 General Plan EIR. Because the project would not exceed 2002 General Plan buildout projections, and because the 2002 General Plan EIR analyzed impacts associated with full General Plan buildout, the project would not be expected to result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. A full analysis of the potential for new or substantially more severe environmental effects is provided in Section 6 of this addendum.
'Based on a residential unit increase of 491 units multiplied by 2.9 persons per household (DOF 2024b) General Plan EIR Addendum 29

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning Table 3 Proposed Rezoning Sites
Max Realistic
dd
Current Land Proposed Current Proposed D . C .

At Iress APN Acreage t L d Us 7 .. Z .. ensity apacity
se .an« se toning toning (du/ac) (units)
Housing Element Site Inventory Rezone Sites
5th Avenue
020-

0.83 Planned High Density R-3 R-4 25 16
072-035 Development Residential
6th Avenue
020-

1.01 Planned High Density
R-3 R-4 25 20
072-050 Development Residential
Hwy33
021-

2.2 Highway High Density R-3 R-4 25 44
061-004 Commercial Residential
Meredith Ave 021-

6.96 Planned High Density PD R-4 25 139
& Railroad Ave 062-001 Development Residential
Subtotal 219
Additional Alternative Sites to Be Included in CEQA Analysis but Not Rezoned At This Time (Backup Rezone Sites) Railroad Ave
021-

2.17 Planned High Density PD R-4 25 43
062-003 Development Residential
Linden Ave & 021- Low Density
Medium

4.05 Density R-1 R-3 25 81 Sullivan Rd 102-006 Residential Residential Laurel Ave & Low Density
Medium
021- 4.05 Density R-1 R-3 25 81
Sullivan Rd 104-006 Residential Residential
West Ave & 021-

3.38 Low Density High Density R-1 R-4 25 67
Sullivan Rd 110-031 Residential Residential
Subtotal 272
Total 491
Table 4 Total Development Evaluated In the 2002 General Plan EIR Compared to the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning Buildout under
Proposed
Actual Buildout Buildout Remaining Housing Element
2002 Actual 2024 Actual Growth Assumed under 2002 General Update, Safety Population Population from 2002 under2002 Plan EIR (e=d-c for Element Update, and Housing and Housing to 2024 General housing units; e=d-b EJ Element, and (a)' (b) (c=b-a) Plan EIR (d) for population) Site Rezoning (f) Housing 1,873 2,157 +284 3,743° 1,586 491
Units
Population 5,071 5,936 +865 9,000° 3,064 1,424°
1 Source: DOF 2012
Source: DOF 2024
Source: City of Gustine 2002b
'Housing unit buildout represents the number of housing units anticipated after an expected growth of 1,870 units under the General Plan.
5 Population buildout represents the total population anticipated under the General Plan. 'Based on Gustine persons per household of 2.90 (DOF 2024) 30

Project Context
Only eight sites are analyzed for rezoning to allow for medium or higher density development (refer to Figure 3 and Table 3). With rezoning (conservatively assuming all eight sites), the Site Inventory, along with planned and approved units and anticipated ADUs, total buildout for the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would be 833 units. Of these, approximately 342 units (planned and approved, ADUs, and opportunity sites) would be consistent with the General Plan and existing zoning, and therefore would be within the scope of the General Plan EIR. For the rezone and backup rezone sites (approximately 491 units), this Addendum analyzes the net increase compared to the General Plan EIR. Nonetheless, even with the net increase in units beyond what was originally analyzed in the General Plan EIR, the number of units proposed under the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would still be within the total remaining buildout of the General Plan EIR since growth within the City has occurred at a slower rate than was anticipated (see Table 4 for a comparison of the proposed project's buildout compared to the remaining buildout under the General Plan EIR).

The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would be consistent with State requirements for the RHNA to plan adequately to meet existing and projected housing needs for all economic segments of the community. The Housing Element Update would also be submitted to HCD for review and approval to ensure that it would adequately address the housing needs and demands of the City.

General Plan EIR Addendum 31

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning 3 Overview of CEQA Guidelines Sections
15162 and 15164
CEQA Guidelines Sections 15162 and 15164 set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when a project has a previously certified EIR.

CEQA Guidelines Section 15164 states that a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15162(a) states that no Subsequent or Supplemental EIR shall be prepared for a project with a certified EIR unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:

A. The project will have one or more significant effects not discussed in the previous EIR.

B. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The analysis pursuant to Section 15162 demonstrates whether the lead agency can approve the activity as being within the scope of the existing certified EIR, that an addendum to the existing EIR would be appropriate, and no new environmental document, such as a new EIR, would be required.

The addendum need not be circulated for public review but can be included in or attached to the final EIR, and the decision-making body shall consider the addendum with the final EIR prior to deciding on the project.

According to CEQA Guidelines Section 15164, an addendum to a previously certified EIR is the appropriate environmental document in instances when "only minor technical changes or additions are necessary" and when the new information does not involve new significant environmental 32

Overview of CEQA Guidelines Sections 15162 and 15164
effects or a substantial increase in the severity of a significant effect beyond those identified in the previous EIR. CEQA Guidelines Section 15164 states that:
a. The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred.
c. An addendum need not be circulated for public review but can be included in or attached to the final EIR.
d. The decision-making body shall consider the addendum with the final EIR prior to making a decision on the project.
e. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record.

The City has prepared this Addendum, pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the project's environmental impacts are covered by and within the scope of the General Plan EIR (certified February 2002, State Clearinghouse No. 2000082129). This Addendum details any changes in the project, changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may trigger the need for a Subsequent or Supplemental EIR pursuant to CEQA Guidelines sections 15162(a).

The analysis herein substantiates and supports the City's determination that development facilitated by the project is within the scope of the General Plan EIR, does not require subsequent review under CEQA Guidelines Section 15162 and, in conjunction with the EIR, this Addendum adequately analyzes potential environmental impacts.

General Plan EIR Addendum 33

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning 4 4.1
Environmental Effects and Determination
Environmental Areas Determined to Have New or
Substantially More Severe Significant Effects
Compared to Those Identified in the Previous EIR
To provide a thorough and conservative analysis of potential impacts associated with the modified project, this addendum addresses all 20 environmental issue areas included in Appendix G of the current CEQA Guidelines. These issue areas include tribal cultural resources, an issue area added to the CEQA Guidelines in September 2016 pursuant to Assembly Bill (AB) 52, after certification of the Final EIR. These issue areas also include energy and wildfire, which were added to the CEQA Guidelines in December 2018.

The subject areas checked below were determined to be new significant environmental effects or to be previously identified effects that have a substantial increase in severity either due to a change in project, change in circumstances, or new information of substantial importance, as indicated by the checklist and discussion on the following pages.
■ None
□ Aesthetics
□ Biological Resources
□ Geology and Soils
0 Hydrology and Water
Quality
□ Noise
□ Recreation
□ Utilities and Service
Systems
34 □
□
□
Cultural Resources o
Greenhouse Gas o
Emissions
Land Use and Planning o
Energy
Hazards and Hazardous
Materials
Mineral Resources
□ Population and □ Public Services
Housing
□ Transportation □ Tribal Cultural Resources
□ Wildfire □ Mandatory Findings
of Significance
o Agriculture and
Forestry Resources
□ Air Quality

Environmental Effects and Determination

4.2 Determination
Based on this analysis:

D Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Or, there is "new information of substantial importance," as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, a SUBSEQUENT or SUPPLEMENTAL EIR is required. ■ No substantial changes are proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.

Also, there is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously certified EIR is adequate and this evaluation serves as an ADDENDUM to the City of Gustine General Plan Environmental Impact Report (General Plan EIR). State Clearinghouse Number 2000082129certified February 2002.

Signature
Printed Name
General Plan EIR Addendum
Date
Title
35

City of Gustine
Housing Element Update, Safety Element Update, Environmental Justice Element, and Site Rezoning 5 5.1
Housing Element Update, Safety Element
Update, EJ Element, and Site Rezoning
Background
General Plan Consistency
The Housing Element, Safety Element and Environmental Justice (EJ) Element are all a component of the General Plan which is periodically updated pursuant to State law. Therefore, the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning is consistent with the vision of the General Plan and is supported by goals and policies of the other General Plan Elements. The General Plan elements and policies that correspond with the goals and policies of the proposed project are summarized below:
• The Land Use Element includes goals, policies, and actions for residential, commercial, industrial, and public and institutional development within Gustine. Additionally, it includes the a General Plan/Zoning Correlation table (Table 3-4) with the proposed General Plan land use category, corresponding existing zoning categories, and proposed zone categories. • The Urban Expansion Element includes goals, policies, and actions for ensuring orderly urban growth while preserving resource lands.
• The Public Facilities Element includes goals, policies, and actions for improving public facilities and providing high quality government facilities and services to the public. • The Circulation Element includes goals, policies, and actions for establishing a safe and efficient transportation system that provides adequate access throughout the city. • The Housing Element includes goals, policies, and actions for facilitating housing within the city and ensuring the city satisfies its RHNA numbers.
• The Noise Element includes goals, policies, and actions for protecting residents from exposure to excessive noise. It also includes the Maximum Allowable Noise Exposure - Stationary Noise Sources table (Table 8-I) which outlines the maximum noise levels not to be exceeded for stationary sources.
• The Safety Element includes goals, policies, and actions for protecting residents against natural and man-made hazards.
• The Open Space Element includes goals, policies, and actions for maintaining water quality standards, providing open space for recreational use, and preserving agricultural land.

Adoption of the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would require the City to amend the General Plan.

Accommodation of the RHNA
Gustine's RHNA for the current planning period is 346 units, consisting of 130 lower-income housing units, 64 moderate-income housing units, and 152 above moderate-income housing units. The City must demonstrate the availability of sites with appropriate zoning and development standards that can facilitate and encourage the development of such units. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning includes a housing plan that accommodates the 36

Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning Background RHNA plus a buffer of additional housing units as recommended by the HCD. The City has identified units through RHNA Credits (including planned and approved projects and ADUs) to meet some of the 6th Cycle RHNA requirements.

5.2 Preliminary Environmental Constraints
State housing law requires the city to review both governmental and non-governmental constraints to the maintenance and production of housing for all income levels. Since local governmental actions can restrict the development and increase the cost of housing, State law requires the Housing Element to "address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing" (Government Code Section 65583[c][3]). Several factors can constrain residential development. These include market constraints, such as development costs and interest rates; and governmental constraints, which include land use controls, fees, processing times, and development standards, among others. In addition, environmental and infrastructure constraints can also impede residential development.

For purposes of the Addendum, only the potential environmental constraints, as they relate to CEQA, were evaluated.

Environmental constraints to residential development typically relate to the presence of sensitive habitat, flooding, topography, and other natural and physical characteristics that can limit the amount of development in an area or increase the cost of development. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning, in and of itself, does not propose specific development projects, but rather puts forth goals, policies, and programs that support housing efforts in Gustine. Future housing development projects would be subject to developmental review to determine potential impacts specific to that project site.

General Plan EIR Addendum 37

6 6.1
Addendum Evaluation
Introduction
As discussed in Section 2.7, above, the total buildout for the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would be 833 units. Of these, approximately 342 units (planned and approved projects, anticipated ADUs, and opportunity sites) would be consistent with the General Plan and existing zoning, and therefore would be within the scope of the General Plan EIR. Growth not anticipated in the General Plan would occur on the rezone and backup rezone sites (approximately 491 units); therefore, this Addendum analyzes the net increase compared to the General Plan EIR. Please note, that while this Addendum conservatively analyzes the potential net increase of housing units on all eight rezone and backup rezone sites, it is unlikely that all eight would be approved for rezoning, as only four sites would be necessary for rezoning to meet the RHNA allocation. However, to provide a buffer, an additional four sites are being contemplated for rezoning and thus considered as potential backup rezoning sites in this analysis in order to evaluate potential environmental impacts in accordance with CEQA. Even with the net increase of buildout on all eight analyzed sites included in the proposed project, the number of units proposed under the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would still be within the total remaining buildout of the General Plan EIR since growth within the City has occurred at a slower rate than was anticipated by the General Plan, as shown in Table 4 in Section

2.7, above. For the Safety Element Update and EJ Element, as noted above when summarizing the two elements, the goals, policies, and programs are intended to reduce impacts related to hazards (Safety Element) and to disadvantaged communities (EJ Element) all of which generally do not result in physical changes to the environment as they would reduce or improve impacts rather resulting in new physical development or construction. Therefore, for the Safety Element and EJ Element, there would not be physical impacts to the environment (such as new land use, new development or new constructions) as these elements are intended to further advance the vision of the existing General Plan by addressing new legislation and regulatory requirements while reducing impacts and hazards to residents of Gustine. Therefore, growth anticipated and evaluated under the General Plan is applicable to the proposed project. General Plan EIR findings and analysis of the proposed project's impacts are included for each CEQA Guidelines Appendix G section below. 6 .2 Aesthetics
General Plan EIR Findings
Aesthetics is discussed in Section 3.2 of the General Plan EIR. The General Plan EIR determined that impacts related to scenic vistas, scenic resources, visual character, and light and glare would be less than significant.

Addendum Analysis
The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would rezone up to eight parcels within the city to Medium and High Density residential to accommodate anticipated population growth associated with the City's RHNA allocation. As discussed in Section 38

Summary of Findings

2.7 of this document, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR.

The potential rezoning of eight parcels would result in the construction of denser and taller development which could potentially result in impacts to aesthetics. However, future development facilitated by the proposed project would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations. Impacts to scenic vistas, scenic resources, and state scenic highways would be evaluated as part of the project-specific environmental review required for all development facilitated by the proposed project.

Because the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. On the rezone and backup rezone sites, there will be increased density and different types of developments. However, the Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Gustine. Future developments resulting from the Housing Element Update would be consistent with the buildout anticipated by the General Plan as would the Safety Element Update and EJ Element. The proposed Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and would not create new sources of substantial light or glare which could adversely affects views.

Conclusion
The proposed project would not result in aesthetics impacts beyond those addressed or analyzed in the General Plan EIR, nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of aesthetics is required.

6.3 Agriculture and Forestry Services
General Plan EIR Findings
Agricultural and forestry resources are discussed in Section 3.3 of the General Plan EIR. The General Plan EIR determined that impacts related to zoning and Williamson Act contracts would be less than significant. The General Plan EIR also determined that implementation of the General Plan would result in significant and unavoidable impacts related to the conversion of farmland, including Important Farmland, to non-agricultural uses despite implementation of mitigation measures provided in Section 3.3.3 of the General Plan EIR, which would reduce the impact of farmland conversion to non-agricultural uses through conservation easements, a "Right-To-Farm" ordinance, and implementation of the Williamson Act.

Addendum Analysis
The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning could rezone up to eight parcels including the opportunity sites within the city to medium and higher density residential or central commercial to accommodate anticipated population growth associated with the City's RHNA allocation. Most of the eight rezone and backup rezone sites are not currently designated for agricultural use, forest land, or timberland, and do not contain Important Farmland; General Plan EIR Addendum 39

however, Site 1 is located on designated Prime Farmland and site 2 is designated Farmland of Local Importance (California Department of Conservation 2024).

The General Plan EIR identified potentially significant agricultural and forestry impacts, such as the proposed rezone of two parcels currently designated as farmland within the city. Therefore, the project does not introduce a new impact to farmland not already discussed in the General Plan EIR.

Additionally, the project would be consistent with goals and policies included in the General Plan intended to reduce impacts to agricultural lands such as Policy 10.3.2 included in the Open Space Element which limits the encroachment of urban uses into agricultural areas, unless consistent with the General Plan policies. The Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would increase residential densities on up to eight parcels within the city thereby reducing the need for conversion of agricultural land to accommodate additional housing units.

Furthermore, future development facilitated by the proposed project would undergo projectspecific developmental review and would be required to comply with existing General Plan policies and land use designations which would reduce impacts to agricultural and forestry resources within the city. The Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Gustine.

Further, the Safety Element Update aims to reduce hazards in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods (none of which would result in physical changes to the environment or to agricultural resources). Specifically, Policy 6.1 of the EJ Element aims to conserve agricultural land to the maximum extent that is commensurate with the growth and development of the City. The proposed project would not, in and of itself, result in impacts to the conversion of Important Farmland, forestland, or timberland to non-agricultural uses.

Because the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Conclusion
The proposed project would not result in agricultural and forestry impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of agriculture and forestry is required.

6.4 Air Quality
General Plan EIR Findings
Air quality is discussed in Section 3.4 of the General Plan EIR. The General Plan EIR determined that future development under the General Plan would not conflict with the regional air quality plan, expose sensitive receptors to pollutant concentration, or create objectionable odors. However, the General Plan EIR also determined that the General Plan would contribute to existing air quality violations relating to ozone and PM,o and the nonattainment status of the San Joaquin Valley Air Pollution Control District and would result in significant and unavoidable impacts. The General Plan EIR states that General Plan policies would reduce these impacts to the furthest extent possible and 40

Summary of Findings
that there are no other feasible mitigation measures that can be applied to further mitigate such impacts.

Addendum Analysis
Because the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR, as stated in Section

2.7, the project would not increase the emission of air pollutants beyond what was considered in the General Plan EIR. Therefore, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In addition, future development facilitated by the proposed project would undergo project-specific developmental review and would be required to comply with existing General Plan and City policies, as well as air district rules and regulations. Further, the Safety Element Update aims to reduce hazards in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods (none of which would result in physical changes to the environment or to air quality). Specifically, Policy 6.2 and Implementation Program 6.2.A of the EJ Element aim to reduce air quality impacts associated with transportation. Because the proposed project is consistent with the General Plan and in and of itself does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development, it would have no impact to air quality.

Conclusion
The proposed project would not result in air quality impacts beyond those addressed or analyzed in the General Plan EIR, nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of air quality is required.

6.5 Biological Resources
General Plan EIR findings
Biological resources are discussed in Section 3.5 of the General Plan EIR. The General Plan EIR determined that future development facilitated by the General Plan would not have a significant impact on special status wildlife, riparian or sensitive natural communities, federally protected wetlands, wildlife corridors, tree preservation ordinances, or habitat conservation plans. Impacts were determined to be less than significant.

Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the build out projections considered as part of the General Plan EIR.

Thus, the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.

The proposed rezoning would not conflict with any local policies or ordinances protecting biological resources as the identified housing opportunity sites and rezone sites are currently designated and zoned for urban development. The increase in density on these sites would not result in an increase in the potential development footprint, thereby expanding potential biological resource impacts General Plan EIR Addendum 4]

into new areas. Furthermore, by increasing density on infill sites within the city, the proposed project would reduce potential impacts to biological resources by limiting urbanization of natural and undeveloped areas. Future development proposed as a result of the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would be subject to project-specific environmental review and would be required to adhere to policies in the General Plan.

Furthermore, future development would be required to comply with adopted federal, state, and local regulations protecting biological resources.

Conclusion
The proposed project would not result in biological impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of biological resources is required.

6.6 Cultural Resources
General Plan EIR Findings
Cultural resources are discussed in Section 3.6 of the General Plan EIR. The General Plan EIR determined that implementation of the General Plan would not significantly impact human remains or historical and archaeological resources. With proper adherence to General Plan policies and appropriate federal and state cultural resource regulations, impacts were determined to be less than significant.

Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR.

Thus, the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.

The proposed rezoning would not result in impacts to cultural resources not covered in the General Plan EIR, as the identified housing opportunity sites and rezone sites are currently designated and zoned for urban development. The increase in density on these sites would not result in an increase in the potential development footprint, thereby expanding potential cultural resources impacts into new areas. Future development facilitated by the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would undergo project-specific developmental review and be required to adhere to all state and federal regulations to reduce impacts to cultural resources.

Furthermore, because the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the 2002 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Conclusion
The proposed project would not result in cultural resource impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of cultural resources is required. 42

Summary of Findings

6.7 Energy
General Plan EIR Findings
The General Plan EIR does not include a separate section regarding energy since it was not required under the CEQA Guidelines Appendix G checklist at the time the EIR was prepared. However, a brief discussion of energy use is included in Section 5.2 of the General Plan EIR, which states that future development under the General Plan would require commitments of energy resources, and the implementation of City policies and the use of modern construction techniques would ensure impacts are not significant.

Addendum Analysis
As described in Section 2.7, the net increase of units and population associated with the proposed rezoning would not exceed the buildout projections considered as part of the General Plan EIR.

Thus, the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR.

Future development facilitated by the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would involve the consumption of non-renewable energy resources such as electricity, natural gas, propane, gasoline, and diesel. Future projects would be required to adhere to applicable regulations and General Plan policies and actions related to energy resources and energy consumption with new residential construction, including California Code of Regulations (CCR) Title 20, Division 2, Chapter 4, Energy Conservation; CCR Title 24, Part 6, California Energy Code; and CCR Title 24, Part 11, California Green Building Standards Code, Tier 1. These regulations include requirements for the use of more energy-efficient design and technologies, as well as the incorporation of more renewable energy resources into building design than were in place during the General Plan EIR analysis.

Because the Housing Element Update, Safety Element Update, EJ Element, and Site Rezoning would not facilitate development beyond what was considered in the General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Housing Element Update, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Gustine. Further, the Safety Element Update aims to reduce hazards in Gustine and the EJ Element aims to reduce health risks conditions, promote civic engagement, and prioritize improvements and programs that address the needs of EJ Neighborhoods (none of which would result in physical changes to the environment or to an increase in energy). Specifically, Implementation Programs 6.2.B and 6.2.D of the Safety Element aim to promote energy-efficiency in homes; Implementation Program 9.2.B of the Safety Element serves to ensure City-owned facilities are equipped with on-site renewable energy generation and energy storage systems; and Policy 1.2 of the EJ Element aims to support policies and programs that meet or exceed energy efficiency targets. The proposed project would not, in and of itself, result in impacts to energy resources. With compliance with existing regulations, impacts related to wasteful, inefficient, or unnecessary consumption of energy resources would be less than significant.

Conclusion
The proposed project would not result in energy impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than General Plan EIR Addendum 43