Soledad City Council
April 1, 2026

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Soledad, hereinafter referred to as AGENCY, will commence on April 01, 2026, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on November 1, 2027.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives;

4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives:
a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities.
d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants.
e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population.
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f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits grants from funding projects that displace persons experiencing homelessness. This reflects the intention to address public space improvements without negatively impacting vulnerable populations.
g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics.

5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of local agencies partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects;

7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation;

8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address waste management challenges, graffiti mitigation, and public space beautification, thereby contributing to create cleaner, safer, and more equitable public spaces throughout California;

10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California;

11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;

12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this RGA to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
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AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program.

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in City of Soledad Cleanup hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
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6. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Funds State General Fund (0001)
Budget Item 2660-130-0001
State Program Code

20.30.010.900
FY 2025/26
$ 210,000 - CCCMB
$ 5,000 – Grant Administration
$ 5,000 – Outreach Materials
$ 25,000 – City Staff Time for
Coordination/Engagement
$ 55,000 – Sendero
Engagement, Stipends, Tools,
Dumpster Fees
Total Project Costs $300,000.00
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

8. Notification of Parties
a. AGENCY’s Project Manager for Project is Eric Mora, Community Engagement Manager, (831) 356-2825.
b. CALTRANS’ District Partnership Liaison is (NAME AND PHONE NUMBER). “District Partnership Liaison” as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Soledad
Attention: Eric Mora, Community Engagement Manager
Phone Number: (831) 356-2825
Email: [email protected]
Address: 248 Main Street
Soledad, California 93960
California Department of Transportation, District Partnership Liaison District 5- Clean California
Attention: Zachary Cotter, Analyst II
Phone Number: 805-478-6774
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50 Higuera Street
San Luis Obispo, California 93401

9. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on April 01, 2026, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than November 1, 2027.

Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2027. Work incurred after November 1, 2027, will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2027. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2027 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

10. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $300,000.
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein.

12. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 173
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13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.

14. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients, shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. 174
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e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison
g. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until June 30, 2027, to make final allowable payments to Project contractors or vendors, and November 1, 2027, to submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor.
l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by 175
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CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2027.

15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

16. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

17. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities 176
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Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

18. Iran Contracting Act
AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

19. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, 177
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ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. 178
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c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

22. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

23. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the 179
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requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. 180
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c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

25. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

26. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. 181
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b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
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iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

29. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this 183
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RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

30. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA.

The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other 184
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intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work 185
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services, materials, or supplies in connection with the performance of this Agreement.

AGENCYalso agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

33. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison

34. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than November 1, 2027.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit if invoices are submitted after November 1, 2027.

35. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

36. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

37. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
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IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

38. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

39. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

Section IV
Attachments:

The following attachments are incorporated into and are made a part of this RGA by this reference and attached hereto.

I. Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program Guidelines II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

AGENCY NAME
By:

Printed Name:

Title:

Date:
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CALTRANS DISTRICT PARTNERSHIP LIAISON

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Title:

Date:

CALIFORNIA DEPARTMENT OF TRANSPORTATION

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Walter Yu
Title:

Clean California Program Director
Date:
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SUBJECT: Waiver of Reading, Adoption and Read by Title Only Ordinance No. 777, An Ordinance of the City Council of the City of Soledad Amending Chapter 17.38.260 - Secondary Residential Units of Title 17 - Zoning of the Soledad Municipal Code to Incorporate New Regulations Pertaining to State Law and Implementation of the Soledad 6th Cycle Housing Element
TO: Honorable Mayor Velazquez and City Council
FROM: Beatriz Trujillo, Community and Economic Development Director and Ariana Mora, Senior Planner
MEETING DATE: April 1, 2026

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council of the City of Soledad consider waiver of reading, adoption, and reading by title only: Ordinance No. 777, An Ordinance of the City Council of the City of Soledad "Amending Chapter 17.38.260 - Secondary Residential Units of Title 17 - Zoning of the Soledad Municipal Code to Incorporate New Regulations Pertaining to State Law and Implementation of the Soledad 6th Cycle Housing Element".

Executive Summary
The City of Soledad is advancing the last phase of zoning amendments to comply with State housing laws, implement Housing Element programs, and support the objectives of the Regional Early Action Planning (REAP 2.0) grant program. Collectively known as the Housing Implementation Zoning Amendments, these ordinances are intended to remove regulatory barriers, facilitate infill and affordable housing development, and streamline local development procedures. These updates were generated in consultation with Placeworks Inc. to help Soledad meet regional housing targets under the 6th Cycle Regional Housing Needs Allocation (RHNA) and maintain compliance with the California Department of Housing and Community Development (HCD).

The proposed amendments were initially reviewed by the Soledad Planning Commission on November 20, 2025, and recommended for adoption by City Council. The proposed ordinance was presented to the City Council for introduction and first reading on December 17, 2025. Consideration of the ordinance was continued after receiving a public comment letter from the California Housing Defense Fund (CalHDF) regarding Ordinance No. 777, which required additional analysis by staff. Ordinance No. 777 was reintroduced on March 18, 2026, with modifications made in response to public feedback. 189
At this time, the staff has adequately addressed the public comments in compliance with State ADU law and is now recommending the ordinance for adoption.

Background
In August 2024, the City of Soledad adopted the 2023–2031 6th Cycle Housing Element, which establishes the City’s goals, policies, and implementation programs for addressing existing and projected housing needs for all income levels. The Housing Element identifies specific strategies to promote the development, preservation, and rehabilitation of housing; remove governmental and regulatory constraints; and ensure alignment between local land use regulations and State housing laws.

Key Housing Element objectives include facilitating affordable housing production, encouraging diverse housing types, supporting special needs and senior housing, and streamlining the development review process to reduce unnecessary barriers.

To assist with the implementation of these Housing Element programs, the City received REAP 2.0 funding through the Association of Monterey Bay Area Governments (AMBAG). To help with the implementation of this grant and consistency with the Soledad Housing Element, the City of Soledad entered into a contract with Placeworks Inc. This grant provides both financial and technical support for planning initiatives designed to accelerate infill housing development, promote equitable housing opportunities, and support climate-resilient and sustainable growth strategies consistent with regional and State goals.

Because the proposed ordinance updates land use chapters of the Soledad Municipal Code, it first required review by the Planning Commission prior to City Council consideration. Accordingly, on November 20, 2025, the Commission reviewed the ordinance and recommended adoption of Ordinance No. 777, which updates ADU regulations in Chapter 17.38 to align with State law and Housing Element goals. As a result, the City Council conducted the first reading on December 17, 2025; however, the item was continued after receiving a public comment letter from CalHDF recommending additional modifications to the proposed ordinance. In response, staff revised Ordinance No. 777 to address the comments received. Accordingly, the ordinance was reintroduced to the City Council on March 18, 2026, for review of the proposed amendments. At that meeting, the Council approved the item to move forward, and it is now proceeding to final review and consideration for adoption.

Review & Analysis
The City of Soledad is completing the last set of zoning amendments, collectively referred to as the Housing Implementation Zoning Amendments, to comply with State housing mandates, implement key Housing Element programs, and meet the objectives of the REAP 2.0 grant program. These updates are designed to remove regulatory barriers, support infill and affordable housing development, and streamline local permitting procedures to support the 6th Cycle RHNA targets and maintain compliance with HCD.

Ordinance No. 777 – Accessory Dwelling Units (ADUs)
Ordinance No. 777 addresses Housing Element Program 2.1.3 by updating regulations for Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) to reflect current State law, including AB 68, SB 9, and other related legislation. The ordinance is intended to facilitate the development of ADUs as a practical and cost-effective way to increase housing availability, particularly for lower-income households and smaller households. The amendments provide clear definitions for ADUs and JADUs, establish by-right approval for compliant units, and codify development standards for height, setbacks, maximum unit size, and lot coverage. Parking requirements are revised to reduce or eliminate 190
unnecessary obligations, particularly for units located near transit, lowering barriers to construction.

Outdated owner-occupancy requirements have been removed in accordance with State law, further simplifying the development process.

By modernizing ADU regulations, this ordinance encourages small-scale, infill residential development that is compatible with existing neighborhoods while expanding affordable housing opportunities. The updates support the Housing Element’s goals to streamline approvals, remove regulatory barriers, and increase the supply of flexible housing types. The ordinance also aligns with REAP 2.0 objectives by promoting gentle density and sustainable development strategies in residential areas.

General Plan and Housing Element Compliance
The proposed zoning amendments are consistent with the City of Soledad’s 2005 General Plan by supporting balanced land use, adequate residential capacity, and long-term housing availability.

Specifically, the amendments further Policy L-10 by ensuring the City’s zoning framework can accommodate needed housing while maintaining an appropriate balance between residential and employment-generating uses. Additionally, the amendments implement Housing Policy H-2 by ensuring sufficient vacant and underutilized land is zoned to meet the City’s RHNA-identified housing needs, consistent with regional growth expectations established by AMBAG. Most importantly, the proposed amendments directly support and implement the City’s recently adopted 2023–2031 Housing Element, as described earlier in this report, by aligning zoning regulations with State law and the Housing Element’s required implementation programs. Collectively, these zoning updates reinforce the City’s commitment to aligning land use regulations with its General Plan goals and housing obligations.

Planning Commission Discussion
The Planning Commission reviewed the proposed zoning amendments and recommended approval without any modifications. During Planning Commission discussion, the Commission asked several clarifying questions, with the majority of its discussion centered on the ADU ordinance and associated parking requirements. Commissioners inquired whether the City might consider implementing fee deferrals or other incentives for property owners who construct an ADU and provide an additional onsite parking space. They also expressed interest in evaluating alternative development standards that could allow for parking within front yard areas. Staff will convey this feedback to the City Council for potential consideration in future policy updates; however, the Commission did not recommend any revisions to the proposed ordinance language at this time.

City Council Discussion and Public Comment
The City Council was first introduced to the proposed ordinances on December 17, 2025, at which time the Council approved the ordinances to be advanced to a final hearing. During that meeting, the Council raised several questions and requested clarification on specific provisions within the ordinance related to parking and fire sprinkler requirements. Pursuant to State law, certain types of ADUs, such as JADUs and attached ADUs, are not required to provide off-street parking. However, for detached ADUs, off-street parking is required when the property is not located within one-half mile of a public transportation stop, consistent with State ADU regulations. These standards are intended to balance housing production with neighborhood parking considerations while maintaining compliance with State law.
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The Council also discussed fire sprinkler requirements for ADUs. Under State ADU law, if the primary dwelling unit is not equipped with fire sprinklers, the ADU is not required to install fire sprinklers. This provision is further supported by the California Fire Code, which exempts residential accessory structures from fire sprinkler requirements when the main dwelling unit does not have sprinklers.

Collectively, these exemptions are intended to reduce development costs and help incentivize ADU construction as a means of alleviating California’s ongoing housing crisis. As part of the discussion, the City Council expressed interest in further exploring potential incentives or development standard amendments to address parking concerns and requested a closer review of ADU development within the City of Soledad.

Aside from Council questions and concerns, the City received a public comment letter from CalHDF (Attachment 2). Due to the timing of the letter during the holiday period, staff required additional time to review and address the concerns before final City Council action. As a result, the item was continued to allow staff to respond and, if necessary, propose revisions to the ordinances. Addressing the letter required significant changes, which affected the original ordinance action and necessitated reintroduction. New legislation (AB 1154), effective in 2026, prohibits applying owner-occupancy requirements to properties with a JADU that has its own bathroom. Accordingly, staff directed PlaceWorks to revise the ADU ordinance to comply with AB 1154. No additional revisions were made.

Responses to the remaining points raised in the CalHDF letter have been prepared and are provided in Attachment 3.

Pursuant to California Government Code Section 65852.2, following City Council adoption, the Ordinance shall be submitted to the California Department of Housing and Community Development (HCD) within 60 days for review and determination of consistency with State ADU Law. If HCD identifies substantial issues requiring significant revisions, the Ordinance will be brought back to the City Council for further review and consideration of adoption with the required revisions. Since the Ordinance before the Council this evening was prepared in consultation with HCD, Staff is hopeful that additional modification will not be necessary.

The proposed Zoning Code amendments implement key Housing Element programs, align with State housing law, and support regional housing goals under REAP 2.0. Adopting the ordinance will remove regulatory barriers, encourage diverse housing types, and make housing development more efficient.

These updates help the City meet Housing Element objectives, provide clearer guidance for development approvals, and support infill housing, helping the City achieve its 6th Cycle RHNA targets and promote equitable, sustainable growth.

Financial Considerations
The City of Soledad received $79,985 through the REAP 2.0 Grant, administered by the Association of Monterey Bay Area Governments (AMBAG). The grant contract is set to expire in June 2026 and provides funding to support implementation of Housing Element programs and related planning initiatives, therefore the planning support from Placeworks is funded through the REAP 2.0 grant, no further expenditures are anticipated.

Strategic Plan Alignment
The approval of Ordinance No. 777 align with the City Council’s 2025 Strategic Plan by supporting continued progress toward the City’s key goals and priorities. These proposed ordinances advance the Housing pillar by promoting, supporting, and expanding the development of diverse and affordable housing to meet community needs (Goal 2.1), including expanding housing opportunities for all 192
Ordinance No. 777
Attachment 1 - PC Resolution
Attachment 2 - Letter from CalHDF
Attachment 3 - Response to CalHDF Public Comment
Presentation 1 - Ordinance No. 777
Soledad residents (Objective 2.1.3). By implementing these ordinances, the City takes meaningful steps to facilitate housing production, reduce regulatory barriers, and ensure equitable access to housing opportunities consistent with the Strategic Plan.

Alternatives
Adopt and read by title only Ordinance No. 777 as presented; or Adopt and read by title only Ordinance No. 777 with specific clarifications, or corrections that would not change the direct action of the proposed amendment; or Denial of the proposed ordinances with specific findings supporting the Council’s conclusion.

This action is not recommended as the proposed changes are required to conform to State law and the Adopted Housing Element.

Planning/CEQA
Pursuant to the California Environmental Quality Act (CEQA), the proposed zoning text amendments through Ordinance No. 777 are consistent with the environmental analysis conducted for the City of Soledad 6th Cycle Housing Element, which was evaluated under an Addendum to the certified General Plan Environmental Impact Report (EIR). The amendments do not result in significant new environmental effects or a substantial increase in previously identified impacts. Therefore, no additional environmental review is required under CEQA Guidelines Sections 15162 and 15164. These amendments do not propose or commit the City to construction, and any subsequent residential project in these zones would undergo environmental review at the time of proposal.

Public Notice Requirements
The public hearing notice was scheduled for publication in the Salinas Californian on March 7, 2026.

Attachment(s):
193
1 ORDINANCE NO. 777

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLEDAD AMENDING CHAPTER 17.38- SPECIAL STANDARDS AND REQUIREMENTS, SECTION 17.38.260 - SECOND RESIDENTIAL UNITS OF TITLE 17-ZONING OF THE SOLEDAD

MUNICIPAL CODE TO INCORPORATE NEW REGULATIONS PERTAINING TO STATE LAW AND IMPLEMENTATION OF THE SOLEDAD 6TH CYCLE HOUSING

ELEMENT
WHEREAS, in 2023, the City of Soledad adopted the 2023–2031 Housing Element of the General Plan, which establishes the City’s policies, programs, and objectives for addressing housing needs for all income levels and ensuring compliance with State housing law; and WHEREAS, the Housing Element includes Program 2.1.3, which directs the City to update its regulations governing Accessory Dwelling Units (ADUs) to encourage their development as a strategy to expand affordable housing opportunities, streamline approvals, and facilitate compliance with State law; and
WHEREAS, the Housing Element identifies the removal of regulatory barriers, simplification of development standards, and alignment of local zoning with State ADU requirements as critical to meeting the City’s housing goals; and WHEREAS, Chapter 17.38 of the Soledad Municipal Code regulates Second Residential Units, and the City desires to update these provisions to implement State law, including the provisions of Senate Bill 9, Assembly Bill 68, and related legislation governing ADUs, junior ADUs, and other accessory residential units; and
WHEREAS, the proposed amendments provide clear development standards for ADUs, including but not limited to maximum unit size, parking requirements, setbacks, height limitations, and permitting procedures, while maintaining neighborhood compatibility; and WHEREAS, the City’s amendments are intended to promote housing choice, increase the availability of affordable housing, and ensure consistency with the City of Soledad 6th Cycle Housing Element; and
WHEREAS, the City now desires to amend Chapter 17.38 , Section 17.38.260 – Second Residential Units of Title 17 of the Soledad Municipal Code to incorporate the above-referenced changes and ensure compliance with State law and the City’s Housing Element objectives.

NOW THEREFORE, BE IT HEREBY ORDAINED by the Soledad City Council as follows:

Section 1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein.
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2 Section 2. Chapter 17.38 – Second Residential Units of Title 17-Zoning of the Soledad Municipal Code is hereby amended as follows:

17.38.260 Second residential units Accessory Dwelling Units A. Second Residential UnitAccessory Dwelling Unit Defined. Generally, "second residential unitsaccessory dwelling units" mean an attached or a detached residential dwelling unit that provides complete, independent living facilities for one or more persons, and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is, or will be, situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code. either "accessory dwelling unit" or "junior accessory dwelling unit" pursuant to the provisions in Section 65852.2 of the Government Code. Detailed definitions are included in Section 17.04.030 (definitions).

A. B. Locations Permitted. Accessory dwelling units and junior accessory dwelling units are allowed in districts zoned to allow single-family or multifamily uses, subject to the permit requirement of applicable zone districts and compliance with the development standards of this section chapter. No more than two units (including accessory dwelling units and junior dwelling units) on a parcel created through a lot split, pursuant to Government Code 65852.21 and 66411.7, shall be allowed.

B. C. Permit Required. An accessory dwelling unit or junior accessory dwelling unit may be attached to or detached from an existing or proposed single-family or multifamily dwelling upon the issuance of a permit in accordance with this section chapter. An attached accessory dwelling unit may also be attached to or placed within garages, storage areas or similar uses, or an accessory structure. The planning director shall approve a permit for an accessory dwelling unit and/or junior accessory dwelling unit meeting the development standards of this chapter section and consistent with Title 7, Division 1, Chapter 13 Section 65852.2 of the Government Code.

1. Processing of Permit. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, in accordance with Section 65901 or 65906 of the Government Code and all local ordinance provisions regulating the issuance of variances or special-use permits, as follows. a. On Single-Family Lots.
i. An attached accessory dwelling unit or junior accessory dwelling unit shall be allowed subject to all of thethe following:
i. (A) One accessory dwelling unit or and one junior accessory dwelling unit per lot is within the proposed or existing conditioned space of a single-family dwelling; or the accessory dwelling unit or junior accessory dwelling unit is within an 195
3 existing accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety. (B) The unit may include an expansion of the primary
residence of not more than one hundred fifty square feet beyond the current physical dimensions of the existing
accessory structure solely to accommodate ingress and egress. (C) The unit has exterior access from the proposed or existing single-family dwelling.
(D) The side and rear setbacks are sufficient for fire and safety.
(E) The junior accessory dwelling unit complies with the requirements of Section 66333 of the Government Code.
ii. A detached, new construction, accessory dwelling unit on a lot with a proposed or existing single-family dwelling that does not exceed four-foot side and rear yard setbacks.
iii. Statewide Exemption ADUs Permitted under subsection

17.38.260(C)
One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

The unit shall be no more than one thousand two hundred square feet.
b. On Multi-Family Lots.
i. An attached accessory dwelling unit shall be allowed subject to the following:
(A) Multifamily structures may be allowed accessory dwelling units in a total amount of up to twenty-five percent of the number of total principal units entitled on the property. At least one accessory dwelling unit must be allowed.
(B) Accessory dwelling units or junior accessory dwelling units may be provided within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
ii. A detached, new construction, accessory dwelling unit shall be allowed subject to the following:
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4 (1) Up to two detached accessory dwelling units are
allowed on a lot that has a proposed multifamily
dwelling, or
(2) Up to eight detached accessory dwelling units are
allowed on a lot with an existing multifamily
dwelling, not to exceed the number of existing
units on the lot. The accessory dwellings are
subject to four-foot side and rear yard setbacks and
height restrictions provided in Section

17.38.260.E.2.c, as applicable.
iii. Statewide Exemption ADUs as permitted under subsection

17.38.260(C) No more than two accessory dwelling units may be detached from a primary multifamily structure

2. The city shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.

3. Timing.
a. The city shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the city does not act within sixty days, the application shall be deemed approved.
b. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted concurrently 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 accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. c. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.
d. If the city denies an application for the accessory dwelling unit or junior accessory dwelling unit, the city will provide in writing a full set of comments within sixty days to the applicant from the date they received a completed application with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. 197
5 4. The city shall not issue a certificate of occupancy for an accessory dwelling unit before the certificate of occupancy is issued for the primary residence.

C. Statewide Exemption ADUs under Gov. Code Section 66323.

1. If an ADU or JADU does not exist or is not proposed pursuant to subsection B(1)(a) or B(1)(b) above, any of the following will be ministerially permitted on a parcel and is not subject to subsection E below.
a. One ADU and one JADU per parcel with a proposed or existing singleunit dwelling if all of the following apply:
i. The ADU or JADU is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or the ADU is within the existing accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ii. The space has exterior access from the proposed or existing singleunit dwelling. iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of subsection E(3) below.
b. Parking Requirements. Notwithstanding any other provision of this Chapter, the City shall not impose parking requirements for any accessory dwelling unit that qualifies pursuant to California Government Code Section 66323. Parking requirements established by this Chapter may apply to accessory dwelling units that do not qualify under Government Code Section 66323.

D. Junior Accessory Dwelling Units. In addition to complying with Section 65852.2 66333 of the Government Code, junior accessory dwelling units shall comply with the following:

1. When a junior accessory dwelling unit is permitted, the owner must reside on the property. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, housing organization, or other 501(c)(3) organization.
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6 2. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be within the walls of the primary single-family dwelling, including, but not limited to, an attached garage. A junior accessory dwelling unit may not be detached from the proposed or existing primary residence.

3. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing primary residence. The maximum number of junior accessory dwelling units shall be one per lot when accompanied by a proposed or existing single-family dwelling. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit or an existing or proposed attached accessory dwelling unit. In no case shall the total number of primary dwelling and accessory dwelling units/junior dwelling units exceed four on any given lot zoned for single-family residential uses.

4. 3. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing primary residence.

5. 4. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include:
a. A cooking facility with appliances; and
b. A food preparation counter and storage cabinets that are of useable size.

5. Parking shall not be required as a condition to permit a junior accessory dwelling unit.

6. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior dwelling units shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior dwelling unit.

7. 6. No subdivision of this municipal code shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a junior accessory dwelling unit complies with applicable development standards.

8. 7. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the city attorney that includes the following:
a. A prohibition of the sale of the junior accessory dwelling unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 66333(c) 65852.2 of the Government Code that regulates accessory dwelling units.
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7 E. Development Standards. The following development standards shall apply to all second residential unitsaccessory dwelling units.

1. The living area of a detached accessory dwelling unit shall not exceed one thousand two hundred square feet. The increased floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary residence's living area, with a maximum increase in floor area of one thousand two hundred square feet.

Attached Dwelling Units.
a. Floor Area.
i. An attached accessory dwelling unit shall have a minimum floor area of at least 150 square feet.
ii. If the accessory dwelling unit expands the existing primary dwelling more than one hundred fifty square feet, then the floor area shall not exceed fifty percent of the existing primary residence's living area, as long as an accessory dwelling unit with one bedroom or fewer is allowed to be at least eight hundred fifty square feet or an accessory dwelling unit with more than one bedroom is allowed to be at least one thousand square feet.
b. Minimum Setbacks
i. The minimum side, street side, and rear yard setback shall be four feet, except when converting or replacing an existing attached accessory structure that is less than four feet from the side, street side, or rear yard.
ii. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
c. Maximum Height
i. The maximum height of attached accessory dwelling units shall be two stories and twenty-five feet, or the maximum height specified by the base zone district for the primary dwelling, whichever is lower.
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8 ii. An attached accessory dwelling unit that is interior to a primary dwelling that is converted shall not exceed the height of the primary dwelling.
d. Parking Requirements. No parking shall be required for an attached accessory dwelling unit.
e. Attached accessory dwelling units shall comply with all applicable base zone district objective development standards, including limits on lot coverage, objective design standards, floor area ratio, open space, front setbacks, and minimum lot size unless application of any one or more of these standards precludes construction of at least an eight hundred square foot attached accessory dwelling unit with four feet side and rear yard setbacks.

2. Detached Accessory Dwelling Units
a. Floor Area
i. The minimum floor area for a detached accessory dwelling unit shall be one hundred fifty square feet, and the total floor area shall not exceed one thousand two hundred square feet (when the detached accessory dwelling unit is accompanied by an existing or proposed single-family dwelling).
b. Minimum Setbacks
i. The minimum side, street side, and rear-yard setback shall be four feet, except when converting or replacing an existing accessory structure that is less than four feet from the side, street side, or rear yard.
ii. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
c. Maximum Height
i. For one-story detached accessory dwelling units, the maximum height shall be sixteen feet.
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9 ii. Where the detached accessory dwelling unit is within a one-halfmile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or within an existing or proposed multifamily dwelling of more than one story, the maximum height shall be eighteen feet.
iii. For two-story detached accessory dwelling units, the maximum height shall be twenty-five feet.
iv. Height Exceptions.
(A)An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (B) When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of subparagraph c.(i.) to an amount equal to the height of the existing accessory structure to be converted.
d. Parking.
i. Requirements. A maximum of one parking space shall be required per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway or in front and/or rear setback areas.
ii. Exemptions. No additional off-street parking spaces shall be required for accessory dwelling units in locations meeting any of the following criteria:
(A) The accessory dwelling unit is within one-half-mile walking distance of public transit.
(B) The accessory dwelling unit is within an architecturally and historically significant historic district.
(C) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit.
(E) There is a car-share vehicle within one block of the accessory dwelling unit.
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10 (F) When a permit application for the accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in Section 66322(a) of Government Code.
e. Detached accessory dwelling units shall comply with all applicable base zone district objective development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless the application of any one or more of these standards precludes construction of at least an eight hundred square foot detached accessory dwelling unit.

3. Junior Accessory Dwelling Units
a. Floor Area. The minimum floor area shall be one hundred fifty square feet, and the maximum shall be five hundred square feet. b. Parking. Parking shall not be required as a condition to permit a junior accessory dwelling unit.
c. Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.
d. Occupancy. Owner occupancy shall be required if a junior accessory dwelling unit shares sanitation facilities with the existing structure. In such cases, the owner shall occupy the single-family residence in which the junior accessory dwelling unit is permitted and may reside in either the remaining portion of the structure or in the junior accessory dwelling unit. Owner occupancy shall not be required if a junior accessory dwelling unit has separate sanitation facilities, or if the owner is a governmental agency, land trust, or housing organization.

4. General Development and Operational Standards
a. When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of a detached or attached accessory dwelling unit, replacement parking is not required.
b. A demolition permit for a detached garage that is to be replaced with a detached or attached accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. 203
11 2. A second residential unit shall not exceed sixteen feet in height and shall be set back at least four feet from side and rear property lines.

3. No setback shall be required for an existing living area, garage, or other accessory structure that is converted to a second residential unit (or portion of accessory dwelling unit) with the same dimensions as the existing structure, and a setback of five feet from the side and rear lot lines shall be required for a second residential unit that is constructed above a garage.

4. Except as otherwise provided in this chapter, the second residential unit shall not increase an existing or create a new encroachment upon any required front, side, or rear yard space, increase building height or coverage beyond the standards prescribed for the district in which it is located, or decrease the distance between structures that is required.

5. No passageway or entrance within view of a street shall be required in conjunction with the construction of a second residential unit.

6. A second residential unit shall include a maximum of one bathroom, one kitchen, and one living or dining room.

7. Both the existing or proposed single-family or multifamily residence and the second residential unit shall contain laundry connections within them.

F. 8. Fees.

1. a. Notwithstanding any provision to the contrary contained in this code (or in any code adopted by reference in this code), an accessory dwelling unit may be connected to the city sewerage system through a side sewer shared with the existing residence on the site, or it may have its own side sewer. In either case, the connection of the accessory dwelling unit to the city sewerage system is subject to the requirements of this Section 17.38.270260, including obtaining applicable permits, payment of connection charges (where applicable), and payment of user charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water, electricity, sewer, and other utilities as defined. Separate metering of utilities is not required for attached or detached accessory dwelling units second residential units unless they are constructed with a new primary dwelling.

2. b. A property owner may be required by the city to conduct and pay for a camera inspection of existing sewer or water pipes on the property to confirm they are working condition before adding a detached accessory dwelling unit ADU, new square footage to an existing building to add an accessory dwelling unit ADU or converting non-conditioned space to an accessory dwelling unit ADU.

3. c. Fees will be charged for the construction of accessory dwelling units second residential units in accordance with Title 14 of the City of Soledad Municipal Code 204
12 and state law. The city, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit second residential unit less than seven hundred fifty square feet. Impact fees include school fees.

School districts are authorized (Section 17620 of the Education Code) but do not have to levy impact fees for ADUs accessory dwelling units greater than five hundred square feet. Accessory dwelling unit ADUs less than five hundred square feet are not subject to school impact fees. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

4. d. A connection fee shall not be collected for water, sewer, power, or other utility utilities for a junior accessory dwelling unit.

G. 9. Fire Sprinklers

1. Fire sprinklers are not required for second residential accessory dwelling units if they are not required for the existing or proposed single-family or multifamily residence.
a. For purposes of fire or life protection regulations, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

H. Occupancy. Owner occupancy is not required on a property with an accessory dwelling unit.

I. Rental and Sale Limitations.

1. Rental Limitation. Rental of the accessory dwelling units created pursuant to this section shall be for a term longer than 30 days.

2. Sale and Conveyance.
a. An second residential unit accessory dwelling unit may be rented, but it shall not be offered for sale apart from the principal unit, nor shall the lot or parcel be subdivided to create a separate building site unless approved pursuant to the subdivision ordinance of this city. No second residential unit may be offered for rental terms of less than thirty days. b. Notwithstanding Section 17.38.2670.HE.210.ab, the city may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
i. The property was built or developed by a qualified nonprofit corporation.
ii. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit that satisfies all the requirements of paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. 205
13 iii. The property is held pursuant to a recorded tenancy in common agreement that includes all the following provisions:
(A)The agreement allocates to each qualified buyer an
undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation the opportunity to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer's principal residence.
(D)Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensures the property will be preserved for low-income housing for fortyfive years for owner-occupied housing units and will be sold or resold to qualified buyer.
(E) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
(1) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall
agree not to claim a right of occupancy to an area
delineated for the exclusive use of another
cotenant, provided that the latter cotenant's
obligations to each of the other cotenants have been
satisfied.
(2) Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general
maintenance and repair, improvements, and any
other costs, obligations, or liabilities associated
with the property. This delineation shall only be
binding on the parties to the agreement, and shall
not supersede or obviate the liability, whether joint
and several or otherwise, of the parties for any cost,
obligation, or liability associated with the property
where such liability is otherwise established by law
or by agreement with a third party.
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14 (F) Procedures for dispute resolution among the parties before resorting to legal action.
iv. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A preliminary change of ownership report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
v. Notwithstanding Section 17.38.260.E.1, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility when an accessory dwelling unit is sold or conveyed separately from the primary residence. Notwithstanding Section

17.38.270E.8.a, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility when an accessory dwelling unit is sold or conveyed separately from the primary residence.

11.Except as otherwise provided in this chapter, second residential units shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing.

12. Parking.
a. Parking provided shall not exceed one space per unit or per bedroom, whichever is less. Such additional space may be a tandem space in a driveway or off-street within setback areas provided in locations approved by the city. Tandem parking and the location of off-street parking within setback areas shall be approved by the city unless specific findings can be and are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.
b.If a garage, carport, or covered parking structure is demolished in conjunction with the construction of a second residential unit or is converted to a second residential unit, those off-street parking spaces are not required to be replaced. c.No additional off-street parking spaces shall be required for second residential units in locations meeting the following criteria:
i.The unit is located within one-half-mile walking distance of public transit. ii.The unit is located within a historic district.
iii.The accessory dwelling unit is part of a proposed or existing primary residence or accessory structure.
iv.On-street parking permits are required but not available to the occupant of the accessory dwelling unit.
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15 v.There is a car-share vehicle located within one block of the accessory dwelling unit.

J. Q. Other Provisions.

1. This section shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

2. No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under Section 17.38.2670.

3. Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for singlefamily residential use that meets the requirements of Sections 66314 or Section 66333 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

4. Except as otherwise provided in this section, accessory dwelling units shall comply with all uniform building codes adopted and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing.

5. Building code requirements for detached dwellings shall be applied to accessory dwelling units, except that the construction of an accessory dwelling units shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the city building and safety division makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.

K. G. Code Enforcement.

1. The code enforcement officer shall from time to time conduct a review of accessory dwelling units second residential units within the city. The code enforcement officer or designee may enforce all provisions of this code and provisions of state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions:
a. A code enforcement officer may report:
i. A change in ownership of the lot or parcel of land on which the residential units are situated.
ii. A change in the occupancy of the residential units that is not in compliance with this section.
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16 2. 1. A code enforcement officer may issue to an owner of an accessory dwelling unit second residential unit a notice to correct a violation of any provision of any building standard or any failure to comply with this section. The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:
a. i. The accessory dwelling unit second residential unit was built before January 1, 2020.
b. ii. The accessory dwelling unit second residential unit was built on or after January 1, 2020; however, at the time the unit was built, the city had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

3. The owner of an accessory dwelling unit second residential unit that receives a notice to correct violations or abate nuisances, as described in Section

17.38.2670.GJ, may submit an application to the city requesting that enforcement of the violation be delayed for up to five years, as long as the violation is not a health and safety issue as determined by the local agency, subject to compliance with Section 66331 of the Government Code and Sections 17980.12(a)-(c) of the Health and Safety Code. on the basis that correcting the violation is not necessary to protect health and safety.
a. The city shall grant an application described in Section

17.38.270260.GJ.3. if it is determined that correcting the violation is not necessary to protect health and safety. In making this determination, the zoning administrator shall consult with the code enforcement officer, building official, and/or the state fire marshal or designee pursuant to Section 13146 of the Health and Safety Code.
b. The city shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to Section 17.38.270G.260. J.3(a).

If upon such review, it appears that in a particular case a violation of the provisions of this chapter section has occurred, the code enforcement officer may take such action as deemed necessary by the city attorney to correct any violation.

L. Compliance with State Law. This section is intended to comply with the requirements of Title 7, Division 1, Chapter 13 of Section 65852.2 of the Government Code and any amendments thereto. All accessory and junior accessory dwelling units approved by this section are deemed to not exceed the allowable density for the lot upon which the accessory dwelling unit second residential unit is located, and accessory and junior accessory 209
17 dwelling units are a residential use that is consistent with the existing general plan and zoning designations for the lot.

Section 3. CEQA. The amendments to Section 17.38.260 – Second residential units pertain to compliance to State Accessory Dwelling Units and compliance with the City of Soledad 6th Cycle Housing Element. Pursuant to the California Environmental Quality Act (CEQA), the proposed zoning text amendments are consistent with the environmental analysis conducted for the City of Soledad 6th Cycle Housing Element, which was evaluated under an Addendum to the certified General Plan Environmental Impact Report (EIR). The amendments do not result in new significant environmental effects or a substantial increase in the severity of previously identified impacts. Therefore, no additional environmental review is required under CEQA Guidelines Sections 15162 and 15164.

Section 4. Severability. The City council hereby declares every section, paragraph, sentence, clause and phrase in this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentence, clause or phrases.

Section 5. Effective Date. This ordinance shall take effect and be in force 30 days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the council voting for and against the ordinance in a newspaper of general circulation in the City of Soledad.

This ordinance was introduced and read on the 18th day of March 2026 and was finally adopted on the 1st day of April 2026 by the following vote.

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSTAIN, Councilmembers:

ABSENT, Councilmembers:
_____________________________
ANNA M VELAZQUEZ, Mayor
Attest:
______________________________________
MEGAN HUNTER, City Manager/Clerk
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Attachment 1- PC Resolution
211
212
213
214
215
216
Dec 17, 2025
City of Soledad
248 Main St
Soledad, CA 93960
By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
CC: [email protected]; [email protected]; [email protected]; [email protected] Re: Proposed Amendments to the City’s ADU Regulations
Dear Soledad City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment regarding item VIII.2 for the Council meeting of December 17 2025, an update to the City’s zoning text. Specifically, CalHDF writes to comment on the City’s proposed regulations for the construction of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”).

There are specific portions of the City's ADU code that violate state law, and the City should correct these issues before passing the ordinance.

Background
The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or 2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
Attachment No. 2
217
design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
Impermissible Owner Occupancy Restriction on JADUs
City code section 17.38.260(C)(1) requires owner occupancy for properties that contain a JADU.

However, the City should also be aware that AB 1154 will be effective on January 1, 2026. In addition to other provisions, AB 1154 forbids the application of owner occupancy requirements to properties with a JADU when the JADU has its own bathroom.

Given how close we are to the effective date of AB 1154, the City should update its code accordingly.

Impermissible Application of Underlying Standards
City code section 17.38.260(D)(1)(e) applies all underlying zoning standards to all attached ADUs, with an exception if application of such standards would preclude construction of an 800 square foot ADU.

City code section 17.38.260(D)(2)(e) applies all underlying zoning standards to all detached ADUs, with an exception if application of such standards would preclude construction of an 800 square foot ADU.

However, as discussed supra, the City may not apply any underlying standards to ADUs developed pursuant to Government Code section 66323, subdivision (a). The savings clause regarding 800 square foot ADUs is insufficient because ADUs developed pursuant to section 66323, subdivision (a) are not subject to any underlying zoning standards, as Government Code section 66323, subdivision (b) forbids the application of any local standards.

Of particular note, City code section 17.38.260(D)(2)(e) applies underlying front setback requirements to all detached ADUs. However, Government Code section 66323, subdivision 2 of 4
218
(a) does not permit any imposition of front setback requirements if the ADUs qualify for the protections of that section of law. This is because Government Code section 66323, subdivision (b) forbids application of any local standards not specifically listed in section 66323. New construction, detached ADUs developed pursuant to section 66323 are only required to adhere to four foot side and rear setbacks. This means that the City may not impose any front setbacks on such ADUs.

Additionally, the savings clause relating to 800 square foot ADUs is insufficient. First, even if an ADU is developable elsewhere on the parcel, Government Code section 66323, subdivision (b) forbids the City from imposing a front setback requirement in order to regulate the ADU’s location. Second, detached ADUs developed on parcels with multifamily buildings pursuant to Government Code section 66323, subdivision (a)(4) are not subject to any size limits. This is because Government Code section 66323 does not include any size limits on ADUs on multifamily parcels, and Government Code section 66323, subdivision (b) forbids the application of any development standards to section 66323 ADUs if such standards are not included in section 66323. This means that an exception for 800 square foot ADUs is inadequate for detached ADUs developed on parcels with multifamily buildings.

HCD has issued guidance under its authority in Government Code section 66327 (that guidance is located in the January 2025 HCD ADU Handbook, page 18) affirming the duty of local agencies to allow ADUs protected by Government Code section 66323 in the front setback under all circumstances: “66323 Units do not have to comply with lot coverage, front setbacks, and design standards.” This applies whether the property is a single family home or a multifamily building.

The City must amend its code to exempt section 66323 ADUs from all underlying zoning standards, including front setback requirements.

Impermissible Parking Requirements
City code section 17.38.260(D)(2)(d) imposes parking requirements on all ADUs, less certain specified exceptions.

However, as discussed supra, the City cannot impose local development standards on ADUs that conform to the requirements of Government Code section 66323, subdivision (a), as section 66323, subdivision (b) specifically exempts such ADUs from all local requirements.

This means that the City cannot impose parking requirements on section 66323 ADUs.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added):

A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not 3 of 4
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specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).

The City must amend its ADU ordinance to exempt section 66323 ADUs from parking requirements, as is required by state law.
⧫ ⧫ ⧫
It is laudable that the City is updating its ADU regulations as state law changes. However, the City should make sure that its zoning regulations comply with state law.

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
4 of 4
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Attachment 3 – Response to CalHDF Letter
1 MEMORANDUM
Date: March 13, 2026
To: Honorable Mayor Anna Velazquez and City Council
From: Community and Economic Development Department – Planning Division Subject: Response to CalHDF Public Comment Letter
Honorable Mayor Anna Velazquez and City Council,
During the City Council meeting on December 17, 2025, the City Clerk received a public comment letter from CalHDF. This letter is included as Attachment 1 in the Staff Report for Ordinance No. 777. The letter identified three primary areas for clarification or modification to the ordinance in review. Staff reviewed these comments in coordination with PlaceWorks and the City Attorney’s office to determine whether responses or revisions to the proposed ordinance were necessary. As a result of this review, several updates were incorporated into the draft ordinance to ensure consistency with current State law and to clarify certain provisions.

Point 1 – Owner-Occupancy Requirements for JADUs (Effective 2026) The comment letter noted that State law regarding owner-occupancy requirements for properties with Junior Accessory Dwelling Units (JADUs) changed effective January 1, 2026. The zoning amendments prepared with assistance from PlaceWorks were drafted during the first half of 2025 and therefore reflected the State laws in effect at that time. Staff reviewed the recent statutory change, introduced through SB 543 in 2025 and adopted later that year, and determined that an update to the JADU provisions was appropriate. The ordinance has been revised to incorporate these changes and align with the law that became effective in 2026. These updates are reflected in Section 17.38.260(D)(3) on page 10 of Exhibit A.

Point 2 – Applicability of Additional Development Standards to ADUs.

The comment letter raised concerns that the ordinance language was unclear regarding the applicability of certain development standards. The letter noted that these standards should not apply to ADUs that are exempt under State law. During the review, staff identified that the draft ordinance did not explicitly reference units permitted under California Government Code Section 66323, commonly referred to as “statewide exempted” ADUs. This section of State law establishes four types of ADUs that must be allowed ministerially and limits the development standards that cities may apply. To address this concern, staff added a new section to the ordinance that explains the statewide exemption provisions and outlines the applicable development and design standards 221
Attachment 3 – Response to CalHDF Letter
2 for these units. These revisions are included in Section 17.38.260(B)(1)(a)(iii) on page 3, (B(1)(b)(iii) on page 4, and Section C on page 5 of Exhibit A.

Point 3 – Parking Requirements for ADUs.

The comment letter further asserted that no parking requirements can be imposed for ADUs. Staff reviewed this claim and determined that it does not fully align with the provisions of California Government Code Section 66314, which allows limited parking requirements in certain circumstances. However, State law also identifies several situations where parking cannot be required. To ensure clarity and consistency with State regulations, staff revised the ordinance language to clarify when parking may be required and to confirm that parking requirements do not apply to ADUs that qualify for State exemptions. Clarifying language was added in Section

17.38.260(C)(b) on page 5 of Exhibit A.

Overall, the comment letter provided an opportunity for staff to further refine the ordinance and ensure alignment with recent State law updates. The resulting revisions strengthen the ordinance by clarifying State exemption provisions, updating JADU regulations to reflect recent legislative changes, and refining parking standards for ADUs.
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HOUSING

IMPLEMENTATION
ZONING

AMENDMENTS
City of Soledad
March 18, 2026
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ORD. NO. 777 – ACCESSORY DWELLING
UNITS (ADUs)
Locations Permitted
2 1
 Owner Occupancy required for JADU’s
(<500 sq ft), but no longer for any type
of ADU’s
 One JADU and ADU allowed per lot
Unit Type Allowed on
Same Lot Notes
JADU + Detached ADU Allowed
Owner-occupancy
required for JADU if
there are shared
restrooms only & ≤ 500
sq ft.

Attached Garage JADU +
Detached ADU Allowed
Must be ≤ 500 sq. ft.
for JADU & Owneroccupancy required
Primary Dwellling + ADU
Secondary Dwelling + ADU
Allowed only
through SB 9 lot
split
A large lot split into
two lots- Owner
Occupancy required
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ORD. NO. 777 – ACCESSORY DWELLING
UNITS (ADUs)
Development Standards
3 2
 Defined - Floor area, setbacks for
existing accessory structures
(grandfathered in)
 Added Maximum height to be 2 stories
or by the base of the zoning district or
primary home, whichever is lower
 No more parking requirements for
Attached ADU’s
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 General Plan and Housing Element
Compliance
 Ordinance was reviewed and recommended
by the Planning Commission
 Submit to HCD for compliance with State
Law
 Parking and Fire Sprinkler questions were
the main points of discussion

SUMMARY OF

DISCUSSION
4 226
Three main points:
 Related to the AB 1156 – JADUs are no
longer required to have owner occupancy if
the JADU has a separate restroom
 Related to Statewide Exempted ADUsLanguage added to clear development standards
 Parking Requirements- Clarified parking
requirements for Statewide Exempted ADUs
and other ADU types.

PUBLIC

COMMENT
5 227
Approve Ord No. 777:
 As presented
 With minor adjustments
CEQA: Ordinance No. 777 is consistent with the
environmental analysis conducted for the City of
Soledad 6th Cycle Housing Element, which was
evaluated under an Addendum to the certified General
Plan Environmental Impact Report (EIR).

Upon Approval:
 Submit to HCD for compliance

CITY COUNCIL
ACTION
6 228

HOUSING

IMPLEMENTATION
ZONING

AMENDMENTS
THANK YOU!
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SUBJECT: Resolution No. 6347, A Resolution of the City Council of the City of Soledad Approving Amended "City of Soledad Policy and Procedures for the Naming of City Parks and Facilities"
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Rodriquez, City Attorney
MEETING DATE: April 1, 2026

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No.6347, approving amendments to “City of Soledad Policy and Procedures for the Naming of City Parks and Facilities” and consider initiating the process for renaming Cesar Chavez Park.

Executive Summary
In 2018, the City adopted a formal policy providing procedures and guidance for the naming, and where appropriate, renaming of parks and facilities by the City Council. Certain references in the policy have become outdated and need to be either deleted or replaced, and language needs to be added to the Policy to clearly authorize the City Council to initiate the naming or renaming process. Staff has prepared amendments to the Policy to address the issues referenced above for Council consideration.

In a related matter, at the March 18, 2026 City Council meeting, Mayor Pro Tem Fernando Ansaldo Sanchez requested that Staff agendize an item for the Council to discuss the renaming of Cesar Chavez Park. Said request follows on the heels of published accusations asserting that Chavez engaged in serious acts of personal misconduct that are in conflict with community values and standards, thus rendering the current designation as inappropriate. Many other cities, counties and states throughout the Country have initiated similar actions. Staff has suggested a process to be followed if the Council chooses to pursue the renaming effort that includes the removal of signage and solicitation of community input on other naming options in keeping with the City’s naming policy.

Background
Due to the fact that the City occasionally receives requests or has reason itself to consider the naming and renaming of City parks and facilities, in 2018 the City Council adopted a parks and facilities naming policy. The Policy was designed to be a comprehensive set of guidelines and related procedures for the naming and renaming process. The Policy contains criteria for determining whether a proposed 230
park or facility name is appropriate, such as whether the name involves a recognized subject of historical significance or is the name of a person who provided exceptional service in the interest of the park system or the community as a whole. Procedurally, the Policy was structured to have naming requests submitted to the Public Works Director, subsequent request consideration and recommendation to the City Council from the Parks and Recreation Commission, and final decisionmaking made by the Council.

In recent weeks, credible historical resources and public statements have been brought to light concerning the personal conduct of Cesar Chavez that have caused states and cities throughout the country to consider changing the names of public places and streets previously named in Chavez’s honor. The City currently has both a park and what appears to be a private street named after Chavez.

During the “Future Agenda Items” section of the Council meeting of March 4, 2026, Mayor Pro Tem Fernando Ansaldo-Sanchez requested that this matter be agendized for council discussion and consideration.

Review & Analysis
Naming Policy
While the basic components of the City’s current “Policy and Procedures for the Naming of City Parks and Facilities” remain sound and similar to policies adopted by other cities, reliance on both the Public Works Director and the inactive Parks and Recreation Committee is problematic. Additionally, the Policy does not clearly establish a procedure for name changes initiated by the City Council.

As such, the first step in the Council’s renaming consideration should be modification of the existing naming policy. Staff has prepared a revised Policy that adds a specific provision allowing the Council to initiate and consider a name change for a city park or facility without having to go through a Department Head or subordinate body. Staff also deleted references to the inactive Parks and Recreation Committee and concluded that substitution with another city body is unnecessary- it will be more efficient to have naming and renaming requests come directly to the City Council.

Finally, after consultation with the City Manager, it was determined that the initial intake of naming and renaming requests should be moved from the Public Works Director to the Community and Economic Development Department. Staff is recommending approval of the amended Policy by way of adoption of Resolution No. 6347 this evening.

Consideration of Renaming Chavez Park
The request made at the City Council meeting of March 18 was to bring back an item to discuss the possible renaming of Chavez Park and Chavez Street. Similar action is being considered by states, cities, and learning institutions throughout the country. Within hours of the publication of a story concerning an in-depth investigation into numerous allegations of sexual misconduct against Chavez in the New York Times on March 4, 2026, the veracity of which was supported by a statement from renowned farmworker rights activist Dolores Huerta, city leaders across the State of California in cities such as Sacramento, San Diego, San Francisco, Los Angeles, San Jose, and Fresno expressed their intent to consider the removal of Chavez’ name from streets, parks, and libraries, as well as the removal of various Chavez-related monuments. The Council must now decide if it wishes to join other public entities that have determined that a name change is warranted.

While the City has a specific policy for the naming and renaming of parks, no such policy or ordinance 231
exists for naming or renaming city streets. For the most part, street naming is a function of the subdivision map approval process and is not considered on a street-by-street basis. Staff’s initial determination is that the street named after Chavez is located within an affordable housing project and may be outside of the City’s purview. Given the lack of specific authority and process for street renaming, and doubts concerning jurisdiction over the street in question, Staff is recommending that the Council move forward with its consideration of the renaming of Chavez Park and return to the street naming issue at a later date.

It is worth noting that the renaming of parks and facilities is “strongly discouraged” by the City’s naming policy. This is due to the fact that the process of naming a park or facility is meant to be permanent recognition of subjects of historical, geographical or local significance. Renaming is often perceived as erasing history and disrespectful of prior community and council value determinations. In the instant case, the Council should consider whether maintaining a park in the name of an individual who is the subject of damaging, illegal or exploitive behavior contradicts the City’s commitment to the values of integrity, equality and social justice. If the answer is yes, then consideration of a proposed renaming would be appropriate.

If the Council wishes to engage in the renaming procedure pursuant to the revised policy, staff is recommending the following:

1. While the Council is contemplating a new name for the park, remove the current signage and park plaque. As a practical matter, this action has already been taken to protect against potential vandalism and the referenced items are in safe storage. Staff will coordinate with the City’s emergency service providers to determine the best way of designating a park name during the interim renaming period.

2. Engage with the public to develop options for a new name for the park. The City of Seaside has a particularly helpful naming form that Staff has modified for Soledad use, a copy of which is attached hereto as Attachment A.

3. Once the City has received naming options, including any suggestions offered by members of the Council itself, schedule a public hearing to discuss suggested park designations and thereafter select a new name.

Staff stands ready to take direction from the council on this matter.

Financial Considerations
There will be modest costs involved in resigning the park if a new name is selected.

Strategic Plan Alignment
The involved actions support and align with Strategic Plan Goal 4.3 Promote Historical Preservation and Celebrate Soledad’s Cultural Heritage and Objective 4.3.4 Honor influential figures, community leaders and veterans by facilitating consideration of the appropriate naming of one of the City’s most visible parks.

Alternatives
Council could provide staff with direction on proposed modifications to the Policy to be considered at a later date.

If the proposed Policy amendment is adopted, the Council can initiate the reaming process for Chavez Park.
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Resolution No. 6347
Exhibit A
Attachment A - Revised City Application for Naming Parks and Facilities Council may choose to defer or refrain from taking any renaming action.

Planning/CEQA
The proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA). Per CEQA Guidelines Section 15378, since the policy change and proposed renaming process will not result in any direct or reasonably foreseeable physical change to the environment, per CEQA Guidelines Section 15378 they are not considered a project and no environment review is required
Public Notice Requirements
N/A
Attachment(s):
233
RESOLUTION NO. 6347

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING AMENDED “CITY OF SOLEDAD POLICY AND PROCEDURES FOR THE NAMING OF CITY PARKS AND FACILITIES”
WHEREAS, the City periodically receives requests or has other reasons to consider the naming of City parks and facilities; and
WHEREAS, in 2018, the City adopted a formal policy providing procedures and guidance for the naming, and where appropriate, renaming of parks and facilities by the City Council; and WHEREAS, portions of the aforesaid policy, including references to an inactive subordinate city entity, have become outdated and need to be removed; and WHEREAS, the policy also lacks clear authorization for the Council itself to initiate a naming or renaming effort; and
WHEREAS, Staff has prepared amendments to the “City of Soledad Policy and Procedures for the Naming of City Parks and Facilities” to address the issues referenced above for Council consideration.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that the amended “City of Soledad Policy and Procedures for the Naming of City Parks and Facilities,” a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, is hereby approved.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1
st day of April 2026, by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSTAIN, Councilmembers:

ABSENT, Councilmembers:
______________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
___________________________________
MEGAN HUNTER, City Clerk
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EXHIBIT A

CITY OF SOLEDAD POLICY AND PROCEDURES

FOR THE NAMING OF CITY PARKS AND FACILITIES
Purpose:

The purpose of this policy is to establish a set of standard procedures and guidelines for the naming and renaming of parks and facilities owned and/or operated by the City of Soledad in a manner that is compatible with the City’s ongoing Strategic Plan Goal to “Promote Historical Preservation and Celebrate Soledad’s Culture and Heritage.” This policy will guide name recognition and establish its uniform application. While rResponsibility for naming city parks and facilities lies with the City Council, with the Council shall receive input and recommendations on naming from the public Parks and Recreation Committee.

Objectives of Policy:

1. To enhance a sense of community within the City by providing names for parks and facilities that memorialize and remind citizens of matters of local importance, such as events, geographic features and individuals who have contributed to the City’s wellbeing.

2. Ensure that parks and facilities are easily identified and located.

3. Ensure that names given are consistent with the values and characteristics of the City.

4. Assure the appropriateness of the title/name, so that it will serve the purpose of the City in a permanent manner.

5. Encourage public participation and input in order to fully represent the best interests of the City and/or area affected.

6. Encourage and recognize the dedication of lands or donations by individuals or groups.

Qualifying Names and/or Criteria:

The following criteria shall be used in determining whether a proposed park or facility name is appropriate:

1. The name highlights the geographic location of the park or facility, or an outstanding feature of the area, including descriptive names (e.g., hill, river, vegetation).

2. The name features commonly recognized subjects of historical significance such as an event, person, group, culture or place.
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3. The name is that of a person or group that significantly contributed to the acquisition or development of the park/facility.

4. The name is that of an individual who provided an exceptional service in the interest of the park system or the community as a whole. Examples include but are not limited to persons whose efforts enhanced the quality of life and well-being of the City’s citizens, or contributed to the preservation of the City’s history or culture. The question to ask is whether the person’s contributions were of such value to the City that the person deserves to be honored by the naming of the park or facility.

5. The name is that of a person whose contribution or significant gift to the City is of an extraordinary nature. The same factors as listed in Section 4 should be considered.

6. Naming may be considered based on the provision of significant funding that underwrites the cost of renovation or construction of City property. Financial underwriting shall be broadly defined as substantial monetary contributions that completely or significantly enable City projects such as parks, buildings or property acquisition to occur. This may include monetary gifts and/or grants that leverage federal, state or local funding for such projects or complete donation of land.

7. Parks and facilities that are donated to the City can be named by deed restriction by the donor without going through the process set forth herein. However, the naming and acceptance of land pursuant to deed is subject to approval by the City Council.

8. Naming may not conflict with public grant funding policies established by state and/or federal grant funding programs.

Exclusions:

The following shall be grounds for automatic exclusion of consideration in park and facility naming:

1. Profane, discriminatory or derogatory names relating to age, race, religion, creed, national origin, sex, color, marital status, disability, sexual orientation, or political affiliation.

2. Names that cause confusion due to duplication or that sound too similar to existing named locations within the City.

3. Names associated with tobacco, alcohol, controlled substances, religious organizations, political candidates or adjudicated felons.

4. Names of appointed or elected officials currently in office or current city employees. 236
Renaming:

The intent in naming parks and facilities pursuant to this policy is for permanent recognition.

The renaming of parks and facilities, named whether prior to or in accordance with the provisions of this policy, is strongly discouraged. It is recommended that efforts to change a name be subject to strict and critical examination so as not to diminish the original justification for the name or discount the value of prior contributions. Parks named for a subject, other than individuals, may be changed in name only if the current name is ineffectual or inappropriate.

Procedure:

1. Staff, city residents, or community leaders and organizations interested in proposing a name for a park or facility must submit a written request and recommendation to the Public Works Community and Economic Development Director for consideration by the Parks and Recreation Committee. Requests need to describe in detail why the candidate merits such recognition.

2. When naming after a deceased person or persons, written documentation of approval by next of kin (if available/possible) is required as part of the request.

3. The Public Works Community and Economic Development Director shall review the written request for completeness and consistency with the provisions of this policy and thereafter schedule for consideration by the Parks and Recreation Committee. A request deemed to be in violation of any of the provisions of this policy will be returned, without Committee further action, with a brief written explanation as to the identified noncompliance. Once a request is deemed complete, it will be submitted to the City Council for consideration, with or without a recommendation from the Community and Economic Development Director. The Director may seek input from other Department Heads, such as the Chief of Police, Fire Chief, and Public Works or Parks and Recreation Directors, in preparing a recommendation.

4. The City Council The Parks and Recreation Committee shall consider all requests and submit a formal recommendation for names deemed worthy of consideration to the City Council for park and facility naming at a regular Council meeting. The City Council will allow for public input and comment before making its decision.

5. The City Council will thereafter confirm park and facility names by resolution.

6. The City Council has final approval and may reject any naming request. No appeal rights are conferred by the existence of this policy.

7. The City Council itself may initiate a request for naming or renaming a park or facility and have the item placed on an agenda for consideration, discussion, and final action after receipt of public input and comment.
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