ARVIN ALIFORNIA A Incorporated Dec.2 211960  bs  REGULAR MEETING  ARVIN PLANNING COMMISSION  TUESDAY NOVEMBER 19, 2024 6:00p.m. CITY HALL COUNCIL CHAMBERS 200 CAMPUS DRIVE, ARVIN  CALLTOORDER  PLEDGE OF ALLEGIANCE  PLANNING COMMISSIONERS: Joshlyn Horton  Chairperson Vice Chairperson Planning Commissioner Planning Commissioner Planning Commissioner Executive Director City Planner. Consultant City Attorney - Hodges Law Group Secretary  Anaiza Prado Fatima Gonzalez Rubi Carmona Manuel Leon  STAFF: JeffJones  Jake Raper Nathan Hodges Cecilia Vela    -  A  o  -  -  e I 9 f le E  9 E 9 @ 9 & C    PUBLICCOMMENIS:  The meetings oft the City Council and all municipal entities, commissions, and boards ("the City") are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members oft the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation oft two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction ori interest oft the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staffa and the media. Willful disruption oft the meeting shall not be permitted. Ift the Mayor finds that there isi in fact willful disruption ofany City Council Meeting, he/she may order the disrupting parties out oft the room and subsequently conduct In accordance with the Brown Act, all matters to be acted on by the City must bej posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention oft the City subsequent to the agenda being posted, upon making certain findings, the City may act  the City's business without them present.  on an item that was not on the posted agenda. AGENDA STAFF REPORTS AND HANDOUTS:  Staff reports and other disclosable public records related to open session agenda items are available at City  Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours. CONDUCTI INTHE CITY COUNCLCIAMBERS:  Ruleso of] Decorum for the Public  Members oft the audience shall not engage in disorderly or boisterous conduct, including the utterance ofloud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion ofthe presiding officer or a majority oft the City, be subject  to ejection from the meeting per Gov. Code Sect. 54954.3(c).  Removal from the Council Chambers: Council Chambers per Gov. Code Sect. 54954.3(c).  Any person who commits the following acts in respect to ai meeting oft the City shall be removed from the (a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to (b) A breach oft the peace, boisterous conduct or violent disturbance, tending to interrupt the due and (c) Disobedience ofany lawful order ofthe Mayor, which shall include an order to be seated or to refrain  interrupt the due and orderly course of said meeting;  orderly course ofs said meeting; from addressing the City; and  (d) Any other unlawful interference with the due and orderly course ofs said meeting.  AMERICANSwith DISABILITIESACT  In compliance with the ADA, ify you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk's office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable  arrangements can be made to provide accessibility to the meeting or service.    1. Approval of Agenda As To Form.  Motion Roll Call: PC Carmona  Second  Vote PC Gonzalez  PC Leon  VC Prado  Chair Horton  2. PUBLIC COMMENTS  This portion of the agenda is reserved for persons wishing to address the Planning Commission. At regularly scheduled meetings, members of the public may address the Planning Commission on any matter within the Jurisdiction of the Planning Commission. At special or emergency meetings, members of the public may only address the Planning Commission on matters that are listed for review on the agenda. Please keep comments at no more than two minutes or four minutes if interpretation is needed. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the Chairperson and not at individual  Commissioners or staff.  3. CONSENT AGENDA ITEM(S)  A. Approval of the Minutes of the Regular Meeting of October 15, 2024.  Staff recommends approval of the Minutes of the Regular Meeting of October 15,  2024. Motion  Second PC Gonzalez  Vote PCLeon  Roll Call: PC Carmona  VC Prado  Chair Horton  4. PUBLIC HEARING ITEM(S)  A. A Public Hearing to Consider Approval of a Resolution of the Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 - Ordinance Amending Chapter 17.51 Staff recommends to open the hearing, allow for public testimony, close the  Accessory Dwelling Unit.  hearing, and approve the Resolution.  Motion  Second  Vote PC Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton    B. APublic Hearing - To Consider Adoption of a Resolution of the Planning Commission of the City of Arvin Recommending the City Council Amend the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan Including a Recommendation to Adopt an Exemption Pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3)  Staff recommends to open the hearing, allow for public testimony, close the  hearing, and approve the Resolution.  Motion  Second  Vote PC Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton  5. REPORTS FROM STAFF  6. PLANNING COMMISSIONER COMMENTS  7. ADJOURNMENT  Ihereby certify, under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted on the City Hall Bulletin Board, not less than 72 hours prior  to the meeting. Dated: November 14, 2024.  Jeff Jones, Deputy Secretary    REGULAR MEETING MINUTES ARVIN PLANNING COMMISSION OCTOBER 15, 2024  CALL TO ORDER @ 6:19 PM PLEDGE OF ALLEGIANCE  ROLL CALL: PC Leon and Vice Chair Prado absent. All others present.  1. Approval of Agenda As To Form. Motion to approve the Agenda. Motion PC Carmona  Second PC Gonzalez  Vote 3-0  2. PUBLIC COMMENTS  This portion of the agenda is reserved for persons wishing to address the Planning Commission. At regularly scheduled meetings, members of the public may address the Planning Commission on any matter within the jurisdiction of the Planning Commission. At special or emergency meetings, members of the public may only address the Planning Commission on matters that are listed for review on the agenda. Please keep comments at no more than two minutes or four minutes if interpretation is needed. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the  Chairperson and not to individual Commissioners or staff.  NONE  3. CONSENT AGENDA ITEM(S)  A. Approval of the Minutes of the Regular Meeting of September 17, 2024. Staff recommends approval of the Minutes of the Regular Meeting of September  17,2024.  Motion to approve the Minutes of the Regular Meeting of September 17, 2024.  Motion PC Carmona  Second PC Gonzalez  Vote 3-0  Arvin Planning Commission Mig Minutes 09/17/24  Page 1of2    4. PUBLIC HEARING ITEM(S)  A. A Public Hearing to Consider a Resolution of the Planning Commission of the City of Arvin Approving Tentative Parcel Map 2024-WSR-01, Exhibit A, Minor Land Division Subdividing Assessor Parcel Number 192-107-06 into two (2) Parcels and one Remainder Located on the North Side of West Sycamore Road and West of Stockton Avenue and East of Meyer Road Subject to Conditions of Approval, Exhibit B, and Deferred Off-Site Improvement Agreement, Exhibit C and Acceptance of CEQA Notice of Exemption Per Section 15305 - Minor  Allocations in Land Use Limitations  Hearing opened. Hearing closed. Motion to approve the Resolution. Motion PC Carmona Resolution No. APC2024-015  Testimony received from Civil Engineering company representing applicant.  Second PC Gonzalez  Vote 3-0  5. REPORTS FROM STAFF  NONE  6. PLANNING COMMISSIONER COMMENTS  NONE  7. ADJOURNED @ 6:46 PM  Respectfully submitted,  Jeff Jones, Deputy Secretary  Arvin! Planning Commission Mtg Minutes 09/17/24  Page 2of2    ARVIN  CITY OF ARVIN Planning Commission STAFF REPORT  Meeting Date: November 19, 2024  TO: FROM:  Arvin City Planning Commission Isaiah Medina, Assistant Planner Jake Raper, Contract Planner  Jeffery Jones, City Manager/ / Finance Director  SUBJECT: APublicHearingi to Consider Approval ofAI Resolution ofthe Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 -  Ordinance Amending Chapter 17.51 Accessory Dwelling Unit. Iti is recommended that the Planning Commission:  RECOMMENDATION 1) Open the Public Hearing. 2) Receive a staffreport. 3) Allow for public testimony. 5) Close the public hearing.  4) Discussion between Panning Commissioner members and Staff, ifneeded. 6) Staffrecommends the Planning Commission take the following action: "Motion to Approve - Resolution of the Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 - Ordinance  Amending Chapter 17.51 Accessory Dwelling Unit.  BACKGROUND:  The City Council, on the recommendation of the Planning Commission, adopted Ordinance No. 2023 -486 Accessory Dwelling Units on October 24, 2023, and became effective thirty days after adoption. As required by state law, the City of Arvin mailed the adopted ordinance on October 30, 2023, to the State of California Department ofHousing and Community Development On September 23, 2024, approximately one year later, the State ofCalifornia Department of Housing and Community Development (HCD) provided their review and requirements for Upon receipt of the review by HCD, the City's Consultant, Precision Engineering and Associates, prepared the required amends and inserted the proposed changes into Chapter 17.51 and prepared ai response letter which identified updates and amendments. The letter which  (HCD)for compliance review, Attachment1.  various amendments to the adopted ordinance, Attachment 2.  PCF Report November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page: 1of4    detailed the proposed changes and the draft amendments to Chapter 17.51 were sent tol HCD on On October 24, 2024 the City received an email from HCD which advised the City that HCD does noti review draft code amendments but require the city to adopt the Accessory Dwelling Unit ordinance prior to their review. HCD also advised that two new bills were signed into law 1. SB 1211 (Chapter 296, Statutes of2024) changes the allowances for multifamily 2. AB2533 (Chapter 834, Statutes of 2024) changes the special procedures for permitting  October 16, 2024, Attachments 3 and 4.  which goes into effect on 1/1/2025:  detached ADUS, among other things. unpermitted ADUS.  AUTHORIZATION BY CITY COUNCIL:  On September 19, 2017, the City Council adopted Resolution No. 2017-92 which authorized the City Manager to bring forward various code amendments; whenever the public necessity, convenience, general welfare, or good practices justify such action. The City Manager is recommending that thel Planning Commission and City Council mend various sections of  Chapter 17.51 Accessory Dwelling Unit. PUBLIC HEARING NOTICE:  This public hearing notice was posted on November 8, 2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2) Arvin Police Department; and (3) Community Development Department; (4) City of Arvin's website at www.arvin.org; providing a 10-day review, in accordance with Government Code Sections  36933, 65854, and 65090, Attachment 5.  DISCUSSION:  Based upon the information from HCD and the requirements of Government Code Tile7 Planning and Land Use, Division 1 Planning and Zoning Chapter 12, Housing Crisis Act of2019 and Chapter 13 Accessory Dwelling Units (66310-66342), Attachment 6, staffi is presenting the proposed zone code amendment to the City of Arvin's' Title 17 Zoning, Chapter 17.51 Accessory Dwelling Units. The proposed ordinance amendment has underlined ini red proposed additions and tmeieedealwph. sO that thej proposed changes are highlighted for the reader. Attached as Exhibit 1-I Draft Ordinance No. XX, ZCA No. 2024- Code Amendments Amending Chapter 17.51 Accessory Dwelling Units that show the proposed Staffrecommends that the Planning Commission forward a recommendation that the City Council Approve Zoning Code Amendment 2024- Ordinance Amending Chapter 17.51 Upon adoption ofthe ADU ordinance by the City Council, as required by Government Code Section 66326 (a) the City is to submit a copy oft the. ADU to the Department of Housing and Community Development within 60 days after adoption. After adoption ofa an  additions and deletions.  Accessory Dwelling Unit.  PCI Report November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page 2of4    ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article. Staff will forward the adopted ordinance to the State California Department of Housing and Community Development (HCD) for its comments which may require additional changes. Ifcomments are: received, the ordinance will need to be further amended to address any changes. IfHCD finds that any adopted ordinance enacted by a local jurisdiction is in any way inconsistent with state law, the ordinance is  void. Ifthis occurs, the ADU ordinance will require amending. ENVIRONMENTAL REVIEW AND DETERMINATION:  The zoning code amendment 2024 to Chapter 17.51 Accessory Dwelling Unit, is Statutory Exempted, Section 15282(h), from review under the California Environmental Quality Act (CEQA. The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66342 ofthe Government Code as outlined in Section 21080.17 oft the Public Resources Code). Additionally, the adopted Ordinance amends ADU regulations and implements the goals, policies, and programs oft the City of Arvin Housing Element. The adopted amendments implement the adopted housing element program and are regulatory actions taken by the city. Lastly, due to their limited impact, state law deems ADUS to be ministerial projects and, therefore, exempt from CEQA. Staff1 has prepared al Draft Notice of Exemption for the Zoning Code. Amendment 2024- - Ordinance Amending Chapter 17.51 Accessory Dwelling Unit, Attachment 7.  FISCAL CONSIDERATIONS:  Revenue Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees and in most cases the collection Research and Ordinance Adoption: This Project is funded by LEAP grant by the State of California Department ofHousing and Community Development for the purpose ofproviding additional opportunities for housing, in line with the goals contained in the Arvin General Plan and 2013-2023 Housing Element and the updated 2023-2031 Housing Element.  ofir impact fees and connection fees for utilities.  END OF REPORT. Exhibits:  Resolution oft the Planning Commission ofthe City of Arvin Recommending the City Council Approve Zoning Code. Amendment 2024 Ordinance Amending Chapter 17.51  Accessory Dwelling Unit.  Draft Ordinance No. 2024-XX, Ordinance Amending Chapter 17.51 Accessory Dwelling  Unit. Attachments:  Attachment 1- October 30, 2023, to the State of California Department of Housing and  Community Development (HCD) for compliance review.  PCI Report November: 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page 30 of4    Attachment 2 - September 23, 2024, State of California Department of Housing and Attachment 3 - Response letter dated October 16 2024 to HCD - Proposed changes and  Community Development (HCD) Review and Findings. the draft amendments to Chapter 17.51.  Attachment 4- Amendments to Chapter 17.51 -October 16, 2024, Attachment 5- Public Hearing Notice - Posting on November 8, 2024  Attachment 6 - Government Code Title 7 Planning and Land Use, Division 1 Planning and Zoning; Chapter 12 -H Housing Crisis Act of2019 and Chapter 13 Accessory Dwelling Units Attachment 7- - Notice of Exemption Code Amendment 2024 Chapter 17.51 Accessory  (Sections 66310 - 66342) Dwelling Units.  PC Report November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page 4 of4    RESOLUTION NO.  RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARVIN RECOMMENDING THE CITY COUNCIL APPROVE ZONING CODE. AMENDMENT 2024-ORDINANCE AMENDING CHAPTER 17.51 ACCESSORY DWELLING UNIT  AND ACCEPT CALIFORNIA ENVIRONMENTAL QUALITY. ACT  (CEQA). Al NOTICE OF EXEMPTION.  WHEREAS, at its regular meeting on November 19, 2024, the Planning Commission conducted a duly noticed public hearing in which it considered all written and oral testimony, including but not limited to written and oral testimony from the public and staff presentations and  reports;  WHEREAS, the Planning Commission therefore recommends the City Council Approve Zoning Code Amendment 2024 Ordinance Amending Chapter 17.51 Accessory Dwelling WHEREAS, copies of the environmental document and additions, deletions, and amendments to' Title1 17Zoning, Chapter 17.51 Accessory Dwelling Units werei made. available for public inspection during public review period at the City Clerk's office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City's  Unit, attached hereto as Exhibit A ("Proposed Ordinance"); and  website; and,  WHEREAS, the City properly noticed thel November 19, 2024 hearing before thel Planning Commission for thej proposed deletion and amendment to Chapter 17.51 Accessory Dwelling Units by posting the public hearing notice on November 8, 2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2) Arvin Police Department; and (3) Community Development Department; (4) City of Arvin's website at www.arvin.org; providing al 10-dayreview, in accordance with Government Code Sections 36933,  65854, and 65090. office; and  WHEREAS, proof of the published public hearing notice is on file at the City Clerks' NOW, THEREFORE, the Planning Commission of the City of Arvin (the "Planning Section 1: The recitals set forth above are true and correct and incorporated herein by this Section 2: Based upon its own independent judgment and substantial evidence in the record of proceedings related to the Proposed Ordinance amendments, the Planning Commission  Commission") hereby finds, determines, resolves and orders as follows:  reference.  recommends that the City Council adopt the Notice of Exemption.  Section 3: Based upon the foregoing and its independent judgment, the Planning Commission recommends the City Council of the City of Arvin adopt the Proposed Ordinance,  attached hereto as Exhibit A.  Page 1 of2  Reso Amending Various Chapters ofTitle 17 Zoning Relating to Accessory Dwelling Units    Section 4: This Resolution shall become effective immediately.  IIIII IIIII  HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at their regular meeting thereofheld on the 19th day of  November 2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  ATTEST  JEFFREY JONES, Secretary  ARVIN PLANNING COMMISSION  By:  JOSHLYN HORTON, Chair  APPROVED ASTO FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  Secretary of the Planning Commission of the City of  Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy oft the Resolution passed and adopted by the Planning Commission oft the City of Arvin on the date and  by the vote indicated herein.  Page 2 of2  Reso Amending Various Chapters ofTitle 17 Zoning Relating to Accessory Dwelling Units    PLANNING COMMISSION RECOMMENDED ORDINANCE ADOPTION ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN ADOPTING ZONING CODE. AMENDMENT 2024- ORDINANCE AMENDING CHAPTER 17.51 ACCESSORY DWELLING UNIT.  ORDINANCE NO.  WHEREAS, the City Council desires to amend' Title 172 Zoning, Chapter 17.51 Accessory WHEREAS, on November 19, 2024, at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC2024-XX, which recommended that the City Council adopt WHEREAS, on MONTH DAY, 2024, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, oral and written testimony from members of the public, and introduced the ordinance; and WHEREAS, on Month Day 2024, the City Council conducted public hearing and conducted the second reading and adoption ofOrdinance Amendments; and WHEREAS, after the above-mentioned City Council public hearing, the City Council now desires to amend Title 17 Zoning by amending Chapter 17.51 NOW,THEREFORE, the City Council oft the City of Arvin does hereby ordain as 1. The Recitals set forth above are true and correct and incorporated herein. 2. Copies of the environmental document and full text of the deletion and addition to Title 17 Zoning - Zoning Code Amendment ZCA 2023-04 were made available for public inspection during public review period at the City Clerk's office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City'swebsite. 3. Based upon its own independent judgment and substantial evidence in the record ofproceedings related to the Proposed Ordinance amendments, the City Council approves the Notice of Exemption and directs staff to file the Notice ofl Exemption with the Kern County Clerks Office and the State of California 4. This Ordinance establishes the opportunity for the efficient review and  Dwelling Units as recommended by the Planning Commission.  this Ordinance; and  Accessory Dwelling Units; and  follows:  CEQA Submit.  approval ofaccessory dwelling units.  Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 1 of11    Code Amendments are as follows:  Chapter 17.51 ACCESSORY DWELLING UNITS  Sections:  17.51.010 Purpose and applicability.  A. Purpose. Thej purpose oft this chapter ist to comply with Government Code Section 66310-66342 (Accessory Dwelling Units) 5HAyDaE Units), 65852.22 MmerAcwyPee Units),and 65852.26(Sale OF Conveyanee ofAeveony-Dweling Unit Separate from- Primary-Residemee) as amended from time to time byt the State, which provides for cities tos set standards for the development of accessory dwelling units (ADUS) and. Junior ADUS (JADUS) so as to increase thes supply ofs smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered tol be ar residential use, consistent with the general plan objectives and zoning regulations, and enhancel housing opportunities, including near transit for residential lots zoned to allow single family, homes B. This chapter isi intended toi implement the city's housing element of the general plan andi is adopted to comply with state law (Government Code Section 66314-66339 65852.24m4465852.22, by allowing ADUS through ministerial: review in all districts zoned to allow single- family, multi-family, or mixed uses, subject to meeting Permitted locations. Thej provisions included in this chapter are applicable to all lots that 1) are: zoned to allow single-family, multi-family residential, or mixed uses; and 2)i include a proposed or existing primary dwelling.  orn multi-family units.  the standards prescribed below.  17.51.020 Application process. ADUS alongwithabuildimgi permit.  A. Permit required. An Administative-Pemmitinsemplamsewith-Chapler17.05 Building Permit is required for B. Review and approval- ministerial review.. An erw-e with Chapter 17.05-feran ADU Building Permit shall be considered and approved ministerially without discretionary review ora hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating thei issuance ofvariances or special use permits within sixty (60) days ofa acceptance ofa complete 1. Exception: Should thej permit application to create an ADU be submitted concurrently with aj permit application to create a new single-family dwelling on the lot, in which case the city shall not approveor deny actent the ADU permit application until the city aets en approves or denies the permit application for thei new single-f family dwelling unit; or the applicant requests a delay, in which case the 60-day time period shalll be tolled for thej period of the delay. Ifthec city has not acted upen approved or denied the completed application for the ADU within sixty (60) days, and neither of the above exceptions are met, Application Remediation: Should the permit application to create an ADUI be denied, the city shall, within 60 days, return in writing a full set of comments to the applicant with al list ofi items that are defective or deficient and a description of how the application can be remedied. ADU shall be subject to this section and under subdivision (e) (a) of Government Code Section 66323 65852.2 shall notl be subject to design and development standards except for thoset that are noted in this chapter. ADUS that do not meet objective and ministerial development and design standards may still bej permitted through an ancillary discretionary process, conditional use permit, ift the applicant chooses toj pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process.  application.  then the application for the ADU shall be deemed approved.  Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 2of11    17.51.030 Submittal requirements.  A. The completed Building Permit application, dministrativepemm, shall be submitted to the planning building division on an application form prepared by thel Building Official eity-planner and shall include the submittal requirements, ase defined-by GhpsC-rmit useHeAGmRHFRiNe. Approval). Upon athmaiasaey -- permitapplieation: Fees for an ADU shall be established by the city council and said fees shall be, but notl limited to, administrative.perit applieation; building plan check fees, building permit fees, and state mandated fees relating tot thei issuance of  building permits.  17.51.040 Type of accessory dwelling units. A. Types of accessory dwelling units.  1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on thes same lot as thej proposed or existing primary dwelling, which] provides complete independent living facilities for one (1) or more persons. Its shalli include permanent provisions for living, sleeping, eating, cooking, and sanitation. The attached ADUS shall have an exterior entrance separate from the main house. 2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on thes same lot as thej proposed or existing primary dwelling, which provides complete independent livingf facilities for one (1) or morej persons. Its shall include permanent provisions 3. Internal conversion. ADU.. An ADU: may be located within areas converted to habitable space, such as:  forl living, sleeping, eating, cooking, and sanitation.  An area within an existing single-family dwelling (.g., attached garage) and on thes same. lot as the ii. An existing accessory structure (e.g., detached garage or pool house) located on thes same lot as an ii. Portions ofe existing multi-family structures that arei not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, ife each unit  existing dwelling with a separate exterior entrance; or existing single-family dwelling with a separate exterior entrance; or complies with statel building standards for dwellings.  17.51.050 Number and types of ADUS permitted per legal parcel or lot.  A. Lots with as single-family dwelling. The following number and types of ADUS shall be allowed per lot thati is zoned to allow single-family residential uses andi includes aj proposed or existing single-family dwelling.  1. One (1) attached. ADU; OF 2. One (1) detached ADU; and 3. One (1)JADU (See Section 17.51.120).  B. Lots with ai multi-family dwelling(s). The following number and types of ADUS shall be allowed per lot thati is zoned to allow multi-family residential uses and includes aj proposed or existing multi-family dwelling. 1. Converted ADUS. Converted. ADUS are allowed within portions of an existing multi-family dwelling that are not used as livable space: at least one (1)i interior ADU conversion and up to twenty-five (25) percent of thet total number of dwelling units are permitted. Cenversion ofnen-livables spaces- tee ereate ADU@-AHeutemepensdfaigma-amiyaineres. frem the conversionefmon-livable-area,shal be allewed hath-wsatlwmaia uses andi inmaludesanesi-tingmal.e.wemy-iwee) Pemafheuamkeae..-Ne conyertelfom-mon-iw-ialieasameifnosrwabiearweniMENe-ADUswI bep permitted.  Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 3 of11    2. Detached. ADU(s). Not more thant two (2). ADUS, conversion of existing accessory structures and/or new construction, that are located on al lott that isz zoned to allow multi-family residential uses and includes an  existing or proposed multi-family dwelling.  17.51.060 Development standards. A. Site/location requirements.  1. Minimum lot size. ADUS that comply with this chapter shall be permitted on alll legally established 3. Except for ADUS approved under Government Code Section 66323, space between buildings shall be established in the applicable zone district (see Section 17.08.110(R-1). 17.10.090 (R-2). and 17.12.090 1. Detached ADU. Thei maximum floor area ofar new construction ofa detached. ADUi is one thousand two 2. Attached ADU. The maximum floor area of an attached. ADU shall note exceed fifty (50) percent of the floor area of the existing primary dwelling for an attached. ADU or 1,200 square feet, whichever is less. These limits do noti include up to 150 square feet of area added to the primary dwelling for purpose of providing ingress and egress to the ADUI *-"He feet. C. Height merafauie-AIADAADU-amPy- Meminimumhaigresisiawsaliaadin 1. Attached ADUS. Thel height of the existing or multi-family dwelling or twenty-five (25) feet, whichever  parcels, regardless of! parcel size. 2. Lot coverage. Not applicable. (R-3) fors standards).  B. Size and floor area.  hundred (1,200) square feet.  empiwaliemmedariet. The maximum height shall be as follows.  isl lower. 2. Detached ADUS.  Sixteen (16) feet: or  ii. Eighteen (18) feet ifthe loti is within one-half(1/2) mile walking distance ofan major transit stop or high-quality transit corridor, as defined in] Public Resources Code Section 21155. The maximum height may bei increased by an additional two (2) feet, to twenty (20) feet maximum, for the ii. Eighteen (18) feet ift the lot has an existing or proposed multi-family, multi-story dwelling.  purpose of accommodating roof pitch with the primary dwelling.  D. Setbacks. All ADU Setbacks shall ensure accessibility forl health and safety emergency: personnel and shall provide site visibility at street and alleyi intersections. The side yard setbacks listed below ensure. health and safety access by emergency: personnel ands site visibility at streeti intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased tol be equal to or 1. Front yard setbacks. All ADUS shall meet the minimum front yard setback as established ini the applicable zone district.provided thes setbacks do not preclude the construction of an up to 800 square 2. Rear and side yard setbacks shall be the minimum as listed below, except where public utility i. Interior side yard setbacks: Interior side yard shall be ai minimum of four (4) feet. H. Cerners sileywlshwalk-Camryyamlaahak-haillew six-(6)feet iii. Interior rear yard setback: Interior Rear yard setback shalll be ai minimum of four (4) feet for  greater than the width of thet utility easement(s).  foot ADU that meets the provisions of Government Code Section 66323.  easement(s): requires a greater setback.  interior lots.  Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 4 of11    iv. Cmersyd-i.a.Camwymiata fore --------e 3. When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of1 less than four (4) feet, then the ADU shall maintain thes same setbacks as the existing structure ors setbacks of four (4) feet from thes side andi rear yards, whichever is less, ift the ADUis constructed: int the same location and to the same dimensions as the existing structure. i. Conversion ofexisting structures to an ADU not meeting the minimum setbacks shall be designed 1. One (1)parking space shall be provided per ADU, where applicable. This space may! be provided as tandem parking on ac driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet of thei interior side yard and shall not be within six (6) feet ofa a corner side yard setbacks. The four (4) foot and six (6) foot non-parking areas are to ensurel health and safety access by emergency: personnel and site visibility at street intersections. 2. When ag garage, carport, or covered parking structure is demolished: in conjunction with the construction ofa an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area andi may be designed as tandem parking or other design that accommodates off-street parking. The city code requires two (2) off-street parking spaces per dwelling unit but does noti require garages nor carports for off-street parking. Therefore, two-off-street parking spaces are required and when required one (1) off-street parking for the ADU. As noted, tandem parking  feet:  and/or retrofitted to meet the fire and building codes.  E. Parking requirements.  shall not block sidewalks or public access.  3. Exceptions. No parking shalll be required for ADUS in any oft the following instances:  The ADU is located within one-halfr mile walking distance of public transit. ii. The ADU is located within an architecturally and historically significant historic district. ii. The ADU isp part oft thej proposed or existing primary residence or an accessory structure. iv. When on-street parking permits are required but not offered to the oçcupant(s) of the ADU. V. There is a car share vehicle located within one (1) block of the ADU. vi. When aj permit application for an ADU is submitted with aj permit application to create a1 new single-family dwelling or ar new multi-family dwelling on the same lot. F. Architectural review. Thecenstnuetiomofnew-ADUshall be subjeet te SeSLay dwellings-and mobilehomes-DevelepmaAwhiwnimalSiandard-ADUR: shall have thes same exterior finish materials and roof form as the existing or proposed single-family or multi-family dwelling on the parcel. G. Access and entry. Except for ADUS approved under Government Code Section 66323, an ADU shall havea H. Density limits. AmADUhascenfemstelhendiamse-Al ADUS shalll be deemed tol be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon whichi itis located ands shalll be deemed tol be a residential use whichi is consistent with the existing general plan land use and zoning designations for the lot." The ADU shall not be considered in the application ofanyl local ordinance,  separate entry from thej primary residence and shall be from the side or rear yard.  policy, or program tol limit residential growth. 17.51.070 Other requirements. A. Availability ofutilities.  1. Utility connections.. ADUS may bes subject to utility connections as provided herein. 2. Private sewage disposal system. ADUS not serviced by the city's wastewater system must receive clearance from the Kern County Public Health Services Department. The applicant shall provide clearance to the city building division prior to thei issuance ofal building permit. Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 5of11    B. Addressing. The ADU shall be required to apply for andj pay the adopted addressing feei fort the proposed ADU(s), whether the ADU is an attached or detached. The address must be assigned prior to thei issuance of C. Fire sprinklers. Installation off fire sprinklers may not be required in ADUS (attached, detached, or conversion) where sprinklers werei not required by building codes fort the existing primary residence. For example,a detached single-familyl home designed and constructed decades ago would not! have been required tol have fire sprinklers installed under the applicablel building code at thet time. However, ift the same primary dwelling recently underwent: significant alteration andi is now required tol have fire sprinklers, any. ADU created after that alteration must be provided with fires sprinklers. (Government Code Section 66314(d)(12) and 66323(c)) 68522,hl-)iyamdeen) Please note, for ADUS created on lots with multifamily residential structures, the entire residential structure shall serve as the' primary residence" fort the purposes oft this analysis. Therefore, ifther multifamily structure: is served by fires sprinklers, the ADU can bei required toi install fires sprinklers. For additional guidance on ADUS and fire sprinkler system requirements, please consult the office oft the state fire marshal. Iffires sprinklers are not: required for thej primary residence, then installation of fires sprinklers is not required in an ADU. However, ift the primary residence undergoes significant remodeling andi is required toi install fire sprinklers, an ADU created after the remodel would also be required toi install fire D. Solar panels. New ADUS are: subject to the California Energy Code requirement (excluding manufactured homes) toj provide solar systems ift the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUS that are constructed within existing space, oras an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are: not subject to the Energy Code requirement toj provide solar E. Flood elevation certification. All ADUS are required to comply with Chapter 15.321 Floodplain Management when the proposed ADUi is located within thel FEMA Flood Hazard area which has a one (1) percent annual chance for shallow flooding. If applicable, prior to the issuance of thel building permit, compliance with Section 15.32.170(C) and (D) of the Arvin Municipal Code andj prior to thei issuance of thel building permit, a F. Building code compliance is required: for all ADUS. Thel building division will not issue final building permits G. Kern County Firel Department Clearance shall be required prior to thei issuance ofab building permit for an H. Other code compliance as may be applicable, such as but not limited to encroachment permits, lot mergers, lot  thel building permit.  sprinklers.  systems.  flood certification shall be provided.  for an ADUbefore approval oft building permits for thej primary dwelling.  ADU. line adjustments, etc.  17.51.080 Occupancy, rental, and sale limitations. A. Owner occupancy shall not bei required for ADUS. B. Rental of ADUS shall be ai minimum oft thirty (30) days.  C. Separate conveyance. An ADU may be rented separate from the primary residencel but may not! be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 66340-66342  65852.26 with affordability restrictions.  Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 6of11    17.51.090 Fee requirements.  A. Connection fees or capacity charges. An ADU shall notl be considered tol be ai new: residential use fort the purposes of calculating connection fees or capacity chargers for utilities, including water ands sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new. ADU and new: residential uniti is applied for and constructed, the new ADU and newi residential unit shall pay the applicable sewer B. Impact fees. Impact fees shall: not bei imposed on an ADU thati is less than seven hundred fifty (750) square feeti in size. For ADUS that are greater thans seven. hundred fifty (750) square feet in size, impact fees charged shall be proportionate ini relation to thes square footage of the primary dwelling unit. Permit processing fee. Application fees shalll be as established by resolution oft the city council fort the processing of the! planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shalll be required. All state mandatory fees associated with building permits D. Monthly charges fors sewer and water. ADUS shall be subject to the monthly. utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly  connection feei inj place at the time of submittal.  shall be required.  utility fees for domestic water service.  17.51.100 Conditions for non-contorming uses and structures.  A. Nonconforming conditions. Notwithstanding. Chapter 17.52, to the contrary, an owner of an ADU that receives an notice to correct violations or abate nuisance, inj relation to the ADU, may request a delay forf five (5): years ini in enforcement ofal building standard, as long as the violation isi not al health and safety issue as determined by the city's building official, subject to compliance with thel Health and Safety Code Section 17980.12 and the 2. The ADU was built on or after, January 1,2020, in: a local jurisdiction that, at thet time the ADU was built, had: ai noncompliant ADU ordinance, but the ordinance is compliant at the time ther request is  following conditions:  1. The ADU was built before January 1,2020.  made.  17.51.110. Definitions accessory dwelling units.  Forj purposes of this section, the following terms have the following meanings.  A. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (I) or more persons andi is located on al lot with aj proposed or existing primary: residence.: It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on thes same, parcel as thes single-family or multifamily dwelling is or will be situated. An  accessory dwelling unit also includes the following:  1. An efficiency unit.  2. An manufactured home, as defined in Section 18007 of thel Health and Safety Code. B. "Accessory structure" means a structure thati is accessory andi incidental to a dwelling located on the C. "Efficiency unit" has the same meaning as defined: in Section 17958.1 of thel Health and Safety Code. D. "Living area" means thei interior habitable area ofa dwelling unit, including basements and attics, but E. "Local agency" means a city, county, or city and county, whether general law or chartered.  same lot.  does not include a garage or any accessory structure.  Ordinance No. 2024- Amending Chpater 17.51 Accessory Dwelling Units.  Page 7of11    F. "Nonconforming zoning condition" means a physical improvement on aj property that does not conform G. "Passageway" means a pathway that is unobstructed clear tot thes sky and extends from as street to one (1) H. "Proposed dwelling" means ac dwelling that is thes subject ofa permit application and that meets the "Public transit" means al location, including, but not limited to, al bus stop or train station, where the public may access buses, trains, subways, and other forms oft transportation that charge set fares, run on J. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other K. "Impact fee" has the same meaning as the term' "fee" is defined in subdivision (b) of Section 66000, except thati it also includes fees specified in Section 66477. "Impact Fee" does not include any connection fee or capacity charge charged by al local agency, special district, or water corporation. L. Multiple detached dwellings on a lot in the R-2,R-3, and R-4 Zones: Al lot where there are currently multiple detached single-family dwellings is eligible for creation of one (1) ADU per lot by converting space within the proposed or existing space ofas single-family dwelling or existing structure and! by building a new detached ADU subject to certain development standards. (Government Code Section M. Multifamily dwelling under ADU law is as follows: For the purposes of state. ADUI law, a structure with two (2) or more attached dwellings on as single loti is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lota are not considered multifamily dwellings for the  with current zoning standards. entrance of the accessory dwelling unit. requirements for permitting.  fixed routes, and are available to thej public. location on al lot, lined up behind one (1) another.  66323(a)) and 2)68522,smbd-e/0AFamdB)  purposes of state ADUI law.  17.51.120 Junior accessory dwelling units.  A. Permitted one (1). junior accessory dwelling units per lot (JADU): in single-family residential zones. B. Ane administrativepermit building permit shall be required for the creation ofal JADU, and shall do all the 1. One (1). JADU per residential lot zoned for single-family residences with as single-family residence built, 2. Require owner-occupancy in thes single-family residence in which the. JADU will bej permitted. The owner may reside in either the remaining portion of thes structure ort the newly created junior accessory dwelling unit. Owner-occupancy shall not be required ift the owner is another governmental agency, land 3. Require the recordation ofa deed restriction, which shall run with the land, shall be filed with the i. Aj prohibition on the sale oft the. JADU separate from thes sale oft thes single-family: residence, including as statement that the deed restriction may be enforced against future purchasers. ii. AI restriction on thes size and attributes of the. JADU that conforms with this section. 4. Ap permitted. JADU shall be constructed within the walls of! proposed or existing single-family: residence, 5. The. JADU shall provide as separate entrance from thei main entrance to the proposed or existing single- family residence. Ifaj permitted. JADU does not include a separate bathroom, the permitted JADUshall include as separate entrance from the main entrance to thes structure, with an interior entry to the mail 6. The. JADU shall provide an efficiency kitchen, which shall include all oft the following:  following:  or proposed tol be built, on thel lot.  trust, or housing organization.  permitting agency, and shalli include both of the following.  including an attached garage.  living area.  Ordinance No. 2024- Amending Chpater 17.51. Accessory Dwelling Units.  Page 8 of11    1. A cooking facility with appliances. thej junior accessory dwelling unit.  ii. Ai food preparation counter and storage cabinets that are ofr reasonable sizei in relation to the size of  7. AJADU: shall not require additional parking as a condition to grant a permit. . JADU shall bei required to submit al building permit and pay adopted- fees ferplanning elearanee; administrative permit and maintenance fees; building fees relating toj plan checks, building permit, inspection, including thei imposition ofai feei for that inspection, to determine ift the. JADU complies with applicable D. An application for a JADU, notwithstanding State ofCalifornia Government Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or al hearing. The planning division citys shall approve or deny acten a completed application to create a. JADU within sixty (60) days from the date thel local agency receives a completed application ift there is an existing single-family dwelling on thel lot. Ifthej permit application to create al JADU is submitted with aj permit application to create ai new single-family dwelling on thel lot, the permitting agency may delay approving or denying aeting en thej permit application for the JADUuntil the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the. JADU shall still be considered ministerially without discretionary: review or al hearing. Ifthe applicant requests a delay, the 60-day time period shall be tolled for the period oft the delay. Should the application to create a JADU be denied, the city shall, within 60 days. return in writing a full set of comments to the applicant witha list ofi items that are defective or deficient and a description of how the application can be remedied. E. Fees fora a. JADU shall be established by the city council and said fees shall be, but not limited to, epeiww.we building plan check fees, building permit fees, and state: mandated fees F. For purposes of any fire or life protection ordinance or regulation, a JADU: shall not! be considered a separate orn new dwelling unit. This section shall not be construed toj prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains al JADU so long ast the ordinance or regulation applies uniformly to all single-family residences within the: zone: regardless of whether the single-family residence includesa G. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall notl be H. This section shall not be construed toj prohibit al local agency from adopting an ordinance or regulation, related toj parking OF as service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains al JADU, sol long as that ordinance or regulation applies uniformly to all single-family residences  building standards.  relating to the issuance of building permits.  JADU or not.  considered as separate ori new dwelling unit.  regardless of whether thes single-family residence includes a) JADU. 17.51.130 Definitions junior accessory dwelling unit (JADU). Forj purposes of this section, the following terms have the following meanings:  A. "Junior accessory dwelling unit" means a unit thati is no more than fivel hundred (500) square feeti in size and contained entirely within as single-family: residence. Aj junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation: facilities with the existing structure. B. "Local agency" means a city, county, or city and county, whether general law or chartered. C. Beive-amay4,2020,5aaim17980.49- was added te thel Health and SafeyCalgimmeliaely, fellewing Seton:P980.plorent For purposes of thiss section, the following terms have the following 1. "Junior accessory dwelling unit" means al unit thati is noi more than fivel hundred (500): square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing  meanings:  structure.  Ordinance No. 2024- Amending Chpater 17.51 Accessory Dwelling Units.  Page 9 of11    2. "Local agency" means a city, county, or city and county, whether general law or chartered. D. Effective. January 1,2020 Section 17980.12 was added to thel Health and Safety Code, immediately 1. 17980.12. (1). An enforcement agency, until January 1, 2030, thati issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) [abovel, ai notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice as statement that the owner of the unit has arightt to request a delay in enforcement pursuant tot this ii. The accessory dwelling unit was built on or after. January 1,2020, in al local jurisdiction that, at thet time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. ii. The owner of an accessory dwelling unit that receives ai notice to correct violations or abate nuisances as described inj paragraph (1)may, in the form and manner prescribed byt the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five (5): years on the basis that correcting the iv. Al local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofa an accessory dwelling unit or aj junior accessory dwelling unit, the correction ofay violation on the primary dwelling unit. provided that correcting the The enforcement agency shall grant an application described inj paragraph (2) if the enforcement determines that correcting the violation is not necessary toj protect health and safety. Ini making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the state fire The enforcement agency shall not approve any applications pursuant to this section on or after. January 1,2030. However, any delay that was approved by the enforcement agency before. January 1, 2030, shall be valid for the full term oft the delay that was approved at the time oft thei initial approval of the application pursuant toj paragraph (3).  following Section 17980.11, to read:  subdivision:  The accessory dwelling unit was built before. January 1,2020.  violation is noti necessary toj protect health and safety.  violation is not necessary to protect health and safety.  marshal pursuant to Section 13146.  2. For purposes oft this section, "accessory dwelling unit" has the same meaning as defined in Section 3. This section shall remain in effect only until January 1,2035, and as of that date is repealed. Ifany section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity oft the remaining portions oft this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.  66313 65852.2.  This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary ofthe Ordinance, shall be published once in ai newspaper  ofg general circulation.  IHEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council  after waiving reading, except by Title, at a regular meeting thereof held on the  day of  Ordinance No. 2024- Amending Chpater 17.51 Accessory Dwelling Units.  Page 10of11    2024, and adopted the Ordinance after the second reading at a regular  meeting held on the AYES: NOES: ABSTAIN: ABSENT:  day of  2024, by the following roll call vote:  ATTEST  CECILIA VELA, City Clerk  CITY OF ARVIN  By:  DANIEL BORRELI, Mayor  APPROVED ASTOI FORM  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  City Clerk of the City of Arvin, California, DO HEREBY  CERTIFY that the foregoing is a true and accurate copy oft the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.  Ordinance No. 2024- Amending Chpater 17.51 Accessory) Dwelling Units.  Page 11 of11    CITYOF ARVINI NOTICEOFI PUBLICE HEARING  Zoning Code Amendment: 2024- Accessory Dwelling Unit Title 172 Zoning Chapter 17.51 Accessory  Dwelling Unit CityofArvin PLANNINCECOMMISSION  Noticei is hereby givent thatt thel Planning Commission, City of Arvin, Califomia, will conduct ap public hearing, atv whicht time your may be present and bel heard, toc considera proposed zoning code amending Chapter 17.51. Accessory Dwelling! Unit and CEQA determination.  Date: November 19, 2024 Time: 6:001 PM  Place: City of Arvin City Council Chambers, 200 Campus Drive, Arvin, CA 93203 Applicant: City of Arvin, Community Development Department City Planner Location: City Wide- -Title 17: Zoning Ordinance- City of Arvin  Project Description: Zoning Codc Amendment: 2024 amends thep previous adopted Chapter 17,51 Accessory Dwelling Unit ordinance, Ordinance No. 2024-486, adopted on October 24, 2023. The proposed: zoning code amendment to Chapter 17.51 Acccssory Dwelling Unit reflects the mandated review by the State of Califomia Housing and Community Development Department. The proposed amendments to Chapter 17.51 Accessory Dwelling Unit further compliance withi newly adopted legislative amendments and responds to thes State of Califomia Department of Housing and Community Development review dated September: 23, 2024. Thej purpose oft the public hearing willl be to give citizens an opportunity to make their comments known. Ifyoua are unable toa attend the public hearing, your may direct written comments toCity ofArvin, CityClerk's Office, 200 Campus. Drive, Arvin, CAS 93203 or email to cvela@arvin.org. Int thc subject line, pleasc provide' "PUBLICCOMMENT ZONE CODE/ AMENDMENT2024- CHAPTER 17.51 ACCESSORYI DWELLINGUNIT", Allj public comments will bep provided tothe City Staffa and may ber readi intother record or compiled asp parto oft the record. Additionali information ont the proposed site development; permit, including copicsi inl hard copy or clectronic format, may be oblained from the City Clerk's office at Arvin City Hall, 200 Campus Drive, Arvin, Califomia, 93203, ort the City's website at Allp persons interested int thist topic who would liket top provide feedback ora ask questions arei invited to attend. Written comments on this matter may be submitted tot the City Clerk's office by 4:00 P.M. ont thec date of this hearing. Ify you challenge the: approval or denial of theser matters inc court, your may bel limited tor raising only those issues you or someone else vaised at the public hearing described in this notice, ori in written correspondencc delivered tot the City Clerk, at or prior to the public hcaring. Address any communications or comments regarding the project to Jeffrey Joncs, Assistant City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, Note: I you challenge the nature afthey proposed uction in court, your may bel limited to raising only these issues you ors someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the Ciry at, orp prior to, the Public This public hearing notice was posted on November 8, 2024 at thef following designated places for posting of public notices: (I) Arvin Cityl Hall/City Council Chambers; (2)A ArvinP Police Department;: and (3)Community! Development Dapmmm,ChyatAwast website at www.arvin.org: providinga a 10-day revicw, ina accordance with Govemment Code Scctions 36933, 65854, and 65090.  www.arvin.org.  cvelaarvin.org. Hearing (Govl. Code, Sec. 65009).  s/  Jeffrey Jones, Deputy Cily Clerk City of Arvin, California POSTED: November 8,2 2024    CITY OF ARVIN  October 30, 2023  MAYOR Olivia Trujillo MAYORE PRO1 TEM Daniel Borreli DonnyH Horton Susanal Reyes Juan Murillo CITY MANAGER Jeff. Jones  California Department ofHousing and 2020 West El Camino Avenue Sacramento, CA 95833  COUNCILI MEMBERS Community Development  Ref: ADU0002444 - ADU Ordinance Review City of Arvin Ordinance No. 2023-486 - Adopting Zoning Code Amendment ZCA 2023-04 to Title 17 Zoning - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51  Accessory Dwelling Units.  Please find enclosed al hard copy and electronic copy provided in a flash drive of the City of Arvin's Ordinance No. 2023-486 adopting its regulations relating to the The ordinance is submitted as required by state law. Please provide the results of your  implementation of the state ofCaliformia's ADU legislation.  review to: City of Arvin 200 Campus Drive Arvin, CA 93203 Email: jeffjones@arvin.org Regards, Rydz Jeffrey Jones  Attn: Jeffrey Jones, City Manager/Finance Director  City Manager/Finance Director Cc: Chris Soriano, City Planner Jake Raper, Consultant  Attachments: drive containing Hard copy ofOrdinance No. 2023-486  Phone (661)854-3134 Flash Fax( (661)8 854-0817 2000 Campus Drive P.O. Box5 548 Arvin, California 93203  electronic  ofOrdinance! No. 2023-486  copy    ORDINANCE NO. 2023-486  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN ADOPTING ZONING CODE AMENDMENT ZCA 2023-04 TO TITLE 17 ZONING-DELETINGH CHAPTER1751,SECTION1751.060, ADDITIONAL DWELLING UNITS AND ADDING CHAPTER 17.51 ACCESSORY WHEREAS, the City Council desires to amend' Title 17 Zoning as follows: 1. Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units = 2. Addition of Chapter 17.51 Accessory Dwelling Units WHEREAS, on September 19, 2023, at after a duly noticed public hearing, the Planning Commission considered the Proposed. Amendments, including presentations from City staff, oral adopted Resolution No. APC 2023-16, which recommended that the City Council adopt this WHEREAS, on October 10, 2023, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, provided an opportunity to receive oral and written testimony from members of the public, and introduced the  DWELLING UNITS.  Requirements.  testimony, and written testimony; and  WHEREAS, after the above-mentioned public hearing, the Planning Commission  Ordinance; and  ordinance by title only; and  WHEREAS, on October 10, 2023, the City Council introduced and conducted the first reading oft the ordinance ofthe City ofArvin, California, Zoning Code Amendment: ZCA No. 2023- 04 - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A  Notice of Exemption; and  WHEREAS, prior to the October 24, 2023, the City Clerk will submit for publication ofa public hearing notice, Notice By The Arvin City Council Of Its Intent To Adopt. An Ordinance, second reading and adoption of an ordinance of the City of Arvin, Califoria, Zoning Code Amendment ZCA No. 2023-04 Deleting Chapter 17.50, Section 17.50.060. Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept Califoria Environmental WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 17 Zoning by deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units - Requirements and adding Chapter 17.51 Accessory Dwelling Units.  Quality Act (CEQA) Al Notice of Exemption; and  NOW, THEREFORE, the City Council of the City of Arvin does hereby ordain as  follows:  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page lof13    1. Thel Recitals set forth above are true and correct and incorporated: herein. 2. Copies of the environmental document and full text of the deletion and addition to Title 17 Zoning Zoning Code. Amendment ZCA 2023-04 were made available for public inspection during public review period at the City Clerk's office and the City of Arvin Community Development Department, 141 Plumtree! Drive, Arvin, California and on the City's website. 3. Based upon its own independent judgment and substantial evidence in the record ofproceedings related to thel Proposed Ordinance amendments, the City 4, This Ordinance establishes the opportunity for the efficient review and  Council approves the Notice of Exemption. approval of accessory dwelling units.  Code. Amendments are as follows:  1. DELETE TITLE 17 ZONING, CHAPTER 17.50 MISCELLANEOUS REGULATIONS; SECTION 17.50.060 ADDITIONAL DWELLING UNITS-  REQUIREMENTS ASI FOLLOWS:  GHseMislimeskenaMAAddgeN A-Mrne------- wddHA-we---po.twe ywhahwepaiwwa minsiamefslaiaiwe-syhiane ademiammarw--AAA6eaawwr ---a.---- aw-mpeeaNw----wE twpaeasa-kn -l-lmsiaakwwwwd.--a wawwtwtgaA-w--N ipshmswlaiewyi-*-w-wwa mépmtamsefa-aa--aidaiwwe. PiRSmswhwhmutiataw C-mepmmmiriy-wwt-.e  Requirements  sehom-amiydwelire  p"ee  paw---reww-  Ond-5H92915,1965)  2. ADD CHAPTER 17.51 ACCESSORY DWELLING UNITS AS FOLLOWS:  Title 17- Zoning  Chapter 17.51 ACCESSORY DWELLINGUNITS  Ordinance Deleting Section 17.50.060 Additional Dwellings and. Adding Ch 17.51 ADU's  Page 2of13    17.51.010- Purpose and Applicability.  A. Purpose. The purpose of this chapter is to comply with Government Code Section 65852.2 (Accessory Dwelling Units), 65852.22 (Junior Accessory Dwelling Units), and 65852.26 (Sale or Conveyance of Accessory Dwelling Unit Separate from Primary Residence) as amended from time to time by the State, which provides for cities to set standards for the development ofa accessory dwellingunits (ADUS) and. Junior ADUS(JADUS): sO as to increase the supply ofsmaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the General Plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single family, homesor B. This chapter is intended to implement the City's Housing Element of the General Plan and is adopted to comply with State law (Government Code Section 65852.2 and 65852.22).by allowing ADUS through ministerial review in all districts zoned to allow single- family.multi- family, or mixed uses, subject to meeting the standards prescribed below. C. Permitted Locations. The provisions included in,this chapter are applicable to all lots that 1) are zoned to allow single-family, multi-family residential, or mixed uses; and 2) includea a A. Permit Required. An Administrative Permit in compliance with Chapter 17.05 is required B. Review and Approval - Ministerial Review. An Administrative Permit in compliance with Chapter 17.05 for an ADU shall be considered and approved ministerially without discretionaryreview, or a hearing, notwithstanding Califoria Government Code Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use I. Exception: Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the City shall not act on the ADU permit application until the City acts on the permit application for the new single-family dwelling unit: or The applicant requests a delay, in which case the sixty (60)-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application for the ADU within 60 days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved. C. ADU shall be subject to this section and under subdivision (e) of Government Code 65852.2shall not be subject to design and development standards except for those that are noted in this Chapter. ADUS that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process. Conditional Use Permit,ifthea applicant chooses to pursue this route. In this scenario. the applicant assumes time and monetary costs associated with a discretionary approval  multi-family units.  proposed or existing primary dwelling, 17.51.020 - Application Process.  for ADUS along with al Building Permit.  permits within 60 days of acceptance ofa a complete application.  process.  17.51.030 = Submittal Requirements.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch. 17.51 ADU's  Page 3of13    A. The completed application, Administrative Permit, shall be submitted to the Planning Division on an application form prepared by the City Planner and shall include the submittal requirements as defined by Chapter 17.05 (Uses Permitted Subject to Administrative Approval).Upon: approval ofthe Administrative Permit, the applicant shall submit a building.permit application. Fees for an ADU shall be established by the City Council and said fees shall be, but not limited to. Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the  issuance ofbuilding permits. 17.51.040 - Type of Accessory Dwelling Units. A. Types of Accessory Dwelling Units.  1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (I)ormore persons. Itshall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The attached ADUS shall have an exterior entrance separate from the main house. 2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, 3. Internal Conversion ADU. An ADU may be located within areas converted to  sleeping, eating, cooking, and sanitation. habitable space, such as: entrance; or exterior entrance;or  An area within an existing single-family dwelling (e.g.. attached garage) and on the same lot as the existing dwelling with a separate exterior ii, An existing accessory structure (e.g. detached garage or pool house) located ont the same lot as an existing single-family dwelling with a separate iii. Portions dfealsmmultnmizamstrns that arc not used as livablespace including but not limited to storage rooms, boiler rooms, passagcways. attics, basements, or garages, if cach unit complies with state building  standards for dwellings.  17.51.050 - Number and Types of ADUS Permitted Per Legal Parcel or Lot.  A. Lots with a Single-Family Dwelling. The following number and types of ADUS shall be allowed per lot thati is zoned to allow single-familyresidemial uses and includes sap proposed  or existing single-family dwelling. 1. One (I)attached ADU:or 2. One (I)detached. ADU;and 3. One (I)JADU (See Section 17.51.120). proposed or existing multi-family dwelling.  B. Lots with a Multi-Family Dwelling(s). The following number and types of ADUS shall be allowed perl lot that is zoned to allow multi-family residential uses and includesa  Conversion of non-livable spaces to create ADU(s). At least one (ADUwithin the portions of existing multi-family structures, firom the conversion ofnon-livable  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU's  Page40 of13    area, shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure, so long as it does not exceed 25 percent of the total number of existing dwelling units. ADUS within multi-family structures must be converted from non-livable areas and if no non-livable areas 2. Detached ADU(s). Notr more than two (2)ADUS. conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi-family residential uses and includes an existing or proposed multi-family  exist.no ADUS will be permitted.  dwelling.  17.51.060 = Development Standards. A. Site/Location Requirements.  I. Minimum Lot Size. ADUS that comply with this Chapter shall be permitted on all 3. Space Between Buildings shall be established in the applicable zone district. 1. Detached ADU. The maximum floor area ofan new construction ofa detached ADU 2. Attached ADU. The maximum floor area of an attached ADU shall not exceed 50 perçent ofthe floor area of the existing primary dwelling for an attached. ADUI but C. Height and Number of Stories. All ADUS shall comply with the minimum height D. Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The side yard setbacks listed below ensure health and safety access by emergency personnel and site visibilityat street intersections. Whereutility easements exist.should the minimum setback encroach into the easement, the setback shall be increased tol be equal to or greater than the 1. Front Yard Setbacks. All ADUS shall meet the minimum front yard setback as 2. Rear and Side Yard Setbacks shall be the minimum as listed below, except where  legally cstablished parcels, regardless of parcel size.  2. Lot Coverage. Not applicable.  B. Size and Floor Area.  is1.200s square feet.  isp permitted to be at least 800 square feet. restrictions as established in the applicable zone district.  width of the utility easement(s).  established in the applicable zone district. public utility easement(s) requires a greater setback.  Interior Side Yard Setbacks: Interior Side Yardshall be a minimum of four ii. Corner Side Yard Setback - Corner yard setback shall be six (6)f feet. iii. Interior Rear Yard Setback: Interior Rear Yard Setback shall bea aminimum iv. Comner Rear Yard Setback: Corner Rear Yard Setback for corner lot shall 3. Whenan existingstructure is converted to an ADU,and the existing structure either has no setbacks or has setbacks of less than four (4) feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks off four (4) feet from the side and rear yards. whichever is less, if the ADU is constructed in the same  (4)feet.  offour (4) feet fori interior lots. bear minimum ofsix (6) Feet.  location and to the same dimensions as the existing structure.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 5of13    . Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the Fire and Building  codes.  E. Parking Requirements.  1. One ()parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet oft the interior side yard and shall not be within six (6) feet ofa corner side yard setbacks. The four (4) foot and six (6) foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at 2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates off-street parking. The City code requires two (2)off-street parking spaçes per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two-off- street parkings spaces are required and when required one off-street parking for the ADU. Asnoted, tandem parking shall not block sidewalks or public access. 3. Exceptions. No parking shall be required for ADUS in any of the following  street intersections.  instances:  TheADUis) located within one-halfmile walking distance of public transit. ii. The ADU is located within an architecturally and historically significant ii. The ADU is part of the proposed or existing primary residence or an iv. When on-street parking permits are required but not offered to the V. There is a car share vehicle located within one (1)block ofthe ADU.  historic district. accessory structure. occupant(s) oft the ADU.  F.A Architectural Review. The construction ofnew ADUSS shall be subject to Section 17.50.130 Single-family dwellings and mobile homes Devclopen/Arehiectural Standards. G. Access and Entry. An ADU shall have a separate entry from the primary residence and H. Density Limits. An ADUthat conforms tot theordinance shall be deemed tol be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shal! not be considered in the application of any local ordinance, policy,or program  shall be from the side or rear yard.  tol limit residential growth, 17.51.070-Other Requirements. A. AvalablityoUllntues.  1. Utility Connections. ADUS may be subject to utility connections as provided 2. Private Sewage Disposal System. ADUS not serviçed by the City's wastewater system must receive clearance from the Kem County Public Health Services  herein.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page6of13    Department. The applicant shall provide clearance to the City Building Division B. Addressing, The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s), whether the ADU is an attached or detached. The address must C. Fire Sprinklers. Installation of fire sprinklers may not be required in ADUS (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For cxample, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However. if the same primary dwelling recently underwent significant alteration and is now required to have fires sprinklers, any ADU created after that alteration must be provided with fires sprinklers. (Government Code Section 65852.2, subds. (a)(I)(D)(xii) and (e)(3).) Please note, for ADUS created on lots with multifamily residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore. if the multifamily structure is served by fire sprinkiers, the ADU can be required to install fire sprinklers. For additional guidance on ADUS and fire sprinkler system requirements. please consult the Officeofthe! State Firel Marshal. Iffiresprinklers: are noti required for thep primaryresidence. then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers. D. Solar Panels. New ADUS are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non- manufactured, detached ADU (though some exceptions apply). Per the Califomia Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUS that are constructed within existings space, orasana addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to E. Flood Elevation Certification. All ADUS are required to comply with Chapter 15.32 Floodplain Management when the proposed ADU is located within the FEMA Flood Hazard area which has aone (I)percent annual chance for shallow flooding. Ifapplicable, prior to the issuance of the building permit, compliance with Section 15.32.170/C)and (D)oft the Arvin Municipal Code and prior to the issuance of the building permit, al Flood F. Building Code compliance is required for all ADUS. The Building Division will not issue final building permits for an ADU before approval of building permits for the primary G. Kern County Fire Department Clearance shall be required prior to the issuance of a H. Other Code compliance as may be applicable, such as but not limited to encroachment  prior to the issuance ofab building permit. bea assigned prior to the issuance oft the building permit.  provides solar systems.  Certification shall be provided.  dwelling.  buildingp permit for an ADU.  permits. lot mergers, lot line adjustments, etc. 17.51.080- - Occupancy, Rental, and Sale Limitations A. Owner Occupancy shall not be required for ADUS. B. Rental of ADUS shall be a minimum of 30 days.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page7of13    C. Separate Conveyance. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold byaqualified nonprofit corporation to a qualified buyer in accordance with Califomia  Govemment Code Section 65852.26v with affordability restrictions.  17.51.090- - Fee Requirements.  A. Connection Fees or Capacity Charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilitics. including water and sewer service, unless the ADU was constructed with a new single-family dwelling, Where a new ADU and new residential unit is applied for and constructed, the new ADU and new residential unit shall pay the applicable Sewer B. Impact Fecs. Impact fees shall not be imposed on an ADU that is less than 750s sf. in size. For ADUS that are greater than 750 sf. in size, impact fees charged shall be proportionate C. Permit Processing Fee. Application fees shall be as established by resolution of the City Council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. Allstate D. Monthly Charges for Sewer and Water. ADUS shall be subject to the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly utility fees for domestic water service. A. Nonconforming Conditions. Notwithstanding Chapter 17.52, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance. in relation to the ADU,may request a delay for five years in in enforcement ofal buildingstandard. as long as the violation is not a health and safety issue as determined by the City's Building Official, subject to compliance with the Health and Safety Code Section 17980.12a and the 2. The ADU was built on or after January 1,2 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is  Connection Fee in place at the time ofs submittal.  inr relation to the square footage oft the primary dwelling unit.  mandatory fees associated with building permits shall be required.  17.51.100- Conditions for Non-Conforming Uses and Structures.  following conditions:  1. The ADU was built before January 1,2020. compliant at the time the request is made.  17.51.110-1 Definitions Accessory Dwelling Units. For purposes ofthis section, the following A. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on al lot with aj 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 ormultifamily dwelling is or willl bes situated. An accessory dwelling unit also includes the b. Amanufactured! home, as defined in Section 18007 oft the Health and SafetyCode.  terms have the following meanings.  following: a. An efficiency unit.  Ordinançe Deleting Section 17.50.060. Additional Dwellings and. Adding Ch 17.51 ADU's  Page 80 of13    B. "Accessory structure" means a structure that is accessory and incidental to a dwelling C. "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and D. "Living area" means the interior habitable area ofa dwelling unit. including basements E. "Local agency"mcans a city,county,or city and county,whether general law or chartered. F. Nonconforming zoning condition" means aj physical improvement on aj property that does G. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a H. "Proposed dwelling" means a dwelling that is the subject ofa permit application and that "Public transit" means al location, including, but not limited to, al bus stop or train station, where the public may access buses, trains. subways, and other forms of transportation that J. "Tandem parking" means that (wo or more automobiles are parkedonadriveway. or in any K. "Impact Fee" has the same meaning as the term "fee" is defined in subdivision (b)of Section 66000, except that it also includes fees specified in Section 66477. "Impact Fee" does not include any connection fee or capacity charge charged byal local agency.special L. Multiple detached dwellings on a loti in the R-2,R-3, and R-4: Zones: A lot where thereare currentlymultiple detached single-family dwellings is eligible for creation ofone ADUper lot by converting space within the proposed or existing space ofa single-family dwelling ore existing structure and' by buildinga a new detached ADU subject to certain development standards. (Government Code Section 65852.2, subds. (e)(IXA)and (B).) M. Multifamily dwelling under ADUI Law is as follows: For the purposes of State ADULaw, astructure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot arenot considered multifamily dwellings for the purposes of State ADU Law.  located on the same lot. Safcty Code.  and attics, but does not include a garage or any accessory structure.  not conform with current zoning standards. street to one entrance oft the accessory dwelling unit. meets the requirements for permitting.  charge set fares, run on fixedi routes, and are available to the public. other location on a lot, lined up behind one another.  district, or water corporation.  17.51.120 - Junior Accessory Dwelling Units.  A. Permitted one (1) junior accessory dwelling units (JADU) in single-family residential B. An administrative permit shall be required for the creation ofal JADU, and shall do all the 1. One (I)JADU per residential lot zoned for single-family residences with a single- 2. Require owner-occupancy in the single-familyreidence: in which the. JADUwill be permitted. 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 another governmental agency, land trust, or housing 3. Require the recordation ofa deed restriction, which shall run with the land, shall! be filed with the permitting agency, and shall include both of the following.  zones. following:  family residence buill, or proposed tol bel built, on thel lot.  organization.  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51. ADU's  Page 9of13    - Aprohibition on the sale oft the JADU separate from the sale oft the single- family residence, including a statement that the deed restriction may be ii. AI restriction on the size and attributes oft the. JADU that conforms with this 4. A permitted JADU shall be constructed within the walls of proposed or existing 5. The. JADUshal! provideas separate entrance from the main entrance to the proposed 6. The JADU shall provide an efficiency kitchen, which shall include all of the  enforced against future purchasers.  section. single-family residence. prexisting single-family residence.  following:  . Acooking facility with appliances.  ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of thej junior accessory dwelling unit. 7. AJADUshal! not require additional parking as a condition to grant apermit. C. JADU shall be required to submit a building permit and pay adopted fees for planning clearance, Administrative Permit and Maintenance Fecs, building fees relating to plan checks, buildingpermit, inspection, including the imposition ofaf fee for that inspection, to D. An application oralADU.molwithsiming State ofCalifomia Govemment Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. be considered ministerially, without discretionary review or a hearing. The Planning Division shall act on a completed application to create a. JADU within 60 days from the date the local agency receives a completed application ifthere is an existing single- family dwelling on the lot. Ifthe permit application to create a, JADU is submitted witha permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agencya acts on the permit application to create the new single-family dwelling, but the application to create the JADUL shall still be considered ministerially without discretionary review ora hearing, Ifthe: applicant requestsac delay, the 60-day time period: shall be tolledf fort the period E. Fees for AJADU shall be established by the City Council and said fees shall be, but not limited to, Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the issuance of building permits. F. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinanceor regulation relating to fire and life protection requirements withinas single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includesaJADU G. For purposes of providing service for water, sewer, or power, including a connection fee.a H. This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or as service or a connection fee for water, sewer, or power,t that applies to a single-fàmily residence that contains a JADU, so long as that ordinance or  determine ift the JADU complies with applicable building standards.  ofthe delay.  ornot.  JADUS shall not be considered a separate or new dwellingu unit.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 10of13    regulation applies uniformly to all single- family residences regardless of whether the Section 17.51.130 Definitions Junior Accessory Dwelling Unit (JADU). For purposes of this A. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. Aj junior accessory dwelling unit mayi include separate: sanitation facilities, or mays share sanitation facilities with the existing B. "Local agencyl"means a city, county, or city and county, whether general law or chartered. C. Effective January 1,2020. Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11. to read: For purposes of this section, the a, "Junior accessory dwelling unit" means a unit that ist no more than 500 square feet in size and contained entirely within a single-family residence. AJ junior accessory dwelling unit may include separate sanitation facilitics or may share sanitation b. "Local agency" means a city, county, or city and county, whether general law or D. Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, a. 17980.12.(D)Ant enforcement: agency,until January 1,2030, that issues to an owner ofan accessory dwelling unit described in subparagraph (A)or (B) below.an notice to correct ay violation ofany provision ofa any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: The accessory dwelling unit was built before January 1,2020. ii. The accessory dwelling unit was built on or after, January 1,2020. in al local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is ii. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described inj paragraph (I)may, in the form and manner prescribed byt the enforcement agency,submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not iv. The enforcement agency shall grant an application described in paragraph (2)if the enforcement determines that correcting the violation is not neçessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire V. The enforcement agency shall not approve any applications pursuant to this section on or after January 1,2030. However, any delay that was approved  single-family residence includesa a. JADU.  section, the following terms have the followingmcanings  structure.  following terms have the following meanings:  facilities with the existing structure.  chartered.  immediately following Section 17980.11.toread:  compliant at the time the request is made.  necessary to protect health and safety.  Marshal pursuant to Section 13146.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 11 of13    by the enforcement agency before January 1,2030, shall be valid for the full term oft the delay that was approved at the time of the initial approval oft the  application pursuant to paragraph (3).  b. For purposes oft this section, "accessory dwelling unit" has the same meaning as This section shall remain in effect only until January 1,2035, and as oft that date is  defined in Section 65852.2. repealed.  Ifany section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional. by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions oft this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion oft the ordinance would bes subsequently declared invalid or unconstitutional. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary oft the Ordinance, shall be published once in a newspaper  ofg general circulation. IIII IIII IIIIII III!I IIIII IIIIII IIIIII IIIIII IIIII IIIII IIIII IIIII IIIII  Ordinance Deleting Section 17.50.060 Additional Dwellings and. Adding Ch 17.51 ADU's  Page 12 of13    IHEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by' Title, at a regular meeting thereofheld on the October 10, 2023, and adopted the Ordinance after the second reading at a regular meeting held on the October 24,  2023, by the following roll call vote:  AYES: CMI Murillo, CM Reyes, CMI Horton, MPT Borreli  NOES: ABSTAIN: ABSENT: Mayor Trujillo  ATTEST  anl  CECILIA VELA, City Clerk  CITY OF ARVIN By:  D OLIVIA TRUJILLG,Mayor  APPROVBD ASTO FORM  MA NATHAN) HODGES, City Attorney Hodges Law Group  By:  I,  City Clerk of the City of Arvin, California, DO HEREBY  CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council oft the City of Arvin on the date and by the vote indicated herein,  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU's  Page 13of13    CITY OF ARVIN  October 16, 2024  MAYOR Daniel Borreli MAYORE PRO1 TEM Susanal Reyes COUNCILI MEMBERS Donnyl Horton Juan Murillo Timl Tarver CITY MANAGER Jeff] Jones  California Department ofHousing and Community Development  Division ofHousing Policy Development 651 Bannon Street, Suite 400 Sacramento, CA 95811 (Sent USPS) David Barboza Davidhroadndcagoy Telephone: 916-907-3002 Dear Jamie Candelaria:  Attn: Jamie Candelaria, Senior Housing Accountability Manager  The City of Arvin is in receipt of the California Department of Housing and Community Development (HCD) letter, dated September 23, 2024, detailing HCD's review of the City of Arvin (City) Accessory Dwelling Unit (ADU) Ordinance No. 2023-486, adopted October 24, 2023, submitted tol HCD, received December 26, 2023. The following letter provides a written response to HCD's findings, numbered 1-21, and describes amendments to the City's ADU Ordinance to comply with State ADU and JADU law. The draft revised ADU Ordinance addressing HCD's comments is 1. Statutory Numbering - The Ordinance has been amended to refer to the correct code sections in accordance with SB 477 and as codified in Government Code, 2. Administrative Permit Process = The Ordinance has been amended to delete the requirement for an Administrative Permit and associated fees for ADUS and 3. Review Process - The Ordinance has been amended to replace phrases like "act on" with "approve or deny" and to add provisions that require the city to provide in 4. Development Standards for Statewide Exemption ADUS - The Ordinance has been amended to note that ADUS approved under Government Code Section 66323 are 5. Number and Types of ADUS Allowed - The Ordinance has been amended to allow  enclosed and referenced herein.  Title 7, Division 1, Chapter 13 (Sections 66310-66342).  JADUS.  writing a full set ofc comments where an application is denied.  not subject to conflicting development standards.  Phone (661)854-3134 Fax( (661)854-0817 2000 Campus Drive P.O. Box548 Arvin, California 93203 Page 1of3  ADUS all the  which are permissible under Government Code Section 66323.    HCD, Division of Housing Policy Development  [October 16, 2024] Page 2of3  6. Distance Between Buildings The Ordinance has been amended to note that statewide exemption ADUS approved under Government Code Section 66323 are exempt from distance between buildings requirements. The Ordinance has also been amended to cite the code sections where specific requirements for distance between buildings are located. 7. Exemption from Development Standards - The Ordinance has been amended to note the full range of development standards that certain ADUS are exempt from under Government Code 8. Height Limits - The Ordinance has been amended to specifically cite height limits in 9. Front Setbacks The Ordinance has been amended to exempt ADUS meeting the criteria of Government Code Sections 66321 and 66323 from front setback requirements. 10. Corner Lot Setbacks - The Ordinance has been amended to delete the six (6) foot side and 11. Exceptions to Parking Requirements - The Ordinance has been amended to include the exception for "When a permit application for an ADU is submitted with a permit application to create a1 new single-family dwelling or a new multifamily dwelling on the same. lot." 12. Architectural Standards - The Ordinance has been amended to remove reference to Section 17.50.130 Single-family dwellings and mobile homes = DevedopmentArahiectura. Standards and replace the language with reference to objective architectural standards. 13. ADU Entry - The Ordinance has been amended to clarify that statewide exemption ADUS are not subject to the requirement for separate entry from the side or rear yard. 14. Consistency with General Plan and Zoning - The Ordinance has been amended to state that all ADUS, not just those that conform to the Ordinance, are subject to the protections or 15. One. JADU. Per Lot - The Ordinance has been amended to replace "units" with "unit per lot." 16.. JADU Attached Garage Conversion = The Ordinance has been amended to note that an 17.JADU Entrances The Ordinance has been amended to incorporate the requirement for an interior doorway between the JADU and the main house when the JADU does not have its 18.JADU Approval or Denial = The Ordinance has been amended to replace phrases like "act on" with "approve or deny," to add provisions that require the city to provide in writing a full set of comments where an application is denied, and to clarify that the City as a whole is  Section 66321.  accordance with Government Code Section 66321(b)(4).  rear setback requirements for corner lots.  Government Code Section 66314(c).  attached garage is eligible for conversion to a. JADU.  own bathroom.  bound by the requirements as opposed to just the Planning Division.  Page 2of3    HCD, Division of Housing Policy Development  [October 16, 2024] Page 3of3  19.JADU Parking Requirements - The Ordinance has been amended to delete reference to 20. Health and Safety Code Section 17980.12 - The Ordinance has been amended to delete the first sentence of Section 17.51.130.C, which references HSC Section 17980.12. 21.Health and Safety Code Section 17980.12 - The Ordinance has been amended to include  parking in Section 17.51.120.H to avoid confusion.  HSC Section 17980.12(a)(3). Please provide the results of your review to:  City of Arvin 200 Campus Drive Arvin, CA 93203 Email: etronesarvin.org And Email: jraper@arvin.org Regards, JEffuynes Jeffrey Jones  Attn: Jeffrey Jones, City Manager/Finance Director Jake Raper, Project Coordinator/Planning Consultant  City Manager/Finance Director  Cc:  Jenna Chilingerian, Consultant lingrimdpsicazen Jake Raper, Consultant Attachments:  Draft Revised Ordinance No. 2023-486 Jamie Candelaria, Senior Housing Accountability Manager Dept HCD Letter Dated September 23, 2024.  Flash drive containing electronic copy of Draft Revised Ordinance No. 2023-486 to  Page 3 of3    STATE OF CALIFORNIA- BUSNESS_CONSUMER: SERVICES ANDHOUSINGAGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT  GAVIN NEWSOM, Governor  DIVISION OF HOUSING POLICY DEVELOPMENT 651 Bannon Street, Suite 400 Sacramento, CA 95811 (916)2632911/FAX (916)263-7453 www.hcd.ca.gov  FORRI  September 23, 2024  Chris Soriano, City Planner Community Development Department City of Arvin 200 Campus Drive Arvin, CA 93203 Dear Chris Soriano:  RE: Review of Arvin's Accessory Dwelling Unit (ADU) Ordinance under State ADU Please Note: As of March 25, 2024, with the Chaptering of Senate Bill (SB) 477 (Chapter 7, Statutes of 2024), the sections of Government Code relevant to State ADU Thank you for submitting the City of Arvin (City) accessory dwelling unit (ADU) Ordinance No. 2023-486 (Ordinance), adopted October 24, 2023, to the California Department of Housing and Community Development (HCD). The Ordinance was received on December 26, 2023. HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU and JADU Law in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings. Accordingly, the City must provide a The Ordinance addresses many statutory requirements; however, HCD finds that the 1. Statutory Numbering - The Ordinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance to refer to the correct code sections. 2. Sections 17.51.020, 17.51.030, 17.51.120.B, 17.51.120.E - Administrative Permit Process - Section 17.51.020 of the Ordinance states, "An Administrative Permit in compliance with Chapter 17.05 is required for ADUS along with a Building Permit" and it "shall be considered and approved ministerially without discretionary review or a hearing.' Section 17.51.030 of the Ordinance also makes several references to the Administrative Permit requirement. Section  Law (Gov. Code, SS 66313-66342)  and JADU Law have been re-numbered (Enclosure 1).  written response to these findings no later than October 23, 2024. Ordinance does not comply with State ADU Law as follows:    Chris Soriano, City Planner  Page 2  17.51.120.B of the Ordinance states, "An administrative permit shall be required for the creation of a JADU." Section 17.51.120.E of the Ordinance states: "Fees for a JADU shall be established by the City Council and said fees shall be, but not limited to, Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the issuance of building permits." Arvin Municipal Code (AMC) section 17.05.030 describes the required findings to approve an Administrative Permit, including: That the proposed use will be harmonious with existing structures and uses of land in However, "A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits."1 Additionally, "objective standards" are defined as: 'standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. "2 Ministerial approval must only be based on objective standards, but some of the required findings for an Administrative Permit, are not objective. The Administrative Permit process is not ministerial, it is discretionary. Therefore, the Ordinance contradicts itself when it says an Administrative Permit isr required for an ADU or JADU and the review must be ministerial. The review of an ADU or JADU application must be ministerial, but that cannot be accomplished through the current Administrative Permit process. Therefore, the City must amend the Ordinance to delete the requirement for an Administrative 3. Section 17.51.020.B.1 - Review Process - The Ordinance states, "Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the City shall not act on the ADU permit application until the City acts on the permit application for the new single-family dwelling unit; or The applicant requests a delay, in which case the sixty (60)-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application for the ADU within 60 days, and neither of the above exceptions are met, then the application for the. ADU shall be deemed approved" (emphasis added). However, Government Code section 66317, subdivision (a), uses the phrase approve or deny" instead of "act on". Additionally, "If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant." "3 State ADULaw uses the  the vicinity."  Permit and associated fees for ADUS and for. JADUS.  1Gov. Code, S 66317, subd. (a). 2 Gov. Code, S 66313, subd. (h). 3 Gov. Code, S 66317, subd. (b).    Chris Soriano, City Planner  Page 3  phrase "approve or deny" sO that local agencies refrain from other actions that could delay ADU approval beyond the timeframes established by law. The law also requires a full set of comments to reduce the likelihood that an applicant would have to resubmit an ADU application multiple times. Therefore, the City must amend the Ordinance to replace phrases like "act on" with "approve or deny" and to require a detailed set of comments in cases where an application is 4. Section 17.51.020.C- Development Standards for Statewide Exemption. ADUS- The Ordinance states, "ADU shall be subject to this section and under subdivision (e) of Government Code 65852.2 shall not be subject to design and development standards except for those that are noted in this Chapter." However, Government Code section 65852.2, subdivision (e)(1) has been renumbered. The new section states: Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following."4, and lists the four types of statewide exemption ADUS, two of which can be combined with a JADU. ADUS approved under section 66323 are not subject to development standards which conflict with section 66323. Therefore, the City must amend the Ordinance to note that ADUS approved under section 66323 are 5. Section 17.51.050 & 17.51.110.L - Number and Types of ADUS Allowed- Section 17.51.050 of the Ordinance states, "A. Lots with a Single-Family Dwelling. The following number and types of ADUS shall be allowed per lot that isz zoned to allow single-family residential uses and includes a proposed or existing single-family dwelling. 1. One (1) attached ADU: or 2. One (1) detached ADU; and 3. One (1). JADU (See Section 17.51.120)" (emphasis added). The Ordinance continues regarding lots with multifamily dwellings: Conversion of non-livable spaces to create ADU(s). At least one (1)ADU within the portions of existing multi-family structures, from the conversion of non-Livable area shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure so long as it does not exceed 25 percent of the total number of existing dwelling units. ADUS within multi-family structures must be converted from non-livable areas and if no non-livable areas exist no ADUS will be permitted" (emphasis added). Section 17.51.110.L of the Ordinance states, "A lot where there are currently multiple detached single- family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards" (emphasis added). Notwithstanding Sections 66314 to 66322, inclusive, al local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling...() The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family  denied.  not subject to conflicting development standards.  4Gov. Code, S 66323, subd. (a).    Chris Soriano, City Planner  Page 4  dwelling or existing space of a single-family dwelling or accessory structure." Paragraph (2) permits "lo]ne detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks."5 The use of the term "any" followed by an enumeration of by-right ADU types permitted means that any of these ADU types can be combined on a lot zoned for single-family dwellings. This permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setbacks pursuant to the subdivision, the local agency cannot deny the application, nor deny a permit for a This subdivision applies equally to ADUS created pursuant to Government Code section 66323, subdivisions (a)(3) and (a)(4), on lots with proposed or existing multifamily dwellings. Limiting single-family lots to one ADU would prevent property owners from creating ADUS by-right under section 66323. Limiting multifamily lots to either conversion ADUS or detached ADUS would prevent property owners from creating ADUS by-right under section 66323. The phrase "so long as" in bold above is unlawful because one multifamily conversion ADU must always be allowed in non-habitable space, despite the 25 percent calculation (i.e., if there were two or three multifamily primary units, one multifamily conversion ADU would still be allowed). The phrase "if no non-livable areas exist no ADUS will be permitted" in bold above is unlawful because two multifamily detached ADUS would still be permissible in the scenario described. Therefore, the City must amend the Ordinance to allow all the ADUS which are 6. Section 17.51.060.A.3 - Distance Between Buildings - The Ordinance states, "Space Between Buildings shall be established in the applicable zone district." However, Government Code section 66323, subdivision (a), prohibits the application of conflicting development standards to statewide exemption ADUS. For other ADUS, the distance between buildings requirements may be applied, but those requirements are not specifically cited in the Ordinance, which creates confusion for people who are unfamiliar with the City's zoning code. Therefore, the City must amend the Ordinance to note that statewide exemption ADUS approved under section 66323 are exempt from distance between buildings requirements. The City should also amend the Ordinance to cite the code sections where the specific requirements for distance between buildings are  JADU under this section.  permissible under Government Code section 66323.  located.  5( Gov. Code, S 66323, subds. (a)(1)- (a)(2).    Chris Soriano, City Planner  Page 5  7. Section 1751.0082-Exempion from Development Standards - The Ordinance states, "The maximum floor area of an attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling for an attached ADU but is permitted to be at least 800 square feet." However, a local agency shall not establish by ordinance, "Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. "6 The quoted section of the Ordinance is correct. However, Government Code section 66321, subdivision (b)(3) exempts certain ADUS from more than just a maximum size based on a percentage of lot area. Therefore, the Ordinance should be amended to note the full range of development standards 8. Section 17.51.060.C- Height Limits - The Ordinance states, "All ADUS shall comply with the minimum height restrictions as established in. the applicable zone district." However, a local agency shall not establish, "Any height limitation that does not allow at least the following, as applicable.. "7 and lists four different scenarios with different ADU height limits. Additionally, "No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section." "8 The Ordinance does not state what the applicable ADU height limits are, nor does it cite the code sections where the height limits are listed. Therefore, the City must amend the Ordinance to specifically cite the code sections with all the referenced height limits and if any oft them are more restrictive than those allowed by Government Code section 66321, subdivision (b)(4), the City must also amend the Ordinance to comply 9. Section 17.51.060.D.1 - Front Setbacks - The Ordinance states, "All ADUS shall meet the minimum front yard setback as established in the applicable zone district." However, Government Code sections 66321, subdivision (b)(3) and Government Code section 66323, subdivision (a), require local agencies to approve ADUS regardless of front setback requirements, when certain conditions are met. The Ordinance does not make the required exceptions from front setback requirements. Therefore, the City must amend the Ordinance to exempt ADUS meeting the criteria of sections 66321 and 66323 from front setback  that certain ADUS are exempt from under section 66321.  with subdivision (b)(4).  requirements.  6Gov. Code, S 66321, subd. (b)(3). 70 Gov. Code, S 66321, subd. (b)(4). 8 Gov. Code, S 66317, subd. (c).    Chris Soriano, City Planner  Page 6  10.Section 17.51.060.D.2- Corner Lot Setbacks - The Ordinance states that, "Corner yard setback shall be six (6) feet" and "Corner Rear Yard Setback for corner lot shall be a minimum of six (6) Feet." However, "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 ort to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure." "9 State ADU Law does not allow local agencies to impose side or rear setback requirements greater than four feet on lots inland of the Coastal Zone. Therefore, the City must amend the Ordinance to delete the six-foot side and rear setback requirements 11.Section 17.51.060.E.3 = Exceptions to Parking Requirements - The Ordinance states, "No parking shall be required for ADUS in any of the following instances:" and lists five instances. However, parking requirements are prohibited "When a permit application for an accessory dwelling unit is submitted with a permit application to create a new: single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. "10 The Ordinance lacks this exception. Therefore, the City must amend the Ordinance to add the exception from parking 12.Section 17.51.060.F- - Architectural Standards - The Ordinance states, "The construction of new. ADUS shall be subject to Section 17.50.130 Single-family dwellings and mobile homes Devefopmen/Archiecural Standards." AMC section 17.50.130 includes standards for roof overhangs, roofing materials, roof pitch, siding material, minimum square footage, foundations, and deviations. However, "The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit." "11 Additionally, an ADU may include an "efficiency unit" as defined in Health and Safety Code section 17985.1.12 The standards on roof overhangs, materials, pitch, and siding material would be problematic in a case where an applicant was attempting to permit a nonconforming ADU which meets safety standards, since the Ordinance does not make this exception. The Ordinance's application of a minimum square footage of 775 square feet to ADUS would preclude certain efficiency units that must be allowed, and which may be  for corner lots.  requirements cited in this paragraph.  9Gov. Code, S 66314, subd. (d)(7). 10 Gov. Code, S 66322, subd. (a)(6). 11 Gov. Code, S 66322, subd. (b). 12 Gov. Code, S 66313, subd. (a)(1).    Chris Soriano, City Planner  Page7  as small as 150 square feet. Therefore, the City must amend the Ordinance to 1) note the exception from development standards cited in this paragraph and 2) exempt ADUS from the minimum floor area of 775 square feet. 13.Section 17.51.060.G- - ADU Entry - The Ordinance states, "An ADU shall have a separate entry from the primary residence and shall be from the side or rear yard." However, Government Code section 66323, subdivision (a), exempts statewide exemption ADUS from conflicting development standards. The Ordinance fails to note this exception. Therefore, the City must amend the Ordinance to clarify that statewide exemption ADUS are not subject to this 14.Section 17.51.060.H- Consistency with General Plan and Zoning The Ordinance states: "An ADU that conforms to the ordinance shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance. policy, or program to limit residential growth" (emphasis added). Government Code section 66314, subdivision (c) states an ADU ordinance shall: "Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot." State ADU Law makes it clear that subdivision (c) applies to all ADUS, not just conforming ADUS. As noted above, Government Code section 66322, subdivision (b) requires local agencies to approve nonconforming ADUS that do not present a threat to public health and safety. Therefore, the City must amend the Ordinance to state that all ADUS, not just those that conform to the Ordinance, are subject to the protections of 15.Section 17.51.120 - One JADU Per Lot - The Ordinance permits,"..one (1) junior accessory dwelling units (JADU) in single-family residential zones" (emphasis added). However, a JADU ordinance shall, "Limit the number ofj junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot."13 In a probable typo, the Ordinance uses the plural "units" after correctly noting the limit of one JADU ("per residential lot" appears directly below in the Ordinance), which could create confusion in the context of the quoted sentence. Therefore, the City should correct the Ordinance to replace units" with "unit per  requirement.  Government Code section 66314, subdivision (c).  lot."  13 Gov. Code, S 66333, subd. (a).    Chris Soriano, City Planner  Page 8  16.Section 17.51.120.B.4- - JADU. Attached Garage Conversion - The Ordinance states, "A permitted JADU shall be constructed within the walls of proposed or existing single-family residence." However, a JADU ordinance shall, "Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence." "14 The Ordinance omits the important sentence about an attached garage being eligible for conversion to aJADU. Therefore, the City must amend the Ordinance to note that an attached 17.Section 17.51.120.B.5 - JADU Entrances - The Ordinance states, "The JADU shall provide a separate entrance from the main entrance to the proposed or existing single-family residence." However, a JADU ordinance shall also include the requirement that "If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area."15 The Ordinance is silent on this issue. Therefore, the City must amend the Ordinance to incorporate the requirement for an interior doorway between the JADU and the main house when the JADU does 18. Section 17.51.120.D - JADU Approval or Denial - The Ordinance states, "The Planning Division shall act on a completed application to create a JADU within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADU shall still be considered ministerially without discretionary review or a hearing." However, "The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing"16 (emphasis added). Additionally, "Ifa permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period  garage is eligible for conversion to a JADU.  not have its own bathroom.  14 Gov. Code, S 66333, subd. (d). 15 Gov. Code, S 66333, subd. (e)(2). 16 Gov. Code, S 66335, subd. (a)(2)-(a)(3).    Chris Soriano, City Planner  Page 9  described in subdivision (a), retum in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant."17 State law requires the permitting agency to approve or deny the application, but the Ordinance uses the more ambiguous and misleading phrases "act on," "acting on" and "acts on" instead. The Ordinance is silent on the requirement to provide a full set of detailed comments necessary to remedy the application if the application is denied. The Ordinance states that the Planning Division must act on the application, but all City departments must review the application concurrently within the timeframes specified in section 66335. For example, the Planning Division may not take the entire allotted time to approve or deny and then pass the application on Building and Safety. Therefore, the City must amend the Ordinance to 1) replace the three inaccuracies of "act on" with "approve or deny", 2)re require a full set of detailed comments necessary to remedy the application in case of denial and 3) clarify that the City as a whole, is bound by the requirements of subdivision (c), as opposed to just the Planning Division. 19.Section 17.51.120.H - JADU Parking Requirements - The Ordinance states, "This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, SO long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a JADU" (emphasis added). However, "This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single- family residence that contains a junior accessory dwelling unit, SO long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit." "18 State ADULaw amended by SB 897 (Chapter 664, Statutes of 2022), effective January 1, 2023 no longer includes parking. The only remaining part of State JADU Law that mentions parking states, "An ordinance shall not require additional parking as a condition to grant a permit." - Allowing the reference to parking to remain here will create confusion about the applicability of parking requirements in the zoning code that conflict with State JADULaw. Therefore, the City must amend the Ordinance to delete the reference to parking 20.Section 17.51.130.C - Health and Safety Code (HSC) Section 17980.12 - The Ordinance states, "Effective January 1, 2020, Section 17980.12 was added to the Health and Safety Code immediately following Section 17980.11. to read: For purposes of this section, the following terms have the following meanings." and then goes on to define "junior accessory dwelling unit" and "local agency." Government Code section 66313 contains these definitions, not HSC section  in section 17.51.120.H.  17 Gov. Code, S 66335, subd. (b). 18 Gov. Code, S 66338, subd. (b).    Chris Soriano, City Planner  Page 10  17980.12. Additionally, Ordinance section 17.51.130.D addresses HSC section 17980.12 in detail, starting by repeating the first sentence quoted above. The reference to HSC 17980.12 in section 17.51.130.C creates confusion. Therefore, the City should amend the Ordinance to delete the first sentence, which 21.Section 17.51.130.D - HSC Section 17980.12-1 The Ordinance reprints extended portions of HSC section 17980.12 here, regarding a five-year delay in code enforcement for certain ADUS. However, HSC Section 17980.12, subdivision (a)(3) states, "AI local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety." The City has omitted subdivision (a)(3) from the Ordinance. It is either necessary to include HSC section 17980.12 in its entirety int the Ordinance or provide a reference to this imperative section. The City must  references HSC section 17980.12.  amend the Ordinance accordingly to reflect the law.  Please note that the City has two options in response to this letter. 19 The City can either amend the Ordinance to comply with State ADU Law20 or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD's findings. 21 If the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law.22 HCD appreciates the City efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law. Please feel free to contact David Barboza, of our staff, at (916) 907-3002 or at  aidbatogadhedcaso.  Sincerely, gamà Jamie Candelaria  Candelaria  Senior Housing Accountability Manager Housing Policy Development Division  19 Gov. Code, S 66326, subd. (c)(1). 20 Gov. Code, S 66326, subd. (b)(2)(A). 21 Gov. Code, S 66326, subd. (b)(2)(B). 22 Gov. Code, S 66326, subd. (c)(1).    State ADUIJADU Law Statutory Conversion Table  New Government Code Sections  Previous Government Code Sections  Article 1. General Provisions  66310 66311 66312 66313  65852.150 (a) 65852.150 (b) 65852.150 (c) General Definition Section 65852.2 () 65852.22 () 65852.2 (a)(8) 65852.2 (a)(6) 65852.2 (a)(3), (a)(7) 65852.2 (a)(9), 65852.2 (a)(2) 65852.2 (a)(10) 65852.2 (b) 65852.2 (c) 65852.2 (d) 65852.2 (e) 65852.2 () 65852.2 (g) 65852.2 (h) 65852.2 () 65852.2 (k) 65852.2 () 65852.2 (m) 65852.2 (n) 65852.23. 65852.22 (a) 65852.22 (b) 65852.22 (c) 65852.22 (d) 65852.22 (e) 65852.22 (f)-(g) 65852.22 (h) 65852.26 (b) 65852.26 (a) 65852.2 (a)(10)  Article 2. Accessory Dwelling Unit Approvals  66314 66315 66316 66317 66318 66319 66320 66321 66322 66323 66324 66325 66326 66327 66328 66329 66330 66331 66332 66333 66334 66335 66336 66337 66338 66339 66340 66341 66342  65852.2(a)1)A), (D)(i)-(xii), (a)(4)-(5)  Article 3. Junior Accessory Dwelling Units  Article 4. Accessory Dwelling Unit Sales    Title: 17-ZONING*  Chapter 17.51 ACCESSORY DWELLING UNITS  Chapter 17.51 ACCESSORY DWELLING UNITS  Sections:  17.51.010 Purpose and applicability.  A. Purpose. Thep purpose of this chapter is to comply with Government Code Section 66310-66342 (Accessory Dwelling Units) 658522HAcessowyDwegUA.P8222MOPAceaNYOwelgUnigand 65852.264 SaleorConveyaneeotAseessoyDwelngUniSeparatefromPAmay-Residenee)as amended from time tot time byt the State, which provides for cities to set standards for the development ofa accessory dwelling units (ADUS) and. Junior ADUS (JADUS) so as to increase the supply ofs smaller and affordablel housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be ar residential use, consistent with the general plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow singlet family, homes B. This chapter isi intended toi implement the city's housing element of the general plan and is adopted to comply withs statel law (Government Code Section 66314-66339 558522am46585222, by allowing ADUS through ministerial review in all districts zoned to allow single- family, multi-family, or mixed uses, subject to Permitted locations. The provisions included int this chapter are applicable to all lots that 1) are zoned to allow single-family, multi-family residential, or mixed uses; and 2)i include a proposed or existing primary  orr multi-family units.  meeting the standards prescribed below.  dwelling.  17.51.020 Application process. ADUS OREMIRAMNAEPeN  A. Permit required. An Administraltive-PermiicomPianewAth-Chapter1705 Building Permit is required for B. Review and approval-minsterial. review. An dminsitvePeEPEREWARCNAChaPleF1A0HOFaA ADU Building Permit shall be considered and approved ministerially without discretionary review ora hearing, notwithstanding California Government Code Sections 65901 or 65906 or any! local ordinance regulating thei issuance of variances or special use permits within sixty (60) days of acceptance ofa complete 1. Exception: Should thep permit application to create an ADUI be submitted concurrently with a permit application to create a new: single-family dwelling on thel lot, in which case the city shall not approve or deny acton the ADU permit application until the city actson approves or denies the permit application fort ther new: single-family dwelling unit; ort the applicant requests a delay, iny which case the 60-dayt time period shall be tolled fort they period of the delay. If the city has not acted upen approved or denied the completed: application for the ADU within sixty (60) days, and neither oft the above exceptions are met, 2. Application Remediation: Should the permit application to create an ADUI be denied, the citys shall, within 60 days, return iny writingaf full set of comments to the applicant with al list of items that are defective or deficient and a description of how the application can be remedied. ADU shall be subject to this section and under subdivision (e) (a) of Government Code Section 66323 65852.2 shall not be subject to design and development standards except for those that are notedi int this chapter.  application.  then the application for the ADUS shall be deemed approved.  Arvin, California, Code of Ordinances (Supp. No.9)  Created: 2024-10-09 14:36:13 [EST]  Page 1of10    ADUS that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process, conditional use permit, ift the applicant chooses to pursue this route. Int this scenario, the applicant assumes time andr monetary costs associated with a discretionary  approval process.  17.51.030 Submittal requirements.  A. The completed Building Permit application, administrativepermi, shall be submitted to the planning building division on an application form prepared by the Building Official city-planner and shalli include the submittal requirements. dadydhpGSwA-AAAMMMeAPeaA Vpmapposialle-sdmawsNmspison Fees for an ADUshall be established byt the city council ands said fees shall be, but not limited to, administrative permitappleation, building plan check fees, building permit fees, and: state mandated fees relating to the  issuance of building permits.  17.51.040 Type of accessory dwelling units. A. Types of accessory dwelling units.  1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent livingf facilities for one (1) or more persons. It shalli include permanent provisions for living, sleeping, eating, cooking, ands sanitation. The attached. ADU shall have an exterior entrance separate from the main house. 2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on thes same lot as the proposed or existing primary dwelling, which provides completei independent livingf facilities for one (1) or more persons. It shalli include permanent 3. Internal conversion ADU. An ADU may! bel located within areas converted tol habitable space, such as:  provisions for living, sleeping, eating, cooking, and sanitation.  An area within an existing single-family dwelling (e.g., attached garage) and ont the same lot as ii. Ane existing accessory: structure (e.g., detached garage or pool house) located on the same lot as iii. Portions ofe existing multi-family: structures that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, ife each unit  the existing dwelling with a separate exterior entrance; or an existing single-family dwelling with a separate exterior entrance; or  complies with state! building standards for dwellings.  17.51.050 Number and types of ADUS permitted per legal parcel or lot.  A. Lots with a single-family dwelling. Thet following number and types of ADUS shall be allowed perl lott that is zoned to allow single-family residential uses and includes ap proposed or existing single-family dwelling.  1. One (1) attached ADU; OF 2. One (1) detached. ADU; and 3. One (1). JADU (See! Section 17.51.120).  B. Lots with ar multi-family dwelling(s). Thei following number and types of ADUS shall be allowed per lot thati is zoned to allow multi-family residential uses andi includes a proposed ore existing multi-family dwelling.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No. 9)  Page 2of10    Converted, ADUS. Converted ADUS are allowed within portions of an existing multi-family dwelling that arer not used as livable space; at least one (1)interior ADU conversion and upt to twenty-five/25) percent of thet total number of dwelling units are permitted. COnveEsOnOFmOP-NaDesPAtESoeeNe ADWA-AHIestOmeAPVaMepataemwysivdwe,fomihe conversionofmon-lwaeareidhalbeaiowedperietsseReteaNowm.-smiyresidenta esamdiandudsaneainenawEaNeS) percentofthetotalumberofesslngweliguns-ADVEwAMAHSRIPcluresmustse converted-Romnon-ablearessans/ASADUwwibepermited: 2. Detached. ADU(s). Not more thant two (2) ADUS, conversion of existing accessory structures and/or new construction, that are located on al lot thati isz zoned to allow multi-family residential uses andi includes  an existing or proposed multi-family dwelling.  17.51.060 Development standards. A. Site/location requirements.  1. Minimum lot size. ADUS that comply with this chapter shall be permitted on all legallye established  parcels, regardless of parcel size. 2. Lot coverage. Not applicable. (R-3) for standards).  3. Except for ADUS approved under Government Code Section 66323, space between buildings shall be established in the applicable zone district (see Section 1708110/841.1710090. (R-2),and 17.12.090  B. Size and floor area.  1. Detached ADU. The maximum floor area ofa a new construction ofa a detached ADUI is one thousand two 2. Attached ADU. The maximum floor area of an attached ADU shall not exceed fifty (50) percent of the floor area of thee existing primary dwelling for an attached ADU or 1,200 square feet, whichever is less. These limits dor not include up to 150 square feet of area added to the primary dwelling for purpose of providing ingress and egress to the ADU bwtispemitediobestihumdeed80squareleet. Height andumberofsteriesE-AADURasiOmpwAhRemAmmheMreAclensasesabisnen 1. Attached ADUS. The height of the existing or multi-family dwelling or twenty-five (25) feet, whichever is  hundred (1,200) square feet.  eapplaseemedae: The maximum height shall be as follows.  lower. 2. Detached ADUS.  Sixteen (16) feet; or  Eighteen (18) feet ift the lot is within one-half (1/2) mile walking distance ofar major transit stop or high-qualityt transit corridor, as defined in Public Resources Code Section 21155.1 The maximum height may be increased by an additional two (2) feet, to twenty (20) feet maximum, for the i. Eighteen (18) feet if the lot! has an existing or proposed multi-family, multi-story dwelling.  purpose of accommodating roof pitch with the primary dwelling.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No. 9)  Page 3of1 10    D. Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility ats street and alleyi intersections. The side yard: setbacks listed below ensure health and safety access bye emergency personnel ands site visibility at street intersections. Where utility easements exist, should the minimum setback encroach into the easement, thes setback shall be increased to be equal to 1. Front yard setbacks. AIIA ADUS shall meet the minimum front yard setback as established ini the applicable zone district,provided thes setbacks do not preclude the construction of an up to 800 square 2. Rear ands sidey yard setbacks shall bet ther minimum as listed below, except where public utility  or greater than the width oft the utility easement(s).  foot ADUthat meets the provisions of Government Code Section 66323.  easement(s) requires a greater setback.  Interior side yard setbacks: Interior sidey yard: shall be a minimum of four (4) feet. H. ComersideyerdsetbaeHhalbesHCHeet: lii. Interior rear yard setback: Interior Rear yard setback shall be a minimum of four (4) feet for iv. CemerreryardsethadketaeNANNAmumdH 3. When ane existing structurei is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four (4)f feet, then the ADU shall maintain the same setbacks as thee existing structure or setbacks off four (4) feet from thes side and rear yards, whichever is less, ift the ADUis constructed int thes same location and to thes same dimensions as the existing structure. i. Conversion ofe existing structures to an ADU not meeting ther minimum setbacks shall be designed  interior lots. feet.  and/or retrofitted to meet the fire and building codes.  E. Parking requirements.  1. One (1) parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway wheret the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not bev within four (4) feet of thei interior side yard and shall not be within six (6) feet ofa corner side yard setbacks. Thet four (4) foot and six (6)f foot non-parking areas are to ensure health and safety access bye emergency personnel and site visibility at street intersections. 2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parkingi is not required. Off-street parking may be within thet front yard setback area andi may be designed as tandem parking or other design that accommodates off-street parking. The city code requires two (2) off-street parking spaces per dwelling unit but does notr require garages nor carports for off-street parking. Therefore, two-off- street parking spaces are required and when required one (1) off-street parking for the ADU. As noted,  tandem parking shall not block sidewalks or public access.  3. Exceptions. No parking shall be required for ADUS in any of thef following instances: i. The ADU is located within one-half mile walking distance of public transit. ii. The ADU is located within an architecturally and historically: significant historic district. iii. The ADU is part of the proposed or existing primary residence or an accessory: structure. iv. When on-street parking permits are required butr not offered to the occupant(s) of the ADU. vi. When aj permit application for an ADUis submitted with a permit application to createar new  V. Therei is a car share vehicle located within one (1) block oft the ADU. single-family dwelling or ar new multi-family dwelling ont thes same lot.  Page 4 of10    F. Architectural review. heconstctionofnewAPUAhabesuwesubettosetonisgleamly aelinganémalieheme-aPwdADUN shall havet the same exterior finish materials and rooff form as the existing or proposed single-family or multi-family dwelling ont the G. Access and entry. Except for ADUS approved under Government Code Section 66323, an ADUS shall have a H. Density limits. AMADVANEemformstetneordimanceAl ADUS shall be deemed to be an accessory use or accessory building ands shall not be considered to exceed the allowable density for thel lot upon whichi itis located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for thel lot. The ADUS shall not be considered int the application of any! local  parcel.  separate entryf from the primary residence and shall be from the side or rear yard.  ordinance, policy, or program to limit residential growth.  17.51.070 Other requirements. A. Availability of utilities.  1. Utility connections. ADUS may be subject to utility connections as provided herein. 2. Private sewage disposal system. ADUS not serviced byt the city'swastewater: system must receive clearance from the Kern County Public Health Services Department. The applicant shall provide clearance tot the city building division prior to thei issuance of al building permit. B. Addressing. The ADU shall ber required to apply for and payt thea adopted addressing feet for the proposed ADU(s), whether the ADUI is an attached or detached. The address must be assigned prior to thei issuance of Fire sprinklers. Installation off fire: sprinklers may not be required in ADUS (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. Fore example, a detached. single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at thet time. However, ift the same primary dwelling recently underwent significant alteration andi is now required tol have fires sprinklers, any ADU created after that alteration must bep provided with fire sprinklers. (Government Code Section 66314(d)/(12) and 66323(c)) 558522,wb4s-910019HPAanseeH Please note, for ADUS created on lots with multifamily residential structures, the entire residential structure shall serve as the' "primary residence" fort the purposes of this analysis. Therefore, ift ther multifamilys structure iss served byf fires sprinklers, the ADU can ber required to install fires sprinklers. Fora additional guidance on ADUS and fire sprinkler system requirements, please consult the office of the state fire marshal. Iff fire sprinklers are not required for the primaryresidence, theni installation oft fire sprinklers is not required in an ADU. However, ift the primary residence undergoes significant remodeling andi is required toi install fires sprinklers, an ADU created after ther remodel would also be required D. Solar panels. New ADUS are: subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems ift the unit(s)i is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), thes solar systems can be installed on the ADU or on the primary dwelling unit. ADUS that are constructed within existing space, oras an addition to existing homes, including detached additions where an existing detached building is converted from non-residential tor residential space, are not subject to the Energy Code requirement to provide: solar E. Flood elevation certification. All ADUS are required to comply with Chapter 15.32 Floodplain Management when the proposed. ADU is located within the FEMA Flood Hazard area which has a one (1) percent annual chance for shallow flooding. Ifa applicable, prior to the issuance oft the! building permit, compliance with Section 15.32.170(C) and (D) of the Arvin Municipal Code and prior to thei issuance oft thel building permit, a  thel building permit.  toi install fire sprinklers.  systems.  flood certification shall be provided.  Page! 5 of10    F. Building code compliance is required for all ADUS. Thel building division will not issue final building permits G. Kern County Fire Department Clearance shall be required prior to thei issuance ofal building permit for an H. Other code compliance as may be applicable, such as but notl limited to encroachment permits, lot mergers,  for an ADUI before approval of building permits for the primary dwelling.  ADU.  lot line adjustments, etc.  17.51.080 Occupancy, rental, and sale limitations. A. Owner occupancy shall not be required for ADUS. B. Rental of ADUS shall be a minimum of thirty (30) days.  Separate conveyance. An ADU may ber rented separate from thep primary residence but may not be: sold or otherwise conveyed separate from thep primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 66340-66342  65852.26with: affordability restrictions. 17.51.090 Fee requirements.  A. Connection fees or capacity charges. An ADUS shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water ands sewer service, unless the ADU was constructed with a new: single-family dwelling. Where a new ADU and new residential unit is applied for and constructed, ther new ADU and new residential unit shall pay the applicable sewer B. Impact fees. Impact fees shall not bei imposed on an ADU thati is less than seven hundred fifty (750) square feeti in size. For ADUS that are greater than seven hundred fifty( (750) square feet in size, impact fees charged shall be proportionate in relation tot thes square footage of the primary dwelling unit. Permit processing fee. Application fees shall be as established by resolution of the city council fort the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall ber required. All state mandatory fees associated with building D. Monthly charges for sewer and water. ADUS shall be subject tot the monthly utilityf fees for wastewater. Water servicei is provided by Arvin Community Services District and as such an ADU mayl be subject to the  connection feei inj place at thet time of submittal.  permits shall be required.  monthly utilityf fees for domestic water service.  17.51.100 Conditions for non-conforming uses and structures.  A. Nonconforming conditions. Notwithstanding Chapter 17.52, tot the contrary, an owner of an ADUt that receives ar notice to correct violations or abate nuisance, inr relation tot the ADU, may request a delay for five (5) years ini in enforcement of al building standard, as long as the violation is not al health and safetyi issue as determined by the city's building official, subject to compliance with the Health and Safety Code Section 2. The ADU was built on or after. January 1, 2020, ina al local jurisdiction that, at thet time the ADU was built, hada ar noncompliant ADU ordinance, butt the ordinance is compliant at the time the request is  17980.12 and thei following conditions: 1. The ADU was built before. January 1, 2020.  made.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9)  Page 6of10    17.51.110 Definitions accessory dwelling units.  For purposes of this section, thei following terms have thet following meanings.  A. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons andi is located on al lot witha proposed or existing primary residence. Its shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on thes same parcel as thes single-family or multifamily dwelling is or will  be situated. An accessory dwelling unit alsoi includes thet following:  1. An efficiency unit.  2. Amanufactured home, as defined in Section 18007 of the Health and Safety Code. B. "Accessory: structure" means as structure that is accessory: andi incidental to a dwelling located on the "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code. D. "Living area" means thei interior habitable area ofa a dwelling unit, including basements and attics, but E. "Local agency" means a city, county, or city and county, whether general law or chartered. F. "Nonconforming: zoning condition" means a physical improvement on a property that does not G. "Passageway" means ap pathway thati is unobstructed clear to thes sky and extends from as street to one H. "Proposed dwelling" means a dwelling that ist thes subject of a permit application and that meets the "Public transit" means al location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run "Tandem parking" means that two (2) or more automobiles are parked on a driveway ori in any other K. "Impact fee" has thes same meaning as thet term' "fee" is defined in subdivision (b) of Section 66000, except that it alsoi includes fees specified in Section 66477. "Impact Fee" does not include any connection fee or capacity charge charged by al local agency, special district, or water corporation. Multiple detached dwellings on al loti int the R-2, R-3, and R-4 Zones: Al lot where there are currently multiple detached: single-family dwellings is eligible for creation of one (1) ADU per lot by converting space within the proposed or existing space ofas single-family dwelling or existing structure and by buildinga ar new detached ADU subject to certain development standards. (Government Code Section M. Multifamily dwelling under ADU lawi is as follows: For the purposes ofs state ADUI law, a structure with two (2) or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached: single-unit dwellings on thes samel lot are not considered multifamily dwellings for  same lot.  does not include a garage or any accessory: structure.  conform with current zoning standards. (1) entrance of the accessory dwelling unit. requirements for permitting.  on fixed routes, and are available tot thep public. location on al lot, lined up behind one (1) another.  66323(a)(1) and 21658522/swbd5s-te/0HAam48M  the purposes of state ADUI law.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9)  Page 7of10    17.51.120 Junior accessory dwelling units.  A. Permitted one (1) junior accessory dwelling units-per lot (JADU) in single-family residential: zones. B. An administrativeperit: building permit shall be required for the creation ofa a. JADU, ands shall do all the 1. One (1). JADU per residential lot zoned for single-family residences with a single-family residence built, 2. Require owner-occupancy int thes single-family residence in which the JADU willl be permitted. The owner may residei ine either ther remaining portion of thes structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental 3. Require the recordation of a deed restriction, which shall run with thel land, shall bet filed witht the  following:  or proposed to bel built, on thel lot.  agency, land trust, or housing organization.  permitting agency, and shalli include both of thet following.  A prohibition ont thes sale oft the. JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. ii. Arestriction on1 the size and attributes of the JADU that conforms with this section. 4. Ap permitted. JADU shall be constructed within the walls of proposed or existing single-family residence, 5. The JADU: shall provide as separate entrance from ther main entrance to the proposed or existing single- family residence. Ifa permitted. JADU does noti include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entryt to the mail  including an attached garage.  living area.  6. The. JADU shall provide an efficiency kitchen, which: shalli include all of the following:  i. Ad cooking facility with appliances. oft thej junior accessory dwelling unit.  ii. Af food preparation counter and storage cabinets that are of reasonable. sizei in relation to the size  7. AJ JADUS shall not require additional parking as a condition to grant a permit. JADU shall be required to submit al building permit and pay adopted- fees-for planning clearance, dminsatvepermitansemantelee, building fees relating to plan checks, building permit, inspection, including thei imposition ofaf feet for thati inspection, to determine if the. JADU complies with D. Ana application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating thei issuance of variances or special use permits, be considered ministerially, without discretionary review or al hearing. The planning.divisien: citys shall approve or deny actona completed application to create aJ JADU within sixty (60) days from the date thel local agency receivesa completed application ift there is an existing single-family dwelling on thel lot. Ift the permit application to create a. JADU is submitted with a permit application to create a new: single-family dwelling on the lot, the permitting agency may delay approving or denying actingon the permit application for the. JADU until the permitting: agency acts on the permit application to create ther new: single-family dwelling, but the application to create the. JADU shall still be considered ministerially without discretionary review or a hearing. Ift the applicant requests a delay, the 60-day time period shall bet tolled for the period of the delay. Should the application to create a JADU be denied, the city shall, within 60 days, return iny writing a full set of comments  applicable building standards.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No. 9)  Page 8of10    to the applicant with al list of items that are defective or deficient and a description of how the application E. Fees fora a. JADU'shall be established by the city council and saidf fees shall be, but not limited to, MAePNeN building plan check fees, building permit fees, and state mandated fees F. For purposes of any fire or lifep protection ordinance or regulation, aJ JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local publice entity from adopting an ordinance or regulation relating tot fire andl life protection requirements within a single-family residence that contains al JADU: so long as the ordinance or regulation applies uniformly to all: single-family residences within thez zone regardless of whether the single-family residence includes: a G. For purposes of providing service for water, sewer, or power, including a connection fee, a. JADU shall not be H. This section shall not be construed to prohibit al local agency from adopting an ordinance or regulation, related to parking OF as service or a connection feei for water, sewer, or power, that applies to a single-family residence that contains a. JADU, sol long as that ordinance or regulation applies uniformly to all single-family  can be remedied.  relating to thei issuance of building permits.  JADU or not.  considered as separate or new dwelling unit.  residences regardless of whether thes single-family residence includes a. JADU. 17.51.130 Definitions junior accessory dwelling unit (JADU). Forp purposes oft this section, the followingt terms have thei following meanings:  A. "Junior accessory dwelling unit" means a unit that isr no moret than five hundred (500): square feet in size and contained entirely within as single-family residence. Aj junior accessory dwelling unit may include separate sanitation facilities, or mays share sanitation facilities with the existing structure. B. "Local agency" means a city, county, or city and county, whether general law or chartered. Hfertiweanuay4,2025atien198012wasaddeditothe* HeallhandSalewyCede,immediate. llwingSetion17980.1,t0rea4: For purposes oft thiss section, thei following terms have the 1. "Junior accessory dwelling unit" means a unit that is no more thani five hundred (500) square feet ins size and contained entirely within a single-family residence. Aj junior accessory dwelling unit mayi include separate sanitation facilities or mays share sanitation facilities with the existing 2. "Local agency" means a city, county, or city and county, whether general law or chartered. D. Effective. January 1, 2020 Section 17980.12 was added tot thel Health and Safety Code, immediately 1. 17980.12. (1) An enforcement agency, until. January 1, 2030, thati issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) [abovel, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delayi in enforcement  following meanings:  structure.  following Section 17980.11, tor read:  pursuant to this subdivision:  i. The accessory dwelling unit was built before. January1,2020.  ii. The accessory dwelling unit was built on or after. January 1, 2020, in al local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9 9)  Page 9of10    iii. The owner of an accessory dwelling unit that receives ar notice to correct violations or abate nuisances as described in paragraph (1)r may, in thet form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement oft the violation be delayed forf five (5) years on the! basis that correcting the iv. Alocal agency shall not require, as a condition for ministerial: approval ofar permit application for the creation of an accessory dwelling unit or aj junior accessory dwelling unit, the correction of a violation on the primary dwelling unit,provided that correcting the V. The enforcement agency shall grant an application described in paragraph (2)i ift the enforcement determines that correcting the violation is not necessary to protect health and safety. Inr making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of thes state The enforcement agency shall not approve any applications pursuant to this section on or after. January: 1, 2030. However, any delay that was approved by the enforcement agency before. January: 1, 2030, shall be valid fort thet fullt term of the delayt that was approved att the time of thei initial approval of the application pursuant to paragraph (3).  violation is not necessaryt to protect health and safety.  violation is not necessary to protect health ands safety.  fire marshal pursuant to Section 13146.  2. For purposes of this section, laccessory dwelling unit" has the same meaning as defined in 3. This section shall remaini in effect only until January: 1, 2035, and as of that date is repealed.  Section 66313 65852.2.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9)  Page 10of10    GOVERNMENT CODE- GOV  TITLE7. PLANNING AND LAND USE 65000-66499.58) (Heading ofTitle 70 amended by Stats. 1974, Ch. 1536.) DIVISION 1. PLANNING AND ZONING [65000 - 66342] (Heading ofDivision 1 added by Stats. 1974, Ch. 1536.) Chapter 12 - Housing Crisis Act of 2019 ARTICLE 3. Duration of Chapter [66301- 66301.] (Article. 3 heading added by Stats. 2023, Ch. 754,Sec. 7.). CHAPTER 13. Accessory Dwelling Units [66310-6 66342] (Chapter 13 added by Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 1. General Provisions [66310-6 66313] (Article 1 added by Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 2. Accessory Dwelling Unit Approvals [66314-6 66332]. (Article 2 added by Stats. 2024, Ch. 7, Sec. 20.) ARTICLE 3. Junior Accessory Dwelling Units [66333-6 66339].. (Article. 3 added by Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342]. (Article 4 added by Stats. 2024, Ch. 7,Sec.2 20.)  .Page 2  Page 3-5 Pages 6-16 .Pages 17-19 Pages 20-23  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 1 of23    GOVERNMENT CODE - GOV  TITLE7.PLANNING AND LAND USE [65000-6 66499.58] (Heading ofTitle 7 amended by Stats. 1974,  Ch. 1536.)  DIVISION 1. PLANNING AND ZONING [65000-6 66342] (Heading ofDivision 1 added by Stats. 1974, Ch. 1536.) CHAPTER 12. Housing Crisis Act of 2019 [66300- - 66301] (Chapter. 12 added by Stats. 2019, Ch. 654, Sec. 13.) ARTICLE 3. Duration of Chapter [66301- 66301.] (Article. 3 heading added by Stats. 2023, Ch. 754, Sec. 7.)  66301.  (a) This chapter shall apply to a housing development project that submits a preliminary (b) This chapter shall remain in effect only until January 1, 2034, and as of that date is (c) Itis the intent of the Legislature in enacting this section to ensure that a housing development project that submits a preliminary application pursuant to Section 65941.1 before January 1, 2030, remains subject to this chapter after January 1, 2030. (Amended by Stats. 2022, Ch. 427, Sec. 16. (SB1489) Effective January 1,2 2023. Repealed as ofJanuary1, 2034, byi its own provisions. Note: Repeal afects Chapter1 12, commencing with. Section 66300.)  application pursuant to Section 65941.1 before January 1, 2030.  repealed.  Title 171 Planning and Land Use-s Sections 66310-66342 Accessor Dwelling Units  Page 2of23    GOVERNMENT CODE. - GOV  TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] (Heading of7 Title 7 amended. by Stats. 1974, Ch. 1536.) DIVISION 1. PLANNING AND ZONING [65000-6 66342] (Heading ofDivision. 1 added by Stats. 1974, Ch. 1536.) CHAPTER 13. Accessory Dwelling Units [66310-6 66342] (Chapter. 13 added by Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 1. General Provisions [66310-66313 (Article 1 added by Stats. 2024, Ch. 7,Sec. 20.)  66310.  The Legislature finds and declares all of the following:  (a) Accessory dwelling units are a valuable form of housing in California.  (b) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within (c) Homeowners who create accessory dwelling units benefit from added income, and an (d) Allowing accessory dwelling units in single-family or multifamily residential zones  existing neighborhoods. increased sense of security.  provides additional rental housing stock in California. (e) California faces a severe housing crisis.  (f) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly (g) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (h) Accessory dwelling units are, therefore, an essential component of California's  lower and middle-income earners.  housing supply.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25,2024.)  66311.  It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not SO arbitrary, excessive, or burdensome sO as to  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 3 of23    unreasonably restrict the ability of homeowners to create accessory dwelling units in  zones in which they are authorized by local ordinance. (Added by. Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective. March 25, 2024.)  66312.  Notwithstanding Section 65803, this chapter shall also apply to a charter city.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25, 2024.)  66313.  For purposes of this chapter:  (a) "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also  includes the following: (1) An efficiency unit.  (2) A manufactured home, as defined in Section 18007 of the Health and Safety (b) "Accessory structure" means a structure that is accessory and incidental to a dwelling (c) "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health (d) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the (e) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (f) "Local agency" means a city, county, or city and county, whether general law or (g) "Nonconforming zoning condition" means a physical improvement on a property that (h) "Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development  Code.  located on the same lot. and Safety Code.  existing structure.  chartered.  does not conform to current zoning standards.  applicant or proponent and the public official prior to submittal.  Title 17 Planning and Land Use- - Sections 66310-66342 Accessor Dwelling Units  Page 40 of23    (1) "Passageway" means a pathway that is unobstructed clear to the sky and extends (j) "Permitting agency" means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building (k) "Proposed dwelling" means a dwelling that is the subject of a permit application and (I) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (m) "Tandem parking" means that two or more automobiles are parked on a driveway or  from a street to one entrance of the accessory dwelling unit.  departments, utilities, and special districts. that meets the requirements for permitting.  in any other location on a lot, lined up behind one another. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March. 25,2024.)  Title 17 Planning and Land Use- - Sections 66310-66342 Accessor Dwelling Units  Page 5of23    GOVERNMENT CODE - GOV  TITLE 7. PLANNING AND LAND USE [65000-6 66499.58] (Heading ofTitle 70 amended by Stats. 1974, Ch.1536.) DIVISION 1. PLANNING AND ZONING [65000-6 66342] (Heading ofDivision 1 added by Stats. 1974, Ch. 1536.) CHAPTER 13. Accessory Dwelling Units [66310 -6 66342] (Chapter. 13 added by Stats. 2024, Ch. 7,Sec.2 20.) ARTICLE 2. Accessory Dwelling Unit Approvals [66314-66332] (Article 2 added by Stats. 2024, Ch. 7,Sec. 20.)  66314.  A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance (a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include (2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation  shall do all of the following:  permitted.  requirements on minimum lot size.  for the lot.  (d) Require the accessory dwelling units to comply with all of the following: (1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence. (2) The lot is zoned to allow single-family or multifamily dwelling residential use and (3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and  includes a proposed or existing dwelling.  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 6of23    located on the same lot as the proposed or existing primary dwelling, including (4)Ift there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 (6) No passageway shall be required in conjunction with the construction of an (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These (B) Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific (C) This subparagrapn shall not apply to an accessory dwelling unit that is (11) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking  detached garages,  square feet.  accessory dwelling unit.  same dimensions as an existing structure.  being used, if required.  spaces may be provided as tandem parking on a driveway.  site or regional topographical or fire and life safety conditions.  described in Section 66322.  spaces be replaced.  Title 17 Planning and Land Use - Sections 66310-66342. Accessor Dwelling Units  Page 7 of23    (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit (f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.  dwelling.  and issued at the same time.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)Eective. March. 25, 2024.)  66315.  Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that al local agency may require that the property may be used for rentals of terms 30 days  or longer. 66316.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25,2024.)  An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. Ifa local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this  article.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25,2024.)  66317.  (a) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single- family or multifamily dwelling on the lot, the permitting agency may delay approving or  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 8of23    denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that (b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how (c) No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a  provides for the creation of an accessory dwelling unit.  the application can be remedied by the applicant.  building permit or a use permit under this section. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25,2024.)  66318.  (a) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this article. (b) An accessory dwelling unit ordinance shall not be considered in the application of any  local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March25,2024)  66319.  An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any  local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB4 477) Effective March. 25, 2024.)  66320.  (a) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an  Title 171 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 9 of23    existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be (b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how  deemed approved.  the application can be remedied by the applicant. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)Eective. March. 25,2024.)  66321.  (a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any (1) A minimum square footage requirement for either an attached or detached (2) A maximum square footage requirement for either an attached or detached  of the following:  accessory dwelling unit that prohibits an efficiency unit. accessory dwelling unit that is less than either of the following:  (A) Eight hundred fifty square feet.  (B) One thousand square feet for an accessory dwelling unit that provides more (3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in (4) Any height limitation that does not allow at least the following, as applicable: (A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. Title 17 Planning and Land Use Sections 66310-66342 Accessor Dwelling Units  than one bedroom.  compliance with all other local development standards.  Page 10of23    (B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one- half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an (D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local  primary dwelling unit.  existing or proposed multifamily, multistory dwelling.  agency to allow an accessory dwelling unit to exceed two stories.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.)  66322.  Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of (a) A local agency shall not impose any parking standards for an accessory dwelling unit (1) Where the accessory dwelling unit is located within one-half of one mile walking (2) Where the accessory dwelling unit is located within an architecturally and (3) Where the accessory dwelling unit is part of the proposed or existing primary (4) When on-street parking permits are required but not offered to the occupant of the (5) When there is a car share vehicle located within one block of the accessory  the following shall apply:  in any of the following instances: distance of public transit.  historically significant historic district. residence or an accessory structure. accessory dwelling unit. dwelling unit.  (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other (b) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.  criteria listed in this subdivision.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective March 25, 2024.) ue 1/ Planning and Lana use - sections 6b310-0b34Z Accessor Dweung units  rage 1T OTZS    66323.  (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed- (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (B) The space has exterior access from the proposed or existing single-family  use zone to create any of the following:  dwelling.  (C) The side and rear setbacks are sufficient for fire and safety.  (D) The junior accessory dwelling unit complies with the requirements of Article 3 (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following  (commencing with Section 66333).  conditions on the accessory dwelling unit:  (A) A total floor area limitation of not more than 800 square feet. (4) of subdivision (b) of Section 66321, as applicable.  (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (3)(A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily (4) (A) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and (B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily  complies with state building standards for dwellings.  dwelling units.  side setbacks of no more than four feet.  Title 17 Planning and Land Use- -S Sections 66310-66342 Accessor Dwelling Units  Page 12of23    dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling (c) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the (d) A local agency shall require that a rental of the accessory dwelling unit created (e) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been (f) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include  unit, the correction of nonconforming zoning conditions.  existing multifamily dwelling.  pursuant to this section be for a term longer than 30 days.  recertified, within the last 10 years.  requirements on minimum lot size.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March. 25,2024.)  66324.  (a) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7  (commencing with Section 66012).  (b) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (c) (1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (2) For purposes of this subdivision, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.  Title 17 Planning and Land Use- - Sections 66310-66342. Accessor Dwelling Units  Page 13of23    (d) For an accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342. (e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25, 2024.)  66325. ordinance.  (a) Except as provided in subdivision (b), this article shall supersede a conflicting local (b) This article does not limit the authority of local agencies to adopt less restrictive  requirements for the creation of an accessory dwelling unit. (Added by Stats. 2024, Ch. 7,5 Sec. 20. (SB477) Effective March 25,2024.)  66326.  (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to (b) (1) If the department finds that the local agency's ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before (2) The local agency shall consider the findings made by the department pursuant to  the local agency as to whether the ordinance complies with this article.  taking any other action authorized by this article. paragraph (1) and shall do one of the following: (A) Amend the ordinance to comply with this article.  (B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the (c) (1) If the local agency does not amend its ordinance in response to the department's findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department's findings, the department shall  department.  Title 17F Planning and Land Use- - Sections 66310-66342. Accessor Dwelling Units  Page 14of23    notify the local agency and may notify the Attorney General that the local agency is in (2) Before notifying the Attorney General that the local agency is in violation of state law, the department may. consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020.  violation of state law.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective March. 25, 2024.)  66327.  The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this article. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.  (Addedk by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25, 2024.)  66328.  A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)Eective. March. 25,2024.)  66329.  Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for  accessory dwelling units.  (Added by: Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective March 25, 2024.)  66330.  A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)Eective. March. 25, ,2024.)  66331.  In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in subdivision (a) or (b), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and (a) The accessory dwelling unit was built before January 1, 2020. (b) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request  Safety Code:  isr made.  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 15 of23    (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25, 2024.)  66332.  (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), al local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following: (1) The accessory dwelling unit is in violation of building standards pursuant to Article 1( (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the (2) The accessory dwelling unit does not comply with this article or any local ordinance  Health and Safety Code.  regulating accessory dwelling units.  (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of (c) This section shall not apply to a building that is deemed substandard pursuant to  the structure.  Section 17920.3 of the Health and Safety Code. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25,2024.)  Title 17 Planning and Land Use- -S Sections 66310-66342 Accessor Dwelling Units  Page 16of23    GOVERNMENT CODE-C GOV  TITLE 7. PLANNING AND LAND USE [65000-6 66499.58] (Heading ofTitle 70 amended. by Stats. 1974, Ch.1536.) DIVISION 1. PLANNING AND ZONING [65000 - 66342] (Heading ofDivision 1 added by Stats. 1974, Ch. 1536.) CHAPTER 13. Accessory Dwelling Units [66310 -6 66342] (Chapter 13 added by Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 3. Junior Accessory Dwelling Units [66333-66339] (Article. 3 added by Stats. 2024, Ch. 7,Sec. 20.)  66333.  Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of (a) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, (b) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing (c) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction (2) A restriction on the size and attributes of the junior accessory dwelling unit that (d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of (e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (2) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main  a junior accessory dwelling unit, and shall do all of the following:  on the lot.  organization.  may be enforced against future purchasers.  conforms with this article.  the proposed or existing single-family residence.  living area.  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 17of23    (f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen,  which shall include all of the following: (1) A cooking facility with appliances.  (2) A food preparation counter and storage cabinets that are of reasonable size in  relation to the size of the junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective March. 25,2024.)  66334.  (a) A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall (b) This article shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory  not require additional parking as a condition to grant a permit.  dwelling unit complies with applicable building standards. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)E Effective March 25, 2024.)  66335.  (a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. (2) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the (3) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. (4) If the applicant requests a delay, the 60-day time period shall be tolled for the (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be (c) A local agency may charge a fee to reimburse the local agency for costs incurred in  lot.  period of the delay.  remedied by the applicant.  connection with the issuance of a permit pursuant to this article. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25, 2024.)  Title 17 Planning and Land Use - Sections 66310-66342. Accessor Dwelling Units  Page 18 of23    66336.  A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the  junior accessory dwelling unit.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25,2024.)  66337.  (a) For purposes of any fire or life protection ordinance or regulation, a junior accessory (b) This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit sO long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a  dwelling unit shall not be considered a separate or new dwelling unit.  junior accessory dwelling unit or not.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25, 2024.)  66338. unit.  (a) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling (b) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, SO long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory  dwelling unit.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)Eective. March 25, 2024.)  66339,  Ifa a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section  66323 and the requirements of this article.  (Added by Stats. 2024, Ch. 7,Sec. 20.(SB477) Effective March2 25,2024.)  Title 17 Planning andl Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 19 of23    GOVERNMENT CODE-G GOV  TITLE7. PLANNING AND LAND USE [65000-66499.58 (Heading ofTitle 7amended! by Stats. 1974, Ch.1536.) DIVISION 1. PLANNING AND ZONING [65000-66342) (Heading ofL Division 1 added by Stats. 1974, Ch. 1536.) CHAPTER 13. Accessory Dwelling Units [66310-6 66342] (Chapter13 added by. Stats. 2024, Ch. 7,Sec.2 20.) ARTICLE 4. Accessory Dwelling Unit Sales [66340-66342] (Article 4 added by Stats. 2024, Ch. 7,Sec. 20.) For purposes of this article:  66340.  (a) "Qualified buyer" means persons and families of low or moderate income, as that (b) "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.  term is defined in Section 50093 of the Health and Safety Code.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25,2024.)  66341.  AI local agency shall 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: (a) The accessory dwelling unit or the primary dwelling was built or developed by a (b) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of (c) The property is held pursuant to a recorded tenancy in common agreement that (1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the (3) A requirement that the qualified buyer occupy the accessory dwelling unit or (4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary  qualified nonprofit corporation.  the Revenue and Taxation Code. includes all of the following:  buyer desires to sell or convey the property. primary dwelling as the buyer's principal residence.  Title 17 Planning and Land Use - Sections 66310-66342. Accessor Dwelling Units  Page 20 of23    dwelling will be preserved for low-income housing for 45 years for owner-occupied (5) If the tenancy in common agreement is recorded after December 31, 2021, it (A) 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. (B) 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.  housing units and will be sold or resold to a qualified buyer.  shall also include all of the following:  (C) Procedures for dispute resolution among the parties before resorting to legal  action.  (d) 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 (e) Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical (f) Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to  pursuant to Section 480.3 of the Revenue and Taxation Code.  connection to that utility.  an ordinance adopted under Section 66342.  (Added by Stats. 2024, Ch. 7, Sec. 20. (SB477) Effective March. 25, 2024.)  66342.  In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall (a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil  include all of the following requirements:  Code).  Title 171 Planning and Land Use - Sections 66310-66342, Accessor Dwelling Units  Page 21of23    (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) (c) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development. (d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder's consent. The following shall apply to the consent of a lienholder:  and all objective requirements of a local subdivision ordinance.  (A) A lienholder may refuse to give consent.  (B) A lienholder may consent provided that any terms and conditions required by (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the county recorder along with a signed statement from each lienholder that states "(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and (3)The lienholder's consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following  the lienholder are satisfied.  as follows:  conditions the lienholder may have."  information:  (A) The lienholder's signature.  (B) The name of the record owner or ground lessee. (C) The legal description of the real property.  (D) The identities of all parties with an interest in the real property as reflected (E) The lienholder's consent shall be recorded in the office of the county recorder  int the real property records.  of the county in which the real property is located.  (e) The local agency shall include the following notice to consumers on any accessory dwelling or. junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan "NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation  approval:  Title 17 Planning and Land Use = Sections 66310-66342 Accessor Dwelling Units  Page 22of23    or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder's consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:  satisfied their terms and conditions, if any.  (a) Paying off your current lender.  You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, (b) Securing your lender's approval of a modification to their loan collateral due to the change of your current property legal description into one or more (c) Securing your lender's consent to the details of any construction loan or  which consent may be denied.  condominium parcels. ground lease.  This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor (f) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. (g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the (2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing  that the information in the consent above is true and correct."  existing association.  association.  (h) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to  this article.  (Added by: Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25,2024.)  Title 17 Planning and Land Use - Sections 66310-66342. Accessor Dwelling Units  Page 23of23    NOTICE OF EXEMPTION Filing of Notice of Exemption in Compliance with Section 15062 oft the California Environmental Quality. Act- Code Amendment 2024 Chapter 17.51 Accessory Dwelling Units- City of Arvin  AFFIDAVIT OF FILING. AND POSTING  Court Records Supervisor Office oft the County Ideclare that Ireceived and posted this notice ont the filing date as required by California Public Resources Code Section 211 152(c). Said) Notice will remain posted for 35 days for thei filling date.  Clerk  NOTE: Place inj project file until approved -1 then  file with Kern County Clerk TO: COUNTY CLERK County ofKern, 1115Truxtun Ave. 1st) Floor, Bakersfield, CA 93301 TO; State ofCalifornia CEQA Submit: Project location: City Wide  FROM: City of Arvin  City Clerk, P.O. Box 548 200 Campus Drive, Arvin, CA93203 661-854-3134 Office, 661-854-0817 Fax  SCH No.  Project title: Code Amendment 2024 Chapter 17.51 Accessory Dwelling Units - City of Arvin Description of nature, purpose, and beneficiaries of project: Code. Amendment to Chapter 17.51 Accessory Dwellings- The adoption of an ordinance amends Ordinance No. 2023-487 adopted October 24, 2023 updating the existing code to implement the provisions of Sections 66310-66342 oft the Government Code. The adopted Ordinance amends ADU regulations  and implements the goals, policies, andj programs oft the City of Arvin] Housing Element.  Name of public project:  City of Arvin, CA- Ordinance No. 2024-XXX dated Month XX,2024  agency approving City Council carrying out the project Exempt status:  Name and person or agency Jake Raper, Project Coordinator/Planning Consultant, Community  Development Department, 161 Plumtree Drive, Arvin, CA 93203 Email:  raper@arvin.org  CEQA Guidelines, Statutory Exempt Section 15282 (h).  Reasons why the project is exempt: Thej proposed zoning code amendments are statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines (the adoption ofa an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66342 of the Government Code as outlined in Section 21080.17 of the Public Resources Code). Additionally, the adopted Ordinance amends ADU regulations and implements the goals, policies, and programs of the City of Arvin Housing Element and are regulatory actions taken by the city. Lastly, due to their limited impact, state law deems ADUS tol be ministerial projects and, therefore, exempt from CEQA  Contact person: Signature/Title Date:  Jakel Raper, Project Coordinator/Plamning Consultant, Community Development Department, Planning Division, 141 Plumtree Drive, Arvin,  CA9 93203 Jeffrey Jones  Date  City Manager/Finance Director  Record available to General Public: This is to certify that the environmental document and record of project approval is available tot the General Public at City of Arvin, City Clerk's Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption andi its supporting documents: may bei reviewed/obtained during normal working hours at the above address. The filing ofal Notice of Exemption and thej posting on thel list ofr notices start a 35-day statute of limitations period on legal challenges to the agency's decision that thej projecti is exempt from CEQA. Ifal Notice of] Exemption is not filed, a 180-day  statute of1 limitations will apply. Refer to Section 15061(d) for filing instructions.  Page 1 of 1    ARVIN  CITY OF ARVIN Planning Commission STAFF REPORT  Meeting Date: November 19, 2024  TO: FROM:  Arvin City Planning Commission Isaiah Medina, Assistant Planner Jake Raper, Contract Planner  Jeffery Jones, City Manager/ / Finance Director  SUBJECT: APublicHearingi to Consider Approval ofAI Resolution ofthe Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 -  Ordinance Amending Chapter 17.51 Accessory Dwelling Unit. Iti is recommended that the Planning Commission:  RECOMMENDATION 1) Open the Public Hearing. 2) Receive a staffreport. 3) Allow for public testimony. 5) Close the public hearing.  4) Discussion between Panning Commissioner members and Staff, ifneeded. 6) Staffrecommends the Planning Commission take the following action: "Motion to Approve - Resolution of the Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 - Ordinance  Amending Chapter 17.51 Accessory Dwelling Unit.  BACKGROUND:  The City Council, on the recommendation of the Planning Commission, adopted Ordinance No. 2023 -486 Accessory Dwelling Units on October 24, 2023, and became effective thirty days after adoption. As required by state law, the City of Arvin mailed the adopted ordinance on October 30, 2023, to the State of California Department ofHousing and Community Development On September 23, 2024, approximately one year later, the State ofCalifornia Department of Housing and Community Development (HCD) provided their review and requirements for Upon receipt of the review by HCD, the City's Consultant, Precision Engineering and Associates, prepared the required amends and inserted the proposed changes into Chapter 17.51 and prepared ai response letter which identified updates and amendments. The letter which  (HCD)for compliance review, Attachment1.  various amendments to the adopted ordinance, Attachment 2.  PCF Report November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page: 1of4    detailed the proposed changes and the draft amendments to Chapter 17.51 were sent tol HCD on On October 24, 2024 the City received an email from HCD which advised the City that HCD does noti review draft code amendments but require the city to adopt the Accessory Dwelling Unit ordinance prior to their review. HCD also advised that two new bills were signed into law 1. SB 1211 (Chapter 296, Statutes of2024) changes the allowances for multifamily 2. AB2533 (Chapter 834, Statutes of 2024) changes the special procedures for permitting  October 16, 2024, Attachments 3 and 4.  which goes into effect on 1/1/2025:  detached ADUS, among other things. unpermitted ADUS.  AUTHORIZATION BY CITY COUNCIL:  On September 19, 2017, the City Council adopted Resolution No. 2017-92 which authorized the City Manager to bring forward various code amendments; whenever the public necessity, convenience, general welfare, or good practices justify such action. The City Manager is recommending that thel Planning Commission and City Council mend various sections of  Chapter 17.51 Accessory Dwelling Unit. PUBLIC HEARING NOTICE:  This public hearing notice was posted on November 8, 2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2) Arvin Police Department; and (3) Community Development Department; (4) City of Arvin's website at www.arvin.org; providing a 10-day review, in accordance with Government Code Sections  36933, 65854, and 65090, Attachment 5.  DISCUSSION:  Based upon the information from HCD and the requirements of Government Code Tile7 Planning and Land Use, Division 1 Planning and Zoning Chapter 12, Housing Crisis Act of2019 and Chapter 13 Accessory Dwelling Units (66310-66342), Attachment 6, staffi is presenting the proposed zone code amendment to the City of Arvin's' Title 17 Zoning, Chapter 17.51 Accessory Dwelling Units. The proposed ordinance amendment has underlined ini red proposed additions and tmeieedealwph. sO that thej proposed changes are highlighted for the reader. Attached as Exhibit 1-I Draft Ordinance No. XX, ZCA No. 2024- Code Amendments Amending Chapter 17.51 Accessory Dwelling Units that show the proposed Staffrecommends that the Planning Commission forward a recommendation that the City Council Approve Zoning Code Amendment 2024- Ordinance Amending Chapter 17.51 Upon adoption ofthe ADU ordinance by the City Council, as required by Government Code Section 66326 (a) the City is to submit a copy oft the. ADU to the Department of Housing and Community Development within 60 days after adoption. After adoption ofa an  additions and deletions.  Accessory Dwelling Unit.  PCI Report November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page 2of4    ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article. Staff will forward the adopted ordinance to the State California Department of Housing and Community Development (HCD) for its comments which may require additional changes. Ifcomments are: received, the ordinance will need to be further amended to address any changes. IfHCD finds that any adopted ordinance enacted by a local jurisdiction is in any way inconsistent with state law, the ordinance is  void. Ifthis occurs, the ADU ordinance will require amending. ENVIRONMENTAL REVIEW AND DETERMINATION:  The zoning code amendment 2024 to Chapter 17.51 Accessory Dwelling Unit, is Statutory Exempted, Section 15282(h), from review under the California Environmental Quality Act (CEQA. The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66342 ofthe Government Code as outlined in Section 21080.17 oft the Public Resources Code). Additionally, the adopted Ordinance amends ADU regulations and implements the goals, policies, and programs oft the City of Arvin Housing Element. The adopted amendments implement the adopted housing element program and are regulatory actions taken by the city. Lastly, due to their limited impact, state law deems ADUS to be ministerial projects and, therefore, exempt from CEQA. Staff1 has prepared al Draft Notice of Exemption for the Zoning Code. Amendment 2024- - Ordinance Amending Chapter 17.51 Accessory Dwelling Unit, Attachment 7.  FISCAL CONSIDERATIONS:  Revenue Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees and in most cases the collection Research and Ordinance Adoption: This Project is funded by LEAP grant by the State of California Department ofHousing and Community Development for the purpose ofproviding additional opportunities for housing, in line with the goals contained in the Arvin General Plan and 2013-2023 Housing Element and the updated 2023-2031 Housing Element.  ofir impact fees and connection fees for utilities.  END OF REPORT. Exhibits:  Resolution oft the Planning Commission ofthe City of Arvin Recommending the City Council Approve Zoning Code. Amendment 2024 Ordinance Amending Chapter 17.51  Accessory Dwelling Unit.  Draft Ordinance No. 2024-XX, Ordinance Amending Chapter 17.51 Accessory Dwelling  Unit. Attachments:  Attachment 1- October 30, 2023, to the State of California Department of Housing and  Community Development (HCD) for compliance review.  PCI Report November: 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page 30 of4    Attachment 2 - September 23, 2024, State of California Department of Housing and Attachment 3 - Response letter dated October 16 2024 to HCD - Proposed changes and  Community Development (HCD) Review and Findings. the draft amendments to Chapter 17.51.  Attachment 4- Amendments to Chapter 17.51 -October 16, 2024, Attachment 5- Public Hearing Notice - Posting on November 8, 2024  Attachment 6 - Government Code Title 7 Planning and Land Use, Division 1 Planning and Zoning; Chapter 12 -H Housing Crisis Act of2019 and Chapter 13 Accessory Dwelling Units Attachment 7- - Notice of Exemption Code Amendment 2024 Chapter 17.51 Accessory  (Sections 66310 - 66342) Dwelling Units.  PC Report November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance  Page 4 of4    RESOLUTION NO.2 2024-XX  Al RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARVIN RECOMMENDINGI THE CITY COUNCIL AMEND' THE GENERAL PLAN BY ADOPTING THE 2024 SAFETY ELEMENT INCORPORATING: 2020 KERN COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN INCLUDING A RECOMMENDATION TO ADOPT AN EXEMPTION PURSUANT CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION  15061(B)(3)  WHEREAS, the City of Arvin City Council adopted the 2019 Safety Element which WHEREAS, the City of Arvin City Council adopted Resolution No. 2021-55 adopting WHEREAS, the update of the 2024 Safety Element is consistent with the 2020 Kem County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) adopted by the City of Arvin,  incorporated the 2012 Kern County Multi-Jurisdiction Hazard Mitigation Plan; and  the updated Kern Multi-Jurisdiction Hazard Mitigation Plan; and  and isi in compliance with Government Code Section 65032; and  WHEREAS, the Planning Commission duly noticed the public hearing of November 19, 2024, on thej proposed update to the Safety Element of the General Plan in accordance with  local and state requirements.  WHEREAS, the Planning Commission conducted a public hearing on November 19,  2024 providing an opportunity for all interested persons to give testimony; and  NOWTHEREFORE BEI IT RESOLVED by the Planning Commission oft the City of Arvin as 1. Thel Planning Commission of the City of Arvin finds that the above recitals are true and 2. The Planning Commission recommend the City Council adopt the proposed Safety 3. The Planning Commission recommend that the City Council adopt the Notice of Exemption pursuant to CEQA Guidelines, Section 15061(b)(3), as there is no possibility that the updated Safety Element to the General Plan may have a significant effect on the  follows:  correct.  Element update to the General Plan  environment.  4. This Resolution shall take effect immediately.  IHEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at a special meeting thereof held on the 19th day of November  2024 by the following vote:    AYES: NOES: ABSTAIN: ABSENT:  CITY OF. ARVIN  By:  ATTEST  JOSHLYN HORTON, Chair  CECILIA VELA, City Clerk  APPROVED AS TO FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  Secretary of the Planning Commission of the  City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Planning Commission of the City of Arvin on the  date and by the vote indicated herein.    NOTICE OF EXEMPTION -Filing of Notice of] Exemption AFFIDAVIT OF FILING. ANDI POSTING  in Compliance with Section 15305-Minor Alterations in Land Use Limitations California Environmental Quality Act. -  2024 Safety Element Update  Court Records Supervisor Office of the County Clerk Ideclaret that Ireceived and postedt this notice ont the filing datea as required by Califomial Public Resources Code Section? 21152(c). Said Notice will remain posted for 35 days fort the filling date. City of Arvin City Clerk, P.O. Box 548 200 Campus Drive, Arvin, CA 93203 661-854-3134 Office, 661-854-0817F Fax  Place inj project file until approved- - then file with Kern County Clerk TO: COUNTY CLERK County of] Kern, 1115 Truxtun Ave. 1"Floor, Bakersfield, CA 93301 TO: ceqasubmitopr.cagovy Project title: 2024 Safety Element Update  FROM:  State Clearinghouse No.  Project location: City Wide Township/Range: T31S R29E Section 26 Nearest State] Hwy: Hwy 223 Nearest School: Arvin High School  Latitude and Longitude: 35.21007° N/118.82603° W Nearest Railroad: Southern Pacific Railroad Description of nature, purpose, and beneficiaries of project: Amend the General Plan by Adopting the 2024 Safety Element Incorporating 20201 Kern County Multi-Jurisdictional. Hazard Mitigation Plan Thej purpose of the Safety Element is tor reduce the potential risk ofd death, injuries, property damage, and economic and social dislocation resulting from natural and human-induced hazards. The Safety Element establishes preventative and responsive policies and programs to mitigate thej potential impacts associated with hazards that may affect the City of Arvin. This Element along with the 20201 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) addresses geologic and seismic hazards, flood hazards, fire  hazards, hazardous materials, and emergency preparedness and response planning.  Name of public agency approving project: carrying out the project Exempt status:  City Council  City Council Resolution No. 2024 - XX December 10,  2024  Name and person or agency Jeffrey. Jones, City Manager/Finance Director, 200 Campus Drive, Arvin, CA 93203, Email: Reasons why project is exempt: The 2024 Safety Element update can be seen with certainty that therei is noj possibility that it willl have a significant effect on the environment, The 2024 Safety Element establishes policies toi reduce natural hazards that may occur within the City. The 2024 Safety Element update programs and policies are city wide. No scenic highway or resources; no hazardous waste site which isi included on anyl list compiled pursuant to Section 65962.5 of the Government Code; no physical development; no: structures are tol be demolished due tot the adoption of the Safety Element; nor would the adoption oft the Safety Element have a significant adversei impact on al historic resource. The City Council finds that none of the exceptions to Categorical Exemptions set forthi in the CEQAGuidelines: Section 15300.2 apply to the adoption oft the Safety Element. For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin  ieffionesarvin.org  Phone: 661-606-6040  CEQA Guidelines, General Rule Exemption Section 15061(b)(3)  adopts General Rule Exemption Section 15061(b)(3).  Contact person: Signature/Titlel Date:  Jake Raper, Project Coordinator, 200 Campus Drive, Arvin, CA 93203 Email:  rpaer@arvin.org Phone: 805-234-7908  Jeffrey Jones, City Manager/Finance Director,  Record available to General Public: Thisi is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk'sOffice, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may bei reviewed/obtained. during normal working hours at the above address. The filing ofal Notice of] Exemption and the posting on thel list ofi notices starta a 35-day statute of1 limitations period on legal challenges to the agency's decision that thej project is exempt from CEQA. Ifal Notice of Exemption is not filed, a 180-day statute ofl limitations will apply. Refer to Section 15061(d) for filing instructions.  Page 1 of 1    S  ARVINS CALIFORNIA e gandie vthesen Incorporated Dec. 21_1960  FINAL DECEMBER 10, 2024 Resolution 2024-XX 2024 Safety Element Update  SAFETY  ELEMENT  Prepared by: City of Arvin Community Development Department  Page 1 of33    2024 Update - Arvin Safety Element  SAFETYELEMENT  ARVIN CALIFORNIA  ee  Incorporated Dec. 21_1960  LEAD. AGENCY: CITY OF ARVIN 200 CAMPUS DRIVE ARVIN, CAS 93203 PREPARED BY:  Community Development Department Jeffrey Jones - City Manager/Finance Director Christine Viterelli- Grants Manager Jake Raper - Project Coordinator ADOPTED: December 10, 2024 RESOLUTION NO. 2024- XX  Arvin Safety Map 2024  Page 2of33    2024 Update  Arvin Safety Element  TABLE OF CONTENTS  INDEX Purpose Relationship to Other General Plan Elements Context and Setting Hazard Risk Ranking Geologic and Seismic Hazards Geologic Hazards Geology Hydrology Groundwater Supply Groundwater Quality Surface Hydrology Seismic Hazards Fault Rupture Ground Shaking Secondary Seismic Hazards Liquefaction Seismic Seiches Flood Hazards Local Flooding Dam Inundation Levee) Failure Hazardous Materials  1-2 5 6 6 7 7 7 7 7 8 8 8 9 12 12 12 12 14 14 14 14 18 18 18 19 20 20 20 20 21 21 21 22 23 23 23 23 23 24 24 24 25 25 26 26 26 27  Earthquake- - Induced Landslide and Slope Failure  Transportation of Hazardous Materials Hazardous Materials Sites Hazardous Waste Oil Well Hazards Fire Hazards Wildland Fires Structure Fires Airport Operations Emergency Services, Preparedness, and Response Firel Protection Services Fire Prevention Police Protection Services Emergency. Medical Services Emergency Communications Center Emergency Operations Plan Emergency Operations Center Terrorism Response and Recovery Plan Evacuation Routes Emergency Incident Information and] Notification Drought Severity Establishment of Drought Reduction Program  Oil Wells - Site Development Adjacent to and Over Abandoned Oil and Gas Wells  Construction Site Well] Review Program  Arvin Safety Map 2024  Page 3of33    2024 Update - Arvin Safety Element  Goals and Policies Citywide Safety Geologic and Seismic Hazards Flood Hazards Hazardous Materials Fire Hazards Drought Severity  28-33 28 28 29 30 31 32 32-33  Emergency Services, Preparedness, and Response  EXHIBITS  Figure 1-4: City of. Arvin. EQS S. San Andreas Mojave N. Vulnerability and Exposure Figure 1-5: City of Arvin = Subsidence Vulnerability and Exposure Snapshot : Excerpt Figure 1-3 City of Arvin FEMA Flood Vulnerability and Exposure Snapshot - Excerpt  10 11 13 16 17 22  Snapshot - Excerpt from 2020 Kern MJHMP Exhibit Figure 4.34-E Earthquake Shake Map for Kern County Firm - Arvin Flood Insurance Rate Map - Kern County- California  from 2020 Kern] MJHMP from 2020 Kern] MJHMP APPENDICIES Mitigation Plan REFERENCES  Exhibit Figure 4.82 City of Arvin Wildfire Risk  Appendix 1-1 Resolution No. 2021-55. Adopting the Updated Kern 2020 Multi-urisdiction Hazard Appendix 2- City of Arvin - Kern County Multi-Jurisdiction Hazard Mitigation Plan 2020  (All References are on file at the Community Development Department) City of Arvin General Plan - Land Usel Element Updated 2024, Conservation and Open Space Element, Air City of Arvin General Plan - Noisel Element adopted 1988, Safety Element adopted 1988, and Economic  Quality Element Community Health Element, and Implementation: Plan 2012 City of Arvin General Plan = Circulation Element adopted. August 21,2012  Development Element adopted 1988 City of Arvin Zoning Ordinance City of Arvin Standards and Specifications City of Arvin Drainagel Master Plan Update - August 2009 2019 Safety Element Title 15, Building, Chapter 17.15.32 Floodplain Management  Kern County Multi-Jurisdiction Hazard Management Plan 2020 Volumes 1 and 2  Arvin Safety Map 2024  Page 4of33    2024 Update - Arvin Safety Element  PURPOSE  The State General Plan Guidelines direct cities to incorporate required elements into their general plans, including Safety. The purpose of the Safety Element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from natural and human-induced hazards. The Safety Element establishes preventative and responsive policies andj programs to mitigate thej potential impacts associated with hazards that may affect the City of Arvin. This Element along with the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) addresses geologic ands seismic hazards, flood hazards, fire hazards, hazardous materials, and emergency preparedness and response planning. The Safety Element also includes policies on natural hazard mitigation planning that implement and supports the Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP), adopted by the Arvin City Council on August 10, 2024, by Resolution No. 2021-55. City Council adopted the updated Kem Multi-Jurisdiction Hazard Mitigation Plan Volume 1 and its Annex, as approved by FEMA and Cal OES, as the official mitigation plan for The City of Arvin. The California Office of Emergency Services (Cal OES), and the FEMA Region IX officials have reviewed the updated MJHMP, and approved: it contingent upon this official adoption by the participating governing body. The adoption of the MJHMP complies with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the updated 2021 Kern County Multi-urisdiction An adopted, most recently adopted MJHMP, hazard mitigation plan is required as a condition offuture funding fori mitigation projects under multiple FEMA pre- and post-disaster: mitigation grant programs. The MJHMP must be incorporated into the local jurisdiction Safety Element in order to qualify for pre- and post-disaster mitigation grant programs. The adopted Hazard Mitigation Plan (HMP) describes thetype, location, and extent of all natural hazards that can affect thej jurisdiction; describet thej jurisdiction's vulnerability to these hazards; include a mitigation strategy that provides the jurisdiction's blueprint for reducing the potential losses; and contains a plan maintenance process. The 2021 Kern County Multi- Jurisdiction (Arvin) Hazard Mitigation Plan (HMP) addresses the natural disasters that may affect the City of Arvin: Flood, Geologic, Severe Weather, Drought, and Extreme Heat. The HMP identifies community policies, actions, andi tools fori implementation toi reducet thej public's exposure tot thesel hazards, to minimize property damage and community disruption, and to reduce or avoid the costs of disaster relief. Arvin City Council on August 10, 2024, by Resolution No. 2021-55 adopted the 2020 Kern Multi- Jurisdiction Hazard Mitigation Plan (HMP), Attachment 1, which incorporates implementation programs oft the Safety Element and contains programs that implement its policies. The City of Arvin participates in the Kern County Multi-Jurisdiction Hazard Mitigation Planning and thel HMP is updated on a five(5)y year cycle. The HMP will continue to bei incorporated by reference in the Safety Element. The Safety Element and HMP are complementary documents that work together to achieve the goal to reduce the impacts on a The City of Arvin's Safety Element is incorporating the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) Volume 1 and its Annex for the City of Arvin, as approved by FEMA and  Hazard Mitigation Plan ( MJHMP).  community from a disaster.  Cal OES, as the official mitigation plan for The City of Arvin.  Arvin Safety Map 2024  Page 5 of33    2024 Update Arvin Safety Element  RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS  The California Government Code requires internal consistency among the various elements of a general plan. The Safety Element is affected by policies contained in other elements of the Arvin General Plan including the Land Use, Housing, Circulation, Conservation and Open-Space, and Noise Elements, and Thel Land Use Element is linked to the Safety Element as the policies and programs are intended toj protect current and planned land uses. Potential hazards identified in the Safety Element are addressed through programs established to avoid or mitigate public safety impacts associated with future development, such The Housing Element identifies existing and projected housing needs, and establishes goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing to serve all members oft the community. The Safety Element addresses hazards or nuisances that should be considered when determining the location of new housing development and improvements to The Circulation Element is closely related to safety and security as well-designed streets and efficient circulation are imperative during an emergency. The provision of viable evacuation: routes within the City are linked to the planned circulation system described in the Circulation Element. Safety is integral in maintaining an efficient, effective, coordinated, multi-modal circulation system that serves a variety of The Conservation and Open Space provides information on soils and erosion, and water quality within the Planning Area in the interest of health, safety, and welfare. Additionally, flood control measures are included int the Conservation and Open Space oft the City's General Plan undert thet title ofPublic! Health and Safety for the protection of the lives and property ofi its citizens during a disaster. Flooding has been The Noise Element also affects Safety Element as it contains safety guidelines regarding acceptable noise levels which consider occupational noise exposure as well as noise exposure in the home. The guidelines recognize exterior noise levels to protect the public from hearing loss, activity interference, sleep disturbance, and annoyance. The Noise Element also documents and guides the location of noise sensitive land uses including all residential uses and schools sO they may be less impacted by noise. Section 65300.5 ofthe Government Code states that the general plan and the individual elements shall be integrated and internally consistent. The city will maintain this consistency as future General Plan amendments are processed by evaluating proposed amendments for consistency with all elements oft the  may overlap with topical areas addressed in these elements.  as1 land use compatibility.  existing housing.  transit, automobile, bicycle, and pedestrian users in a complete street network.  identified as ai major issue for areas oft the City and is discussed in detail in thel HMP.  Arvin General Plan.  CONTEXT AND SETTING  Thel Kern County Multi-urisdiction Hazard Mitigation Plan Participating Jurisdiction Annex - City of Arvin, Attachment 1, details thel hazard mitigation planning elements specific toi the City ofArvin. This Annex is not intended to be a standalone document but appends to and supplements the information contained in the umbrella plan document. As such, all sections oft the umbrella plan, including the planning process and other procedural requirements apply to and were met by the City of Arvin. This Annex provides  Arvin Safety Map 2024  Page 6of33    2024 Update Arvin Safety Element  additional information specific to the City of Arvin, with a focus on providing additional details on the planning process, risk assessment, and mitigation strategy for  the City of Arvin. HAZARD RISK RANKING  The City of Arvin, based on the hazard prioritization process used for Kern County resulted in the hazard risk off four (4) vulnerability areas: 1. Earthquakes; 2.1 Flooding;  3.Drought; and 4. Soil Stability. GEOLOGIC AND SEISMIC HAZARDS  Geologic and soils hazards include subsidence, expansive soils, and steep slopes and landslides. Seismic hazards related to earthquakes include ground shaking and ground failures, such as liquefaction, lateral spreading, ground lurching, seiches, mudslides, landslides, and soil slumping. Geologic hazards pose a danger to residents of Arvin and can result in significant property and infrastructure damage.  GEOLOGIC HAZARDS Existing Safety and Geologic Conditions  Geology:  The San Joaquin Valley, which includes the Arvin area, is the most extensive basin area int the State ofCalifornia. This basis area was formed by intermittent westerly tilting oft the underlying crystalline rocks, which elevated the Sierra-Nevada Mountains on the east border oft the valley and depressed the western portion oft the valley. Slopes int the valley feature as southwest alignment and consist ofunderlying crystalline based complex and overlying sediments. Int the vicinity ofthe community of Arvin, the sediment layeri is approximately 4,800 ft. thick and consists of older sedimentary rocks composed primarily ofs stratified sandstone, conglomerates. and shale. In addition, there is overlying younger unconsolidated sediment Portions of Kern County are identified as seismically active areas consisting oft major unstable fault lines. Within the. Arvin vicinity, 8 major fault line systems have been identified. The White WolfFault runs 31 miles south oft the community of Arvin. The Edison Fault runs 8: miles north of the community. In addition, the San Andreas Fault, the Garlock Fault, the Sierra-Nevada Fault, the Big Pinel Fault, thel Kern Canyon Fault, and thel Bear Mountain Fault are significant Three major earthquakes have occurred in the county since such events havel been historically recorded, the nearest seismic event to thel local community occurred in 1952. This major quake, known as the Arvin-Tehachapi quake, measured 7.7 on the Richter scale and caused extensive damage throughout the County. The epicenter oft the quake was located on the White Wolf Fault zone which impacted the City. Magnitude 5.0 and above earthquakes occur frequently, but damage has been limited from these events. However, damage to the Arvin community was  approximately 1,900 ft. thick.  fault systems which run int the vicinity of Arvin.  relatively minimal. (App-3.1988 Safety Element)  Hydrology:  The. Arvin area significantly contributes to Kem County as being one oft the most productive agricultural counties in the nation. In order to sustain the: intense farming activities int the area,  Arvin Safety Map 2024  Page 70 of33    2024 Update - Arvin Safety Element  the local community derives much ofi its domestic and agricultural water supply from  groundwater resources. Groundwater Supply:  Arvin receives its water services from the Arvin Community Services District. The district manages the water source for domestic, agriculture, recreational and industrial purposes from groundwater within the Tulare Lake groundwater basin, which encompasses: asignificant portion oftheSanJoaquin Valley. Groundwater within the basin moves in a south-southwest direction The Arvin Community Services District (ACSD), adopted its 2015 Urban Water Management Plan (UWMP), which was an update oft the 2010 UWMP, and: is required to update the UWMP each cycle where the year ends in 15 and 0. Thej plan includes a description oft the service area oft thel District, the current and projected population oft thel District, a description ofthe climate and other demographic factors that affect water management, identification oft the existing and planned water resources ofthel District including groundwater management plan prepared byt the Arvin-Edison Water Storage District ("*AEWSD") which: ist the underlying water purveyor int the area, description oft the groundwater basin and groundwater levels, thej participation of ACSD with AEWSD: in the groundwater management program, thel location, the amount of groundwater pumped ini thel last five years and sufficiency ofthe supply, a description ofthe groundwater supply and aj projection ofthe groundwater demands for the next 20: years, a description ofthei reliability of the groundwater supply and its vulnerability to seasonal or climactic shortage, a statement addressing he consistency of thel District's water supply, a district's anticipated water supply projects, thel District's water use projections, water use projections for lower income families, the District's water shortage contingency plan and a The district's 2015 Urban Water Management Plan is available at thel District's office located at  within the basin toward the low lying portion oft the valley.  water supply reliability assessment.  309 Campus Drive, Arvin, Ca 93203, contact phone number 661-854-2127.  Groundwater Quality:  Groundwater quality int the Arvin area: is suitable for domestic use. According to the Arvin Community Services District, the water underlying the Arvin community is generally ofg good quality. As noted above, the 2015UWMP addresses the water supply and quality for the Arvin The. Arvin Community Services District water supply is deemed to be of! high quality. This determination relates to an excellent groundwater recharge basin for the Kern River watershed and activities ofthe Arvin Edison Water Storage District. Water from these sources is ofhigh  area.  quality. Surface. Hydrology:  The City of Arvin is situated on a deep alluvial fan. The ground surface slopes from northeast to southwest at a 0.5% slope. The primary utilization of thel land surrounding the communityis almost exclusively agriculture, oil extraction, or open space. The soil in these areas are identified as being highly permeable. As thel land is very low sloping and the soil has a tendency ofbeing The Arvin area does not possess any significant natural bodies of water. The Arvin-Edison Canal is located to the north and east oft the City, running in a diagonal alignment. The East Side Canal, which runsi in a northwest-southwest alignment, approaches within one mile oft the  permeable, water run-offi is considered slight.  Arvin Safety Map 2024  Page 8 of33    2024 Update Arvin Safety Element  southwest portion oft the city. Both oft these canals are primarily used for agriculture irrigation. Sycamore and Little Sycamore Creeks are: natural drainage channels which flow from the Tehachapi Mountains approximately four miles east and southeast, respectively, oft the Arvin community. These creeks carry relatively low volumes of water and are only identified on a seasonal basis. The flows from these creeks usually run no farther than the Arvin-Edison Canal. According to thel Federal Emergency Management Agency (FEMA), the entire incorporated land within the City of Arvin as well as the immediate surrounding vicinity, lies within the 100 year floodplain ofCaliente Creek. This major drainage channel flows into the Southern San Joaquin Valley floor about 10: miles northeast of the Arvin community. Water flow is only seasonal; however, this channel has historically carried large volumes of water overs short time periods. Subsequently, considerable damage has been caused to some of the agriculture in outlying and developed areas int the Southern San. Joaquin Valley floor. During similar flood occurrences, the creek water has flowed in a north to south direction into a channel just east of Tower Line Road, which turned in a westerly direction approximately one: mile south oft the City of Arvin. During more intense flooding periods, the water flow has been less predictable and Inr recent years, flooding has been a significant issue int the Arvin area. Storm water run-off generated within the City of Arvin is generally collected and transported by streets into the City's existing two drainage sumps. Sump Onei is located on1 the west central portion ofthe City along Comanche Drive near Bear Mountain Boulevard. Sump' Two is located on the southwest The City of Arvin maintains al Master Drainage System, which can collect and hold storm water run-off originating within the majority oft the city from any storm ofar magnitude less than or equal to a 10-year storm. Storm events ofg greater magnitude can also be accommodated through the overflow provision provided with the existing and proposed sumps. The majority ofrun-off produced by storms is presently being collected and conveyed to the south end of the City by existing street improvements andj pipelines to the sumps. Future run-offis expected to continue being collected in the same: manner but will be supplemented by additional street and pipeline  has been known to cover parts oft the. Arvin General Planning area.  portion of the community within the Smotherman Park site.  improvements. SEISMIC: HAZARDS  Arvin, like most ofCalifornia, is located within a seismically active: region. Faults and earthquakes present direct hazards from fault rupture and ground shaking, as well as indirect hazards, as described further below. Kemn County, in general, ist recognized as a seismically active region with several major  unstable fault lines identified in the county's geologic composition.  Arvin Safety Map 2024  Page 9 of33    2024 Update - Arvin Safety Element  Figure 1-4: City of Arvin -1 EQ S. San Andreas Mojave N. Vulnerability & Exposure Snapshot- -  Excerpt from 202 Kern MJHMP  EQ-S.SAN ANDREAS MOJAVE N. VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  BoMoumineho  EBeaMoun  EXPOSURE SUMMARIES" POPULATION COUNT 20,331 100% 3,611 100%  PARCEL COUNT  PARCEL VALUE IMPROVEMENT $324,972,386 100% EssentialFaciities CONTENT $162,522,193 100%  CRITICAL INFRASTRUCT  COUNT HighPotentialLoss Tanspoatationalileine  1100% 64100% 1100% forKer  MAPLEGEND VII VII STRONG  WEAK UIGHT MODERATE STRONG VERY SEVERE VIOLENT EXTREME MMI *Exposure classes. summaries Hazard data include source: strong, USGS. very strong, and severe Dynamic Planr  MMI  (%)- Percent of respective category totals for jurisdiction.  Arvin Safety Map 2024  Page 10 of33    2024 Update - Arvin Safety Element  Figure 4.34. Earthquake Shake Map for Kern County  ONIOSVNS3ONVS  Aisuejur Gurseaysur  Kem) Multi, Jurisdiction llazard Mitigation Plan September 2012  FINAL.  4.102 amed9  Arvin Safety Map 2024  Page 11 of33    2024 Update Arvin Safety Element  Fault Rupture  Kern County is located in one of the more seismically active areas of California and my, at any time, be subject to moderate-to-severe ground shaking. Thei reason for this is thej presence ofther major active faults inp portions ofthe County. The infamous San Andrea'sE Fault runs) just outside ofand parallel to the western border of Kern County and eventually enters the south western portion of the county near Frazier Park, where it is intersected by the northeasterly trending Garlock Fault. Please refer to Section 4.2.10 Earthquakes - Kern County Multi-Jurisdiction Hazard Management. Plan for a1 more detailed discussion of The White WolfFault and the Edison Fault arei respectively! located three miles south and eight miles north of the. Arvin community. In addition, a number of other unstable fault lines, including the San Andreas, Garlock, Big Pine, Kern Canyon and Bear Mountain Faults are situated ini the general vicinity of Arvin. The White Wolf Fault Zone is south and east of Arvin. In 1952a 7.7 earthquake was experienced. Refer tol Figure 4.34 Earthquake Shake Map for Kern County. Additionally, seismic hazard mapping indicates that the City has low seismic hazard potential. While there are no known active faults residing within or near the City limits, thel Planning Areai isl likely to experiencel hazards associated with earthquakes, such as  faults.  ground shaking. Ground Shaking  Ground shaking from earthquakes affects the most people and can cause the most damage of any geologic hazard. The amount of ground shaking depends on the: magnitude ofthe earthquake, the distance from the epicenter, and the type of earth materials in between. Arvin experienced significant ground shaking from al Magnitude 7.7 earthquaket that occurred on the White WolfFault in 1952. Arvin is located within an area  identified as having moderate ground shaking probability.  Secondary Seismic Hazards  Ground shaking can induce secondary seismic hazards such as liquefaction, lateral spreading, subsidence, ground fissuring, and landslides. Liquefaction of saturated cohesionless soils can be caused by strong  ground motion resulting from earthquakes.  Liquefaction  Liquefaction can occur when loose sand and silt that is saturated with water behaves like a liquid when shaken by an earthquake, resulting in ground failure. The California Geological Survey identifies liquefaction zones where the stability of foundation soils must be investigated and countermeasures  undertaken in the design and construction of buildings forl human occupancy.  Arvin Safety Map 2024  Page 12of33    2024 Update - Arvin Safety Element  Figure 1-5: City of Arvin - Subsidence Vulnerability & Exposure Snapshot - Excerpt from 2020  Kern MJHMP  SUBSIDENCE VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  5boaoumaipao  GBcaMountan  EXPOSURE SUMMARIES" POPULATION COUNT 20,287 100% 3,611 100% MAPLEGEND LOW_LIFT LOW SUBSIDENCE MEDIUM SUBSIDENCE HIGHS SUBSIDENCE  PARCEL COUNT EARTHV WOVEMENT  PARCEL VALUE IMPROVEMENT CONTENT  CRITICAL INFRASTRUCTUI  COUNT  $324,972,386 100% EssentialFaciities $162,522,193 100% HighPotentialLoss Exposure summaries include allo classes ofe earthi movement. (%)- Percent of respective category totals forj jurisdiction.  1100% 64 100% LINE 1100% Dynamic Plannin forKemc  Tanspontationauleline  Hazard data source: DWR.  Arvin Safety Map 2024  Page 13 of33    2024 Update - Arvin Safety Element  Earthquake-Induced Landslide and Slope Failure  In addition to liquefaction, the Califoria Geological Survey identifies landslide zones, which generally indicate steep hillslopes composed of weak materials that may fail when shaken by an earthquake. These areas are required to be investigated and countermeasures undertaken in the design and construction of buildings for human occupancy. Arvin is not located within an area identified as having the potential for carthquake-induced landslides. Similarly, duet tot therelatively flat topography of Arvinandt thes surrounding area, lateral spreading, mudslides, ground lurching, and soil slumping are unlikely to occur.  Seismic Seiches  Seismic seiches are standing waves in an enclosed or partly enclosed body of water, such as rivers, reservoirs, ponds, and lakes. There are no large bodies ofwater located within the Planning Area. The potential for water from thel lake to reach thel Planning Area int the event ofa seiche is limited.  FLOOD HAZARDS Local Flooding  Thel location, topography, and land uses in and around the City pose unique drainage situations fort the way local runoffi is contained. Ast the City has been developed onp predominantly agricultural lands, sump basins aret thej primary facilities used to retain the local storm water flows. The City has prepared a Storm Drain Master Plan to identify and address local flooding issues within the City. Identified improvements to the existing drainages systems consist primarily of upsizing existing storm drain facilities and extending existing Arvin is within either the 1% or .02% annual chance ofa flood event. Much of the flooding in Arvin is characterized by shallow sheet flow of 2 feet depth or less. Arvin adopted Chapter 15.32 Flood Management which promote thej public health and safety, and general welfare ofi its citizenry requiring all new development to comply with the development standards as established and may! bei modified from time  storm drain systems farther upstream to the areas of flooding.  to time.  Arvin Safety Map 2024  Page 14 of33    2024 Update - Arvin Safety Element  THIS PAGE LEFT BLANK INTENTIONALLY  Arvin! Safety Map 2024  Page 15 of33    ailunl ugli Ou33i  le    Figure 1-3: City of Arvin - FEMA Flood Zone Vulnerability & Exposure Snapshot - Excerpt from 2020  Kern MJHMP  FEMA FLOOD ZONE VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  BearMoumtaln@lnd;  GBoaMoumtlna  EXPOSURE SUMMARIES* POPULATION COUNT 20,331 100% 3,611 100% MAPLEGEND 100-YR 100-YRFLOODWAY  PARCEL COUNT  PARCEL VALUE IMPROVEMENT $324,972,386 100% EssentialFacilities CONTENT $162,522,193 100%  CRITICAL: INFRASTRUCTURE  COUNT HighPotentialLoss TanspoatationaLleine  1100% 64 100% LINEARA 1100% 5 Dynamic Planning+s fork Kem Coun  *Exposure summaries include 100-year and 500-year flood (%) Percent of respective category totals for jurisdiction.  500-YR PROTECTED BY LEVEE zone areas. Hazard data source: FEMA.  Page 17 of33    2024 Update - Arvin Safety Element  Dam nundation  Dams arei man-made structures built for a variety of uses including flood control, power, agriculture, water supply, and recreation. When dams are constructed for flood control, they usually are engineered to contain af flood with a computed risk of occurrence. Dam failures can result from any one or a combination of causes, including prolonged periods of rainfall and flooding; earthquake; inadequate spillway capacity resulting in overtopping; ori internal erosion caused by embankment or foundation leakage corpiping. Dams can fail at anyt time ofs year, but thei results arei most catastrophic when the dams fill or overtop during winter or spring rain/snowmelt events. The onset time of dam failure depends on the type of failure. Ifthe dam is inspected regularly then small leaks allow fora adequate warning time. Once a dam is breached, however, failure and resulting flooding occurs rapidly. Although there are several dams that have the ability to affect Kern County in the event of failure, the potential for significant flooding associated with dam inundation to occur within Arvin] has not been identified. Dam inundation maps for Lakel Isabella, the largest reservoir  int the County, indicate that flooding from dam failure would not extend into Arvin.  Levee Failure  Levee's s are designed to protect against a certain level off flooding. However, levees can and do decay over time and can also be overtopped, or even fail during large floods. According to the 2012 Kern Multi Jurisdiction Hazard Mitigation. Plan (Kern MJHMP) Figure 4.32,1 Kern Countyl Levee Location Map, there are no levees located within Arvin or the surrounding area. Thel Kern MJHMP identifies the likelihood of al levee failure as low with limited affects tol Kern County int the event ofal levee failure, with the exception of Bakersfield. However, the Friant-Kern Canal, which is located west oft the City's western boundary, serves as a levee structure. The Friant-Kern Canal is under the jurisdiction oft the U.S. Department ofthe Interior Bureau of Reclamation. Although unlikely, the canal levee could fail if overtopped. In the event the canal is breached, runoff would spread out and flow into the City of Arvin from the east. Noi flows have overtopped the canal levee since its opening in 1953, but water has ponded near thet top oft thel levee.  HAZARDOUS MATERIALS  The California Code of Regulations defines al hazardous material as a substance that, because of physical or chemical properties, quantity, concentration, or other characteristics, may either (1) cause ani increase in mortality or an increase in serious, irreversible, or incapacitating, illness or (2)1 pose a substantial present or potential hazard tol human health or environment when improperly treated, stored, transported or disposed of, or otherwise: managed. Hazardous waste isl hazardous materials that no longer have practical use, such as substances that have been discarded, discharged, spilled, contaminated, or areb being stored priort toj proper disposal. Ah hazardous materials incident involves the uncontrolled release ofal hazardous substance during Ina addition, the Californial Legislature has passed al law, 65962.5(a)ofthe Government Code, whichrequires persons applying for development projects to review a listing of all hazardous waste sites. Ifthe site of your proposed development project is included on the list ofhazardous waste sites (Kern County Cal/EPA below), then: it shall be noted. Please review the website Mppeviptordicagew typei in Arvin, CA The State's Accidental Release Prevention Law provides consistency with Federal laws (i.e., the Emergency Preparedness and Community Right-to-Know Act and the Clean Air Act) regarding accidental chemical releases and allows local oversight of both the State and Federal programs. State and Federal laws are similar in their requirements; however, the California threshold planning quantities for regulated substançes are lower (stricter) than the Federal quantities. Local agencies may set lower reporting thresholds or add additional chemicals to the program, The Accidental Release Prevention Law is  storage, use, or transport.  for most recent listing.  Arvin Safety Map 2024  Page 18 of33    2024 Update - Arvin Safety Element  implemented by the Certified Unified Program. Agencies (CUPAS) and requires that any business utilizing a greater quantity of a regulated substance than the specified threshold quantity, register with the responsible CUPA as a manager of regulated substances and prepare a Risk Management Plan. AJ Risk Management Plan must contain an off-site consequence analysis, a five-year accident history, an accident prevention program, an emergency response program, and a certification ofthet truth and accuracy ofthes submitted information. Businesses submit theirj plans to the CUPA, which makes thej plans available to emergency response personnel. The Business Plan must identify the type of business, location, emergency contacts, emergency procedures, mitigation plans, and chemical inventory at each location. Under CUPA, site inspections of these hazardous materials programs (above ground storage tanks, underground storage tanks, hazardous waste treatment, hazardous waste generators, hazardous materials management and response plans, and the California Fire Code) are consolidated and accomplished by a single inspection. In addition, this program provides emergency response to chemical events to furnish substance identification; health and environmental risk assessment; air, soil, water, and waste sample collection; incident mitigation and cleanup feasibility options; and on-sçene coordination for state superfund incidents. The program also provides for the oversight, investigation, and remediation of The CUPA for the City of Arvin is Kern County's Environmental Health Services Department. The Environmental Health Services Department (EHSD) was established in 1989 by the Board of Supervisors. The EHSD's Hazardous and Solid Waste Division is designed to protect the public health and the environment int thea areas ofhazardous: material and waste surveillance: and enforcement, radiological health, vector control, solid waste: and infectious waste. Legal authority fort these programs is provided by a variety of state and local statutes including the California Health and Safety Code and the California Code of Regulations, which designates the EHSD as the Local Enforcement Agency for the California Integrated Kern County Environmental Health Division, Hazardous Materials Emergency Response program serves to protect the residents of Kern County by responding to hazardous materials emergencies. The first responders perform health and environmental safety assessments, substance identification and monitoring as part of an interagency Emergency Response team as well as provide and oversee investigation and  unauthorized releases from underground tanks.  Waste Management Board.  cleanup ofi incidents activities.  Transportation of] Hazardous Materials  Hazardous substance incidents could occur in Arvin due to the presence ofl highways and railways. The transport of hazardous materials may occur along the San Joaquin Valley Railroad spur and/or Hwy 223 (Bear Mountain Blvd.) which traverse the City. In the event of train derailment, hazardous materials transported on the rail line could be released impacting adjacent development and properties. Given the City's reliance on groundwater, the potential release of hazardous materials could migrate into the Transportation of hazardous materials/wastes is regulated by California Code of Regulations (CCR) Title 26. The United States Department of Transportation (DOT) is the primary regulatory authority for the interstate transport of hazardous materials. Thel DOT establishes regulations for safe handling procedures (i.e., packaging, marking, labeling, and routing). The CHP and Caltrans enforce Federal and State regulations and respond to hazardous materials transportation emergencies. Emergency responses are coordinated as necessary between Federal, State, and local governmental authorities and private persons  groundwater aquifer, potentially contaminating the City's drinking water supply.  through a State Mandated Emergency Management Plan.  Arvin Safety Map 2024  Page 19 of33    2024 Update - Arvin Safety Element  Hazardous Materials Sites  Hazardous materials can bei found in certain businesses in Arvin including production or service processes, which generate hazardous waste. These businesses include automotive services, dry cleaners, photo processing, printing lithography, and medical services. The Kern County EHSD is responsible for the remediation of the Underground Storage Tanks through alternatives including soil washing, vapor extraction, bioremediation, andp pump and treat oft the contaminated groundwater. Remediation alternatives would provide benefits oft no contamination of groundwater and soil. Facilities handling moderately and extremely hazardous materials have a greater chance of significant onsite and offsite consequences ifthe hazardous materials are released. The last inspection date and category are used to determine inspection  priority and frequency, respectively. Hazardous Waste  Hazardous waste: is waste with properties that make it dangerous or potentially harmful tol human health or the environment. Residential Hazardous Wastes arep products purchased for use in or around thel home, that wheni improperly discarded, may threaten human health or the environment including household cleaners; deodorizers; personal hygiene products; pesticides; herbicides; insecticides; pet care products; paint products; photographic chemicals; swimming pool chemicals; and automotiveproducts & fluids.2 Business Hazardous Waste is generated during the course of operating a business including schools, government agencies, churches, farms, landlords, property managers, ranches, non-profit organizations as well as conventional businesses. Kern County area landfills do not accept hazardous waste. However, households may bring residential hazardous wastes to one oft three County Special Waste facilities or hazardous waste collection events in the county, while businesses that generate hazardous waste are required by state and federal law to contract with registered hazardous waste transporters and disposers. The Kern County Special Waste Facilities serve the hazardous waste disposal needs of Kern County businesses including within the City of Arvin. The Conditionally Exempt Small Quantity Generator (CESQG) Program allows eligible businesses tol bring hazardous waste to one of three Special Waste Facilities serving Kern County. State and Federal Laws limit the use of this type of program to businesses that qualify as a CESQG. Businesses generating larger amounts are required to useal licensed hazardous wastel hauler to manifest and transport their waste. Historical accumulations of waste may require the services ofal licensed hazardous OIL WELLS-SITE DEVELOPMNET ADJACENT TO AND OVER ABANDONED OIL  waste. hauler. AND GAS WELLS Oil Well Hazards  The City of Arvin has several active and abandoned Oil and Gas Wells within its jurisdiction and within its Sphere of Influence. Issues related to oil well productions include occasional spills of crude oil and groundwater contamination. More long-term issues involve the decommissioning oft the oil wells, abandonment oft the wells and development oft the area after iti is no longer used as an oil well. Wells must be vented to the atmosphere and plugged for several hundred feet with cement or clay- Hazards exist for both active and abandoned oil wells. Potential hazards from active oil wells include potential soil and groundwater contamination, as well as thei release of methane gas. The abandonment of oil wells falls with thej jurisdiction of the California Department ofConservation; Geologic Energy Management Division, CalGEM. The California Geologic Energy Management  based: mud according to the specification int the  Arvin Safety Map 2024  Page 20 of33    2024 Update - Arvin Safety Element  Division (CalGEM) prioritizes protecting public health, safety, and the environment ini its oversight of the oil, natural gas, and geothermal industries, while working tol help California achieve its climate change and clean energy goal. Oil wells are: subject to regulation and oversight by CalGEM. Additionally, CalGEM provides regulations regarding thej placement ofs structures on abandoned oil well sites. Abandoned wells must be vented to the atmosphere and plugged. A well is plugged by placing cement int the well-bore or casing at certain intervals as specified in California laws or regulations Abandonment/Reabandonment Guidelines) published by and regulated by the California Department of Conservation; Geologic Energy Management Division, CalGEM.  Construction Site Well Review Program:  Prior to the development of lands where abandoned or activity wells exist, the City will contact the California Department of Conservation; Geologic Energy Management Division, CalGEM, for assistance ini the development review process. The CalGEM is charged with implementing Section 3208.1 oft the Public. Resources Code (PRC). As ai result, the Division developed the Construction Site Welll Review Program to assist local permitting agencies in identifying and reviewing the status Before issuing building or grading permits, local permitting agencies review andi implement the Division' s preconstruction requirements. Interaction between local permitting agencies and the Division helps resolve land-use issues and allows for responsible development in oil and gas fields. California Public. Resources Code Section 3208.1 intent is toj prevent, as far as possible, damage to life, health, and property. The operator responsible for plugging and abandoning deserted wells under Section 3237 shall be responsible for the abandonment as provided in Section 3208.1(a).  ofoil or gas wells located: near or beneath proposed structures.  FIRE HAZARDS Wildland Fires  A wildland fire is a large destructive fire that spreads quickly over woodland or brush. The California Department of Forestry and Fire Protection (CAL FIRE) conducts firel hazard severity mapping including mapping areas ofs significant firel hazards based oni fuels, terrain, weather, and other relevant factors. These zones, referred to as Fire Hazard Severity Zones (FHSZ), define the application of various mitigation strategies toi reduce risk associated with wildland fires. According to thel Kern County Fire Hazard Severity Zone (FHSZ) map, there are no Fire Hazard Severity Zones (FHSZ) located within the Arvin Planning  Area.  Arvin! Safety Map 2024  Page 21 of33    2024 Update - Arvin Safety Element  Figure 4.82. City of Arvin Wildfire Risk  P apdyon    Ap!  A4LP40)  oprg 10ja3MN  py ohpa 3  Kern! Multi Jurisdiction Hazard Mitigation Plan September 2012  FINAL  4288 amec  Structure Fires  There is the potential for Arvin to experience structure fires, including homes, industrial and commercial buildings, and other facilities. Many fires are related to human behavior or buildings that do not meet current fire regulations. Fires vary in terms of their potential threat tol life and property. Areas with older buildings and deteriorated structures tend to have higher fire hazards. Generally, the risk ofi injury and damage is greater for higher occupancy structures, such as apartment buildings, hotels, hospitals, and  Arvin Safety Map 2024  Page 22 of33    2024 Update - Arvin Safety Element  churches. Land use considerations affect fire potential, as industrial and commercial areas tend to have higher risks of fire associated with operations. Consideration for firej protection in the City also involves adequate access for fire and emergency: response as new areas develop within thel Planning Area.  AIRPORT OPERATIONS  The nearest public use airport is the Bakersfield Municipal Airport which is located approximately 18 miles to the northwest, and thei nearest private airporti is the agricultural (crop dusting) landing stripl located pproximatelyaquarer  mile to the southwest oft the city limits.  EMERGENCY SERVICES, PREPAREDNESS, AND RESPONSE  Fire Protection Services  The City of Arvin provides fire prevention, fire protection, emergency: medical services, and related services through a contract with the Kern County Firel Department (KCFD). Other Fire Department functions include hazardous materials mitigation, public education and training, arson investigation, air operations, and apparatus maintenance. The Department provides service to Arvin and the surrounding area from Station 541 located at 301 Campus Drive in Arvin (Figure II-3). KCFD employs more than 625 permanent staff, and serves an area spanning more than 8,000 square miles and aj population of more than 500,000. Station 541 maintains a staff ofthree full-time firefighters equipped with two Typel 1 engines and one' Type 41 FWD Watershed Patrol. In the event that additional personnel are needed to address an emergency, Station 51 is located in] Lamont approximately 6.2 miles to thei northwest.  Fire Prevention  The fire prevention inspection program consists ofTitle 191 mandatory inspections, miscellaneous or permit inspections and the Companyl Fire inspections which ared completed by fires station personnel. Arvinutilizes its Municipal Code to promote public safety and welfare and toj prescribe regulations governing conditions hazardous to life and property from fire or explosions by the adoption of minimum fire prevention  standards.  Police Protection Services  The Arvin Police Department is a full-service department with a variety of specialties and community services. Thel Police Department strives to work as partners with the community to serve andj protect. They provide law enforcement services that focus on building the quality of life of citizens and visitors in the City through proactive problem solving, fair and equitable police services, and utilizing resources effectively. The Police Department ensures public safety in the community by responding to all crime- related matters, hazardous situation incidents, neighborhood disputes, and suspicious activities. The City's public safety services include Administration, Animal Control, Dispatch, Patrol, School Resources Officer. The Traffic Division is dedicated to keeping citizens safe int the City whether they are driving, biking, or walking by incorporating traffic education through enforcement, seminars at local schools to educate students on the rules oft the roadway and to conduct traffic collision investigations. The Police Department School several community programs including thel Police Explorer Program that allows community members to experience first-hand how the department functions and what it takes to get started ina a law enforcement career and the Citizen Volunteer Program in which volunteers donate their time  assisting patrol officers or attending special events.  Arvin Safety Map 2024  Page 23 of33    2024 Update Arvin Safety Element  Emergency Medical Services  Thel Emergency Medical Services] Department (EMS)ist thel lead agency fort the emergency medical services system in] Kern County. Inl Kern County, thel Board of Supervisors designated the EMS Department as the Local EMS Agency. The Kern County Ambulance Ordinance, which governs the majority of the pre- hospital systems int the County, was adopted by thel Board of Supervisors in November 1990, and became effective on February 28, 1991. As a result of this ordinance and the subsequent regulations, the EMS System in Kern County became more structured and included, for the first time, measurable standards for the response of paramedic level of care to the citizens of Kern County during an emergency. EMS is responsible for coordinating all system participants in the County. Participants include the public, fire departments, ambulance companies, other emergency service providers, hospitals, and EMT training programs. EMS also provides certification and re-certification for EMT's, paramedics, specialized nurses, EMS includes a system of services organized to provide rapid response to serious medical emergencies, including immediate medical care and patient transport to definitive care in an appropriate hospital setting. While most EMS responses are day-to-day emergencies, EMS agencies also plan and prepare for disaster medical response. In addition, EMS is becoming more and morei involved with preventativel health  and specialized dispatchers.  care and managed carei int the overall scope ofi its functions. EMS includes:*  Public safety dispatch; Fire services first response and treatment; Law enforcement agencies; Hospitals and specialty care centers; Managed care organizations; Preventative health care; and Citizen and medical advisory groups. Emergency Communications Center  Private ground and air ambulance response, treatment and transport; Training institutions and programs for EMS personnel;  The Emergency Communications Center (ECC) is responsible for receiving and dispatching all fire, medical and rescue calls. Thel ECC: receives transfers calls from 21 different law enforcement agencies and gives calls to seven different private ambulance companies with an annual call volume at approximately 86,000 calls. All calls requiring medical aid or ambulance dispatch are put through thel National Academy of Emergencyl Medical Daypaleh(MDpolocoh, insuring that all medicallyrelated calls willl bej processed the same way and the appropriate response is sent on every call. Italso requires dispatchers to remain on the line for life threatening emergencies and give appropriate pre-arrival instructions to the caller such as CPR, the Heimlich maneuver, and childbirth. During fire season, wildland fire dispatching is a large part of ECC operations, utilizing Resource Ordering and Status System (ROSS) to ensure that responders receive the needed resources to fight wildland fires, from engines, bull dozers, hand crews, and aircraft.  Emergency Operations Center  The Emergency Operations Center (EOC) is a centralized location to support multi-agency and/or multi- jurisdiction disaster response coordination and communication. Unique to the State of California is the definition of an Operational Area, which includes all political subdivisions within the County boundary. Onl behalfofthel Kern Operational Area, thel Kern County EOC will serve as the designated point ofcontact between thej jurisdictions within the County, as well as between the! State and the Operational Area. During  Arvin Safety Map 2024  Page 24 of33    2024 Update - Arvin Safety Element  an emergency, staffint the EOC will facilitate effective emergency management. The EOC supports multi-  agency and multi-jurisdiction coordination and communication.  Emergency Operations Plan  The Kern County Emergency Operations Plan establishes an emergency management organization and assigns functions and tasks consistent with California's Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The County of Kern is the lead agency for the Kern Operational Area and is tasked to coordinate emergency activities between the county, cities, and special districts and to serve as a communications link focusing on the collection, processing, and dissemination of vital disaster information. The Plan provides for the integration and coordination of planning efforts ofthe County/Operational Area with those ofi its cities, special districts and the state. The content is based on guidance provided by the California Emergency Management Agency, FEMA, and Department of Homeland Security. The intent oft the Plan is to facilitate emergency response and short- termi recovery byp providing ai framework for responset to all significant emergencies, regardless ofthei nature  oft the event. The Plani is comprised ofi four major parts as follows:s  Basic Plan - Overview of County/Operational Area's emergency management program, General Procedures - Emergency procedures to be implemented by employees at the time ofa Emergency Operations Center (EOC) Procedures and Annexes - EOC procedures, annex and Contingency Plans - Event-specific information and emergency instructions (e.g., Terrorism). The Contingency Plans are separate documents that may bei implemented independent oft the Plan Further, Kern County's Health and Medical Branch, comprised of EMS, Department of Public Health (DPH), Environmental Health Services (EHS) and Mental Health Services (MHS), oversees and coordinates disaster medical and mental health care and public and environmental health services on a countywide basis in the field, Department Operations Centers (DOC), and County/Operational Area (OA)  Emergency Management Organization, and concept ofe emergency operations.  major emergency or disaster.  checklists for each major EOC: function, and resource and contact lists.  and arei incorporated into the Plan by reference.  Emergency Operations Center (EOC). Terrorism Response and Recovery Plan  The Terrorism Response and Recovery Plan describes the emergency procedures that will be used in the event ofat terrorist threat ori incident that occurs or impacts thel Kern County Operational Area (OA), which includes Arvin. This Plan is designed to establish responsibilities, and to coordinate preparedness, response, and recovery from a terrorist-initiated incident, with emphasis placed upon incidents involving Weapons of Mass Destruction (WMD). The contingency plan supplements the existing Kern County Emergency Operations Plan. Iti isi intended toj provide general guidance. Actual response will be dependent upon conditions existing at the time oft the emergency, including the availability of local and mutual aid  resources.  Arvin Safety Map 2024  Page 25 of33    2024 Update - Arvin Safety Element  Evacuation Routes  Currently, the City of Arvinl has no defined emergency routes. SR 233 (Bear Mountain Boulevard) would serve as the primary emergency routes since it bisects the City and provides an east west regional access to SR-99 and I-5 within Kern County and Sr-58 Bakersfield-Tehachap! Hwy) to the east.  Emergency Incident Information and Notification  Kern County has implemented ReadyKern, an emergency notification system that alerts residents and businesses about natural disasters and other crises. The emergency notification system enables Kern County to provide essential information quickly in a variety of situations, such as earthquakes, severe weather, fires, floods, or evacuation ofbuildings or neighbourhoods. Residents and businesses with listed telephone numbers and thoset that register for notifications receivear message about aj potential safety! hazard or concern. Messages are sent to all standard voice and text communication devices, including land line phones, cell phones, and e-mail. Ifreceipt oft the messagei is not confirmed, the system will try to reach the second contact number or email. The system will continue trying to contact someone until it receives a When the EOC is activated during an emergency, the Joint Information Centre (JIC) is established to coordinate, develop, and disseminate emergency-related, publici information. The. JIC: is the central point of contact for all news media. Public information officials from all participating agencies/jurisdictions are collocated at the. JIC. The news media receives regular briefings about the emergency in thel Media Room  confirmation.  adjacent to the JIC. Drought Severity residents.  The 2020 Kern MJMHP has identified drought as an area of concern that may impact the  The following list the description of potential issues relating to drought:  1. Arvin relies entirely on groundwater, aquifer depletion resulting from drought reduces the amount ofwater available. This affects both public waters supplies and private wells. 2. Drought can cause significant property damage, as well as reductions in crop productivity and livestock, which results in increased cost of food production. 3. Existing City codes and regulations do not require or incentivize water conservation measures, including requiring low-flow toilets and showerheads. The 2020 Kern MJHMP has identified several mitigation measures that may assist in thel lessening 1. Wind Breaks: In collaboration with Kern County, implement wind breaks to prevent wind erosion leading to soil instability and increasing risk oflandslides that could shut down or reduce capacity on Highway 223. Wind break erosion mitigation examples include solid fences, porous fences, straw bales, soil surfacei modification, berms, and 2. Implementation of Wind Breaks will have a long-term impact on the reduction of risk exposure for life and property, or projects will not provide an immediate reduction in  ofd drought conditions:  landscaping.  the risk exposure for property.  Arvin Safety Map 2024  Page 26 of33    2024 Update - Arvin Safety Element  Establishment of Drought Reduction Programs:  The City of Arvin may establish drought reduction programs through the following:  1. Conduct wind erosion awareness outreach: outreach and educational programming to property owners and agricultural operators about wind erosion and mitigation techniques such as introducing cover crops, eliminating tillage, and avoiding over grazing. This could help avoid road closures associated with sheet flooding and 2. Develop and implement a public education campaign around water conservation 3. Adopt a new water conservation ordinance for commercial and residential land uses  landslides on roadways providing access to Arvin.  limiting outdoor watering  Figure 1-6: City of Arvin - Drought Severity Timeline - Middle Kern-Upper Tehachapi-  Grapevine - Excerpt from 2020) Kern MJHMP DROUGHT SEVERITY TIMELINE  MIDDLE KERN-UPPER TEHACHAP  S  UPPER KERN Isabella SOUTH FORK  ODELANO UPPER DEER-UPPER WHITE O_MCFARLAND OWASCO SHAFTER  TULARE LAKE, BED  RIDGE KERN INDIAN WEL SEARLES VALI  UPPER POSO: OBAKERSFIELD  OARVIN MIDDLEIKERN-UPPER TEHACHAPI GRAPEVINE Castac Lake  OTAFT MARICOPA  JEHACHAPI  CALIFORN! O ANTELOPE-FREMON, VALLEYS Rosamond Lake  LEGEND  WATERSHED BOUNDARY USGSNHOHUC8 MUNICIPALITY  MIDDLEKERNEUPPER TEHACHAP-GRAPEYINE WATERSHED  - 8 CHARTLEGEND  DO  D1  D2  D3  D4  AbnormallyDry Moderatel Drought Severel Drought Extremel Drought ExceptionalDrought  Arvin Safety Map 2024  Page 27 of33    2024 Update - Arvin Safety Element  GOALS AND POLICIES  This section contains goals and policies that provide fort the safety and protection of life and property from the occurrence of a natural or manmade hazard. Citywide safety goals and policies apply generally to any potential hazardous event, which may be addressed further in topic-specific goals and policies.  Citywide Safety Goal SAF-1:  A community protected from and prepared for natural and man-made hazards.  Policy SAF-1.1: Support projects, programs, policies, and regulations to mitigate potential impacts Policy SAF-1.2: Regularlyp participate in the maintain and update oft thel Kern County Multi-Jurisdiction Policy SAF-1.3: Support programs, policies, and regulations that discourage or limit development  associated with natural and man-made hazards.  Hazard Maintenance Plan: relevant to the Arvin Local Hazard Mitigation Plan. within areas that are vulnerable toi natural disasters, particularly in areas with recurring  damage.  Policy SAF-1.4: Support programs that promote greater public awareness of disasterrisks, personal and Policy SAF-1.5: Investigate and pursue available funding sources to fund safety programs, provide  business risk reduction, and personal and neighborhood emergency response. services, upgrade/construct facilities, and purchase equipment.  Geologic and Seismic Hazards  Goal SAF-2:  A community protected from loss of life or injury and damage to property due to  geologic and seismic hazards. site design, and construction standards.  Policy SAF-2.1: Continue to incorporate geotechnical hazard data in future land use decision-making, Policy SAF-2.2: Adopt the latest version of the building codes adopted by the State of California and Policy SAF-2.3: Require site-specific soils and/or geologic reports for development in areas where Policy SAF-2.4: Monitor and enforce mitigation measures to reduce risks for projects where seismic  ensure: implementation in all new construction and renovations.  potentially serious geologic risks exist.  and geologic hazards canl ber mitigated and! prohibit development in areas where seismic  and geologic hazards cannot be mitigated.  Policy SAF-2.5: Promote the upgrade, retrofitting, and/or relocation of all existing critical facilities  (e.g., police and fire stations, hospitals, schools, community centers, water facilities, public works yard, emergency access routes) and other important public facilities that do not meet current building code standards and are within areas ofs seismic or geologic  hazard risks.  Policy SAF-2.6: Continue to seek out opportunities to educate and encourage the community on ways  to implement measures to mitigate potential injury and damage associated with  earthquakes. Arvin Safety Map 2024  Page 28 of33    2024 Update - Arvin Safety Element  Flood Hazards Goal SAF-3:  A community protected from loss ofl life or injury and damage to property due to  flood hazards.  Policy SAF-3.1: Continue to work with the appropriate local, State, and Federal agencies to maintain  the most current flood hazard and floodplain information and use it as a basis for  project review and to guide development.  Policy SAF-3.2: Actively promote and participate in a regional drainage analysis and implementation  of regional and local flood control measures to reduce regional flooding conditions  within the City.  Policy SAF-3.3: Continue to participate in the National Flood Insurance Program (NFIP) and ensure  that City regulations are in full compliance with the standards adopted by the Federal  Emergency Management Agency (FEMA). within the City's jurisdiction.  Policy SAF-3.4: Implement recommendations contained in the Arvin Storm Drain Master Plani that are Policy SAF-3.5: Minimize whenever possible flood risks associated with existing development. Policy SAF-3.6: Require evaluation of potential flood hazards prior to approval of grading permits and Policy SAF-3.7: Identify construction or other methods to minimize damage if new development is Policy SAF-3.8: Prohibit or require mitigation of new development within the 100-year flood zone  require floor elevation certification as required by Chapter 15.32 Flood Management.  located ini flood hazard zones.  unless it can bes shown that the development will not:  Create danger tol life and property due toi increased flood heights or velocities caused by excavation, fill, roads andi intended use. Create difficult emergency vehicle access in times of flood. Create a safety hazard duei to the unexpected: heights velocity, duration, rate of rise and sediment transport oft the flood waters at the site. Create excessive costs in providing governmental services during and after flood conditions, including maintenance and repair of public facilities. Interfere with the existing waterflow capacity of the floodway. Substantially increase erosion and/or sedimentation. Change the water storage/volume capacity oft the flood basin.  Policy SAF-3.9: Require that essential public facilities be located and designed to mitigate potential Policy SAF-3.10: Promote low impact development techniques and design features such as pervious  flood risk to ensure. long term operation.  paving, on-site groundwater recharge, rainwater harvesting, minimization of building footprints, and bioretention to improve defensive measures against storm events and  stormwater pollution.  Policy SAF-3.11: Educate property owners and residents located in flood hazard areas about  opportunities to mitigate flood hazards and damage, implementation of flood  Arvin Safety Map 2024  Page 29 of33    2024 Update Arvin Safety Element  preparation activities, and evacuation and recovery efforts associated with a flooding  event.  Policy SAF-3.12: Continue to encourage and support efforts of Kern County and the Bureau of  Reclamation in the proper maintenance and repairs of the Friant-Kern Canal are  accomplished.  Hazardous Materials Goal SAF-4:  A community protected from the harmful effects of hazardous materials,  hazardous waste, and environmental contamination.  Policy SAF-4.1: Ensure that land uses involved in the production, storage, transportation, handling, or  disposal ofl hazardous materials are located and operated to reduce risk to other land  uses.  Policy SAF-4.2: When approving new development, ensure that the site:  Iss sufficiently surveyed for contamination and remediation, particularly for sensitive uses near existing or former toxic or industrial sites. Is adequately remediated to meet all applicable laws and regulations, if Isp protected from known hazardous and toxic materials.  necessary. materials.  Iss suitable for human habitation.  Does not pose higher than average health risks from exposure to hazardous  Policy SAF-4.3: Assist thel Kern County Health Department in monitoring the operations ofbusinesses  and individuals that handle hazardous materials through the planning and business  permit processes.  Policy SAF-4.4: Work with the appropriate Federal, State, regional, and local agencies to identify  previously unidentified contaminated sites int the City, particularly on sites with al high likelihood of past contamination, such as old gas stations or industrial sites, and work with thej property owners and applicable agencies to remediate them.  Policy SAF-4.5: Ensure the safe transport ofl hazardous materials through the City by:  Restricting transport of] hazardous materials within Arvin to designated routes. Prohibiting the parking of vehicles transporting hazardous materials on City Requiring new pipelines or other channels carrying hazardous materials avoid  streets.  residential areas to the greatest extent possible. ofhazardous materials on SR-223 (Bear Mountain Blvd.)  Policy SAF-4.6: Support Caltrans and California Highway Patrol efforts to ensure safe transportation Policy SAF-4.7: Assist Kern County. Health Department in the education ofresidents and businesses on  how toi reduce or eliminate the use ofhazardous materials and products, and encourage  the use ofs safer, nontoxic, environmentally friendly equivalents.  Arvin Safety Map 2024  Page 30 of33    2024 Update - Arvin Safety Element  Policy SAF-4.8: Assist Kern County Health Department and the Sanitation District in raising public Policy SAF-4.9: Prior to the development ofl lands where abandoned or activity wells exist, the City  awareness of appropriate disposal for household hazardous waste and publicize  collection events and locations.  will contact thel Department of Conservation; Geologic Energy Management Division, CaIGEM for assistancei in the development review process. The Department of Conservation; Geologic Energy Management Division, CaIGEM is charged with implementing Section 3208.1 oft the Public Resources Code (PRC). As aresult, the Division developed the Construction Site Well Review Program to assist local permitting agencies ini identifying and reviewing the status of oil or gas wells Before issuing building or grading permits, local permitting agencies review and implement thel Division's preconstruction of well: requirements. Interaction between local permitting agencies and the Division helps resolve land-use issues and allows California Public Resources Code Section 3208.1 intent is to prevent, as fara as possible, damage to life, health, and property. The operator responsible for plugging and abandoning deserted wells under Section 3237 shall be responsible for the re-  located near or beneath proposed structures.  for responsible development in oil and gas fields.  abandonment as provided in Section 3208.1(a).  Fire Hazards Goal SAF-5:  A community protected from loss of life or injury and damage to property due to  fire hazards.  Policy SAF-5.1: Continue to coordinate fire protection services with Kern County Fire Department to  ensure sufficient capacity, stations, personnel, and equipment are available to meet growth needs in Arvin for fire protection and related emergency services.  Policy SAF-5.2: Ensure adequate water supply and water pressure is provided throughout the City for Policy SAF-5.3: Ensure all new development provides adequate access for emergency vehicles and Policy SAF-5.4: Regularly update building and fire codes to provide for fire safety design. Policy SAF-5.5: Promote public safety education programs to reduce accidents, injuries, and fires, as Policy SAF-5.6 Investigate the development and adoption of Fire Impact Fees to off-set the increase Policy SAF-5.7 Enforce and maintain weed abatement and brush clearance programs to reduce  firefighting purposes. evacuation.  well as to train: members oft thej public to respond to emergencies.  cost of fire protection.  Fire hazards to developed property int thei immediate vicinity of vacant undeveloped  land.  Arvin! Safety Map 2024  Page 31 of33    2024 Update - Arvin Safety Element  Emergency Services, Preparedness, and Response  Goal SAF-6:  A community prepared to provide effective response and recovery efforts in the  event of an emergency.  Policy SAF-6.1: Continue to implement emergency preparedness and response measures in Policy SAF-6.2: Participate in Kern County trainings on emergency operations procedures and Policy SAF-6.3: Support policies and programs that ensure adequate resources are available toi respond Policy SAF-6.4: Investigate and seek out opportunities to improve emergency access and circulation Policy SAF-6.5: Asi in the development ofa and provide residents and businesses with information about  coordination with Kern County's Emergency Operations Plan.  response.  tol health, fire, and police emergencies. throughout the community.  local safety hazards and emergency plans, including evacuation plans and procedures toa accommodate special needs populations and efficient post-disaster recovery.  Policy SAF-6.6: Support policies and programs to involve and educate the community in emergency Policy SAF-6.7: Collaborate with the school district, businesses, nonprofit organizations, and Policy SAF-6.8: Involve the Police Department in the development review process to address safety  preparedness.  community members/groups to maintain safety throughout the City.  concerns, access issues, and potential traffic conflicts, and identify opportunities to apply Crime Prevention Through Environmental Design (CPTED) principles.  Drought Severity  Goal SAF-7: Create educational and drought reduction programs to assist in the avoiding Policy SAF-7.1: Continue thei implementation oft the Arvin Municipal Codes Chapter 15.38 Water  drought.  Efficient Landscape Regulations: Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping, and the State of California Chapter 2.7. Model Water  Efficient Landscape Ordinance (MWELO).  Policy SAF-7.2: Require Certificate of Compliance from Licensed Landscape Architects or other  qualified professionals for the preparation of] Irrigation Plans, Landscape Plans, and Selections of plants and trees (Landscape Documentation Plans) Documentation Package and Irrigation Planj prior to the issuance of Certificate of  Policy SAF-7.3: Required the Certification of Installation According to the Landscape  Occupancy for new construction.  Policy SAF-7.4: Cooperate with Kern County int the development ofand implementation of wind  breaks to prevent wind erosion leading to soil instability and increasing risk of landslides that could shut down or reduce capacity on Highway 223.  Arvin Safety Map 2024  Page 32 of33    2024 Update - Arvin Safety Element  Wind break erosion mitigation examples include:  1. solid fences, 2. porous fences, 3. straw bales, 4. soil surface modification, 5. berms, and 6. landscaping.  Policy SAF-7-5: Develop and implement a public education campaign around water conservation Policy SAF-7.6: Adopt new water conservation ordinance for commercial and residential land uses  limiting outdoor watering  Arvin Safety Map 2024  Page 33 of33    RESOLUTION: NO. 2021-55  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN ADOPTING THE UPDATED KERN MULTIJURISDICTION HAZARD MITIGATION PLAN; AND AUTHORIZING RELATED ACTIONS.  Section 1. WHEREAS:  (a) The City of Arvin, a political subdivision of the State of California, is an (b) The City of Arvin recognizes the updated MJHMP as the official hazard (c) The City of Arvin has gathered information and prepared the updated (d) Volume 1 oft the updated MJHMP recognizes the threat that natural hazards (e) The City of Arvin's Annex to Volume I oft the updated MJHMP provides (f) The City of. Arvin has reviewed Volume 1 oft the updated MJHMP and its (g) The U. S. Congress passed the Disaster Mitigation. Act of2 2000 ("Disaster (h) The Disaster Mitigation Act made available mitigation grants to state and  official participating. jurisdiction in the updated Kern Multi-Jurisdiction Hazard Mitigation Plan  ("MJHMP"); and  mitigation plan for participating, jurisdictions; and  MJHMP in accordance with Federal Emergency Management Agency (FEMA) requirements at  44 CFR $ 201.6; and  pose to people and property Kern County-wide; and  additional information specific to the The City of Arvin, with a focus on providing additional details on thej planning process, risk assessment, and mitigation strategy for this community; and Annex and affirms that thej plan actions in Volume 1 and its Annex should reduce the potential for harm toj people and property from future hazard occurrençes within the community; and Mitigation Act") emphasizing the need for pre-disaster mitigation of potential hazards; and  local govemnments; and programs; and  An adopted hazard mitigation plan is required as a condition of future  funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant  () The City of Arvin fully participated in the FEMA-prescribed mitigation (k) The residents were afforded opportunities to comment and provide input in (I) The City of Arvin, as a fully participating jurisdiction of the updated  planning process to prepare this updated MJHMP; and the updated MJHMP and the mitigation actions in the Plan; and  MJHMP, is an eligible sub-applicant to the State of California under FEMA's hazard mitigation  grant program guidance; and  Page lof3  Reso Adopling the Updated! Kem Mulli-urisdiction! Hazard Mitigation Plan.    (m) The Califomia Office of Emergency Services (Cal OES), and the FEMA (n) The City of Arvin desires to comply with the requirements of the Disaster (0) Adoption by the governing body for the The City of Arvin demonstrates the (p) Adoption of this plan helps to coordinate the responsible agencies to carry  Region IX officials have reviewed the updated MJHMP, and approved it contingent upon this Mitigation Act and to augment its emergency planning efforts by formally adopting the updated jurisdiction's commitment to fulfilling the mitigation goals and objectives outlinedi int this updated  official adoption by the participating governing body; and  MJHMP; and MJHMP; and  out their responsibilities under the updated MJHMP.  Section 2. NOW, THEREFORE, BE IT RESOLVED THAT: The City Council ofthe City  of Arvin does hereby:  1. This City Council oft the City of Arvin finds the facts mentioned above to 2. This City Council oft the City of Arvin does hereby adopt the updated Kern 3. This City Council of the City of Arvin will consider adopting the updated 4. This City Council of the City of Arvin authorizes the Director of Kern  bet true and further finds that this The City Council ofthe City of Arvin! hasj jurisdiction to consider, Multi-Jurisdiction Hazard Mitigation Plan Volume 1 and its Annex, as approved by FEMA and Kern Multi-Jurisdiction Hazard Mitigation Plan by reference into the safety element of their  approve, and adopt the subject oft this Resolution.  Cal OES, as the official mitigation plan for The City of Arvin.  general plan to conform with AB: 2140.  County Emergency Services to submit an approved and signed copy of this adoption resolution to the California Office ofl Emergency Services and FEMA Region IX officials to enable the plan's final approval in accordance with the requirements oft the Disaster Mitigation. Act of 2000.  IIIII III IIII IIIII HIIII IIIII IIIII Page2of3  Rcso Adopting thel Updated Kemn! Muli-Jurisdiction Hazard Mitigution Plan.    IHEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council oft the City of Arvin at a regular meeting thereofk held on the 10th day of August 2021 by  the following vote:  AYES: CM Reyes, CM Horton, CMI Borreli, Mayor Trujillo  NOES: ABSTAIN:  ABSENT: MPTI Franetovich  ATTEST  PAli Jali CECILIA VELA,City Clerk  By:  OLIVIA TRUJILLO, Mayor APPROVED. ASTOFORM:    By:.  dB NATHANHODGES, City Attorey Hodges Law Group  I,  City Clerk of the City of Arvin, California, DO  HEREBY CERTIFY that the foregoing is at true and accurate copy oft the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein,  Page3of3  Reso Adopting thel Updated Kem! Multi-urisdiction: Hazard Mitigation Plan.    KERN COUNTY  MULIJURISDICTION HAZARD MITIGATION PLAN  PARTICIPATINGJURISDICTION ANNEX  MUNICIPALITY  CITY OF ARVIN    COUNTY OF KERN Kern Multi-Jurisdiction: 20201 MJHMPI Update  INTENTIONAL BLANK: PAGE  11  FEMA/Cal OESSubmission: 05-19-2021    COUNTY OF KERN  Kern! Multi-Jurisdiction: 20201 MJHMPI Update  Kern County Multi-Jurisdiction Hazard Mitigation Plan CITY OF ARVIN (AR.) Municipal Participating. Jurisdiction. Annex  Adoption Record.. Section1. City of Arvin 1.1 Purpose. 1.21 Planning Methodology. 1.3 What's New. 1.41 Risk Assessment 1.4.1Hazard: Screening Criteria. 14.2Hazard! Risk Ranking. 1.4.3 Vulnerability. Assessment. 14.4Identify. Hazard Problem Statements. 1.51 Mitigation Strategy. 1.5.1Capabilities. Assessment. 1.5.2 Mitigation. Actions. List of Figures Figure 1-1City of Arvin Location. Figure 1-2. New SSCSD Office.. Figure 1-3:City of Arvin Risk Assessment.  V 1-1 1-1 1-1 1-2 .1-3 1-3 1-5 1-6 1-15 1-20 1-20 1-25  1-2 1-7 .1-8 1-9 1-10 .1-11 1-15 .1-25  Error! Bookmark: not defined.  Figure 1-4: City of Arvin -1 FEMAI Flood Zone Vulnerability & Exposure Snapshot.. Figure 1-5:City of Arvin - EQS. San Andreas Mojave N. Vulnerability &1 Exposure Snapshot. Figure 1-6:C City of Arvin - Subsidence Vulnerability & Exposure Snapshot. Figure 1-7:City of Arvin - Drought Severity" Timeline - Middle kemUpeTeachpomye  Figure 1-8. Guidance: for Problem Statements Figure 1-11. Mitigation Action Key.  iii  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction: 2020 MJHMP Update  ListofTables  Table 1-1:Planning Committee Members. Table 1-2.1 Hazard Prioritization Table 1-31 Document: Review Crosswalk. Table 1-4: NFIP Status' Table. Table 1-5 Problem Statements.  1-1 1-4 1-5 1-14 1-16 1-21 1-22 1-23 1-24 1-27  Table 1-6.1 Planning and Regulatory Capabilities Summary. Table 1-7. Administrative and technical capabilities summary Table 1-8.1 Financial capabilities summary Table 1-9. Education and outreach capabilities summary Table 1-10. City of Arvinl Mitigation Actions.  Adoption Record  To comply with DMA 2000, the County Board of Supervisors andj participating: jurisdictions have officially adopted this Kern County Multi-Jurisdictional Hazard Mitigation Plan Volume land Volume 2. The adoption oft thel MJHMP ini its entirety recognizes the jurisdictions' commitment to reducing thei impacts  ofi natural hazards within the County and Cities. See below record of adoption.  iv  FEMA/Cal OES Submission 05-19-2021    COUNTY OFI KERN  Kern) Multi-Jurisdiction: 2020N MJHMP Update  Section 1. City of Arvin  1.1 Purpose  This Annex details the hazard mitigation planning elements specific to the City of Arvin. This Annex is not intended tol be a standalone document but appends to and supplements the information contained in the umbrella plan document. As such, all sections of the umbrella plan, including the planning process and other procedural requirements apply to and were met by the City of Arvin. This Annex provides additional information specific to the City of Arvin, with a focus on providing additional details on the  planning process, risk assessment, andi mitigation strategy for this community.  Hazard. Mitigation Plan PointofContact  Primary Point of Contact Christine Viterelli, Grant Writer City of Arvin 200 Campus Dr, Arvin, CA 93203 Telephone: (661)854-3134 e-mail AdresscViteelCAvnOg 1.2 Planning Methodology  Alternate Point of Contact Cecilia Vela, City Clerk City of Arvin 200 Campus Dr, Arvin, CA 93203 Telephone: (661)854-3134 e-mail Address:o cvela@arvin.org  The City of Arvin followed the planning process detailed in' Volume 1, Section 3, including participating in the County Hazard Mitigation! Planning Committee (HMPC) and Steering Committee and formulating their own internal planning team to support thel broader planning process. Internal planning participants, their  positions, and how they participated in the planning process are shown in Table 1-1.  Table 1-1:1 Planning Committee Members Planning Committee Members Christine Viterelli Cecilia Vela Jerry Breckinridge Olan Armstrong Pawan Gill  Department Grant Writer City Clerk City Manager Lieutenant  Director of HR and Administrative Services  1-1  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN Kern Multi-Jurisdiction: 20201 MJHMP Update  Arvin.  KERN COUNTY  CA  Figure 1-1 City of Arvin Location 1.3 What's New  The City of Arvin hasl been mamgmpovementstowad reducing naturalhazard risks tol life and property since the existing MJHMP was adopted. The City reevaluated previous mitigation actions, including considerations of progress made on: mitigation efforts, and retained them as pending or ongoing; not tables for completed or cancelled mitigation actions are included. Ongoing and pending mitigation actions are  described in' Table 1-9.  1-2  FEMA/Cal OES Submission: 05-19-2021    COL  COUNTY OFI KERN  Kern] Multi-Jurisdiction: 20201 MJHMPI Update  1.4 Risk Assessment  The intent of this section is to profile the City of Arvin's hazards and assess the City's vulnerabilities, distinct from that of the County wide planning area. The hazard profiles in Volume 1 discuss overall impacts to the planning area and describes the hazard problem description, hazard extent, magnitude/seventy, previous occurrences of hazard events and the likelihood of future occurrences. For  more information on Risk Assessment Methodologies, see Vol.land Appendix A.  1.4.1 Hazard Screening Criteria  Planning' Team members from each participatingjurisdictioncollectively discussed whichl hazardss should be profiled in the Plan and which should not. The results of that discussion can be found in Table 1-2. Detailed hazard profiles of the most significant County wide hazards are described in Section 4 of Volume: 1. The Planning Team reviewed previously-prepared hazard mitigation plans and other relevant documents to determine the realm of natural hazards that have the potential to affect the City of Arvin. Table 1-3 provides a crosswalk of hazards identified in Vol.1oft this plan, the City of Arvin General Plan, and 2018 California State Hazard Mitigation Plan. The crosswalk was used to develop a preliminary hazards list, providing ai framework: for the Planning" Team: members to evaluate whichl hazards were truly relevant tot the City of Arvin and which ones' were not. Section 1.4.2below describes thel hazard risk ranking process that was performed by the planning team which prioritized hazards that are specifically relevant  to the City of Arvin.  1-3  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern] Multi-Jurisdiction: 20201 MJHMPI Update  Table 1-2.1 Hazard Prioritization Hazard Type Climate Change Dam failure Drought Dust Storms Earthquake Geologic Hazards Extreme Heat Extreme Cold Flood Hail Fog  Explanation Severe Weatherl hazard.  High priority county wide,profiled as part of Flood, Wildfire, and  High priority county wide, profiled hazard. High priority county wide, profiled hazard High priority county wide; profiled as) part of Severe Weather High priority county wide, profiled hazard Profiled as part of Severe Weather hazard Extreme cold is rare in Kern County and not) profiled in this plan High priority county wide, profiled hazard Hail events are rare in Kern County and not] profiled in this plan While fog events do occur within Kern County, they are: rare and are While hazardous materials can release and impact the County, there are better avenues to address this hazard outside this Plan. High priority county wide, profiled as part of Severe Weather While insects including Africanized honey bee and pinel bark beetle exist inl Kern County, this was not considered a priority and pests High priority county wide,profiled as part of Dam Failure Lightning was: not identified as aj priority for this] plan. While pandemic disease can impact the County, there are better avenues to address this hazard outside this plan. This hazard was not identified as aj priority Severe thunderstorms are rare: inl Kern County and not] profiled in High priority county wide,profiled hazard High priority county wide, profiled hazard not address human caused threats.  not considered aj priority  Hazardous! Material  High Winds/ Straight Line Winds Insect Hazards Levee Failure Lightning Pandemic Disease Radon Severe Thunderstorm Slope Failure Soil Hazards  are not profiled ini this plan  this) plan.  Terrorism/Human Caused Threats While terrorism is certainly ai threat to the County and participating  jurisdictions, iti is best addressed in other plans as this HMP does Impacts to the County from tornados are extremely unlikely, if any. Due to distance from volcanoes and thel limited chance of an eruption, this hazard was not identified: as a priority. High) priority county wide,profiled! hazard Profiled as part of Severe Weatherl hazard  Tornado Volcanic Activity Wildfire  Winter Storm /Freezel Events  1-4  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction 20201 MJHMP Update  Tablel 1-31 Document Review Crosswalk  2014 Kern County MJHMP  2012 Arvin General Plan  2009 Kern County 2018California State  General Plan  HMP  Hazards Agricultural Pests Climate Change Dam Failure Drought Earthquake Flood Insect Hazards Landslide Levee Failure Manmade Hazards Pandemic Disease Seal Level Rise Severe Weather Soil Hazards Terrorism &1 Tech Hazards Tsunami Volcano Wildfire  1.4.2 Hazard Risk Ranking  The City of Arvin's Planning Team used the same hazard prioritization process as the Kern County Planning Committee. This process is described in detail in Section 4.3.1 of Vol. 1. Figure 1-2 displays the results of the hazard risk ranking exercise that was performed by the Planning Team. The Planning' Team  chose to assess the City of Arvin's vulnerability to the following! hazards:  flood - earthquake  drought soil stablility  All of thesel hazardsl havel been profiled in Vol.loft this document." The purpose of this annex to specifically  address the City of Arvin's vulnerability to these specificaly-identified hazards.  1-5  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN Kern Multi-Jurisdiction: 20201 MJHMPI Update  1.4.3 Vulnerability Assessment  Assessing vulnerabilities exposes the unique characteristics ofi individual hazards andl begins the process of narrowing down which areas within the City of Arvin are vulnerable to specific hazard events. The vulnerability assessment considered unique locall knowledge ofl hazards and impacts anda laGISoverlaying method for examining: such vulnerabilities: morei in depth. Using these: methods, partcefpatingunisaictons  estimated vulnerable populations, infrastructure, and potential losses from hazards.  1.4.3.1 Risk Assessment  Each] participating) jurisdiction developed ai risk matrix that assessed thej probability andi impact of various hazards within the jurisdiction. Figure 1-2 is the jurisdiction's risk assessment, which was completed in part using the web based and interactive Risk. Assessment Mapping Platform (RAMP), accessed via the project website at wwmitgatehazariscom. RAMP allows interactive discovery of robust risk, vulnerability, and exposure data developed especially for Kern County. RAMP: is al mapping platform built specifically for mitigation planning. It displays County/jurisdiction facilities and buildings overlaid with natural hazards layers tol bringi interactivity andi individual discovery to the GIS analysis performed for the MJHMP. See Vol.1fora a detailed description of RAMP. Thel Planning Team used RAMP: in meetings and as needed to understand vulnerabilities to the City of Arvin. Users interactively filter facilities and buildings  by natural hazard zones and/or construction characteristics.  1.4.3.2 Snapshot Exposure Maps  Thei included snapshot maps, displayed below in Figure 1-31 through Figurel-6illustrates: the City of Arvin's  vulnerability to specific hazards. Figures include:  Figure 1-3:0 City of Arvin - FEMA: Flood Zone Vulnerability &1 Exposure Snapshot Figure 1-4:City of Arvin - EQ S. San Andreas! Mojave N. Vulnerability & Exposure Snapshot Figure 1-5:C City of Arvin - Subsidence Vulnerability &1 Exposure Snapshot Figure 1-6:City of Arvin - Drought Severity' Timeline - Middle Kem-UpperTehachapl-Grapevine Based on the above risk assessment, the snapshot maps focus on those hazards prioritized by the jurisdiction. These: maps helped the Planning' Team understand the exposure of population, parcels, and critical infrastructure to specific hazards. Each map contains an exposure summary that displays the percent of the population, the improvement and content value of parcels, and the amount of critical  infrastructure that is exposed to each respective hazard.  1-6  FEMA/Cal OES Submission 05-19-2021    COUNTY OFI KERN  Kern! Multi-Jurisdiction: 20201 MJHMPI Update  Risk Assessment Matrix Definitions  PROBABILITY RATING period?  IMPACT RATING  The likelihood of a hazard event occurring within a time In terms of injuries, damage, or death, would you anticipate Highly Highly likely 100% annual probability. Or event (multiple rivers flooding) in the same jurisdictional  impacts to be minor, limited, critical, or catastrophic when a significant hazard event occurs? The impact could bei in terms of one hazard event (flooding from a culvert failure) or a large-scale  Likely Likely to occure every yeari in yourl lifetime. boundary. Likely - between 10 & 100% annual  IMPACT Limited Critical  Minor critical facilities.  Catastrophic  Likely probability. Or will occur several times in Minor very few injuries, if any. Only minor property damage &  your) lifetime.  minimal disruption on quality of life. Temporary shutdown of Limited minor injuries only. Approx. 10% or less of property in Critical multiple deaths/injuries possible. Between 25% and 50% of property in disaster footprint is damaged or destroyed. 50% of property in affected area damaged or destroyed. Complete shutdown ofc critical facilities for 30 days or more. City Of Arvin Risk] Matrix  Possible - between 1 & 10% annual disaster footprint damaged or destroyed. Complete shutdown of Unlikely less than 1% annual probability. Complete shutdown of critical facilities for more than one week. Unlikely Or unlikely but possible to occur in your Catastrophic highi number of deaths/injuries possible. Moret than  Possible probability. Orl Likely to occur some time in critical facilities for moret than one day.  yourl lifetime. lifetime.  To concentrate: resources, thej jurisdictional planning team willi focus on' "High" and" Extreme-"risk! hazards. These hazards have the higher probability and greater impact as it relates to the jurisdictions Hazard definitions arei included in Vol. loft this plan. Some hazards are discussed: as subset hazards-E e.g., "Dam Failure" within the "Flood" hazard profile. Ifa hazardi isr not present on the risk matrix or areg greyi in color,t thej jurisdictional planningt team feltt thel hazard had a minimal footprint within their planning area and wasi not ranked. Hazard Information, / Legend: Climate change may. change the frequency, duration and intensity of hazards within each planning area. If applicable Climate E Change impacts are described at the end of Alluvial Fan deposits and issues in Kem County. This hazard is profiled and defined under' "Slope Failure" in Vol.1 oft this plan. Soil Stability in Kem County includes Land Subsidence and Wind Erosion. Definitions fore each are described in Vol. 1.oft this) plan. Ifl hazard symbol is grey or not present, the jurisdictional planning team did not develop hazard vulnerability information related to the planning areas due to STABUTY perceived probability andi impact described Figure 1-2:City of Arvin Risk Assessment  IMPACT Limited High  planning area.  Minor Medium  Critical  Catastrophlc Extreme  Highly Likely  Likely  High  Extreme  C Low  SIABLITY FLOCD  eachs section.  Possible  High  ALVIAL FANS SIABILITY  WLDFRE Low  EAATHOJAKE Medium  Unlikely  FALURE  DAMFALURE  above.  1-7  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN Kern] Multi-Jurisdiction: 2020 MJHMP Update  FEMA FLOOD ZONE VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  ARVIN  Bearn MountainBlvd  EDonrlommhinena  EXPOSURE SUMMARIES* POPULATION COUNT 20,331 100% 3,611 100% MAPLEGEND 100-YR 100-YRFLOODWAY  PARCEL COUNT  PARCEL VALUE IMPROVEMENT $324,972,386 100% EssentialFaclities CONTENT $162,522,193 100%  CRITICAL INFRASTRUCTURE  COUNT HighPotentialLoss Tanspatationalieline  1100% 64 100% LINEARMILEAGE 1100% 58100% Dynamic Planning* Science fork Kemo County, 2019  *Exposure summaries include 100-year and 500-year flood (%6)- Percent of respective category totals forj jurisdiction.  500-YR PROTECTED BYI LEVEE zone areas. Hazard data source: FEMA. Figure 1-3: City of Arvin -1 FEMA Flood Zone Vulnerability &1 Exposure Snapshot  1-8  FEMA/Cal OESSubmission 05-19-2021    COUNTY OF KERN  Kernl Multi-Jurisdiction: 20201 MJHMP Update  EQ-S.SAN ANDREAS MOJAVE N. VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  ARVIN  5BerrAlouineld  GBorouminen  EXPOSURE SUMMARIES* POPULATION COUNT 20,331 100% 3,611 100%  PARCEL COUNT  PARCEL VALUE IMPROVEMENT $324,972,386 100% EssentialFaciities CONTENT $162,522,193 100%  CRITICAL INFRASTRUCTURE  COUNT HighPotentialLoss TanspotationaLieine  1100% 100% 64 LINEARMILEAGE 1100% 58100% for Kem County, 2019  MAPLEGEND I STRONG  Y  WEAK LIGHT MODERATE STRONG VERY SEVERE VIOLENT EXTREME *Exposure MMI classes. summaries Hazard datas include source: strong, USGS. very strong, and severe Dynamic Planning* Science  MMI  (%)- Percent ofi respective category totals forj jurisdiction.  Figure 1-4:City of Arvin -1 EQ S. San Andreas Mojave N. Vulnerability & Exposure Snapshot  1-9  FEMA/Cal OESS Submission 05-19-2021    COUNTY OF KERN  Kern] Multi-Jurisdiction: 20201 MJHMP Update  SUBSIDENCE VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  ARVIN  Coroum-inao  EDomroumhineo  EXPOSURE SUMMARIES* POPULATION COUNT 20,287 100% 3,611 100% MAPLEGEND LOWLIFT LOW SUBSIDENCE MEDIUM SUBSIDENCE HIGHS SUBSIDENCE  PARCEL COUNT EARTHI MOVEMENT  PARCEL VALUE IMPROVEMENT $324,972,386 100% EssentialF Facilities CONTENT $162,522,193 100% Hazard data source: DWR.  CRITICAL INFRASTRUCTURE  COUNT HighPotentialLoss TanspartationaLieline  1100% 64 100% LINEARMILEAGE 1100% 58100% Dynamic Planning* Science for Kem County, 2019  *Exposure summaries include allo classes ofe earth movement. (%)- Percent of respective category totalsf forj jurisdiction.  Figure 1-5: City of Arvin - Subsidence Vulnerability & Exposure Snapshot  1-10  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kernl Multi-Jurisdiction: 2020N MJHMPI Update  DROUGHT SEVERITY TIMELINE  MIDDLE KERN-UPPER TEHACHAP-6RAPEVINE  S  UPPER KERN Lake Isabella SOUTH FORK  ODELANO UPPER DEER-UPPER WHITE OM NCFARLAND OWASCOS SHAFTER  China RIDGECREST Lake KERN NDIAN WELLS- o SEARLES VALLEYS  TULARE LAKE BED  UPPER POSO OBAKERSFIELD OARVIN MIDDLE KERN-UPPER TEHACHAPI GRAPEVINE Castac Lake  2  Koehn Lake CALIFORNIA CITY o ANTELOPE-FREMONT VALLEYS Rogers Lake Rosamond Lake  OTAFT MARICOPA  SEHACHAPI  LEGEND  WATERSHEDE BOUNDARY USGSNHDHUC8 MUNICIPALITY  MIDDLEKERN-UPPER TEHACHAP-GRAPEYNE WATERSHED  - -il  DO  D1  D2  D3  D4  CHARTLEGEND AbnormallyDry Moderatel Drought Severel Drought ExtremeD Drought ExceptonalDrought  Figure 1-6: City of Arvin - Drought Severity" Timeline - Middle Kem-UpperTehachapl-Grapevine  1-11  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction: 20201 MJHMP Update  1.4.3.3 Past and Future Development  The City of Arvin is a general law city that crafts its own development regulations and is subject to State law. Future development is subject to compliance with state and local planning, zoning, subdivision, and The City of Arvin's General Plan (GP) establishes long-range development policies. The GP is designed to help the City address issues related to land use, circulation (traffic), housing, open space, conservation, noise, and safety. The Land Use portion of the plan helps guide the City in determining the location of future development@.imcluding possible future annexation. In addition tot the GP, the City has other plans that guide development in specific areas, including specific plans, policy plans, and master plans. These plans help to shape future development and dictate the City's Sphere ofl Influence (SOI). One oft the central functions in these planning documents is to decrease risk ofi impact from natural hazards.  architecture! laws.  Development: since Previous HMP  While growth has occurred inl hazard areas int thej past, increasing! hazard: risks to some degree, those: risks are also decreased by development standards and plan requirements that serve toi mitigate or avoid those risks. Most recently, development since thel last HMP has not increased hazard vulnerability for the City of Arvin. Problematic development generally occurred many decades ago; therefore, this HMP Annexl has not been revised to reflect any substantial changes inj past development and instead focuses on avenues tol better mitigate impacts from problematic past development in the 1970's and earlier.  Future Development  City of Arvin is required to update building codes toi meet the minimum standards to those required in the California Building Code last updated in 2019. California Building Codes provide some of the safest construction standards in the world and are meant to reduce risk to occupants from high wind, seismic activity, landslides, flood, wildfire, and other natural hazards. In addition to California minimum develop standards, all jurisdictions belong to the NFIP, as such, all development must meet minimum flood protection standards set forthl by FEMA. See Section 435ofVolumellormore information about past and As the General Plan is updated and incorporates information from this HMP, City of Arvin staff are continually improving hazard information through these hazard mitigation plan updates. With this 2020 update, improved online mapping about natural hazards available on RAMP willi inform those responsible fori future development to make better decisions where and how future development occurs. City of Arvin reviewed its general plans under the capability assessments undertaken for this hazard mitigation plan. See Section 1.5.1. Deficiencies revealed by these reviews are identified as mitigation The City's municipal codes includes regulations to mitigate the impact of hazards on new and existing  future development in Kern County.  actions to decrease risks to move beyond past trends.  development, including:  1-12  FEMA/Cal OESS Submission 05-19-2021    COUNTY OF KERN  Kernl Multi-Jurisdiction: 20201 MJHMP Update  Drainage and stormwater retention requirements, Steep slope restrictions for new development, Waterbody buffer requirements, Floodplain management regulations,  Zoning that prevents development in hazardous areas of the community such as floodplains, landslide areas, the wildland-urban interface (WUI), or other) known hazard areas, and Building codes that include thei most up-to-date California Fire Code, seismic standards, and many other provisions crafted toj protect new construction from hazard events. Even in the event that limited development did occur within a hazard area, the municipal code should ensure impacts from al hazard event are: mitigated and losses are minimal. If development does occur in hazard areas, evacuation and emergency planning should take into consideration the anticipated local impacts of thel hazard event, including potential interrupted services or the elimination of access. The anticipated growth in the City will not cause significant change in vulnerability to the City for  identified priority hazards.  1-13  FEMA/Cal OESS Submision05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction: 20201 MJHMP Update  National Flood Insurance Program (NFIP)  Thel NFIP: makes federally backed flood insurance available tol homeowners, renters, and business owners inj participating communities. FEMA has prepared a detailed Flood Insurance Study (FIS) for Kern County and municipalities. The study presents water surface elevations for floods of various magnitudes, including the 1-percent annual chance flood and the 0.2-percent annual chance flood (the 500-YR flood). Base flood elevations and thel boundaries oft the 100- and 500-YR: floodplains are shown onl Flood Insurance Rate Maps (FIRMs), which are the principle tool: fori identifying the extent and location of the flood hazard. FIRMS are the most detailed and consistent data source available, and for many communities they represent the minimum area of oversight under their floodplain management program. See Section 4of The City of Arvin has participated in the NFIP since 1988. The City of Arvin is currently in good standing with the provisions of the NFIP. Compliance is monitored by FEMA regional staff and by the California Department of Water Resources under a contract with FEMA. Maintaining compliance under the NFIP is an important component of flood: risk reduction. See Table 1-4 for more information on the City's policies  Volume 1for general information on the NFIP.  and historic flood insurance claims. Table 1-4: NFIP Status' Table NFIP Status Policies in Force Policiesi in SFHA Policies in non-SFHA Total Claims Paid Paid Losses Repetitive Loss Properties Severe Repetitive Loss Properties Repetitive Loss Payment by NFIP on Building Repetitive Loss Payment by NFIP on Contents Note: N/DS signifies no data. See Volume. 1, Section 4.51 fori more information on the NFIP.  Participating since: 1/13/1988  1033 1012 21 12 $546 0 0 N/D N/D  1-14  FEMA/Cal OES Submission 05-19-2021    COUNTY OF) KERN  Kern) Multi-Jurisdiction: 20201 MJHMP Update  1.4.4 Identify Hazard Problem Statements  As part of the mitigation action identification process, the Planning Committee for each jurisdiction identified areas of concern (aka problem statements) for their respective facilities based on the risk assessment and vulnerability analysis, utilizing the RAMP mapping and static snapshot maps. Problem statements focused on the impact, victim, or threat that the hazard could create in the jurisdiction, as described in Figure 1-7. Identifying common issues and weaknesses through these problem statements assisted the Planning Committee in understanding the realm of resources needed for mitigation. The goal is to have at least one mitigation action for every problem statement. Projects or actions have been developed to mitigate each problem identified. See' Table 1-10 for a fulll list of mitigation actions and corresponding problem statements that they address. Each problem statement is coded with a problem  Jurisdiction problem statements are listed in' Table 1-5.  number for cross-referencing' between Table 1-5 and' Table 1-10.  IMPACT Casualties Property Damage Business Interruption Financiall Loss Environmental Contamination  VICTIM School Children in Hazard High Hazard Areas Care Facilities in High Hazard Area Vulnerable Population Exposed to hazards  THREAT  Increased Fuels due to drought Hotter, drier climates More Intense Storms Impervious surfaces = greater runoff Increases ofl Invasive Species  Figure 1-7. Guidance for Problem Statements  1-15  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern) Multi-Jurisdiction: 20201 MJHMPI Update  Table 1-51 Problem Statements Problem Hazard No. ps-DR-AR- Drought 510  Area of Mitigation Primary Problem Description  Related MA ma-DR-AR- 563  Concern Alternatives Agency Impact NRP- Natural City of  Because Arvini relies entirely on groundwater, aquifer depletion resulting from drought reduces amount of water available. This affects! both public water supplies andj private wells. Drought can cause: significant property ma-DR-AR- damage, as well: asi reductions! inc crop 563 productivity andl livestock, which results ini increased cost of food production. agricultural: industry (whichi is essential tot thel local economy). not require ori incentivize water conservation measures, including requiring low- flow toilets and showerheads.  Resource Protection  Arvin  ps-DR-AR- Drought 511  Impact NRP- Natural Cityo of  Resource Protection  Arvin  ps-DR-AR- Drought 512 ps-DR-AR- Drought 513  Victim NRP-N Natural Cityof Residents, businesses, and the  ma-DR-AR- 563 564,ma-EQ- AR-565 ma-EQ-AR- AR-566,ma- EQ-DL-84 ma-EQ-AR- 565, ma-EQ- AR-566 ma-EQ-AR- 565, ma-FL- DL-117  Resource Protection Prevention  Arvin Arvin  Threat PRV-  Cityof Existing City codes andi regulations do ma-DR-AR-  ps-EQ-AR- Earthquake Impact SP-S Structural Cityof Older construction and particularly  514  Projects  Arvin Cityo of Arvin City of  unreinforced masonry (URM)! buildings 565, ma-EQ- pose hazards during earthquakes. Seismic shaking could damage infrastructure such asr roads, water lines, sewer lines, and other critical facilities. Arvin's entire population (approximately 20,300) wouldh be subject tos severe shaking resulting from a7 7.21 magnitude earthquake on the White Wolf fault.  ps-EQ-AR- Earthquake Impact PPRO- ps-EQ-AR- Earthquake Victim PRV-  515 516  Property Protection  Prevention,ES Arvin Emergency Services,SP- Structural Projects Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness, ES Emergency Services,SP- Structural Projects  ps-EQ-AR- Earthquake Victim PRV-  City of The entire city would! be subject to  ma-EQ-AR- 565, ma-E -EQ-  517  severe shaking resulting from a7.2 magnitude earthquake ont the White AR-566 Wolf fault. Thisi includesl 1E Essential Facility (Fire Station) and 641 High Potential Loss Facilities within] 100- year Flood: Zone (including 32 Family Child Care Homes, 11 Speciall Needs Facilities, 7Schools, 6Child Care Centers, and: 3H Health Care Facilities)  1-16  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction 20201 MJHMPI Update  Problem Hazard Areaof Mitigation Primary Problem Description  Related MA ma-EQ-AR- 565  No. 518  Concern Alternatives Agency  ps-EQ-AR- Earthquake Victim PRV-  Cityof 3,600r residents would! be subject to  Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness,ES Emergency Services,SP- Structural Projects  strongs shaking resulting from a7.2 magnitude earthquake ont the San Andreas fault, while 16,730 residents would! be subjectt to verys strong shaking.  ps-EQ-AR- Earthquake Victim PRV-  Cityof The entire city would! be subject to  ma-EQ-AR- AR-566  519  Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness,ES Emergency Services,SP- Structural Projects Property Protection  either very strong or strongs shaking 565,ma-EQ- resulting from a7.2r magnitude earthquake ont the San Andreas fault. This includes1 11 Essential Facility (Fire Station) ande 641 High Potentiall Loss Facilities within 100-year Flood Zone (including 321 Family Child Care Homes, 11 Speciall Needs Facilities, 7 Schools, 6 Child Care Centers, and: 3Health Care  Facilities)  ps-FL-AR- Flood 520  Impact PPRO-  Cityof Arvini is subject tos sheet flow events, ma-AH-AR-  Arvin  which result ins shallow flooding that 569,ma-FL- causes property damage, road washouts, and transportation disruptions. Approximately! 16,260 residents! living within or near thel 100-year floodplain and 4,060 within or near 500-year floodplain.  AR-71  ps-FL-AR- Flood 521  Victim PRV-  Cityo of AIIC City residents exposed toi flood risk. ma-FL-AR-71  Prevention, Arvin PPRO- Property Protection, PE&A-Public Education & Awareness Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness,SP Structural Projects  ps-FL-AR- Flood 522  Victim PRV-  Cityof  1Essential Facility within 100-year Flood Zone (Fire Station) ande 62 High Potentiall Loss Facilities within 100- year Flood2 Zone (including 321 Family Child Care Homes, 11 Special Needs Facilities,6 6 Schools, 5 Child Care Centers, and 3Health Carel Facilities)  ma-FL-AR-71  1-17  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern) Multi-Jurisdiction 20201 MJHMPI Update  Problem Hazard Area of Mitigation Primary Problem Description  Related MA ma-FL-AR-71  No. ps-FL-AR- Flood 523  Concern Alternatives Agency Victim PRV-  Cityo of  Transportation andl Lifeline asset within 100-year Flood2 Zone (power substation)  Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness,SP Structural Projects  ps-FL-AR- Flood 524  Impact PRV-  Cityof Residents, businesses, and agricultural ma-FL-AR-71  Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness, SP Structural Projects Property Protection, NRP-1 Natural Resource Protection  operations are vulnerable to interruptions int transportation access resulting from road washouts.  ps-SS-AR- Soil Stability Impact PPRO-  Cityo of Winde erosion causes soils tob become ma-AH-AR-  525  Arvin  unstable, increasing risk of landslides/rockslides: anda associated mudflow onl Highway 223,6 east of Arvin. These conditions canl lead tol hazardous driving conditions and road closures. Highway 223i is the main road through Arvin (Bear Mountain! Boulevard), so access interruptions due tor road closures are disruptive tot the city.  569  ps-SS-AR- Soil Stability Impact PPRO-  Cityof Arvin  Cavingi in ofl land around Citys sumps ma-SS-AR-567 andi near stormwater runoff sites resulting from groundwater pumping.  526  Property Protection, NRP- Natural Resource Protection, SP Structural Projects  ps-SS-AR- Soil Stability Victim PE&A-Public City of  Residents, businesses, and agricultural ma-SS-AR-568 operations are vulnerable to interruptions in access resulting from closures on Highway 223. Thisi includes commuters reliant on! Highway: 2231 to get to and from work.  527  Education & Arvin Awareness, NRP- Natural Resource Protection  1-18  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern! Multi-Jurisdiction 2020 MJHMPI Update  Problem Hazard Areaof Mitigation Primary Problem Description  Related MA ma-SS-AR-567  No. 528  Concern Alternatives Agency  ps-SS-AR- Soil Stability Victim PPRO-  Cityof Residents living near sumps.  Property Protection, PE&A-Public Education & Awareness, NRP- Natural Resource Protection Resource Protection Resource Protection  Arvin  ps-SS-AR- SoilStability Threat NRP-Natural Cityof Fallow farms and agricultural fields ma-SS-AR-568  529 530  Arvin Arvin  without crop cover increase susceptibility tov wind erosion. Drought-related drawdown ina aquifers ma-SS-AR-567 and continued groundwater pumping.  ps-SS-AR- Soil Stability Threat NRP- Natural Cityof  1.4.4.1 Mitigation Action Support Tool (MAST)  As al living document, hazard problem statements and mitigation activities willl be updated through a web interface application developed specifically for participating! jurisdictions. The Mitigation Action Support MAST is a web-based interactive tool that enables multiple users to search, view, enter, and update mitigation actions, ideas or projects, and otheri information. MAST provides paric-patingunisdictions and plan reviewers (Cal OES/FEMA) access to valuable mitigation information that can bel leveraged by future planning ord otherrisk reduction efforts within the County. Paricpatingunsdictions can update the status of their mitigation projects throughout the planning lifecycle, and this web-based tool will improve participatingjutisdictions: ability to apply for FEMA's] Hazard Mitigation Assistance (HMA)grant; programs  Tool (MAST) is accessible through http//mitigatehazards.com/county-of-ker.  including initial grant application processes through Cal OES.  1-19  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern/ Multi-Jurisdiction: 20201 MJHMP Update  1.5 Mitigation Strategy  The mitigation strategy is the guidebook to future hazard mitigation administration, capturing the key outcomes of the MJHMP planning process. The mitigation strategy is intended to reduce vulnerabilities outlined in the previous section (a.k.a. problem statements) with a prescription of policies and physical projects. These mitigation actions should be compatible with existing planning mechanisms and should  outline specific roles and resources fori implementation success.  1.5.1 Capabilities Assessment  This section examines the planning and regulatory, administrative, technical, financial, educational, and outreach capabilities to augment known issues and weaknesses from identified natural hazards. The tables in this section explore various local planning mechanisms, administrative capacity, financial capabilities, and education and outreach initiatives. The columns ine each table represent deeper divesinto  the following questions:  Istl the existing planning or regulatory mechanism used currently? (Column 1, Status) Has the HMP been integrated into the planning mechanism currently sO that the named mechanism is currently used in HMP planning? (Column 2, Current Mitigation Use) Is there a future opportunity to expand, improve upon, andi incorporate this 2020 HMP Update into the planning or regulatory mechanism? (Column 3, Future Opportunity) The capabilities assessment is easly-digestible and based on color coding toi indicate which policies and plans are adequate, need improvement or in which the HMP could be integrated. Each table includes a legend that explain how each one of these questions are being answered according to the color indicated: For more information on the regulatory environment surrounding each hazard, see hazard-specific sections of Volume 1. Volume 1, Section 5.3.5 includes an extensive list of federal and state funding  green, yellow, and orange.  opportunities as well.  1-20  FEMA/Cal OESS Submission 05-19-2021    COUNTY OF KERN  Ker) Multi-Jurisdiction 20201 MJHMP Update  1.5.1.1 Planning and Regulatory Capabilities  Tablel 1-6.1 Planning and Regulatory Capabilities Summary  CAPABILITY ASSESSMENT) LEGEND Current Mitigation Use Used widely for mitigation.  Status Currently in use or present. (Sort of) Seldomly used orl limited presence. (No) Not! present or available.  Future Opportunity Opportunity toe expand andi integrate.  Limited usei ini mitigation planning. Limited opportunity to expand and integrate.  Notusedi ini mitigation planning. HMP Integration Current Mitigation Future Use  No opportunity toe expand ori integrate.  Resource Building Codes BCEGS Rating Public Protection (ISO Class) Hazard Related Development Standards Zoning Ordinance Hazard-Specific Ordinance Growth Management Ordinance N/A Hazard Reduction Programs (Annually Conducted) Capitall Improvements Program (CIP) orl Plan Erosion/Sediment Control Program Hazard-Related: Public Outreach Program Stormwater Management Program (Annuall Inspections) Seismic Safety Program (Non- structural) Earthquake: Modernization Plan (Building Safety) Hazard Plans General! Plan Safety Element Community' Wildfire Protection Plan (CWPP)  Status  Opportunity  Notes / Additional Detail  Planning and Regulatory Capabilities Construction and Future Development Regulations  Cityl has al building inspector only part time Not familiar with this City relies on County FD  N/A N/A N/A N/A  N/A N/A N/A  N/A N/A N/A  Notesi ins standard: specifications requiring contractors to comply with NPDES genera permit Seel Education and Outreach Resource Capabilities. Maintenance team routinely inspect storm basins and other facilities; andi respond tol locally flooded  areas.  Countywide CWPP expected: 2021.  1-21  FEMA/Cal OES Subrission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction 20201 MJHMP Update  HMP Integration Current Mitigation Future Use Opportunity  Resource  Status  Notes/ Additional Detail  Planning and Regulatory Capabilities Floodplain Management Plan Stormwater Management Plan Emergency Operations Plan Climate. Action Plan Ground Water Management Planning/ /Plans National Flood Protection Program (NFIP) Floodplain Management Regulations Flood: Insurance. Education and Technical Assist. Flood Hazard Mapping /Re- Mapping Community Rating System (CRS)  Actively working toi improve educational: resources for residents. No program to date, but could be extremely beneficial to city City not in CRS program  N/A  N/A  N/A  1.5.1.2 Administrative and Technical Capabilities  Table 1-7. Administrative and technical capabilities summary  CAPABILITY ASSESSMENTLEGEND Current! Mitigation Use Used widely for mitigation.  Status Currently in use or present. (Sort of) Seldomly used orl limited presence. (No)! Not] present or available.  Future Opportunity Opportunity to expand and integrate.  Limited usei inr mitigation planning. Limited opportunity toe expand andi integrate.  Noti usedi ini mitigation planning. HMP Integration Current Mitigation Future Use Opportunity  No opportunity toe expand or integrate.  Resource Administrative and Technical Staff Capacity Emergency Manager Civil Engineer Dedicated Public Outreach Personnel GIS Specialist and Capability Grant Manager, Writer,or Specialist 1-22  Status  Notes / Additional Detail  Provided by general manager.  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kernl Multi-Jurisdiction 20201 MJHMP Update  HMP Integration Current Mitigation Future Use Opportunity N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A  Resource Other General Flood Wildfire Geological Hazards 1.5.1.3 Financial Capabilities Table 1-8.1 Financial capabilities summary  Status N/A N/A N/A N/A N/A  Notes / Additional Detail  Administrative and Technical Warning Systems/Services  CAPABILITY. ASSESSMENT LEGEND Current Mitigation Use Used widely fori mitigation.  Status Currently in use orp present. (Sort of) Seldomly used orl limited presence. (No)! Not) present or available.  Future Opportunity Opportunity to expand andi integrate.  Limited use ini mitigation planning. Limited opportunity toe expand andi integrate.  Notused ini mitigation planning. HMPI Integration Current Mitigation Future Use Opportunity  No opportunity toe expand ori integrate.  Resource Fiscal Capabilities Financial Resources for Hazard Mitigation Levy for Specific Purposes with Voter Approval Utilities Fees System Development Fee General Obligation Bonds to Incur Debt Special' Tax Bonds tol Incur Debt Withheld Spendingi in Hazard- Prone Areas Stormwater Service Fees Capital Improvement: Project Funding  Status  Notes/ /A Additional Detail  1-23  FEMA/Cal OESS Submission 05-19-2021    COUNTY OF KERN Kern Multi-Jurisdiction 20201 MJHMP Update  1.5.1.4 Education and Outreach  Table 1-9.Education: and outreach capabilities summary  CAPABILITY. ASSESSMENT LEGEND Current Mitigation Use Used widely for mitigation.  Status Currently in use or present. (Sort of) Seldomly used orl limited presence. (No)! Not present ora available.  Future Opportunity Opportunity to expand andi integrate.  Limited use ini mitigation planning. Limited opportunity to expand and integrate.  Not usedi in mitigation planning. HMP Integration Current Mitigation Future Use  No opportunity toe expand ori integrate.  Resource  Status  Opportunity  Notes/ / Additional Detail  Education /Outreach Capabilities Education/Outreach Resources Website Dedicated tol Hazard Topics Dedicated Social Media Hazard Info. Avail. atl Library/ Planning Desk Annual Public Safety Events Ability tol Field Public' Tech. Assistance Requests Public Safety Newsletters or Printed Outreach Fire Safe Councils Resource Conservation Districts Other  N/A  N/A  N/A  1-24  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern! Multi-Jurisdiction: 20201 MJHMPI Update  1.5.2 Mitigation Actions  Mitigation actions were developed based upon the jurisdiction's priorities, risk assessment results, and prioritization method used by all participating jurisdictions is described in Section 5.5.1 of Volume 1. Table 1-10 lists each priority mitigation action, responsible party, timet frame,potential funding source, implementation steps, and resources need to implement based upon the Planning Committee  mitigation alternatives. The mitigation action MF-11-2020  Year Developed Number  Project Jurisdiction Reference  consensus.  Each participating jurisdiction, including the City of KC...County of Kern Arvin, considered ongoing relevancy of mitigation AR....City of Arvin actions from the existing MJHMP and retained or BK....City of removed such actions while adding new relevant Bakersfield actions as well. Mitigation actions were examined for CC....City of relevancy and the potential for future implementation California City and then evaluated for potential follow-up. Some DL....City of Delano mitigation actions developed during the previous HMP MF...City of effort were not included because they were an inherent McFarland part of the HMP update process or were not detailed MR.City of enough fori implementation atal local. Jurisdiction level. Maricopa the City of Arvin! has made significant changes to other mitigation actions because of the updated risk more detail, or to update based on current mitigation  RC...City of Ridgecrest SH....City of Shafter TF....City of Taft TH...City of Tehachapi WS...City of Wasco  assessment and implementation strategy, to include Figure 1-8.1 Mitigation Action Key  practices. Volume 1, Section 5.5.2 provides a record of County wide mitigation actions, the status, and Table 1-10 lists each mitigation action for the City of Arvin. Each participating jurisdiction developed unique mitigation actions, targeted at their own unique priorities and vulnerabilities. Each mitigation action identifies the responsible party, time frame, potential funding source, implementation steps and resources needed to implement these priority mitigation actions. As a living document, hazard problem statements and mitigation activities will be updated through MAST. The detail in Table 1-10: meets the  additional notes for each action.  regulatory requirements of FEMA and DMA 2000.  1-25  FEMA/Cal OES Submission 05-19-2021    COUNTY OF) KERN  Kern Multi-Jurisdiction: 20201 MJHMPI Update  INTENTIONAL BLANK: PAGE  1-26  FEMA/Cal OES Submission 05-19-2021    5555595 3555555 333 6888888 8888 AAAARRA AAaa  Da    6 8  1  &    ARVIN ALIFORNIA hdiw ivthesun Incorporated! Dec. 21_1960  REGULAR MEETING  ARVIN PLANNING COMMISSION  TUESDAY NOVEMBER 19, 2024 6:00p.m. CITY HALL COUNCIL CHAMBERS 200 CAMPUS DRIVE, ARVIN  CALL TO ORDER  PLEDGE OF ALLEGIANCE  PLANNING COMMISSIONERS: Joshlyn Horton  Chairperson Vice Chairperson Planning Commissioner Planning Commissioner Planning Commissioner Executive Director City Planner - Consultant City Attorney - Hodges Law Group Secretary  Anaiza Prado Fatima Gonzalez Rubi Carmona Manuel Leon  STAFF: Jeff. Jones  Jake Raper Nathan Hodges Cecilia Vela    5  a  o  D  8 I 9 f  E t 0 - 1 I 0 e 9 & e  3    PUBLIC COMMENTS:  The meetings ofthe City Council and all municipal entities, commissions, and boards ("the City") are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members ofthe public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation oftwo (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staffa and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption ofany City Council Meeting, he/she may order the disrupting parties out oft the room and subsequently conduct Ina accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention ofthe City subsequent to the agenda being posted, upon making certain findings, the City may act  the City's business without them present.  on an item that was not on the posted agenda. AGENDA STAFE REPORTS AND) HANDOUTS:  Staff reports and other disclosable public records related to open session agenda items are available at City  Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours. COMDICTINTIKCIYCOINCICIANIEAS:  Rules of Decorum for the Public  Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance ofl loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion ofthe presiding officer or a majority oft the City, be subject Any person who commits the following acts in respect to a meeting oft the City shall be removed from the (a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to (b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and (c) Disobedience ofa any lawful order of the Mayor, which shall include an order to be seated or to refrain  to ejection from the meeting per Gov. Code Sect. 54954.3(c).  Removal from the Council Chambers: Council Chambers per Gov. Code Sect. 54954.3(c).  interrupt the due and orderly course of said meeting;  orderly course of said meeting; from addressing the City; and  (d) Any other unlawful interference with the due and orderly course of said meeting.  AMERICANS with DISABILITIESACT  Inc compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk's office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable  arrangements can be made to provide accessibility to the meeting or service.    1. Approval of Agenda As To Form.  Motion_ Roll Call: PC Carmona  Second  Vote PC Gonzalez  PCLeon  VC Prado  Chair Horton  2. PUBLIC COMMENTS  This portion of the agenda is reserved for persons wishing to address the Planning Commission. At regularly scheduled meetings, members of the public may address the Planning Commission on any matter within the Jurisdiction of the Planning Commission. At special or emergency meetings, members of the public may only address the Planning Commission on matters that are listed for review on the agenda. Please keep comments at no more than two minutes or four minutes if interpretation is needed. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the Chairperson and not at individual  Commissioners or. staff.  3. CONSENT AGENDA ITEM(S)  A. Approval of the Minutes of the Regular Meeting of October 15, 2024.  Staff recommends approval of the Minutes of the Regular Meeting of October 15,  2024. Motion  Second  Vote PCI Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton  4. PUBLIC HEARING ITEM(S)  A.A A Public Hearing to Consider Approval of a Resolution of the Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 - Ordinance Amending Chapter 17.51 Staff recommends to open the hearing, allow for public testimony, close the  Accessory Dwelling Unit.  hearing, and approve the Resolution.  Motion  Second  Vote PC Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton    B. Al Public Hearing - To Consider Adoption of a Resolution of the Planning Commission of the City of Arvin Recommending the City Council Amend the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan Including a Recommendation to Adopt an Exemption Pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3)  Staff recommends to open the hearing, allow for public testimony, close the  hearing, and approve the Resolution.  Motion  Second  Vote PC Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton  5. REPORTS FROM STAFF  6. PLANNING COMMISSIONER COMMENTS  7. ADJOURNMENT  Ihereby certify, under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted on the City Hall Bulletin Board, not less than 72 hours prior  to the meeting. Dated: November 14, 2024.  Jeff. Jones, Deputy Secretary