1/3 1919 AGENDA Regular Meeting of the Calipatria City Council City Council Chambers 125 North Park Avenue Calipatria California 92233 Tuesday, January 28, 2025 Open Session at 6:00 pm Laura Gutierrez, City Manager Michael Luellen, Mayor Fred] Beltran, Council Member Jessel Rivas, Council Member CALL TO ORDER: ROLL CALL: Jessel Llanas, Fire Chief Cheryl Fowler, Police Chief Edgar Self, Public Work Director Javier Amezcua, Mayor Pro-Tem Gilbert G. Otero, City Attorney Sylvia Chavez, Council Member Jane Hurtado, City Clerk PLEDGE OF ALLEGIANCE & INVOCATION: ADJUSTMENTS TOTHE AGENDA: The City Council will discuss the order oft the agenda, may amend the order, add urgent items and or remove items from the consent calendar prior to that portion oft the agenda. For the purpose oft the official city record, the City Council may take care oft these issues by entertaining a formal motion. MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA CONSENT AGENDA: The items appearing under the Consent Agenda will be acted upon by the City Council in one motion without discussion. Should any Council member or other person wish to discuss any item, they may request that the item be removed from the Consent Agenda and placed on the REGULAR BUSINESS Agenda. 1. Continued Delta Street Lift Station Emergency 2. 2nd, reading of Ordinance 01-25- Zoning Ord. MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA 012825AGN 2/3 DISCUSSION/DIRECTION 1. Appointment of] Planning Commission-L Gutierrez-City Manager 2. Appointment ofl Traffic Advisory-L Gutierrez-City Manager 3. Approval of Professional Services Agreement for Splashpad Park & Community Center/Gafcon-L Gutierrez-City Manager 4. Fiscal Year 2024-2028 LTA Measure D Improvement Plan-L Gutierrez-City Manager 5. Approval oft the lease Agreement Extension with Best S.T.E.P. Forward 201 N Railroad 286 E. Alexandria-L Gutierrez-City Manager 6. City Monthly Cleanup Date-E. Self- Public Works Director REGULAR BUSINESS: 1)A Approvel Disapprove RESOLUTION 25-08- L. Gutierrez City Manager Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA RE-ORANIZING THE CALIPATRIA PLANNING COMMISSION WHEREAS, the City of Calipatria Planning Commission has been a voluntary WHEREAS, effective January 2025 there was a fifty dollar per meeting stipend THEREFORE BE ITI RESOLVED that the City Council oft the City of Calipatria THREE COMMISSIONERS FOR A TWO-YEAR TERM. ENDING 2026: position; and approved; appoint the following commissioners for the following terms: 1. 2. 3. 1. 2. TWO COMMISSIONERS FOR A FOUR YEAR TERM ENDING 2028: MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA 012825AGN 3/3 2) Approve/Disapprove RESOLUTION 25-09-L. Gutierrez City Manager AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA APPROVING THE. APPOINTMENT OF CITY OF CALIPATRIA TRAFFIC ADVISORY WHEREAS, the City of Calipatria Traffic Advisory is a voluntary position; and THEREFORE BEI ITI RESOLVED that the City Council of the City of Calipatria appoint the following Traffic Advisory Members for the following terms: TWOTRAFFIC ADVISORY MEMBERS 1. 2. MOTION: STAFF REPORTS: SECOND: ROLL CALL VOTE: FB-JR-ML-SC-JA I,JANE HURTADO, City Clerk oft the City of Calipatria, California, DO HEREBY CERTIFY that the agenda was duly posted at Calipatria City Hall, 125 N Park Avenue, Calipatria, California and on the City of Calipatria's website not less than 72 hours prior tot the meeting per Government Code 54954-2. Dated: January 25,2025 012825AGN CONSENT AGENDA CALI 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: Submitted By: Council Meeting Date: January 23, 2025 Edgar Self, Public Works Director January 28, 2025 CONSENT" DELTA PUMPSTATION, EMERGENCY Subject: Delta Pump Station Emergency The Delta Pump Station continues to operate under emergency resolution until repairs are completed. With the City Council approval oft the NADBank Grant Execution on 04.09.2024, NADBank has authorized the City to proceed with ordering the new pump ($65,008.00 plus tax) and to proceed with the rebuild of the two existing pumps ($45,000 estimated plus tax). The lead time pert the manufacture for the new pump is 30-34 working weeks. The cost for the pump and rebuilds will be reimbursed by the $250,000 grant funding. As a reminder, the City will have a matching of 10%1 to the cost of the Delta Pump Station Project. The pump has been ordered from Barrett Engineering Pumps ini the amount of $70,046.12. Piping repairs will commence after the well has been pumped out and cleaned. Piping and valves have arrived. The city staff has isolated the wet well, and the well is being vacuumed out. NOI EXPENSE UPDATE SINCE LAST MEETING To date expenses are as follows: Pump Staircase Replacement: Electrical: Pipingand valves: $70.046.12 $26,845.03 $83,146.81 $46,549.30 Total expenses paid to date: $226,587.26 (Use of ARPA funding) #2 CONSENT. TAGENDA City Council Staff 1919 Report To: City of Calipatria City Council Laura Gutierrez, City Manager From: Jeorge Galvan, AICP, City Planner Prepared by: Francisco Barba, Associate Planner Date: January 28, 2025 Project: Second reading by title only and adoption of an ordinance amending the City of Calipatria Zoning Ordinance as it relates to density bonus provisions, Accessory Dwelling Units and Junior Accessory Dwelling Units, and alleviating constraints for the production ofa variety of housing types Summary: Subject of Report: Second reading by title only and adoption of an ordinance amending the City of Calipatria Zoning Ordinance as it relates to density bonus provisions, Accessory Dwelling Units and Junior Accessory Dwelling Units, and alleviating constraints for the production ofa a variety ofh housing types R-1 (Low Density Residential Zone), R-2 (Medium Density Multi-Family Residential Zone), R-3 (High Density Multi- Family Residential Zone), MHP (Mobile Home Park Zone), CP (Commercial Professional Zone), CP-T (Commercial Professional Transitional Zone), and DC (Downtown Core) an ordinance amending the City of Calipatria Zoning Ordinance pursuant to Section 36934 of the California R-1 (Low Density Residential), R-2 (Medium Density Multi-Family Residential), R-3 (High Density Multi-Family Residential), MHP (Mobile Home Park), CP (Commercial Project Location: Recommended Conduct a second reading by title only and motion to adopt Action: Zoning: Government Code. Professional), CP-T (Commercial Professional Transitional), and DC (Downtown Core) General Plan: LD-R (Low Density Residential), MD-R (Medium Density Environmental: hep-150l0,)Cmmen Sense Exemption Residential), HD-R (High Density Residential), GC (General Commercial), DD (Downtown District) City ofCalipatria City Council Textual amendments tot the City ofCalipatriaz Zoning Ordinance for Housing) Element compliance- January 28, 2025 Page 1of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso INTRODUCTION AND BACKGROUND On February 8, 2022, the City Council oft the City of Calipatria adopted the final revisions to its 2021-2029 Housing Element in compliance with the State Housing Element law (Government Code Sections 65580 through 65589.11). Upon approval, the adopted Housing Element was submitted to the Department of Housing and Community Development (HCD) where a communication confirming the City's compliance with the Housing Element law was sent to City on September 30, 2022. While the communication confirms the City's compliance with state law, HCD further stipulates that the City of Calipatria must proceed with the timely implementation of the 2021-2029 Housing Element programs. In furtherance of the established Housing Element programs, textual amendments consisting of the establishment of an Accessory Dwelling Unit (ADU) ordinance, updating the City's density bonus ordinance, and alleviating constraints for the development of multi-family developments, emergency shelters, permanent supportive housing, residential care homes, and low barrier navigation centers in the zones listed on Exhibit A below and illustrated in Attachments A - Affected Zoning Designations and Attachment B - Affected Land Use Designations. Exhibit A - Affected Zones and Land Use Designations Zoning Designations Lowl Density Residential R-1 R-2 CP DC Medium Density Multi-Family Residential R-3 High Density Multi-Family Residential CP-T Commercial Professional Transitional MHP Mobile Home Park Commercial Professional Downtown Core Land Use Designations LD-R Low Density Residential MD-R Medium Density Residential HD-R High Density Residential GC DD General Commercial Downtown District The item was presented to the Planning Commission during aj public hearing held on December 17, 2024, where upon opening the floor for public comments and reviewing all pertinent documentation the Planning Commission motioned to adopt Resolution No. 24-03 PC recommending approval oft the proposed textual amendments to the City Council. The item was presented to the City Council during a duly noticed public hearing held on January 14, 2025, where the City Council conducted an introduction and first reading by title only. Upon reviewing all relevant documentation and considering public comments for and against the project, the City Council motioned to proceed with a second reading scheduled for the next City Council meeting. City ofCalipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 2of23 1421142.312- Housing Element Ordinance UpdatelStaff! Report & Reso The purpose of this item is to present the ordinance to the City Council sO that they may conduct a second reading of the proposed amendments and motion to adopt or not adopt the proposed ordinance pursuant to California Government Code Section 36934. ISSUES FOR: DISCUSSION Housing Element. The Housing Element is one ofs seven required Elements of the General Plan which serve as the City's "road map" for future growth and development. The Housing Element sets forth goals, objectives, and policies to adequately meet the housing needs of everyone in the community. State Law requires Housing Elements to be updated and all goals and objectives to_be achieved every eight years to coincide with the Southern California Association of Governments' (SCAG's) adoption of the Regional Housing Needs Assessment (RHNA). To comply with HCD's approval, the following Housing Element programs were proposed for implementation: Program No. 2 Density Bonus and Incentives Program The City will update its Zoning Ordinance to include amendments to the Density Bonus Law including but not limited to Program No. 7Z Zoning Ordinance Review and Update The City will update its Zoning Ordinance to establish an ADU ordinance, update the density bonus ordinance, and alleviate constraints for the production of a variety of housing types which includes emergency shelters, permanent supportive housing, residential care homes of seven or more people, low barrier navigation centers, farmworker housing, and single room Program No. 21 Accessory Dwelling Units The City will update its Zoning Ordinance to develop a new program to incentivize and promote ADUS or second dwellings for Density Bonus Ordinance. Originally enacted in 1979, California's Density Bonus Law (Government Code 65915. - 65918) allows a developer to increase density on a property above the maximum set under a jurisdiction's General Plan Land Use Element. In exchange for the increased density, a certain number of the new affordable dwelling units must be reserved at below market rate (BMR) rents. Qualifying applicants can also receive reductions in the required development standards while greater benefits are available for projects that reach higher percentages of affordability. Besides granting rights to housing and mixed-used developments to increase density, the law provides three provisions that require local governments to grant qualifying projects: 1) incentives (or concessions) that provide cost reductions; 2) waivers of development standards that would physically preclude the development of a project at the density permitted and with the incentives granted, and 3) In September of 2013, the City of Calipatria adopted its Zoning Ordinance which included Chapter 3.14 (Density Bonus). Since the adoption of the Zoning Ordinance, the California Legislature has approved, and the Governor has signed several new bills further amending the Density Bonus Law. Thus, the current iteration oft the City of Calipatria density bonus chapter is not in compliance with California Government Code Sections 65915 through 65918. Therefore, the proposed amendments to Chapter 3.14 of the City of Calipatria Zoning Ordinance are intended to implement Programs No. 2 and No. 7 of the 2021-2029 Housing Element and Assembly Bill (AB)728. occupancies. lower- to moderate-income households. reductions inj parking requirements. City ofCalipatria City Council Textuala amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance January 28, 2025 Page 3of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso comply with changes to the State Density Bonus Law by implementing the following updates: 1. Purpose and Applicability. This section describes the intent of the chapter which is to implement the statutory requirements set forth in Government Code Sections 65915 - 65918 also known as state density bonus law. The density bonuses and incentives contained in this chapter shall apply to housing developments eligible for a density bonus and other regulatory incentives provided under the State Density Bonus Law. 2. Density Bonus Application. In addition to any other review required for proposed housing developments, applications for a density bonus shall be filed with the Planning Department on a form approved by the City of Calipatria. The application shall be filed concurrently with an application for a site plan review or administrative A. A concise written description of the project, including location, number and type of housing units, including affordable units and bonus units, and the planning B. A site map showing the location and general layout of the proposed housing C.A written request for the specific incentive(s), waiver(s), concession(s), or reduction(s) in development standards sought, accompanied by a description of the rationale and accurate supporting information sufficient to demonstrate that the request is necessary to make the affordable units economically feasible and set rents at qualifying levels. If applicable, the applicant shall identify the proposed use of any housing subventions or programs for the housing development, such as Community Development Block Grants (CDBG) or other sources of funding. D. Information demonstrating the feasibility oft the project as proposed. E.A All application fees as set by the City Council by resolution. review the request in accordance with this code. 3. Determination ofApplication Completeness approval and shall include the following documentation: approval(s) required. development and surrounding land uses and roadways. F. Such other materials as the Planning Department may determine are necessary to A. Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory period of thirty days, established by state law for determining completeness, shall begin the day the B. Initial Determination. Within thirty days of application acceptance, the Planning Department shall determine whether the application is complete. The Department shall notify the applicant in writing that the application has been determined as . Determination on Resubmittal. Within thirty days of acceptance of information submitted in response to a determination of incomplete application, the Planning Department shall determine whether the application is complete. The Planning Department shall notify the applicant in writing whether the application has been application is accepted by the Planning Department. complete or incomplete. determined as complete ori incomplete. City ofCalipatria City Council Textuala amendments tot the City of Calipatria Zoning Ordinance for Housing Element compliance- - January 28, 2025 Page 4of23 1421142.312- Housing! Element Ordinancel UpdatelStaff Report & Reso D. Adjustments to Determination. Any determination made by the Planning Department shall be based on the development project at the time the application is complete. The amount of density bonus and parking ratios awarded shall be adjusted based on any changes to the project during the course of development. E. Right to Appeal. The applicant may appeal the determination in accordance with California Government Code Section 65493. A final written determination on the appeal shall be rendered not later than sixty days after receipt of the application's written appeal. 4. Processing of Density Bonus Application A. Site Plan Review Application. City staff shall process the density bonus application in the same manner as, and concurrently with, the application for a site plan review or administrative approval that is required by the zoning ordinance. Applications for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios, pursuant to this density bonus chapter and the State Density Bonus Law, shall comply with the following a. Planning Applications. Applicants for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios shall complete and file the Density Bonus Program Application and an application form(s) for the standard permit(s) (e.g., Site Plan Review, Conditional Use Permit, and/or Land Use Permit) required for the project, which includes site information, number of units, requested density bonus units, proposed number of affordable units, requested incentives, financial information, site plan, and any other documentation required by the zoning b. Preparation, Filing, and Initial Processing of Site Plan Review Applications. Both the City and applicants shall follow the procedures and requirements of the City of Calipatria Zoning Ordinance and Government Code Sections 65915(a)(2), 65915(a)(3), and 65943 for the preparation, filing, and initial processing of site plan review applications. Once a submitted application is deemed complete, the City shall provide the applicant with a determination as to the amount of density bonus for which C. Permit Review and Decisions. The City shall follow the procedures in the City of Calipatria Zoning Ordinance for the review, approval, conditional approval, or denial of housing developments or a project to convert apartments to a condominium under this chapter and the procedures for processing: ordinance, government code, and Planning Department. the applicant is eligible. State Density Bonus Law. 5. Eligibility A. Eligible Projects. The following projects shall be eligible for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios pursuant to the amount, type, and other applicable criteria in this chapter and the State Density Bonus Law: City ofCalipatria City Council Textual amendments tot the City ofc Calipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page5of23 1424142.312- Housing Element Ordinance UpdatelStaff] Report & Reso a. Housing developments, including shared housing developments, where ten percent oft the total units are: for rent or sale to lower income households. b. Housing developments, including shared housing developments, where five percent oft the total units are for rent or sale to very low-income households. .A As senior citizen housing development pursuant to Government Code Section d. A mobile home park that limits residency based on age requirements for housing for older persons pursuant to Government Code Section Tenj percent oft the total units for transitional foster youth, disabled veterans, or homeless persons pursuant to Government Code Section 65915(b)(I)(E). f. Twenty percent of the total units for lower-income students in an eligible student housing development pursuant to Government Code Section g. Housing developments where one hundred percent of all units in the development, including total units and density bonus units, but exclusive ofa manager's unit or units, are for lower income households except that up to 20 percent of the units in the development, including total units and density h. Condominium Projects. A project to convert apartments to a condominium that will provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or at least 15 percent of the total units of the proposed condominium project to 65915(b)Q)(C). 65915(b)C)(C). 65915(b)(I)(F). bonus units, may be for moderate-income households. lower-income households. other incentives or concessions: B. Ineligible Projects. The following projects shall be ineligible for density bonuses or a. Ineligible Housing Development Projects. An applicant shall be ineligible for ad density bonus or any other incentives or concessions if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower- or very low-income households, unless the proposed housing development replaces those units, and otherwise complies with the terms in Government Code Section 65915(c)(3) or b. Ineligible Condominium Projects. The following projects to convert apartments to a condominium shall be ineligible for a density bonus or other i. The apartments proposed for conversion constitute a housing successor statute. incentives: City ofCalipatria City Council Textuala amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance- - January 28, 2025 Page6of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso development for which a density bonus or other incentives were ii. The condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the County's valid exercise of its police power; or provided. occupied by lower- or very low-income households. 6. Density Bonus for Housing Developments A. Applicability. The City shall grant density bonuses in accordance with Government Code Sections 65915(b) and 65915(v) to housing developments that meet the criteria of this density bonus chapter and Government Code Section B. Amount/Percentage. The amount of density increase for eligible housing developments shall be calculated pursuant to the percentages, conditions, and C. Optional Increase in Amount/Percentage. The City may grant a density bonus greater than what is described in Government Code Section 65915(f) for housing developments that meet the requirements oft this density bonus chapter. D. Density Bonus Location. Eligible housing developments and density bonuses shall be located in areas as defined in Government Code Section 65915(i). E. Continued Affordability and Affordable Housing Agreement - Rental Units. An applicant shall agree to, and the City shall ensure, the continued affordability of all very low-, low-, and moderate-income rental units that qualified the applicant a. Projects that are funded without low-income housing tax credits shall ensure b. Projects that are funded with low-income housing tax credits shall ensure F. Continued Affordability - For-Sale Units. An applicant shall agree to, and the City shall ensure that the qualified applicant for the density bonus award meets either a. The initial occupants of all for-sale units that qualified the applicant for the density bonus are persons and families of very low, low, or moderate income, the units are offered at an affordable housing cost, and are subject to an equity sharing agreement, unless this is in conflict with the requirements b. Ifthe unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is 65915(b) or successor statute. other provisions in Government Code Section 65915(f). fora a density bonus for a minimum duration as follows: affordability for a minimum period of 90 years. affordability for a minimum period of55 years. oft the following: ofanother public funding source. City ofC Calipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance for Housingl Element compliance- January 28,2 2025 Page 7of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies the requirements in the California Revenue & Tax Code $402.1(a)(10). 7. Incentives or Concessions for Housing Developments A. Applicability. An applicant for a density bonus may submit a proposal for the B. Number of Incentives or Concessions. Except as provided in this section and Government Code Section 65915(d)(1), the applicant shall receive from one to C. Types ofl Incentives or Concessions. For the purposes oft the density bonus chapter a. Modification of Development Standards. A reduction in site development standards or a modification of zoning requirements or architectural design requirements that exceed the minimum building standards in City of Calipatria that would otherwise be required, that results in identifiable and b. Approval of Mixed-Use Zoning. Approval of mixed-use zoning in conjunction with the housing development if commercial, office, industrial or other land uses will reduce the cost of the housing development and ift the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned development in the area Other Regulatory Incentives or Concessions. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c) or successor d. Direct Financial Incentives. This section does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or D. Approval and Findings for Denial. The City shall grant the incentives or concessions requested by the applicant unless it makes a written finding, based on a. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the b. The concession or incentive would have a specific, adverse impact upon public health and safety, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse specific incentives or concessions that the applicant requests. five incentives or concessions. incentive or concession means any of the following: actual cost reductions. where the housing development will be located. statute. dedication requirements. substantial evidence, ofa any of the following: targeted units. City ofCalipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance forl Housing! Element compliance- January 28, 2025 Page8of23 1421142.312- - Housing) Element Ordinance! UpdatelStaff Report & Reso impact without rendering the development unaffordable to low- and C. The concession or incentive would be contrary to State or Federal Law. 8. Additional Density Bonus or Incentive or Concession for Land Donations or A. Applicability and Type of Density Bonus. The City shall grant an additional a. Land Donations. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City for the development of very low-income housing units, the applicant shall be entitled to an increase above the otherwise maximum allowable density mandated by the Government Code pursuant to the amount and conditions specified in the Government Code and any other applicable provisions. b. Childcare Facilities.. A housing development that conforms to the Government Code Sections 65915(b) and (h), and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project shall receive an additional density bonus that is an amount of square feet of residential space or an additional incentive or concession pursuant to the amount and conditions of this section and Government Code Sections moderate-income households. Childcare Facilities density bonus or incentive, or concession as follows: 65915(h) and (k). 9. Condominium Projects A. Applicability. The City shall grant a density bonus or provide other incentives of equivalent financial value to an eligible project to convert apartments to a condominium pursuant to the amount and criteria in this chapter and Government a. Density Bonus. For purposes of this section and Government Code Section 65915.5 or successor statute, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing b. Other Incentives. For purposes of this section and Government Code Section 65915.5 or successor statute, "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of Code Section 65915.5 or successor statute. structure or structures proposed for conversion. conversion approval. B. General Requirements. The following provisions and all applicable provisions in Government Code Section 65915.5 or successor statute shall apply to a project to a. Administrative Costs. The applicant shall pay for the reasonably necessary administrative costs incurred by the City pursuant to this section and convert apartments to a condominium: Government Code Section 65915.5 or successor statute. City ofCalipatria City Council Textual amendments tot the City of Calipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 9of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso b. Conditions of Approval. The City may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which ensure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower-income households. Authority to Deny. Nothing in this Section or Government Code Section 65915.5 or successor statute shall be construed to require the City to approve aj proposal to convert apartments to condominiums. 10. Commercial Projects. This section outlines the requirements and incentives associated with a commercial development bonus granted by the City in partnership with developers constructing commercial projects. This bonus is designed to incentivize the inclusion of affordable housing within or near commercial developments. These A. The housing development shall be located either on the site of the commercial development or on a site within the city that is within one-half mile of a major transit stop and is located in close proximity to public amenities, B. At least 30 percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15 percent ofthe total units ini the housing development shall be made available at affordable ownership cost or affordable rent for very low- C. The commercial developer must agree to either directly build the target units; donate a site consistent with subsection A above for the target units; or make a cash D. Any approved partnered housing agreement shall be described in the City's housing element annual report as required by California Government Code requirements and incentives consist oft the following: including schools and employment centers. income households. payment to the housing developer for the target units. Section 65915.7(k). 11. Waivers or Reductions in Development Standards A. This subsection clarifies that applicants seeking density bonuses can request waivers or reductions in development standards that might otherwise obstruct the construction of housing projects incorporating those bonuses. Said waivers or reductions are contingent upon the applicant demonstrating that they are physically necessary to build the housing development with the added density permitted by the B. Limitations and Standards for Waivers and Reductions. The subsection outlines specific limitations and standards governing these waivers and reductions which a. Preclusion of Housing Development. The City is prohibited from enforcing development standards that would effectively prevent the construction of housing developments meeting specific criteria, including those outlined in Government Code Section 65915(b), and those utilizing the densities, density bonus and any associated incentives. include the following: City ofCalipatria City Council Textual amendments tot the City ofC Calipatria Zoning Ordinance forl Housing Element compliance - January 28, 2025 Page 10of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso concessions, or incentives allowed by the Density Bonus Chapter. b. Impact on Health or Safety. The City is not required to grant waivers or reductions that would negatively affect health or safety, particularly if there's noj practical way to mitigate or avoid such adverse impacts. Impact on Historical Resources. Waivers or reductions that would harm properties listed in the California Register of Historical Resources are not d. Compliance with State and Federal Law. The City is not obligated to grant waivers or reductions that conflict with state or federal laws. e. No Effect on Incentives or Concessions. A proposal for a waiver or reduction in development standards should not alter the number of incentives or concessions an applicant is entitled to under Government Code Section Limitations for Housing Developments Near Major Transit Stops. Housing developments near major transit stops receiving density bonus waivers are subject to more specific regulations regarding waivers and reductions, as outlined in Government Code Sections 65915(d)(2)(D): and 65915(/3)D)di). mandatory. 65915(d). 12. Parking Ratios for Housing Developments. A. Maximum Parking Ratios: The subsection establishes maximum parking ratios that the City can require for the following dwelling unit sizes: a. 0-1 bedrooms: 1 parking space. b. 2-3 bedrooms: 1.5 parking spaces. C. 4+ bedrooms: 2.5 parking spaces. B. Limited or No Parking Ratios: This subsection outlines situations where the City must impose lower or no parking minimums. These situations include: a. Developments with a significant percentage ofl low- or very low-income units meeting specific criteria outlined in Government Code Section b. Developments consisting entirely of rental units (excluding manager's units) that are affordable to lower-income families and meet the criteria in Special needs housing developments and supportive housing developments meeting specific criteria related to affordability and access to public transit, 65915(P)2)(A). Government Code Section 65915(p)(3). as defined in Government Code Section 65915(p)(4). C. General Requirements: This subsection specifies some general requirements for a. Rounding up non-whole number parking space requirements to the next applying reduced parking ratios including: whole number. City ofCalipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance: for Housing Element compliance- January 28, 2025 Page 11of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso b. Permitting tandem or uncovered parking but not on-street parking to meet Allowing applicants to request additional parking incentives or concessions d. Permitting the City to impose higher parking ratios than the maximums, but not exceeding them, if a parking study provides substantial evidence for e. Clarifying that requests for reduced parking ratios do not affect other incentives or concessions that an applicant may be entitled to. onsite parking requirements. beyond those outlined in the document. doing sO. 13. Agreement to Ensure Continued Affordability. Prior to the issuance ofany planning permit for a project receiving a density bonus or other incentive, the applicant shall record an affordable housing agreement for a project with rental units along with a resale restrictive covenant for projects with for-sale units. The agreements and covenants shall ensure the continued availability of the units for persons and households of the types and incomes pursuant to the costs, periods, and other requirements in Government Code Sections 65915(c)(1), 65915(c)(2), and 65916 or 14. Construction of Affordable Housing Units. Any development project that is granted a density bonus or other benefit, the affordable units that qualify the project as eligible for a density bonus must be constructed concurrently with or prior to the construction ofany market rate units. The affordable units must also be integrated with the market rate unit sO that there is a mix of affordable and market rate units, if any, in each 15.1 Fulfillment of Government Code Section 65915. This section is implemented to clearly outline the chapter's goal of fulfilling Government Code Section 656115 and to declare that the Government Code shall supersede any conflicting provisions in the ADU Ordinance. Over the past decades, California policymakers have implemented proactive measures and reforms to simplify the development of both ADUS and JADUS, aiming to create more affordable housing options throughout the state. To further this goal, the state enacted Senate Bill (SB) 1160 in 1982 which encouraged localities to allow the construction of ADUS on single-family lots. Following SB 1160, Assembly Bill (AB) 1866 was enacted in 2002 which required cities and counties to adopt a more straightforward approach to the ADU approval process and eliminate the need for special permits and extensive reviews. To further address low ADU development rates and combat the housing crisis throughout the state, policymakers introduced a series of new ADU laws in 2016 to streamline the permitting process and establish workable statewide standards. In recent years, the California Legislature has approved, and the Governor has signed into law several bills that, among other things, amended various sections of the Government Code to impose new limits on local authorities to regulate ADUS and JADUS. The most recent bills were adopted on September of 2024 via AB 2533 and SB 1211 The current iteration of the City of Calipatria Zoning Ordinance does not have an established successor statutes. building oft the development project. density bonus chapter. that further amend the state. ADU law. City ofCalipatria City Council Textual amendments tot the City of Calipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 12of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso ADU ordinance in compliance with the State ADU Law (California Government Code sections 66310 through 66342). Therefore, the proposed amendments to Chapter 2.26 of the City of Calipatria Zoning Ordinance are intended to implement Program No. 7a and No. 21 of the 2021- 2029 Housing Element to comply with the requirements of the State ADU Law. The proposed 1. Definitions. This section outlines various definitions related to housing regulations, particularly focusing on ADUS and JADUS. The intent of this section is to clarify the meanings of specific terms and phrases used throughout the ADU ordinance to ensure a common understanding of key concepts and reduce ambiguity and potential ADU ordinance consists oft the following: misinterpretations. The following terms are defined in this section: Accessory dwelling unit or ADU Accessory structure Complete independent living facilities Efficiency kitchen Junior accessory dwelling unit or. JADU Livable space Living area Nonconforming zoning condition Passageway Proposed dwelling Public transit Tandem parking 2. Permit Requirements. This section outlines the approval process for ADUS and. JADUS A. Building Permit Only. Certain ADUS and JADUS only require a building permit for a. One ADU and one JADU on a single-family lot if the ADU or JADU meets specific requirements like being located within the existing space of the main dwelling or accessory structure, having independent exterior access, and b. One detached ADU on a single-family lot, in addition to a JADU permitted under the previous category, as long as the ADU meets specific limitations C. ADUS converted from non-livable spaces in multifamily dwellings, limited to d. Up to two detached ADUS on a multifamily lot with a proposed dwelling or up to eight detached ADUS on a lot with an existing multifamily dwelling, as long as they meet setback, height, and quantity requirements. B. ADU Permit. In scenarios other than those listed above, an ADU requires both a building permit and a separate ADU permit. The City may charge a processing fee which consists ofthe following: approval. This includes: meeting fire and safety setbacks. such as setbacks, floor area, and height limits. 25% of the existing multifamily units. for these permits. C. Process and Timing. a. The approval process for an ADU permit is ministerial, meaning it does not require discretionary review or a hearing. City ofCalipatria City Council Textuala amendments tot the City ofCalipatria Zoning Ordinance for Housing) Element compliance- - January 28, 2025 Page 13of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso b. The city has 60 days to approve or deny an ADU or JADU application. Applications are deemed approved if the City does not take action within the 60-day timeframe, unless the applicant requests a delay, or the ADU/JADU application is submitted with ai new dwelling permit application. d. Ifan application is denied, the City must provide the applicant with a list of deficiencies and instructions on how to remedy them within the 60-day period. . Applications for ADUS replacing detached garages are reviewed and issued concurrently with the demolition permit for the garage. 3. General ADU and JADU Requirements. This section outlines general requirements for ADUS and JADUS consisting oft the following: A. Zoning Requirements a. ADUS requiring only al building permit can be built ini residential or residential b. ADUS requiring an ADU permit are allowed on lots zoned for single-family or JADUS can only be built on lots zoned for single-family residences. mixed-use zones. multifamily dwellings. B. Height Restrictions a. Detached ADUS on lots with single-family or multifamily dwellings are b. Detached ADUS near major transit stops or high-quality transit corridors can reach 18 feet, with a potential increase to 20 feet to align with the primary Detached ADUS on lots with multifamily dwellings exceeding one story d. Attached ADUS cannot exceed 25 feet or the height limit for the primary dwelling, whichever is lower. They are also limited to two stories. e. Height is measured from existing legal grade or the lowest floor to the structure's peak. Note that ADUS cannot exceed one story in height. limited to 161 feet in height, unless otherwise specified. dwelling's roof pitch. above grade can be up to 18 feet tall. C. Other Requirements a. Fire Sprinklers. ADUS require fire sprinklers only if they are also required in the primary residence. ADU construction does not necessitate sprinkler b. Rental Term. ADUS and JADUS cannot be rented for less than 30 days. Separate Conveyance. ADUS and JADUS can be rented, but generally cannot be sold or conveyed separately from the primary dwelling and lot. d. Septic System. ADU/JADU applications requiring connection to an onsite wastewater system need aj percolation test conducted within the last five years, or ten years if recertified. This is not applicable to the City of Calipatria as installation in the existing primary dwelling. City ofCalipatria City Council Textuala amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 14of23 142/142.312- - Housing Element Ordinancel UpdatelStaff] Report &I Reso septic systems are not permitted, but state law requires this language to be Owner Occupancy. ADUS built on or after January 1, 2020, do not have owner-occupancy requirements. All JADUS require a person with legal or equitable title to the property to reside in either the primary dwelling or JADU. This requirement is waived if the property is fully owned by a Deed Restriction. Before a building permit for an ADU or JADU is issued, a deed restriction must be recorded and filed. This restriction outlines: The inability to sell the ADU or JADU separately from the primary dwelling, except as permitted by Government Code Section 66341. ii. Limitations on size and attributes oft the ADU/JADU. ii. The restriction applies to all future owners. included. government agency, land trust, or housing organization. iv. Removal of the restriction is possible by eliminating the ADUJADU, V. Enforcement of the restriction lies with the Planning Department, and failure to comply can lead to legal action and potential remedies like which can involve removing the kitchen facilities. injunction or abatement. D. Building and Safety a. Building Code Compliance. ADUS and JADUS must adhere to local building codes, with a potential exception outlined further in the proposed ADU b. Occupancy Change. ADU construction does not automatically constitute an occupancy change under the building code unless the building official determines a specific, adverse impact on public health and safety. The City retains the right to change the occupancy code for spaces converted from ordinance. uninhabitable or non-residential use to residential use. 4. Specific ADU Requirements. This section outlines the specific requirements for ADUS that require an ADU permit which consists of the following: A. Size Limitations a. The maximum size for a detached or attached ADU is 850 square feet for studios or one-bedroom units and 1,000 square feet for units with two or more b. For attached ADUS built on lots with existing primary dwellings, the size is further limited to 50% oft the existing primary dwelling's floor area. C. However, the application of other development standards, such as lot coverage, cannot require the ADU to be smaller than 800 square feet, even if itmeans exceeding the percentage-Dased size limit or setback requirements. bedrooms. B. Setback Requirements City ofCalipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 15of23 1421142.312- - Housing Element Ordinance UpdatelStaff) Report & Reso a. ADUS generally must comply with 4-foot side and rear setbacks and a 20-foot front setback. No setback is required for an ADU built in the same location and with the same dimensions as an existing structure. a. An ADU cannot increase the total lot coverage beyond 50%. I Lot Coverage and Open Space b. Similarly, the ADU cannot reduce the total open space on the lot to below These lot coverage and open space limitations are subject to the minimum size 50%. requirement of 800 square feet mentioned earlier. D. Parking Requirements a. One off-street parking space is generally required for each ADU, which can be located in setback areas or as tandem parking which is defined as two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. b. However, parking is not required in several specific situations: The ADU is within a half-mile walking distance of public transit. The City of Calipatria has two existing bus stops serviced by the Imperial Valley Transit. Please refer to Attachment C = Public Transit Location for a visual of the half mile radius beginning from the two transit stops ii. The ADU is located in an architecturally and historically significant district. Note that there are no such districts in the City of Calipatria, but iii. The ADU is integrated into the existing primary residence or an iv. On-street parking permits are required but not offered to the ADU V. A car share vehicle stop is located within one block of the ADU. For the purposes of this subsection, a car share vehicle stop is a designated parking space for vehicles that are part ofa car sharing program. The City of Calipatria has no such locations, but state law requires the language to vi. The. ADU permit application is submitted along with an application for a new single-family or multifamily dwelling on the same lot, as long as the Ifa garage, carport, or covered parking structure is demolished or converted into an ADU, the existing parking spaces do not have to be replaced. However, replacement parking is still required if an existing integral garage is converted into a. JADU. For the purposes of this subsection an integral garage isa garage that is built into the main structure of a house, with special attention to the aesthetics of the entire home. While the State ADU law located within the City ofCalipatria. state law requires the language to be included. accessory structure. occupant. be included. ADU or lot meets other parking exemption criteria. City of Calipatria City Council Textual amendments tot the City ofC Calipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 160 of23 1421142.312- Housing Element Ordinance UpdatelStaffi Report & Reso restricts cities from requiring replacement for ADUS, such restrictions do not extend to. JADUS and are left at the discretion oflocal governments. E. Architectural Requirements a. The ADU's exterior walls, roof, windows, and doors must match the primary b. The ADU's roof slope must match the dominant roof slope of the primary Exterior lighting must be limited to down-lights or as required by building or d. The ADU must have a separate exterior entrance from the primary dwelling. e. The ADU's interior dimensions must be at least 10 feet wide in all directions No windows or doors in the ADU can have a direct line of sight into an adjacent residential property. This can be achieved through strategic placement or the use of fencing, landscaping, or privacy glass. g. For windows and doors less than 30 feet from a property line that is not a public right-of-way, windows must be clerestory (with the bottom of the glass at least 6: feet above the floor) or use frosted or obscure glass. dwelling's materials and colors. dwelling. fire codes. and have a minimum interior wall height of7 feet. F. Historical Protections a. ADUS located on or within 600 feet of a property listed in the California Register of Historic Resources must not be visible from any public right-of- way. Note that there are no such districts in the City of Calipatria, but state law requires the language to be included. G. Allowed Stories a. ADUS cannot have more than one story, except for attached ADUS, which can have the number ofs stories allowed for the primary dwelling. 5. Fees. This section outlines the fees associated with ADUS which consist of the following: A. Impact Fees a. ADUS under 750 square feet are exempt from impact fees. b. Impact fees include fees under the Mitigation Fee Act and the Quimby Act, but do not include connection fees or capacity charges for water or sewer ADUS 750 square feet or larger are subject to impact fees, calculated The fee is determined by dividing the ADU's floor area by the primary dwelling's floor area and then multiplying that by the typical fee for a service. proportionally to the size oft the primary dwelling unit. new dwelling. City ofCalipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance- - January 28, 2025 Page 17of23 1421142.312- - Housing Element Ordinancel UpdatelStaff Report &I Reso B. Utility Fees a. ADUS built with a new single-family home require a separate utility connection and payment ofs standard connection and capacity charges. b. Converted ADUS created from existing space within a single-family home do not require a new or separate utility connection or any related fees. All other ADUS require a new, separate utility connection for any city- provided utility, with connection fees or capacity charges based on floor area Utilities not provided by the City are subject to the connection and fee requirements oft the specific utility provider. d. The portion of the connection fee or capacity charge charged by the City cannot exceed the reasonable cost of providing the service. ord drainage-fixture units (DFU) values. 6. Nonconforming ADUS and JADUS - This section outlines the City's approach to handling nonconforming zoning conditions, building code violations, and unpermitted structures when reviewing applications for ADUS and JADUS. The City will not deny an ADU or JADU application solely based on existing nonconforming zoning conditions, building code violations, or unpermitted structures on the lot ifthese issues do not pose a threat to public health and safety and are not directly affected by the ADU or JADU construction. Furthermore, the City is prohibited from denying a permit to legalize an unpermitted ADU and JADU constructed before January 1, 2020, subject to the A. The City can deny a permit to legalize an unpermitted ADU or JADU constructed before January 1, 2020, ifi it determines that correcting a violation is necessary to meet the standards outlined in California Health and Safety Code Section 17920.3. This section of the California Health and Safety Code pertains to substandard B. The City can deny a permit to legalize an unpermitted ADU or JADU if the building is deemed substandard according to California Health and Safety Code following exceptions: buildings. section 17920.3. Additional Ordinance Updates. State law requires that the City's Zoning Ordinance give certain considerations to a variety of housing types including emergency shelters, permanent supportive housing, residential care homes of seven or more persons, and low barrier navigation centers, single room occupancies, and farmworker housing. To meet the requirements set forth by State law, the City implemented Program No. 7 in its 2021-2029 Housing Element which 1. Emergency Shelters. As stated in Section 5.10.020(E) of the City of Calipatria Zoning Ordinance, emergency shelters are defined as a facility for the temporary overnight In 2013, the City of Calipatria City Council adopted its current Zoning Ordinance which lists emergency shelters as a permitted use in all residential zones and established special objective standards for the development of emergency shelters in the city. Since the adoption of the Zoning Ordinance, the California Legislature has enacted numerous proposed the following updates: shelter ofi indigents operated by aj public or non-profit agency. City ofCalipatria City Council Textual amendments tot the City of Calipatria Zoning Ordinance: for Housing Element compliance- January 28, 2025 Page 18of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso bills with the intent to facilitate the development of emergency shelters throughout the state. As part of their review ofthe 2021-2029 Housing Element, HCD requires the City of Calipatria to amend its Zoning Ordinance to comply with the new standards for To comply with the requirements of AB 139, the proposed amendment to Section 2.26.050 of the Zoning Ordinance will remove the restrictions placed on the maximum number of beds for emergency shelters, remove the distance requirement between emergency shelters, and remove the requirement for emergency shelters to ensure 2. Supportive Housing. As stated in Section 5.10.020(T) of the City of Calipatria Zoning Ordinance, Supportive housing is defined in Section 50675.14 of the Health and Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in the Health and Safety Code. In2 2013, the City of Calipatria City Council adopted its current Zoning Ordinance which lists supportive housing as a permitted use in all residential zones. Since the initial adoption of the Zoning Ordinance by the City, the California Legislature enacted AB 1584 which amended Section 65651 of the California Government Code to establish procedures and requirements for the development of supportive housing projects throughout the state. As part of their review of the 2021-2029 Housing Element, HCD requires the City of Calipatria to amend its Zoning Ordinance to establish the following standards, in compliance with Section 65651 of the California Government Code, to a. Units within the development are subject to a recorded affordability restriction b. One hundred percent of the units, excluding managers' units, within the development are restricted to lower income households and are or will be receiving public funding to ensure the affordability of the housing to lower income Californians. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing C. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be d. The developer provides the City of Calipatria with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, and describing those services, i. The name of the proposed entity or entities that will provide supportive ii. The proposed funding source or sources for the provided onsite emergency shelters established via AB 139. continuous good standing with the city and state. Section 2.26.140 of the Zoning Ordinance: for55 years. financing for the development. restricted to residents in supportive housing. which shall include all of the following: services. supportive services. City ofCalipatria City Council Textual amendments tot the City of Calipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 19of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso ii. Proposed staffing levels. following amounts: . Nonresidential floor area shall be used for onsite supportive services in the For a development with 20 or fewer total units, at least 90 square feet ii. Forad development with more than 20 units, at least 3 percent oft the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community The developer replaces any dwelling units on the site of the supportive housing 5 Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a The proposed amendment will further update Section 2.14.020 of the Zoning Ordinance to establish transitional and supportive housing as aj permitted use in CP-T and DC: zones 3. Residential Care Facilities. Residential care facilities include facilities for the elderly, adult residential facilities, and group homes, including small family homes for children. They are licensed as community care facilities by the state Department of Social Services and provide 24-hour care, meals, support, and maintenance services to children, The current iteration of the City of Calipatria Zoning Ordinance lists residential care facilities serving up to six clients as aj permitted use in R-1, R-2, R-3, and all commercial zones while residential care homes serving greater than six clients are only permitted in R-2 and R-3 zones via a Conditional Use Permit (CUP). As part of their review ofthe 2021-2029 Housing Element, HCD requires the City of Calipatria to amend its Zoning Ordinance to list residential care homes as a permitted use in all residential and commercial zones. Therefore, the proposed amendment will update Chapters 2.12 and 2.14 of the Zoning Ordinance to list residential care homes as a permitted use in all 4. Low Barrier Navigation Centers. Low barrier navigation centers are defined as a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, Section 65662 oft the California Government Code requires all cities to allow low barrier navigation centers by right in all zones permitting multifamily and mixed-use developments. The current iteration of the City of Calipatria Zoning Ordinance does not provide any standards for low barrier navigation centers and is therefore not in compliance with Section 65662 of the California Government Code. Thus, the proposed shall bej provided for onsite supportive services. kitchens. development ini the manner provided in Chapter3.14. stovetop, a sink, and a refrigerator. as required by AB 1584. the elderly, and adults with intellectual and physical disabilities. residential and commercial zones. shelter, and housing. City of Calipatria City Council Textual amendments tot the City of Calipatria Zoning Ordinance forl Housing Element compliance- January 28, 2025 Page 200 of23 1424142.312- Housing! Element Ordinance UpdateiStaff Report & Reso amendment will update Sections 2.12.020, 2.14.020, and implement 2.26.130 to list low barrier navigation centers as aj permitted use and establish the following standards stated a. Itoffers services to connect people to permanent housing through a services plan b. Itis linked to a coordinated entry system, SO that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services Itcomplies with Chapter 6.5 (commencing with Section 8255) of Division 8 of d. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 ofTitle 24 oft the in Section 65662 of the California Government Code: that identifies services staffing. to connect people toj permanent housing. the Welfare and Institutions Code. Code ofl Federal Regulations. 5. Farmworker Housing. As stated in Section 5.10.020(F) of the City of Calipatria Zoning Ordinance, farmworker housing is defined as any attached or detached dwelling unit used to house farm/agricultural workers and their family members, including The current iteration oft the City of Calipatria Zoning Ordinance does not make mention of farmworker housing apart from the definition in Section 5.10.020(F). As part of their review of the 2021-2029 Housing Element, HCD requires the City of Calipatria to amend its Zoning Ordinance to list farmworker housing as a permitted use in all residential zones. Therefore, the proposed amendment will update Section 2.12.040 to 6. - Single Room Occupancy. Single room occupancies (SRO), also referred to as a residential hotel unit, means an efficiency unit that: (A) is occupied as a primary residence, and (B) is subject to state landlord-tenant law pursuant to Chapter 2 of the Civil Code. The term also includes a unit in an "SRO project" as described in the The current iteration of the City of Calipatria Zoning Ordinance does not make mention ofSROs apart from listing them as a conditional use in Section 2.12.020. As part oftheir review of the 2021-2029 Housing Element, HCD requires the City of Calipatria to amend its Zoning Ordinance to establish provisions for the allowance of SROs in the City. Thus, the proposed amendment will update Sections 2.12.020 and implement Section 2.26.150 to list SROs as a permitted use in all residential zones and establish the temporary mobile homes. list farmworker housing as aj permitted use in all residential zones. California Code of] Regulations. following development standards: a. Single Room Occupancy Units (SRO) 1. The minimum size of a unit shall be one hundred fifty (150) square feet and the maximum size shall be four hundred (400) square feet. ii. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub, shower, or City of Calipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 21of23 1421142.312- - Housing Element Ordinance UpdatelStaff Report & Reso bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with California Building Code for congregate residences with at least one full iii. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one oft these appliances. Ifa full kitchen is not provided, common kitchen facilities shall be bathroom per every three units on a floor. provided with at least one fulll kitchen per floor. iv. Each SRO shalll have a separate closet. V. All SRO units shall comply with all requirements of the California Building Code. b. Single Room Occupancy Facilities. i.A single room occupancy facility is not required to meet density ii. Four square feet of interior common space per unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. All common areas shall comply with all applicable ADA iii. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in accordance with the most recent edition of the California Building Code for congregate residences with at least one full bathroom (including toilets, sinks, and bathing facilities) per every three units on a floor. The shared shower or bathtub facility shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door. iv. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten (10) units, with at least one washer and V. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor oft the SRO facility. vi. Am management plan shall be submitted with the development application for an SRO facility and shall be approved by the City of Calipatria Planning Department. The management plan must address management and operation of the facility, rental procedures, safety and security oft the vii. An SRO facility with ten (10) or more units shall have an on-site manager. An SRO facility with less than ten (10) units shall provide a viii. Parking shall be provided for an SRO facility at a rate of one parking standards of the general plan. accessibility and adaptability requirements. dryer per floor. residents and building maintenance. management office on-site. City ofCalipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinance for Housing Element compliance- January 28, 2025 Page 220 of23 1421142.312- - Housing Element Ordinance UpdateiStaff Report & Reso space per unit plus an additional space for the on-site manager. Different parking standards apply in the form-based code area. See Section 3.10.070, Table 3-4: Required Parking Spaces. ix. All SRO facilities shall comply with all applicable ADA accessibility and X. An existing structure may be converted to an SRO facility, consistent adaptability requirements. with the provisions oft this section. ENVIRONMENTAL The textual amendments are exempt from the California Environmental Quality Act (CEQA). Pursuant to CEQA requirements a Notice of] Exemption will be filed with the Office ofPlanning and Research citing an exemption via Section 15061(b)(3) of the California Code of Regulations. Under this section, projects that can be seen with certainty to have no potential for causing a significant effect on the environment are not subject to CEQA. PUBLIC NOTICING Pursuant to Chapter 4.22 of the Zoning Ordinance, the City Council may adopt an ordinance approving a textual amendment subject to a public hearing. A public hearing was held on January 14, 2025, where the item was presented to the City Council and an introduction and first reading, by title only, of the ordinance was conducted. PENDING ACTION Pursuant to Section 36934 oft the California Government Code, the City Council must conducta second reading, by title only, of the proposed amendment. Once the second reading has been completed, and all public comments have been considered, the City Council must motion one of Adopt Ordinance 0125 amending the City of Calipatria Zoning Ordinance as shown on Exhibit A pursuant to Section 36934 oft the California Government Code. Not adopt Ordinance 0125 rejecting the textual amendments shown on Exhibit A. the following actions: Or Attachments: Attachment A - Affected Zoning Designations Attachment B - Affected Land Use Designations Attachment C- Public Transit Radius Attachment D - Public Hearing Notice Attachment E - City Council Ordinance 0125 Exhibit A - Zoning Text Amendment City ofCalipatria City Council Textual amendments tot the City ofCalipatria Zoning Ordinancei forl Housing! Element compliance- January 28, 2025 Page 23of23 1421142.312- Housing Element Ordinance UpdatelStaff Report & Reso Attachment A-Affected Zoning Designations CITY OF CALIPATRIA ZONING MAP LEGEND R:LowDenily Residential MAyFmiyRaideniw ManpDamaraa MP omePat CP.CommerdaiProles CommerialP DC:DourtownCore ylinits LastU Updated October2 20, 2020 perR ResolutionN No.F PC2 20-002 AFFECTED: ZONING DESIGNATIONS Attachment B-Affected Land Use Designations CYOFCALIPATRIA GENERALPLAN Echyofcalipatia Sphereo ofinfluence ProposedL Use Designation LowD DensityR Residential MediumD DensityR HighD DensityR Residential Generalc Commercial DowntownD District a AFFECTED LAND USE DESIGNATIONS landUse Map- City! Focus ig CYOFCALIPATRIA PLAN Eciyotcatipatia Aspherofhnfluence Proposedl Landu UseD Designation Low Density Residential MediumD DensityResidential HighD DensityR Residential Commercial District. Mile AFFECTEDLANDUSE DESIGNATIONS landUse Map Attachment C- Public Transit Radius City of Calipatria R LEGEND: Cityl Limits Parcell Line Transit Stop 2,640ft Radius 33 NottoScale PUBLIC TRANSIT RADIUS Attachment D- Public Hearing Notice CALI Doy 1919 Notice of Public Hearing City of Calipatria Notice is hereby given that aj public hearing will be held by the City of Calipatria City Council at the date, time, and place indicated! below. Thej purpose oft thej public hearing willl bet tol hear comments from Introduction and first reading by title only of an ordinance All Residential, and Commercial the public regarding the following subject: Project: Location: amending the City ofCalipatria. Zoning Ordinance: asitrelates Zones to density bonus provisions, accessory dwelling units and junior accessory dwelling units, and alleviating constraints for the production ofa variety of housing types Ini furtherance of Programs Number 3, 7,and 21 oft the 2021-2029 City ofCalipatrial Housing Element, the City Council will conduct an introduction and first reading by title only of an ordinance amending the City of Calipatria Zoning Ordinance. The goal of the amendments is to reduce development constraints for emergency shelters, supportive housing, residential care homes, low barrier navigation centers, farmworker housing, and single room occupancies in conformance with state law. Additional updates consist of updating the City's Density Bonus Ordinance and implementing an Accessory Dwelling Unit Ordinance to comply with recent changes to state law. The proposed amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) via Section 15061(b)(3) of the California Code of Regulations. The proposed amendment was presented to the City of Calipatria Planning Commission during a duly noticed public hearing on December 17, 2024, where a motion was made to recommend approval oft the textual amendments to the City Council. The purpose oft this public hearing is to present the proposed amendments to the City Council so that they may consider public comments for and against the proposed amendments and conduct an introduction and first reading. City Council Hearing Date: January 14, 2025 Hearing Time: 6:00P PM Hearing Location: City Hall 125 North Park Avenue Calipatria, CA 92233 Copies ofp pertinent information are available for review at the City Hall during regular business hours. Ifyou would like tol know more about the proposed project prior to the public hearing, please contact Francisco Barba, Associate Planner, at (760): 337-3883 or via email at barha@teholgroup.ne: Any person desiring to comment on the above project may dos so in writing or may appear in person at the public hearing. Written comments should be directed to the Calipatria City Clerk, 125 North Park Avenue, Calipatria, CA 92233 and be delivered prior to the Public Hearing date. Please reference the project name in all written correspondence. Posted: avsluslade Date: 1-3-35 Attachment E- City Council Ordinance 0125 Exhibit A-Zoning Text Amendment ORDINANCE NO. 0125 AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OFCALIPATRIA AMENDING1 TEXTI IN'T THE CITY OF CALIPATRIA ZONING ORDINANCE. ASIT RELATESTO DENSITY BONUS PROVISIONS, ACCESSORY DWELLING UNITS AND JUNIOR. ACCESSORY DWELLING UNITS, AND. ALLEVIATING CONSTRAINTS FOR THE PRODUCTION OF A VARIETY OF HOUSING1 TYPES WHEREAS, the City Council of the City of Calipatria adopted its 2021-2029 Housing Element inc compliance with the State Housing Element law (Government Code Sections 65580 through WHEREAS, the 2021-2029 Housing Element incorporated policies and respective action programs that necessitate amendments to the City of Calipatria Zoning Ordinance and the establishment of an Accessory Dwelling Unit (ADU) Ordinance for compliance with State Law; WHEREAS, a duly noticed public hearing was held on December 17, 2024 by the Planning Commission pursuant to Chapter 4.22 ofthe Zoning Ordinance where they adopted Resolution 24- 03 PC recommending that the City Council adopt the Zoning TextA Amendment; and WHEREAS, the City Council held a duly noticed public hearing on January 14, 2025 where they conducted an introduction and first reading by title only and considered all comments for and WHEREAS, the City Council held a second reading by title only on January 28, 2025, where upon considering all comments and documentation for the Zoning Text Amendment, the City 65589.11); and and against the ordinance; and Council took action. NOWTHEREFORE BE ITI RESOLVED. AS FOLLOWS: are incorporated herein as substantive findings ofthis Ordinance. SECTION 1: The City Council hereby finds that the foregoing recitals are true and correct and SECTION 2: The City of Calipatria Zoning Ordinance shall be regulated and restrict land use changes and standards noted under Exhibit A - Zoning' Text Amendments, incorporated hereto SECTION 3: The City Council finds and determines that the text amendment is exempt from further review from the California Environmental Quality Act (CEQA) via Section 15061(b)(3)of the CEQA Guidelines for Implementation of the California Code ofl Regulations. SECTION 4: Ifa any section, part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all SECTION 5: This ordinance shall take effect and shall be in force thirty (30) days after the date of adoption, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published at least once in a newspaper of general circulation printed and published in the City of as referenced. sections, parts and provisions of this Ordinance shall be severable. Calipatria, together with the names of the members oft the City Council voting for and against the PASSED, APPROVED AND ADOPTED by the City Council of the City of Calipatria at a regularly scheduled meeting held on this 28th day of] January 2025, by the following roll call vote: same. AYES: NOES: ABSTAIN: ABSENT: Michael Luellen, Mayor Attest: Jane Hurtado, City Clerk Exhibit A - Zoning Text Amendment DRAFT-ZONING TEXT AMENDMENT ELEMENT COMPLIANCE CITY OF CALPATRIA-IONING ORDINANCE TEXTUAL AMENDMENT FOR HOUSING Underline is proposed newl language KeProUgA-S-EMSIRS-eRgea998-0-be-deleled Standard type is existing language to be retained CHAPTER 2.12 RESIDENTIAL ZONES Sections: 2.12.020. Residential Zones Allowablel Land Uses and Permit Requirements. 2.12.020 Residential Zones Allowable Land Uses and Permit Requirements. Table2-1 Residential Zones Allowable Land Uses and Permit Requirements Land Use R-I R-2 R-3 MHP Specific Use Regulations Agriculture Agriculture, Light P Recreation, Education, and Public Assembly Commercial Recreation Facility, Indoor: <3,000 sf - Commercial Recreation Facility, Indoor > 3,000 sf Commercial Recreation Facility, Outdoor > 3,000sf Meeting Facility, Public or Private <3,000s sf Meeting Facility, Public or Private: > 3,000s sf Park and Playground Public or Quasi-public Facility Recreational Vehicle Park Riding and Hiking Trail Residential Accessory Structure Dwelling, Duplex Dwelling, Multi-family Dwelling, Single-family Emergency Shelter Farmworker Housing Home Occupation Low Barrier Navigation Center Mobile Home Parks P P PI MUP MUP CUP CUP MUP MUP CUP P P P CUP CUP CUP P P P P P Commercial Recreation Facility, Outdoor: $3,000sf CUP MUP MUP School, Specialized Education/Training <3,000: sf CUP CUP P CUP P MUP P P P P = P P P P P P P P P P P HOP HOP HOP = P P Section 2.26.020 P Section 2.26.060 Section 4.14.030 P = Section 2.26.130 P Section 2.26.080 Residential Care Facility, 1-6 clients Residential Care Facility, 7 or more clients Rooming and Boarding House Second Dwelling Single Room Occupancy Transitional & Supporting Housing Service Bed and Breakfast Inn P P P --P --P CUP CUP - P P P CUP P P P P P P P P CUP CUP CUP MUP CUP CUP P P P CUP CUP CUP Section 2.26.100 P Section 2.26.140 --P --P CUP - P Section 2.26.150 Child Day Care - Family Day Care Center Child Day Care - Large Family Home Child Day Care - Small Family Home Hotel, Motel Medical Service - Hospital Transportation: & Infrastructure Telecommunication Facility End Note 1. For use by residents Legend P Permitted Use MUP Minor Use Permit CUP Conditional Use Permit Required HOP Home Occupation Permit Use Not Allowed Section 2.26.030 Section 2.26.030 P Section 2.26.030 CUP CUP CUP CUP Section 2.26.110 CHAPTER 2.14 COMMERCIAL ZONES Sections: 2.14.020 Commercial. Zones Allowable Land Uses and Permit Requirements. 2.14.020 Commercial Zones Allowable Land Uses and Permit Requirements. Table2-4. Commercial Zones Allowable Land Uses and Permit Requirements Land Use CP CP-T DC Specific Use Regulations Recreation, Education & Public Assembly Commercial Recreation Facility, Indoor: > 3,000: sf Commercial Recreation Facility, Outdoor Health/Fitness Facility Meeting facility, public or private <3,000sf Meeting facility, public or private > 3,000sf Park and Playground Public or Quasi-public Facility Riding and Hiking Trail School, Specialty, <3,000sf School, Specially,>3,000sf Specialized Education/Training Theater and Auditorium Studio - Art, Dance, Martial Arts Residential Accessory Structure Mixed Use Project clients Rooming and Boarding House Homeless Shelter Dwelling, Multi-family Low Barrier Navigation Center Transitional or Supportive Housing Accessory Retail/Service Use Bar/Tavern/Night Club Bullding/Landscape Materials, Indoor Building/Landscape Materials, Outdoor Commercial Recreation Facility, Indoor: <3,000sf MUP MUP P CUP CUP CUP MUP P P P P P P - MUP P P P P P P P MUP MUP P P P CUP MUP MUP P MUP MUP P P P P P P P Section 2.26.020 P P MUP Section 2.26.030 CUP' Section 2.26.070 P P P P P CUP P CUP = P = P P P P CUP CUP MUP CUP CUP Child Day Care Family Day Care Center Residential Carel Facility serving up to six clients Residential Care Facility servinggreater than six P P Section 2.26.130 P Section 2.26.140 Retail General Retail, except the following: Alcohol Beverage Sales Drive-through Sales Single tenant over 5,000 sf Operating between 10:00 p.m. and 7:00 a.m. P P P CUP CUP CUP P P CUP CUP MUP CUP MUP MUP MUP P P P MUP CUP MUP CUP CUP CUP CUP CUP CUP P2 CUP CUP P P P P P P CUP MUP CUP MUP MUP P P P MUP MUP MUP MUP MUP P P P P P P P CUP CUP MUP MUP P P P P P P P P P P P P P P P P P P2 Plant Nursery Restaurant Sidewalk Seating Live Entertainment Drive Thru Vehicle Sales, <5,000: sf ofs sales area Vehicle Sales, > 5,000 sf ofs sales area Services Automated Teller Machine (ATM) Business Support Services Car Wash Equipment Rental Financial Institutions Lodging Laundry or dry cleaning pick-up/drop-off service Medical Services - Clinic /Urgent Care Medical Services - Doctor's Office Medical Service -I Hospital Mortuary/Funeral Home Office - Business/Service Office - Professional Personal Services Repair Services - Small Equipment Recycling - Reverse Vending Machines Recycling- - Small Collection Facility Vehicle Rental Vehicle Repair & Services Vehicle Service Station Transportation & Infrastructure Electric Distribution Substation Parking Facility Telecommunication Facility Transit Center End Note CUP CUP P3 CUP CUP CUP CUP CUP CUP CUP CUP CUP Section 2.26.110 CUP CUP MUP MUP 1. Residential located above or behind nonresidential. 2. Does not include thes sale or rental of campers or trucks. 3. Excluding fender and body work, within an enclosed building Legend P Permitted Use MUP Minor Use Permit Required CUP Conditional Use Permit Required Use Not Allowed CHAPTER 2.26 - SPECIFIC USE STANDARDS Sections: 2.26.050 Emergency Shelter 2.26.100 Seeend-Dwellings Accessory Dwelling Units. 2.26.130 Low) Barrier Navigation Centers. 2.26.140 Supportive Housing. 2.26.150S Single Room Occupancy 2.26.050 Emergency Shelter. Section. A. Applicability.. Ane emergency shelter shall meet the development: and performance standards ofthis B. On-site management and on-site security shall be provided during hours when the emergency C. Adequate external lighting shall be provided for security purposes. The lighting shall be: stationary, D. The development may provide one or more of the following specific common facilities for the shelter is in operation. directed downward and shielded sO as not toj produce off-site glare. exclusive use oft the residents and staff: 1. Central cooking and dining room(s); 2. Recreation room; 3. Counseling center; 4. Child day care facilities; and 5. Other support services. employees and the surrounding area. E. Parking and outdoor facilities shall be designed to provide security for residents, visitors, F. PasimgshalehastendamwAweegNuting remeRis-orresidePceMmeeiAeHeeRelVy-isleesed Each facility shall G. The agency or organization operating the shelter shall comply with the following requirements: 1. Temporary shelter shall be available to residents for no more than six months. 2. Staff and services shall be provided to assist residents in obtaining permanent shelter and 3. Thej provider shall have a written management plani including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and include sufficient parking to accommodate all staff working in the shelter. income. treatment programs for residents. -NoemegenysheleraalsuwaasPAsefmwramergseyheliersie. Theaelity-shal-seia,andsaHtmes-gpedstandingwithCiyenderStatelieenses, Pe.Re-ytReseSEEPOPREGMReRPePePaeNEAeeFePesed-BeH J. Ini residential zones, the maximum number ofresidents of the facility shall not exceed six persons for each 1,600 square feet of lot area on the site; with the exception of those homeless shelters developed in an individual dwelling unit format, in which case the underlying zone's maximum unit density standard shall apply. 2.26.100 Seeend-Dwellings Accessory Dwelling Units. A. Limitation-en-use, Intent. Phereshal-be-Re-ReRe-MPemeseeRa-dwelingperle: Thei intent of this chapter is to allow and regulate accessory dwelling units (ADUS) and junior accessory dwelling units (JADUS) in compliance with California Government Code Sections 65852.2 and B. iming-eF-cemstrutien Effect of Conforming. A-SeERA-4weE-mA-te-ceRsReld meaneousy-wi,ePaRere-pmmayAee-AReNNAmEreEetNaEeempies-wiHne standards-fera-seesecemt-dwegR-Hs-sechen-may-be-cemsiderederedasecemt-dwelmg-and--ReW yEPAAR: An ADUor) JADU that conforms with the standards int this section 1. Deemed to be inconsistent with the City's General Plan and zoning designation for the lot 2. Deemed to exceed the allowable density for the lot on which the ADUO or JADUi isl located. 3. Considered in the application ofa any local ordinance.policy.or: program to limit residential 4. Required to correct a nonconforming zoning condition. as defined in Subsection 2.26.100(C)8) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 65852.22. will not be: on which the ADU or JADUis] located. growth. 17980.12. C. Ower-oeeupied Definitions. PHBF0-bHHHRgPeR-SSeaee,the-prepery-ownewmer-Shal-either g-a-eevenant-te-PeePe-naFreg.eS-e-merte-eewpY-eHReF-IRe-PMmy-er-seend weimg-eFemerREP-APAHePANeNEee-GFHne-dwelgs-te entedatthe-ewer-memeheseNaA-ersRedremaraeFemeFtedwelimgsshalhele: peredef3years."eeNsmEAEreetmaPePeenRHFtheowmeragreeste reeerdereevenanttatemeeFthedwedwelimgsshalbeewmereeeupied: As used in this section, terms 1. "Accessory dwelling zunit'or"ADU', means an attached ora a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with ap proposed or existing primary residence. An accessory dwelling unit a. An efficiency unit, as defined by Section 17958.1 of the California Health and b. Amanufactured home, as defined by Section 18007 oft the California Health and 2. "Accessory structure" means a structure that is accessory and incidental to a dwelling 3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily are defined as follows: also includes the following: Safety Code; and Safety Code. located on the same lot. dwelling is or will be situated. 4. "Efficiency kitchen" means al kitchen that includes all of the following: a. Acooking facility with appliances. b. Afood preparation counter and storage cabinets that are ofar reasonable size in relation to the size oft the. JADU. 5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following: a. Itis no more than 500 square feet ins size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage. is considered to be a part of and contained within the single-family structure. Itincludes its owns separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. Ifthe unit does noti include its own separate bathroom, theni it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main Itincludes an efficiency kitchen, as defined ins subsection 226.100/CX4)above entrance to the primary dwelling. 6. "Livable space" means a space in a dwelling intended for human habitation. including 7. "Livingarea" means thei interior habitable area ofad dwelling unit, including basements and 8. "Nonconforming zoning condition" means aj physical improvement on aj property that does 9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a 10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that 11. "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 oft transportation that 12. "Tandem parking" means that two or more automobiles are parked on a driveway ori ina any D. Peveepmemr-standaris Approvals. A-secene-dwelng-s-cempY-al-develepment siandards-eFtne-zemerenepeNeptierdemsiyameaspovesed-a-hs-Seelion The following approvals 1. Maximum-size Building Permit Only. Re-RAR-ePe-ere-demehat-esend welRgSha-ReFeNed-9-geePe-aNsecend-dweHing enedHCPRePHRy-esieneeshAmeteweR-eperemteFneeMsStng-vingarea: If an ADU or JADU complies with each of the general requirements in Subsection 2.26.100(E), it is allowed with only al building permit in the following scenarios: a. Converted on Single-family Lot: One ADUas described ini this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, 1. Iseither: within the space ofap proposed single-family dwelling; within the existing space of an existing single-family dwelling: or (in the case ofa an ADU only) within the existing space of an accessory structure, plus up to living, sleeping, eating, cooking. or sanitation. attics, but does not include a garage or any accessory structure. not conform with current zoning standards. street to one entrance of the ADU or JADU. meets the requirements for permitting. charge set fares, run on fixed routes, and are available to the public. other location on al lot, lined up behind one another. apply to ADUS and. JADUS under this section: where the ADU or. JADU: 150 additional square feet ift the expansion is limited to accommodating 2. Has exterior access that is independent of that for the single-family 3. Has side and rear setbacks sufficient for fire and safety, as dictated by 4. The. JADU complies with the requirements of Government Code Section b. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with ap proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection 2.26.100 (D)(1)(a), if the detached ADU satisfies each of the following ingress and egress:and dwelling; and applicable building and fire codes. 66333 through 66339. limitations: 1. The side- and rear-yard setbacks are at least four feet. 2. The total floor area is 800 square feet or smaller. in Subsection 2.26.100(EX2). 3. The peak height above grade does not exceed the applicable height limit Converted on Multifamily Lot: One or more ADUS within portions ofe existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms. boiler rooms, passageways. attics. basements. or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection. at least one converted ADUis allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the d. Limited Detached on Multifamily Lot: No more than two detached ADUS on alot with a proposed multifamily dwelling, or up to eight detached ADUS ona lot with an existing multifamily dwelling, if each detached ADU satisfies all of 1. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has ar rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling asa 2. The peak height above grade does not exceed the applicable height limit 3. Ift the lot has an existing multifamily dwelling, the quantity of detached ADUS does not exceed the number of primary dwelling units on the lot. existing multifamily dwellingunits. the following: condition of approving the ADU. provided in Subsection 2.26.100(E)2). 2. Utillities ADU Permit. a. Waeramdsewersenikeauewneseehesensdw-lirg Except asallowed under Subsection 2241XDXImADUm be created withouta building permit and an ADU permit in compliance with the standards set forth b. ndependent-wates:eweramepewereemReteNSIbHShed The City may charge a fee to reimburse it for costs incurred in processing. ADUpermits. including the costs of adopting or amending the City's ADU ordinance. The ins Subsections 2.26.100(E): and2 2.26.100(F). ADU-permit processing fee is determined by the City of Calipatria Planning Department and approved by the City Council by resolution. 3. Ofstreetparking Process and' Timing. ApatingshalencampP-aew#ASa.en 097PatingamteseNs, a. AnADU permit is considered and approved ministerially, without discretionary b. The City must approve or deny an application to create an ADU or. JADUwithin 60 days from the date that the city receives a completed application. Ifthe City has not approved or denied the completed application within 60 days. the . The applicant requests a delay, in which case the 60-day time period is 2. When an application to create an ADUrADUissubmited withap permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADUor JADUuntilt the city acts on the permit application to create the news single- family or multifamily dwelling, but the application to create the ADUor JADU will still be considered ministerially without discretionary review C. Ifthe City denies an application to create an ADU or JADU. the City must provide the applicant with comments that include. among other things. al listof all the defective or deficient items and a description of how the application may ber remedied by the applicant. Notice of the denial and cerrespondingcomments must be provided to the applicant within the 60-day time period established by d. A demolition permit for a detached garage that is to be replaced with an ADUis reviewed with the application for the ADU and issued at the same time. review or al hearing. application is deemed approved unless either: tolled for the period ofthe requested delay,or or a hearing. Subsection 2.26.100(D)3)b). E. Desiga-standards General ADU and JADU Requirements. -Ew berdimnate-i-iRe-anePpPeranseeelheprmay-PsdeRence-The-arhiealdesgH-materals, mat-seer-shal-ke-cmpwP#-sNEyiyesE-GF-speierdeie The following requirements apply to all ADUS and JADUS that are approved under Subsections 226.100(D)0Dor2.26.100(D)2): 1. Zoning. a. AnADUsubject onlytoab building permit under Subsection: 2,26.100(D)Dmay be created on a lot in a residential or residential mixed-use zone. b. An ADU subject to an ADU permit under Subsection 2.26.100(D)(2) may be created on a lot that is zoned to allow single-family dwelling residential use or In accordance with Government Code Section 66333(a), a JADU may only be a. Except as otherwise provided by Subsections 2.26.100(EX2)b) and 2.26.100EX2)C.ac detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet inj height. multifamily dwelling residential use. created on a lot zoned for single-family residences. 2. Height. b. A detached ADU may be upt to 18 feet in height ifiti is created on al lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor. as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (fora maximum of 201 feet) if necessary to accommodate ar roof pitch on the ADUthat C. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or thel height limitation imposed by the underlying zone that applies tot the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUS e. For purposes of this subsection, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. a. Fire sprinklers are required in an ADUifs sprinklers are required in the primary b. The construction of an ADU does not trigger a requirement for fire sprinklersto isa aligned with the roof pitch oft the primary dwelling unit. height. subject tot this subsection may not exceed two stories. 3. Fire Sprinklers. residential structure. bei installed in the existing primary dwelling. 4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. 5. No Separate Conveyance. An ADU or JADUr may be rented. but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case ofa single-family lot) or from the lot and all of the dwellings (in the case ofar multifamily lot). 6. Septic System. Ift the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified. within the last 10 years. a. ADUS created under this section on or after January 1.2 2020. are not subject to b. As required by state law, all JADUS are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection does not apply ift the property is entirely owned by another governmental agency, land trust, or housing organization. 7. Owner Occupancy. an owner-occupancy requirement. 8. Deed Restriction. Prior to issuance of a building.permit for an ADU or JADU.a deed restriction must be recorded against the title of the property in the County Recorder's Office and a copy filed with the Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: a. Except as otherwise provided in Government Code Section 66341. the ADUor JADU may not bes sold separately from the primary dwelling. b. The ADU or JADUi is restricted to the approved size and to other attributes The deed restriction runs with the land and may be enforced against future d. The deed restriction may be removed ifthe owner eliminates the ADUOrJADU. as evidenced by, for example. removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Planning Department, providing evidence that the ADU or JADU has in fact been eliminated. The Planning Department may then determine whether the evidence supports the claim that the ADUor JADU has been eliminated.. Appeal may be taken from the Planning Department's determination consistent with other provisions oft this Code. Ifthe ADU or JADUis not entirelyphysically removed but is only eliminated by virtue ofl having a necessary component of an ADUor JADU removed, the remaining structure and improvements must otherwise The deed restriction is enforceable by the Planning Department for the benefit oft the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner. and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADUin violation oft the recorded restrictions or abatement of the illegal unit. a. Must comply with building code. Subject to Subsection 2.26.1 100(E)(9)b). all ADUS and JADUS must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group Roccupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific. adverse impact on public health and safety.) Nothing int this subsection prevents the City from changing the occupancy code ofaspace that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this allowed by this section. property owners. comply with applicable provisions of this code. 9. Building & Safety. section. F. Fees Specific ADUI Requirements. Aldevelepmentimpasesawalepidpiieriocensirwetien eFtheseentdwelng Thei olowingrequremens apply only to ADUS that require an ADU permit under Subsection 2.26.100(D)2): 1. Maximum Size. a. The maximum size ofa detached or attached ADU subject to this subsection is 850 square feet for astudio or one-bedroom unit and 1,000 square feet forau unit b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area oft the existingprimary dwelling. Application of other development standards in this subsection, such as lot with two or more bedrooms. coverage. might further limit the size of the ADU, but no application of the percent-based size limit in Subsection 2.26.100(FXD)b) or front setback, lot coverage limit, or open-space requirement may require the ADU to be less than a. ADUS that are subject to this subsection must conform to 4-foot side and rear setbacks, and a 20-foot front setback. subject to Subsection 2.26.100(F)CIC). b. Nos setback is required for an ADU that is subject to this subsection ift the ADU is-constructed in the same location and to the same dimensions as an existing 800 square feet. 2. Setbacks. structure. 3. Lot Coverage.) No ADUsubject to this subsection may cause the total lot coverage ofthe 4. Minimum Open Space. No ADUsubject tot this subsection may cause thet total percentage of open space of the lot to fall below 50 percent, subject to Subsection 2.26.100(F)CDC). 5. Passageway. No passageway,: as defined by Subsection 2.26.100(CX9). isr required for an lot to exceed 50 percent, subject to Subsection 2.26.100(FXDC). ADU. 6. Parking. a. General. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection 2.26.100(CX12) and per the parking standards listed on Section b. Exceptions. No parking under Subsection 2.26.100(F)6)() is required in the 1. The ADU is located within one-half mile walking distance of public 2. The ADUi is located within an architecturally and historically significant 3. The ADU is part of the proposed or existing primary residence or an accessory structure under Subsection 2.26.100(DIa) 4. When on-street parking permits are required but not offered to the 5. When there is an established car share vehicle stop located within one 6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwellingon the same lot. provided that the ADU or the lot satisfies any other criteria listed in Subsections 22610XEXO/BXDthowh 226.100FXO)BX5). Replacement Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU. those off-street parking spaces are not required to be replaced. Replacement parking is still required for an attached garage structure that is 3.10.070. following situations: transit, as defined in Subsection 2.26.100(CXI1). historic district. occupant oft the ADU. block oft the ADU. converted into a JADU. 7. Architectural Requirements. a. The materials and colors oft the exterior walls. roof, and windows and doors must b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of The exterior lighting must be limited to down-lights or as otherwise required by d. The ADU must have an independent exterior entrance. apart from that ofthe The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with an minimum interior wall height ofs seven feet. No window or door of the ADU may have a direct line ofs sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass All windows and doors in an ADU are less than 30 feet from ap property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom oft the glass at least six feet above the finished floor,or (for windows and match the appearance oft those oft the primary dwelling. theroof. the building or fire code. primary dwelling. to prevent a direct line of sight. for doors) utilize frosted or obscure glass. 8. Historical Protections. An ADUthat is on or within 600 feet of real property thati is listed int the California Register of Historic Resources must be located sO as tor not be visible from 9. Allowed Stories. No ADUsubject: tot this subsection may have moret than one story,except that an ADU that is attached to the primary dwelling may have the stories allowed under any public right-of-way. Subsection 2.26.100(E)2)d) oft this section. G. Fees. The following requirements apply to all ADUS that are approved under Subsections 2.26.100(D)Dor2.26.100(D)2): 1. Impact Fees. a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes oft this subsection, "impact fee" means a' "fee" under thel Mitigation Fee Act (Gov. Code $66000(b)) and a fee under the Quimby Act (Gov. Code $66477). "Impact fee" here does not include any connection fee or capacity b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g.. the floor areaofthe ADU. divided by the floor area of the primary dwelling, times the typical fee amount charged for a new a. Ifan ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment oft the normal connection fee and capacity charge for al new dwelling are required. charge for water or sewer service. dwelling.) 2. Utility Fees. b. Except as described in Subsection 2.26.100(G)2)a). converted ADUS ona single-family lot that are created under Subsection 2.26.100(D)Da) are not required to have ar new or separate utility connection directly between the ADU and the utility.Nori isac connection fee or capacity charge required. Except as described in Subsection 2.26.100(G)2)a). all ADUS that are not covered by Subsection 2.26.100(G)2)b) require a new. separate utility connection directly between the ADU and the utility for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. 1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values. as defined by the Uniform Plumbing Code, upon the water or sewer system. 2. The portion oft the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. 1. Generally. The City will not deny an ADU or. JADU application due to a nonconforming zoning condition. building code violation, or unpermitted structure on the lot that doesnot present a threat to the public health and safety and that is not affected by the construction oft the ADUor. JADU. 2. Unpermitted ADUS and JADUS constructed before 2020. a. Permit to Legalize. As required by the state law. the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1,2020. ifd denial is based on either of the followingg grounds: 1. The ADU or JADU violates applicable building standards. or 2. The ADU or JADU does not comply with the state ADUorJ JADU lawo or this ADU ordinance (Chapter2 2.26). b. Exceptions: Notwithstanding Subsection 2.26.100(HX2)a) above, the City may deny apermit to legalize an existing but unpermitted ADUC or. JADU that was constructed before January 1,2018. January 1,2020, ift the Citymakesa finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. 2. Subsection 2.26. 100(H)(2)(a) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. 2.26.130 Low Barrier Navigation Centers. All low barrier navigation centers shall meet all the applicable development standards listed int the A. Itoffers services to connect people to permanent housing through a services plan that identifies B. Itis linked to a coordinated entry system, sO that staffi in the interim facility or staff who colocate applicable zone. and in addition meet the following requirements: services staffing. in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable. of Title 24 ofthe Code of Federal Regulations, as those sections read on January 1. 2020. and any related requirements. designed to coordinate program participant intake, assessment, and referrals. Itcomplies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and D. Ithas as system for entering information regarding client stays. client demographics. client income, and exit destination through the local Homeless Management Information System as defined by Institutions Code. Section 578.3 ofTitle 24 of the Code of Federal Regulations. 2.26.140 Supportive Housing. All supportive housing developments shall meet all the applicable development standards listed in the A. Units within the development are subject to a recorded affordability restriction for 55 years. B. One hundred percent oft the units, excluding managers' units. within the development are restricted to lower income households and are or will be receiving public funding to ensure affordabilityof the housing to lower income Californians. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the Atl least 25 percent oft the units in the development or 12 units. whichever is greater.arerestricted tor residents in supportive housing who meet criteria of the target population. Ift the development consists of fewer than 12 units. then 100 percent oft the units. excluding managers' units. in the D. The developer provides the City of Calipatria with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, and describing those services, which shall include all of the following: 1. The name of the proposed entity or entities that will provide supportive services. 2. The proposed funding source or sources for the provided onsite supportive services. E. Nonresidential floor area shall be used for onsite supportive services int the following amounts: applicable zone, and in addition meet the following requirements: development. development shall be restricted to residents ins supportive housing. 3. Proposed staffing levels. For a development with 20 or fewer total units, at least 90 square feet shall be provided for 2. For a development with more than 20 units, at least 3 percent oft the total nonresidential floor area shall be provided for onsite supportive: services that are limited tot tenant use, including, but not limited to, community rooms, case management offices. computer rooms, and F. The developer replaces any dwelling units on the site oft the supportive housing development int the G. Units within the development, excluding managers' units. include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop.as sink, and a refrigerator. A. Single Room Occupancy Units. The following standards apply tos single room occupancy units. In onsite supportive services. community kitchens. manner provided in Chapter 3.14. 2.26.150Single Room Occupancy. the event of conflict between these standards and the underlying zoning district regulations. the 1. Unit Size. The minimum size ofau unit shall be one hundred fifty (150) square feet and the 2. Bathroom Facilities. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink: a full facility shall have at toilet, sink, and bathtub. shower. or bathtub/shower combination. Ifa full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with California Building Code for congregate residences with at least one full 3. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities.A fulll kitchen includesas sink, a refrigerator, and as stove, range top. or oven. A partial kitchen ismissing at least one ofthese appliances. Ifaf full kitchen is not provided, common! kitchen 5. Code Compliance. All SRO units shall comply with all requirements of the California B. Single Room Occupancy Facilities. In addition to the development standards in the underlying zoning district, the following standards apply to single room occupancy facilities. In the event of conflict between these standards and the underlying zoning district regulations. the provisions of 1. Density. A single room occupancy facility is not required to meet density standards oft the 2. Common Area. Four square feet ofinterior common space per unit shall be provided, with atl leasttwol hundred (200)square feeti ina aread ofinterior common: space.cxeludingimiorial storage. laundry facilities, and common hallways. All common areas shall comply with all applicable Americans with Disabilities Act (ADA) accessibility and adaptability 3. Bathroom Facilities. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in accordance with the most recent editionof the California Building Code for congregate residences with at least one full bathroom (including toilets, sinks, and bathing facilities) per every three units onai floor. The shared shower or bathtub facility shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door. 4. Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten (10)units. with at least one washer and dryer per floor. 5. Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor oft the SRO facility. 6. Management Plan. A management plan shall be submitted with the development application for an SRO facility and shall be approved by the City of Calipatria Planning Department. The management plan must address management and operation oft the facility, rental procedures. safety and security of the residents and building maintenance. 7. Facility Management. An SRO facility with ten (10) or more units shall have an on-site manager. An SRO facility with less than ten (10) units shall provide a management office provisions of this section shall apply. maximum size shall be four hundred (400)square feet. bathroom per every three units ona floor. facilities shall be provided with at least one full kitchen per floor. 4. Closet. Each SRO shall have a separate closet. Building Code. this section shall apply. General Plan. requirements. on-site. 8. Parking. Parking shall be provided for an SRO facility at a rate of one parking space per unit plus an additional space for the on-site manager. Different parking standards applyin the form-based code area. See Section 3.10.070. Table 3-4: Required Parking Spaces. 9. Accessibility.. AIISRO facilities shall comply with all applicable ADA accessibility and 10. Existing Structures. An existing structure may be converted to an SRO1 facility, consistent adaptability requirements. with the provisions oft this section. CHAPTER 3.14 DENISTY BONUS Sections: 3.14.010 Purpose and Applicability Completeness 3.14.0501 Eligibility 31400CemamiAfeudalensae-Hausing"evbiwn Density Bonus Application 3.14.030 Atedahe-HesimgbenlammiCaeRsieSfAnseRtives Determination of Application 3.14.040 Processing ofl Density Bonus Application 3.14.060 Density Bonus for Housing Developments 3.14.070 Incentives or Concessions for Housing Developments 3.14.090 Condominium Projects 314100Commercial Projects 3.14.110 Waivers or Reductions in Development: Standards 3.14.120 Parking Ratios for Housing Developments 3.14.130 Agreement tol Ensure Continued Affordability 3.14.140 Construction of Affordable Housing Units 3.14.1501 Fulfillment of Government Code Section 65915 3.14.010 Purpose and Applicability. 3.14.080 Additional Density Bonus or Incentive or Concession for Land Donations or Childcare Facilities This chapter implements the statutory requirements set forth in Government Code $6 65915 et seq.(known ast the State Density Bonus Law). To the extent practicable. the citation to the governing statutory provision isi included next to the implementing ordinance section. Ifany provision of this chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the The density bonuses and incentives contained int this chapter shall apply tol housing developments eligible for a density bonus and other regulatory incentives provided under state density bonus law. When an applicant seeks a density bonus for al housing development within, or for the donation ofl land for housing within, the City'sjurisdiction that meets the requirements set out in California Government Code $65915, the actions and procedures set out in this chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code $$-65915-65918 (State Density Bonus Law). as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications fora A-impementhepekepelaseHN-HeingHemeterdeveePmgafenaheksin-erhessehelas B.-Bmeurage-aHeaHferdabe-eusimguRiSHe-beprevaevded-reheHEeecemeHRNy-aN4-desigmed-te-be ordinance provision. density bonus in accordance with California Government Code 6865915-65918. AAvepyewa-eamemeePe-nemes, RBHEEARestPeUNimgmeg-eries. Cimpemem-h-pwities.eCwwNSsasiw4s9is. D.-merease-afferdabe-ReNsing-OPpeRtHRies-by-eermg-neemives-er-smaler-prepesed-hesing Prepets-tmat-are-les-eho-eFive-rewe-ree-umtre-8-seH-e#--Ssate Geverament-Cede-Seetion-6s915. 3.14.020 Gemera-AlferdablelbossingProvision Density Bonus Application. In addition to any other review required forap proposed housing development, applications for a density bonus shall be filed with the Planning Department on a form approved by the City of Calipatria. The application shall be filed concurrently with an application for a site plan review or administrative approval. The application shall include the following documentation: A. Avallabily-AldesgsadaerahehessimgwmisMalse.madeaMeaPeP4lFeeepans esame-timea-emaehasiuiswemaraaewse-samePaee A concise written description of the project, including location. number and type of housing units, including affordable units and bonus units, and the planning approval(s) required. B. Median-Ineeme-bevels-Ferthe-pupese-eFdeterminimgthe-ineemeemeleves-er-Heisehelds-under -Swsiw-he-ciyahakwteimpCanymminiatal.Satemd9a the-CalforacedeeFReg.atiemspanéregHarlyepdtedamepmesiate-DepaFtment FHewsing-and-Cemmunty-PevelepmePeHheFIReme-amHs-depeey"Re-Ciy-CuReH: A site map showing the location and general layout of the proposed housing development and a Density-Bemas-Phegramingofademsiy-aRNshlnekRendeiselple-meimterpreledereguire ar-Amendmmentte-theGemere-Pameremimgermanse,ereaerdnerelemaryappreval: A written request for the specific incentive(s). waiver(s), concession(s). or reductions in development standards sought. accompanied by a description of the rationale and accurate supporting information sufficient to demonstrate that the request is necessary to make the affordable units economically feasible and set rents at qualifying levels. If applicable. the applicant shall identify the proposed use of any housing subventions or programs for the housing development, such as D. Affordable-Heusing-Agreement-The-ewnet-eF-e-aterdabe-ut-haH-SB*-a#-an-Attereable eingAgweem-iatisp-msayserpe deemed-apprepriate-by-the-Ciy Information demonstrating the feasibility of the project as 1. Ad development pro forma with the capital costs. operating expenses, return on investment, revenues. loan-to-value ratio and the debt-coverage ratio, including the contribution provided by any applicable subsidy programs. and the economic effect created by the thirty-year use and income restrictions oft the affordable housing units. 2. An appraisal report indicating the value oft the density bonus and oft thei incentive(s)and of 3. Sources and use of funds statement identifying the projected financing gap of the project with the affordable housing units that are the basis for granting the density bonus and incentive(s). The applicant shall establish how much of the gap would be covered by the density bonus. leaving ar remainder figure to be covered by an additional incentive. E. APPeaby-THS-Onimane-ePPaeP-mAe-Re-devePmeN-PeeNeet-tmat-meade-s housimgeempenet-ReseneseRAReeivesavaaehereheeimePPyeHReeitreprepetandare HHiR-e-e-rempenen: All application fees as set by the City Council by F. Such other materials as the Planning Department may determine are necessary tor review the request surrounding land uses and roadways. Community Development Block Grants or other sources off funding. proposed including the following: the value of any other incentives. resolution. ina accordance with this code. 3.14.030 Aflordable- Housing Density Bemases-amd-Cemeesiems-ineemtives Determination of A. -aPpiealien-fer-prePRt-mEIE-Sae-mm-tivela-aF-live-uniS-GF-mer,#e previsiens-dealin-wi-Siaie-Gevermen-Cede-seeHen-65915,8s-amended-Fem-time-te-time; hal-appw-PusuanteseGPeeCt-Cade-setivn6915. Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory period of thirty days established by state law for determining completeness (California Government Code Section 65943 [Permit Streamlining Act]), shall begin the day the B. appHeatienterprepeet-e-meeHngHReSHBeRAresNeNEekefiveumis,tme-appheantmy qestspeeie-imeeNtvYameerseNceseNSHNEw.NAenhuegAcy-elhe-ecememie easbliy-eprewdimgiemsaheumie-8s-seteni-lelew: Initial Determination. Within thirty days of application acceptance, the Planning Department shall determine whethert the application iscomplete. The Department shall notify the applicant in writing that one of the determinations 1. Ome-Gr-meRe-mi-er-Maems-iswa-One-nemhemey-e-egese-fen-the fellewing: Complete Application. All submittal requirements have been satisfied and the application has been deemed complete. A description oft the amount of density bonus and parkingr ratios, ifr requested. the applicant is eligible for will be provided. The letter will further specify whether the applicant has provided adequate information to make a determination on any incentives. concessions. waivers. or reduction of development a. ReaceRereURdeFPAESPeePeMSpeeregurememtsintela: b. Redae-minimu-eideramnderprvaessalie-epe-pase-reguirements-in 2. OMermerewMS-erkohnem-eineMemyeed-em-he-elewig: Incomplete Application. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted application is not in compliance with the City Development a. ARy-meentive-istelsed-umder-Mederate-meeme-Se-Subseetien-B+. b. Rereased-aMma-ersevegw-tpiepenseneg-alewedwed-in-the-applieable Reresd-is-heallowaiowae-istesseme-erspr-Pigeliagermatie-fem-se d. AewneeFreg.ReEPHPETee'PN#ntandem-ethe Application Completeness. application is accepted by the Planning Department. has been made: standards requested by the applicant. HaReettPi029pe2tpercentredaete ReSeR-tUPe24Pe2-perenteéHeHeA Standards and application requirements. zone). 100-pereent. arage-eF#--Feqequred-setbaek 3. mecrmere-mi-erveyhw-mem-fianinehemyte-pesed-Rom-de fellewing: a. Any-ineentive-listelisted-under-"mederaie-imneeme"-and-"ew-ineeme"Subseetiens B.l-and-B.2 b. Redacemimimem-uNpeyPResm-buldimgseparatien eguirementsthateweeseReAniRRbaNdingeaseamerecedeslandards. C. : Resemmeeiretareaderdimemie. C. Parkaing-may-be-reuced-Fom-me-Ciy-reguepankimgsiandar6s-R-cemp-anee-wi#h-Subseeten 3-10.070.K(Parkeng-Redaetiens)-em-8-ease-by-ese-basis-and-sha-RBE-be-cemsidered-as-a evelepment-imentive-GRHigeF-sue-eaes-seMew-AwheH-A imphwfe-smyleinp-derepataemdstwtinsthedeimemaetie Surreundingarea:, Determination on Resubmittal. Within thirty days of acceptance ofinformation submitted in response to a determination of incomplete application, the Planning Department shall determine whether the application is complete. The Planning Department shall notify the 1. Complete Application. All submittal requirements havel been satisfied and the application has been deemed complete. A description of the amount of density bonus and parking ratios. ifrequested, the applicant is eligible for will be provided. The letter will further specify whethertheapplicant has provided adequate information to1 makead determination on any incentives. concessions. waivers. or reduction of development standards 2. Incomplete Application. Specific information is still necessary to complete the application. The letter shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. D. Sthe-tenteFteinseimsurethatal-preyeetsaPPlyig-erthecenesens-and-meentives F#s-seehemprevaeeNeIeSR,4esgmaniqay -hemarketwRiS-ntAe-samePgPe-PeCiyMansgershalhavelhedhertiseretier-and-awthenty e-emtere-tas-PpreVs4HFREHR-PPpheaten-preess. Adjustments to Determination. Any determination made by the Planning Department shall bel based ont the development project at the time the application is complete. The amount of density bonus and parking ratios awarded shall be adjusted based on any changes to the project during the course of development. E. Right to Appeal. The applicant may appeal the determination in accordance with the California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than sixty days after receipt of the application's written applicant in writing that one oft the determinations has been made: requested by the applicant. appeal. 3.14.040 Processing of Density Bonus Application. A. Site Plan Review Application. City staffs shall process the density bonus application in the same manner as, and concurrently with.the application fora as site plani review or administrative approval that is required by this zoning ordinance. Applications for density bonuses, incentives or concessions. waivers or reductions of development standards, and/or parking ratios pursuant to this chapter and State Density Bonus Law. shall comply with the following procedures for processing: Planning Applications. Applicants for density bonuses, incentives or concessions. waivers or reductions of development standards, and/or parking ratios pursuant to this chapter and State Density Bonus Law. shall complete and file the Density Bonus Program Application and an application form(s) for the standard permit(s)(e.g.. Site Plan Review, Conditional Use Permit, and/or Land Use Permit)required for the project.which includes site information, number of units. requested density bonus units. proposed number of affordable units, requested incentives. financial information, site plan, and any other documentation required by the Zoning Ordinance. Government Code. and 2. Preparation, Filing, and Initial Processing of Site Plan Review Applications. Both the City and applicants shall follow the procedures and requirements in Article 4 (Administration and Procedures) of the City of Calipatria Zoning Ordinance and Government Code Sections 65915(a)(2), 65915(a)(3), and 65943, or successor statutes. for the preparation, filing, and initial processing of site plan review applications. Once an application submitted pursuant to this Chapter is deemed complete. the City shall provide the applicant with a determination as to the amount of density bonus for which the applicant is eligible: and, ifr requested by the applicant. the parking ratio for which the applicant is eligible: and. ifr requested by the applicant, whether the applicant has provided adequate information: for the City to make a determination ast to incentives, concessions. or waivers or reductions of development standards requested by the applicant: and/or the amount of additional density bonus or incentive or concession for 3. Permit Review and Decisions. The Planning Department shall follow the procedures inthe City of Calipatria Zoning Ordinance for the review. and approval. conditional approval, or denial of housing developments or a project to convert apartments toa a. Land Use and Development Standards. All housing developments or projects to convert apartments to condominiums shall comply with all applicable requirements oft the primary zone in addition to the requirements of this chapter and State Density Bonus Law. Ifar requirement oft this chapter or State Density Bonus Law conflicts witha a requirement oft the primary zone.the requirements of this chapter and State Density Bonus Law shall control. b. Amendments or Other Discretionary Approval. The granting ofdensity bonuses, incentives or concessions. waivers or reductions of development standards, and/or parking ratios shall not bei interpreted, in and of itself, to require a Comprehensive Plan amendment, Development Code text amendment, zoning map amendment. or other discretionary approval separate from the diseretionaryapproval otherwise required for the project. Affordable Housing Agreement. Prior to the issuance of any planning permit for a project receiving a density bonus or other incentive under this chapter, the applicant shall record an affordable housing agreement for a project with rental units along with a resale restrictive covenant for projects with for-sale units. The agreements and covenants shall ensure the continued availability of the units for persons and households of the types and incomes included in Section 3.14.000A/Elgible Projects), below, pursuant to the costs. periods, and other requirements in Government Code Sections 65915(c)(1). 65915(c)2). and 65916 or successor statutes. All units shall be restricted for the maximum period allowed by this chapter,and Government Code Sections Planning Department. which the applicant is eligible. condominium under this chapter and State Density Bonus Law. 69150X0.65915012- and 65916. or successor statutes. 3.14.050 Eligibility, A. Eligible Projects. Except as provided in Section 3.14.050(B) (Ineligible Projects) below, the following projects shall be eligible for density bonuses. incentives or concessions, waivers or reductions of development standards. and/or parkingratios pursuant to the amount, type,and other 1. Housing developments. including shared housing developments. where ten percent oft the total units are for rent or sale to lower income households, as defined in Section 50079.5 2. Housing developments. including shared housing developments. where five percent ofthe total units are for rent or sale to very low-income households. as defined in Section 50105 3. A senior citizen housing development pursuant to Government Code Section 4. Amobile home park that limits residency based on age requirements for housing for older persons pursuant to Government Code Section 65915b)IC) or successor statute. 5. Ten percent of the total units for transitional foster youth, disabled veterans, or homeless persons pursuant to Government Code Section 65915/b)(IE) or successor statute. 6. Twenty percent of the total units for lower-income students in an eligible student housing development pursuant to Government Code Section 65915(b)D(F) or successor statute. 7. Housing developments where one hundred percent of all units in the development, including total units and density bonus units. but exclusive ofar manager's unit or units, are forlower income households. as defined by Section 50079.5 of thel Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units. may be for moderate-income households. as defined in Section 50053 8. Condominium Projects. A project to convert apartments to a condominium that will provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or at least 15 percent oft the total units of the proposed condominium project to lower-income households pursuant to Government Code Section 65915.5 or successor statute. See Section 3.14.090 (Condominium Projects) fori information on qualified projects and applicable density bonuses and incentives. applicable criteria in this chapter and the State Density Bonus Law: oft the Health and Safety Code. oft the Health and Safety Code. 65915(bC) or successor statute. oft the Health and Safety Code. B. Ineligible Projects. The following projects shall be ineligible for density bonuses or other incentives or concessions: 1. Ineligible Housing Development Projects. An applicant shall be ineligible for a density bonus or any otheri incentives or concessions under this chapter and Government Code Section 65915ifthel housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, ift the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject toar recorded covenant, ordinance. or law that restricts rents to levels affordable to persons and families ofl lower or very low income: subject to any other form ofr rent or price control through a public entity's valid exercise ofi its police power; or occupied by lower- or very low-income households, unless the proposed housing development replaces those units, and otherwise complies with the terms in Government Code Section 65915(c)3)or 2. Ineligible Condominium Projects. The following projects to convert apartments toa condominium shall bei ineligible for a density bonus or other incentives: successor statute. a. Pursuant to Government Code Section 65915.5(f) or successor statute. the apartments proposed for conversion constitute al housing development for which adensity bonus or other incentives were provided under this chapter or b. Pursuant to Government Code Section 65919.5(g) and (h) or successor statutes, the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families ofl lower or very low income; subjectto any other form of rent or price control through the County's valid exercise ofits police power: or occupied by lower- or very low-income households. Government Code Section 65915. 3.14.060 Density Bonus for Housing Developments. A. Applicability. The City shall grant density bonuses in accordance with Government Code Sections 65915(b) and 65915(v) or successor statute to housing developments that meet the criteria in Section 3.14.050 (Eligibility) above, and Government Code Section 65915(b) or B. Amount/Percentage. The amount of density increase for eligible housing developments shall be calculated pursuant to the percentages. conditions. and other provisions in Government Code Optional Increasei in Amount/Percentage. The Planning Department may grant a density bonus greater than what is described in Government Code Section 65915(f) or successor statute for housing developments that meet the requirements oft this chapter. D. Density Bonus Location. Eligible housing developments and density bonuses shall be located ina areas as defined in Government Code Section 65915(i) ors successor statute. E. Continued Affordability and Affordable Housing Agreement Rental Units. An applicant shall agree to, and the City shall ensure, the continued affordability of all very low-, low-, and moderate-income rental units that qualified the applicant for a density bonus for a minimum . Projects that are funded without low-income housing tax credits shall ensure affordability 2. Projects that are funded with low-income housing tax credits shall ensure affordability Ina addition, the City shall enforce an affordable housing agreement, pursuant to the terms in F. Continued Affordability = For - Sale Units. An applicant shall agree to. and the City shall successor statute. Section 65915(f) or successor statute. duration as follows: for a minimum period of 90 years. foraminimum period of 55 years. Government Code Section 65915(c)I)ors successor statute. ensure that the qualified applicant for the density bonus award meets either of the following 1. Thei initial occupants ofa all for-sale units that qualified the applicant for the density bonus are persons and families of very low, low. or moderate income. the units are offered at an affordable housing cost, and are subject to an equity sharing agreement, unless this is 2. Ifthe unit is not purchased by ani income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation pursuant toa recorded contract that satisfies the requirements int the California Revenue & Tax Code $402.1(a)(10) and includes all of the following: a. Thei nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3)o ofthe Internal Revenue Code and is not a private foundation as that term is defined pursuant to Government Code Section 65915(cX2) or successor statue: in conflict with the requirements of another public funding source. in Section 509 of the Internal Revenue Code:and b. The nonprofit corporation is based in California; and All of the board members of the nonprofit corporation have their primary d. The nonprofit corporation incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property to offer the nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement. unless this is in conflict with the requirements of another public funding source; or affordability restrictions requiring the property to be sold or resold only to very low-, low-, or moderate-income households and preserved for lower-income housing for at least 45 yearsifthe project is funded with low-income housing tax credits or at least 90 years ifthe project is funded without low-income housing tax credits. residence in California; and For the purposes oft this chapter, a qualified nonprofit housing corporation shall mean a nonprofit housing corporation organized pursuant to Internal Revenue Code $501(c)(3) that has received a welfare exemption under the California Tax and Revenue Code $214.15 for properties intended to be sold to low-income families who participate ina special no-interest loan program. 3.14.070 Incentives or Concessions for Housing Developments. A. Applicability. An applicant for a density bonus pursuant to Section3.14.060 (Density Bonus for Housing Developments) above, and Government Code Section 65915(b) or successor statute. may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to Section 3.14.070 (Incentives or Concessions for Housing Developments) B. Number of Incentives or Concessions. Except as provided in Section 3.14.070(D) (Approval and Findings for Denial) below,a and Government Code Section 65915(d)(1) or successor statute, the applicant shall receive from one to five incentives or concessions pursuant to Government Code Section 65915(dX(2)and Government Code Section 65915(v)ors successor statutes. and Government Code Section 65915(d) or successor statute. C. Types of Incentives or Concessions. For the purposes of this chapter and in accordance with Government Code Section 65915(k). incentive or concession means any of the following. 1. Modification ofl Development Standards. A reduction in site development standards or a modification of zoning requirements or architectural design requirements of this chapter that exceed the minimum building standards in City of Calipatria that would otherwise be required. that results ini identifiable and actual cost reductions. 2. Approval of Mixed-Use Zoning. Approval ofmixed-use: zoning in conjunction with the housing development if commercial, office. industrial or other land uses will reduce the cost of the housing development and ift the commercial, office. industrial, or other land uses are compatible with the housing development and the existing or planned development in the area where the housing development will be located. 3. Other Regulatory Incentives or Concessions. Other regulatory incentives or concessions proposed by the applicant or the City that result inj identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in 4. Direct Financial Incentives. This Section 3.14.070 (Incentives or Concessions for Housing Developments) does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land by Government Code Section 65915(c) or successor statute. the City or the waiver of fees or dedication requirements. D. Approval and Findings for Denial. The City shall grant the incentives or concessions requested by the applicant unless the City makes a written finding. based on substantial evidence, of any 1. The concession or incentive does not result ini identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units pursuant to 2. The concession or incentive would have a specific, adverse impact upon public health and safety. or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households pursuant to Government Code Section 65915)XB)or 3. The concession or incentive would be contrary to state or federal law. pursuant to For purposes oft this Chapter "Housing development, - shall mean a development project for five or more residential units, including mixed-use developments. It also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists ofr residential units or unimproved residential lots and either aproject to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4. where the result of the rehabilitation would be a net increase in available oft the following: Government Code Section 65915(d)CI(A) or successor statute: successor statute: or Government Code Section 65915(d)IC) or successor statute. residential units. 3.14.080 Additional Density Bonus or Incentive or Concession for Land Donations or Childcare A. Applicability and Type of Density Bonus. The City shall grant an additional density bonus or Facilities. incentive, or concession as follows: . Land Donations. When an applicant for a tentative subdivision map. parcel map, or other residential development approval donates land to the City for the development of very low-income housing units. the applicant shall be entitled to an increase above the otherwise maximum allowable density mandated by Government Code Section 65915(b) or successor statute pursuant to the amount and conditions specified in Government Code Section 65915(g) or successor statute and any other applicable provisions in Government 2. Childcare Facilities. A housing development that conforms to Government Code Sections 65915(b) and (h), or successor statutes, and includes a childcare facility that will be located on the premises of. as part of, or adjacent to. the project shall receive an additional density bonus that is an amount of square feet of residential space oran additional incentive or concession pursuant to the amount and conditions of Section 3.14.070 (Incentives or Concessions for Housing Developments) and Government Code For purposes of this Chapter, "childcare facility" shall mean a day care center for Code Section 65915. Sections 65915(h)a and (k) or successor statutes. children. 3.14.090 Condominium Projects. A. Applicability. The City shall grant a density bonus or provide other incentives of equivalent financial value to an eligible project to convert apartments to a condominium pursuant to the amount and criteria in this Section 3.14.090 (Condominium Projects). Section 3.14.050(A) (Eligible Projects) and Section 3.14.050(B)2) (Ineligible Condominium Projects) above, and 1. Density Bonus. For purposes of this Section 3.14.090 (Condominium Projects) and Government Code Section 65915.5 or successor statute. "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the 2. Other Incentives. For purposes this Section 3.14.090 (Condominium Projects) and Government Code Section 65915.5 or successor statute, "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval. B. General Requirements. The following provisions and all applicable provisions in Government Code Section 65915.5 or successor statute shall apply to a project to convert apartments toa 1. Administrative costs. The applicant shall pay for the reasonably necessary administrative costs incurred by the City pursuant to Section 3.14.090 (Condominium Projects) and Government Code Section 65915.50 or successor statute. 2. Conditions of Approval. The City may place reasonable conditions on the granting ofa Government Code Section 65915.5 or successor statute. existing structure or structures proposed for conversion. condominium: density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to. conditions which ensure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or 3. Authority to Deny. Nothing in this Section 3.14.090 (Condominium Projects) or Government Code Section 65915.5 or successor statute shall be construed to require the lower-income households. Cityt to approvea proposal to convert apartments to condominiums. 3.14.100 Commercial Projects. When a developer proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall be pursuant to Government Code Section 65915.7(b) or successor statute and shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing. The partnered housing A. The housing development shall be located either on the site of the commercial development or on as site within the City that is within one-half mile of a major transit stop and is located in close B. At least 30 percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households. or at least 15 percent of the total units in the housing development shall be made available at affordable ownership cost or The commercial developer must agree either to directly build the target units: donate a site consistent with Section 3.14.100(A) (Commercial Projects) for the target units: or make a cash D. Anyapproved partnered housing agreement shall be described in the City'sl housing element annual agreement shall include all oft the following provisions: proximity to public amenities. including schools and employment centers. affordable rent for very low-income households. payment to the housing developer for the target units. report as required by California Government Code $65915.7(). 3.14.110 Waivers or Reductions in Development Standards. A. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effecto of physically precluding the construction ofal housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction ofdevelopment standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. Unless otherwise stated in Section 3.14.110(B) (Limitations and Standards fora Waiver or Reduction in Development Standards), the City shall approve ay waiver B. Limitations and Standards for a Waiver or Reduction in Development Standards. The City shall apply the following limitations and standards when considering an applicant's request fora I. Limitation on Development Standards. The City shall not apply any development standard that will have the effect of physically precluding the construction ofal housing orreduction ofa development standard. waiver or reduction of development standards: development meeting the criteria in Section 3.14.050(A) (Eligible Projects) above, and Government Code Section 65915(b) or successor statute at the densities or with the 2. Impact on Health or Safety. Nothing in this subdivision shall be interpreted to require the City to waive or reduce development standards ift the waiver or reduction would have as specific. adverse impact, as defined in Government Code Section 65589.5(dx2)or successor statute. upon health or safety and for which there is no feasible method to 3. Impact on Historical Resources. Nothing in this subdivision shall be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical 4. No Effect on State and Federal Law. Nothing in this subdivision shall be interpreted to require the City to grant any waiver or reduction that would be contrary to state or 5. No Effect on Incentives or Concessions. A proposal for the waiver or reduction of development standards pursuant to Section 3.14.110(Waivers or Reductions in Development Standards) shall neither reduce nor increase the number of incentivesor concessions to which the applicant is entitled pursuant to Section 314,07Inceniveser Concessions for Housing Developments) and Government Code Section 65915(d) or 6. Limitation for a Housing Development Near a Major Transit Stop. A housing development that receives a waiver from any maximum controls on density becauseitis located within one-halfmile ofar major transit stop shall only be eligible for ay waiver or reduction of development standards as provided in Government Code Sections 65915(d)(2)(D) and 65915(13)D)) or successor statutes, unless the City agrees to a. For purposes oft this chapter, "major transit stop" shall have the same meaning b. For purposes of this chapter, "located within one-half mile of a major transit stop" shall have the same meaning as defined in Government Code Section concessions or incentivesp permitted by this chapter. satisfactorily mitigate or avoid the specific adverse impact. Resources. federal law. successor statute. additional waivers or reductions of development standards. as defined in Public Resources Code Section 21155. 65915(0)(3) ors successor statute. 3.14.120 Parking Ratios for Housing Developments. A. Maximum Parking Ratios. Upon the request of the applicant, except as provided in Section 3.14.120(B) (Limited or No Parking Ratio for Certain Housing Developments) below, and Government Code Sections 65915(p)(2).(3). and (4), or successor statutes, the City shall not require a vehicular parking ratio for a housing development meeting the criteria oft this chapter that exceeds the following: 1. Zero to one bedroom: one onsite parkingspace. 2. Two to three bedrooms: one and one-half onsite parking spaces. 3. Four and more bedrooms: two and one-half onsite parkingspaces. B. Limited or no Parking Ratio for Certain Housing Developments. Notwithstanding Section 3.14.120(A) (Maximum Parking Ratios) above, and Government Code Section 65915(p)I)or successor statute, and upon the request oft the applicant. the City shall impose al limited vehicular parking ratio or no vehicular parkingratio. inclusive of parking for persons with a disability and 1. The parking ratio shall not exceed 0.5 spaces per unit for a housing development that includes at least 20 percent low-income units or at least 11 percent very low-income units and meets the remaining criteria in Government Code Section 65915(pX2XA)_or 2. The parking ratio shall not exceed 0.5 spaces per bedroom for a housing development that includes at least 40 percent moderate-income units and meets the remaining criteria 3. No parking ratio or standards for a housing development that consists solely of rental units. exclusive of a manager's unit or units, with an affordable housing cost to lower- income families shall be imposed ifiti meets the criteria in Government Code Section 4. Pursuant to the criteria in Government Code Section 65915(p)(4) or successor statute, and notwithstanding Government Code Sections 65915(p)(I) and (8), no minimum parking requirement shall be imposed for a housing development that consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families and isas special needs! housing development with either paratransit service or unobstructed access. within one-half mile. to fixed bus route service that operates at least eight times per day, oras supportive housing development. General Requirements. The City shall apply the following requirements when processing an applicant's request for a reduced vehicular parking ratio in accordance with Government Code 1. Ifthe total number of parking spaces required for a housing development is not a whole number, the number shall be rounded up to the next whole number. 2. For purposes of this chapter, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking. 3. An applicant may request parking incentives or concessions beyond those provided in Section 3.14.120 (Parking Ratios for Housing Developments). pursuant to Government 4. Notwithstanding Section 314.120B)imited or No Parking Ratio for Certain Housing Developments). above, and Government Code Sections 65915(p)(2)and (3). or successor statutes, the City may impose a higher vehicular parking ratio not to exceed the ratio described in Section 3.14.120(A) (Maximum Parking Ratios), above, based upon 5. Arequest pursuant to Section 3.14.120(Parking Ratios for Housing Developmentsshall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 3.14.070 (Incentives or Concessions for Housing Developments). above, and Government Code Section 65915(d) or successor statute. guests, for the following housing developments: successor statute. in Government Code Section 65915(p)2)A) or successor statute. 65915(p)(3) or successor statute. Section 65915(p) or successor statute: Code Section 65915(d), or successor statute. substantial evidence found in a parking study. Except as otherwise provided in this section, all other parking provisions of Section 3.10.070 (Parkingand) Loading Requremens)appicable to residential developments apply. 3.14.130 Agreement to Ensure Continued Affordability. Prior to the issuance of any planning permit for a project receiving a density bonus or other incentive under this chapter, the applicant shall record an affordable housing agreement for a project with rental units along with a resale restrictive covenant for projects with for-sale units. The agreements and covenants shall ensure the continued availability oft the units for persons and households ofthe types and incomes included in Section 3.14.050A)(Eigible Projects), below. pursuant to the costs, periods. and other requirements in Government Code Sections 65915(c)(1). 65915(c)2). and 65916 or successor statutes. All units shall be restricted for the maximum period allowed by this chapter.a and Government Code Sections 65915(c)(1). 65915(c)(2), and 65916, or successor statutes. 3.14.140 Construction of Affordable Housing Units. For any development project that is granted a density bonus or other benefit pursuant to this section. the affordable units that qualify the project as eligible for a density bonus must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate unit sO that there is a mix of affordable and market rate units. ifany.in each building oft the development project. 3.14.150 Fulfillment of Government Code Section 65915. The provisions ofarticle XXIshall bei interpreted to fulfill the requirements of Government Code Section 659115. Any changes to that Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein. CHAPTER 5.17 DEFINITIONS Sections: 5.10.020 Definitions of Terms andl Phrases. 5.10.020 Definitions ofTerms and Phrases. L. Definitions Low Barrier Navigation Centers. A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income. public benefits. health Single Room Occupancy. also referred to as a residential hotel unit, means an efficiency unit that: (A)is occupied as a primary residence, and (B) is subject to state landlord-tenant law pursuant to Chapter 2 of the Civil Code. The term also includes a unit in an' "SRO project" as described int the services, shelter, and housing. S. Definitions California Code of Regulations. DISSCUSSION /0 DIRECTION CALI * 1919 RESOLUTION 25-08 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: Submitted By: Council Meeting Date: January 24, 2025 Laura Gutierrez, City Manager/CFO January 28, 2025 Discussion, /Action Subject: Background: Planning Commissioner Appointments The City Council gave directions to seek Letters of Interest for Planning Commissioner appointments. On. January 7, 2025, the city advertised by posting on the City' Website, social media, and on Calipatria Connects! with a closing date of January 17, 2025. The City received eight (8) Letter's of Interest from City Residents. The following submitted al Letter of Interest: Emma Barros (incumbent) Grace Castaneda William Cooper (incumbent) Anna Garcia (incumbent) Catherine Hoff Ernest Pacheco (incumbent) Brandon Pimentel Elisa (Bonnie) Zendejas (incumbent) There are only five (5) Planning Commissioner seats for appointments. Two (2) oft the Commissioner seats will be appointed for a four (4) year term, and three (3) oft the Commissioner seats will be appointed to a two (2) year term. This will coincide with current Council seats. The City'sgoal moving forward is to establish at transparent method of seating Planning Commissioners every two years, allowing community members to provide input and partake in local government decision making. Incumbents can also resubmit al Letter of Interest at the end of their term. The existing method did not have any term limits, therefore allowing seated Planning Commissioners an unlimited term. Effective. January 1, 2025, the Planning Commissioners will receive ai fifty-dollar stiped per meeting attended. Meetings are typically scheduled monthly; however, they are scheduled as needed. Recommendation: Fiscal Impact: Staff recommendation is for the appointment of five (5) Planning Commissioners from the Letters of Interest received. $1,500 (ifar monthly meeting is held from February - June 2025, and all 5 PC's are present) Laura Gutierrez From: Sent: To: Emma Barros <emmabatrosorozcorozco@gmal.com,> Friday, January 17, 20252:42PM Laura Gutierrez CAUTION: This email originated from outside of the organization. Please take care when clicking linksor opening attachments. Dear City Council Members, Iti is with great respect and dedication thatlsubmit my request for re-appointment to the board for city planning commission. Iti is an honor to continue to serve and represent the citizens of Calipatria. Ilook forward to continue my civic duty as a representative of my community. lam hopeful that you will approve my re-appointment tot the board. If there are any questions that you may have please contact me at 760-550-0556. Respectfuly, Emma Barros Orozco January 17,2 2025 City Council City of Calipatria 125 North Park Avenue Calipatria, CA 92233 Dear City Council Members, Iam writing to express my interest in the position of Planning Commissioner for the City of Calipatria.. As a lifelong resident of Calipatria, Ihave a deep commitment to As a business owner in Calipatria, Ia am full dedicated to the economic growth and development of our town.lunderstand the importance ofl balancing progress with As aj parent raising my daughters in Calipatria, Ia am particularly invested in ensuring that our town remains a vibrant and welcoming place for future generations. believe that my involvement in the Planning Commission would allow me to advocate for projects and initiatives that positively impact our community and Additionally, my extensive volunteer work with the school site school, 4H program, special education programs and the Calipatria Chamber of Commerce has provided me with valuable insights into the needs and aspirations of our community. Iam eager to bring my passion for community service, local knowledge and business insight to the Planning Commission. Ib believe that my experience and dedication can contribute to thoughtful planning and decision-making that benefits Thank you for consideration. Ilook forward to the opportunity to serve our our community and a strong desire to contribute to its future. the preservation of our community's unique character. enhance the quality ofl life for all residents. all residents of Calipatria. community in this important capacity. Sincerely, Grace Castaneda Grace Castaneda 547 South International Boulevard Calipatria, California 92233 760-675-2946 gracecastaneda091@gmail.com Laura Gutierrez From: Sent: To: Subject: William Cooper wllamanthonyooperesq@gmal.com, Friday, January 17,20253:11PM Laura Gutierrez Planning Commission Letter Intrest CAUTION: This email originated from outside oft the organization. Please take care when clicking links or opening attachments. This missive is my formal letter of interest in being reappointed to the Calipatria Planning Commission. I'm excited about the direction oft the cityi is headed in and would love to continue to be A part of Calipatria's growth. Thank you in advance for your Consideration. -William Cooper, Resident, City of Calipatria January 16, 2025 Letter of Interest My name is Anna Garcia and la am submitting my letter of interest for the position of Calipatria City Planning Commissioner. I currently serve on the planning commission. Ihave been a resident of Calipatria for 45 plus years, raising my children and grandchildren in our community. I have been actively involved in many school, church and community groups and organizations. Such groups as the school site committees, 4H, Little League, Booster club, Girls Scouts, Between Women, NBCC and the American Cancer Society. I am currently the president of the St. Patrick's Ladies Society. Is sit on the Northend Action Council under our County Supervisor Ryan Kelley and am a commissioner for the Imperial Valley Housing Authority. lam the treasurer and cofounder of NorthEnd Alliance 111. We are a small volunteer nonprofit community based organization focusing on seniors, homeless, agriculture workers and anyone in need. We bring services, resources and host special events. We serve our Niland community with the distribution of monthly food commodities. Our nonprofit serves the communities of Calipatria, Niland and Bombay Beach. We recently collaborated with the City of Calipatria to kick off a successful Senior Day Event. After 33 years in 2021, Iretired as the Calipatria Postmaster. Iwas previously the Niland Postmaster, Officer in Charge Holtville and Imperial Postmaster. lappreciate your time and consideration for my letter of interest. Thank you, Anna Garcia January 16, 2025 To Whom it may concern; Re: Planning Commission Iwould like to submit this letter ofi interest to the Calipatria City Council. Ihave lived int the city since 1992 and have been the city clerk since April of 2000. lwould like to seet the cityt to continue to grow andl Iwould liket to be a part of that process. Ihave worked with the Holt Group on all the projects concerning the city and Ifeel Iwould be an asseti inj planning fori future growth. Thank youi for your consideration, Catherine Hoff Cichugedises 243E.BMEBpNS po.Box316 CALIPATRIM, eA.9223: ERNEST T PACHECO MY INTEREST INTHE PLANNING COALAMOMEAIS TO HELPTHECTE WIITH ANY - LEGAL MATTELS, THAT PERTAIN To PLAANING ETC. Emeelz. Pachccs PS.HAVE CLASS ATIVC TAKEP S0A1E-BUSINESS Brandon Pimentel 13 Jan 2025 To whom it may concern, My name is Brandon Luis Pimentel, al lifelong resident of the charming city of Calipatria. Ia am deeply committed to serving as al Planning Commissioner to address the challenges and untapped potential of our community. Having grown up here, I have experienced firsthand the struggles caused by a lack of resources, activities, and employment opportunities for both adults and Ibelieve every community thrives when its people- especially the younger generation- have access to opportunities that foster growth, collaboration, and ambition. Reflecting on my childhood, Irecall limited recreational facilities and an environment that left many youth disengaged. Our parks, while meaningful spaces, lacked safe equipment, adequate shade for our scorching summers, and proper maintenance. Similarly, II have witnessed the broader effects of limited employment opportunities, which can push individuals, particularly young people, toward less productive paths. Early, job opportunities could teach responsibility, teamwork, and financial independence, strengthening both individuals and the community atl large. As Planning Commissioner, I would advocate for initiatives that invest in infrastructure, create accessible employment opportunities, and foster ai more connected, thriving community. Together, we can build a Calipatria that encourages growth, pride, and opportunity for all its residents. Brandon Luis Pimentel 602-499-9046 Pmentez25segmal.con youth. Sincerely, Brandon Pimentel City of Calipatria 125 North Park Caupatna,Ca.92233 Elisa (Bonnie): Zendejas 321 W. Alamo P.OI Box 1446 Calipatria, Cal. Dear Laura Gutierrez, City Manager, My name is Elisa (Bonnie): Zendejas, and lam al lifelong resident of Calipatria. graduated from Calipatria High School and am writing this letter of interest for the position of Planning Commissioner. Ihave served in this role since December 11, 2018. Ibelieve in our city andi its new direction, and Iwelcome the opportunity to continue serving on1 the city council and other agencies. lam dedicated to the growth of our community and to the guidelines for the Housing Element. During my six years of service on the Planning Commission, have gained valuable practical experience. lunderstand the importance of reading andi interpreting plans; as well as conducting My professional background includes working as a Correctional Officer for the Department of Corrections at Centinela Prison and as a Corrections Clerk at thel Imperial County Sheriff's Office, Additionally, am actively involved in several community organizations. Icurrently serve as the Secretary fort the American Legion Auxiliary Post 135, and Ihave previously held the position of Secretary fort the Guadalupanas at St. Patrick's Catholic Church. lam also a member of thel Lions Club and the Cursillo movement and have served as a catechism teacher fort the) youth in our community. My past involvement includes membership in the Chamber of Commerce, wherel lam confident thatlwould be a valuable asset to thei team and would welcome the opportunityto physical site visits. wherel Iwas transferred to the. Jail Division. participated int the Centennial celebration. contribute to our city's new vision and growth. Sincerely, 3 Bo Ruindya lam confident! Iwill be an asset and welcome being part ofi its team, its new vision and growth. DSCUSSION/DRECTION, #2. CALI RESOLUTION #2509 : 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: Submitted By: Council Meeting Date: January 24, 2025 Laura Gutierrez, City Manager/CFO January 28, 2025 Discussion/Action Subject: Background: Traffic Advisory Resident Appointment The Traffic Advisory Committee currently has a vacancy for the Traffic Advisory Resident seat. The Traffic Advisory Commission is a volunteer committee. On. January7,2025, the city advertised by posting on the City Website, social media, and on Calipatria Connects! with a closing date of January 17, 2025. The City received two (2) Letter's of Interest from City Residents. The following submitted: a Letter of Interest: Beneranda Cooper Judi Vista There is only one (1) Traffic Advisory Resident seat available for appointment. The Traffic Advisory Committee at their next scheduled meeting will discuss terms for the Resident seat and will bring back a recommendation to the City Council for ratification. Meetings are typically held monthly; however, they are scheduled as needed. Recommendation: Fiscal Impact: None Staff recommendation is for the appointment of one (1) Traffic Advisory Resident from the Letters of Interest received. To: City of Calipatria, (City Manager) From: Beneranda Cooper Hello, lamaresident of Calipatria, andlam submitting my letter of interest to be partof Calipatria's Traffic Commissioner. Igraduated from Calipatria class of 94.lamv very involved within my community especially when it comes to the safety and wellbeing of others. Ifeel would be a great asset toi the team when it comes to educating, road safety and awareness as well as other duties that come with it. Please feel free to email me ebya19940gmai.com or call me @ (619) 484-4473. Thank you for your time. Sincerely, Beneranda Cooper Laura Gutierrez From: Sent: To: Subject: Judi Vista chuay06@gmail.com> Friday, January 17, 20253:00PM Laura Gutierrez; Natasha Saucedo Letter of Interest for Traffic Commissioner Advisory Team CAUTION: This email originated from outside of the organization. Please take care when clicking links or opening attachments. My name is Judi Vista. Thave been a resident of Calipatriat for about 55 yrs. lam submitting this letter of Interest in hopes of offering my time and input into the safety and well-being oft this community. Ihave and family members have been involved iny vehicle accidents one or two blocks away from my! home due tor no signs being posted, Ihave seen many close calls of accidents also. lhope to be be able to contribute to this advisory team and help make Calipatria a safer place for my family and our Community. Thank you for your time. Respecttuly, Judiv Vista Calipatria Resident DISSCUSSION/DIRECTION AL # I 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: Submitted By: Council Meeting Date: January 24, 2025 Laura Gutierrez, City Manager/CFO January 28, 2025 Discussion, /Direction Subject: Approval of Professional Services Agreement for Splashpad Park & Community Center-S Standup Project & Procure Architect, Design Phase, and Procure Contractor between the City of Calipatria and Gafcon PM-CM, LLC Background: The City through the State of California Department of Parks and Recreation - Statewide Park Development and Community Revitalization was awarded at $7M grant for a new Community Center and Splashpad Park. To the move the project forward, we are requesting authorization for Gafcon to proceed under their Professional Services Agreement with the City. The activity timeline isi included in the agreement. Recommendation: Staff recommends the City Council approve the attached Professional Agreement as presented and authorize the City Manager to execute the agreement. $111,225-G Grant Administration Fees. Fiscal Impact: 125 North Park Avenue, Calipatria, CA 92233 /Tel (760) 348-4141, / Fax (760) 348-7035 www.calipatria.com gafcon January 15, 2025 Ms. Laura Gutierrez City Manager 125 North Park Avenue Calipatria, CA 92233 Dear Ms. Gutierrez, We are pleased to submit our proposal for providing comprehensive project management services for the Seed Park development. Gafcon PM-CM LLC (Gafcon) has a proven track record of successfully managing complex construction projects, and we are confident in our ability to deliver Seed Park on time and within budget. 1.P Project Initiation and Planning General Scope of Work-PHASEI Project Charter and Kick-off Meeting: Organize and facilitate the initial project meeting to Project Planning: Develop a detailed project plan, including scope definition and resource Establish al baseline budget for thet total project and define the construction cost with a' "Not align all stakeholders with the project objectives, scope, and timeline. allocation. to Exceed' design path forward. 2. Design Management, Consultant Management, and Stakeholder Engagement Design Management: Gafcon will prepare the Request for Proposal and solicit design architects for the project. Gafcon will assist in selection, contract negotiation, and the management of the architect, including all phases oft the park design. Design Budget Validation: Gafcon will validate the cost of construction during the construction document development to ensure the design does not exceed the total Consultant Management: Gafcon willi identify all necessary consultants for the completion oft the park (environmental, geotechnical, etc.) with prepare Requests for Proposals and will assist ini final selections and contract negotiations. Gafcon will act as the sole contact on behalf of these Owner, guiding and managing their scope ofv work and deliverables for Stakeholder Engagement: Gafcon will schedule and lead all design meetings with the various stakeholders involved with this project to ensure all necessary' voices are accounted for and hear and to ensure all design elements sought by the Owner are capturedi ini the 10301 Meanley Drive, Suite 225, San Diego, CA92131 I 858.875.0010 I gafcon.com established baseline budget. project success. Project Management Services January 15, 2025 Page 2 design. Gafcon will maintain a design evolution log, capturing required design elements to ensure all desired elements are captured andi nothing is overlooked. 3.E Budgeting and Cost Management Budgeting: Prepare detailed project budget, track all project commitments, expenditures and invoicing. Prepare regular cash flows for and projections for the project and track sources and uses as required. Prepare regular reports for key stakeholders. Identify opportunities for cost savings without compromising quality or functionality as needed. Cost Management: Track all expenditures against commitments and ensure invoices include contractual requirements, work billed is complete and conforming, expenditures do not exceed commitments, and commitments do not exceed budget. Ensure costs are incurred and tracked and reported in conformance with City requirements, 4. Procurement Management BidingProcurement: Gafcon will prepare bidding documents and lead the public procurement effort for the selection of the construction contractor. Gafcon will receive all bids, review for conformance and completion, and assist the City in contractor selection. Gafcon will also manage this procurement process in compliance with the City of Calipatria procurement requirements. Gafcon will manage the negotiation and the execution of the construction contract and assist in issuance of the Notice to Proceed. Phase IFee Proposal: The below shows an estimated level of effort needed to complete the work described above as well as a proposed schedule. Gafcon presents this proposal as Time and Material and will only bill those hours required to complete the described tasks: Design and Procurement Rate No Charge $ 225.00 $ 185.00 485 $ 200.00 Team Member Paul Najar Heather Skaife TBD Position Principal Project Executive Project Manager Total Hours Total 0 0 60 $ 13,500.00 40 89,725.00 8,000.00 $ 111,225.00 Hennie Degenaar Chief Estimator Project Management Services January 15, 2025 Page 3 Month 11- 13 Activity Standup Project & Procure Architect Design Phase Procure Contractor Month 1-3 Month4-10 1) Proposed fees are based ont the dates and schedules detailed above, assumes this 2) Changes to the project sequencing, schedules, or durations mayr require additional fees 3)F Reimbursables, ifany, willl be billed witha a 10% markup (none anticipated) 4) Mileage to the project will be reimbursed: att the IRS standard reimbursement: rate, drive time from San proposed. start date and completion Diego officet tos site is billable General Scope of Work - PHASEII 1. Construction Management Site Supervision: Provide on-site supervision and oversight to ensure that construction activities are executed according to the project plan, schedule, specifications, and safety Quality Control: Implement a robust quality control program to ensure that all work meets Change Management: Manage and document all change orders, ensuring that any changes are assessed, approved, andi integrated into the project plan. standards. the required standards and specifications. 2. Scheduling and Time Management Project Scheduling: Review and approve the baseline project schedule and track scheduling progress through regular monthly updates. Ensure key milestones, critical Progress Monitoring: Track project progress against the schedule. Direct corrective paths, and deadlines are tracked and met. actions to address any delays or deviations. 3. Risk Management Project Management Services January 15, 2025 Page 4 Risk Assessment: Conduct at thorough risk assessment to identify potential project risks Issue Resolution: Monitor and address project issues promptly to minimize their impact on and develop mitigation strategies. the project timeline and! budget. 4. Stakeholder Communication Regular Updates: Provide regular project updates to all stakeholders, including progress reports, budget updates, meeting minutes, potential risks, and open action items. Stakeholder Engagement: Facilitate stakeholder meetings and ensure effective communication throughout the project lifecycle. 5.P Project Closeout Final Closeout: Conduct at final project punch list in coordination with the design team to ensure that all worki is completed to the required standards and specifications. Closeout Documentation: Prepare and hand over all project closeout documents, including as-built drawings, warranties, and operation manuals and oversee all required Owner trainings. Phase II Fee Proposal: Phase I work defines the scope oft the project and the required level of effort for the Gafcon scope defined for Phase II. Once Phase I concludes, Gafcon will prepare the proposed fee for Phase II services in conformance with industry standards, reflecting the required level ofe effort and duration Thank you for considering Gafcon for this opportunity. We look forward to partnering with you on the fort thei final project scope. success of this park project. Sincerely, HSke Heather L. Skaife, M.S., DBIA, CCM Vice President, Corporate Operations DISSCUSSION/DIRECTION # 4 CALI . 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: Submitted By: Council Meeting Date: January 24, 2025 Laura Gutierrez, City Manager/CFO January 28, 2025 Discussion, /Action Subject: Background: Fiscal Year 2024 - 2028 LTA Measure D Improvement Plan The Imperial County Local Transportation Authority's Measure D Sales Taxi includes provisions requiring each agency to annually develop/update a five-year list of projects to be funded with Measure D revenues. The The 5 year LTA Measure D Improvement Plan is intended to preserve the capital assets of the city. The street list plan is grouped into thet following three (3) categories: Construction, Rehabilitation, and Maintenance. The list of projects will be funded with available revenues through LTA Measure D funds. five-year list of projects is required to be approved by each agency's council. Recommendation: Fiscal Impact: None Staff recommends the City Council approval the attached 5 year project list and approve submittal to ICTC. CITY OF CALIPATRIA LTAI MEASURE DI IMPROVEMENTI PLAN 5YEAR PROGRAM OF PROJECT 2024-2028 TO STREET Alamo Street Barbara Street *Blair Road Bonita Place Bonita Street Brown. Avenue California Street Centro. Avenue Church Street Date Street Delta Street Desert Lane East Avenue EE Elder Street Elder Street Fan Palm Court Fern Street Freeman Street Hacienda Court Imperial Avenue Ironwood Street Lake. Avenue Laurel Lane Main Street Park. Avenue Railroad Avenue Sycamore Court **East halfofroad FROM PROJECT International Blvd East Avenue Maimenance/Consinuction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintemance/Consinuction Maintenance/Reconstruction ManeraneReconsncion Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction MainenanceConsinuction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Manteranseeconsncion Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Maintenance/Reconstruction Mainerinekeconsnction Maintenance/Reconstruction Alexandria Street International Blvd Brown Avenue International Blvd Commercial Avenue Maintenance/Reconstruction Sinclair Road Brown Avenue Young Road Peterson Road East Avenue Bowles Road International Blvd East. Avenue International Blvd East Avenue Alexandria Street Alamo Street International Blvd East. Avenue Commercial, Avenue Freeman Street Church Street Railroad Avenue Terminus Bowles Road Bowles Road Laurel Lane East Avenue Date Street C.Lateral Elder Street C.Lateral Young Road SR111 Terminus Fern Street Bowles Road Terminus W. Terminus Date Street Young Road International Blvd SR111 Ironwood Street International Blvd SR111 Brown. Avenue Desert Lane Delta Street Date Street Delta Street Fan Palm Lyerly Road Delta Street Young Road Date Street International Blvd Commercial Avenue Maintenance/Reconstruction Desert Springs Lane Date Street Industrial Avenue Commercial Avenue Reconstruction Arroyo Seco Lane Maintenance/Construction International Blvd Delta Street Industrial Avenue Young Road Mesa Verde Road Maintenance/Reconstruction Mesa Verde Road Maintenance/Reconstruction Lyerly Rd (E %)** Bowles Road Mesa Verde Road Ironwood Street *Portion of] Blair Road within City Limits DISSCUSSION/DIRECTION #5 CALI 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: Submitted By: Council Meeting Date: January 24, 2025 Laura Gutierrez, City Manager/ CFO January 28, 2025 Discussion, /Action Subject: Background: Approval of the Lease Agreement Extension with Best S.T.E.P. Forward 201 N Railroad/286 E Alexandria Ms. Riddell, CEO-Founder of Best S.T.E.P. Forward has requested Lease Agreement Extension for the period of January: 1, 2025 - December 31, 2025. As of the 2024 Lease Agreement, Lessee became responsible fori the Inr recognition of the value of services offered to the youth of the community by Best S.T.E.P. Forward, the monthly rental fee will remain at -0-. However, Lessee will continue to be responsible for all the costs of Maintenance and repairs are at the sole cost of the Lessee. The cost of major repairs is to be covered by the cost of all utilities. The building currently in use is approximately 1,000s sf. utilities, i.e. electricity, sewer, and trash. city as identified in the Lease Agreement. Recommendation: Staff is recommending the City Council approve the Lease Agreement Extension with Best S.T.E.P. Forward for the period of January 1- December 31, 2025. Fiscal Impact: No Fiscal Impact. RENTALLEASEA AGREEMENT EXTENSION Inc consideration of the terms and conditions contained herein, the City of Calipatria, Lessor, does hereby lease to Best S.T.E.P Forward, a California non-profit, public benefit corporation, Lessee, and Lessee does hereby lease from the Lessor, that certain premises commonly known as 210N. Railroad, and the premises commonly known as 2861 E. Alexandria, both located in the City of Calipatria, California (collectively referred to as "the premises" hereinafter). 1. TERM: The term of this Lease shall be for 2025 year, commencing January 1, and terminating on December 31, 2025. 2. RENTAL: In recognition of the value ofLessee's services to the youth of the City of Calipatria, and Lessor's desire to support Lessee's endeavors on behalfofthe youth oft the City of Calipatria, Lessee shall not be required to pay rent. 3. UTILITIES: The Lessee shall be responsible for the utilities provided to the premises: water; electricity; gas; sewer; and trash. 4. ACCEPTANCE AND SURRENDER OF PREMISES: Lessee has been in possession ofthe premises pursuant to the previous lease and knows the condition oft the premises. Lessee hereby accepts the premises as is and further agrees to surrender and deliver up to Lessor the premises in the same condition and order as when received, ordinary and reasonable use and wear thereof excepted. 5. FREE OF LIENS: Lessee shall keep the premises free from any lien's arising out ofany work performed, material furnished, or obligations incurred by Lessee. 6. MAINTENANCE AND REPAIR: Lessee shall, at its sole cost and expense, maintain the interior of the premises, in good and sanitary order, condition and repair. In the event the premises require major repair, such as air conditioning, roof repair, etc., as opposed toi maintenance, the Lessor shall be responsible. 7. WASTE: Lessee shall not commit or suffer to be committed any waste or forms of nuisance upon the premises. 8. ASSIGNMENT AND SUBLETTING: Lessee may not assign this lease or enter into a sublease of the premises or any part thereof to any person or entity without the express written consent oft the Lessor. 9. INDEMNITY: Lessee agrees to indemnify and save harmless the Lessor from any and all liability, claim or causes for damages by reason of any injury to any person and persons, including the Lessee, or the property of any kind whatsoever and to whomsoever it belongs, including the Lessee, arising from any cause or causes occurring in or upon or in any way connected with the premises. 10. INSURANCE: Lessee shall, at its sole expense, cause to be maintained during the term of this Lease general liability insurance in an amount not less than One Million Dollars per occurrence. Lessee shall furnish Lessor a certificate of insurance evidencing issuance of said liability policy within ten days ofthe execution oft this Lease. 11. USE: The premises are to be used for Lessee's Programs only, which include, but are not limited to: soccer, flag football, cheer, dance, baseball, community health and wellness opportunities, and a community garden program. 12. REMEDIES UPON DEFAULT: In the event of any breach or default ofthis Lease Lease by Lessee, Lessor, besides and in addition to any other rights and remedies that Lessor may legally have, shall have the immediate right of re-entry, option to declare the lease terminated, remove all persons or property from the premises. IN WITNESS WHEREOF, the parties hereto have executed this lease on1 this 28th day of January 2025. CITY OF CALIPATRIA: BEST S.T.E.P. FORWARD: By: Michael Luellen, Mayor By: Jaqueline B. Riddell, Lessee By: Laura Gutierrez, City Manager ATTEST: By: Jane Hurtado, City Clerk APPROVED: ASTO FORM: By: Gilbert G. Otero, City Attorney DISSCUSSION/DIRECTION gl AL - 919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: Submitted By: Council Meeting Date: January 24, 2025 Edgar Self, Public' Works Director January 28, 2025 Discussion/Action CITY MONTHLY CLEANUP DATE Subject: Background: The Council has requested. staff review the possibility of opening the Public Works Yard at least one day per month to allow for a monthly cleanup day for City residents. After further review of available times for Public Works, the second Saturday of each month from 8:00 am - 12:00 pm works best. We would like to begin on Residents will be required to register at City Hall for each Clean Up Event. The City will require a City Utility Bill (trash included), copy of vehicle registration, vehicle insurance (all must be current), and a signed city waiver. The requirement is to reduce any City liability. Additionally, staff will not assist with unloading items, shrubs, trash, etc. from vehicles into the dumpster. The resident must bring someone that can assist them with unloading items if needed. City Hall will issue a Clean-Up Pass that will allow the residents on-site access to the Public Works yard. The Clean-Up Pass would only be for residential cleanup and not for any commercial or February 8, 2025, and will run from 8am-12pm. for hire companies. Recommendation: Fiscal Impact: $600 ($150 per event). February 8 March 8 April 12 May 10 (CR&R hosted) June 14 Staff recommends City Council approval to allowi for beautification of our community.