Atwater City Council
January 9, 2023

In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:

1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).

2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.

CITY OF ATWATER
City Council and Successor Agency to the
Atwater Redevelopment Agency
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
January 9, 2023
CALL TO ORDER: 5:30 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

CLOSED SESSION
Adjourn to Conference Room A
• Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding property acquisition. Agency Negotiator:

City Manager Waterman. Property Owner Negotiator: Global International Property Locations: APN 156-060-013
APN 156-060-014

City Council Agenda for Meeting of January 9, 2023 Page 2 • Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):

Number of cases (2)
• Pursuant to Government Code Section 54957, Public Employee Annual Performance Evaluation; Title: City Manager
CALL TO ORDER: 6:00 PM
REGULAR SESSION: (Council Chambers)

INVOCATION
Invocation by Pastor Rich Miller

PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL: (City Council/Board of Directors/Governing Board) Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.

CEREMONIAL MATTERS:
• Presentation of trophy to City Department for winning the City Christmas tree decorating contest
Recommendation: That Pastor Rich Miller make the presentation to the winning City department.
• Presentation of certificate of appreciation to Peggy Heller Elementary School for "Pennies for Presents"
Recommendation: That City Council Member Button make the presentation to Peggy Heller Elementary School.

City Council Agenda for Meeting of January 9, 2023 Page 3 • National Law Enforcement Appreciation Day January 9. 2023 Staff's Recommendation: That Mayor Nelson present the proclamation to Police Chief Salvador, on behalf of the Police Department, recognizing Monday, January 9, 2023 as National Law Enforcement Appreciation Day.

CONSENT CALENDAR

NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.

WARRANTS

1. a) December 27, 2022
b) January 9, 2023
Staff's Recommendation: Approval of warrants as listed.

MINUTES: (Citizens' Oversight Committee)

2. June 14, 2022
Staff's Recommendation: Approval of minutes as listed.

MINUTES: (City Council): ()

3. a) November 1, 2022 - Special Meeting
b) November 14, 2022 - Special Meeting
Staff's Recommendation: Approval of minutes as listed.

AGREEMENTS:

4. Approving a Purchase Order with Calgon Carbon Corporation for GAC Exchange at Well 19 (Public Works Director Vinson)
Staff's Recommendation: Approves a Purchase Agreement
(Purchase Order), in a form approved by the City Attorney, to Calgon Carbon Corporation of Moon Township, Pennsylvania for GAC Exchange in Well 19, in an amount not to exceed $90,599; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City (Class 1 and Class 3 Categorical Exemptions -- Sections 15301 and 15303 of the State CEQA Guidelines).

RESOLUTIONS

5. Declaring the property located at 998 Atwater Boulevard (APN 003-170-

City Council Agenda for Meeting of January 9, 2023 Page 4 034) as Exempt Surplus Land pursuant to the Surplus Land Act (Community Development Director Thompson)
Staff's Recommendation: Adopts Resolution No. SA 2023-1 declaring the property located at 998 Atwater Boulevard (APN 003- 170-034), as Exempt Surplus Land pursuant to the Surplus Lands Act; authorizing the City Manager to take action(s) necessary to effectuate the purposes of the Resolution; and adopts Resolution No. 3362-23 approving Budget Amendment No. 7 Amending Fiscal Year Budget 2022-23 Regarding Aquisition of Property of 998 Atwater Boulevard.

6. Declaring the property located at 980 Cedar Avenue (APN 003-071-001) as Exempt Surplus Land pursuant to the Surplus Land Act (Community Development Director Thompson)
Staff's Recommendation: Adopts Resolution No. HSA 2023-1 declaring the property located at 980 Cedar Avenue (APN 003-071- 001), as Exempt Surplus Land pursuant to the Surplus Lands Act; authorizes the City Manager to take action(s) necessary to effectuate the purposes of the Resolution, including conveyance of the property to the City to be used for public infrastructure purposes; and adopts Resolution No. 3363-23 approving Budget Amendment No. 8 Amending Fiscal Year 2022-23 Budget Regarding Aquisition of Property of 980 Cedar Avenue.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

7. Adoption of an ordinance Amending Chapter 5.60, Cannabis Business Pilot Program, of Title 5, Business taxes, Licenses and Regulation of the Atwater Municipal Code and adding Chapter 5.70, Cannabis Regulatory Program (Community Development Director Thompson and Finance Director Youmara)
Staff's Recommendation: Adopts an ordinance Amending Chapter

5.60, Cannabis Business Pilot Program, of Title 5, Business taxes, Licenses and Regulation of the Atwater Municipal Code and adding Chapter 5.70, Cannabis Regulatory Program.

8. Adoption of an ordinance Approving Zoning Text Amendment No. 22- 18-0100 Repealing and Replacing Chapter 17.28 of the Atwater Municipal Code regarding Accessory and Junior Accessory Dwelling Units, and Determining the Ordinance to be Exempt from
CEQA (Community Development Director Thompson)
Staff's Recommendation: Adopts an ordinance Approving Zoning Text Amendment No. 22-18-0100 Repealing and Replacing Chapter

17.28 of the Atwater Municipal Code regarding Accessory and Junior Accessory Dwelling Units, and Determining the Ordinance to be Exempt from CEQA.

CLAIMS AGAINST THE CITY: (Note to the Public: Portions of this claim have been redacted because they do not affect the City Council’s ability to make a decision on the claim. The claim, however, is a public document and can be made available upon request by members of the public. If you have any questions or would like to request this document, please contact the City Clerk’s office at (209) 357-6241.)

9. Claim No. 2022-13

City Council Agenda for Meeting of January 9, 2023 Page 5 Staff's Recommendation: After consideration and investigation, it is staff's recommendation that Claim No. 2022-13 be rejected.

10. Claim No. 2022-14
Staff's Recommendation: After consideration and investigation, it is staff's recommendation that Claim No. 2022-14 be rejected. ***END OF CONSENT CALENDAR***

PUBLIC HEARINGS

11. Adopting resolution amending Fiscal Year 2022-23 Miscellaneous Fee Schedule (Finance Director Youmara)
Staff's Recommendation: Open the Public Hearing and receive any testimony given regarding the proposed amendments to the Fiscal Year 2022-2023 Miscellaneous Fee Schedule;
Close the Public Hearing;
Motion to adopt Resolution No. 3347-22 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2022-2023; or Motion to approve staff's recommendation as presented.

12. Waiving the first reading, by title only, and introducing an ordinance Amending certain sections of Title 17 “Zoning” of the Atwater Municipal Code relating to Building Height Regulations (Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony;
Close the public hearing;
Motion to waive the first reading and introduce Ordinance No. CS 1056 Amending certain sections of Title 17 “Zoning” of the Atwater Municipal Code relating to Building Height Regulations; or Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF:

13. Awarding a General Construction Contract for Downtown Pedestrian Improvement Project-Phase 1 (Categorically Exempt under CEQA - Existing Facilities) (Community Development Director Thompson) Staff's Recommendation: Motion to award a General Construction Contract, in a form approved by the City Attorney, to Seal Rite Paving of Fresno, California, for the Downtown Pedestrian Improvements Project-Phase 1, City Project No. 20-7, Federal Project No. CML5254(030), in an amount not to exceed 811,821.35, and authorize construction contract change orders up to an aggregate of

City Council Agenda for Meeting of January 9, 2023 Page 6 $81,182.13 (10%); and authorize and direct the City Manager, to execute all contract documents on behalf of the City; or Motion to approve staff's recommendation as presented.

14. Presentation regarding re-tasking of Broadway Avenue including discussion and possible direction regarding re-tasking (Community Development Director Thompson)
CITY MANAGER REPORTS/UPDATES:

15. City Manager Updates

COMMENTS FROM THE PUBLIC

NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.

CITY COUNCIL REPORTS/UPDATES
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson

CLOSED SESSION
Continuation of Closed Session if necessary

ADJOURNMENT
CERTIFICATION:

I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS

CITY CLERK

City Council Agenda for Meeting of January 9, 2023 Page 7 SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.

In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .

1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 Audit & Finance 24 25 26 27 28
~ January 2023 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday New Year's Day Planning Commission
City Holiday Application Deadline for
GPTAC - 6:00 PM
Trash pick up delayed 5:00 PM
1 day
Scheduled Vacancy -
Planning Commission
6:00 PM
City Council Meeting -
Observed
City Holiday
Martin Luther King Jr. Day Meeting - 6:00 PM
Committee Meeting - Merced County
Trash pick up delayed
City Council Meeting - Supervisor McDaniel
4:30 PM
1 day
District 3
30 31 See box to right 1:30 PM - 3:30 PM
6:00 PM Office Hours -

1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28
6:00 PM
City Council Meeting -
4:30 PM
Committee Meeting -
Audit & Finance
Trash pick up delayed Office Hours -
1 day 1:30 PM - 3:30 PM
Observed
City Holiday Merced County
Supervisor McDaniel
President's Day District 3
6:00 PM Meeting - 6:00 PM
City Council Meeting - Planning Commission

GPTAC - 6:00 PM
February
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

WARRANTS SUMMARY FOR JANUARY 9 2023

TOTAL OF WARRANTS (FROM WARRANT REPORT)

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 1 s 1,026,104.24 1

DATE I DESCRIPTION AMOUNT
1/5/2023IPrewrittens included in this current warrant run 1/4/2023 PERS Retirement EFT 12/8/22 - 12/21/22
1/5/2023 PERS Health - January 2023
1/4/2023 State Disbursement Child Support
1/4/2023 AFLAC - December 2022
$ (1,218.21)
$ 49,750.47
$ 104,278.57
$ 691.36
$ 627.97
TOTAL ADDITIONAL WARRANTS $ 154,130.16
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 1,180,834.40 [INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) IDATE I DESCRIPTION !AMOUNT
12/29/2022 Net Payroll $ 216,339.73 $ 290,834.21
12/29/2022 Federal Taxes $ 64,972.01
12/29/2022 State Taxes $ 9,522.47
12/29/2022 Payroll Deductions $ 1,218.21
TOTAL INFORMATIONAL WARRANTS $ 292,052.42
.~=======------

CITY TREASURER

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
1/5/2023 - 9:53 AM
A'hv'ater
Com:ncunil¥ Pri
~-lAJrltreY\
760 Bellevue Road, :er CA96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21466 01/04/2023
21467
21467
01/04/2023
01/04/2023
21468
21468
01/04/2023
01/04/2023
General Fund
Employee Benefits Fund
Employee Benefits Fund
Employee Benefits Fund
Employee Benefits Fund
Garnishments
Health Reimbursements
Health Reimbursements
Health Reimbursements
Health Reimbursements
FRANCHISE TAX BOARD 210.00
Check Total:

UNUM LIFE INSURANCE

UNUM LIFE INSURANCE
210.00

53.50 53.50
Check Total:

UNUM LIFE INSURANCE

UNUM LIFE INSURANCE
107.00
450.62
450.59
Check Total: 901.21
Report Total: 1,218.21
AP-Checks for Approval (1/5/2023 - 9:53 AM) Page I

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
1/5/2023 - 10:34 AM
Ahv'ater
Ca,rununity Pridr Ci
760 Beltevue RoOO, .AlJAlatef CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 01/09/2023 Risk Management Fund Worker's Compensation CENTRAL SAN JOAQUIN VALLEY RMA 123,132.00 0 01/09/2023 Risk Management Fund Liability & Property Ins CENTRAL SAN JOAQUIN VALLEY RMA 88,712.00 ---
Check Total: 211,844.00
21469 01/09/2023 Water Enterprise Fund Professional Services ABS PRESORT, INC. 915.36 21469 01/09/2023 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 915.36 21469 01/09/2023 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,225.86 21469 01/09/2023 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,225.86 21469 01/09/2023 Sanitation Enterprise Fund Office Supplies ABS PRESORT, INC. 1,225.85 21469 01/09/2023 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 915.37 21469 01/09/2023 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,167.00 21469 01/09/2023 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,167.00 21469 01/09/2023 Sanitation Enterprise Fund Office Supplies ABS PRESORT, INC. 1,166.00 ---
Check Total: 9,923.66 --
21470 01/09/2023 Internal Service Fund Professional Services ADVANCED HEATING & AIR 795.00 Check Total: 795.00 ..r
21471 01/09/2023 Internal Service Fund Utilities AMERIGAS - MODESTO 2,034.27 ---
Check Total: 2,034.27 -
21472 01/09/2023 Water Enterprise Fund Professional Services AQUA METRIC 4,951.22 ---
Check Total: 4,951.22
21473 01/09/2023 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 5,102.50 Check Total: 5,102.50 ./'
21474 01/09/2023 Internal Service Fund Professional Services ASSOCIATES LOCK 125.00 21474 01/09/2023 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 38.37 Check Total: 163.37 -
21475 01/09/2023 General Fund Communications AT and T - CALNET3 133.61 AP-Checks for Approval (1/5/2023 - 10:34 AM) Page I

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21475 01/09/2023 Northwood Village LO Communications AT and T - CALNET3 24.04 21475 01/09/2023 Meadow View LO Communications AT and T - CALNET3 24.04 21475 01/09/2023 Water Enterprise Fund Communications AT and T - CALNET3 262.76 21475 01/09/2023 Sewer Enterprise Fund Communications AT and T - CALNET3 362.00 21475 01/09/2023 Internal Service Fund Communications AT and T - CALNET3 562.89 Check Total: 1,369.34
21476 01/09/2023 General Fund Special Departmental Expense ATWATER CHIROPRACTIC, INC. 100.00 Check Total: 100.00
21477 01/09/2023 Water Enterprise Fund Special Departmental Expense BACKFLOW APPARATUS & VALVE CO. 101.70 Check Total: 101.70
21478 01/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 705.29 21478 01/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,534.97 Check Total: 4,240.26 -
21479 01/09/2023 General Fund Professional Services BEST BEST & KRIEGER 28,625.28 21479 01/09/2023 General Fund Professional Services BEST BEST & KRIEGER 1,110.00 21479 01/09/2023 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 155.00 21479 01/09/2023 Risk Management Fund Professional Services BEST BEST & KRIEGER 3,112.50 ---
Check Total: 33,002.78
21480 01/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 6.29 21480 01/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 61.08 21480 01/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 15.47 21480 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 10.63 21480 01/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 113.41 21480 01/09/2023 Water Fund Capital Replacement Hydrant Replacement BIG CREEK LUMBER COMPANY 177.92 21480 01/09/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 4.83 21480 01/09/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 40.89 21480 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 69.07 Check Total: 499.59
21481 01/09/2023 General Fund Professional Services BILL SPRIGGS APPRAISAL 1,500.00 ---
Check Total: 1,500.00
21482 01/09/2023 Internal Service Fund Professional Services BOBCAT CENTRAL, INC. 1,854.60 21482 01/09/2023 Internal Service Fund Operations & Maintenance BOBCAT CENTRAL, INC. 1,198.68 Check Total: 3,053.28
21483 01/09/2023 Sewer Enterprise Fund Special Departmental Expense JIM BRISCO ENTERPRISES 94.18 AP-Checks for Approval (1/5/2023 - 10:34 AM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 94.18
21484 01/09/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 133.00 21484 01/09/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21484 01/09/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21484 01/09/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21484 01/09/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21484 01/09/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 1,469.00 21484 01/09/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 Check Total: 3,633.00
21485 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 88.20 -
21485 01/09/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 12.00 21485 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 54.66 21485 01/09/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 60.00 21485 01/09/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 24.00 21485 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 12.90 21485 01/09/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 60.00 21485 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 57.92 21485 01/09/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 24.00 21485 01/09/2023 General Fund Special Departmental Expense CAL FARM SERVICES 12.21 21485 01/09/2023 General Fund Professional Services CAL FARM SERVICES 40.00 21485 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 73.87 21485 01/09/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 100.00 ---
Check Total: 619.76
21486 01/09/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21486 01/09/2023 Internal Service Fund Special Departmental Expense CINTAS 18.46 21486 01/09/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21486 01/09/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 21486 01/09/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21486 01/09/2023 General Fund Uniform & Clothing Expense CINTAS 20.58 21486 01/09/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21486 01/09/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 50.62 21486 01/09/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21486 01/09/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21486 01/09/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 21486 01/09/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 50.62 21486 01/09/2023 General Fund Uniform & Clothing Expense CINTAS 20.58 21486 01/09/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 21486 01/09/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21486 01/09/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 AP-Checks for Approval (1/5/2023 - 10:34 AM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 441.77
21487 01/09/2023 Internal Service Fund Communications COMCAST CABLE 13.22 Check Total: 13.22
21488 01/09/2023 Sewer Enterprise Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 265.21 21488 01/09/2023 Sewer Enterprise Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 235.55 21488 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 20.13 Check Total: 520.89
21489 01/09/2023 Internal Service Fund Operations & Maintenance COOK'S COMMUNICATIONS 5,557.70 21489 01/09/2023 General Fund Special Departmental Expense COOK'S COMMUNICATIONS 825.00 21489 01/09/2023 General Fund Special Departmental Expense COOK'S COMMUNICATIONS 325.00 Check Total: 6,707.70
21490 01/09/2023 Internal Service Fund Special Departmental Expense DATA PATH, INC. 562.08 21490 01/09/2023 Internal Service Fund Professional Services DATA PATH, INC. 796.80 Check Total: 1,358.88
21491 01/09/2023 Internal Service Fund Special Departmental Expense FASTENAL COMPANY 70.99 Check Total: 70.99
21492 01/09/2023 Water Fund Capital Replacement Installation-New Water Meters FERGUSON ENTERPRISES INC. #690 1,184.29 Check Total: 1,184.29 ,,
21493 01/09/2023 Sewer Enterprise Fund Special Departmental Expense FOSTER'S PUMPS, INC. 212.83 21493 01/09/2023 Sewer Enterprise Fund Professional Services FOSTER'S PUMPS, INC. 1,507.50 21493 01/09/2023 Sewer Enterprise Fund Professional Services FOSTER'S PUMPS, INC. 285.00 Check Total: 2,005.33
21494 01/09/2023 Sewer Enterprise Fund Professional Services GHD 8,387.73 21494 01/09/2023 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 GHD 870.88 Check Total: 9,258.61 --
21495 01/09/2023 General Fund Community Center Deposits GRACE MENNONITE SCHOOL 350.00 Check Total: 350.00 ,.,
21496 01/09/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 64.95 21496 01/09/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 55.00 21496 01/09/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 830.80 AP-Checks for Approval (1/5/2023 - 10:34 AM) Page 4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 950.75
21497 01/09/2023 General Fund Special Departmental Expense INTERNATIONAL CODE COUNCIL, INC. 70.00 21497 01/09/2023 General Fund Special Departmental Expense INTERNATIONAL CODE COUNCIL, INC. 106.09 Check Total: 176.09
21498 01/09/2023 Risk Management Fund Professional Services JACKSON LEWIS P.C. 185.50 Check Total: 185.50
21499 01/09/2023 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 1,245.00 Check Total: 1,245.00
21500 01/09/2023 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 6,249.18 21500 01/09/2023 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 1,510.93 Check Total: 7,760.11
21501 01/09/2023 Gas Tax/Street Improvement Professional Services JORGENSEN COMPANY 641.56 -
21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 45.00 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 45.00 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 44.00 21501 0 I /09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 108.53 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 94.97 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 489.59 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 294.78 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 108.53 21501 01/09/2023 Sewer Enterprise Fund Professional Services JORGENSEN COMPANY 579.43 21501 0 I /09/2023 Water Enterprise Fund Professional Services JORGENSEN COMPANY 444.30 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 461.05 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 314.67 21501 01/09/2023 Internal Service Fund Professional Services JORGENSEN COMPANY 597.20 Check Total: 4,268.61
21502 01/09/2023 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 20.43 Check Total: 20.43
21503 01/09/2023 Sewer Enterprise Fund Professional Services KRAZAN & ASSOCIATES, INC. 280.00 Check Total: 280.00
21504 01/09/2023 Water Enterprise Fund Accounts Payable CARY ALLEN MABON 140.65 -
Check Total: 140.65 -
AP-Checks for Approval (1/5/2023 - I 0:34 AM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21505 01/09/2023 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 5,451.43 Check Total: 5,451.43
21506 01/09/2023 General Fund Youth Volleyball MERCED AREA SPORTS OFFICIALS, INC 700.00 Check Total: 700.00
21507 01/09/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 Check Total: 19.00
21508 01/09/2023 Sewer Enterprise Fund Professional Services MERCED IRRIGATION DISTRICT 1,665.10 ---
Check Total: 1,665.10
21509 01/09/2023 Internal Service Fund Improvements Other Than Bldg MODESTO OVERHEAD DOOR 13,218.00 ---
Check Total: 13,218.00
21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense -
MSC SOLUTIONS, INC. 41.75
21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 51.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 21510 01/09/2023 Internal Service Fund Uniform & Clothing Expense MSC SOLUTIONS, INC. 41.75 Check Total: 469.25
21511 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 9.73 21511 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 43.29 21511 01/09/2023 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 15.14 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 20.91 2151 I 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 172.77 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 86.58 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 11.67 21511 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 47.60 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 12.87 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 32.37 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 220.39 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 15.14 21511 01/09/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 7.57 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 113.84 AP-Checks for Approval (1/5/2023 - 10:34 AM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 162.30 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 9.62 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 80.94 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 15.14 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 8.27 21511 01/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 151.52 Check Total: 1,237.66
21512 01/09/2023 Sewer Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 407.25 Check Total: 407.25
21513 01/09/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC -
69,556.96
21513 01/09/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 55,641.22 21513 01/09/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 49,467.33 21513 01/09/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 44,903.44 21513 01/09/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 1,048.96 21513 01/09/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 42.33 21513 01/09/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 142.62 21513 01/09/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 22,132.93 21513 01/09/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 277,981.26 21513 01/09/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 23.82 Check Total: 520,940.87
21514 01/09/2023 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 10,613.98 21514 01/09/2023 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 1,375.15 ---
Check Total: 11,989.13
21515 01/09/2023 General Fund Office Supplies SAFEGUARD BUSINESS SYSTEMS 199.49 21515 01/09/2023 General Fund Office Supplies SAFEGUARD BUSINESS SYSTEMS 225.37 Check Total: 424.86 -
21516 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 721.29 21516 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 156.72 Check Total: 878.01
21517 01/09/2023 General Fund Professional Services SANTA FE PET HOSPITAL 514.00 21517 01/09/2023 General Fund Professional Services SANTA FE PET HOSPITAL 214.00 21517 01/09/2023 General Fund Professional Services SANTA FE PET HOSPITAL 250.00 21517 01/09/2023 General Fund Professional Services SANTA FE PET HOSPITAL 251.40 21517 01/09/2023 General Fund Professional Services SANTA FE PET HOSPITAL 300.00 Check Total: 1,529.40
AP-Checks for Approval (1/5/2023 - 10:34 AM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21518 01/09/2023 General Fund Special Departmental Expense HENRY SCHEIN, INC. 1,271.94 Check Total: 1,271.94
21519 01/09/2023 General Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 727.35 21519 01/09/2023 General Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 1,554.70 Check Total: 2,282.05
21520 01/09/2023 Gas Tax/Street Improvement Professional Services -
ST FRANCIS ELECTRIC 1,260.00
---
Check Total: 1,260.00
21521 01/09/2023 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 262.94 Check Total: 262.94
21522 01/09/2023 Water Enterprise Fund Professional Services STATE WATER RESOURCES CONTROL BOARD 27,391.67 ---
Check Total: 27,391.67
21523 01/09/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,199.47 21523 01/09/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,199.47 ---
Check Total: 2,398.94
21524 01/09/2023 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 10,884.40 Check Total: 10,884.40
21525 01/09/2023 ARPA-American Rescue Plan Act Station 41 Flooring TRICOUNTY FLOORING 55,533.17 ---
Check Total: 55,533.17 --
21526 01/09/2023 Internal Service Fund Operations & Maintenance VAN DE POL 10,446.41 Check Total: 10,446.41 ✓
21527 01/09/2023 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATIN( 2,624.20 Check Total: 2,624.20
21528 01/09/2023 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14 -
21529 01/09/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,072.38 Check Total: 1,072.38 ✓-
21530 01/09/2023 1,2,3-TCP Fund Project Retention W.M. LYLES COMPANY 30,000.00 AP-Checks for Approval (1/5/2023 - 10:34 AM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 30,000.00
21531 01/09/2023 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 250.09 21531 01/09/2023 General Fund Special Departmental Expense WATERFORD IRRJGATION SUPPLY, INC 143.28 21531 01/09/2023 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 1.83 Check Total: 395.20
21532 01/09/2023 General Fund Special Events SHARON M WILKERSON 97.06 Check Total: 97.06 r
21533 01/09/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 42.19 21533 01/09/2023 Internal Service Fund Special Departmental Expense WINTON HARDWARE 15.61 Check Total: 57.80 -
21534 01/09/2023 General Fund Travel/Conferences/Meetings DELILAH YOUMARA 51.04 Check Total: 51.04
Report Total: 1,025,486.03
AP-Checks for Approval (1/5/2023 - 10:34 AM) Page 9

CITY OF ATWATER

SPECIAL MEETING
CITIZENS’ OVERSIGHT COMMITTEE
FOR

PUBLIC SAFETY TRANSACTIONS

AND USE TAX

ACTION MINUTES
June 14, 2022
REGULAR SESSION: (Council Chambers)
The City of Atwater Citizens’ Oversight Committee for Public Safety Transactions and Use Tax met in Special Session this date at
5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Committee Member Dash presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Police Chief Salvador.

ROLL CALL:

Present: Committee Members Brantley, Castro, Dash, Pirtle

Absent: Committee Member Garner, Vice Chairperson Brice, Chairperson Hyler
Staff Present: City Manager Waterman, Police Chief Salvador, CAL FIRE Captain Bernard, Finance Director Youmara, Deputy City Clerk Thuang

Citizens’ Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for June 14, 2022 Page 2 City Manager Waterman stated that as Vice Chairperson Brice and Chairperson Hyler are both absent from the meeting, the Citizens’ Oversight Committee for Public Safety Transactions and Use Tax by roll-call vote, will select a presiding Chairperson for this meeting.

Committee Member Pirtle moved to appoint Committee Member Dash as presiding Chairperson for the Citizens’ Oversight Committee for Public Safety Transactions and Use Tax meeting of June 14, 2022. The motion was seconded by Committee Member Brantley and the vote was: Ayes: Castro, Dash, Pirtle, Brantley; Noes:

None; Absent: Garner, Brice, Hyler. The motion passed.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

MINUTES:

1. March 8, 2022 – Regular meeting
MOTION: Committee Member Pirtle moved to approve the minutes as listed. The motion was seconded by Committee Member Brantley and the vote was: Ayes:

Pirtle, Brantley, Castro, Dash; Noes: None; Absent: Garner, Brice, Hyler. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Police Department Update (Police Chief Salvador)
Police Chief Salvador spoke regarding the Police Department’s activities for the calendar year of 2021 and 2022 regarding the total volume and call for service rate, criminal reports, misdemeanor felony arrests, citation and crime rates, staffing levels of the Police Department, and additions to the Police Department equipment fleet. He also addressed concerns of the Committee Members regarding the cost of outfitting the command vehicle and usage of the general fund.

One person spoke regarding the training, staffing levels, and funding of the Police Department.

One person spoke regarding the staffing levels of the Police Department, the increase in citations issued, revenue from citations, and the Police Department budget.

No one else came forward to speak.

Citizens’ Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for June 14, 2022 Page 3 Fire Department Update (CAL FIRE Battalion Chief Ayuso) CAL FIRE Captain Bernard spoke regarding the Fire Department 2021 and partial 2022 statistics regarding the total call volume for Station 41 and 42, the purchase of personal protective equipment for the reserve firefighters and a command post vehicle, grant opportunities for the Fire Department, and Fire Marshal inspections.

He also addressed concerns of the Committee Members regarding the addition of Station 41 and Station 42 addresses on materials presented.

Police Chief Salvador and City Manager Waterman addressed concerns of the Committee Members regarding the operational area of the Police Department.

One person spoke regarding the staffing levels of the Fire Department and the renegotiation of the current CAL FIRE contract.

One person spoke regarding the usage of funds from the Public Safety Transactions and Use Tax for additional staffing for the Fire Department, the Fire Department’s response to medical calls, and ambulance services in the City.

No one else came forward to speak.

Financial Report (Finance Director Youmara)
Finance Director Youmara provided an update regarding the unaudited budget status report for the third quarter of Fiscal Year 2021-22 Public Safety Transactions and Use Tax Fund and provided an update regarding the Fiscal Year 2022-23 proposed budget.

One person spoke regarding the date range of the budget status report presented, the role and responsibilities of the Citizens’ Oversight Committee for Public Safety Transactions and Use Tax relating to public safety expenditures, professional service consulting fees, and the need for town hall meetings.

One person spoke regarding transparency within the City and the structure, role, and responsibilities of the Citizens’ Oversight Committee for Public Safety Transactions and Use Tax relating to public safety expenditures.

No one else came forward to speak.

ADJOURNMENT:

Presiding Chairperson Dash adjourned the meeting at 6:34 PM.

Citizens’ Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for June 14, 2022 Page 4 APPROVED:
_______________________________
Linda Dash, Presiding Chairperson
BY: Leslie Thuang
Oversight Recording Secretary

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
November 1, 2022
CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Lieutenant Novetzke.

INVOCATION:

The invocation was led by City Council Member Raymond.

ROLL CALL:

Present: City Council Members Ambriz, Button, Cale, Raymond, Mayor Creighton
Staff Present: City Manager Waterman, City Attorney Stager, Battalion Chief Ayuso, Police Chief Salvador, Lieutenant Novetzke, Deputy City Clerk Martin
PUBLIC COMMENT:

Notice to the public was read.

One person came forward to speak regarding the City Clerk position.

CITY OF ATWATER
Minutes

City Council Special Meeting Action Minutes for November 1, 2022 Page 2 One person came forward to speak regarding the City Clerk position.

One person came forward to speak regarding the City Clerk position.

No one else came forward to speak.

CITY MANAGER REPORTS/UPDATES:

Discussion and possible action regarding the unscheduled vacancy for the position of City Clerk as a result of the resignation of City Clerk Armstrong City Manager Waterman provided background information on this item and addressed the concerns of the City Council regarding the unscheduled vacancy of the City Clerk position.

City Council Member Raymond asked regarding elected and appointed City Clerk and cost associated.

Mayor Creighton asked for clarification regarding the position.

City Council Member Button asked regarding the application process.

City Attorney Stager provided clarification on various items.

Mayor Pro Tem Cale asked for clarification regarding the election process.

MOTION: Mayor Pro Tem Cale moved to open the application for City Clerk to all qualified electors in the City of Atwater for the remainder of the term ending December 2024. The application will close on November 9, 2022 at 5 PM and interviews will be held at a City Council special meeting November 14, 2022. The motion was seconded by City Council Member Raymond and the vote was: Ayes:

Button, Raymond, Ambriz, Creighton; Noes: None; Absent: None. The motion passed.

ADJOURNMENT:

Mayor Creighton adjourned the Special Meeting at 6:23 PM. _________________________________

JANELL MARTIN,

DEPUTY CITY CLERK

City Council Special Meeting Action Minutes for November 1, 2022 Page 3

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
November 14, 2022
CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 4:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Pro Tem Cale presiding.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Mayor Pro Tem Cale.

ROLL CALL:

Present: City Council Members Ambriz, Button, Cale, Raymond,

Absent: City Council Member Raymond and Mayor Creighton Staff Present: City Manager Waterman, City Attorney Splendorio, Deputy City Clerk Martin
PUBLIC COMMENT:

Notice to the public was read.

No one came forward to speak.

CITY OF ATWATER
Minutes

City Council Special Meeting Action Minutes for November 14, 2022 Page 2 CITY CLERK INTERVIEWS:

Interviews for the unscheduled vacancy of the City Clerk for the remaining term of two (2) years ending December 2024.

The City Council interviewed the two qualified candidates.

CITY CLERK NOMINATION(S) AND APPOINTMENT:

That the City Council, by roll call vote, nominate one (1) candidate to appoint to fill the unscheduled vacancy of the City Clerk.

City Attorney Splendorio provided background information on the nomination process.

By consensus the City Council, by roll call vote, nominated one candidate to fill the unscheduled vacancy of the City Clerk.

MOTION: City Council Member Button moved to appoint candidate Kory Billings to City Clerk for the remaining term of two (2) years ending December 2024. The vote was: Ayes: Button, Cale; Noes: Ambriz; Absent: Raymond, Creighton. The motion passed.

ADJOURNMENT:

Mayor Creighton adjourned the Special Meeting at 4:56 PM. _________________________________

JANELL MARTIN,

DEPUTY CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 9, 2023
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED BY: Ana Jaramillo, Administrative Assistant II SUBJECT: Approving a Purchase Order with Calgon Carbon Corporation for GAC Exchange at Well 19 (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approves a Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to Calgon Carbon Corporation of Moon Township, Pennsylvania for GAC Exchange in Well 19, in an amount not to exceed $90,599; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City (Class 1 and Class 3 Categorical Exemptions -- Sections 15301 and 15303 of the State CEQA Guidelines).

I. BACKGROUND/ANALYSIS:

In July of 2021, Well 19 Treatment site was put online and started treating 1,2,3- Trichloropropane (TCP). The TCP is treated by granulated activated carbon (GAC) vessels installed at the treatment site that remove the TCP from the water before it is delivered to the residents. There are 6 GAC vessels located at the Well 19 Treatment site. The vessels are configured as three sets of lead-lag vessels. The water flows through the lead vessel first, and then flows through the lag vessel afterwards. This allows for the continued treatment of TCP after the life of the carbon is no longer removing TCP from the water.

Per the City's State-approved TCP Operations Plan, to maximize the carbon life, the City may decide to replace the carbon in the lead vessel of a series pair once the carbon in the lead vessel is no longer removing TCP from the water. The City can track this by sampling the water as it passes through the GAC vessels.

Two vessels at Well 19 are no longer removing TCP from the water and are in need of a carbon change-out. The scope of work consists of removal of the spent media from the two vessels, placement of spent media in either bulk bags or a disposal container, inspection of vessel interior performed by viewing from outside man-way opening, and re-bedding with replacement media.

Three (3) bids were received and were totaled and reviewed for responsiveness. The Bid Summary (Exhibit A) shows the lowest bid coming in at $90,599. Staff reviewed the

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

bid submitted by Calgon Carbon Corporation of Moon Township, Pennsylvania for $90,599 and has determined it is a responsive and acceptable bid.

II. FISCAL
IMPACTS:

Sufficient funding is available in the Fiscal Year 2022-23 Budget, 1,2,3-TCP Fund, Professional Services Account No. 6007-7010-3030. Per the City of Atwater Purchasing System Manual, the informal bidding process is allowed for Public Works Projects valued at $200,000 or less.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL
REVIEW:

The proposed project involves the operation, maintenance, leasing, licensing, or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).

IX. STEPS FOLLOWING APPROVAL:

Upon approval by the City Council, the Purchase Order Requisition will be sent to the Finance Department and PO will then be generated.

Submitted by:

Agenda Report - Page 3

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Bid Summary 1-9-23

SUCCESSOR AGENCY TO

THE REDEVELOPMENT

AGENCY AGENDA REPORT

MEETING DATE: January 9, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Julia Coronado
SUBJECT: Declaring the property located at 998 Atwater Boulevard (APN 003-170-034) as Exempt Surplus Land pursuant to the Surplus Land Act (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adopts Resolution No. SA 2023-1 declaring the property located at 998 Atwater Boulevard (APN 003-170-034), as Exempt Surplus Land pursuant to the Surplus Lands Act; authorizing the City Manager to take action(s) necessary to effectuate the purposes of the Resolution; and adopts Resolution No. 3362-23 approving Budget Amendment No. 7 Amending Fiscal Year Budget 2022-23 Regarding Aquisition of Property of 998 Atwater Boulevard.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

On March 29, 1988, the former Redevelopment Agency purchased a 1.82-acre parcel from the Southern Pacific Transportation Company (“SPTC”). The Agency acquired the property for the purpose of revitalizing the commercial district through commercial development and related public improvements. The SPTC property acquired included two month-to-month lease interests for the Atwater Feed Store (APN 003-170-030) and for Moore’s Automotive (APN 003-170-032). In 2002, the Agency subdivided the larger SPTC parcel into three parcels (APN 003-170-30, 31, & 32) to accommodate development of the Intermodal Transit Station Park and Ride Facility. The Agency constructed the Intermodal Transit Station on APN 003-170-031.

Moore’s Automotive had been in operation at the 998 Atwater Boulevard location since March 13, 1975, occupying the westerly portion of APN 003-170-032. On December 23, 2009, the Agency sold a portion of the parcel to Moore’s Automotive to allow for the business to continue operation at this location for purposes of business retention in the commercial district. Partial acquisition of the parcel by Moore’s Automotive left the Agency with a remnant parcel. The remnant parcel is located on APN 003-170-034 and is 11,918 square feet. It is an oddly shaped parcel located at a road curve and would be difficult to develop.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

When the City became the Successor Agency to the former Redevelopment Agency following dissolution in 2012, the site was designated to be sold pursuant to the Long Range Property Management Plan. In 2022, the City elected to acquire the property pursuant to provisions of the Surplus Land Act. Traditional development of this parcel would be challenging due to unusual traffic constraints. The City plans to utilize the parcel for public access to storm prevention provisions for residents to access during extreme storm events. This property would therefore become an asset of our storm water utility.

ANALYSIS:

In response to the affordable housing crisis, effective January 1, 2020, the California Surplus Lands Act was amended to promote affordable housing development on unused or underutilized public land. The changes require the City Council to declare property as “surplus land” or “exempt surplus land” before it may dispose of a property.

California Government Code 54221(f)(1) identifies properties that constitute exempt surplus land and which need not be made available to other public entities and affordable housing sponsors prior to disposition. Subsection D of 54221(f)(1) states that “property transferred to a local agency for that agency’s use is exempt surplus land.” In the case of 998 Atwater, the City intends to purchase and transfer the property at 998 Atwater Boulevard for the purpose of public access to storm prevention provisions for residents to access during extreme storm events use which is in compliance with California Government Code 54221(f)(10(D).

Adoption of the attached Resolution is required to declare the 998 Atwater site as “exempt surplus property” and allow the Successor Agency to transfer the property to the City of Atwater for the City’s use via a Purchase and Sale Agreement that will be brought back at a later date.

II. FISCAL
IMPACTS:

The City intends on purchasing the property at the appraised market value of $18,000, based on an appraisal conducted in July 2022. Budget Amendment No. 7 establishes an expense account in the Sewer Enterprise Fund 6010, for this purchase.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A

Agenda Report - Page 3

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have the ability to provide comment prior to City Council Direction.

VIII. ENVIRONMENTAL
REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

The steps following approval will include adoption of the resolution declaring the property at 998 Atwater Boulevard as exempt surplus land. After adoption of the exemption resolution, the City may proceed with a Purchase and Sale Agreement between the City and Successor Agency to buy and transfer the property.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. SA Resolution 998 Atwater Blvd. Property aquisition (1)

2. Resolution No 3362-23 BA No. 7 Purchase 998 Atwater Boulevard

3. 5c 998 Atwater PSA

SUCCESSOR AGENCY

TO THE ATWATER

REDVELOPMENT AGENCY

RESOLUTION NO. SA 2023-1

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

ATWATER REDEVELOPMENT AGENCY DECLARING
THE PROPERTY LOCATED AT 998 ATWATER
BOULEVARD (APN 003-170-034) AS EXEMPT SURPLUS

LAND PURSUANT TO THE SURPLUS LAND ACT
WHEREAS, the former Atwater Redevelopment Agency acquired the property at 998 Atwater boulevard (APN 003-170-034) (“the Site”) for purposes of revitalizing the commercial district through commercial development and related public improvements; and
WHEREAS, upon dissolution the City became the Successor Agency to the Redevelopment Agency; and
WHEREAS, the Site is designated to be sold pursuant to the Long Range Property Management Plan; and
WHEREAS, the Successor Agency intends to sell the Site at appraised fair market value, in the amount of $18,000 to the City of Atwater for the City’s use; and WHEREAS the Surplus Land Act (California Government Code Section 54220 et seq.) is intended to make a local agency’s surplus land available to other public entities; and WHEREAS, the Surplus Land Act requires the City to declare property as “surplus land” or “exempt surplus land” before the City may dispose of the property; and WHEREAS, California Government Code Sections 54221(f)(1) identifies categories of property that constitute “exempt surplus land,” which need not be made available to other public entities and affordable housing sponsors prior to disposition; and WHEREAS, California Government Code Sections 54221(f)(1)(D) provides that property transferred to a local agency for that agency’s use is “exempt surplus land” under the Surplus Land Act; and
WHEREAS, the Successor Agency intends to transfer the Site to the City for the City’s use in compliance with 54221(f)(1)(D); and

Resolution No. SA 2023-1 Page 2
WHEREAS, the City intends to use the Site as additional parking for the Intermodal Transit Station Park and Ride; and
WHEREAS, the disposition of the Site in compliance with California Government Code Section 54221(f)(1)(D) constitutes the disposal of exempt surplus land and, pursuant to California Government Code Section 54222.3, is not subject to the provisions of the Surplus Land Act.

NOW, THEREFORE, the Successor Agency to the Atwater Redevelopment Agency does hereby resolve as follows:

Section 1.

The Recitals set forth above are true and correct and incorporated herein by reference.

Section 2.

The City Council of the City of Atwater hereby declares that the Site is exempt surplus land, contingent upon the Site being transferred in compliance with all the applicable requirements of California Government Code Sections 54221(f)(1)(D).

The foregoing resolution is hereby adopted this 9th day of January 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:

APPROVED:
_____________________________

MIKE NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK

Resolution No. SA 2023-1 Page 3

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3362-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 7 AMENDING 2022-2023

FISCAL YEAR BUDGET REGARDING
ACQUISITION OF 998 ATWATER BOULEVARD
(APN 003-170-034)
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. 7 to the 2022-2023 Fiscal Year Budget as follows:

SECTION 1: Establish Budget in the Wastewater Enterprise Fund (Expense).

Establish Budget
(Expense)
6010-1080-XXXX 998 Atwater Boulevard
Acquisition
$18,000
BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.

The foregoing resolution is hereby adopted this 9th day of January 2023.

AYES:

NOES:

ABSENT:

APPROVED:

Resolution No. 3362-23 Page 2

________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

01005.0012/354232.3 1

PURCHASE AND SALE OF REAL PROPERTY
(998 Atwater Boulevard; LRPMP Property No. 2)
This AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY (“Agreement”) is made this ____ day of _____, 20__ (“Agreement Date”) by and between the CITY OF ATWATER AS SUCCESSOR AGENCY TO THE FORMER ATWATER REDEVELOPMENT AGENCY (“Successor Agency”), and the CITY OF ATWATER, a municipal corporation (“City”).

R E C I T A L S
A. Successor Agency is the fee owner of that certain vacant real property located at 998 Atwater Boulevard in the City of Atwater, Merced County, California (APN 003-170- 034), Property No. 2 from its Long Range Property Management Plan (“LRPMP”), and legally described in Exhibit A attached hereto and incorporated herein (“Property”).

B. The Property is owned by Successor Agency as a result of Health & Safety Code Section 34167.5. Successor Agency's predecessor in interest to the Property was the Atwater Redevelopment Agency (“Former RDA”). On December 29, 2011, the California State Supreme Court issued a ruling on the constitutional validity of two 2011 legislative budget trailer bills, Assembly Bill (“AB”) x1 26 (Chapter 5, Statutes of 2011) and AB x1 27 (Chapter 6, Statutes of 2011), which resulted in the outright dissolution of all 425 redevelopment agencies in the State of California. As part of that dissolution process, former redevelopment lands, like the Property, inured to successor agencies by operation of law.

Moreover, the dissolution laws provide a process for the disposition and/or transfer of assets, including property holdings of the Former RDA. Subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012), which was passed, signed, and enacted on June 28, 2012, made significant changes to the provisions of AB x1 26, including the process for asset management/disposition/transfers, which include preparation and approval of a LRPMP by the Agency and State Department of Finance (“DOF”).

C. The final amended LRPMP was approved by DOF on December 21, 2015.

The LRPMP provides that the Property was to be listed for sale.

D. In 2002, the Successor Agency subdivided a larger parcel into three parcels (APN 003-170-030, 031, and 032) to accommodate development of the Intermodal Transit Station Park and Ride Facility. That Facility was constructed on APN 003-170-031 while a portion of APN 003-170-032 was sold to Moore’s Automotive for the purposes of business retention in the commercial district. Partial acquisition of the parcel by Moore’s Automotive left the Successor Agency with a remnant parcel. The remnant parcel is located on APN 003-170-034 and is 11,918 square feet. To date no offers have been made to purchase and develop the site, however the City is interested in purchasing the site to use as additional transit parking.

E. The Property is undesirable for development due to its small size and irregular shape (“Property Limitations”).

01005.0012/354232.3 2
F. City and Successor Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for the sale of the Property by Successor Agency to City.

G. Upon acquisition of the Property, costs currently incurred by Successor Agency with respect to the Property will become the responsibility of City.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties mutually agree as follows:

TERMS AND CONDITIONS

1. INCORPORATION OF RECITALS. The Recitals are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement and are hereby incorporated herein.

2. PURCHASE AND SALE OF PROPERTY. City hereby agrees to purchase from Successor Agency, and Successor Agency agrees to sell to City the Property AS-IS together with all rights, privileges, easements, leases, licenses and interests appurtenant thereto, including, without limitation, all oil, gas, water and water rights.

3. PURCHASE PRICE. The purchase price for the Property shall be Eighteen Thousand Dollars ($18,000.00) (“Purchase Price”). The Purchase Price has been determined by the parties considering the conveyance is (i) AS-IS and subject to any environmental issues; (ii) without representations or warranties; (iii) conveyed only by a quit claim deed; (iv) without title insurance being provided to City; (v) subject to the Property Limitations; (vi) the lack of interest in the Property as noted in Recital D; and (vii) subject to the City’s covenant that the Property will be used solely for the Public Purposes.

4. PAYMENT OF PURCHASE PRICE. City shall pay Successor Agency the Purchase Price for the Property upon delivery of the Quit Claim Deed by Successor Agency to City in the form attached hereto as Exhibit B to be delivered as set forth in Section 5 (“Quit Claim Deed”).

5. CLOSING.

5.1No Escrow. No Escrow will be required under this Agreement. Provided City does not terminate this Agreement pursuant to Section 9, the parties shall consummate this transaction within fifteen (15) days from the Agreement Date (“Closing”), by Successor Agency executing, acknowledging and delivering the Quit Claim Deed to City in accordance with the requirements of Section 6.

5.2Recordation. Promptly following Successor Agency’s delivery of the Quit Claim Deed, City shall (i) execute the Certificate of Acceptance and attach it to the Quit Claim Deed and submit it for recordation with the Contra Costa County Records and (ii) deliver the Purchase Price to Successor Agency. It is the intent of the parties that the closing occurs no later than thirty (30) days from the Agreement Date.

01005.0012/354232.3 3

5.3Insurance. Except as otherwise provided herein, insurance policies for fire or casualty, if any, are not to be transferred, and Successor Agency agrees to maintain all current fire or casualty policies in force until City has accepted the Quit Claim Deed, at which time Successor Agency may cancel said policies.

6. CONDITION OF TITLE; POSSESSION.

6.1Title. Successor Agency shall convey by Quit Claim Deed to City fee simple title to the Property. The parties agree that no title insurance will be provided at Closing and City waives its right to acquire same and understands the risk of such decision.

6.2Possession. At the Closing, Successor Agency shall deliver possession of the Property to City free and clear of any possessory interests.

7. NO REPRESENTATIONS AND WARRANTIES. Successor Agency makes no representations and warranties to City. Prior to its acquisition, City shall make its own investigation of the Property pursuant to Section 9.

8. NO ESCROW INSTRUCTIONS; COSTS.

8.1No Escrow Instructions. Because this Agreement is being entered into by two related entities, there will be no independent escrow required.

8.2General Provisions and Costs. Any costs related to the transfer and recordation of the Property shall be borne solely by City.

9. ENTRY FOR INVESTIGATION. For a period of ten (10) days following the Agreement Date (“Inspection Period”), Successor Agency grants to City, its agents and employees a limited license to enter upon the Property for the purpose of conducting engineering surveys, soil tests, investigations or other studies reasonably necessary to evaluate the condition of the Property, which studies, surveys, investigations and tests shall be done at Successor Agency's sole cost and expense. As a condition to City's entry, inspection or testing, City shall keep the Property free and clear of all materialmen's liens, lis pendens and other liens arising out of the entry and work performed under this Agreement. If City disapproves the condition of the Property, City shall have the right to terminate this Agreement provided City delivers written notice of termination to Successor Agency prior to the end of the Inspection Period.

10. MISCELLANEOUS.

10.1 No Conflict of Interest. No officer or employee of City or Successor Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation.

Successor Agency and City each warrant that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

01005.0012/354232.3 4

10.2 Notices. Any notice which either party may desire to give to the other party must be in writing and may be given by personal delivery, or by mailing the same by U.S. mail to the party to whom the notice is directed at the address of such party at 750 Bellevue Road, Atwater, CA 95301.

10.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

10.4 No Waiver. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions.

10.5 Amendment. None of the terms and provisions hereof shall be altered or amended unless in writing and signed by the parties.

10.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

10.7 Merger of Prior Agreements and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated by this Agreement and all prior to contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect.

10.8 Time of Essence. Time is of the essence of this Agreement and of the transfer of title to the Property.

10.9 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties, notwithstanding that both parties are not signatories to the original or the same counterpart.

10.10 Attorney’s Fees. In the event any action or suit is brought by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover from the other party

01005.0012/354232.3 5
all costs and expenses of the action or suit, including actual attorneys’ fees, expert witness fees, accounting and engineering fees, and any other professional fees resulting therefrom.

10.11 Incorporation of Exhibits. Exhibits A & B attached hereto are incorporated herein by reference.
[SIGNATURES ON FOLLOWING PAGE]

01005.0012/354232.3 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above.

CITY: SUCCESSOR AGENCY:

CITY OF ATWATER, a municipal
corporation
By: ________________________
Mike Nelson, Mayor

CITY OF ATWATER AS SUCCESSOR

AGENCY TO THE FORMER ATWATER

REDEVELOPMENT AGENCY
By: ________________________
XXX, Chairman
ATTEST:

Lori Waterman, City Manager
APPROVED AS TO FORM:

BEST, BEST & KRIEGER
By: _________________________
Frank Splendorio, City Attorney
ATTEST:

XXX, Agency Secretary
APPROVED AS TO FORM:

BEST, BEST & KRIEGER
By: _________________________
XXX, Agency Counsel

01005.0012/354232.3 EXHIBIT A

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Atwater, Merced County, State of California legally described as follows:

APN: 003-170-034

01005.0012/354232.3 EXHIBIT B-1

EXHIBIT B

QUIT CLAIM DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

CITY OF ATWATER
750 Bellevue Road
Atwater, CA 95301
Attn: City Manager

QUIT CLAIM DEED
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged and subject to the covenants specified below, the CITY OF ATWATER AS SUCCESSOR AGENCY TO THE FORMER ATWATER REDEVELOPMENT AGENCY (“Grantor”) remises, releases and quit claims forever without representation or warranty of any kind to the CITY OF ATWATER, a municipal corporation (“Grantee”) for public purposes, that certain real property (Assessor Parcel No. 003-170- 034) in the City of Atwater, County of Merced, State of California, as more particularly described in Attachment No. 1 attached hereto and incorporated herein by reference (“Property”).

A. Covenant of Non-Discrimination. Grantee agrees to refrain from restricting the rental, sale, or lease of any portion of the Property on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of any person. All such deeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses:
(a) Deeds: In deeds the following language shall appear: "The grantee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself, or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) Leases: In leases the following language shall appear: "The lessee herein covenants by and for itself, its heirs, executors, administrators, successors, and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the leasing, subleasing, renting, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any APN. 003-170-034
THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax is $___ under R&T Code §11922. (Space Above This Line for Recorder’s Office Use Only)
(Exempt from Recording Fee per Gov. Code §6103)

01005.0012/354232.3 EXHIBIT B-2
such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased."
(c) Contracts: In contracts pertaining to conveyance of the realty the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." The forgoing covenants shall remain in effect in perpetuity.

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on its behalf by its officers or agents hereunto as of the date below.
“GRANTOR”
Dated: ________________, 20__ CITY OF ATWATER AS THE SUCCESSOR

AGENCY TO THE FORMER ATWATER

REDEVELOPMENT AGENCY
By ______________________
XXX, Chairman
ATTEST:

XXX, Agency Secretary
APPROVED AS TO FORM:

BEST, BEST & KRIEGER
By: ______________________
Frank Splendorio, Agency Attorney

01005.0012/354232.3 EXHIBIT B-3

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quit Claim Deed dated ________________, 20__, from the CITY OF ATWATER AS SUCCESSOR AGENCY TO THE FORMER ATWATER REDEVELOPMENT AGENCY, is hereby accepted by the undersigned officer on behalf of the CITY OF ATWATER pursuant to authority conferred by the City Council of the City of Atwater pursuant to that certain AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY approved on ________________, 20__, and Grantee consents to recordation thereof by its duly authorized officer.

Dated: _______________, 20__ GRANTEE:

CITY OF ATWATER, a municipal corporation
By: ________________________________
Lori Waterman, City Manager

01005.0012/354232.3 EXHIBIT B-4
ATTACHMENT NO. 1

LEGAL DESCRIPTION OF THE PROPERTY

01005.0012/354232.3 EXHIBIT B-5

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 20__ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

BOARD OF DIRECTORS

AGENDA REPORT

MEETING DATE: January 9, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Julia Coronado
SUBJECT: Declaring the property located at 980 Cedar Avenue (APN 003- 071-001) as Exempt Surplus Land pursuant to the Surplus Land Act (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adopts Resolution No. HSA 2023-1 declaring the property located at 980 Cedar Avenue (APN 003-071-001), as Exempt Surplus Land pursuant to the Surplus Lands Act; authorizes the City Manager to take action(s) necessary to effectuate the purposes of the Resolution, including conveyance of the property to the City to be used for public infrastructure purposes; and adopts Resolution No. 3363-23 approving Budget Amendment No. 8 Amending Fiscal Year 2022-23 Budget Regarding Aquisition of Property of 980 Cedar Avenue.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

In 2009, the Atwater Redevelopment Agency acquired an older duplex housing unit and a garage located on Cedar Avenue and First Street that had been uninhabited for many years and left in dilapidated condition. By acquiring this property, the Agency sought to eliminate blight, as well as provide a location for a small affordable housing project. This location can provide up to four (4) units. The former Agency was unable to dispose of the property prior to dissolution and the property was transferred to the Housing Successor Agency.

HSC Sections 33334.16 and 34176.1(e) require the Housing Successor to initiate the development of affordable housing on these properties or dispose of them within five years from the date the DOF approved the transfer of the properties as housing assets, or September 5, 2017. Because the Housing Successor was unable to develop or dispose of the Cedar Avenue property within the five-year period, the Housing Successor adopted a resolution extending the deadline, through September 5, 2022, as required by law. In 2018, the property was approved for sale; however, the buyer backed out of the transaction. At this point, the City of Atwater has offered to purchase the property, which is governed by the Surplus Land Act, for public utility infrastructure purposes.

BOARD OF DIRECTORS
Mike Nelson, Chair
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

ANALYSIS:

In response to the affordable housing crisis, effective January 1, 2020, the California Surplus Lands Act was amended to promote affordable housing development on unused or underutilized public land. The changes, require the City Council to declare property as “surplus land” or “exempt surplus land” before it may dispose of a property.

California Government Code 54221(f)(1) identifies properties that constitute exempt surplus land and which need not be made available to other public entities and affordable housing sponsors prior to disposition. Subsection D of 54221(f)(1) states that “property transferred to a local agency for that agency’s use is exempt surplus land.” In the case of 980 Cedar, the City intends to purchase and transfer the property for the purpose of public utility infrastructure which is in compliance with California Government Code 54221(f)(10(D).

As previously shared, the purchase of the 980 Cedar site by the City provides an opportunity to utilize property which the City has been unable to sell for housing development as a non-housing public use. However, this is a Housing Successor property so sale proceeds must be deposited into the Low and Moderate Income Housing Asset Fund to be used for future development of affordable housing.

Adoption of the attached Resolution is required to declare the 980 Cedar site as “exempt surplus property” and allow to the Housing Successor Agency to transfer the property to the City of Atwater for the City’s use as public utility infrastructure. Because the City acts as the Housing Successor Agency, this does not require a transfer of property, but the City Manager will take any action necessary to make clear in County title records that the property is no longer required to be used for affordable housing purpose. The City Manager will also be required to deposit the purchase price into the Low and Moderate Income Housing Asset Fund in exchange for the purchase of the property. Those funds will be used for future development of affordable housing.

The City's intended use of the property is to provide adequate off-street parking for both Bloss and Memorial Field Park. The acquisition of the property is $80,000, and it is estimated that the cost of design would be approximately $80,000. It is important to note that prior to the City seeking bids from qualified contractors for the work of the improvements, a design and engineer cost estimate must be developed first.

II. FISCAL
IMPACTS:

The City will purchase the property for $80,000 (eighty thousand dollars), based on an appraisal of the property conducted in October 27, 2022. The estimated cost of the design phase is $80,000.Funds shall be deposited into the Low and Moderate Income Housing Asset Fund to be used for affordable housing projects. Budget Amendment No. 8 establishes a budget in the Parks and Recreation Fund 1020.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

Agenda Report - Page 3

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

Not required for all staff reports but should be included in most reports where the Council should be considering options, or discussion of options already investigated.

If there are Policy options for consideration, the discussion should be specific and detailed.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been routed and reviewed by all departments.

VII. PUBLIC PARTICIPATION:

The public will have a chance to comment on the matter prior to Council action.

VIII. ENVIRONMENTAL
REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

The Steps following approval will include adoption of the resolution declaring the property at 980 Cedar Avenue as exempt surplus land, and conveyance of the property to the City for public utility infrastructure purposes. The City Manager will transfer the purchase price to the Low and Moderate Income Housing Asset Fund, and will take any steps necessary to clarify in the title records that the property is no longer a housing asset.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Agenda Report - Page 4

Lori Waterman, City Manager
Attachments:

1. Resolution No. HSA 2023-1 Declares 980 Cedar Avenue

2. Resolution No 3363-23 BA No. 8 Cedar Ave. Parking lot

HOUSING SUCCESSOR

AGENCY TO THE ATWATER

REDEVELOPMENT AGENCY
RESOLUTION NO. HSA 2023-1

A RESOLUTION OF THE CITY OF ATWATER AS THE

HOUSING SUCCESSOR AGENCY TO THE ATWATER

REDEVELOPMENT AGENCY DECLARING THE
PROPERTY LOCATED AT 980 CEDAR AVENUE (APN 003-
071-001) AS EXEMPT SURPLUS LAND PURSUANT TO

THE SURPLUS LAND ACT
WHEREAS, the City of Atwater (“City”) elected to serve as the Housing Successor Agency to the former Atwater Redevelopment Agency (“Housing Successor”) pursuant to Assembly Bill x1 26, Assembly Bill 1484, and Senate Bill 107 (collectively the “Dissolution Act”) as codified in the California Health & Safety Code (“HSC”); and WHEREAS, HSC Section 34176.1(e) requires all real properties acquired by the former Atwater Redevelopment Agency (“former Agency”) prior to February 1, 2012 and transferred to the Housing Successor to be developed or disposed of pursuant to the requirements detailed in HSC Section 33334.16, with time periods commencing on the date the Department of Finance approved such properties as a housing asset; and WHEREAS, under HSC 34176.1(e), the property development and disposition deadline imposed by HSC 33334.16 was September 5, 2017, which was five years from the date the Department of Finance approved the properties as housing assets; and WHEREAS, HSC 33334.16 further states that the legislative body may extend the aforementioned property development or disposition deadline for one additional period not to exceed five years; and
WHEREAS, the Housing Successor extended to September 5, 2022, the deadline to develop or dispose of all real properties transferred by the Agency, including the certain real property with approximately 0.40 acres located at 980 Cedar Avenue (APN 001-071- 001) (“the Site”); and
WHEREAS, the Surplus Land Act (California Government Code Section 54220 et seq.) requires the Housing Successor to declare property as “surplus land” or “exempt surplus land” before the Housing Successor may dispose of the property; and

Resolution No. HSA 2023-1 Page 2
WHEREAS, California Government Code Sections 54221(f)(1) identifies categories of property that constitute “exempt surplus land,” which need not be made available to other public entities and affordable housing sponsors prior to disposition; and WHEREAS, California Government Code Sections 54221(f)(1)(D) provides that property transferred to a local agency for that agency’s use is “exempt surplus land” under the Surplus Land Act; and
WHEREAS, the Housing Successor intends to transfer the Site to the City for the City’s use in compliance with 54221(f)(1)(D); and
WHEREAS, the City intends to use the Site as public utility infrastructure; and WHEREAS, the disposition of the Site in compliance with California Government Code Section 54221(f)(1)(D) constitutes the disposal of exempt surplus land and, pursuant to California Government Code Section 54222.3, is not subject to the provisions of the Surplus Land Act.

NOW, THEREFORE, the City Council of the City of Atwater, acting as the Housing Successor Agency to the Atwater Redevelopment Agency, does resolve as follows:

Section 1. Recitals
The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Exempt Surplus Land Declaration
The City Council hereby declares that the Site is exempt surplus land, contingent upon the Site being transferred in compliance with all the applicable requirements of California Government Code Sections 54221(f)(1)(D).

Section 3. Disposition of Exempt Surplus Land
The City Council hereby authorizes and directs the City Manager to take such actions as are necessary to convey the Site from the Housing Successor Agency to the City for public infrastructure use, including but not limited to recordation of a grant deed or other documents as may be necessary to document the City’s fee title ownership of the Site, and to transfer the amount of $80,000 (eighty thousand dollars), which constitutes the fair market value of the Site, from the General Fund to the Low and Moderate Income Housing Asset Fund of the Housing Successor Agency.

Resolution No. HSA 2023-1 Page 3
PASSED AND ADOPTED THIS 9th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

_______________________________

MIKE NELSON, BOARD CHAIR
ATTEST:
_________________________________
KORY J. BILLINGS, BOARD CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3363-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 8 AMENDING 2022-2023

FISCAL YEAR BUDGET REGARDING
ACQUISITION OF 980 CEDAR AVENUE (APN 003-
071-001)
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. 8 to the 2022-2023 Fiscal Year Budget as follows:

SECTION 1: Establish Budget in the Parks Impact Fund (Expense).

Establish Budget
(Expense)
1020-1080-XXXX Cedar Avenue Parking Lot $160,000
BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.

The foregoing resolution is hereby adopted this 9th day of January 2023.

AYES:

NOES:

ABSENT:

APPROVED:

Resolution No. 3362-23 Page 2

________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1055

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER AMENDING CHAPTER 5.60,

CANNABIS BUSINESS PILOT PROGRAM, OF
TITLE 5, BUSINESS TAXES, LICENSES AND

REGULATION OF THE ATWATER MUNICIPAL
CODE AND ADDING CHAPTER 5.70, CANNABIS
REGULATORY PROGRAM, TO TITLE 5,

BUSINESS TAXES, LICENSES AND

REGULATION OF THE ATWATER MUNICIPAL
CODE
WHEREAS, in 1996, the voters of the State of California approved the Compassionate Use Act of 1996 (“CUA”) (codified as Health and Safety Code, § 11362.5 et seq.) to enable certain Californians to legally possess, use, and cultivate marijuana for personal medical use free from prosecution under enumerated provisions of state law; and WHEREAS, in 2003, the California Legislature adopted the Medical Marijuana Program Act (“MMP”) (codified as Health and Safety Code, § 11362.7 et seq.), which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under state law; and
WHEREAS, in 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, holding that nothing in the CUA or MMP preempted cities’ authority to regulate medical marijuana land uses; and
WHEREAS, in 2015, the California Legislature enacted the Medical Cannabis Regulation and Safety Act (MCRSA), which for the first time in the State’s history adopted comprehensive regulations and licensing for medical marijuana businesses; and WHEREAS, in 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), which legalized the non-medical use of

Ordinance No. CS 1055 Page 2
marijuana by adults over 21 years of age, and provides for state licensing of adult-use marijuana businesses; and
WHEREAS, Senate Bill 94 (“SB 94”), signed by the Governor on June 27, 2017 to take effect immediately, repealed the MCRSA, and amended AUMA to consolidate the state licensing scheme applicable to both medical and adult-use commercial cannabis activity under a new law entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA); and
WHEREAS, AUMA, as amended by MAUCRSA, recognizes, preserves, and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that regulate licensed cannabis businesses, including, but not limited to, completely prohibiting the establishment or operation of one or more types of businesses licensed under MAUCRSA within the local jurisdiction (Business and Professions Code, § 26200); and
WHEREAS, the City desires to move away from its current framework of regulating cannabis businesses through Development Agreements, and instead establish a comprehensive set of regulations clarifying objective standards applicable to all cannabis businesses and applicants; and
WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, Section 15061(b)(3), because it can be seen with certainty that the Ordinance will not have a significant effect on the environment because it would require a regulatory permit and impose operating criteria on cannabis retailers. Additionally, Business & Professions Code Section 26055(h) provides that CEQA does not apply to the adoption of an ordinance by a local jurisdiction that requires discretionary review and approval of permits to engage in commercial cannabis activity that includes separately applicable environmental review; and
WHEREAS, the City Council finds that approval of this Ordinance would accomplish the following:

1. Update the City’s cannabis permitting and regulatory provisions to terminate the current Development Agreement framework, comply with state and federal law, require community benefits as consideration for engaging in cannabis businesses, establish due process rights for permit applicants, and clarify operating requirements for permitted cannabis businesses.

2. Ensure City residents’ health, peace, and safety by clarifying the procedures for the enforcement of cannabis regulations.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Ordinance No. CS 1055 Page 3
SECTION 1. A new section 5.60.140 is added to Atwater Municipal Code Chapter 5.60, of Title 5 of the Atwater Municipal Code, to read as follows:
“5.60.140
Termination of Pilot Program
As of the effective date of the Ordinance adding Chapter 5.70 to this Title 5 of the Atwater Municipal Code, this Chapter 5.60 shall only be in effect as to cannabis businesses which hold current, non-expired entitlements obtained in accordance with this Chapter 5.60. To the extent there are any conflicts between this Chapter 5.60 and Chapter 5.70, Chapter 5.70 shall govern except as to persons with current, non-expired entitlements under Chapter 5.60. Existing cannabis businesses operating pursuant to a valid Development Agreement and Conditional Use Permit under this Chapter, and in good standing with the City as of the effective date of this Chapter, may continue to operate on the same terms provided by said Development Agreement and Conditional Use Permit during the effective term of the Development Agreement executed with the City, unless terminated or extended earlier, as set forth in the Development Agreement.

Prior to expiration of the Development Agreement, Existing Cannabis Developers who wish to continue cannabis business activities must submit a Cannabis Regulatory Permit renewal application under the procedures of Section 5.70.150 in order to transition to a Cannabis Regulatory Permit under this Chapter. Failure to timely submit the Cannabis Regulatory Permit renewal application will result in expiration of all rights associated with the Development Agreement at the conclusion of the Development Agreement term. Once an applicant has applied for and been granted a Cannabis Regulatory Permit as required by Chapter 5.70, any entitlements previously held pursuant to a Development Agreement under this Chapter 5.60 shall be deemed terminated, of no further force or effect, and superseded by the provisions of Chapter 5.70.” SECTION 2. Atwater Municipal Code Chapter 5.70 is hereby added to Title 5 of the Atwater Municipal Code, to read in its entirety as follows:

CHAPTER 5.70

CANNABIS BUSINESS PROGRAM

5.70.010 Title

5.70.020 Purpose and Intent

5.70.030 Legal Authority

5.70.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter

5.70.050 Compliance with State and Local Laws and Regulations

5.70.060 Definitions

5.70.070 Licenses and Permits Required

Ordinance No. CS 1055 Page 4

5.70.080 Maximum Number of Authorized Commercial Cannabis Businesses and Permit Types

5.70.090 Community Benefits

5.70.100 Evidence of Cannabis Owners and/or Employees; Background Check Required

5.70.110 Application for Cannabis Regulatory Permit

5.70.120 Procedure Guidelines and Review Criteria to Evaluate Cannabis Regulatory Permit Applications

5.70.130 City’s Reservation of Rights

5.70.140 Term of a Cannabis Regulatory Permit

5.70.150 Renewal of Cannabis Regulatory Permit

5.70.160 Existing Cannabis Developers

5.70.170 Revocation of Permits

5.70.180 Effect of State License Suspension or Revocation

5.70.190 Grounds for Appeal

5.70.200 Written Request for Appeal

5.70.210 Notice of Appeal Process

5.70.220 Appeal Hearing Process

5.70.230 Permittee-Requested Change to Cannabis Regulatory Permit

5.70.240 Transfer of Cannabis Regulatory Permit

5.70.250 Conditional Use Permit Required to Engage in Commercial Cannabis Activity

5.70.260 Cannabis Regulatory Permit Required to Engage in Cannabis Business Activity

5.70.270 Building Permits and Inspection

5.70.280 Right to Occupy and to Use Property

5.70.290 Location and Design of Commercial Cannabis Businesses

5.70.300 Authorization from the Community Development Director

5.70.310 Limitations on City’s Liability

5.70.320 Records and Recordkeeping

5.70.330 Fees and Charges

5.70.340 Security Measures

5.70.350 General Operating Requirements

5.70.360 Amendments to General Operating Requirements

5.70.370 Additional Operating Requirements for Store Front/Retail Facilities

5.70.380 Additional Operating Requirements for Distributors

5.70.390 Additional Operating Requirements for Testing Labs

5.70.400 Additional Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale of Edible and Other Cannabis Products

5.70.410 Additional Operating Requirements for Cultivators

5.70.420 Delivery Requirements for Store Front Retail, Non-Store Front Retail, and Microbusinesses

5.70.430 Operating Requirements for Out-of-City Delivery Services

Ordinance No. CS 1055 Page 5

5.70.440 Permissible Delivery Locations and Customers

5.70.450 Promulgation of Regulations, Standards, and Other Legal Duties

5.70.460 Community Relations Contact Person

5.70.470 On-Site Consumption and Temporary Cannabis Event Permits

5.70.480 Fees Deemed Debt to the City

5.70.490 Permit Holder Responsible for Violations

5.70.500 Inspection and Enforcement

5.70.510 Violations

5.70.010 Title.

This Chapter shall be known as the Cannabis Business Program Ordinance of the City of Atwater.

5.70.020 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate the commercial cultivation, processing, manufacturing, testing, sale, delivery, and distribution of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law.

5.70.030 Legal Authority.

This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Sections 50022.1-50022.8 and 50022.10 of the California Government Code, and the provisions of the MAUCRSA.

5.70.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, commercial cannabis activity, as that term is defined in section 5.70.060 herein, is expressly prohibited in the City.

5.70.050 Compliance with State and Local Laws and Regulations.

Ordinance No. CS 1055 Page 6
It is the responsibility of the owners and/or operators of any commercial cannabis business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.

5.70.060 Definitions.
(A) “Applicant” means a person or entity that submits an application for a Cannabis Regulatory Permit under this Chapter.
(B) “Cannabis” shall have the same meaning as that appearing in Business and Professions Code Section 26001(e), as may be amended, or renumbered from time to time.
(C) “Canopy” shall have the same meaning as that appearing in Title 4, Section 15000 of the California Code of Regulations, as may be amended or renumbered from time to time.
(D) “Caregiver” or “primary caregiver” has the same meaning as that term is defined in Health and Safety Code Section 11362.7, as may be amended, or renumbered from time to time.
(E) “City” shall mean the City of Atwater, California.
(F) “City Manager” shall mean the City of Atwater City Manager or his or her designee. (G) “Commercial cannabis activity” shall have the same meaning as that appearing in Business and Professions Code Section 26001(j), as may be amended, or renumbered from time to time.
(H) “Commercial cannabis business” means any business or operation which engages in medicinal or adult-use commercial cannabis activity. (I) “Cannabis Regulatory Permit” means a regulatory permit issued by the City pursuant to this Chapter, to a commercial cannabis business, and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a commercial cannabis business is made expressly contingent upon the business’s ongoing compliance with all of the requirements of this Chapter and any regulations adopted by the City governing the commercial cannabis activity at issue.
(J) “Cannabis Business Permittee” or “Permitee” means a person or entity that has received a Cannabis Regulatory Permit from the City as authorized under this Chapter.

Ordinance No. CS 1055 Page 7
(K) “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
(L) “Distributor” shall have the same meaning as that appearing in Business and Professions Code Section 26001(s), as may be amended, or renumbered from time to time.
(M) “Existing Cannabis Developer” means the holder of a Development Agreement with the City of Atwater for cannabis operations issued prior to the effective date of this Chapter, subject to the terms of said Development Agreement and the Cannabis Business Pilot Program.
(N) “Limited-access area” means an area in which cannabis is stored or held and is only accessible to a permitee and authorized personnel. (O) “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. (P) “Manufacturing site” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid Cannabis Regulatory Permit for manufacturing from the City of Atwater and, a valid state license as required for manufacturing of cannabis products. (Q) “MAUCRSA” means the Medicinal and Adult Use Cannabis Regulation and Safety Act, as codified within the California Business and Professions Code, and as may be amended from time to time.
(R) “Microbusiness” shall have the same meaning as that contained in Business and Professions Code Section 26001(aj), as may be amended, or renumbered from time to time.
(S) “Non-retailer business” means a wholesale business which does not include a retail component, including but not limited to cultivation, manufacturing, distribution, and testing lab businesses.
(T) “Non-storefront retailer” is a subset of “Retailer” and is a licensed and permitted retail business that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls. (U) “Non-volatile solvent” means any solvent used in the extraction process that is not a volatile solvent as defined by state law. For purposes of this Chapter, a nonPage 95 of 338 Ordinance No. CS 1055 Page 8
volatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.
(V) “Owner” means any of the following:
(1) A person with an aggregate ownership interest of 10 percent or more in the commercial cannabis business, unless the interest is solely a security, lien or encumbrance.
(2) An individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general partner of a commercial cannabis business that is organized as a partnership.
(c) A non-member manager or manager of a commercial cannabis business that is organized as a limited liability company.
(d) The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager, or their equivalent.
(f) An individual with the authority to execute contracts on behalf of the commercial cannabis business.
(g) When an entity is an owner in a commercial cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the commercial cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees, and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
(W) “Package” means any container or receptacle used for holding cannabis or cannabis products.
(X) “Patient” or “qualified patient” shall have the same meaning as that contained in California Health and Safety Code Section 11362.7 et seq., as may be amended, or renumbered from time to time, and which includes within its definition a person who is entitled to the protections of California Health & Safety Code Section 11362.22, as may be amended, or renumbered from time to time.

Ordinance No. CS 1055 Page 9
(Y) “Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. (Z) “Person with an identification card” shall have the same meaning as that contained in California Health and Safety Code Section 11362.7, as may be amended, or renumbered from time to time.
(AA) “Processing” means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and nonmanufactured cannabis products.
(BB) “Retailer” or “Storefront Retailer” shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code, as may be amended, or renumbered from time to time.
(CC) Sensitive use is defined as:
(1) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
(2) A commercial daycare center licensed by the State, County or City. (3) A church or other place of worship.
(4) A Youth Center, as that term is defined herein.
(DD) “State license” means a permit or license issued by the State of California, or one of its departments or divisions, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity. A state license alone will not authorize the holder to operate a commercial cannabis business, as state law also requires a license or other authorization issued by a local jurisdiction. (EE) “Topical cannabis” means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by California Health and Safety Code Section 109925, as may be amended, or renumbered from time to time.
(FF) “Transport” means the transfer of cannabis products from the licensed business location of one state licensee to the licensed business location of another state licensee, for the purposes of conducting cannabis activity authorized by the MAUCRSA which may be amended or repealed by any subsequent related State of California legislation. Transport can only be performed by state licensed distributors and does not include deliveries of cannabis or cannabis products. (GG)"Volatile solvent" means a solvent as defined by Health and Safety Code Section

Ordinance No. CS 1055 Page 10
11362.3(b)(3), as may be amended, or renumbered from time to time. (HH) “Youth center” means any:
(1) Public or private facility that is primarily and predominantly used to host recreation or social activities for minors, including, but not limited to:
(a) Private youth membership organizations or clubs,
(b) Social service teenage club facilities,
(c) Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business; or
(d) Similar amusement park facilities.
(2) It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks.
(3) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

5.70.070 Licenses and Permits Required.
(A) No person may engage in any commercial cannabis activity within the City unless the person meets all of the following requirements:
(1) Possess a valid State of California Seller’s Permit; (2) Possess a valid Cannabis Regulatory Permit issued by the City; (3) Possess a valid Conditional Use Permit issued by the City; (4) Possess a valid Business License issued by the City; and (5) Is currently in compliance with all applicable state and local permits, laws, and regulations pertaining to the commercial cannabis business and the cannabis activities, including the duty to obtain any other required state or local licenses.

5.70.080 Maximum Number of Authorized Commercial Cannabis Businesses and Permit Types.

This section is intended to set a maximum number of commercial cannabis businesses that may operate within the City and identify the number of authorized permit types that

Ordinance No. CS 1055 Page 11
may be issued in order for commercial cannabis businesses to operate in the City. (A) The number of each type of commercial cannabis business that shall be permitted to operate in the City may be established by resolution by the City Council. (B) Each year following the City Council’s initial award of permits, if any, or at any time in the City Council’s discretion, the City Council may reassess the number of Cannabis Regulatory Permits which are authorized for issuance and make any changes by resolution.
(C) The City Council at its sole discretion may determine that the number and/or types of Cannabis Regulatory Permits should remain the same or be modified. (D) Nothing in this section shall be interpreted as limiting the City’s authority to impose moratoria or certain operational limitations on any businesses in the City, as otherwise authorized by the Government Code or the City’s police powers.

5.70.090 Community Benefits.
(A) The application procedure process may, at the discretion of the City Manager or his or her designee, include a component on community benefits. (B) Any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the City’s approval, if and when a Cannabis Regulatory Permit is issued. Such terms and conditions shall be in addition to the requirements of this Chapter.
(C) Community benefits may include but will not be limited to: in-kind donations, sponsorships, and/or financial support for community events such as fairs, afterschool programs, youth centers, Boys and Girls Clubs, school athletic programs, school clubs, community centers, homeless shelters, senior centers, senior living facilities, parks, and recreation programs.

5.70.100 Evidence of Cannabis Owners and/or Employees; Background Check Required.
(A) Any person who is an owner, employee or who otherwise works within a commercial cannabis business must be legally authorized to do so under applicable state law.
(B) Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), as may be amended or renumbered from time to time and which authorize city authorities to access state and local criminal history information for employment, licensing, or certification purposes, and authorize access to federal level criminal

Ordinance No. CS 1055 Page 12
history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every applicant for entitlements under this Chapter must submit fingerprints and other information deemed necessary by the city manager or their designee for a background check by the Atwater police department or a third party. A fee for the cost of the background investigation, which shall be the actual cost to the city of Atwater to conduct the background investigation as it deems necessary and appropriate, including city staff time and costs, shall be paid at the time the person submits for the background check. The persons subject to such background check are all owners, managers, supervisors, and any individual who will be participating in the direction, control, or management of the commercial cannabis business licensed in Atwater.
(C) The City or its third-party contractor shall conduct said criminal background checks, which must at a minimum identify the following:
(1) Whether the owner or employee has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offenses in other states;
(2) Whether the owner or employee has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or
(3) Whether the owner or employee has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code, as may be amended or renumbered from time to time.
(D) Evidence of a conviction of any the offenses enumerated in Section 5.70.100(C) of this Chapter, or any other crime involving moral turpitude, may result in denial of an outstanding application for a cannabis regulatory permit or associated conditional use permit or business license, and/or suspension of a cannabis regulatory permit, conditional use permit, or business license then in effect.

5.70.110 Application for Cannabis Regulatory Permit.

All persons seeking a Cannabis Regulatory Permit must make a written application to that effect upon a form to be provided by the City, which form may require the applicant to set forth certain information about the commercial cannabis business that is the subject of the application, including but not limited to operating hours, site plan, security plan, and employee information. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the

Ordinance No. CS 1055 Page 13
application process.

5.70.120 Procedure Guidelines and Review Criteria to Evaluate Cannabis Regulatory Permit Applications.
(A) By resolution, the City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of cannabis regulatory permit applications. (B) The Procedure Guidelines shall provide the process for soliciting applications, including time frames, limitations, requirements, forms, and rules for completing applications.
(C) The scoring metrics determined by the adopted Review Criteria shall be used to determine which candidates will be eligible to proceed to the final selection process.
(D) The City Manager or their delegate shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the Procedure Guidelines and Review Criteria, and to apply the Procedure Guidelines and Review Criteria to approve or disapprove an application for a Cannabis Regulatory Permit.

5.70.130 City’s Reservation of Rights.

The City reserves the right to reject any or all applications for a Cannabis Regulatory Permit. Prior to such permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this Chapter, an application may be rejected for any of the following reasons:
(A) The application was received after the designated time and date of the deadline. (B) The application did not contain the required elements, exhibits, or was not organized in the required format.
(C) The application was considered not fully responsive to the request for a permit application, i.e., was incomplete.

5.70.140 Term of a Cannabis Regulatory Permit.

Each Cannabis Regulatory Permit issued pursuant to this Chapter shall expire when the

Ordinance No. CS 1055 Page 14
commercial cannabis business for which the license is issued ceases operations authorized thereby. The term of a Cannabis Regulatory Permit shall otherwise be from the date of issuance to the end of the then-current fiscal year, at which point renewal will be required for the Cannabis Regulatory Permit not to lapse. Cannabis Regulatory Permits may be renewed as provided in Section 5.70.150.

5.70.150 Renewal of Cannabis Regulatory Permits.
(A) An application for renewal of a Cannabis Regulatory Permit shall be filed at least sixty (60) calendar days prior to the expiration date of the current permit. (B) The renewal application shall contain all of the information required for new applications.
(C) The applicant shall pay a fee in an amount to be set by City Council resolution to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter. (D) An application for renewal of a Cannabis Regulatory Permit may, in the City Manager or his/her designee’s discretion, be rejected if any of the following occurs:
(1) The application is filed less than sixty (60) days before its expiration or a shorter time period which shall be at the discretion of the City Manager or his/her designee.
(2) The Cannabis Regulatory Permit is suspended or revoked at the time of the application for renewal.
(3) The commercial cannabis business has not exercised its Cannabis Regulatory Permit prior to the renewal application or the approved extension of the deadline from the City Manager or his/her designee. “Exercised” shall be defined as the earliest of when any of the following occur:
a. A Certificate of Occupancy has been issued,
b. The permitted use(s) has commenced on the site, and
c. A City Building Permit or Grading Permit is secured, and construction lawfully commenced.
(4) The commercial cannabis business has failed to conform to the requirements of the Cannabis Regulatory Permit or this Chapter or any regulations adopted pursuant to this Chapter.
(5) The commercial cannabis business has failed to submit sufficient

Ordinance No. CS 1055 Page 15
documentation responsive to the City Council’s adopted Procedure Guidelines and Review Criteria, such that the City cannot make an informed decision regarding the application for renewal.
(6) The permit holder fails or is unable to renew its state license. (7) If the state has determined, based on substantial evidence, that the permitee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the Cannabis Regulatory Permit. (E) The City Manager or his/her designee is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager or his/her designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare.

5.70.160 Existing Cannabis Developers.

As of the effective date of the Ordinance adding this Chapter 5.70 to this Title 5 of the Atwater Municipal Code, Chapter 5.60 shall only continue in effect as to cannabis businesses which hold current, non-expired entitlements obtained in accordance with Chapter 5.60. To the extent there are any conflicts between Chapter 5.60 and this Chapter

5.70, Chapter 5.70 shall govern except as to persons with current, non-expired entitlements under Chapter 5.60. Notwithstanding Section 5.70.110 of this Code, Existing Cannabis Developers operating pursuant to a valid Development Agreement and Conditional Use Permit and in good standing with the City, as of the effective date of this Chapter, may continue to operate on the same terms provided by said Development Agreement and Conditional Use Permit during the effective term of the Development Agreement executed with the City, unless terminated or extended earlier, as set forth in the Development Agreement. Prior to expiration of the Development Agreement, Existing Cannabis Developers who wish to continue cannabis business activities must submit a Cannabis Regulatory Permit renewal application under the procedures of Section

5.70.150 in order to transition to a Cannabis Regulatory Permit under this Chapter.

Failure to timely submit the Cannabis Regulatory Permit renewal application will result in expiration of all rights associated with the Development Agreement at the conclusion of the Development Agreement term. Once an applicant has applied for and been granted a Cannabis Regulatory Permit as required by this part, any entitlements previously held pursuant to a Development Agreement under Chapter 5.60 shall be deemed terminated, of no further force or effect, and superseded by the provisions of this Chapter 5.70.

5.70.170 Revocation of Permits.

Cannabis Regulatory Permits may be revoked for any violation of any state or local laws, and/or rules, and/or standards, policies, procedures, or regulations in this Chapter relating

Ordinance No. CS 1055 Page 16
to cannabis.

5.70.180 Effect of State License Suspension or Revocation.

Suspension or revocation of a state license, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City until the State of California or its respective department or division reinstates or reissues the state license, or otherwise takes appropriate action.

5.70.190 Grounds for Appeal.

Appeals relating to additional or changed terms imposed by the City upon an existing Cannabis Regulatory Permit or Conditional Use Permit, to revoke or suspend a Cannabis Regulatory Permit, or to deny renewal of an application for a permit or application to amend the terms of a permit, shall be conducted as prescribed in this Chapter. An applicant that is eligible to participate in the interview or other final decision process but is not selected during the interview or other final decision process shall not be eligible to appeal the outcome of the process.

5.70.200 Written Request for Appeal.
(A) Within ten (10) calendar days after the date of a decision to revoke or suspend a Cannabis Regulatory Permit or deny an application to renew a Cannabis Regulatory Permit, or to add or change conditions to a permit, an Applicant or Permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. (B) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council from time to time.

5.70.210 Notice of Appeal Process.
(A) Within ten (10) calendar days after service of the notice of the decision to revoke or suspend a permit, to deny a renewed application for a permit, or to add or change conditions to a permit, the applicant or permittee may appeal such action by filing a written Notice of Appeal with the City Clerk setting forth the reason why the decision was not proper. For an initial permit application appeal, the reason for appeal must be stated with specificity. Date of service shall mean the date when a notice or written decision was caused to be delivered by certified, first-class mail.

Lack of receipt of the notice by the Applicant or Permittee cannot form the basis for an appeal.
(B) The Notice of Appeal shall be in writing and signed by the person making the appeal (“Appellant”), or their legal representative, and shall contain the following:

Ordinance No. CS 1055 Page 17
(1) Name, address, and telephone number of the appellant. (2) Specify decisions, actions, or a particular part thereof, that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the hearing officer to understand the nature of the controversy, the basis of the appeal, and the relief requested. (5) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing. (6) An appeal fee as established by Resolution of the City Council. (C) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City. In this event, the City’s notice of revocation, nonrenewal, change or addition of permit terms, or suspension shall be final. (D) In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension, revocation shall not become effective until a final decision has been rendered and issued by the hearing officer. Notices of Appeal not served in a timely manner or otherwise not in accordance with the provisions of this Chapter shall not be construed as allowing such business to operate pending appeal. (E) If no appeal is timely filed in the event of a decision of nonrenewal, the Cannabis Regulatory Permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal. (F) A hearing officer, as appointed by the City Manager or his/her designee, shall hear appeals under this Chapter.

5.70.220 Appeal Hearing Process.
(A) Appellants who file a timely written Notice of Appeal will be entitled to an administrative hearing before the hearing officer.
(B) Upon receipt by the City Clerk of a timely-filed Notice of Appeal pertaining to suspensions, revocations, change or addition of permit terms, or non-renewals, the City Clerk shall schedule a hearing within forty-five days (45) days or as soon

Ordinance No. CS 1055 Page 18
as reasonably possible thereafter, or upon any other date that the City and appellant shall mutually agree upon.
(C) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“Notice of Hearing”).
(D) A request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City may continue a hearing for good cause, or on its own motion.

However, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so. (E) At the date, time, and location set forth in the Notice of Hearing, the hearing officer shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
(F) The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The Appellant shall bear the burden of proof by a preponderance of the evidence.
(3) The hearing officer may not accept and consider late evidence not submitted initially with the Notice of Appeal unless the appellant demonstrates the lateness was due to his or her mistake, inadvertence, surprise, or excusable neglect. The hearing officer shall make such determinations on a case-bycase basis. (4) The appellant may bring a language interpreter to the hearing at their sole expense.
(5) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(G) If the appellant, or their legal representative, fails to appear at the appeal hearing, the hearing officer may open the appeal hearing, allow the City to present its prima

Ordinance No. CS 1055 Page 19
facie evidence in support of the challenged decision, and ask the hearing officer to make a determination as to the appeal on the record. The hearing officer shall then send a notice of its determination to the appellant by certified, first-class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the hearing officer’s notice of decision is final and binding. (H) Final Decision. Following the conclusion of the administrative hearing, the hearing officer shall issue a written decision within a reasonable time which (i) determines if the action appealed from is affirmed or overturned and (ii) specifies the reasons for the decision.
(I) A copy of the written decision shall be served by certified, first-class mail on the appellant, unless other service method shall be agreed to between the parties.

Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.

5.70.230 Permittee-Requested Change to Cannabis Regulatory Permit.

To request a change to any term specified in a Cannabis Regulatory Permit, the Permittee shall submit an updated application form to the City Manager for approval prior to the change in location. The form and the fee for the processing of said change to a term of the Cannabis Regulatory Permit shall be established by the City Manager; in no event will such fee exceed the actual cost to the City of processing the change.

5.70.240 Transfer of Cannabis Regulatory Permit.
(A) The holder of a Cannabis Regulatory Permit shall not transfer the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager approving such transfer. To obtain an amendment to a Cannabis Regulatory Permit identifying a new holder of the permit, the transferee must file an application for transfer with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original Cannabis Regulatory Permit). The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). The transferee’s application will be treated as a new application and will be evaluated according to the Procedure Guidelines and Review Criteria adopted by the City Council, pursuant to Section 5.70.120.
(B) Cannabis Regulatory Permits issued through the grant of a transfer by the City Manager shall be valid beginning on the day the City Manager approves the transfer of the permit and extending through the last day of the then-current fiscal year. Before the transferee’s permit expires, the transferee shall apply for a

Ordinance No. CS 1055 Page 20
renewal permit and pay the appropriate fee in the manner required by this Chapter. (C) A Cannabis Regulatory Permit shall not be transferred when the City has notified the Permittee in writing that the permit has been or may be suspended or revoked. (D) Any attempt to transfer a Cannabis Regulatory Permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this ordinance. Such a purported transfer shall be deemed a ground for revocation of the permit.

5.70.250 Conditional Use Permit Required to Engage in Commercial Cannabis Activity
No person may engage in any commercial cannabis activity within the City unless the person holds a valid Conditional Use Permit issued by the City and operates in compliance with all terms and conditions of said Conditional Use Permit at all times.

5.70.260 Cannabis Regulatory Permit Required to Engage in Cannabis Business Activity
No person may engage in any commercial cannabis business activity within the City unless the person holds a valid Cannabis Regulatory Permit issued by the City and operates in compliance with all terms and conditions of said Cannabis Regulatory Permit at all times.

5.70.270 Building Permits and Inspection.

Prior to commencing operations, a Cannabis Regulatory Permittee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), Fire Department approvals, Police Department approval, Code Enforcement, Planning, and County Health Department approvals, and any other applicable zoning and land use permit(s) and approvals and paying any associated fees or charges for such permits, approvals, or inspections.

5.70.280 Right to Occupy and to Use Property.

Prior to the City ’s issuance of a Cannabis Regulatory Permit pursuant to this Chapter, any person intending to open and to operate a commercial cannabis business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location for the permitted activity.

5.70.290 Location and Design of Commercial Cannabis Businesses.

Ordinance No. CS 1055 Page 21
(A) A commercial cannabis business must meet all applicable land use and building standards, including without limitation:
(1) Conformance with the City’s general plan, any applicable specific plan, master plan, and design requirements.
(2) Compliance with all applicable zoning and related development standards pursuant to Title 15, Title 16, and Title 17 of this Code. (3) Construction of the business facilities in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(4) A lot that is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.
(5) Service by streets and/or alleys adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate. (6) Availability of adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose. (B) A commercial cannabis business shall be no closer than six hundred (600) feet from any parcel in the City designated as a Sensitive Use that is in existence at the time the permit is issued. The distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the Sensitive Use to the closest property line of the lot on which the commercial cannabis business is to be located, without regard to intervening structures.

5.70.300 Authorization from the Community Development Director.

Prior to commencing operations, a commercial cannabis business must request written authorization from the Community Development Director certifying that the business is located on a site that meets all of the requirements of Sections 5.70.250 through 5.70.300, inclusive.

5.70.310 Limitations on City’s Liability.

To the fullest extent permitted by law, the City of Atwater shall not assume any liability whatsoever with respect to having issued a Cannabis Regulatory Permit pursuant to this Chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Cannabis Regulatory Permit, the applicant shall be

Ordinance No. CS 1055 Page 22
required to meet all of the following conditions before they can receive the Cannabis Regulatory Permit:
(A) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Atwater, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City’s issuance of the Cannabis Regulatory Permit, the City ’s decision to approve the operation of the commercial cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents. (B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager. (C) Reimburse the City for all costs and expenses, including but not limited to legal fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the Applicant’s Cannabis Regulatory Permit or related to the City’s approval of a cannabis business activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.

5.70.320 Records and Recordkeeping.
(A) Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a Cannabis Regulatory Permit issued pursuant to this Chapter), or at any time upon reasonable request of the City or designee, each commercial cannabis business shall file a sworn statement detailing the number and amount of sales by the commercial cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City or its designee a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.
(B) Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the

Ordinance No. CS 1055 Page 23
commercial cannabis business, and separately from all of the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager or designee upon a reasonable request. (C) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA.

5.70.330 Fees and Charges.
(A) No person may commence or continue any cannabis business activity in the City without first timely paying in full all fees and charges required for the operation of a commercial cannabis business. Fees and charges associated with the operation of a commercial cannabis business shall be established by resolution of the City Council and may be amended from time to time.
(B) All commercial cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, permit, registration, and other fees required under federal, state, and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the commercial cannabis business’s books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.

5.70.340 Security Measures.
(A) A Cannabis Regulatory Permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the City Manager, these security measures shall include, but shall not be limited to, all of the following:
(1) Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Police Chief and/or the Community Development Director were applicable.
(2) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee

Ordinance No. CS 1055 Page 24
shall contact the Police Department.
(3) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
(4) All finished cannabis goods at non-retail commercial cannabis businesses shall be stored in secured and locked vault or vault-equivalent during nonoperating hours. All safes and vaults used to store cash and/or cannabis goods shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
(5) Installing 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions.

The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the City Manager, and that it is compatible with the City’s software and hardware. In addition, if required, remote and real-time, live access to the video footage from the cameras shall be provided to the Police Chief at the expense of the permittee. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Police Chief upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business and shall be capable of enlargement via projection or other means. Internet Protocol address information shall be provided to the Police Department by the commercial cannabis business, to facilitate remote monitoring of security cameras by the Department or its designee. Each business shall have network security protocols that are certified by Underwriters Laboratories. (6) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services. (7) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.

Ordinance No. CS 1055 Page 25
(8) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services. The licensee shall be required to obtain an alarm permit from the Police Department.
(9) Any security measures, such as bars, installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.
(10) Uniformed security personnel shall be on-site 24 hours a day to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. The City Manager may in his or her discretion establish an alternative to on-site 24-hour security personnel at the request of the permittee. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, with such approval not to be unreasonably withheld.
(11) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
(12) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the commercial cannabis business; or (b) a licensed security professional. (13) Each commercial cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.
(14) Each commercial cannabis business shall demonstrate to the Police Chief, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.
(15) Each commercial cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories.
(16) Exterior vegetation shall be planted, altered, and maintained in a fashion that precludes its use as a hiding place for persons on the premises. (17) Emergency access and emergency evacuation plans that are in compliance

Ordinance No. CS 1055 Page 26
with state and local fire safety standards.
(18) Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.
(19) Other such reasonable security measures as may be deemed appropriate by the City Manager or designee.
(B) Each commercial cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager and/or Police Chief regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of a current security plan on the premises of the business, to present to the City Manager and/or Police Chief, upon request, that meets the following requirements:
(1) Confirms that a manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
(2) Identifies all managers of the commercial cannabis business and their contact phone numbers.
(3) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager’s office.
(4) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company. (5) Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the commercial cannabis business, the parking lot, any adjacent property under the business’ control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
(C) As part of the application and licensing process each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.
(D) The commercial cannabis business shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.

Ordinance No. CS 1055 Page 27
(E) A commercial cannabis business shall notify the City Manager within twenty-four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager. (2) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
(a) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis business.
(b) Any other breach of security.
(F) Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.

5.70.350 General Operating Requirements.
(A) Commercial cannabis businesses may operate only during the hours specified in the Cannabis Regulatory Permit issued by the City.
(B) Restriction on Sales and Consumption. Cannabis shall not be consumed by any person on the premises of any commercial cannabis business, except as provided in Section 5.70.470 of this Chapter. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the commercial cannabis business.
(C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Regulatory Permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
(D) Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the

Ordinance No. CS 1055 Page 28
system must have the capability to produce historical transactional data for review.

Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee.
(E) All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the State and local regulations. (F) Emergency Contact. Each commercial cannabis business shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
(G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of Chapter 17.69, Sign Regulations, of the Atwater Municipal Code, including, but not limited to, seeking the issuance of a City sign permit.
(2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window. (3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
(4) No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.
(5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.
(H) Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age.

Ordinance No. CS 1055 Page 29
(2) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business.
(3) Notwithstanding Section 5.70.360(H)(1), persons aged 18 to 20 years shall be allowed on the premises of a commercial cannabis business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician’s recommendation. (I) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the Community Development Director or his/her designee(s) determines is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
(J) Display of Regulatory Permit and City Business License. The original copy of the Cannabis Regulatory Permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public.
(K) Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. The commercial cannabis business shall notify the Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the individual has failed to leave in a timely manner.

Ordinance No. CS 1055 Page 30
(L) Each cannabis operator shall establish minimum training standards for all employees. The City Manager shall have the discretion to require other training for the business operations should the City identify deficiencies or non-compliance issues with City or state requirements.

5.70.360 Amendments to General Operating Requirements.

The City Manager may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety, and welfare.

5.70.370 Additional Operating Requirements for Store Front/Retail Facilities. (A) No more than the number of cannabis retailers adopted by Council resolution may operate within the City at any one time and shall be issued a permit by the City. (B) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years. If the potential customer is 18 to 20 years old, retailer shall confirm the customer’s possession of a valid doctor's recommendation and/or an identification card under Health and Safety Code Section 11362.71 (Medical Marijuana Card), as may be amended or renumbered from time to time. For adult-use purchases, retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
(C) Individuals must show their government-issued identification, and, in the case of medical cannabis facilities, their physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71, in order to gain access into a storefront retailer. The government-issued identification and, if applicable, doctor’s recommendation or cannabis card must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations are not to be obtained or provided at the retail location.
(D) Uniformed licensed security personnel shall be employed at all storefront retail sites to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities, in accordance with Section 5.70.350(a)(10).

Security personnel may be allowed to carry firearms if authorized by the Police Chief. All security personnel hired or contracted for by the permittee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code. (E) Storefront retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which

Ordinance No. CS 1055 Page 31
customers, vendors, and visitors shall not have access. (F) All restroom facilities shall remain locked and under the control of management. (G) Retailers authorized to conduct retail activities shall only serve customers who are within the permitted premises, or at a delivery address that meets the requirements of this subdivision.
(1) The sale and delivery of cannabis goods shall not occur through a passthrough window or a slide-out tray to the exterior of the premises. (2) Retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle. (3) No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
(4) All cannabis goods sold by a retail business shall be contained in childresistant packaging. (5) Retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity. (I) Limited Access Areas. A storefront retailer shall establish limited-access areas, as defined by this Chapter, which permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager, Police Chief, or their designees upon request. (J) Operating hours of a store front or non-store front retailer’s business shall be limited to the hours and days specified in the Cannabis Regulatory Permit issued by the City.

5.70.380 Additional Operating Requirements for Distributors.

Distributors shall be required to conduct all permitted operations in a manner pursuant to Business and Professions Code Section 26080, as may be amended or renumbered from

Ordinance No. CS 1055 Page 32
time to time and shall be subject to state and local law. Distributors may be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.

5.70.390 Additional Operating Requirements for Testing Labs. (A) Testing Labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 et seq., as may be amended or renumbered from time to time and shall be subject to state and local law. Each Testing Lab may be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.
(B) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.
(C) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Department of Cannabis Control.

5.70.400 Additional Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale of Edible and Other Cannabis Products.
(A) Cannabis manufacturing shall only be permitted pursuant to Business and Professions Code Section 26130 et seq., as may be amended, or renumbered from time to time and shall be subject to state and local law. Each manufacturing site may be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.

5.70.410 Additional Operating Requirements for Cultivators. (A) Cannabis cultivation shall only be permitted pursuant to Business and Professions Code Section 26060 et seq., as may be amended, or renumbered from time to time and shall be subject to state and local law. Each cultivation site may be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.
(B) Outdoor Cultivation Prohibited. The cultivation of all cannabis must occur indoors.

All outdoor cultivation, including outdoor greenhouse cultivation, is prohibited. (C) Cannabis plants shall not be visible from a public or private road, sidewalk, park, or any common public viewing area.

Ordinance No. CS 1055 Page 33
(D) Cultivator shall only be allowed to cultivate the square feet of canopy space permitted by state law. Research and development area shall be limited to ten percent (10%) of the total permitted canopy square footage. (E) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.
(F) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(G) All applicants for a cultivation permit shall submit the following information, in addition to the information generally otherwise required for a Cannabis Regulatory Permit:
(1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for allseason harvesting (indoor, mixed-light). (2) A description of a legal water source, irrigation plan, and projected water use. (3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.
(4) Plan for addressing public nuisances that may derive from the cultivation site.

5.70.420 Delivery Requirements for Store Front Retail, Non-Store Front Retail, and Microbusinesses.
(A) Non-Store Front Retailer Permit Owners and Operators are required to verify the age and the necessary documentation of each customer. They must ensure that medical customers are at least eighteen (18) years of age and verify that the customer has a valid doctor’s recommendation. Doctor recommendations are not to be obtained or provided at the retail location. In the case of adult-use customers,

Ordinance No. CS 1055 Page 34
they must verify that the customer is at least twenty-one (21) years of age. Sales shall only be made to persons matching this criteria.
(B) Operating hours of the Non-Store Front Retailer Permit shall be limited to the hours and days specified in the Cannabis Regulatory Permit issued by the City. (C) Prior to commencing delivery operations, a cannabis Store Front Retailer, cannabis Non-Store Front Retailer and Microbusiness shall provide the following information to the City:
(1) Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
(2) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
(3) Proof of insurance for any and all vehicles being used to deliver cannabis goods.
(D) The permittee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.

5.70.430 Operating Requirements for Out-of-City Delivery Services.

Prior to commencing operations, a retail business operating a delivery service that is based outside of the City of Atwater shall provide the City Manager with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function.

5.70.440 Permissible Delivery Locations and Customers.

Cannabis delivery businesses permitted to engage in delivery of cannabis and cannabis products inside the City of Atwater are subject to the following requirements:
(A) A permitted commercial cannabis business shall comply with all requirements of state and local law pertaining to the Cannabis Regulatory Permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to time in order to enforce this Chapter. (B) Any kiosk, iPad, tablet, smartphone, fixed location, or technology platform, whether manned or unmanned, other than a storefront retail location permitted by the City, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.

Ordinance No. CS 1055 Page 35

5.70.450 Promulgation of Additional Regulations, Standards, and Other Legal Duties.
(A) In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of Cannabis Regulatory Permit, the ongoing operation of commercial cannabis businesses and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.
(B) Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.

5.70.460 Community Relations Contact Person.
(A) Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within one hundred (100) feet of the commercial cannabis business.
(B) During the first year of operation pursuant to this Chapter, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this Chapter shall, upon request, attend meetings with the City Manager, and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter. After the first year of operation, the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the City Manager when and as requested by the City Manager.

5.70.470 On-Site Consumption and Temporary Cannabis Event Permits (A) Except as expressly permitted in this section, no commercial cannabis business may authorize the consumption or use of any cannabis, tobacco, or alcohol products within the commercial cannabis business’s footprint, inclusive of all indoor and outdoor facilities.
(B) A commercial cannabis business may apply to the City Manager for a temporary cannabis event permit, authorizing limited consumption at the commercial cannabis business facility, by submitting a request in writing that certifies each of the following:

Ordinance No. CS 1055 Page 36
(1) The consumption will not occur within 1,000 feet of any sensitive use, as that term is defined by this Chapter.
(2) The consumption will not occur during the hours of 12:00 a.m. to 8:00 a.m. (3) The consumption will occur within an area of the property that is set back a minimum of 50 feet from the lot lines.
(4) No alcohol or tobacco products will be sold or consumed as part of the event. (5) Access to any area where sale or consumption of cannabis is occurring as part of the event is limited to persons 21 years of age or older. (C)An application for a temporary cannabis event permit under this Section must be submitted at least 45 days prior to the proposed event to be accepted for processing.
(D)The City Manager reserves the discretion to deny or approve all permit requests, subject to consultation with the Police Department and any other City departments.

The City Manager will notify the applicant of the approval or denial of the permit within 30 days of receipt of the application.
(E) The City Manager may place conditions upon the issuance of a temporary cannabis event permit. Failure to remain in compliance with any such condition will result in the immediate termination of the event by the City and any other actions that the City may be legally entitled to take against the violating business.

5.70.480 Fees Deemed Debt to the City.

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable via an authorized administrative process as set forth in the City ordinance or in any court of competent jurisdiction.

5.70.490 Permit Holder Responsible for Violations.

The person to whom a permit is issued pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence.

5.70.500 Inspection and Enforcement.
(A) The City Manager, or designee, charged with enforcing the provisions of the City

Ordinance No. CS 1055 Page 37
of Atwater Municipal Code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
(B) It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law.
(C) The City Manager, or designee charged with enforcing the provisions of this Chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City of Atwater shall be logged, recorded, and maintained in accordance with established procedures by the City of Atwater’s City Manager or these regulations.

5.70.510 Violations.

In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1.01.110 of this Code. Each and every violation of the provisions of this Chapter constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance. Further, any person who violates any provision of this Chapter is liable for administrative penalties of not less than $250 or more than $25,000 for each day the violation continues. The severity of the penalty imposed shall depend on the severity of the violation at the City’s discretion. Any person found in violation of this code and assessed an administrative penalty accordingly may appeal the amount of such penalty to the City Council by following the procedures set forth in Chapter 1.12 of this Code. The City reserves the right to pursue any available legal remedy to address violations of this Chapter.

SECTION 2. CEQA. The proposed amendment to the Atwater Municipal Code is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Cannabis businesses will be required to meet all local, state, and federal health and safety regulations to ensure that that there are no significant environmental impacts to the

Ordinance No. CS 1055 Page 38
cannabis use sites and surrounding properties. The businesses authorized under this ordinance are similar to already existing permitted general uses in the affected areas, such as retail, with the only difference being the product sold or consumed (i.e. cannabis).

No update to the zoning code is proposed at this time, meaning this ordinance will not create negative environmental impacts or result in physical changes to the environment.

There are no outdoor commercial cultivation activities permitted under this ordinance. Any future updates to zoning or permitted land uses in Atwater connected to this cannabis ordinance will require separate, additional CEQA analysis.

SECTION 3. CEQA. The City Council hereby determines that this Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code §21000 et seq.) pursuant to State CEQA Guidelines Section 15061(b)(3) and Business and Professions Code Section 26055(h), each as separate and independent bases. Pursuant to State CEQA Guidelines, Section 15061(b)(3), it can be seen with certainty that the Ordinance will not have a significant effect on the environment because it would require a regulatory permit and impose operating criteria on cannabis retailers. Additionally, Business & Professions Code Section 26055(h) provides that CEQA does not apply to the adoption of an ordinance by a local jurisdiction that requires discretionary review and approval of permits to engage in commercial cannabis activity that includes applicable environmental review.

SECTION 4. Severance. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 5. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 6. Effective Date. This ordinance shall become effective thirty days from the date of adoption.

INTRODUCED: December 12, 2022
ADOPTED:

AYES:

NOES:

ABSENT:

Ordinance No. CS 1055 Page 39
APPROVED:
________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORY J. BILLINGS, CITY CLERK

83744.00001\35008581.1
ORDINANCE NO. 1052

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATWATER REPEALING AND REPLACING CHAPTER 17.28

OF THE ATWATER MUNICIPAL CODE REGARDING

ACCESSORY AND JUNIOR ACCESSORY DWELLING

UNITS, AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CEQA
WHEREAS, the City of Atwater, California (“City”) is a municipal corporation, duly organized under the constitution and the laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in September of 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”); and WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety; and

CITY COUNCIL
OF THE

CITY OF ATWATER

83744.00001\35008581.1
WHEREAS, the City Council has reviewed and considered the public testimony and agenda reports prepared in connection with this ordinance, including the policy considerations discussed therein, and the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, in accordance with the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), the City has determined that the revisions to the [City] Municipal Code are exempt from environmental review; and WHEREAS, the City desires to update the Atwater Municipal Code (“AMC”) for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, in light of the foregoing, this Ordinance amends the AMC by: (1) repealing the City’s existing second unit regulations set forth in Chapter 17.28 (Second Units in a Single-Family and Agricultural Zones) and (2) replacing it with a new Chapter

17.28 entitled “Accessory Dwelling Units;” and
WHEREAS, on September 7, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on September 21, 2022, the Planning Commission held a duly- noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 12, 2022, the City Council held a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Atwater does hereby ordain as follows:

SECTION 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

83744.00001\35008581.1
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

SECTION 3. General Plan. This Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

SECTION 4. Repeal. Chapter 17.28 (Second Units in a Single-Family and Agricultural Zones) of the Atwater Municipal Code is hereby repealed in its entirety and is of no further force or effect.

SECTION 5. Replace. Chapter 17.28 (Accessory Dwelling Units) is hereby added to the Atwater Municipal Code and shall read in its entirety as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 6. Publication; Effective Date. Within 15 days from and after adoption, this Ordinance, or a summary thereof, shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced 30 days after its adoption.

SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance be enforced.

SECTION 8. Record of Proceedings. The custodian of records for this Ordinance is City Clerk and the records compromising the administrative record for this Ordinance are located at Atwater City Hall, 750 Bellevue Road, Atwater, CA 95301.

SECTION 9. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

PASSED AND ADOPTED by the City Council of the City of Atwater on the 12th day of December 2022, by the following vote:

83744.00001\35008581.1
INTRODUCED: December 12, 2022
ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:

MIKE NELSON, MAYOR
ATTEST:

KORY J. BILLINGS, CITY CLERK

83744.00001\35008581.1
EXHIBIT “A"
Chapter 17.28 – Accessory Dwelling Units
Section 17.28.010 - Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

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

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

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

4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

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 dwelling is or will be situated.

83744.00001\35008581.1

4. “Director” means the Community Development Director for the City of Atwater.

5. “Efficiency kitchen” means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that total at least 15 square feet in area.
c. Food storage cabinets that total at least 30 square feet of shelf space.

6. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in 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 singlefamily structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then 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 entrance to the primary dwelling. e. includes an efficiency kitchen, as defined in subsection C.4 above.

7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

83744.00001\35008581.1

12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

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

1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E. (General ADU and JADU Requirements) below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the singlefamily dwelling; and (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection E.2. below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this

83744.00001\35008581.1
subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in subsection E.2. below.

2. ADU Permit.
a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E. (General ADU and JADU Requirements) and F. (Specific ADU Requirements) below. b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU permit processing fee is set by resolution of the City Council.

3. Process and Timing.
a. A permit application to create an ADU or JADU is considered and approved ministerially, without discretionary review or a hearing. b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (ii) When an application to create an ADU or JADU is submitted with a 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 ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

83744.00001\35008581.1
c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b., above. d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 or D.2 above:

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

2. Height.
a. Except as otherwise provided by subsections E.2.b. and E.2.c., below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a 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 a 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 (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
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 height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection E.2.d. may not exceed two stories.

83744.00001\35008581.1
e. For purposes of this subsection E.2., height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be 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 JADU 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 of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewatertreatment 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.

7. Owner Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owneroccupancy 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 E.7.c. does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

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 Community Development Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by

83744.00001\35008581.1
the City and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

83744.00001\35008581.1

10. Building & Safety.
a. Must comply with building code. Subject to subsection E.10.b., below, 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 R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer 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 in this subsection E.10.b. prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

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

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

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

3. Setbacks.
a. An ADU that is subject to this subsection F. must conform to a 25- foot front-yard setback, or 65 feet if the ADU abuts any of the major streets specified in Section 17.12.110 of this Code, subject to subsection F.1.c. above.
b. An ADU that is subject to this subsection F. must conform to 4-foot side- and rear-yard setbacks.

83744.00001\35008581.1
c. No setback is required for an ADU that is subject to this subsection F. if the ADU is constructed in the same location and to the same dimensions as an existing structure.

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

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

6. Passageway. No passageway, as defined by subsection C.9 above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU.

The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.12 above.
b. Exceptions. No parking under subsection F.7.a is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.11 above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.7.b.(i) through Error! Reference source not found..
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

83744.00001\35008581.1

8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
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 roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way. e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. c. All landscaping must be drought-tolerant.
d. All landscaping must be from the city’s approved plant list.

10. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

83744.00001\35008581.1
G. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 or D.2 above.

1. Impact Fees.
a. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection G.1, “impact fee” means a “fee” under the 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 charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection G.2.a, converted ADUs and JADUs on a single-family lot that are created under subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection G.2.a, all ADUs and JADUs that are not covered by subsection G.2.b require a new, separate utility connection directly between the ADU or JADU and the utility. (i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of 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

83744.00001\35008581.1
structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance (Chapter 17.28).
b. Exceptions:
(i) Notwithstanding subsection Error! Reference source not found., the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1,
2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(ii) Subsection Error! Reference source not found. does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A. through G. of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 9, 2023
TO: Mayor and City Council
FROM:

PREPARED BY:

SUBJECT: Adopting resolution amending Fiscal Year 2022-23 Miscellaneous Fee Schedule (Finance Director Youmara)

RECOMMENDED COUNCIL ACTION
Open the Public Hearing and receive any testimony given regarding the proposed amendments to the Fiscal Year 2022-2023 Miscellaneous Fee Schedule; Close the Public Hearing;
Motion to adopt Resolution No. 3347-22 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2022-2023; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

On the regularly scheduled October 10, 2022 City Council meeting, City Council waived the second reading and adopted Ordinance No. CS 1042 repealing and replacing Chapter 5.04 “General Provisions” and amending portions of Chapter 5.08, “Schedule of License Fees” of Title 5 of the Atwater Municipal Code.

To provide the City with additional mechanisms to enforce the City’s Municipal Code, the newly adopted business license ordinance has amended various provisions of the Atwater Municipal Code to make the City’s business license program one that is targeted at regulation as well as revenue generation. The Ordinance includes business license regulatory provisions, including a business license revocation procedure that affords the licensee with comprehensive due process including notice and the right to be heard prior to any business license revocation.

The Ordinance also removes all fees that were established in the previous ordinance to be established by Resolution by the City Council. The City of Atwater houses all fees used to recuperate costs on the Miscellaneous Fee Schedule that is adopted by Council every year and amended from time to time.

Each fiscal year, during the month of June, the Miscellaneous Fee Schedule is adjusted

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

according to the U.S. Bureau of Labor Statistics, Consumer Price Index, and brought before the City Council for adoption for the following Fiscal Year. The Citywide Miscellaneous Fee Schedule helps offset the costs of providing services. The Fiscal Year 2022-2023 Citywide Miscellaneous Fee Schedule was adopted on June 27th, 2022 by Resolution No. 3321-22. Changing the purpose of the City of Atwater’s business license ordinance from solely generating revenue to also regulating businesses and updating the process of establishing fees has required an amendment to the fees and an addition of one fee due to adding an appeals process.

The Miscellaneous Fee Schedule includes the addition of the following fees:
• Nonrefundable License Application Fee, $40: This is a new fee that is only charged at the time of initial application to cover staff time for the processing the application.
• Appeal Fee, Actual Cost: This is a new fee associated with an appeal of a denial of a business license (or renewal). As staff time will vary by business, this fee has been set at actual cost.
• Amendment to Business License Fee, $30: This Fee remained the same amount as the previous ordinance and has been moved to the Miscellaneous Fee Schedule.
• Duplicate License Fee, $5: This Fee remained the same amount as the previous ordinance and has been moved to the Miscellaneous Fee Schedule.

At the July 11, 2022 Council meeting, City Council gave direction to staff to move forward with working with legal counsel to take the necessary actions in updating the Cannabis Ordinance to be able to:
• Migrate the pilot program into the permanent cannabis business program and sundown the existing development agreements in favor of a similar sales tax structure provided by HdL Companies’, Fiscal Revenue Analysis of the Commercial Cannabis Industry.
• Set tax rates to be competitive with statewide averages and with our surrounding service area.
• Adjust cannabis ordinance as necessary to ensure that both the initial and annual permit fees for cannabis businesses are competitive with other jurisdictions in addition to recouping costs for maintaining the highly regulated Program.

The newly added Chapter 5.70, Cannabis Regulatory Program officially migrates the pilot program into a permanent cannabis business program. The ordinance requires all fees to be established by Resolution by the City Council.

The Miscellaneous Fee Schedule includes the addition of the following fees to recoup costs incurred by the City for processing applications, renewals, appeals, amendments and annual monitoring and compliance requirements. These fees will become effective

Agenda Report - Page 3

once the ordinance is approved.
• Cannabis Application Fee, $2,000
• Cannabis Application Renewal Fee, $276
• Appeal Fee, Actual Cost:
• Cannabis Regulatory Permit - Annual, $10,450
• Amendment to Regulatory Permit/Transfer Fee, $2,000
• Background Check Fee, $131
II. FISCAL
IMPACTS:

Adoption of the proposed miscellaneous fee amendments and additions provides a legally defensible cost recovery program to ensure that the City receives appropriate fees for services provided and supports the City Council's goal of adopting sound financial practices. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City's 2020-2025 Strategic Plan:
to ensure the city's continued financial stability.

V. ALTERNATIVES:

Council could choose not to adopt the resolution amending the Fiscal Year 2022-2023 Miscellaneous Fee Schedule.

VI. INTERDEPARTMENTAL COORDINATION:

All departments coordinated efforts to appropriately amend the Fiscal Year 2022-2023 Miscellaneous Fee Schedule.

VII. PUBLIC PARTICIPATION:

A Public Hearing Notice for this item was published in the Merced Sun-star on December 28, 2022. Additionally, the public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL
REVIEW:

This item is not a "project" under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

Agenda Report - Page 4

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution 3347-22, amending the Miscellaneous Fee Schedule, the City Clerk will circulate the new Fee Schedule to all Departments to begin charging the amended fees upon the effective date.

Submitted by:

Delilah Youmara, Finance Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Reso No 3347-22 Amend Misc Fee Schedule FY 22-23-c1

2. Amended Misc Fee Schedule FY 22-23 01-09-23

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3347-22

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING THE FISCAL
YEAR 2022-2023 MISCELLANEOUS FEE

SCHEDULE
WHEREAS, the City of Atwater has established a Citywide fee structure “Miscellaneous Fee Schedule” to offset the costs of services; and
WHEREAS, the City of Atwater’s Miscellaneous Fee Schedule is adopted by resolution; and
WHEREAS, the City Council adopted Resolution No. 3321-22 setting the most recent Miscellaneous Fee Schedule on June 27, 2022; and
WHEREAS, the Miscellaneous Fee Schedule has been amended from time to time by resolution to amend said fees and changes for described services; and WHEREAS, the a public hearing has been noticed for December 28, 2022 to consider certain amendments and setting the Miscellaneous Fee Schedule.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atwater as follows:

A. All previous resolutions that set and/or amended the Miscellaneous Fee Schedule are hereby repealed and superseded by Resolution No. 3347-22.

B. The Miscellaneous Fee Schedule, attached hereto as EXHIBIT “A” and made a part of herein, is hereby approved.

C. The purpose of the fees set forth in the City’s Miscellaneous Fee Schedule EXHIBIT “A” of this resolution is to recover up to the full, lawfully recoverable costs incurred by the City.

D. Effective Date. All new and/or increased fees shall be effective upon adoption of this resolution with the exception of fees established in accordance with Government Code Section 66017. Development related new and/or increased fees shall be effective sixty (60) days following the effective date of this resolution.

Resolution No. 3347-22 Miscellaneous Fee Schedule Page 2 Notwithstanding the foregoing, the following fees shall be effective only upon the effective date of Ordinance No. CS 1055, Chapter 5.70, Cannabis Regulatory Program, of Title 5, Business Taxes, License and Regulations. • Cannabis Application Fee, $2,000
• Cannabis Application Renewal Fee, $276
• Appeal Fee, Actual Cost:
• Cannabis Regulatory Permit - Annual, $10,450
• Amendment to Regulatory Permit/Transfer Fee, $2,000
• Background Check Fee, $131
E. Repealer. These fees shall supersede the corresponding fees previously established by the City. All previously adopted and confliction fees, and all resolutions and other actions of the City Council are hereby repealed to the extent they conflict with the contents of this resolution.

F. Severability. The individual fees and charges set forth in EXHIBIT “A” of this resolution and portions of this resolution are severable. Should any of the fees or charges or any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges and/or resolution portions shall be and continue in full force and effect, except as to those fee, charges, and/or resolution portions that have been adjudged invalid. The City Council of the City of Atwater hereby declared that is would have adopted each of the fee and charges set forth in EXHIBIT “A” of this resolution, and this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses, sentences, phrases or other portions of this resolution may be held invalid or unconstitutional.

The foregoing resolution is hereby adopted this 9th day of January 2023.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________
KORY J. BILLINGS, CITY CLERK

Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
Cost Recovery, Legal Services Actual Cost
Cost Recovery, Liability Claim Processing Actual Cost
Notary Services (as set by GC 8211) No COLA associated $15 per signature Mailed Copies of City Council Agenda (per fiscal year) $40 Mailed Copies of City Council Minutes (per fiscal year) $38 Mailed Copies of City Council and Planning Agendas and Minutes (per fiscal year) $136
Copy of City Council Video DVD $11
Final Budget (summary) $13
Final Budget $49
Copy of Municipal Code to CD $11
Preliminary Budget $34
Annual Financial Statement $30
Five Year Capital Improvement Budget $20
Voucher $35
Business License Listing $26
Mailing Labels for Business License $35
Abatement Lien $45
Photocopies (first page) $4
Photocopies (per copy of B/W) $0.11
Photocopies (per copy of color) $0.20
Returned Checks $43
Electronic Payment Processing Fees Up to 5% of the total amount Donation Bin Permit/Renewal Processing Fee $50 annually Donation Bin Permit Sticker (replacement) $12
Research Actual Cost
COMMUNITY DEVELOPMENT:

BUILDING DIVISION:

Building Inspection Fee (minimum 1 hour) $130 per hour
Monthly Building Activity Reports (per fiscal year) $32 Building Permit Plan Reproduction (smaller than 11x17) $81 Building Permit Plan Reproduction (larger than 11x17) $161 1 of 15

PLANNING DIVISION:

Building Permit Application Plan Review (15 mins.) $51
Building Permit Application Plan Review (16 to 30 mins.) $103 Building Permit Application Plan Review (over 30 mins.) $205 General Plan (Copy or Disk) $62
General Plan EIR (Copy or Disk) $67
Specific Plan Application Deposit $10,157, Actual Cost + 20% Specific Plan Preparation Actual cost + 20%
Housing Element (Copy or Disk) $42
General Plan or Zoning Map Reproduction $15
Street Tree Master Plan $34
Annexation Application $3,063 plus $115 per acre
Appeal of Staff Decision to Community Development & Resources Commission
$223
Appeal of Community Development & Resources Commission Decision to City Council $223
Environmental Assessment (Review of private prepared document) Actual Cost + 20% Environmental Assessment Preparation for Private Development Project Actual Cost + 20% Environmental Impact Report Preparation Actual Cost + 20% General Plan Amendment Preparation Deposit $2,031, Actual cost + 20% Home Occupation Permit $207
Lot Line Adjustment Deposit $676 + actual cost
Lot Merger Deposit $676 + actual cost
Monthly Building Activity Reports (per fiscal year) $31 Pre-zoning Deposit $2,041 + actual cost
Reversion to Acreage Deposit $676 + actual cost
Sign Review $175
Site & Architectural Plan Review Deposit $1,029 + actual cost Tentative Subdivision Map
Deposit $3,046 + $61 per lot, Actual Cost +
20%
Tentative Parcel Map
Deposit $1,876 + $61 per lot, Actual Cost +
20%
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
2 of 15

Condominium Conversion Actual Cost + 20%
Regular Conditional Use Permit Actual Cost. $2,000 Minimum Deposit Conditional Use Permit Monitoring $147 Annually
Commercial Conditional Use Permit General Plan Update Fee $228 Variance Deposit $993, Actual Cost + 20%
Zone Change Deposit $1847, Actual Cost + 20%
Zoning Ordinance Text Amendment Deposit $1847, Actual Cost + 20% Time Extension Request Application Original Application Fee Planned Development Zone:

Master Plan Application Deposit $2242, Actual Cost + 20% Final Development Plan Application Deposit $2242, Actual Cost + 20% Planned Development Amendment: Deposit $1130, Actual Cost + 20% Development Agreement Preparation Actual Cost + 20%
BUSINESS LICENSE:

Nonrefundable License Application Fee $40
Appeal Fee Actual Cost
Amendment to Business License Fee $30
Duplicate License Fee $5
CANNABIS REGULATORY PERMIT:

Cannabis Application Fee $2,000
Cannabis Application Renewal Fee $276
Appeal Fee Actual Cost
Cannabis Regulatory Permit, Annual $10,450
Amendment to Regulatory Permit $2,000
ENGINEERING DIVISION:

Cost Recovery, Legal Services Actual Cost + 20%
Improvement Standards and Specifications Book $35
Map or Document Research (minimum 1 hour) Actual Cost + 20% Improvement Plans Review, City Staff 3% of value
Improvement Plans Review, Consultant Deposit 3% of value, Actual Cost + 20% Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
3 of 15

Storm Water Quality Control Plan Review $738
Swimming Pool Permit $35
Encroachment Permit 3% of value ( $259 minimum)
Encroachment Permit for Public Utilities (AT&T, PG&E, MID, Comcast, etc.) $286 Inspections for Public Utilities Company Permits, City Staff $134 per hour Inspections for Public Utilities Company Permits, Consultant Actual Cost + 20% Well Construction (except drinking water) $286
Well Abandonment $286
Encroachment Permit for Driveway Approach Replacement $286 Encroachment Permit for Sidewalk Replacement $286
Encroachment Permit for Utilities Installation (Street Cuts) $385 *Trench Deposit, Single Utility (held for 12 months) Deposit $2,485 + Actual Cost *Trench Deposit, Multi Utilities (12 months from excavation of last trench) Deposit $6,540 + Actual Cost *Trench deposits are not required for projects covered under a warranty bond On-Site Inspections 3% of value
Off-Site Inspections 3% of value
False Alarms (within a 12 month period at a single site) False alarms are not subject to CPI Adjustment PUBLIC WORKS:

Administrative Fee 20% for all billable charges
Street Sweeper and Clean-Up Fee (minimum 2 hours) Actual Cost Barricade Rental $6 each-first day, $1 each-each day after Emergency Labor, Equipment and Materials Actual Cost
Hydrant Use or Construction Water (meter cost plus actual cost) Deposit $547 plus installation $46 plus $5
per thousand gallons of usage
Delinquent Back Flow Testing
$103 plus actual cost for repair parts if
needed
Water Problem (call out) Evaluation (minimum 2 hours) Actual Cost Red Tags (second and subsequent notices) Actual Cost
Commercial Recycling Actual Cost plus 11%
POLICE:

Background Check Fee $131
Copies .10 cents (per page)
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
4 of 15

Photos $15 per CD; $1 per page if printed
Unconsensual Franchise Tow Fee (Per Vehicle) $57
Second Hand Dealer/Pawn Broker License (initial)
False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $62
False Alarms (sixth and subsequent**) $124
False Alarms (maximum fee per day) $310
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident
Domestic Fowl/Animal Permit $28
Cats/Dogs Redeemed (first occurrence) $64
Cats/Dogs Redeemed (second occurrence) $128
Animals to Pound, Requested by Owner $114
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
5 of 15

Clearance Letter $28
Dance Permit $34
Fingerprint Card $57
Bicycle License $6
Amplified Sound Permit $46
Second Hand Dealer/Pawn Broker License (renewal) $34
Alcohol Consumption Permit (City property, per event) $46 Solicitor Permit (non-profit) $23
Solicitor Permit (profit) $45
Handgun Dealer Permit (initial) $45
Handgun Dealer Permit (renewal) $28
Neighborhood Watch Program
Police Reports, Crime/Accident (first 4 pages) $23
Jail Booking County Cost plus 20%
Citation Sign-Off (for non-Atwater resident) $17
Stored Vehicle Release $259
Repossession Filing Fee (mandated by State Gov. Code 41612) $18 Concealed Weapon Permit (initial) $203
Concealed Weapon Permit (renewal) $156
Emergency Response (Gov. Code 53150-53158) Actual Cost plus 15% 1 - 5,000 sq. ft. $46
Taxi Cab Permit (initial) $46
Taxi Cab Permit (renewal) $28
Tow Cab Franchise Fee $56
Abandoned Cart Fee $50 per cart, per pick-up
Code Enforcement Reinspection Fee $50
FIRE:
1,251 GPM (16 hour maximum) 1251-1500 $94/hour
1,501 GPM (16 hour maximum) 1501-2000 $96.50/hour
Pick-Up (16 hour maximum) $61/hour
Works Comp. Actual Cost
Administration (OES) Actual Cost
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
6 of 15

Annual Inspections and New Business Inspections
Low Hazard Inspection (businesses, industries, merchandise) Per Hour:

Occupancy types: A (<50 People), B, C, F-2, M, S-2, U
First Re-Inspection $115
First Re-Inspection $130
Second Re-Inspection $145
5,001 - 10,000 sq. ft. (first inspection) $125
First Re-Inspection $140
Second Re-Inspection $155
10,001 - 20,000 sq. ft. (first inspection) $135
First Re-Inspection $150
Second Re-Inspection $165
20,001 - 40,000 sq. ft. (first inspection) $165
First Re-Inspection $180
Second Re-Inspection $195
40,001 - 80,000 sq. ft. (first inspection) $175
First Re-Inspection $190
Second Re-Inspection $205
80,001 - 120,000 sq. ft. (first inspection) $185
5,001 - 10,000 sq. ft. (first inspection) $200
Second Re-Inspection $215
120,001 - 150,000 sq. ft. (first inspection) $245
First Re-Inspection $260
Second Re-Inspection $275
150,001 - 200,000 sq. ft. (first inspection) $305
First Re-Inspection $320
Second Re-Inspection $335
200,001+ sq. ft. (first inspection) $365
First Re-Inspection $380
Second Re-Inspection $395
Moderate-High Hazard Inspection (50+ gather, education facility, high fire area, hospitals, residential, storage) Per Hour:

Occupancy types: A (>50 People), E, F-1, H-1-5, I-1-3, I-4, L, R-1-4, S-1 1 - 5,000 sq. ft. (first inspection) $115
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
7 of 15

First Re-Inspection $130
Second Re-Inspection $140
First Re-Inspection $125
First Re-Inspection $140
Second Re-Inspection $155
10,001 - 20,000 sq. ft. (first inspection) $135
First Re-Inspection $150
Second Re-Inspection $165
20,001 - 40,000 sq. ft. (first inspection) $185
First Re-Inspection $200
Second Re-Inspection $215
40,001 - 80,000 sq. ft. (first inspection) $195
First Re-Inspection $210
Second Re-Inspection $225
80,001 - 120,000 sq. ft. (first inspection) $205
First Re-Inspection $220
Second Re-Inspection $235
120,001 - 150,000 sq. ft. (first inspection) $285
Fireworks and Pyrotechnics $300
Second Re-Inspection $315
150,001 - 200,000 sq. ft. (first inspection) $365
First Re-Inspection $380
Second Re-Inspection $395
200,001+ sq. ft. (first inspection) $445
First Re-Inspection $460
Second Re-Inspection $475
Other Inspections/Rates:

Inspections:

Christmas Tree Lots or Sale Areas at Car Sales $60
Board and Care Facilities (full time patient care, State mandated inspection, 7 - 50 occupants) $128
Board and Care Facilities (full time patient care, State mandated inspection, over 50 occupants) $207
Daycare Facilities (more than 6 children, State mandated inspection) $128 Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
8 of 15

Fire Safety Application Review $207
Fire Safety Plan Review $207
Aircraft Refueling Vehicle (initial) $300
Occupancy Permits $67
Penalty Charges (unauthorized occupancy) $140
Tents and Air-Supported Structures (per 200 sq. ft., except for camping) $113 Rates: $0
Hydrant Flow Data-Per Hydrant $264
Weed Abatement Contractors Cost plus 20%
Consultation $113
Fire Cause Investigation $113
Stand-by or Fire Watch $137
Operational Permits:

Tanks: Hazardous Material Storage, Installation/Removal $137 Aerosol Products Permit (retail storage, under exempt amounts per sq. ft.) $123 Aerosol Products Permit (warehouse and storage) $247
Aircraft Repair Hanger $123
Commercial Rubbish Handling Operation (initial) $185
Aircraft Refueling Vehicle (renewal) $123
Asbestos Removal Permit $185
Automobile Wrecking Yard $185
Battery System $247
Bowling Pin or Alley Refinishing (initial) $247
Bowling Pin or Alley Refinishing (renewal) $195
Candles/Open Flame in Assembly Area (single use permit) $43 Candles/Open Flame in Assembly Area (on-going facility permit) $195 Carnivals and Fairs $139
Cellulose Nitrate Film $251
Cellulose Nitrate Storage $251
Combustible Fiber Storage $307
Combustible Material Storage $139
Compressed Gas, Store/Handle/Use (initial) $251
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
9 of 15

Compressed Gas, Store/Handle/Use (renewal) $139
Containers/Tanks (initial) $195
Commercial Rubbish Handling Operation (renewal) $139
Cryogen Use, Plan Check/Install/Inspection/Use (initial) $387 Cryogen Use, Plan Check/Install/Inspection/Use (renewal) $155 Dry Cleaning Plants (initial) $251
Dry Cleaning Plants (renewal) $195
Dust Producing Operation (initial) $251
Dust Producing Operation (renewal) $195
Explosive or Blasting Agent (permit and 2 blasts) $195
Explosive or Blasting Agent (more than 2 blasts) $60
Fireworks Ground Display $139
Fireworks, Pyrotechnic Special Effects (theatrical/movies) $139 Fireworks, Aerial Display (includes ground display) $307 Flammable or Combustible Liquids $307
Retail Storage (under exempt amount per control area) $60 Pipeline, Operations/Excavation $139
Liquid or Gas Fueled Vehicles or Equipment in Assembly $307 Containers/Tanks (renewal) $195
Underground Tanks $139
Tank Removal $195
Tank Vehicles (initial) $195
Tank Vehicles (renewal) $139
Fruit Ripening $139
Fumigation or Thermal Insecticides Fogging $139
Hazardous Materials, Retail Storage (under exempt amount per control area) $139 Hazardous Materials, Storage/Handle/Use (initial) $492
Hazardous Materials, Storage/Handle/Use (renewal) $195
Hazardous Production Materials $379
High Piled Combustible Stock (initial) $379
High Piled Combustible Stock (renewal) $251
LPG - Non Single Family Dwelling $251
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
10 of 15

LPG - Single Family Dwelling $139
Special Use/Event Permit $139
Lumber Yards $195
Magnesium Working $251
Mall Covered $251
Motor Vehicle Fuel Dispensing Station $251
Motor Vehicle Refueling Unit $251
Open Fires (includes bonfires & burn permits) $60
Organic Coating (initial) $489
Organic Coating (renewal) $375
Ovens, Industrial Baking or Drying (initial) $195
Ovens, Industrial Baking or Drying (renewal) $139
Radioactive Materials (initial) $251
Radioactive Materials (renewal) $139
Refrigeration Equipment, Install/Operate (initial) $307 Refrigeration Equipment, Install/Operate (renewal) $195 Repair Garages $139
Administration (OES) $139
Spraying or Dipping (initial) $364
Spraying or Dipping (renewal) $195
Tents/Canopy/Membrane Structures - Non High Fire Hazard Area (100 occupants) $139
Tents (all others) $364
Tire Storage $195
Wood Products $251
Hot Work and Cutting Operations (within occupancy and mobile) $195 Fireworks Stands/Booth Application Fee $168
Firework Stand/Storage/Display Inspection $128
Special Events Fire and Life Safety
Cost Recovery/Miscellaneous:
1,250-1500 GPM (16 hour maximum) $102
1,501-2000 GPM (16 hour maximum) $106
Pick-Up (16 hour maximum) $71
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
11 of 15

Works Comp. Actual Cost
Rent: Private Organization (per hour) $0.18
Fire Reports $17
Street Spills $57 plus Actual Cost
False Alarms (within a 12 month period at a single site) False alarms are not subject to COLA False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $62
False Alarms (sixth and subsequent**) $124
False Alarms (maximum fee per day) $310
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident.

PARKS, RECREATION & COMMUNITY EVENTS
Community Center, Multipurpose Room
Reservation and Cleaning Deposit $350
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $100
Rent: Non-Profit/Senior Organization (per hour) $70
Facility Attendant, (per hour) $35
Community Center, Multi Purpose Room & Evelyn Chambers Senior Room Reservation and Cleaning Deposit $525
Cancellation Fee: Less than 10 Days of Rental Forfeit Deposit Cancellation Fee: More than 10 Days of Rental $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $140
Rent: Non-Profit/Senior Organization (per hour) $90
Facility Attendant, (per hour) $35
Community Center, Evelyn Chambers Senior Room
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
12 of 15

Rent: Private Organization (per hour) $75
Rent: Non-Profit/Senior Organization (per hour) $40
Facility Attendant, (per hour) $35
Community Center, Jessie Frago or Andy Longinotti Meeting Rooms Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $65
Rent: Non-Profit/Senior Organization (per hour) $40
Facility Attendant, (per hour) $35
Community Center, Kitchen
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Senior Citizen Groups with Kitchen $40
Rent: Non-Profit/Senior Organization (per hour) $35
Table & Chair Fees:

Table & Chair Set Up and Usage Fee $125
Table & Chair Set up and Usage Fee for Senior Citizen Organization $75 Castle Youth Center
Birthday Party (2 hours) gym, game room & activity area $175 Gym Rental (per hour) $60
Facility Attendant, (per hour) $35
Veterans Park Pavilion
Reservation and Cleaning Deposit $200
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $75
Cancellation Fee: More than 30 Days of Rental $80
Atwater Resident Rental Fee with Kitchen $250
Senior/Civic/Schools/Non-Profit Organization with Kitchen $200 Osborn and Miyake Ball Field Tournament without Lights (per field per day) $175
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
13 of 15

Facility Attendant, (per hour) $35
Bloss Grounds
Deposit $350
Private Party (2 hour minimum) $80 per hour
Non-Profit / Senior Group (2 hour minimum) $40 per hour Facility Attendant, (per hour) $35
Photograpy Session (2 hour minimum) $30 per hour
Bloss Library Museum
Private Usage $50 per hour
Non-Profit / Senior Group No Charge
Facility Attendant, (per hour) $35
Field Rentals
Osborn and Miyake Ball Field Deposit $210
Osborn and Miyake Ball Field Rental (per hour) $35
Osborn and Miyake Ball Field Rental with Lights (per hour) $40 Learn to Swim Program (parent & infant) $145
Osborn and Miyake Ball Field Tournament Field Preps (per prep per field per day) $75
Veterans Park Football Field Deposit $210
Veterans Park Football / Soccer Field, Youth Teams (per day) $125 Veterans Park Football Field, Adult Teams (per day) $150 Memorial Ball Field Deposit $200
Memorial Ball Field (per game) $75
Memorial Ball Field Prep $75
Memorial Ball Field Light Usage (per hour) $40
Joan Faul Soccer Field Deposit $210
Joan Faul Soccer Field 1 (per day) $100
Joan Faul Soccer Field 2 (per day) $100
Joan Faul Soccer Fields 1 & 2 (per day) $175
Youth Recreation Programs Resident Non Resident
Osborn Park Tennis Court (per key for one year Pro-Rated) $80 $100 Youth Basketball (co-ed, boys and girls, grades K-12) (per player) $80 $105 Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
14 of 15

Youth Indoor Soccer (per player) $75 $95
Summer Drop-in Program - Per Week
Full Day - Per Week $90 $115
Youth Flag Football (per player) $75 $95
Youth Volleyball (per player) $85 $105
Summer Youth Camp (per camp) $50 $70
Adult Recreation Programs
Men's Spring Softball $550 $575
Men's Summer Softball $550 $575
Men's Fall Softball $550 $575
Coed Spring Softball $550 $575
Vendor Fair Booth Rental (12x12) $550 $575
Coed Fall Softball $550 $575
Coed Winter Volleyball $425 $450
Coed Summer Volleyball $425 $450
Men's Volleyball $425 $450
Women's Volleyball $425 $450
Men's Summer Basketball League $650 $675
Men's Winter Basketball League $650 $675
Other Recreation Programs
Misc. Recreation Classes & Events $10 - $50 $10 - $50
Vendor Fair Booth Rental (12x12) $100
Miscellaneous Fee Schedule
Amended November 14, 2022 CPI % increase for FY 22/23
EXHIBIT "A" 8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
15 of 15

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 9, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Waiving the first reading, by title only, and introducing an ordinance Amending certain sections of Title 17 “Zoning” of the Atwater Municipal Code relating to Building Height
Regulations (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the public hearing and take any testimony;
Close the public hearing;
Motion to waive the first reading and introduce Ordinance No. CS 1056 Amending certain sections of Title 17 “Zoning” of the Atwater Municipal Code relating to Building Height Regulations; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

Currently, the City of Atwater municipal code has an established height restriction of 35 feet, or that of 2 and a half stories high. This restriction was put in place in 1984 to ensure public safety due to the lack of fire protection equipment to support higher structures. In 2014, the City purchased and obtained a 109’ Ladder Truck that would allow public safety to reach buildings of heights over 35 feet.

As the City now has the means to provide ample fire safety services to higher structures, the current height limitation can be replaced with a new regulation that would better suit the City’s needs. The ordinance intends to remove the 35 feet limitation and update the municipal code to allow taller buildings through staff review.

As not all areas within the City Limits, regardless of Zoning District, would be suitable

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

for higher structures and buildings, the ordinance allows approval of a “by-project” or “case-by-case” analysis for each zoning district. Such limitations include Federal Aviation Administration Airspace Obstruction Standards, railroad tracks, or other possible factors that could affect the height allowances. The proposed ordinance includes language that allows staff to analyze each project to determine if the proposed height of any building would be suitable in certain areas of the City.

This Zoning Ordinance Text Amendment proposes to amend the following sections:

17.10.050,17.16.060,17.17.060, 17.19.060, 17.21.060, 17.22.060, 17.24.060, 17.34.05 0,

17.35.050, 17.36.070, 17.37.040, 17.38.050, 17.39.050, 17.40.040, 17.42.040, and

17.44.120.

ANALYSIS:

The ordinance is determined to be in conformance with the City of Atwater’s 2014- 2023 Housing Element Update which was adopted as part of the City’s General Plan in May of 2017; supplemented and certified by the State in 2019. This element sets goals and priorities of community housing needs based on the Regional Housing Needs Assessment (RHNA).

The City’s Housing Element points out that rigid development standards such as height restrictions have a likelihood of decreasing different types of housing development.

Removing the constraint would increase the housing development types and options within the City and assist the City in achieving its housing needs.

Housing Element Policy H-2.2 states to “encourage the development of innovative subdivision and housing designs to reduce housing costs.” Currently, the restraint on building height does not allow for development of certain innovative housing types such as multi-level apartments. Removing the height limitation of 35 feet would allow new housing designs throughout the city.

Furthermore, the State of California remains in a housing crisis. The state offers recommendations to achieve housing allocation numbers, such as removing height limits within cities. Removing the current height restrictions would allow higher density and achieve the housing needs of the City.

The removal of the 35 feet height restriction would also align with the adopted 2022 Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS). The RTP/SCS states the concentration of development should be “upward” instead of “outward.” Removing the height restriction of 35 feet would allow the City to incorporate this focus of the 2022 RTP/SCS.

The current zoning ordinance regulations require City Council approval for any request

Agenda Report - Page 3

for height above 35 feet. Removing the constraint and replacing it with City staff review and Planning Commission approval would streamline the application process.

II. FISCAL IMPACTS:

No negative fiscal impacts are anticipated with the approval of this project. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING
POLICY:

Current existing policy states “no main building shall exceed two-and-one-half stories above ground, or 35 feet in height.” The ordinance would replace the language to allow height regulations to be analyzed on a case-by-case basis.

The proposed ordinance does not conflict with any other provisions of the General Plan or Municipal Code.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

City staff coordinated with the Chief Building Official and Public Safety Officials to establish the best guidelines for moving forward for building height requirements.

VII. PUBLIC PARTICIPATION:

The public hearing was adequately noticed and advertised for the regularly scheduled City Council meeting. The public will have the opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

Pursuant to the California Environmental Quality Act (CEQA), the project is exempt under section 15061(b)(3), also known as the “General Rule” Exemption, which states “the activity is covered by a common-sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The ordinance itself would not cause a significant effect on the surrounding environment.

The action is removing the building height constraint, but not all new construction will be intended to go above 35 feet. The proposed ordinance intends to remove the height restriction of 35 feet and replace it with a new regulation.

The ordinance would amend the Atwater Municipal Code to require a case-by-case

Agenda Report - Page 4

analysis on any future proposed use. Each new project will be analyzed individually for any possible significant impacts on the environment including traffic, air quality, and public utilities. As such, further environmental analysis will be required for each new project, this ordinance in itself qualifies for the “General Rule” exemption.

IX. STEPS FOLLOWING APPROVAL:

The second reading and adoption of the ordinance is scheduled for the next regular City Council meeting.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Ordinance No. 1056 Repeal and Replace Height limits

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1056

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CERTAIN
SECTIONS OF TITLE 17 “ZONING” OF THE

ATWATER MUNICIPAL CODE RELATING TO

BUILDING HEIGHT REGULATIONS
WHEREAS, in accordance with established goals and objectives in the General Plan, the City, through its powers to govern land use, can amend, revise, repeal, or place sections of the Zoning Chapter within the City’s Municipal Code; and, WHEREAS, the City of Atwater seeks to amend their municipal code to modify the building height regulations within the City limits to promote further residential and commercial development; and,
WHEREAS, the City of Atwater has grown since 1984 and requires the ability for “upward development;” and,
WHEREAS, in 2014, the City purchased a 109’ Ladder Truck for public safety that would allow for higher buildings; and,
WHEREAS, the City Council finds it is in the interest of public health, safety, and welfare to remove the height restrictions.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

SECTION 1: Municipal Code Sections 17.10.050,17.16.060,17.17.060, 17.19.060,

17.21.060, 17.22.060, 17.24.060, 17.34.050, 17.35.050, 17.36.070, 17.37.040,

17.38.050, 17.39.050, 17.40.040, 17.42.040, and 17.44.120 are hereby amended to delete the striked text and add the underline text and to read in full as follows:

17.10.050 Height regulations.

The building height limit shall be two and one-half stories above ground, not to exceed 35 feet, except for barns and silos, for which the maximum height shall not exceed 50 feet, and in compliance with the Airport Height Regulations.

Ordinance No. CS 1056 Page 2
No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

Ordinance No. CS 1056 Page 3

17.16.060 Height of structures.

No main building shall exceed two-and-one-half stories above ground, or 35 feet in height. No detached accessory building shall exceed one story in height, or 16 feet.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Ordinance No. CS 1056 Page 4
Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.17.060 Height of structures.

No main building shall exceed two-and-one-half stories above ground, or 35 feet in height. No detached accessory building shall exceed one story in height, or 16 feet.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or

Ordinance No. CS 1056 Page 5
roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.19.060 Height of structures.

No main building shall exceed two-and-one-half stories above ground, or 35 feet in height. No detached accessory building shall exceed one story in height, or 16 feet.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

Ordinance No. CS 1056 Page 6
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.21.060 Height of structures.

No main building shall exceed two-and-one-half stories above ground, or 35 feet in height. No detached accessory building shall exceed one story in height, or 16 feet.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs,

Ordinance No. CS 1056 Page 7
including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.22.060 Height of structures.

No main building shall exceed two-and-one-half stories above ground, or 35 feet in height. No detached accessory building shall exceed one story in height, or 16 feet.

Except in those areas designated as R-3-2s and R-3-2.5s, which shall be limited to a single story only.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

Ordinance No. CS 1056 Page 8
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.24.060 Height of structure.

No main building shall exceed two-and-one-half stories above the ground, or 35 feet in height. No detached accessory building shall exceed one story in height, or 16 feet. Except in those areas designated as R-3-1s and R-3-1.5s, which shall be limited to a single story only.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

Ordinance No. CS 1056 Page 9
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.34.050 Lot area, setbacks, building heights.

Minimum lot area 7,500 square feet
Minimum yards (setbacks):

Front 10 feet
Side (interior) 5 feet
Side (exterior) 10 feet
Rear none
Building height; two and one-half stories above ground, not to exceed 35 feet to the highest point, exceptions to building height may be made by the City Council, after due consideration of the professional opinion of the Fire Chief. No accessory building may exceed 16 feet to the highest point of the roof, or one story in height.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

Ordinance No. CS 1056 Page 10
A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.35.050 Lot area, setbacks, building heights.

No lot shall be created that would be smaller than 7,500 square feet. All existing lots that are smaller shall be developed in compliance with this chapter.

Setbacks:
exterior setback: ten (10) feet
interior setback: none
rear yard: none

Ordinance No. CS 1056 Page 11
Building height; two and one-half stories above ground, not to exceed 35 feet to the highest point, exceptions to building height may be made by the City Council, after due consideration of the professional opinion of the Fire Chief. No accessory building may exceed 16 feet to the highest point of the roof, or one story in height.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project’s proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City’s General Plan, Zoning Code, and other adopted specific plans and/or master plans; F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project’s proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project’s proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.