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STATE OF CAUFORNIÀ 1992 EDMON OR
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STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
RAISED TRUNCATED DOME
CURB RAMP DETAILS
RAISED TRUNCATED DOME PATTERN (IN-LINE)
DETECTABLE WARNING SURFACE
Min
4'-2"
EDGE OF SIDEWALKIF NECESSARY ATRETAINING CURB
CASE B
SIDEWALKEDGE OFFRONT
B
B
CROSSWALK IF PROVIDED
CROSSWALK IF PROVIDED
A
A
Max
Ty
1 p
:1
Typ
1:1
Min
4'-2"
CASE D
SIDEWALKEDGE OFFRONT
AREAPLANTING SIDEWALK
EDGE OFFRONT
Min
4'-2"
4'-2" Min
CASE E
A
A
Typ
6"
A
Max
CASE A
4'-2" Min
T
6 yp
"
Min
5'-0"
A
SIDEWALK
LANDING
LANDING
FLARE
RAMP
FLARE
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
DETAIL A
Max
1.5%
7.5%
Max
7.5%
Max
7.5%
Max
7.5%
7.5%
Max
7.5%
1.5% Max
Max
1.5%
Max
1.5%
1.5% Max
Max
1.5%
Max
1.5%
Max
1.5%
1.5% Max T
SECTION C-C
1.5% Max 7.5% Max T
4'-2" Min
SECTION B-B
Depress entire sidewalk as required
ROUNDED
IF NECESSARY
RETAINING CURB
1.5% Max T
7.5% Max
4'-2" Min
SECTION A-A
ROUNDED
TOP OF RAMP
C
C
Max Max
OF SIDEWALKFRONT EDGE
CASE C
OF SIDEWALKNECESSARY AT EDGERETAINING CURB IF
Min
5'-0"
SIDEWALK
7.5% 7.5%
1.5% Max
1.5% Max
Max
1.5%
Max
1.5%
CORNER INSTALLATION
TYPICAL TWO-RAMP
FLARE FLARE
CROSSWALK IF PROVIDED
CROSSWALK IF PROVIDED
Min
4'-2"
RAMP
LANDING
SIDEWALK
PROVIDE 2'-0" Min OF CURBWHERE A FLARED SIDE OCCURS
Min OF CURBPROVIDE 2'-0"SIDE OCCURSWHERE A FLARED
CORNER INSTALLATION
TYPICAL ONE-RAMP
DETAIL B
FLARE
RAMP
FLARE
Gutter not shown
AT CURB9.0% Max
AT CURB9.0% Max
AT CURB9.0% Max
AT CURB9.0% Max
AT CURB9.0% Max
AT CURB9.0% Max
AT CURB9.0% Max
T
6 yp
"
SIDEWALKEDGE OFFRONT
SEE NOTE 8
SEE NOTE 8
TOP OF RAMP
AT CURB9.0% Max
1.5% Max
Min
4'-2"
1.5% Max
FLOWLINEGUTTER
SEE NOTE 8
FLOWLINEGUTTER
IF NECESSARYRETAINING CURB
FLOWLINEGUTTER
See Note 1 See Notes 1 and 3
CENTER TO CENTER SPACING2.3" Min AND 2.4" Max
0.2"
12-31-23
SIDEWALK
SEE NOTE 10
SEE NOTE 10
SEE NOTE 10
See Note 10
NOTE 10SEE
OF SIDEWALKFRONT EDGE
AREA
PLANTING
Min
4'-2"
AREA
PLANTING
CURBRETAINING
SIDEWALKEDGE OFFRONT
CASE F CASE G
RAMP)SIDES OFCURB (BOTHRETAINING
A A
Typ
6"
Typ
6"
SIDEWALK SIDEWALK
Max
7.5%
Max
7.5%
Max
1.5%
Max
1.5%
Max
1.5%
4'-2" Min 4'-2" Min
See Note 4
AT CURB9.0% Max Max
1.5%
Min
4'-2"
SEE NOTE 10 SEE NOTE 10
BASE Dia
0.9" Min AND 0.92" Max
TOP Dia
0.45" Min AND 0.47" Max
GUTTER PAN TRANSITION
APPLIES TO ALL CASESTYPICAL GUTTER PAN
CURB
PAVEMENT
NOTE 9
SEE
NOTE 8
SEE
DETECTABLE
FRONT OF
GUTTER IN
WARNING
NOTE 9
SEE
TRANSITION TRANSITION
RETAINING CURB6" Min HIGH RETAINING CURB
6" Min HIGH
SEE NOTE 10
RAMP SLOPECURB TO MATCH
3'-0" Typ 3'-0" Typ
1.5% Max
1.5% Max
1.5% Max
4'-2" Min
1.5% Max 1.5% Max
A A
1.5% Max
OF RAMP)(BOTH SIDESRETAINING CURB
1.5% Max
Lynn Mowry
Rebecca
C54415
1-31-23
A88A
NO SCALE
PLANS APPROVAL DATE
No.
Exp.
REG ISTERED PROFESSIONAL ENG INEER
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
May 1, 2023
168
2023 STA ND A RD PLA N A 88A
13.12.11.10. 9. 8. 7. 6. 5. 4. 3. 2. 1.
covers while maintaining detectable warning width and depth.Detectable warning surface may have to be cut to allow removal of utilitythe owner prior to, or in conjunction with, curb ramp construction.the boundaries of the curb ramp will be relocated or adjusted to grade byUtility pull boxes, manholes, vaults and all other utility facilities withinSidewalk and ramp thickness "T", shall be 3½" minimum.surfaces shall conform to the requirements in the Standard Specifications.maximum gap of 1 inch is allowed on each side of the ramp. Detectable warningDetectable warning surfaces shall extend the full width of the ramp except awarning surface that extends the full width and 3'-0" depth of the ramp.unless modified in the Project Plans. Curb ramps shall have a detectableThe detectable warning surface will be a rectangle as shown at back of curb,typical gutter pan slope per Standard Plan A87A.Transition gutter pan slope from 1" of depth for each 2'-0" of width to matchGutter pan slope shall not exceed 1" of depth for each 2'-0" of width.and within 24 inches of the curb ramp shall not be steeper than 1V:20H (5.0%).Counter slopes of adjoining gutters and road surfaces immediately adjacent toand streets shall be at the same level.The adjacent surfaces at transitions at curb ramps to walks, gutters,except in Case C and Case F.to conform with longitudinal sidewalk slope adjacent to top of the ramp,Side slope of ramp flares vary uniformly from a maximum of 9.0% at curbin the Project Plans.The ramp portion of the curb ramp is a typical rectangle, unless modifiedthe Case G ramp shall be constructed in reversed position.As site conditions dictate, the retaining curb side and the flared side ofbe similar to that shown for Detail B.When ramp is located in center of curb return, crosswalk configuration mustdepressed longitudinally as in Case B or C or may be widened as in Case D.ramp and 4'-2" platform (landing) as shown in Case A, the sidewalk may beIf distance from curb to back of sidewalk is too short to accommodateincluding the conform to existing sidewalk, see Project Plans.as site conditions dictate. For specific site condition configuration,Case A through Case G curb ramps also may be used at mid block locations,The case of curb ramps used in Detail A do not have to be the same.for corner installations similar to those shown in Detail A and Detail B.As site conditions dictate, Case A through Case G curb ramps may be used NOTES:
Return to Table of Contents
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ISLAND PASSAGEWAY DETAILS
CURB RAMP AND
NOTES:
T
Var
Min
SECTION B-B
RETAINING CURB
CLEAR PASSAGEWAY
Typ 6"
IF NECESSARY
T
RETAINING CURB
SECTION A-A
~
GUTTERFLOWLINE
A
A
Max
IF NECESSARY, CONSTRUCT RETAININGCURB AT EDGE OF SIDEWALK
CASE CM CURB RAMP
SIDEWALK
3'-0"
BCR
IFPROVIDED
CROSSWALK
T
6 yp"
TRAVELEDWAY
TRAVELED
WAY
Min
Min
RAISED ISLAND
BB
TYPE B PASSAGEWAY
SLOPE PASSAGEWAY
4'-2"
4 '-2"
TO DRAIN 1.5% Max
1.5% Max
Max
1 .5%
7.5%
1.5% Max
4'-2"
RAISED ISLANDSURFACE OF
PROVIDED
IF CROSSWALK
5'-0" Min
Gutter not shown
IF PROVIDED
CROSSWALK
Max
1 .5%
SEE NOTE 3
SEE NOTE 3
SEE NOTE 7
Min
Min
BB
TYPE C PASSAGEWAY
Min
RAISED ISLAND
TRAVELEDWAY
TRAVELED
WAY
SLOPE PASSAGEWAY
4'-2"
4 '-2"
4'-2"
TO DRAIN 1.5% Max
SEE NOTE 3
SEE NOTE 3
SEE NOTE 3
SIDEWALK
SEE NOTE 7CURB RAMP,
SIDEWALK
SEE NOTE 7CURB RAMP,
Min
TYPE A PASSAGEWAY
B
B
RAISED ISLAND
TRAVELEDWAY
TRAVELEDWAY
RAISED ISLAND
4'-2"
SEE NOTE 3
SEE NOTE 3
1.5% MaxTO DRAINPASSAGEWAYSLOPE
SIDEWALK
SEE NOTE 7CURB RAMP,
SIDEWALK
SEE NOTE 7CURB RAMP,
Max
Min
5'-0"
SIDEWALK
7.5%
1.5%Max
1.5% Max
Max
1 .5%
T6yp"
CASE CH CURB RAMP
A
A
RETAINING CURB6" Min HIGH
RAMP SLOPECURB TO MATCH
RETAINING CURB6" Min HIGH
IF NECESSARY, CONSTRUCT RETAININGCURB AT EDGE OF SIDEWALK SURFACE, SEE NOTE 2DETECTABLE WARNING
CURBREQUIRED
IF PROVIDED
CROSSWALK
SIDEWALK SEE NOTE 7 CURB RAMP,
SEE NOTE 2SURFACE,WARNINGDETECTABLE
CURBZERO HEIGHTHEIGHT TOFROM FULLTRANSITION
SIDEWALK SEE NOTE 7 CURB RAMP,
RAMP SLOPECURB TO MATCH
1'-0"
1.5% Max
1.5% Max
AND 8SEE NOTES 2SURFACE,WARNINGDETECTABLE
AND 8SEE NOTES 2SURFACE,WARNINGDETECTABLE
AND 8SEE NOTES 2SURFACE,WARNINGDETECTABLE
Min
6'-0"
8.7.6.5.4.3.2.1. at the face of curb, unless modified in the Project Plans.The detectable warning surface will be a rectangle as shownFor additional curb ramp details, see Standard Plan A88A.warning width and depth.removal of utility covers while maintaining detectableDetectable warning surface may have to be cut to allowor in conjunction with, curb ramp construction.relocated or adjusted to grade by the owner prior to,facilities within the boundaries of the curb ramp will beUtility pull boxes, manholes, vaults and all other utilitywalks, gutters, and streets shall be at the same level.The adjacent surfaces at transitions at curb ramps to1 inch is allowed on each side of the passageway.the island passageway except a maximum gap ofwarning surfaces shall extend the full width ofdepth of the passageway length. Detectablesurface shall extend the full width and 3'-0"than or equal to 8'-0", each detectable warningWhere an island passageway length is greaterwidth and 2'-0" depth of the passageway length.detectable warning surface shall extend the fullthan or equal to 6'-0", but less than 8'-0", eachWhere an island passageway length is greatersee Standard Plan A88A.For details of detectable warning surfaces,shall be 3½" minimum.Sidewalk, ramp and passageway thickness "T", Lynn Mowry
Rebecca
C54415
12-31-23
1-31-23
A88B
NO SCALE
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
May 1, 2023
169
2023STA ND ARDPLA NA 88B
Return to Table of Contents
4" 4"
8"
8"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
A=6 ftÄ
4"
2"
XING
AHEAD
WAIT
LANE
RIGHT
YIELD
SCHOOL
SIGNAL
TURN
HERE
BIKE
SLOW
STOPLEFT
ITEM ITEM ITEM
WORD MARKINGS
ITEM
PED
COMPACT
RUNAWAY
VEHICLES
21 31
19 6
26 5
23 22
19 24
35 32
24 26
18 10
43 42
A=5 ftÄ
2"
4"
4"
2"
A=10 ftÄ
8"
4"
A=22 ftÄ A=18 ftÄ
8"
4"
8"
4"
A=26 ftÄ
8"
4"
A=19 ftÄ
8"
4"
A=32 ftÄ
A=35 ftÄ
A=43 ftÄ
A=31 ftÄ A=24 ftÄ A=26 ftÄ A=21 ftÄ
A=42 ftÄ A=24 ftÄ A=23 ftÄ A=19 ftÄ
ftÄ ftÄ ftÄ ftÄ
NOTES:
connecting segments not to exceed 2" in width.4. Portions of a letter, number or symbol may be separated by3. Minor variations in dimensions may be accepted by the Engineer. where there is limited space because of local conditions. the height of the characters. The space may be reduced appropriately the characters for low speed roads, but not more than ten times2. The space between words must be at least four times the height of i.e., the first word must be nearest the driver.1. If a message consists of more than one word, it must read "UP",
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
May 1, 2023
WORDS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
22 A24D
2023STA ND ARDPLA NA 24D
2-7-23
3-31-24
C82065
Yue Wang
Return to Table of Contents
NOTES:
BASIC
1'-0" TO 2'-0"
6'-0"Min
3.2.1. 1'-0" TO 5'-0"
CONTINENTAL
1'-0" TO 2'-0"
6'-0"Min
See Note 1
DIAGONAL
45^ 6
'-0"Min
1'-0" TO 2'-0"
1'-0" TO 2'-0"
1'-0" TO 2'-0"
TRIPLE FOUR
Min
2'-0"
2'-0"
4'-0"
4'-0"
4'-0"
LADDER
6'-0"Min
1'-0" TO 2'-0"
1'-0" TO 2'-0" 1'-0" TO 2'-0"
1'-0" TO 5'-0", SEE NOTE 2
1'-0" TO 5'-0", SEE NOTE 2
HIGHER VISIBILITY CROSSWALKS
schools must be yellow.All crosswalk markings must be white except those nearSpacings not to exceed 2.5 x width of longitudinal line.of each lane.Spaces between markings must be placed in wheel tracks
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
May 1, 2023
CROSSWALKS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
See Note 1
24 A24F
2023STA ND ARDPLA NA 24F
2-7-23
3-31-24
C82065
Yue Wang
Return to Table of Contents
YIELD LINE AT EXIT RAMP
LIMIT LINE (STOP LINE) AT EXIT RAMP
LIMIT LINE (STOP LINE)
YIELD LINE
TYPE Ï ARROW AT EXIT RAMP
TYPE R
TRIANGLESOF ISOSCELESWHITE SERIES
1'-0"
17'-6"
9 '-
0 "
LIMIT LINE OR CROSSWALK1'-0" TO 2'-0"
WHITE LINE1'-0" TO 2'-0"
1. RETROREFLECTIVE FACE ON BACKSIDE
NOTE:
A=33 ftÄ
LEGEND:
2"
2"
2"2"
24'-0"
12'-0"
2'-0"
TRIANGLESOF ISOSCELESWHITE SERIES
1'-0"
up the ramp with the red reflective side facing the intersection.markers in front of the first line for wrong way vehicle that travels If there is crosswalk at the end of the exit ramp, place Type R
RETROREFLECTIVE MARKERTYPE R ONE-WAY RED
MARKER DETAILS
REFLECTIVERED
BLANK
REFLECTIVERED
BLANK
45 45 ° °
AT THIS LOCATIONUSE ONE MARKERWHEN RECESSED,
(Markers are not recessed)
(Markers are not recessed)
YIELD LINE AT EXIT RAMP
(Markers are recessed)
LIMIT LINE (STOP LINE) AT EXIT RAMP
(Markers are recessed)
Typ
2'-0"
REFLECTIVERED
BLANK
Typ
4'-0"
1'-0" WHITE LINE
BLANK
REFLECTIVERED
Typ 3'-0
"
T2yp"
Typ
1'-0"
Typ
1'-0"
Typ
2'-0"
TRIANGLESOF ISOSCELESWHITE SERIES
Typ
1'-0"
Typ 3'-0
"
Typ 3'-0
"
T2yp"
Typ
1'-0"
Typ
2'-0"
Typ 3'-0
"
Typ 3'-0
"
Typ
1'-0"
Typ
4'-0"
45° 45°
?"-¾"
3?"-4?"
1?"-4?"
Typ
4 '-0"O/C
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
May 1, 2023
AND WRONG WAY DETAILS
YIELD LINES, LIMIT LINES
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
25 A24G
2023STA ND ARDPLA NA 24G
2-7-23
3-31-24
C82065
Yue Wang
Return to Table of Contents
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
March 25, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Interim City Manager
PREPARED
BY:
Janell Martin, Assistant City Clerk/Records Coordinator SUBJECT: Receiving and Filing Development Impact Fee Annual Report for FY 2022-23 and Adopt Resolution Making Five-Year Findings Regarding the Development Impact Fees for Fiscal Years 2017-18 to 2021-22 (Interim City Manager Thompson)
RECOMMENDED COUNCIL ACTION
Receives and files the annual Development Impact Fee (“DIF”) Report for Fiscal Year (“FY”) 2022-23 and approves Resolution No. 3450-24 Making Five-Year Findings Regarding the DIFs for Fiscal Years 2017-18 to 2021-22.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
In March 2003, the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study which demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). This study was conducted in accordance with the Mitigation Fee Act, Government Code Section 66000 et seq. (the “Act”), which governs the establishment and administration of DIFs collected on new development projects to fund public facilities needed to accommodate the growth due to the new development. DIFs must be separately accounted for and used for the specific purpose for which the fee was imposed.
The City of Atwater collects DIF for the following purposes:
• Water facilities
• Wastewater facilities
• Transportation facilities
• Parks and recreation improvements
• Public safety facilities
• Fire protection facilities
• General government capital facilities
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Receiving and Filing Development Impact Fee Annual Report for FY 2022-23 and Adopt Resolution Making Five-Year Findings Regarding the Development Impact Fees for Fiscal Years 2017-18 to 2021-22 (Interim City Manager Thompson) Page 2
In compliance with the requirements of California Assembly Bill 1600 (adopted in 1987) (“AB 1600”), the City has completed this annual report regarding the collection, compliance, and use of DIFs in FY 2022-23. The annual report must include the following information for each DIF:
• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.
Findings for Five-Year DIF Report
The City is also required by Government Code Section 66001(d) to adopt, by resolution, certain findings for funds remaining in the DIF accounts every fifth fiscal year following the first deposit into each public improvement account or fund, and every five years thereafter. On January 22, 2024, the City Council received and filed the Five Year DIF Report for Fiscal Years 2017-18 to 2021-22. Staff recommends the City Council approve the Resolution making five-year findings regarding the DIFs for Fiscal Years 2017-18 to 2021-22.
ANALYSIS:
The City’s consultant, RSG, analyzed financial reports for each of the funds for which DIFs are collected or expended, and prepared this annual report for FY 2022-23. The annual report includes all the reporting requirements specified in Government Code section 66001.
II. FISCAL IMPACTS:
There is no fiscal impact related to the filing of the report.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING POLICY:
Agenda Report - Receiving and Filing Development Impact Fee Annual Report for FY 2022-23 and Adopt Resolution Making Five-Year Findings Regarding the Development Impact Fees for Fiscal Years 2017-18 to 2021-22 (Interim City Manager Thompson) Page 3
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:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all respective departments.
VII. PUBLIC PARTICIPATION:
GC Section 66006(b)(2) requires that the “local agency shall review the report not less than 15 days after the report is made available to the public.” The public will have an opportunity to provide comments on this item up to and including during the City Council meeting when the item is considered.
VIII. ENVIRONMENTAL REVIEW:
This Resolution is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, directly or indirectly. This Resolution is also exempt from CEQA pursuant to 15378(b)(4) of the CEQA Guidelines, because it involves governmental fiscal activities which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
IX. STEPS FOLLOWING APPROVAL:
The City will take the following steps:
• Complete the AB 1600 reports on an annual basis, in accordance with the timeline stipulated by the law.
• Complete the five-year AB 1600 report, every five years, in accordance with the timeline stipulated by the law.
• In conjunction with the adoption of the annual Capital Improvement Plan (“CIP”), identify the status of each CIP project.
Submitted and Approved by:
Greg Thompson, Deputy City Manager
Attachments:
Agenda Report - Receiving and Filing Development Impact Fee Annual Report for FY 2022-23 and Adopt Resolution Making Five-Year Findings Regarding the Development Impact Fees for Fiscal Years 2017-18 to 2021-22 (Interim City Manager Thompson) Page 4
1. 3450-24 Making Five-Year Findings re Five-Year Development Impact Fee Report-2017-18 to 2021-22
2. Atwater Fiscal Year 22-23 DIF Report-c1
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3450-24
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATWATER MAKING FIVE-YEAR
FINDINGS REGARDING THE DEVELOPMENT
IMPACT FEES FOR FISCAL YEARS 2017-18
TO 2021-22 AND FINDING THE ACTION
EXEMPT FROM CEQA
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq. authorizes the City of Atwater (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and
WHEREAS, in March 2003, the City Council adopted a Public Facility Development Impact Fee Study, which demonstrated the nexus between new development and the need for public facilities; and
WHEREAS, Government Code Section 66001(d)(1) requires the City to make certain findings every fifth fiscal year following the first deposit of development impact fees (“DIFs”) into the account or fund, and every five years thereafter, regarding any unexpended funds remaining; and
WHEREAS, the City has made available to the public the five-year report for Fiscal Years 2017-18 to 2021-22 required by Government Code Section 66001 with respect to the development impact fees (“Five Year Report”); and
WHEREAS, California Government Code Section 66001(d)(2) requires that the City review the information made available to the public at a regularly scheduled public meeting not less than 15 days after the information is made available to the public; and WHEREAS, the Five Year Report was reviewed, received and filed by the City Council on January 22, 2024; and
WHEREAS, the City wishes to adopt findings related to the Five Year Report as required by the Mitigation Fee Act; and
NOW, THEREFORE, the City Council of the City of Atwater hereby finds, determines, and resolves as follows:
1. The foregoing recitals and determinations are true and correct and are incorporated herein by reference.
2. The City Council has considered the full record before it, which may include, but is not limited to, such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.
3. The City Council, at a public meeting, has reviewed the following information pursuant to California Government Code Section 66001(d)(1), and finds that the Five Year Report makes findings for unexpended funds, and:
a. Identifies the purpose for which the DIFs are to be put; b. Demonstrates a reasonable relationship between the DIFs and the purpose for which they are charged;
c. Identifies all sources and amounts of funding anticipated to complete financing for incomplete improvements; and,
d. Designates the approximate dates on which the anticipated funding is expected to be deposited into the appropriate account or fund for incomplete improvements.
4. The City Council hereby determines that all reportable fees, collections, and expenditures have been received, deposited, invested, and expended in compliance with the relevant sections of the California Government Code and all other applicable laws for the fiscal years identified in the Five-Year Report.
5. The City Council hereby determines that no refunds or allocation of reportable fees, as described by California Government Code Section 66001, are required or deemed payable at this time.
6. This Resolution is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under the California Code of Regulations, title 14, section 15378(b)(4), that this Resolution is exempt from the requirements of CEQA because it involves governmental fiscal activities, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
The foregoing resolution is hereby adopted this 25th day of March 2024.
AYES:
NOES:
ABSENT:
APPROVED:
_______________________________
MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK
FISCAL YEAR 2022-23 DEVELOPMENT IMPACT
FEE REPORT
City of Atwater
Revised March 8, 2024
1 BACKGROUND
In accordance with the Mitigation Fee Act (California Government Code Section 66000), the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study in March 2003 that demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). The Mitigation Fee Act requires that the City prepare an annual review of all development impact fees and make available to the public a report on the fees after the end of each fiscal year. The City is also required to adopt by resolution certain findings for any fund accounts that contain unexpended funds as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001 (d)).
Each year, the City prepares a capital improvement plan (“CIP”) that details a schedule of improvements necessary to accommodate the projected population growth generated by new development. The CIP also classifies the intended use of each of the development impact fees (“DIF”) and allocates revenue from DIF for their intended capital projects.
In compliance with the requirements of California Assembly Bill 1600 (adopted in 1987) (“AB 1600”), the City has completed this annual report regarding the collection, compliance, and use of DIF. This report includes the following information for each DIF:
• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.
In the City of Atwater, DIF are collected for the following purposes:
• Water facilities;
• Wastewater facilities;
• Transportation facilities;
• Parks and recreation improvements;
• Public safety facilities;
• Fire protection facilities; and
• General government capital facilities.
2 Table 1 summarizes all DIF funds’ beginning and ending balances, revenues, and expenditures for Fiscal Year (“FY”) 2022-23.
Table 1: FY 2022-23 Summary of Development Impact Fees
Development Impact Fee Adjusted
Beginning
Fund Balance
DIF
Revenues
DIF
Expenditur
es
Adjusted
Ending Fund
Balance
Water Facilities $ 3,195,284 $ 101,409 $ - $ 3,296,693
Wastewater Facilities
7,788,978
79,062
-
7,868,040
Transportation Facilities
1,602,179
26,946
-
1,629,125
Parks & Recreation
Improvements
2,002,528
87,166
(611,952)
1,477,742
Public Safety Facilities
257,679
7,420
-
265,099
Fire Protection Facilities
249,929
9,197
-
259,126
General Government Capital
Facilities
269,087
7,854
-
276,941
Total $ 15,365,664 $ 319,054 $ (611,952) $ 15,072,766
Note that the numbers in this table and others throughout the report may not add up exactly to the totals provided due to rounding.
The Adjusted Fund Balances in Table 1 reflect only the qualifying revenues and expenditures in the DIF funds in FY 2022-23.
3 WATER SERVICE FACILITIES
Capital facility improvements for water services are funded with DIF collected for new development. Water service facilities fees are used to fund major water supply, transmission, and storage facilities. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.
According to the 2003 Nexus Study, the fee for tapping into the City water system is a flat fee of $400.00 plus the fees identified in Tables 2, 3, and 4. The fees collected for these purposes are deposited into the Water and Maintenance Fund. Table 2 shows the fees for regular service.
Table 3 shows the additional fees for non-residential uses, which are based on meter size.
Table 4 shows the fees for non-residential uses for fire service, based on meter size.
4 Table 5 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the water services facilities DIF fund in FY 2022-23.
Table 6 summarizes FY 2022-23 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2022-23.
5 WASTEWATER FACILITIES
Wastewater facilities fees are used to fund improvements to the wastewater treatment plant to increase capacity to maintain the level of service after the addition of new residents. The fees collected for this purpose are deposited into the Sewer and Maintenance Fund. According to the 2003 Nexus Study, the fee for tapping into the City sewer system is a flat fee of $400.00 plus the fees outlined in Table 7.
Table 8 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the wastewater facilities DIF fund in FY 2022-23.
Table 8: FY 2022-23 Wastewater Facilities Development
Impact Fee
Beginning Balance $ 7,788,978
Revenues
Fund 6011: Sewer Fund Capital
Replacement
Sewer Connection Fees
6,000
6 Capacity Fee
52,236
Sewer WWTP Expansion
2,320
Interest Earned
18,506
Total Revenue $ 79,062
Expenditures
Fund 6011: Sewer Fund Capital
Replacement
Total Expenditures $ -
Ending Balance $ 7,868,040
*Table 8 only reports on the allowable DIF revenues and expenditures that occurred in the fund.
Table 9 summarizes FY 2022-23 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2022-23.
7 TRANSPORTATION FACILITIES
Transportation facility improvements, including roadway facilities and traffic signals, are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.
According to the 2003 Nexus Study, the fees for transportation facilities are as shown in Table
10. Table 11 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the transportation facilities DIF fund in FY 2022-23.
Table 12 summarizes FY 2022-23 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2022-23.
8
9 PARKS AND RECREATION FACILITIES
Citywide parks and recreation facilities are funded with DIF collected for new development.
According to the 2003 Nexus Study, the fees for parks and recreation facilities are as outlined in Table 13.
Table 14 summarizes changes in fund balance and qualifying DIF revenues and expenditures for parks and recreation improvements in FY 2022-23.
Table 14: FY 2022-23 Parks and Recreation Improvements
Development Impact Fee
Beginning Balance $ 2,002,528
Revenues
Fund 1020: Parks and Recreation Fund
Parks and Recreation Facility Tax 13,640
Parks Capital Improvement Tax 5,456
Youth Center Facility Tax 7,106
Osborn Park Renovation 49,224
Interest Earned 11,740
Total Revenues $ 87,166
Expenditures
Fund 1020: Parks and Recreation Fund
Osborn Park Renovation $ (611,952)
Total Expenditures $ (611,952)
Ending Balance $ 1,477,742
Table 15 summarizes FY 2022-23 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2022-23.
Table 15: Capital Improvement Expenditures
FY 22-23
Expenditures
%
Complete
%
Funded
With
Fee
Additional 96 Acres of Parkland $ - 0% 0%
10 96 Acre Parkland Improvements
611,952 50% 30%
Additional Youth Center - 0% 0%
Total $ 611,952
All figures in this table are as of August 2023.
11 PUBLIC SAFETY FACILITIES
The impact fees for public safety were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, electronics, and other equipment as police improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to new development.
According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 16.
Table 17 summarizes changes in fund balance and qualifying DIF revenues and expenditures for public safety facilities in FY 2022-23.
12 Table 18 summarizes FY 2022-23 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2022-23.
Table 18: Capital Improvement Expenditures
FY 22-23
Expenditures % Complete
% Funded
With Fee
Police building, vehicles, and equipment1
$
- 50% 46%
Total
$
-
All figures in this table are as of August 2023.
1The 2003 Nexus Study provides a broad description of the allowable uses of public safety DIF funds.
Therefore, the Justification of Building and Equipment Costs schedule from the 1995 resolution was utilized to determine the spending goal for public safety facilities improvements. Since 2006, the City has expended DIF funds on the development of a police substation, communications systems, and other public safety related equipment, all of which are allowable uses of public safety DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $895,000 of the total $1.9 million spending goal outlined in the 1995 schedule (or 46% as shown in Table 18).
13 FIRE PROTECTION FACILITIES
Improvement of fire protection facilities and the purchase of related equipment are funded with DIF collected for new development. The impact fees for fire protection facilities were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, training materials, and other equipment as fire facility improvements. Acquisition of these capital improvements allows the City to maintain the level of service provided to residents and employees prior to the new development.
According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 19.
Table 20 summarizes changes in fund balance and qualifying DIF revenues and expenditures for fire protection facilities in FY 2022-23.
Revenues
Fund 1093: Fire Facility Impact Fee
Fire Facility Impact Fee
7,875
Interest Earned
1,322
Total Revenue $ 9,197
Expenditures
Fund 1093: Fire Facility Impact Fee
Total Expenditures
$
-
Ending Balance $ 259,126
*Table 20 only reports on the allowable DIF revenues and expenditures that occurred in the fund.
14 Table 21 summarizes FY 2022-23 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2022-23.
Table 21: Capital Improvement Expenditures
FY 22-23
Expenditures
%
Complete
% Funded
With Fee
Fire Station, vehicles, and equipment1 $ - 50% 57%
Total $ -
All figures in this table are as of August 2023.
1The 2003 Nexus Study provides a broad description of the allowable uses of fire protection DIF funds.
Therefore, the Justification of Building and Equipment Costs schedule from the 1995 resolution was utilized to determine the spending goal for public safety facilities improvements. Since 2006, the City has expended DIF funds on the development of a fire station and truck, which are allowable uses of fire protection DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $2.2 million of the total $3.9 million spending goal outlined in the 1995 schedule (or 57% as shown in Table 21).
15 GENERAL GOVERNMENT CAPITAL FACILITIES
Facilities related to the general administration and management of the City are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.
According to the 2003 Nexus Study, the fees for general government capital facilities are as shown in Table 22.
Table 23 summarizes changes in fund balance and qualifying DIF revenues and expenditures for general government capital facilities in FY 2022-23.
Table 24 summarizes FY 2022-23 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2022-23.
16 The City did not collect sufficient funding to complete financing on an incomplete public improvement.
There were no interfund transfers or loans made from a DIF account/fund.
There were no refunds made pursuant to Section 66001 of the Government Code.
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
March 25, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Interim City Manager
PREPARED
BY:
Kayla Rashad, Administrative Assistant
SUBJECT: Adoption of an Ordinance Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD14) to General Commercial (C-G) for the Property Located at APN:
150-190-036 (Interim City Manager Thompson)
RECOMMENDED COUNCIL ACTION
Adoption of Ordinance No. CS 1067 approving Zone Change No. 23-22-0300 for a parcel located on the north side of Bellevue Road approximately 0.15 miles west of Redwood Avenue (APN: 150-190-036).
I. BACKGROUND/ANALYSIS:
The first reading of Ordinance No. CS 1067 was at the Regluar City COuncil meeting of March 11, 2024.
The proposed Project consists of a Zone Change that has been submitted to the City of Atwater. The Project requests authorization to change the zoning district for APN 150- 190-036 from Planned Development (PD-14) to General Commercial (C-G) District.
The applicants proposed zone change is to facilitate the development of a Drive-Thru coffee shop and required other entitlements including a Tentative Map and Site Plan Review. The proposed project was presented to the Planning Commission on February 21, 2024 requiring their approval of the tentative parcel map and site plan. While the zone change for the project was also reviewed by the Planning Commission, the final approval of any zone change would belong to the City Council. At the meeting on February 21, 2024, the Planning Commssion did make a recommendation to approve the zone change to the City Council. Two readings of the zone change are required with the second reading expected to be heard on March 25, 2024. Approval of the Site Plan and Tentative Parcel map are not required of the City Council.
The site plan for the proposed Project includes a 949 square foot building which will be
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Adoption of an Ordinance Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 2
utilized as a drive-thru coffee shop. The design of the building includes a small covered walk-up service area but will not include any floor area for indoor seating.
The site plan also includes the construction of dual drive aisles, concrete curbs and sidewalks, a masonry trash enclosure, landscaping, a 12’x40’ designated loading space and twelve (12) parking stalls. The Atwater Municipal Code requires that one parking space for every 35 square feet of floor space be provided within commercially zoned districts. However, the proposed drive-thru coffee shop will not have any indoor seating and minimal outdoor shade cover of approximately 240 square feet. While the code is not specific to parking requirements for outdoor shaded areas or walk-up service windows, staff believes the twelve (12) parking spaces being provided are sufficient for the proposed operation.
The site plan has undergone site plan review at the staff level to ensure it complied with all standards for setbacks, parking, landscaping, and all other requirements defined in the Atwater Zoning Ordinance and any other applicable standards. The proposed building design will include a stucco finish with blue and grey colors and stone façade and stone pillars. An additional review of the architectural design will be completed during the building permit process.
1. ANALYSIS:
Site Location: The subject property is on the north side of Bellevue Road approximately 0.15 miles west of Redwood Avenue (refer to Figure 1) and is identified by Merced County as APN 150-190-036. The current site is used as an active detention basin for the existing commercial development immediately north and east of the subject property. Detention for the existing development and the proposed coffee shop will be required to be replaced at a one-to-one ratio. The existing commercial center was approved by the Planning Commission as a Master Plan and was specific to square footage and parking numbers as required under the Atwater Municipal Code.
Because of this, any changes to the commercial center would normally require reconsideration by the Planning Commission to be approved. However, the developer for the project is proposing the development of an underground detention system which will fully replace the existing basin at a one-to-one ratio as required. The proposed underground detention system will be built under the existing commercial center site, outside of the proposed parcel and will temporarily affect parking while under construction. No structures will be affected by the proposed detention system and all parking will be fully replaced to its original condition or better by the developer.
Figure 1
Agenda Report - Adoption of an Ordinance Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 3
Description of Surrounding Uses: The parcels immediately to the north and the east of the subject property are zoned Planned Development (PD-14). The parcel to the west of the subject property are zoned Low Density Residential (R-1) and the parcels to the south of the subject property are zoned Low Density Residential (R-1) and Residential Transition (R-T).
Land Use Designation: The subject property has a land use designation of Commercial (See Figure 2) and is zoned as Planned Development (PD-14). The applicant is requesting a zone change from Planned Development (PD-14) to General Commercial (C-G), which will remain consistent with the existing land use designation.
Commercial land uses are intended to accommodate a wide range of commercial activities ranging from regional commercial facilities to general and neighborhood commercial uses. Establishments may range from retail to service and entertainment uses. Further, the land use allows development to occur as a single structure, group of commercial uses, or regional mall type facility. The Project is proposed to facilitate the development of a single tenant commercial building that would be consistent with the land use designation.
Figure 2
Agenda Report - Adoption of an Ordinance Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 4
Zoning: The subject property is zoned Planned Development (PD-14) (See Figure 3) and is intended for any and all types of land uses consistent with the underlying General Plan land use designation for the property. The Project is requesting a zone change to General Commercial (C-G) which is consistent with the existing land use designation.
The General Commercial (C-G) zone district was established to provide a location for the retail, wholesale, and heavy commercial uses and services necessary within the City, but not suited to other lighter commercial zone districts. A zone change to General Commercial (C-G) supports the proposed use for a coffee shop.
Figure 3
Agenda Report - Adoption of an Ordinance Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 5
II. FISCAL IMPACTS:
No negative fiscal impacts are anticipated. 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:
Under section 17.44.010 of the A.M.C – PD-14 Planned Development District is intended to encourage development of properties into unified developments and ensuring development is consistent with any City Council adopted design guideline.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
An interdepartmental routing sheet was sent to all required departments and affected agencies for review and their comments and conditions have been incorporated.
Agenda Report - Adoption of an Ordinance Approving Zone Change No. 23-22-0300 changing the Zoning Designation from Planned Development (PD-14) to General Commercial (C-G) for the Property Located at APN: 150-190-036 (Interim City Manager Thompson) Page 6
VII. PUBLIC PARTICIPATION:
The public hearing was adequately noticed and advertised for the regularly scheduled City Council hearing.
VIII. ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act, the project is categorically exempt under guideline section 15332, Class 32, “Infill Development Projects.” This section states, “Class 32 consists of projects that are characterized as in-fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services.
Furthermore, no new change in the surrounding area has occurred that would contribute to findings that would be considered significant or represent a major change to the physical environment.
IX. STEPS FOLLOWING APPROVAL:
Following the adoption of Ordinance No. CS 1067 the City Clerk's office will handle for final processing.
Submitted and Approved by:
Greg Thompson, Interim City Manager
Attachments:
1. ORDINANCE CS 1067
CITY COUNCIL
OF THE
CITY OF ATWATER
ORDINANCE NO. CS 1067
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING ZONE
CHANGE NO. 23-22-0300 CHANGING THE
ZONING DESIGNATION FROM PLANNED
DEVELOPMENT (PD-14) TO GENERAL
COMMERCIAL (C-G) FOR PROPERTY LOCATED
AT APN: 150-190-036.
WHEREAS, at a duly noticed public hearing held on February 21, 2024, the Planning Commission of the City of Atwater recommended the City Council approve Zone Change No. 23-22-0300 to change the zoning designation from Planned Development (PD-14) to General Commercial (C-G) for the property located at APN: 150-190-036; and,
WHEREAS, the Planning Commission of the City of Atwater made the recommendation to the City Council to amend the zoning for this project); and, WHEREAS, the proposed Zone Change No. 23-22-0300 would not have a detrimental effect on the health, safety, and welfare of the neighborhood nor have any adverse effect on the community; and
WHEREAS, pursuant to the California Environmental Quality Act, the project is categorically exempt under guideline section 15332, Class 32, “Infill Development Projects,” as no new change in the surrounding area has occurred that would contribute to findings that would be considered significant or represent a major change to the physical environment; and
WHEREAS, the City Council finds that the following findings can be made for Zone Change No. 23-22-0300, and a CEQA Class 32 Categorical Exemption in support of the Project:
1. The proposed zone change from Planned Development to General Commercial is consistent with the City’s General Plan and will allow for development of this and future uses which are attractively designed and consist of a mix of commercial uses.
2. The Project underwent CEQA review and is a categorically exempt infill project determined not to have a significant effect on the environment.
3. The public hearing for this Project has been adequately noticed and advertised.
Ordinance No. CS 1067 Page 2
4. Adoption of the ordinance will not have a detrimental effect on the health, safety, and welfare of the neighborhood or any adverse effects on the community.
NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:
Section 1: Pursuant to Section 17.44.060 (D)(1) of the Atwater Municipal Code, the City Council of the City of Atwater does hereby amend the zoning map of the City and approves Zone Change No. 23-22-0300 to reflect APN: 150-190-036 General Commercial (C-G) subject to the development standards as adopted for this district and further pursuant to provisions of said code section referenced above do serve notice of the following conditions to any prospective property owner of the limitations of this entitlement as follows:
BUILDING:
1. All off-site improvements plans shall be prepared by a registered civil engineer and shall be submitted to the City Engineer for review and approval. The improvements shall be designed and placed to the City of Atwater standards and specifications.
2. Prior to issuance of a Building Permit a landscape and irrigation plan shall be designed by a registered landscape designer.
3. If property is located within a FEMA flood zone. Prior to approval of a grading plan, the developer shall apply to FEMA and receive a Letter of Map Amendment (LOMA) issued from FEMA. The developers engineer shall provide the required supporting data to justify the application.
4. All plan submittals and calculations and all other required documentation shall be submitted to the Building Division. Documents will be routed to proper departments for review and also sent out to third party plan checking services.
5. Apply for a permit application in person or online.
6. Plan Check fee payment (based on valuation of the project) contact Building Division
7. Five (5) sets of plans including three (3) wet stamped by a registered California Design Professional, unless noted accordingly per the “Professional Engineers Act” of 2001.
Ordinance No. CS 1067 Page 3
8. Three (3) sets of Energy, Structural, or Truss Calculations, Soils Report, California Green Code Documents, Special Inspection form (filled out by designer), Waste Management Plan and any other applicable calculations/specifications or documents.
9. Building plans shall reflect the most recent California Building Codes (Title 24) which consist of the Building Code volume 1 & 2, Wind Speed: Risk Category I:
100, Category II: Vult 110, Vasd 85, Category III Vult 115, Vasd 85 a. Wind Exposure: B Urban and Suburban, C in any quadrant for a distance of more than 600 feet
b. Seismic Design Category: DO
c. Weathering: Negligible, Winter design temp. 25 degrees F d. Air Freezing Index: 1500, mean annual temp 60 degrees F
10.Green Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Code including Appendix C, Appendix D, Appendix I, Appendix J, California Energy Commission requirements, State and Federal Accessibility requirements, Atwater Municipal Codes (AMC), requirements from Atwater Fire
11.Department, Engineering, Planning and Public Works Departments respectively.
12.Once plans are approved by the City of Atwater the Building Division will contact the applicant with fee totals and approximate time when plans will be ready for pick up.
13.Building Permits cards and city approved plans and calculations shall be on site at all times when an inspection is called in.
14.The construction site shall have an address posted that will be easy for inspectors and emergency services to see.
ENGINEERING:
15.The developer shall provide and show on the site Plan all necessary easements for access, streets, alleys, sewer and water facilities, utilities and drainage facilities, irrigation facilities and other facilities as requested by the City. Utility easements shall be a minimum of a clear fifteen feet (15') for one utility and a clear twenty feet (20') for two or more utilities or as specified by basic engineering design guidelines. Easements shall not be split between property lines unless determined otherwise by the City Engineer. The easement widths
Ordinance No. CS 1067 Page 4
identified are minimums and in certain circumstances, additional easement widths may be required as determined by the City Engineer.
16.The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees and other public entity fees in effect at the time of the issuance of the applicable permit.
17.The Developer shall submit a building permit application package which shall include grading plans, a permit application, and plan check and inspection fees and deposits to the Community Development Department. Grading plans shall be approved prior to or concurrently with the approval of the Improvement Plans.
18.The Developer shall provide joint trenching for telephone, gas, electric, and cable TV service for the Development in a combined utility plan submitted with the Building Permit.
19.Meters, hydrants, poles, etc. shall be located clear of the sidewalk and driveways or as determined by the City Engineer. Final locations and the number of such facilities shall be determined at the time the improvement plans are reviewed.
20.All improvements, public and private, shall be designed and constructed in accordance with the most recent edition of the City of Atwater Improvement Standards and Specifications and the most recent edition of the Caltrans Standard Plans and Specifications, all applicable federal, state, and local ordinances, standards, and requirements. Should a conflict arise, the governing specification shall be determined by the City Engineer.
21.Developer shall repave frontage area of Bellevue Road to the half section of the roadway. The design and construction of all frontage improvements shall be at the developer's sole expense and shall be constructed prior to issuance of any certificate of occupancy.
22.In addition to otherwise applicable development fees, if the subject property is located within an existing or a proposed Benefit District, the developer shall pay the Benefit District fee as set forth in the Engineer’s Report for the applicable Benefit District. Fees shall be charged and paid at the time of building permit issuance. The fees may be adjusted over time according to an index approved by City Council or as allowed by law.
23.The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.
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24.The project shall establish or annex into an existing Community Facilities District for the on-going Public Services operations including Fire and Police services.
25.The project shall establish or annex into an existing Lighting and Drainage District along with a Landscaping Maintenance District for the on-going maintenance of project lighting, open space areas and any proposed common landscape areas such as parks, landscape medians and parkway strips.
26.An encroachment permit shall be required for any construction to be done in the public right of way or in easements. Please note for any public improvement required sufficient warranty may be required by the city. The encroachment permit shall be obtained prior to the start of said work. The permit fees shall be determined per the current adopted Miscellaneous Fee Schedule.
27.Where the finished grade of the property is in excess of twelve inches (12") higher or lower than the abutting property or adjacent lots, a retaining wall or other suitable solution acceptable to the City Engineer shall be required, and any fence or wall shall be measured from the top of grade on the lower side of the retaining wall or slope. Retaining walls shall be shown on grading plans, shall be structurally engineered if over four (4) feet in height (from base of foundation to top of wall), including surcharge, and will require a separate building permit.
28.The developer shall coordinate all grading and improvements with adjacent property owners to the satisfaction of the City if required due to an encroachment. Any grading or drainage onto adjacent properties shall require written approval of those property owners affected, with said approval provided to the City Engineer.
29.All broken, cracked or otherwise damaged public improvements, such as curb, gutter, and sidewalk, shall be saw cut, removed and replaced in accordance with applicable city standards to the satisfaction of the City Engineer.
30.For the proposed on-site improvements and off-site improvements, the developer shall cause Improvement Plans to be prepared. The plans shall be prepared by a Licensed Civil Engineer or under his/her direction. The plans shall be prepared on 24" X 36" plan sheets and to a reasonable scale. The plans shall be in a format to be approved by the City Engineer and shall show all of the proposed grading and on-site and off-site improvements for the proposed development.
The title of the plan shall be shown at the top of Sheet No. 1. Sheets shall be numbered in consecutive order. An index showing the sheets contained within
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and as a part of the Site Improvement Plan shall be shown on Sheet 1. Separate On-Site and Off-site Improvement plan sets shall be submitted for City review.
31.Prior to occupancy, the developer shall supply the City with both hardcopy and electronic (Adobe PDF and AutoCAD file formats) showing plans that reflect the project as it was built (As-Builts or Record Drawings) to the satisfaction of the City Engineer. Off-Site Improvement Plans hardcopy shall be on 4-mil minimum thickness translucent mylar film.
32.The developer shall install water services to the proposed development.
Individual water services shall be provided for potable, landscape, and fire protection purposes, of adequate size for the proposed development. All services shall be metered.
33.Developer shall install a reduced pressure principle (RPP) backflow device for potable water and an approved backflow device for irrigation water. All services shall be metered, a Sensus “Flex-Net” radio read meter shall be used. Services shall include a backflow prevention device enclosure, mounted on a concrete pad. The RPP device shall include unions on both riser pipes for easier maintenance. RPP devices shall be shown on the Site Improvement Plan including brand names and types.
34.All utility trenches or excavations shall be excavated, backfilled, and compacted in accordance with applicable City Standards and with any conditions for paving structural sections included within this resolution.
35.Applicant shall abandon and remove from the site any existing irrigation lines and other structures found. Lines shall be plugged at the property line with concrete.
36.Any water wells found during construction shall be destroyed and/or demolished in accordance with approved City Standards, requirements, and/or permits.
37.Site design and construction shall include the detention of storm water runoff.
Storm drainage facilities in the project area discharge into facilities of the Merced Irrigation District (MID). If necessary, Owner will enter into “Storm Drainage Agreement with the MIDDID No. 1,” paying an annual maintenance fee and any connection fees as established by the MIDDID No. 1 Board of Directors and as collected by MIDDID No. 1 and on the Merced County Tax Rolls. Existing flows and flows from proposed development are to be part of the storm drainage calculations for the development to be submitted to the City Engineer.
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38.Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement or public street.
39.Hydrologic and hydraulic calculations for determining the storm system design, with water surface profile and adequate field survey cross section data, shall be provided satisfactory to the City Engineer, or verification shall be provided that such calculations are not needed. Applicant shall be required to detain the full runoff volume of a 100-year 24 hour storm event for the existing planned Development or Applicant shall replace the detention basin capacity at a 1 to 1 compensatory replacement of the pre-existing capacity (55,348 cubic feet).
Infiltration surface area must be equal or greater than infiltration area of the preexisting storm detention basin.
40.Developer shall provide for a drainage system capable of handling and disposing of all surface water originating within the Development and all surface water that may flow onto the Development from adjacent lands. Said drainage system shall include any easements and structures required by the City Engineer to properly handle the drainage and shall be designed so as to prevent ponding of surface water that would create a public health hazard or nuisance.
41.Developer shall comply with Chapter 13.22 of the Atwater Municipal Code "Storm Water Management and Discharge Control" and with the City of Atwater Post Construction Standards Plan.
42.Developer shall process a Post-Construction Stormwater BMP Operation and Maintenance Plan for review and approval to the satisfaction of the City Engineer. Applicant shall comply with the provisions of the City of Atwater PostConstruction Standards Plan.
43.Owner shall execute any agreements identified in the Post-Construction Standards Plan that pertain to the transfer of ownership and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs to the satisfaction of the City Engineer and the Director of the Community Development Department.
44.Developer shall ensure finished pad elevations are at a minimum one foot above the 100-year (1% chance) base flood elevation as shown on the latest Federal Emergency Management Agency (FEMA) floodplain maps for Merced County, California. The developer shall be responsible for all necessary activities, applications, documentation, and costs to amend floodplain maps for their development [Letter of Map Amendment Revision (LOMAR)], and for obtaining a Floodplain Permit from the Community Development Director for all projects on
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parcels identified in a Zone “A” on the FEMA Flood Insurance Rate Maps for the City of Atwater. Application for LOMAR shall be prepared and submitted by the developer prior to grading permit issuance or final map approval, whichever occurs first.
45.Detailed plans reflecting the design and construction of all public infrastructure improvements for street, sewer, water, and storm drain, both on- and off-site, shall be in conformance with the adopted Infrastructure Master Plans and as directed by the City Engineer. Developer shall have written approval from the City Engineer for any variations from the City’s Master Plans prior site plan approval.
46.Ensure that the site allows for the maneuverability of fire trucks, refuse vehicles, and any emergency service vehicles around the entirety of the site. Permanent site furnishings shall be installed to maintain sufficient clearance for emergency vehicular turnaround where designated on plan.
47.All fire apparatus access lanes on the site plan shall be dimensioned to ensure their locations and clearances meet the 2022 California Fire Code requirements for the proposed building height. Applicant shall provide a swept path turning analysis based on City of Atwater ladder truck apparatus for review and approval by the Engineering Division and Atwater Fire department prior to preparation and submittal of any site improvement plans.
48.Where applicable, NO PARKING – FIRE LANE signage and/or marking(s) shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof.
49.Developer to provide sewer loading calculations and report for the development.
50.Any septic systems found during construction shall be destroyed in accordance with approved Merced County Environmental Health requirements.
51.Developer shall properly abandon or relocate all utilities as necessary or required.
52.Developer shall comply with the requirements of all public utility companies.
53.All underground utilities shall be installed in conformance with existing City policy including without limitation the City of Atwater Subdivision and Zoning Ordinances.
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54.The installation (if required) of all gas, electric, sewer, and water lines and any other below-surface utilities is to take place before the construction of any concrete curbs, gutters, sidewalks, and the surfacing of streets.
55.Developer shall install off-street improvements in improvement plans approved by the City Engineer to provide safe traffic conditions.
56.Applicant shall comply with all requirements of the San Joaquin Valley Air Pollution Control District (SJVAPCD).
57.The project shall be in compliance with the most recent Americans with Disabilities Act (ADA) regulations.
58.Sight distance requirements at all street intersections shall conform to City Standards.
59.The applicant shall submit a geotechnical report together with improvement plans to the City Engineer for review and approval. The report shall include the information and be in the form as required by the City Engineer and all applicable codes.
60.Developer shall submit three (3) sets of landscaping and irrigation plans to be reviewed and approved by the City of Atwater Public Works Division. Said plans shall be prepared by a landscape architect licensed in the State of California. All landscaped areas shall be equipped with seven-day automatic irrigation systems with battery back-up. All landscaping shall always be maintained and said maintenance shall be the responsibility of the developer. Specific landscaping for screening shall have an appearance of mature growth subject to a field check and approval by the Community Development Director prior to Certificate of Occupancy.
61.The developer shall plant shade trees along street frontage in accordance with the 2017 Urban Forest Master Plan.
62.All slope banks in excess of two (2) feet in vertical height shall be landscaped and irrigated for erosion control and to soften their appearance as follows:
63.one 15-gallon or larger size tree per each 150 sq. ft. of slope area, one 1- gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover 12-24 inches on-center. In addition, slope banks in excess of five (5) feet in vertical height also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and
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vary slope plane. Slope planting required by this condition shall include a permanent irrigation system to be installed by the developer prior to occupancy.
64.All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to ensure continued regular watering of landscape areas, and health and vitality of landscape materials.
65.Final inspection for occupancy permits will not be granted until all construction and landscaping are complete in accordance with approved plans.
66.The Developer shall construct, to the satisfaction of the Director of the Department of Public Works, a public street lighting system that complies with the following conditions:
a. All fixtures shall use an LED light source.
b. All light standards, heads, and spacing shall be per City Standards.
Proposed lights of an ornamental nature shall not exceed 16 feet in height designed to the satisfaction of the Community Development Director and shall be spaced and located to the satisfaction of the City Engineer. c. Deposit with the City of Atwater, through the Department of Public Works, a cash deposit sufficient to:
i. Energize, maintain, and operate the street lighting system until tax revenues begin accruing from the Development for those purposes. ii. Pay the cost to process lighting district administration of this project.
67.Applicant shall submit a complete area water pressure availability study for the Project prior to approval of improvement plans. If the study indicates that the present system is inadequate, Applicant must provide water system modelling prepared with a software simulation program that identifies any remedial action necessary to abate the deficiency and shall submit improvement plans for plan check and take all necessary actions at the applicant’s expense.
68.Applicant shall submit a study addressing on- and off-site storm water and/or sewer system capabilities. If the study indicates that the present systems are inadequate, Applicant must provide improvement plans and calculations for additional or upgraded storm water and/or sanitary sewer facilities, including offPage 245 of 248 Ordinance No. CS 1067 Page 11
site improvements, to correct storm water run-off and sanitary sewer demands anticipated for upstream build-out in accordance with the Atwater General Plan, and take all necessary actions at the applicant’s expense.
69.6-inch (6”) high Portland Cement Concrete curbing shall be provided between all paved areas and landscaped areas. In addition, curbing between the length of any parking space and a landscaped area shall include a 12” wide “courtesy curb.” Curb cuts shall be allowed for LID drainage designs.
70.All Conditions of Approval for this project shall be written by the project developer on all building permit plan check sets submitted for review and approval. These Conditions of Approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the project developer to ensure that the project contractor is aware of, and abides by, all Conditions of Approval.
Prior approval from the Community Development Director must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.
PLANNING:
71.The Planning Commission shall retain the right to reconsider Tentative Map No. 23-22-0100 and Site Plan No. 23-22-0200.
72.Applicant shall comply with all Commercial Design Guidelines. Minor changes to the architectural style or square footage shall be reviewed and approved by the City Planner.
73.All on-site graffiti shall be the responsibility of the property owner. All graffiti shall be abated in accordance with City Graffiti Ordinances.
74.Applicant shall comply with all the conditions of approval prior to issuance of a business license.
75.Applicant shall comply with all conditions of the Merced County Division of Environmental Health, including the handling of all potentially hazardous material.
76.If any construction is to occur associated within the project boundary the applicant shall submit Tenet Improvement (T.I.) plans to address the changes to the interior of the building. Plans shall be generated by an Architect or Engineer licensed within the State of California.
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77.The parcel map shall not be recorded until authorization is given by the City Council for the City Clerk to sign the parcel map.
78.Applicant shall submit a sign application prior to installation of all proposed signs to be installed on buildings or onsite shall be reviewed and approved by the City.
79.The site of the business shall always be kept clean and free of litter. Trash and garbage shall be removed from the site at the end of each day.
80.The applicant shall secure and comply with all applicable federal, state, and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.
81.This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, and Planning Commission as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents, or presentations is subject to review and approval prior to implementation.
82.The applicant or applicant’s successor in interest shall indemnify and defend and hold harmless the City of Atwater, its agents, officers and employees from any and all claims, actions, or proceedings against the City of Atwater, its agents, officer and employees to attack, set aside, void or annul any approval by the City of Atwater and its advisory agency appeal board or legislative body concerning this application, which action is brought within applicable statutes of limitation.
The City of Atwater shall promptly notify the applicant or applicant’s successor in interest of any claim or proceedings and shall cooperate fully in the defense. If the city fails to do so, the applicant or applicants’ successor in interest shall not thereafter be responsible to defend, indemnify or hold the City harmless. This condition may be placed on any plans or other documents pertaining to this application.
POLICE:
83.Any external electricity is secured to prevent theft of utilities.
84.Addition of adequate lighting to prevent unwanted access or camping on the property.
85.Any external water is secured to prevent theft of utilities.
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Section 2: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Atwater hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
Section 3: This ordinance shall take effect and be in force thirty (30) days after the date of its passage, and the City Clerk shall certify the adoption of this ordinance and shall cause the same to be published in accordance with State law.
INTROUDCED: March 11, 2024
ADOPTED:
AYES: Cale, Ambriz, Raymond, Nelson
NOES: None
ABSENT: Button
APPROVED:
__________________________________
MIKE NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK