Agenda packet — Folsom City Council, April 14, 2026 (part 6 of 11)

04/14/2026 Item No.16.

Folsom City Council
Staff Report

1 MEETING DATE:

4/14/2026
AGENDA SECTION:

Public Hearing
ITEM TITLE: Community Park West Alternative Site Development Agreement Amendments (DEVA26-00028):
i. Ordinance No. 1363 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First
Amended and Restated Tier 1 Development Agreement By
and Between the City of Folsom and Alder Creek West
Improvement Company, LLC, With Respect to Property
Previously Owned by Hillsborough North, LLC.
(Introduction and First Reading)
ii. Ordinance No. 1364 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First
Amended and Restated Tier 1 Development Agreement By
and Between the City of Folsom and Alder Creek West
Improvement Company, LLC, With Respect to Property
Previously Owned by Prairie City Commercial Properties, LLC. (Introduction and First Reading)
iii. Ordinance No. 1365 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First
Amended and Restated Tier 1 Development Agreement By
and Between the City of Folsom and Alder Creek West
Improvement Company, LLC, With Respect to Property
Previously Owned by West Hillsborough Investors, LLC.
(Introduction and First Reading)
This request does not include any changes to the zoning or allowed uses on the specified parcels and subsequent land use approvals are required before any development can occur on the sites which are the subject of this request. Therefore, this request is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

FROM: Community Development Department

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2 RECOMMENDATION / CITY COUNCIL ACTION
Conduct a public hearing and upon conclusion introduce and conduct the first reading of Ordinance No. 1363, Ordinance No. 1364, and Ordinance No. 136 5, uncodified ordinances approving amendments to three Development Agreements to desig nate new Alternate Sites for Community Park West.

BACKGROUND / ISSUE

History
The Folsom Plan Area Specific Plan (FPASP or Specific Plan), approved in 2011, is a development plan for over 3,500 acres of previously undeveloped land located south of Highway 50, north of White Rock Road, east of Prairie City Road, and adj acent to the Sacramento County/El Dorado County line in the southeastern portion of the City.

In 2011, the Folsom City Council entered into a “Ti er 1” Development Agreement with multiple property owners covering the entirety of the Specific Plan that laid out an initial set of agreements between the City and the property owners related to implementation of the Specific Plan. In 2014, the Folsom City Council then entered into a set of amended “Tier 1” Development Agreements between the City and most Specific Plan landowners, which replaced the original Development Agreement. These “Amended Tier 1” Development Agreements are known as the First Amended and Restated Tier One Development Agreements, or “A RDAs” for short. A separate ARDA was entered into with each property owner. Over the ens uing decade, amendments to most of the ARDAs have been approved, and some “Tier 2” project-level Development Agreements that layer on to the ARDAs have also been approved. However, t he ARDAs remain the base Development Agreement to which all future agreements refer.

One of the more substantial amendments in 2014 was to language related to the property known as Area 40, which is a portion of the Aerojet Rocke tdyne properties designated by the U.S.

Environmental Protection Agency (EPA) as a Superfund Site in 1983. Area 40 is designated under the FPASP as a mix of Open Space, Park, and Residen tial land uses. When the initial Tier 1 Development Agreements were approved, a provision r egarding this property was included that gave the City of Folsom the authority to rezone lan d within a specified area of the Specific Plan for use as a park, should the designated parkland w ithin the Area 40 site not be available when surrounding properties begin to develop. In the ARDAs, this provision was amended and expanded to include timing triggers and a specified “Alterna te Site” should the Area 40 parkland (now referred to as Community Park West) remain unavailable when the triggers are hit. Section 2.2.3.2 (Area 40 – Community Park West) of the ARDAs provid es the specific language, which in sum includes the following:
• Establishment of a designated Alternate Site, agree d to by the landowners and the city and depicted in Exhibit 2.2.3.2.
• Agreement that the Alternate Site shall not exceed the size of Community Park West (approximately 47.8 acres).
• Direction that the landowner or their successor in interest shall process Parcel Maps with their first land use application or submittal of a Specific Plan Amendment in the Community Park West service area separately delineating the Alternate Site and Community Park West, which shall include the granting of an Irrevocable Offer of Dedication to the City on both sites (IOD).

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3 • Agreement that the landowner or their successors in interest may develop all land around the Alternate Site and Community Park West site as outlined in the Specific Plan.
• A requirement that upon issuance of the 1,200th bui lding permit within the Community Park West service area outlined in the Sp ecific Plan either the Community Park West site will have regulatory clear ance for park use or that the City will accept the IOD on the Alternate Site for park use.

On April 9, 2025, Toll Brothers submitted a Vesting Small Lot Tentative Subdivision Map for 1,422 residential lots on approximately 464 acres in the western portion of the Specific Plan, called Toll Brothers at Alder Creek (Project No. MSTR25-00084). The Toll Brothers project planned for residential lotting on the designated Alternate Sit e, as regulatory clearance of the Area 40 site appeared imminent at the time of project submittal. However, the U.S. Environmental Protection Agency (EPA) subsequently stated that regulatory cl earance for the Area 40 site would not be granted before additional testing and remediation w ork was completed by the landowner. This is anticipated to take another two to three years.

City staff then informed Toll Brothers that the residential lotting shown for the Alternate Site could not move forward to hearing due to the ARDA restrictions. The overall project would have to be modified to retain the Alternate Site for potential future use as a park or a new Alternate Site within the Community Park West service area would have to be identified. Toll Brothers then worked with the city and the landowner to identify potenti al replacement Alternate Sites. Two sites were identified through a coordinated effort with the Ci ty Parks Department and Community Development Department and are being brought forwar d for consideration through these amendments.

Staff wish to note that the applicant, Alder Creek West Improvement Company, LLC, is the current landowner of the properties covered by the ARDA. Ho wever, the ARDA was not amended to reflect the ownership change. Instead, Alder Creek West Improvement Company, LLC recorded assignment and assumption agreements, as permitted in Section 7.11 of the ARDA to assume all responsibilities and benefits outlined in the ARDA. Staff have copies of the agreements and can provide them if requested. Due to various ownershi p changes over time, three separate amendments are required to cover all of the propert y at issue in this request, namely, the existing Alternate Site and the proposed Alternate Sites. A ll three amendments are amending one single ARDA, but each one covers a distinct geographic area, which is described and depicted in Exhibit A to each amendment. At the time the ARDA was signed, all property subject to this request was owned by Aerojet/Easton and all of it was subject t o one ARDA. Later, portions of the property were sold to different entities, each of which sign ed an assignment and assumption agreement to accept Aerojet’s interest in the ARDA for the speci fic portion of property being sold. More recently, Alder Creek West Improvement Company, LLC, the applicant here, purchased all of the property which is the subject of this request from the various landowners and signed multiple assignment and assumption agreements to assume the previous owners’ interest in the ARDA covering the property. As a result, multiple amendments are required to effectuate this change for all of the property that is the subject of this req uest. All the amendments included in this request contain the same terms and conditions, with the onl y differences relating to the specific property covered and the previous ownership history.

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4 Applicant Proposal
The applicant, Alder Creek West Improvement Company , LLC, is requesting amendments to the Tier One Amended and Restated Development Agreement Between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC and the Tier One Amended and Restated Development Agreement Between the City of Folsom an d Easton Valley Holdings, LLC. The proposed amendments are included as Attachments 4, 5, and 6 to this report. The purpose of the amendments is to designate new Alternate Sites for Community Park West, which is a community park planned under the Folsom Plan Area Specific Pl an (FPASP or Specific Plan) on an approximately 48-acre site in the western area of the Specific Plan. As outlined in the Background Section of this report, development agreements cove ring much of the Specific Plan include language delineating an Alternate Site for Communit y Park West due to the potential for the site to be unavailable for park use when required.

Changing the Alternate Site designation will be acc omplished by replacing Exhibit 2.2.3.2 of the Development Agreements, which is a map showing the location of the Alternate Park Site.

Currently, Exhibit 2.2.3.2 delineates a portion of the applicant’s property on the east side of Oak Avenue Parkway, north of Mangini Parkway, as the Alternate Site. The Amendment would remove that land from consideration as the Alternate Site and instead designate as the Alternate Park Sites two areas at the northwest and southwest corners of the Specific Plan that would equal approximately 48 acres in total. The existing and p roposed Exhibits 2.2.3.2 are shown below. A note would be included that reserves up to 9.9 acre s for private development use on the northwestern site, based on the size of that parcel.

The current designated Alternate Site is approximately 47.8 acres, covering portions of FPASP Parcels 25 and 26. This area has land use designations of Single Family and Single-Family High Density. Park uses are permitted by right under both designations. However, Section 2.2.3.2 of the ARDAs states that even as the designated Alternate Site, use of them for Community Park West would require a Specific Plan Amendment and accompanying environmental review.

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5 Exhibit 1: Development Agreement Exhibit 2.2.3.2 (Existing)

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6 Exhibit 2: Development Agreement Exhibit 2.2.3.2 (Proposed)

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7 POLICY / RULE
Government Code Section 65864 et seq. allows cities to enter into development agreements with property owners to provide for greater certainty in development project review and the ability to move public facility improvements forward in a time ly manner. As the Legislative Body for the City of Folsom, the City Council will be the approv al authority for the requested Development Agreement Amendments, which will be done by uncodif ied Ordinance, pursuant to City Council Resolution No. 2370.

ANALYSIS
The applicant reviewed numerous options for a new A lternate Site with staff of the City Parks Department and Community Development Department. Th e following criteria were used by City staff to review the options and determine whether they were acceptable:

1. The Alternate Site or Sites must be equal in acreag e to the designated Community Park West site (48.1 acres) to ensure parkland dedicatio n remains consistent with Quimby regulations.

2. Park use must be permitted on the Alternate Site or Sites.

3. The Alternate Site or Sites must serve the western area of the Specific Plan anticipated for Community Park West, as shown in Figure 9.1 of the Specific Plan.

4. The Alternate Site or Sites cannot be designated Op en Space land unless other non-Open Space land is redesigned for Open Space in an equal amount to maintain Measure W Open Space requirements.

5. The Alternate Site or Sites cannot impact hardline preserve areas or require removal of oak woodland beyond that anticipated under the Specific Plan Environmental Impact Report/Environmental Impact Statement (EIR/EIS).

6. The Alternate Site or Sites must be large enough to be programmed for the active recreational uses and ancillary facilities anticipa ted for Community Parks in the Specific Plan.

Ultimately, the two Alternate Sites shown in the proposed amended Exhibit 2.2.3.2 were proposed by the applicant and determined by city staff to meet all the listed criteria:

1. The applicant was unable to identify a single site that met the city’s criteria, and so is proposing two sites. One site is 26.6 acres compris ing FPASP Parcel 11 (8.56 acres), and a portion of FPASP Parcel 12 (18.04 acres). The other site is a portion of FPASP Parcel 1 (21.5 acres). The two sites total 48.1 acres, equivalent to the current Community Park West site.

2. The two Alternate Sites are designated as Industria l, Single-Family High Density Residential (northern site), and Multi-Family Mediu m Density (southern site) under the Specific Plan. Park uses are permitted by right under both designations. As with the current Alternate Site, a Specific Plan Amendment and accom panying environmental review would be required to change the land use designation to Parks, which is required under the ARDA language.

3. The two Alternate Sites are both in the western por tion of the Specific Plan and can serve the same development area when considered together.

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8 4. The two Alternate Sites do not contain parcels designated as Open Space.

5. The two Alternate Sites do not impact hardline pres erve areas. Up to 10 acres of oak woodland could be affected on FPASP Parcel 1, howev er this impact was anticipated by the FPASP EIR/EIS and ultimately could be less depe nding on how the park and private development on the site are designed.

6. At the request of the City Parks Department, the ap plicant worked with a park planning consultant to diagram potential programming for bot h park sites, such as baseball fields, soccer fields, parking lots, and restrooms. Staff o f the Parks Department reviewed the diagrams and were comfortable that the programming for Community Park West could be accommodated by these two new sites, if both remained a minimum of 20 acres.

Staff support moving the designated Alternate Site as proposed. To be clear, the requested amendments do not change the land use designations for the subject parcels or relocate Community Park West. They only result in a change to the area that is required to be held under an Irrevocable Offer of Dedication (IOD) held by the city unless and until the Community Park West site receives regulatory clearance by the U.S. EPA. If the Commun ity Park West site becomes available as anticipated, the IOD would be rejected by the city and development of the sites could proceed as anticipated by the Specific Plan. Should there be a need to use the Alternate Sites for parkland, the city may accept the IOD. However, as mentioned in t his report, the ARDA language also states that the owner of the Alternate Sites (currently th e applicant) must process a Specific Plan Amendment to use the Alternate Sites as Parkland, r equiring a public hearing process and accompanying environmental review.

The Planning Commission considered this request at their March 18, 2026, hearing and voted to recommend approval to the City Council (6-0-1 absence).

FINANCIAL IMPACT
There is no financial impact on the General Fund.

ENVIRONMENTAL REVIEW
While park use is allowed under the land use design ations of the proposed Alternate Site parcels, a Specific Plan Amendment will be required before t hese parcels can be developed for use as parkland per the ARDA requirements. Accompanying environmental review will also be required.

Therefore, the requested amendments to the Developm ent Agreements are exempt from environmental review pursuant to CEQA Guidelines Section 10561(b)(3) because subsequent land use approvals are required before any park developm ent can occur on the sites which are the subject of this request, so it can be seen with cer tainty that there is no possibility that the activi ty in question may have a significant effect on the environment. No environmental review is required as a part of the application for amendments to the Development Agreements which are the subject of this public hearing.

ATTACHMENTS

1. Ordinance No. 1363- An uncodified ordinance of the City of Folsom approving

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9 Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek W est Improvement Company, LLC, with respect to property previously owned by Hillsborough North, LLC.

2. Ordinance No. 1364- An uncodified ordinance of the City of Folsom approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek W est Improvement Company, LLC, with respect to property previously owned by Prairie City Commercial Properties, LLC.

3. Ordinance No. 1365- An uncodified ordinance of the City of Folsom approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek W est Improvement Company, LLC, with respect to property previously owned by West Hillsborough Investors, LLC.

4. Tier One Amended and Restated Development Agreement Between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC

Submitted,

____________________________

PAM JOHNS
Community Development Director

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Attachment 1

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Ordinance No. 1363

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ORDINANCE NO. 1363

AN UNCODIFIED ORDINANCE OF THE CITY OF FOLSOM APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED TIER 1

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY,

LLC, WITH RESPECT TO PROPERTY PREVIOUSLY OWNED BY HILLSBOROUGH

NORTH, LLC

WHEREAS, a Final Environmental Impact Report/Environmental Impact Statement for the Folsom Plan Area Specific Plan was prepared and certified by the City Council on June 11, 2011, and the Sacramento Local Agency Formation Commission approved the City’s annexation of the Folsom Plan Area on January 18, 2012; and

WHEREAS, pursuant to the authority in Sections 65864 through 65869.5 of the Government Code, the City Council, following a duly noticed public hearing on June 28, 2011, approved the Tier 1 Development Agreement relative to the Folsom South Specific Plan (Tier 1 DA) for the development of the Folsom Plan Area by adopting Ordinance No. 1149 on July 12, 2011; and

WHEREAS, the ARDA includes a requirement for the landowners to designate an Alternate Site to be used in the event that the property designated in the Folsom Plan Area Specific Plan as Community Park West is unavailable for use as a park site when specified triggers are hit; and

WHEREAS, Alder Creek West Improvement Company, LLC is the landowner and successor in interest to Aerojet Rocketdyne, Inc. and Easton Development Company, LLC for the property which is the subject of this Ordinance; and

WHEREAS, the proposed Toll Brothers at Alder Creek project consists of the development of a 1,422-unit residential community on 464 acres located within the Folsom Plan Area, which includes the land currently identified in the ARDA as the Alternate Park Site; and

WHEREAS , the City, the landowner, and the developer of the Toll Brothers at Alder Creek project desire to amend the ARDA in order to relocate the designated Alternate Site for Community Park West, in order for development of the project to proceed ; and

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Ordinance No. 1363

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WHEREAS, the Planning Commission, at its regular meeting on March 18, 2026 , considered Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC, with respect to property previously owned by Hillsborough North, LLC , relative to the Alternate Site for Community Park West at a duly noticed public hearing as prescribed by law, and recommended that the City Council approve said Amendment No. 2; and

WHEREAS, all notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

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

SECTION 1 FINDINGS

A. The above recitals are true and correct and inc orporated herein by reference.

B. Amendment No .2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Hillsborough North, LLC (Amendment No. 2) is consistent with the objectives , policies, general land uses and programs
specified in the City’s General Plan and the Folsom Plan Area Specific Plan .

C. Amendment No. 2 is in conformity with public c onvenience, general welfare,
and good land use practices.

D. Amendment No. 2 will not be detrimental to the health, safety, and general
welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.

E. Amendment No. 2 will not adversely affect the orderly development of property
or the preservation of property values.

F. Amendment No. 2 has been prepared in accordanc e with, and is consistent with,
Government Code Sections 65864 through 65869.5, and City Council Resolution No. 2370.

G. All notices have been given at the time and in the manner required by State Law
and the Folsom Municipal Code.

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Ordinance No. 1363

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H. Pursuant to the applicable Amended and Restated Development Agreement, a Specific Plan Amendment and accompanying environmental review are required before the proposed Alternate Park Site parcels can be developed for use as Community Park West.

I. Amendment No. 2 is exempt from environmental review pursuant to CEQA Guidelines Section 15061(B)(3) because there is no possibility that the requested amendments may have a significant effect on the environment due to the fact that subsequent land use approvals and associated environmental review are required before the parcels at issue could be developed for use as Community Park West .

SECTION 2 APPROVAL OF AMENDMENT TO DEVELOPMENT

AGREEMENT

The Mayor is hereby authorized and directed to exec ute Amendment No. 2 to the First Amended and Restated Tier 1Development Agreem ent by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Hillsborough North, LLC, on behalf of the City after the effective date of this Ordinance.

SECTION 3 SEVERABILITY

If any section, subsection, sentence, clause, or p hrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, inva lid, or ineffective by any court of competent jurisdiction, such decision shall not affect the va lidity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Co uncil declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.

SECTION 4 EFFECTIVE DATE

This ordinance shall become effective thirty (30) d ays from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on April 14, 2026 and the second reading oc curred at the regular meeting of the City Council on April 28, 2026.

On a motion by Councilmember seconded by Counci lmember , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this April 28, 2026, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

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Ordinance No. 1363

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ABSTAIN: Councilmember(s):

_______________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

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Attachment 2

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Ordinance No. 1364

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ORDINANCE NO. 1364

AN UNCODIFIED ORDINANCE OF THE CITY OF FOLSOM APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED TIER 1

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY,

LLC, WITH RESPECT TO PROPERTY PREVIOUSLY OWNED BY PRAIRIE CITY

COMMERCIAL PROPERTIES, LLC

WHEREAS, pursuant to the authority in Sections 65864 through 65869. 5 of the Government Code, the City Council, following a duly noticed public hearing on May 27, 2014, approved the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC relative to the Folsom South Specific Plan (ARDA) by adopting Ordinance No. 1207 on June 10, 2014; and
WHEREAS, the ARDA includes a requirement for the landowners to designate an Alternate Site to be used in the event that the property designated in the Folsom Plan Area Specific Plan as Community Park West is unavailable for use as a park site when specified triggers are hit; and

WHEREAS, the Planning Commission, at its regular meeting on March 18, 2026 ,
considered Amendment No. 2 to the First Amended and Restated Tier 1 Development

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Ordinance No. 1364

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Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLCwith respect to property previously owned by Prairie City Commercial Properties, LLC, relative to the Alternate Site for Community Park West at a duly noticed public hearing as prescribed by law, and recommended that the City Council approve said Amendment No. 2; and

WHEREAS, all notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

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

SECTION 1 FINDINGS

A. The above recitals are true and correct and inc orporated herein by reference.

B. Amendment No .2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Prairie City Commercial Properties, LLC (Amendment No. 2) is consistent wit h the objectives, policies, general land uses and programs
specified in the City’s General Plan and the Folsom Plan Area Specific Plan .

C. Amendment No. 2 is in conformity with public c onvenience, general welfare,
and good land use practices.

E. Amendment No. 2 will not adversely affect the orderly development of property
or the preservation of property values.

F. Amendment No. 2 has been prepared in accordanc e with, and is consistent with,
Government Code Sections 65864 through 65869.5, and City Council Resolution No. 2370.

G. All notices have been given at the time and in the manner required by State Law
and the Folsom Municipal Code.

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Ordinance No. 1364

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SECTION 2 APPROVAL OF AMENDMENT TO DEVELOPMENT

AGREEMENT

The Mayor is hereby authorized and directed to exec ute Amendment No. 2 to the First Amended and Restated Tier 1Development Agreem ent by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Prairie City Commercial Properties, LLC, on behalf of the City after the effective date of this
Ordinance.

SECTION 3 SEVERABILITY

SECTION 4 EFFECTIVE DATE

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on -April 14, 2026 and the second reading o ccurred at the regular meeting of the City Council on -April 28, 2026.

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

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Ordinance No. 1364

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ABSTAIN: Councilmember(s):

_______________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

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Attachment 3

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Ordinance No. 1365

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ORDINANCE NO. 1365

AN UNCODIFIED ORDINANCE OF THE CITY OF FOLSOM APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED TIER 1

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY,

LLC, WITH RESPECT TO PROPERTY PREVIOUSLY OWNED BY WEST

HILLSBOROUGH INVESTORS, LLC

WHEREAS, the Planning Commission, at its regular meeting on March 18, 2026 ,
considered Amendment No. 2 to the First Amended and Restated Tier 1 Development

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Ordinance No. 1365

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Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by West Hillsborough Investors, LLC, relative to the Alternate Site for Community Park West at a duly noticed public hearing as prescribed by law, and recommended that the City Council approve said Amendment No. 2; and

WHEREAS, all notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

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

SECTION 1 FINDINGS

A. The above recitals are true and correct and inc orporated herein by reference.

B. Amendment No .2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by West Hillsborough Investors, LLC (Amendment No. 2) is consistent with the object ives, policies, general land uses and programs
specified in the City’s General Plan and the Folsom Plan Area Specific Plan .

C. Amendment No. 2 is in conformity with public c onvenience, general welfare,
and good land use practices.

E. Amendment No. 2 will not adversely affect the orderly development of property
or the preservation of property values.

F. Amendment No. 2 has been prepared in accordanc e with, and is consistent with,
Government Code Sections 65864 through 65869.5, and City Council Resolution No. 2370.

G. All notices have been given at the time and in the manner required by State Law
and the Folsom Municipal Code.

H. Pursuant to the applicable Amended and Restated Development Agreements, a Specific Plan Amendment and accompanying environmental review are required before the proposed Alternate Park Site parcels can be developed for use as Community Park West.

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Ordinance No. 1365

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SECTION 2 APPROVAL OF AMENDMENT TO DEVELOPMENT

AGREEMENT

The Mayor is hereby authorized and directed to exec ute Amendment No. 2 to the First Amended and Restated Tier 1Development Agreem ent by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by West Hillsborough Investors, LLC, on behalf of the City after the effective date of this
Ordinance.

SECTION 3 SEVERABILITY

SECTION 4 EFFECTIVE DATE

On a motion by Councilmember seconded by Counci lmember , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this -April 28, 2028, by the following roll-call vote:

AYES:

Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

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Ordinance No. 1365

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_______________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

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Attachment 4

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Folsom City Council
Staff Report

1 MEETING DATE:

4/14/2026
AGENDA SECTION:

New Business
ITEM TITLE: Ordinance No. 1367 – An Ordinance of the City of Folsom Amending Chapters 13.03, 13.04, 13.08, 13.12, 13.16, 13.20, and

13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System
Regulations (Introduction and First Reading) and Determination that the Project is Exempt from CEQA

FROM: Utilities Department

RECOMMENDATION / CITY COUNCIL ACTION

The Utilities Department staff recommend that the City Council:

1. Introduce and conduct the first reading of Ordinance No. 1367 – An Ordinance of the City of Folsom Amending Chapters 13.03, 13.04, 13.08, 13 .12, 13.16, 13.20 and 13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System Regulations; and

2. Determine that the Project is Exempt from CEQA.

BACKGROUND / ISSUE

The Folsom Municipal Code was initially adopted by the City of Folsom in 1973 consistent with and incorporating reference to several State Government Code sections governing local authority, police powers, and procedures. Over the last 53 ye ars, the Folsom Municipal Code has been amended numerous times annually to reflect legislat ive changes, policy changes, administrative changes, and local preferences.

City staff identified minor code clean up items within Chapters 13.03, 13.04, 13.08, 13.12, 13.16,

13.20, and 13.25 of the Folsom Municipal Code that should be updated to remove outdated references or antiquated provisions, and/or to refl ect current best practices. This code cleanup

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2 pertains to the sanitary sewer collection system an d is designed to establish an effective and efficient sanitary sewer collection system, minimize the number of Sanitary Sewer Spills, protect and uphold public health and safety, and recognize the importance of clean water.

These items are listed and described briefly in the analysis section, and incorporated with specific language changes in track changes in the attached Ordinance.

POLICY / RULE

Pursuant to Chapter 1.01 (Code Adoption), the Folso m Municipal Code (FMC) was adopted by Ordinance 297 in 1973. Any subsequent amendment to the Folsom Municipal Code must also be adopted by Ordinance. Proposed Amendments to Title 13 do not require public hearing.

ANALYSIS

This section of the report lists and summarizes the staff-recommended code clean up items in the Folsom Municipal Code Chapters 13.03, 13.04, 13.08, 13.12, 13.16, 13.20, and 13.25. Amending these Chapters will bring the FMC into compliance with the State Water Resources Control Board adopted Statewide Waste Discharge Requirements (WDR ) General Order for Sanitary Sewer Systems (Order WQ 2022-0103-DWQ), as well as the Re gional Water Quality Control Board Requirements. These recommended changes will also comply with the requirements of the City’s Sewer System Management Plan (SSMP). The City Coun cil has been provided with a redline version to more easily identify the changes recommended (see attachment).

Key features of the revised ordinance include:
- Revised and expanded definitions
- Reassigned responsibility from the Environmental an d Water Resources Director to the City Manager and his or her designees
- Updated references to various City Departments with their current department names - Updated references to other agencies with their current agency names - Incorporated new requirements for the Pipe Blockage Control Program - Modified requirements of connecting to the public sanitary sewer collection system

Chapters affected by this municipal code update include:

- Chapter 13.03: Regulations to Prohibit and Control the Discharge of Fats, Oils, Grease, Rags and Debris into the Sanitary Sewer Collection System (Pipe Blockage Control Program)
- Chapter 13.04: Municipal Sewer System–Definitions
- Chapter 13.08: Municipal Sewer System–Regulations
- Chapter 13.12: Municipal Sewer System–Rental Regulations - Chapter 13.16: Septic Tanks, Cesspools and Privies–Definitions - Chapter 13.20: Septic Tanks, Cesspools and Privies–Regulations - Chapter 13.25: Sewer Connection Service Charges

FINANCIAL IMPACT

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3 This action has no direct financial impact on the City of Folsom.

ENVIRONMENTAL REVIEW

The proposed City Council action to adopt Ordinance No. 1367 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)(4) “Project” and Section 15061(b)(3) “Common Sense Exemption”. Under Section 15378, the action does not constitute a “project” under CEQA, as it pertains s olely to administrative or procedural matters that do not result in direct physical environmental changes. Furthermore, Section 15061(b)(3), the “common sense exemption”, applies because it can be determined with certainty that the adoption of this updated document will not lead to significant effects on the environment.

ATTACHMENT

Ordinance No. 1367 – An Ordinance of the City of Fo lsom Amending Chapters 13.03, 13.04,

13.08, 13.12, 13.16, 13.20, and 13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System Regulations

Submitted,

Marcus Yasutake, Director

UTILITIES DEPARTMENT

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Attachment 1

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Ordinance No. 1367

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ORDINANCE NO. 1367

AN ORDINANCE OF THE CITY OF FOLSOM AMENDING CHAPTERS 13.03, 13.04,

13.08, 13.12, 13.16, 13.20, AND 13.25 OF THE FOLSOM MUNICIPAL CODE

CONCERNING THE SANITARY SEWER COLLECTION SYSTEM AND MUNICIPAL

SEWER SYSTEM REGULATIONS

The City Council of the City of Folsom hereby does ordain as follows:

SECTION 1 PURPOSE

The purpose of this Ordinance is to amend Chapters 13.03, 13.04, 13.08, 13.12, 13.16,

13.20, and 13.25 of the Folsom Municipal Code (the “code”) pertaining to Sanitary Sewer Collection System and Municipal Sewer System Regula tions. Sanitary Sewer Collection System and Municipal Sewer System Regulations are designed to establish an effective and efficient sanitary sewer collection system, minimize the numb er of Sanitary Sewer Spills, protect and uphold public health and safety, and recognize the importance of clean water. Amending these Chapters will bring the FMC into compliance with th e State Water Resources Control Board adopted Statewide Waste Discharge Requirements (WDR ) General Order for Sanitary Sewer Systems (Order WQ 2022-0103-DWQ), as well as the Re gional Water Quality Control Board Requirements. These changes will also comply with the requirements of the City’s Sewer System Management Plan (SSMP).

SECTION 2 AMENDMENT TO CODE

Chapters 13.03, 13.04, 13.08, 13.12, 13.16, 13.20, and 13.25 of the Folsom Municipal Code is hereby amended to read as follows:

Chapter 13.03

REGULATIONS TO PROHIBIT AND CONTROL THE DISCHARGE OF FAT S, OIL S,

AND GREASE , RAGS AND DEBRIS INTO THE SANITARY SEWER COLLECTION

SYSTEM (PIPE BLOCKAGE CONTROL PROGRAM)
Sections:

13.03.010 Definitions.

13.03.020 Applicability.

13.03.030 Regulatory consistency.

13.03.040 Compliance disclaimer.

13.03.050 Administration.

13.03.060 Disclaimer of liability.

13.03.070 Permitted discharges.

13.03.080 Prohibited discharges.

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Ordinance No. 1367

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13.03.090 Grease control devices.

13.03.100 Conditional waiver.

13.03.110 Exception to allow alternative grease control device.

13.03.120 Maintenance of grease control devices.

13.03.130 Prohibition of food grinders.

13.03.140 Scope of inspections and monitoring.

13.03.150 Enforcement.

13.03.160 Penalties.

13.03.170 Enforcement procedures, notice to correct.

13.03.180 Abatement.

13.03.190 Regulatory actions.

13.03.200 Discontinuance of service.

13.03.010 Definitions.

As used in this chapter, the following words and ph rases shall have the meanings set forth below unless the context clearly indicates otherwise:

A. “City” means the
city City of Folsom.

B. “City council” means the city council of the city City of Folsom.

C. “City manager” means the city manager of the City of Folsom or his or her designee unless otherwise stated or indicated by context.

CD. “County” means the county County of Sacramento.

E. “Debris” means trash, gardening debris, sedim ent, unauthorized chemicals, construction materials, and any unauthorized materials not inten ded for disposal into the sanitary sewer collection system that may cause blockages.

F. “Director” means the City of Folsom director of the Utilities department or his or her designee unless otherwise stated or indicated by context.

DG
. “Discharge” means the release or placement of any sewage wastewater into the city sanitary sewer collection system.

EH. “Discharger” means any person or facility that discharges, or causes to discharge, either directly or indirectly, sewage wastewater into the city’s sanitary sewer collection system.

F. “Environmental and water resources director” means the director of the environmental and water resources department of the city of Folsom or as otherwise directed by the city manager or his or her designee.

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Ordinance No. 1367

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GI. “Fats, oils, and greases” or “FOG” means organ ic polar compounds derived from animal and/or plant sources that contain multiple carbon c hain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations 40 CFR 136 , as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”
HJ. “Food grinder” means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by-products for the purpose of disposing it in the city’s sanitary sewer collection system.

I.K. “Food service establishments” or “FSEs” means facilities that are dischargers and that prepare and/or package food or beverages for sale or consumption, on or off site, with the exception of private residences. FSEs include those establish ments primarily engaged in activities of preparing, serving, or otherwise making food available for consumption by the public such as food packagers, grocery stores, bakeries, restaurants, c ommercial kitchens, caterers, hotels, schools, hospitals, prisons, correctional facilities, and ca re institutions. Examples of food preparation activities utilized by FSEs include the following: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. FSEs also include any establ ishment using infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, nondrinkable food product in or on a receptacle that requires washing.

JL. “Garbage” means solid wastes from preparation, cooking, and dispensing of food, and from handling, storage and sale of food products.

KM. “Grease control device” means a grease interce ptor, grease trap or mechanical grease removal equipment approved by the Uu tilities director . environmental and water resources director.

LN. “Grease interceptor” means a large containment tank installed underground and designed to collect, contain or remove food wastes and grease p articles from the sewage wastewater prior to discharge into the sanitary sewer collection system . Grease interceptors primarily use gravity to separate FOG from the sewage wastewater as it moves from one compartment of the interceptor to the next.

MO. “Grease trap” means a device for separating an d retaining grease prior to the sewage wastewater exiting the trap and entering the sanitary sewer co llection system. Such traps are typically compact under-the-sink units that are near food preparation areas.

NP. “Grease waste” means waste removed from a grease control device.

OQ. “National Pollutant Discharge Elimination Syst em permit” or “NPDES permit” means a permit issued by either the Regional Board or the S tate Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370 ) of Division 7 of the Water Code to control discharges from point sources to waters of the United States.

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Ordinance No. 1367

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PR. “New construction” means construction of a new structure that will include an FSE or modification of an existing structure or portion of an existing structure to accommodate an FSE or change in type of FSE that will significantly increase the potential for FOG production.

QS. “Person” means any natural person as well as a ny corporation, partnership, public agency, trust, estate, cooperative association, joint ventu re, business entity or other similar entity, or the agent, employee or representative of any of the above.

RT. “Plumbing official” means the building officia l or city employee designated by the city manager and who administers and enforces the provis ions of the Uniform Plumbing Code. The plumbing official shall enforce the provisions of t he Uniform Plumbing Code within the boundaries of the city City of Folsom.

U. “Rags” means masks, dental floss, “flushable” and non-flushable wipes, diapers, rags, other paper, cloth, plastic products, and any unauthorize d materials not intended for disposal into the sanitary sewer collection system that may cause blockages.

SV. “Regional Board” means the California Regional Water Quality Control Board, Central Valley Region.

TW. “Renovation” or “remodeling” means a physical change to an existing FSE that requires a building permit and involves any one or a combination of the following:

1. Plumbing;

2. Ventilation system;

3. Electrical system;

4. Any change in the size or type of food preparation equipment; and/or

5. To the cooking or restaurant facility.

X. “SacSewer” means the Sacramento Area Sewer District.

UY. “Sanitary sewer collection system” means the c ity-owned systemnetwork that is designed to convey sewage, including but not limited to of pipes, manholes, laterals,and pump stations , siphons, wet wells, diversion structures, and/or ot her pertinent infrastructure, that convey wastewater upstream of the to SacSewerSRCSD facilities including:.  Laterals owned and/or operated by the City of Folsom
 Satellite sewer systems; and/or
 Temporary conveyance and storage facilities, includ ing but not limited to temporary piping, vaults, construction trenches, wet wells, i mpoundments, tanks and diversion structures.

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Ordinance No. 1367

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VZ. “Satellite sewer system” means a portion of a sanit ary sewer collection system owned or operated by a different owner other than the City o f Folsom. “Sanitary sewer overflows” (SSOs) means a condition whereby untreated sewage is disch arged to the environment, escaping wastewater treatment.

AA. “Sewage”, and its associated wastewater, mea ns untreated or partially treated domestic, municipal, commercial, and/or industrial waste (inc luding sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwa ter or groundwater, conveyed in the sanitary sewer collection system.

AB. “Spill” means a discharge of sewage from any portion of the sanitary sewer collection system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure.

W. “SRCSD” means the Sacramento Regional County Sanitation District. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)
AC. “Waters of the State” means surface waters o r groundwater within boundaries of the state as defined in Water Code section 13050(e), in which the State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions. Waters of the State include waters of the United States.

AD. “Waters of the United States” means surface waters or waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act.

AE. “Wastewater”, and its associated sewage, mea ns untreated or partially treated domestic, municipal, commercial, and/or industrial waste (inc luding sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwa ter or groundwater, conveyed in the sanitary sewer collection system. (Ord. 1367 § 2, 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (p art), 2007)

13.03.020 Applicability.

The provisions of this chapter shall be applicable to
anyone who directly or indirectly discharges
rags, debris, or FOG-producing material into the ci ty’s sanitary sewer collection system. This includes but is not limited to all FSEs , and other FOG-producing commercial/industrial businesses , municipalities, schools, residents, etc. located within the incorporated area of the city that discharge either directly or indirectly into the ci ty’s sanitary sewer collection system . ( Ord. 1367 § 2 (part) 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.030 Regulatory consistency.

The provisions of this chapter shall take precedenc e over and are controlling with respect to any conflicting or inconsistent provisions in this code. (
Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part),
2015: Ord. 1071 § 2 (part), 2007)

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Ordinance No. 1367

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13.03.040 Compliance disclaimer.

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements related to sanitary sewers or industrial/commercial/retail waste discharge. (
Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part),
2015: Ord. 1071 § 2 (part), 2007)

13.03.050 Administration.

Except as otherwise provided herein, the
city managerenvironmental and water resources director
or designee shall be responsible for the administra tion, implementation and enforcement of the provisions of this chapter. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.060 Disclaimer of liability.

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other r elevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pol lutants into the waters Waters of the United
States. This chapter shall not create liability on the part of the city or any officer or employee thereof for any damages that result from reliance o n this chapter or any administrative decision lawfully made thereunder. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.070 Permitted discharges.

SewageWastewater may be discharged to the sanitary sewer collection system; provided, that such discharge is not prohibited by this chapter and conforms to all other requirements of this code, the current SacSewerSRCSD sewer use ordinance, and all other applicable stat utes, regulations, ordinances or other governmental requirements; and further provided, that all applicable city and SacSewerSRCSD fees and sewer use charges are paid. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.080 Prohibited discharges.

It shall be unlawful
for any FSE to discharge or cause to be discharged any of the following to the sanitary sewer collection system except as specifically authorized by other provisions of this code:

A. FOG in amounts, either alone or in combination with other discharges, that cause:

1. Any visible sheen on the surface of the discharged sewagewastewater ;

2. Any build-up of grease in any portion of the sanitary sewer collection system; or

3. Any obstruction of the sanitary sewer collection system.

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B. Any discharge from a food grinder for a new or remodeled FSE.

C. Debris, rags, and/or pipe-blocking substances in amounts, either alone or in combination with other discharges, that cause:

1. Any obstruction of the sanitary sewer collecti on system.

CD. Any water or waste having a pH lower than five or having any other corrosive property capable of causing damage or hazard to structures, equipment, personnel and sewer pipes.

The foregoing discharge prohibitions are not exclusive and shall be in addition to any prohibitions or requirements specified in any other provision of this code or by any other applicable statute, regulation, ordinance, law, or other governmental r equirement. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007).

13.03.090 Grease control devices.

All FSEs must install, operate, and maintain a grea se control device if they meet any of the following provisions:

A. New construction.

B. Renovation or remodeling that alters the exis ting plumbing at or below grade of the existing finished floor or alters the use, occupancy or function of the space, which would contribute to the production of fats, oils and grease.

C. When deemed necessary by the
Uutilities director environmental and water resources director to protect public health or safety or reduce/eliminate FOG.

D. If the FSE has a prohibited discharge.

E. If the FSE is deemed by the
Uutilities Ddirector environmental and water resources director to contribute to or have reasonable potential to be the cause of a n SSO Spill .

F. If there is a change in land use which change has the potential to significantly increase FOG production and/or make a prohibited discharge of FO G reasonably foreseeable without a grease interceptor.

Grease control devices shall meet minimum design an d performance requirements of the latest edition of the Uniform Plumbing Code and the California Plumbing Code as well as satisfying all requirements as designated by the
Uutilities Ddirector environmental and water resources director .

Grease control devices must be approved by the Uutilities Ddirector environmental and water resources director , in writing, prior to construction and installatio n. ( Ord. 1367 § 2 (part) , 2026:

Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007).

13.03.100 Conditional waiver.

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An FSE may apply to the
Uutilities Ddirector environmental and water resources director , in writing, for a conditional waiver of the requirement to install an approved grease control device.

A. The Uutilities Ddirector environmental and water resources director may approve such conditional waiver if the FSE demonstrates to the Uutilities Ddirector’s environmental and water resources director’s satisfaction that the FSE does not generate FOG, a nd/or causes FOG deposition in the sanitary sewer collection system. The conditional waiver shall include the following information:

1. An independent study by an engineering firm r ecommending that a grease control device is not necessary.

2. A description of the FSE’s best management practices (BMPs) which include:
a. BMPs based on a set menu that is not subject to change. b. Employee training on proper food preparation, handling, serving and cleaning. c. BMP signage posted throughout the restaurant for employees to refer to. d. BMP training log, maintenance logs, and recor ds available for city staff to review.

B. If the content of the menu changes or the ope ration and/or maintenance of the restaurant changes, the FSE shall notify the city. Changes in the menu or operations and/or maintenance of the restaurant may require the installation of a grease control device.

C. Cooperation with the city
of Folsom ’s inspector and wastewater division to perform restaurant inspections and closed circuitclosed-circuit television inspection of the FSE’s sewer lateral.

D. The Uutilities Ddirector environmental and water resources director may revoke this conditional waiver and require that an approved grease control device be installed at any time:

1. If the FSE discharges FOG or causes the disch arge of FOG into the sanitary sewer collection system;

2. If the
Uutilities Ddirector environmental and water resources director determines that any SSOSpill , stoppage, interruption, or reduction of flow in the sanitary sewer collection system has resulted in whole or in part from discharge(s) by the FSE; or

3. If the Uutilities Ddirector environmental and water resources director determines that the conditional waiver should be revoked to protect public health and safety. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.110 Exception to allow alternative grease control device.

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An FSE may apply for an exception to allow installa tion of a grease control device other than a grease interceptor, and the
Uutilities Ddirector environmental and water resources director may approve such exception if the FSE demonstrates to t he Uutilities Ddirector’s environmental and water resources director’s satisfaction that installation of a grease interceptor is not feasible due to space constraints, utility interferences, inadequat e slope of sewer wastewater drainage lines, or other considerations. Alternative grease removal de vices must be approved by the Uutilities Ddirector environmental and water resources director and include, but are not limited to, features that trap, separate and hold grease and be of a des ign that is equal to or more effective than an acceptable grease control device. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.120 Maintenance of grease control devices.

A. All FSEs are required to utilize a grease was te hauler to pump grease waste from the grease interceptor and to lawfully dispose of the grease w aste. Grease waste shall not be disposed of in the sanitary sewer collection system or storm drains.

B. The FSE, at its sole cost and expense, shall properly utilize, clean and maintain the grease control device in good and efficient working order at all times.

C. The FSE shall immediately correct any problem with a grease control device including, but not limited to, plugging, overflow or spillage from the device, improper operation, noncompliance with cleaning schedule, damaged or nonfunctioning features of the device, excessive accumulation of grease or solids, or other problems that resulte d in or could result in a prohibited discharge or SSOSpill . The manager or owner of an FSE shall notify the Uutilities Ddirector environmental and water resources director in writing of the problem and corrective action wit hin five days of the discovery of the problem.

D. The FSE shall keep all manifests, receipts an d invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than three years. The FSE shall, upon request, make the manifests, receipts and invoices available to
the Uutilities Ddirector environmental and water resources director , or any authorized inspector that has jurisdiction under any local, state or fed eral water quality statutes, ordinances or regulations. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.130 Prohibition of food grinders.

Food grinders are prohibited in new or remodeled FSEs. ( Ord. 1367 § 2 (part) 2026: Ord. 1233 § 2
(part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.140 Scope of inspections and monitoring.

A. In the event of an emergency situation that p oses an immediate threat to life, health, safety, or general welfare occurring at an FSE relating to activities covered by this chapter, the Uutilities
Ddirector environmental and water resources director may enter upon private property to eliminate, abate, clean up and dispose of a prohibited discharge or grease waste.

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B. The
Uutilities Ddirector environmental and water resources director may enter upon private property during regular business hours to investigate the source of any prohibited discharge to the sanitary sewer collection system or to verify compl iance with the provisions of this chapter, including, but not limited to, the following:

1. Operation and maintenance of grease control devices.

2. Prohibition of the use of food grinders.

3. Inspection of any vehicle, truck, trailer, tank truck or other mobile equipment that may have the ability to discharge to the
municipal sanitary sewer collection system.

4. Erection and maintenance of monitoring and sa mpling devices for the purpose of measuring any discharge to the city sanitary sewer collection system.

5. Inspection, review and copying of all records of the FSE relating to preventing prohibited discharges to the sanitary sewer collection system. This may include, but is not limited to, operation, inspection, maintenance and cleaning records related to grease control devices and grease waste pumping manifests.

6. Inspection, sampling and testing of any discharge to the city sanitary sewer collection system for the purpose of determining the potential for a prohibited discharge. The investigation of the integrity of all grease contro l devices. The taking of photographs or videotape s, measurements or drawing s, and creation of any other record reasonably necessary to document conditions on the premises. (Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.150 Enforcement.

Violations of this chapter shall constitute a public nuisance. The provisions of this chapter shall be administered and enforced within the city by the
Uutilities Ddirector environmental and water
resources director or other staff and enforcement o fficials designated by the environmental and water resources director . The remedies set forth herein are cumulative to a ny other remedy available to the city. Nothing contained herein sha ll limit or be deemed to prevent the city from pursuing any other available remedy under this code or any other applicable law. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.160 Penalties.

A. A violation of this chapter shall be an administrative violation as defined in Section

1.08.020 .

In addition to enforcement by any procedure set for th in Chapters 1.08 to 1.10 , inclusive, any violation of this chapter shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars ., or by imprisonment in the county jail for not mo re than six months, or by both such fine and imprisonment.

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B. Each of the sanctions for administrative viol ations identified in Section

1.09.013 shall be
available for enforcement of the provisions of this chapter. Violations of the provisions of this chapter shall be deemed Level E violations, as defined in Section 1.09.012 . ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.170 Enforcement procedures, notice to correct.

A. Prior to the suspension, revocation, or denia l of any license or permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this chapter, the enforcement authority shall follow the procedures set forth in Chapter 1.09 . The rights to judicial review set forth in Sections 1.09.050 to 1.09.052 , inclusive, shall apply.

B. A notice to correct shall not be required to commence the administrative hearing procedures set forth in Chapters 1.08 to 1.10 , inclusive. Pursuant to Section 1.09.024 , a notice of administrative violation shall be served in accorda nce with the provisions of Section 1.09.027 . (Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.180 Abatement.

A. Any person engaged in activities which cause, allow, facilitate or result in a prohibited discharge shall bear all costs incurred by the city as a result of such prohibited discharge including but not limited to the cost of abatement, cleanup and disposal.

B. The
Uutilities Ddirector environmental and water resources director will keep an account of the administrative, labor, equipment and other cost s of abatement, cleanup and recovery. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.190 Regulatory actions.

Any person determined to be in violation of this ch apter shall bear all costs incurred by the city resulting from, or related to any correction and/or enforcement of a violation of this chapter or the payment of monetary sanctions, or both. (
Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015:

Ord. 1071 § 2 (part), 2007)

13.03.200 Discontinuance of service.

A. In addition to all of the remedies provided in this chapter, violations of the provisions of this chapter may result in disconnection of the premises from the water or the sanitary sewer collection system by the
Uutilities Ddirector environmental and water resources director .

B. Prior to such discontinuance of service the o wner of the real property to which the service was rendered shall be served with written notice fr om the Uutilities Ddirector environmental and water resources director stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.

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C. When service has been disconnected as provide d in this section, the Uu tilities Ddirector
environmental and water resources director may require that the person requesting that such service be reestablished furnish a bond or deposit equal to five times the city’s cost to cause the disconnection, rectify problems caused by the prohi bited discharge, and complete the reconnection, payable to the city and conditional u pon compliance with the provisions of this chapter, before granting permission to make such connection.

D. The person making application for such reesta blishment of service shall pay all expenses incurred by the city in causing such disconnection and reconnection before such permission may be granted. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007) Chapter 13.04
MUNICIPAL SEWER SYSTEM—DEFINITIONS

Sections:

13.04.010 City defined.

13.04.020 Dwelling unit defined.

13.04.030 Premises defined.

13.04.040 Sewage defined.

13.04.050 Superintendent defined.

13.04.010 City defined.
“City” means the city of Folsom. (Prior code § 9022)

13.04.020 Dwelling unit defined.
“Dwelling unit” means the habitat of any individual or family. (Prior code § 9024)

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13.04.030 Premises defined.
“Premises” refers to a lot, parcel of land, building or establishment. (Prior code § 9023)

13.04.040 Sewage defined.
“Sewage” as used in this chapter means a combinatio n of liquid or water carried human waste conducted away from residences, business buildings, and institutions which is known as domestic sewage, together with the liquid or water carried w aste resulting from a manufacturing process employed in industrial establishments, including th e washing, cleaning or drain water from such process, which is known as industrial waste. (Prior code § 9020)

13.04.050 Superintendent defined.
“Superintendent” refers to anyone delegated by the city council to the performance of duties as specified in this chapter. (Prior code § 9021)

Chapter 13.08
MUNICIPAL SEWER SYSTEM—REGULATIONS
Sections:

13.08.010 Definitions.

13.08.020 Permit required.

13.08.030 Domestic sewage screening.

13.08.040 Industrial waste screening.

13.08.050 Sewage measurement device—Installation.

13.08.060 Sewage measurement device—Type—Responsibility.

13.08.070 Outside city—Connection.

13.08.080 Cleanout plug required.

13.08.090 Backflow prevention device.

13.08.100 Nonpermanent discharges.

13.08.110 Prohibited activities.

13.08.120 Prohibited discharges.

13.08.130 Prohibited discharge locations.

13.08.140 Maintenance responsibilities.

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13.08.150 Easement access.

13.08.160 Private sewer laterals.

13.08.010 Definitions.

As used in this chapter, the following words and ph rases shall have the meanings set forth below unless the context clearly indicates otherwise:

A. “City” means the
city City of Folsom.

B. “City council” means the city council of the city City of Folsom.

C. “City manager” means the city manager of the City of Folsom or his or her designee unless otherwise stated or indicated by context.

CD. “Cleanout” means a pipe fitting and associated piping connected to a sewer lateral that provides access to the sewer lateral for purposes o f flushing, rodding, cleaning, and other maintenance and diagnostic purposes.

DE. “County” means the county County of Sacramento.

F. “Director” means the cCity of Folsom Ddirector of Utilities Ddepartment or his or her designee unless otherwise stated or indicated by context.

G. “Dwelling unit” means the habitat of any individual or family.

E. “Environmental and water resources director” means the director of the environmental and water resources department of the city of Folsom or as otherwise directed by the city manager or his or her designee.

FH. “Lateral” means an underground segment of smaller d iameter pipe that transports sewage from a customer’s building or property (residential, commercial, industrial, etc.) to the city’s main sewer line in a street or easement.
 A lower lateral is the portion of the city-owned la teral located between the sanitary sewer system main, and either the property line, sewer cleanout, curb line, or other jurisdictional locations. “Lower lateral” means the portion of a sewer lateral lying within a public street connecting an upper lateral to the sewer main. The lower lateral extends from the cleanout near the property line or easement (as identified in Standard Construction Specificat ion SS-07) to the sewer main or within five feet of the property line or easement (as identified in Standard Construction Specification SS-07) to the sewer main if there is no cleanout near the property line or easement (as identified in the City of Folsom’s Sanitary Se wer Standard Detail SS-08) . The lower lateral includes the connection to the sewer main. A lower lateral is associated with a parcel if it or any portion of it is located upon the parcel or conveys sewage and liquid waste from any structure located on that parcel.

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
An upper lateral is the portion of the privately owned lateral from the property line, sewer cleanout, curb line, or other jurisdictional locati ons, to the building or property (as identified in the City of Folsom’s Sanitary Sewer S tandard Detail SS-08). If the parcel contains a sewer pipe system or multiple private se wer laterals, the entire sewer pipe system, including manholes and other appurtenances, and all private sewer laterals are part of the upper sewer lateral to the extent they are located on that parcel.

GI. “New construction” means construction of a new structure or modification of an existing structure or portion of an existing structure.

J. “Person” means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint ventu re, business entity or other similar entity, or the agent, employee or representative of any of the above.

K. “Premises” refers to a lot, parcel of land, building or establishment.

HL. “Private sewer lateral” means the privately-owned lateral that transports sewage from private property(ies) into a sanitary sewer system. a pipe or pipes and appurtenances that carry sewage and liquid waste from the structure served to the lower lateral.

M. “Private sanitary sewer system” means a sanit ary sewer system of any size that is owned and/or operated by a private individual, company, corporation, or organization. A private sanitary sewer system may or may not connect into a publicly owned sanitary sewer system.

IN. “Property owner” means a person that owns a pa rcel of real property, or that person’s authorized representative including a tenant or con tractor. As used in this subsection, “person” means an individual, trust, corporation, nonprofit organization, homeowners’ association, partnership, firm, joint venture, limited liability company, or association.

JO. “Remodeling” means any significant improvement , addition, construction, reconstruction, remodeling, modification or alteration of or to an existing or previously existing structure.

KP. “Repair” means construction activities perform ed to bring a private sewer lateral into compliance with this chapter consisting of correcti on of a segment of less than the private sewer lateral (i.e. spot repair) .

LQ. “Replacement” means construction activities performed to bring a private sewer lateral into compliance with this chapter consisting of the replacement or lining of the complete length of the private sewer lateral.

R. “SacSewer” means the Sacramento Area Sewer District.

MS. “Sanitary sewer collection system” means the c ity-owned systemnetwork that is designed to convey sewage, including but not limited to of pipes, manholes, laterals, and pump stations ,

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siphons, wet wells, diversion structures, and/or ot her pertinent infrastructure, that convey wastewater upstream of the to SacSewerSRCSD facilities including:.  Laterals owned and/or operated by the City of Folsom
 Satellite sewer systems; and/or
 Temporary conveyance and storage facilities, includ ing but not limited to temporary piping, vaults, construction trenches, wet wells, i mpoundments, tanks and diversion structures.

T. “Satellite sewer system” means a portion of a sanitary sewer collection system owned or operated by a different owner other than the City of Folsom.

N. “Sanitary sewer overflows” (SSOs) means a con dition whereby untreated sewage is discharged to the environment, escaping wastewater treatment.

U. “Sewage” and its associated wastewater, means untreated or partially treated domestic, municipal, commercial, and/or industrial waste (inc luding sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwa ter or groundwater, conveyed in the sanitary sewer collection system.

OV. “Sewer main” means a publicly owned sanitary s ewer that receives flows from public and private sewer laterals. The sewer main does not include any portion of a private sewer lateral.

W. “Spill” means a discharge of sewage from any portion of the sanitary sewer collection system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure.

P. “SRCSD” means the Sacramento Regional County Sanitation District.

Q. “Upper lateral” means a pipe or pipes and app urtenances that carry sewage and liquid from the structure served to the lower lateral. If the p arcel contains a sewer pipe system or multiple private sewer laterals, the entire sewer pipe system, including manholes and other appurtenances, and all private sewer laterals are part of the uppe r sewer lateral to the extent they are located on that parcel.

RX. “Waste hauler” means transporters of waste tra p grease and grease from interceptors from facilities that collect, store, process or dispose of waste grease. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

13.08.020 Permit required.

No person shall tap or make connection to the sanitary sewers in the city, without a permit and the payment of the fees established for the privilege of making such tap or connection. ( Ord. 1367 § 2
(part) , 2026: Ord. 1233 § 2 (part), 2015: prior code § 9000. Formerly 13.08.010)

13.08.030 Domestic sewage screening.

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Domestic sewage, consisting essentially of human wa ste, may be passed into sewers without screening. (
Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: prior code § 9025. Form erly

13.08.020)

13.08.040 Industrial waste screening.

Industrial waste must be screened through the equivalent of a twenty-mesh screen. No peach, plum,
prune, cherry, apricot or other food particles or solids larger than what would pas s through a twenty-mesh screen shall be discharged or permitted to enter the sewage system. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: prior code § 9026. Formerly 13.08.030)

13.08.050 Sewage measurement device—Installation.

The
Uutilities Ddirector environmental and water resources director shall determine what commercial businesses and industries shall be requi red to install the means of measurement of sewage discharged and to report thehis recommendations to the environmental and water resources director ; and, upon a finding that said installation is rea sonably required to determine the amount of the service charge, the Uutilities Ddirector city managercouncil shall direct the person owning said business or industry to install means for measurement of sewage. ( Ord. 1367 § 2 (part) , 2026:

Ord. 1233 § 2 (part), 2015: prior code § 9028. Formerly 13.08.040)

13.08.060 Sewage measurement device—Type—Responsibility.

Every person who is required to install a means for measurement of sewage discharge shall install an approved flume and an automatic recording device or other approved means for measurement of sewage discharge at theirhis own expense. The environmental and water resources director or other person designated by the Uutilities Ddirector shall enforce the provisions and he shall have the right at all times to check the operation of th e screening mechanism, the operation of the measuring recording mechanism, and to make a record of the readings. ( Ord. 1367 § 2 (part) , 2026:

Ord. 1233 § 2 (part), 2015: prior code § 9029. Formerly 13.08.050)

13.08.070 Outside city—Connection.

Persons owning premises situated outside the
corporatecity limits may, upon issuance of a permit
by the city council , connect to the sanitary sewer collection systemsewerage system of the city by paying all costs thereof and an annual rental to be determined from time to time by resolution of the city council. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: Ord. 692 § 1, 1990: prior code § 9031)

13.08.080 Cleanout plug required.

On all new construction within the city, and on all new connections within the city sanitary sewer
collection system, there shall be provided, at the property line, a cleanout plug which shall consist of a single or double wye branch with end or side c leanout, closed with a waterproof cap. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015: prior code § 9042. Formerly 13.08.090)

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13.08.090 Backflow prevention device.

A. On all new construction within the city, and all new connections within the city sanitary sewer
collection system, the property owner shall be required to install, operate and maintain a backflow prevention device if they meet any of the following provisions:

1. The lowest dwelling plumbing fixture is twelv e inches or less above the rim of the nearest upstream manhole.

2. When deemed necessary by the
Uu tilities Ddirector environmental and water
resources director to protect public health or safety.

B. All existing property owners shall be require d to install, operate and maintain a backflow prevention device if they meet any of the following provisions:

1. When deemed necessary during the application process when applying for a construction, remodel or sewer replacement permit.

2. When deemed necessary by the
Uutilities Ddirector environmental and water
resources director to protect public health or safety. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

13.08.100 Nonpermanent discharges.

Discharges that do not require a separate permanent connection, and do not require a sewer impact permit or temporary discharge permit, are considere d nonpermanent discharges. Nonpermanent discharges can be discharged into the city’s
sanitary sewer collection system, subject to the
following conditions:

A. Discharge must be to a plumbing fixture, util ity sink, private cleanout, or sanitary sewer manhole.

B. Discharge must not adversely impact flow of t he city’s sanitary sewer collection system;
otherwise, the nonpermanent discharge must immediately be disconnected.

C. Discharge must not be from a waste hauler. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

13.08.110 Prohibited activities.

The city hereby prohibits the following activities:

A. Access or discharge into manholes, cleanouts, or other openings in the city’s sanitary sewer
collection system unless specifically authorized by the city.

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B. Damaging, breaking, destroying, defacing, or tampering with the city’s sanitary sewer
collection system.

C. Obstructing flow in the city’s sewer faciliti es. This provision includes but is not limited to obstruction originating from the cleaning of a priv ate sewer that results in an obstruction in the city’s
sanitary sewer collection system.

D. Creating a condition that pressurizes the lower lateral.

E. Creating conditions in the city’s sanitary sewer collection system that endanger the health and safety of any person.

F. Interfering or impairing the operation or mai ntenance of the city’s sanitary sewer collection
system.

G. Removal or failing to maintain a required backflow prevention device. ( Ord. 1367 § 2 (part) ,
2026: Ord. 1233 § 2 (part), 2015)

13.08.120 Prohibited discharges.

The following are hereby prohibited
to befrom being discharged to the city’s sanitary sewer collection system:

A. Flows exceeding the capacity of city faciliti es or exceeding the quantity normally or customarily anticipated for the permitted use.

B. Discharge of water that does not meet the wat er quality standards of acceptability for discharge into the storm drain, such as stormwater, surface water, pool water, groundwater, roof runoff, or subsurface drainage.

C. Fats, oils, and grease in amounts, either alo ne or in combination with other discharges, that cause:

1. Any visible sheen on the surface of the discharged sewagewastewater ;

2. Any build-up of grease in any portion of the sanitary sewer collection system; or

3. Any obstruction of the sanitary sewer collection system.

D. Debris and rags.

DE. Trucked and hauled wastes.

EF. Substances that may cause excessive foaming in any portion of the city’s sewer collection system.

FG. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit.

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GH. Any substance, either by itself or combined wi th other wastewater sewage discharge, that is capable of obstructing flow or impairing the performance of the city’s sanitary sewer collection system.

HI. Cementitious materials.

IJ. Any substance that may cause damage, including corrosive structural damage, to any part of the city’s sanitary sewer collection system.

JK. Chemicals of any kind that are not specifically authorized for disposal in a sewer system.

KL. Garbage, including food wastes, that is greater than one-quarter inch in any dimension.

LM. The foregoing discharge prohibitions are not e xclusive and are in addition to any prohibitions or requirements specified in any provi sion of this chapter or by any other applicable statute, regulation, prohibition, or ordinance.

If a person owning or occupying a premises has know ledge that a discharge prohibited by this chapter has entered or will enter the city’s
sanitary sewer collection system, such person shall
immediately take all reasonable action to contain and abate the discharge and must notify the city immediately of knowledge of the discharge. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

13.08.130 Prohibited discharge locations.

No person shall discharge any
sewagewastewater or any other substance directly into a manhole or other opening in the city’s sanitary sewer collection system except according to the requirements established by this chapter. The Uutilities Ddirector environmental and water resources director , however, may grant permission and establish require ments and policies for other such direct discharges. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

13.08.140 Maintenance responsibilities.

A. Lower Laterals
(City) and Upper Laterals (Private) . The property owner has the sole responsibility for clearing stoppages, inspecting, maintaining, and repairing the upper lateral, including backflow prevention devices, so as to maintain the upper lateral in a condition that avoids negative impacts to the operation and maintenance o f the city’s sanitary sewer collection system.

This may include the following:

1. The upper lateral should be kept free from roots, grease deposits, and other solids that may impede the flow or obstruct the transmission of waste.

2. All joints should be tight, and all pipes sho uld be sound and free from structural defects, including cracks, breaks, and missing portions, to prevent ex-filtration by waste or infiltration by groundwater or stormwater.

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3. No drains or other appurtenances that collect stormwater or surface water should be connected to the upper lateral.

4. All cleanouts shall be securely sealed with a proper cap or approved overflow device at all times.

Typically, the responsibility delineation between the upper and lower lateral is at the city’s sewer cleanout or, in the absence of a cleanout, it shall be understood that the delineation from the upper sewer lateral to the lower sewer lateral shall be a maximum of five feet from the property line or easement as identified in the
cCity of Folsom ’s Sanitary Sewer Standard Detail SS-08 Standard Construction Specification SS-07 and as shown in the figure below:

Upper Lateral and Lower Lateral Location

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Maintenance Responsibilities for Upper and Lower Laterals Where Cleanout Exists

The purpose of this drawing is to delineate mainten ance responsibility only. Refer to city City of
Folsom standards and specifications for design and construction details.

The gray color indicates the portion of the service lateral for which the property owner is responsible for maintaining and repairing. The gree n color indicates the portion of the service lateral that the city is responsible for maintaining and repairing.

If the city owns the mainline, the city is responsi ble for clearing stoppages and for inspecting, maintaining, and repairing the lower lateral, city cleanouts, manholes and mainline. If the city does not own the mainline or manhole, the city has no re sponsibility for clearing stoppages or for inspecting, maintaining, or repairing the mainline, cleanouts, or lower laterals.

B. City and Private Mainlines. The city is respo nsible for the maintenance of mainlines within the public right-of-way or easement unless the mainline is privately owned, or a specific agreement delineating ownership exists, or the city has expre ssly accepted the maintenance and repair obligation in writing. In cases where parcels or structures are served by a private sewer, the owner has the sole responsibility for ownership, operation, and maintenance of the private sewer. Where the city is to be responsible for any element of a private sewer system, it shall be expressly so provided in writing and the responsibility must be accepted by the citycity council . The owner’s responsibilities include clearing stoppages, inspec ting, maintaining, and repairing the private system so as to maintain the private system in a co ndition that avoids negative impacts to the

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operation and maintenance of the city’s
sanitary sewer collection system. This may include the
following:

1. The private system should be kept free from r oots, grease deposits, and other solids that may impede the flow or obstruct the transmission of waste.

3. No drains or other appurtenances that collect stormwater or surface water should be connected to the private system.

Typically, the responsibility delineation between the city and private mainlines is at the city’s sewer cleanout or, in the absence of a cleanout, to the limits of the public right-of-way or easement.

Maintenance Responsibilities for City and Private Mainline and Manholes

The purpose of this drawing is to delineate mainten ance responsibility only. Refer to the city’s standards and specifications for design and construction details.

The gray color indicates the portion of the system that the owner is responsible for maintaining and repairing. The green color indicates the portio n of the system that the city is responsible for maintaining and repairing. (
Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

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13.08.150 Easement access.

A. The city requires permanent easements for all city-owned sewer facilities that are located outside of the public right-of-way.

B. Any use of an easement by the owner or occupa nts (herein after referred to as owner) that is not compatible with or interferes with the construction, operation, maintenance, reconstruction, or repair of city facilities is not allowed. No perman ent structure (such as garages, patios, concrete slabs, tool sheds, fences, retaining walls, trees a nd similar structures) is to be constructed on top of the city’s
sanitary sewer collection system facilities or anywhere within any associated sewer or public utility easements.

C. The owner must allow for an unobstructed path way access to all easement areas, with the access having the following dimensions:

1. A minimum width of fifteen feet.

2. A minimum height of six feet, eight inches.

If access to an easement area is required at any ti me, city personnel will at their discretion obtain access. The parcel owner may be held financially responsible for any additional costs incurred by the city if the owner has not provided city staff a dequate access to its assets in a timely manner. (
Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

13.08.160 Private sewer laterals.

A. Each property owner shall, at the property ow ner’s expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral so that it does not cause or contribute to any sewage
spill overflow from either the private sewer lateral or the public sewer.

The private sewer lateral shall be free of displaced joints, open joints, roots, cracks, leaks, inflow, infiltration of water, fats, oils and grease, debris and rags, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer.

B. A property owner shall have the private sewer lateral inspected by a licensed plumber upon the receipt of written notice from the city that an inspection is required. The city may issue a written notice that an inspection is required whenever it d etermines from its operation, maintenance or inspection of the public sewer, or through any othe r means, that the private sewer lateral is defective or otherwise in a condition that might cause a blockage in the private sewer lateral or the public sewer. Conditions that render the private sewer lateral defective or in a condition that might cause a blockage include, but are not limited to, displaced joints, open joints, roots, cracks, leaks, inflow, infiltration of water, fats, oils and grease, debris and rags, defects or obstructions likely to cause or contribute to blockage of the private sewe r lateral or the public sewer. The city’s written notice shall set forth a reasonable time in which t he inspection must occur and shall require the property owner to submit an inspection report meeting the requirements of this chapter to the city within a reasonable time, to be specified in the ci ty’s written notice, after completion of the

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inspection. The property owner shall be responsible for obtaining any required city permits prior to any construction.

C. All inspections and inspection reports requir ed by this chapter shall be completed in accordance with the following requirements:

1. The inspection and inspection report shall be completed by a licensed plumber.

2. The inspection shall include, at a minimum, a closed-circuit television (CCTV) inspection of the private sewer lateral.

3. The inspection and inspection report shall id entify, as applicable, the severity and location of all of the following:
a. Displaced joints, open joints, roots, cracks, leaks, inflow, infiltration of water, fats, oils and grease,
debris and rags, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer. b. Any connection by pipe or otherwise that allo ws rainwater or groundwater to enter the private lateral or public sewer.
c. Any backflow device installed in the private sewer lateral and the condition of the backwater device.
d. All corrective actions that must be taken to maintain, repair or replace the private sewer lateral and the estimated time and co st associated with such maintenance, repair or replacement.

4. The inspection report shall contain either a printed image, thumb driveDVD , or other
suitable electronic recording of the CCTV inspection of the private sewer lateral in a format acceptable to the city. ( Ord. 1367 § 2 (part) , 2026: Ord. 1233 § 2 (part), 2015)

Chapter 13.12
MUNICIPAL SEWER SYSTEM—RENTAL REGULATIONS*
Sections:

13.12.010 Charges—Lien.

13.12.020 Violation—Disconnection authority.

13.12.030 Reconnection—Bond.

13.12.040 Delinquent charges—Collection method.

13.12.050 Delinquent charges—Computation report.

13.12.060 Delinquent charges—Notice—Hearing.

13.12.070 Delinquent charges—Property owner notice .

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* See also Chapter

3.20 , Municipal Service Charges.

13.12.010 Charges—Lien.

Each charge or rental levied is a lien upon the premises served by a connection to the city sanitary
sewer collection sewerage system. In the event charges are not paid for sewag e service, the city manager superintendent is authorized and directed to disconnect such prope rty from the city sanitary sewer collection sewerage system. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9034)

13.12.020 Violation—Disconnection authority.

In the event of a violation of any of the laws of t he state, the ordinances of the city, or the rules and regulations so established referring to the dis charge of sewage, the Uutilities Ddirector
superintendent shall notify the person or persons causing, committ ing such violation, specifying the violation, and upon the failure of such person or persons to cease or prevent further violation within five days after the receipt of such notice, the city manager superintendent shall have authority to disconnect the property served from th e city sanitary sewer collection sewerage system. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9035)

13.12.030 Reconnection—Bond.

When service has been disconnected the
city manager superintendent may require that the person requesting that such service be reestablished furni sh a bond in the sum of five hundred dollars payable to the city and conditioned upon compliance with the provisions of this code before granting permission to make such connection. The pe rson making application for such reestablishment of service shall pay all expenses incurred and to be incurred by the city in causing such disconnection and reconnection before such permission may be granted. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9036)

13.12.040 Delinquent charges—Collection method.

All delinquent charges for sewer service in the cit y shall be collected on the tax roll in the same manner, by the same persons, and at the same time a s general taxes are collected. ( Ord. 1367 § 2
(part) , 2026: Prior code § 9038)

13.12.050 Delinquent charges—Computation report.

The city clerkThe Folsom Utility Billing Department shall compute such charges in accordance with established rates and shall prepare a written report of delinquent charges for each fiscal year.

Such report shall contain a description of each parcel of real property receiving sewer service and the amount of delinquent charge, with penalties, fo r each parcel for said fiscal year. The report shall be filed in the office of the city clerkwith the Utility Billing department . ( Ord. 1367 § 2 (part) , 2026: Prior code § 9039)

13.12.060 Delinquent charges—Notice—Hearing.

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Upon the filing of the report,
the city clerkthe Utility Billing department shall publish notice of the filing in the Folsom Telegraph, a newspaper of gene ral circulation printed and published in the city, once a week for two successive weeks. The not ice shall set a date for hearing on the report not sooner than two weeks after completion of the publication. The report shall be filed in time for publication, hearing, adoption and/or modification, and submission to the auditor not later than August 10th of each year. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9040)

13.12.070 Delinquent charges—Property owner notice.

The city clerkThe Utility Billing department shall give notice of the report to the owners of property described in the report at the address shown on the latest equalized assessment roll at the time of preparation of the report. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9041) Chapter 13.16
SEPTIC TANKS, CESSPOOLS AND PRIVIES—DEFINITIONS
Sections:

13.16.010 Cesspool defined.

13.16.020 City health officer defined.

13.16.030 City manager defined.

13.16. 030 040 Construction defined.

13.16. 040 050 Department defined.

13.16.050 Drainage system defined.

13.16.060 Duplex defined.

13.16.070 Lot defined.

13.16.080 Permit defined.

13.16.090 Person defined.

13.16.090 Privy defined.

13.16.100 SacSewer defined.

13.16. 100 110 Public sSanitary sewer collection system defined.

13.16.120 Satellite sewer system defined.

13.16. 110 130 Seepage pit or vertical drain defined.

13.16. 120 140 Septic tank defined.

13.16. 130 150 Sewage defined.

13.16. 140 160 Sewage disposal defined.

13.16.170 Sewer drainage system defined.

13.16. 150 180 Sewer well defined.

13.16. 160 190 Single family residence defined.

13.16.200 Temporary vault privy defined.

13.16.210 Water closet defined.

13.16.220 Waters of the State defined.

13.16.230 Waters of the United States defined.

13.16.010 Cesspool defined.

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“Cesspool” means an excavation into the earth which is used for the reception of sewage or drainage from plumbing fixtures, effluent from sept ic tanks, together with water used in carriage of said sewage or drainage, but which does not have watertight walls or bottom. ( Ord. 1367 § 2
(part) , 2026: Prior code § 9068)

13.16.020 City health officer defined.
“City health officer” means the health officer of the city or such other officers or employees of the city to whom the city council
or city manager delegates the function of the city health officer. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9063)

13.16.030 City manager defined.
“City manager” means the city manager of the City o f Folsom or his or her designee unless otherwise stated or indicated by context. (Ord. 1367 § 2 (part) , 2026)

13.16. 030 040 Construction defined.
“Construction” means construction, repair, alterati on or relocation of sewage disposal system. (Ord. 1367 § 2 (part) , 2026: Prior code § 9071)

13.16. 040 050 Department defined.
“Department” means the department of health of the city or to such other official or employee of the city to whom the city council or city manager delegates such functions. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9060)

13.16.050 Drainage system defined.
“Drainage system” means and includes all the piping within public or private premises which conveys sewage or other liquid waste to a point of disposal, but does not include the mains or laterals of a public sewer system. (Prior code § 9065)

13.16.060 Duplex defined.
“Duplex” means a detached building occupied, intend ed or designed for occupancy by two families living independently of each other, but under one roof. ( Ord. 1367 § 2 (part) , 2026: Prior
code § 9062)

13.16.070 Lot defined.
“Lot” means a parcel of land shown upon a subdivision map or a record of survey map or described by metes and bounds. (
Ord. 1367 § 2 (part) , 2026: Prior code § 9074)

13.16.080 Permit defined.

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“Permit” means a sanitation permit issued by the ci ty. ( Ord. 1367 § 2 (part) , 2026: Prior code
§ 9075)

13.16.090 Person defined.
“Person” means any natural person as well as any co rporation, partnership, public agency, trust, estate, cooperative association, joint venture, bus iness entity or other similar entity, or the agent, employee or representative of any of the above.

13.16.090 Privy defined.
“Privy” is a structure used as a toilet under a part or all of which is a vault or pit intended or use d for the reception of human waste matter. (Prior code § 9069)

13.16.100 SacSewer defined.
“SacSewer” means the Sacramento Area Sewer District. (Ord. 1367 § 2 (part) , 2026)

13.16. 100 110 Public sSanitary sewer collection system defined. “Public sS anitary sewer collection system ” means the city-owned system that is designed to convey sewage, including but not limited to pipes, manholes, laterals, pump stations, siphons, wet wells, diversion structures, and/or other pertinent infrastructure, upstream of the SacSewer facilities including:
 Laterals owned and/or operated by the City of Folsom
 Satellite sewer systems, and/or
 Temporary conveyance and storage facilities, includ ing but not limited to temporary piping, vaults, construction trenches, wet wells, i mpoundments, tanks and diversion structures. (Ord. 1367 § 2 (part) , 2026: Prior code § 9070) - is any sewage disposal system operated and maintained by the city. (Prior code § 9070)

13.16.120 Satellite sewer system defined.
“Satellite sewer system” means a portion of a sanitary sewer collection system owned or operated by a different owner other than the City of Folsom. (Ord. 1367 § 2 (part) , 2026)

13.16. 110 130 Seepage pit or vertical drain defined.
“Seepage pit or vertical drain,” as used in this ch apter, means one or more pits extending into the porous stratum but not into a subterranean water be aring stratum, lined with open jointed walls, and capped. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9072)

13.16. 120 140 Septic tank defined.

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“Septic tank” means a
water tightwatertight receptacle which receives the discharge of a sewer drainage system or a part thereof which is designed and constructed so as to retain solids, digest organic matter through a period of detention, and a llows the liquids to discharge into the soil outside the tank through a subsurface drainage syst em or into a cesspool. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9067)

13.16. 130 150 Sewage defined.
“Sewage” , and its associated wastewater, means untreated or partially treated domestic, municipal, commercial, and/or industrial waste (including sewa ge sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in the sanitary sewer collection system. (Ord. 1367 § 2 (part) , 2026: Prior code § 9064) any and all waste substa nce, liquid, or solid, associated with human habitation, or which c ontains or may be contaminated with human or animal excreta or excrement, offal, or any feculent matter. (Prior code § 9064)

13.16. 140 160 Sewage disposal defined.
“Sewage disposal” means any septic tank, privy, structure vault or pit for disposal or treatment of sewage and any sewer drainage system or other type system used for the disposal of sewage. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9066)

13.16.170 Sewer drainage system defined.
“Sewer drainage system” means and includes all the piping within public or private premises which conveys sewage or other liquid waste to a point of disposal, but does not include the mains or laterals of a public sanitary sewer collection s ystem. (Ord. 1367 § 2 (part) , 2026: Prior code § 9065)

13.16. 150 180 Sewer well defined.
“Sewer well” means any hole dug or drilled into the ground, and intended for use as a water supply, which has been abandoned as a source of water supply and is being used for the disposal of sewage, or any hole dug or drilled into the ground and used or intended to be used for the disposal of sewage and extended to or into a subterranean water bearing stratum which is used, or intended to be used as, or is suitable for, a source of water supply for domestic purposes. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9073)

13.16. 160 190 Single family residence defined.
“Single family residence” means any structure occup ied, intended or designed for occupancy by one family for living or sleeping purposes as its p rincipal use. ( Ord. 1367 § 2 (part), 2026: Prior code § 9061)

13.16.200 Temporary vault privy defined.

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“Temporary vault privy” is a water-less, portable s anitation system featuring a sealed tank that collects waste without allowing it to seep into the soil, typically used at construction sites or events where access to the public sanitary sewer system is unavailable. (Ord. 1367 § 2 (part) , 2026)

13.16.210 Water closet defined.
“Water closet” means a room with a toilet and/or sink where the water system is connected to the City of Folsom’s water facilities and the sewer dra inage system is connected to the City of Folsom’s sanitary sewer collection system. (Ord. 1367 § 2 (part) , 2026)

13.16.220 Waters of the State defined.
“Waters of the State” means surface waters or groun dwater within boundaries of the state as defined in Water Code section 13050(e), in which th e State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions. Waters of the State include waters of the United States. (Ord. 1367 § 2 (part) , 2026)

13.16.230 Waters of the United States defined.
“Waters of the Untied State” means surface waters o r waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act. (Ord. 1367 § 2 (part) , 2026)

Chapter 13.20
SEPTIC TANKS, CESSPOOLS AND PRIVIES—REGULATIONS

Sections:

13.20.010 Minimum lot area.

13.20.020 Connection requirements.

13.20.030 Sewage disposal system required.

13.20.040 Permit required.

13.20.050 Permit—New construction.

13.20.060 Sewage disposal system business—Bond required.

13.20.070 Septic tank minimum capacity.

13.20.080 Uniform rules and regulations.

13.20.090 Sewer wells—Declared nuisance.

13.20.100 Sewer well—Prohibited.

13.20.110 Construction requirements.

13.20.120 Privy—Permit—Granting conditions.

13.20.130 Privy—Removal.

13.20.140 Privy—Application.

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13.20.150
Privy—Exception.Reserved.

13.20.160 Permit—Denial conditions.

13.20.170 City health officer authority.

13.20.180 Permit—Application—Fee.

13.20.190 Investigation.

13.20.200 Permit—Action required.

13.20.210 Permit—Denial—Appeal.

13.20.220 Completion notice required.

13.20.230 Certificate of completion.

13.20.240 Variances.

13.20.250 Enforcement authority.

13.20.010 Minimum lot area.

No single family residence or duplex residence shal l hereafter be constructed, built or moved on any lot, for such residential purpose, where the sewage disposal will be located on the same lot as the building unless and except where such lot conta ins the minimum lot area for each such type residence as indicated:

1. Single family residence. The lot shall contai n a minimum of twenty thousand square feet for each such residence when both sewage dispo sal and the source of domestic water supply are located on the lot. When only sewage disposal is located on the lot, the lot shall contain a minimum of ten thousand square feet for such residence;

2. Duplex residence. The lot shall contain a min imum of twenty-five thousand square feet for each such residence when both the sewage d isposal and the source or of domestic
water supply will be located on the same lot. When only the sewage disposal is located on the lot, the lot shall contain a minimum of fifteen thousand square feet for each such residence. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9076)

13.20.020 Connection requirements.

The
sewer drainage system in every building where persons re side, congregate or are employed, which building is within two hundred feet of public sanitary sewer to which the owner of the building may lawfully connect to the public sanitary sewer collection system upon proper application and the payment of the required fees , shall, when there is an existing violation of any provision of this chapter, connect to such the public sanitary sewer collection system in the most direct manner possible.

Where a public sanitary sewer collection system is not available, as determined by the city manager and/or city council in each case, the building sewer drainage system shall be connected to a private sewage disposal system complying with the provisions of this section.

A. Before commencement of construction of a private se wage disposal system, the property owner shall first obtain a permit from the city. T he applicant for such permit shall

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Page 33 of 39 ends

supplement any plans, specifications, and other inf ormation as are deemed necessary by the city manager. The city manager shall forward a report with recommendations to the city council prior to any action being taken on the permit application.

B. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of th e city manager. The applicant for the permit shall notify the city when the work is ready for inspection and before any underground portions are covered.

C. The type, capacity, location, and layout of a priva te sewage disposal system shall comply with all recommendations of the city manager. No p ermit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

D. Within 60 days of the day upon which a public sanit ary sewer collection system becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sanitary sewer collecti on system in compliance with this chapter, and any septic tank, cesspool, or similar private sewage disposal system facility shall be cleaned of sludge, abandoned, and filled with clean bank run gravel or dirt.

E. The owner shall operate and maintain the private se wage disposal system facilities in a sanitary manner at all times, at no expense to the city.

F. No statement contained in this chapter shall be con strued to interfere with any additional requirements that may be imposed by the city manage r and/or city health officer. (Ord. 1367 § 2 (part) , 2026: Prior code § 9077)

13.20.030 Sewage disposal system required.

No person shall maintain or use any residence, place of business or other building or place where persons reside, congregate or are employed which is not provided with a means for the disposal of sewage which complies with the provisions of this chapter. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9078)

13.20.040 Permit required.

No person shall hereafter construct, alter or relocate a sewage disposal system without first having obtained a permit from the
citydepartment . ( Ord. 1367 § 2 (part) , 2026: Prior code § 9079)

13.20.050 Permit—New construction.

If a
sewage disposal system is to be constructed in connection with a new building, the permit therefor shall be obtained prior to the commencemen t of construction of the new building. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9080)

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13.20.060 Sewage disposal system business—Bond required.

No person, shall carry on, contract to perform or e ngage in the business of constructing, altering, relocating, or repairing sewage disposal systems for places of business or human habitation, where the reasonable cost of the labor and materials exce eds two hundred fifty dollars without first posting a bond equal to twenty-five percent of the cost of constructing, altering, relocating or repairing the sewage disposal system. The bond may be in the form of cash, or a surety bond issued by a surety company acceptable to the city, that is willing and able to guarantee faithful performance on the part of the applicant by the iss uance of a corporate surety bond. The cash or surety bond must name the city as obligee and must guarantee performance of the sewer system to the satisfaction of the city for one year after com pletion of the job as a whole, or such severable unit thereof as is expressly approved by the city. (
Ord. 1367 § 2 (part) , 2026: Prior code § 9081)

13.20.070 Septic tank minimum capacity.

All septic tanks, disposing of sewage from single family residences shall have minimum capacity of eight hundred liquid gallons. (
Ord. 1367 § 2 (part) , 2026: Prior code § 9082)

13.20.080 Uniform rules and regulations.

In order that privies, septic tanks and drains for the disposal of the tank effluent shall not be offensive, injurious or dangerous to health, the
Uutilities Ddirector health officer shall make and
establish reasonable and uniform rules and regulations regarding the size, materials used, location and manner of construction of all privies, septic t anks and drains for the disposal of the tank effluent hereafter constructed. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9083)

13.20.090 Sewer wells—Declared nuisance.

All sewer wells are declared a public nuisance. (
Ord. 1367 § 2 (part) , 2026: Prior code § 9084)

13.20.100 Sewer well—Prohibited.

No person shall drill, construct, maintain in or op erate a sewer well. ( Ord. 1367 § 2 (part) , 2026:

Prior code § 9085)

13.20.110 Construction requirements.

No person shall construct, excavate or maintain any privy, vault, cesspool, septic tank, sewage treatment works, sewer pipes or conduits for the tr eatment and discharge of sewage or impure waters or substances offensive, injurious or dangerous to health whereby they shall overflow lands except where the person is complying with established requirements of the State Water Resources
Control Board, Regional Water Quality Control Board , and the city. Central Valley Regional Pollution Control Board of the state. (Ord. 1367 § 2 (part) , 2026: Prior code § 9086)

13.20.120 Privy—Permit—Granting conditions.

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No privies shall be permitted and no permit therefo r shall be granted, except for temporary vault
privies under the following conditions:

1. The Uutilities Ddirector enforcement agency , in every case, may determine whether or not it is practicable to provide running water and proper means of sewage disposal and, if it decides that it is not practicable to provide running water, shall issue a special temporary permit in writing authorizing the non -installation of plumbing fixtures. The permit shall be made in duplicate, and a copy shall remain on file with the cityenforcement agency ;

2. When a permit authorizing the non -installation of a water closet is issued, a temporary vault privy or toilet other than a water closet for the deposit of fecal matter, urine, or sewage may be installed. A privy shall consist of a pit at least three feet deep covered by a shelter sufficient to afford privacy and protection from the elements. Openings in the shelter shall be closed by metal mosquito screening, and the door to the shelter shall close automatically by means of a spring or other device ;

3. The privy pit shall not be allowed to become filled with excreta to a point within one foot from the surface of the ground. The excreta in the pit shall be covered with earth, ashes, lime or other similar substance at regular i ntervals. The pit temporary vault privy shall be maintained in a sanitary condition in order to prevent a spill . ( Ord. 1367 § 2 (part) , 2026: Prior code § 9087)

13.20.130 Privy—Removal.

WhenWithin 60 days of the day upon which running water becomes available and in which a public sanitary sewer collection system becomes available to a property served by a privy,proper sewage disposal becomes practicable, a direct connection s hall be made to the public sanitary sewer collection system in compliance with this chapter; any privy installed pursuant to this chapter shall be completely removed; the place where it was locat ed shall be properly disinfected; and it shall be replaced by one or more individual water closets meeting the requirements of this part relating to water closets in buildings. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9088)

13.20.140 Privy—Application.

The provisions of this chapter apply to privies existing within the city. No person shall maintain a privy which fails to conform to the standards set f orth herein. ( Ord. 1367 § 2 (part) , 2026: Prior
code § 9089)

13.20.150
Privy—Exception.Reserved.

When running water becomes available and proper sew age disposal becomes practicable any existing privy shall be completely removed, unless such privy is more than two hundred feet distant from any building which is owned or occupied by any other person. (Prior code § 9090)

13.20.160 Permit—Denial conditions.

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Page 36 of 39 ends

No permit shall be issued for the construction, addition to, alteration or modification of any privy, cesspool, septic tank, sewage treatment works, excavation, sewer pipes or conduits or other means for the disposal, common treatment or discharge of sewage if the means or proposed means will permit any of the following conditions:

1. The escape of any unpleasant or noxious odors, vapors or gasses;

2. The ingress and egress of flies, other insects, rodents or animals;

3. The discharge of sewage or the discharge or d rainage of effluent from the sewage disposal system to empty, flow, seep, drain or cond ense into or otherwise pollute any stream, river, lake, tributary or subterranean or other waters;

4. A condition which will be offensive, dangerous or injurious to health. ( Ord. 1367 § 2
(part) , 2026: Prior code § 9091)

13.20.170 City health officer authority.

The
city manager or city health officer may order reasonable changes in the method, means, manner and place for the disposal treatment or discharge of sewage in order that the same shall not constitute a menace to health of human beings, anim als, or a public nuisance. The orders of the city manager or city health officer shall designate the period within which such changes are to be made. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9092)

13.20.180 Permit—Application—Fee.

Any person desiring to secure a permit or approval shall file an application therefor with the citydepartment , on such forms as the citydepartment shall require. A fee of four dollars shall be paid to the citydepartment on filing an application for a permit, to defray c osts of administration and inspection. No fee shall be required for a perm it to repair a sewage disposal system. The application shall contain a detailed plan and description of the existing or proposed means for the disposal of sewage and/or proposed addition or alteration. The application shall also contain such other information as the city manager or city health officer shall prescribe. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9093)

13.20.190 Investigation.

The
citydepartment may investigate the proposed sewage disposal syste m and the conditions effecting it to determine whether the construction as proposed will be offensive, injurious or dangerous to health. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9094)

13.20.200 Permit—Action required.

The
city department must grant, conditionally grant, or deny an applica tion for a permit within thirtyseven days after the application is filed. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9095)

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13.20.210 Permit—Denial—Appeal.

Any person whose application for a permit has been denied by the citydepartment may within
thirty days after the date of such denial appeal therefrom in writing to the city council . Such appeal shall be heard by the city council within sixty ten days after the date appeal is filed. (Prior code § 9096)

13.20.220 Completion notice required.

Upon the completion of a sewage disposal system by an applicant to whom a permit has been issued,
theyhe shall forthwith notify the citydepartment of such fact by transmitting to the citydepartment a notice of completion on a form supplied by the citydepartment . ( Ord. 1367 § 2 (part) , 2026: Prior code § 9097)

13.20.230 Certificate of completion.

The
citydepartment may make such investigation and inspection after c ompletion as may be necessary to determine that the plans and specifications approved in the permit have been complied with. It The city shall issue to the applicant a certificate of compl etion prior to the time that the work is covered, concealed or put in use. Failure to issue such certificate within ten days after the receipt of the notice of completion shall constitut e approval of the sewage disposal unless the person has been notified in writing to the contrary within the period. (Ord. 1367 § 2 (part) , 2026:

Prior code § 9098)

13.20.240 Variances.

The
city manager or city health officer may grant special permits allowing for variances from the provisions of this chapter when practicable difficulties and unnecessary hardships exist in the way of strict enforcement, and when the general purpose and intent of this chapter can be carried out by the variance. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9099)

13.20.250 Enforcement authority.

The
Uutilities Ddirector city manager or city health officer shall enforce all of the provisions of this chapter relative to sewage disposal, treatment or discharge and other matters regulated by this chapter. ( Ord. 1367 § 2 (part) , 2026: Prior code § 9100)

Chapter 13.25
SEWER CONNECTION SERVICE CHARGES*
Sections:

13.25.010 Sewer connection charges.

13.25.020 Collection of connection charges.

13.25.030 County defined.

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* Effective March 1, 1989 pursuant to emergency measure adopted by Ordinance No. 631-A.

13.25.010 Sewer connection charges.

A. There is hereby established a sewer connectio n charge which shall be collected prior to the issuance of building permits for commercial/industr ial development and dwelling units as established by resolution of the city council.

B. Purpose. The purpose of the fee is to establi sh a fund for financing equipment and capital improvement projects required to maintain municipal services at adequate levels as service requirements increase with the construction of comm ercial/industrial developments and dwelling units.

C. Inflationary Adjustment. The sewer connection charges established by this section shall automatically be adjusted on July 1st of each fisca l year by a percentage equal to the increase, if any, in construction costs since the prior fiscal year as determined by the city director based upon
Engineering News Record (or similar publication) co nstruction cost indices. The determination shall be reported to the city council by the city manager director on or about June 30th each year or as soon as the information is available. ( Ord. 1367 § 2 (part) , 2026: Ord. 988 § 2, 2003: Ord. 631-A § 1, 1989: Ord. 612 § 1, 1988: Ord. 588 § 1 ( part), 1987: Ord. 569 § 1, 1986: Ord. 367 (part), 1978)

13.25.020 Collection of connection charges.

Charges shall be collected prior to issuance of per mit to connect to city sanitary sewer collection
system. The funds collected from this charge shall be credited to the sewer system capital improvement fund of the city, to be expended therefrom as directed by the city council. These fees do not include fees that are applicable to develope r benefit districts, or the regional sanitation district. ( Ord. 1367 § 2 (part) , 2026: Ord. 631-A § 2, 1989: Ord. 612 § 2, 1988: Ord. 588 § 2, 1987:

Ord. 569 § 2, 1986: Ord. 367 (part), 1978)

13.25.030 County defined.

As used in this chapter, the term “county” means
Sacramento Area Sewer District
(SacSewer)Sacramento Regional County Sanitation Dis trict of Sacramento County and the “County portion” refers to the connection fee estab lished by county. ( Ord. 1367 § 2 (part) , 2026:

Ord. 631-A § 3, 1989: Ord. 612 § 3, 1988: Ord. 588 § 3, 1987: Ord. 569 § 3, 1986: Ord. 367 (part), 1978)
SECTION 3 SCOPE

Except as set forth in this Ordinance, all other p rovisions of the Folsom Municipal Code shall remain in full force and effect.

SECTION 4 SEVERABILITY

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If any section, subsection, clause, phrase, or por tion of this Ordinance is for any reason held to be unconstitutional, invalid, or ineffectiv e of any court of competent jurisdiction, such decision shall not affect the validity or effective ness of the remaining portions of this Ordinance or any part thereof. The City Council hereby decla res that it would have adopted this Ordinance and each section, subsection, sentence, clause, phr ase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses , phrases or portions be declared unconstitutional, invalid, or ineffective.

SECTION 5 NO MANDATORY DUTY

This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employ ee thereof a mandatory duty of care towards persons or property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 6 EFFECTIVE DATE

This Ordinance shall become effective thirty (30) days from and after its passage and adoption, providing it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation within the City of Folsom.

This Ordinance was introduced and the title thereo f read at the regular meeting of the City Council on April 14, 2026, and the second reading o ccurred at the regular meeting of the City Council on April 28, 2026.

On a motion by Councilmember___________________, seconded by Councilmember _________________________ the foregoing Ordinance w as passed and adopted by the City Council of the City of Folsom, State of California, this 28th day of April 2026, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

____________________________________
Justin Raithel, MAYOR

ATTEST:

____________________________
Christa Freemantle, CITY CLERK

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Folsom City Council
Staff Report

1 MEETING DATE:

4/14/2026
AGENDA SECTION:

New Business
ITEM TITLE: Ordinance No. 1368 – An Ordinance of the City of Fo lsom Amending Chapter 13.26 of the Folsom Municipal Code
Concerning Water Conservation (Introduction and Fir st Reading) and Determination that the Project is Exempt from CEQA

FROM: Utilities Department

RECOMMENDATION / CITY COUNCIL ACTION

The Utilities Department staff recommend that the City Council:

1. Introduce and conduct the first reading of Ordinance No. 1368 – An Ordinance of the City of Folsom Amending Chapter 13.26 of the Folsom Muni cipal Code Concerning Water Conservation; and

2. Determine that the Project is Exempt from CEQA.

BACKGROUND / ISSUE

The Folsom Municipal Code was initially adopted by the City of Folsom in 1973 consistent with and incorporating reference to several State Government Code sections governing local authority, police powers, and procedures. Over the last 53 yea rs, the Folsom Municipal Code has been amended numerous times annually to reflect legislat ive changes, policy changes, administrative changes and local preferences.

Chapter 13.26 of the Folsom Municipal Code (FMC), W ater Conservation, provides City staff guidelines to establish an effective and efficient water conservation policy. Upon review of Chapter 13.26 of the FMC, it was determined that more detailed provisions were necessary in order to continue to manage the City’s Water Conservation program effectively and efficiently and to continue to comply with State requirements.

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2 California law requires cities to implement water efficient landscape standards and reduce wasteful outdoor water use through two key pieces of framework:

 The Model Water Efficient Landscape Ordinance (MWELO). o Mandates water-efficient design, soil, and irrigati on standards for new and rehabilitated landscapes
o Sets a maximum applied water allowance based on loc al climate, promoting drought-tolerant plants and smart controllers
o Applies to public and private projects requiring a permit with new landscape areas over 500 square feet (2,500 square feet for rehabilitated landscape areas)

 Non-Functional Turf Legislation (AB 1572)
o Prohibits using potable water for irrigation on ornamental grass, such as decorative grass in medians, parking lots, sidewalk strips, an d unused spaces in commercial/HOA properties
o Enforcement begins in phases, with full compliance by 2031 as outlined below:
 January 1, 2027 – Government and Public Properties
 January 1,2028 – Commercial, Industrial, and Institutional Properties  January 1, 2029 – HOA common area, common interest developments, and community service organizations
 January 1, 2031 – All properties in disadvantage communities

Additionally, the proposed ordinance updates the Ci ty’s water conservation stages to align with the State’s standardized conservation framework. Al igning local stages with the State’s model ensures consistency with statewide drought response measures, improves clarity for customers, and provides the City with clear authority to implement and enforce conservation actions as water supply conditions change.

Changes are listed in the analysis section, and incorporated with specific language changes in track changes in the attached Ordinance.

POLICY / RULE

Pursuant to Section 1.01.021 (Adoption), the Folsom Municipal Code (FMC) was adopted by Ordinance 297 in 1973. Any subsequent amendment to the Folsom Municipal Code must also be adopted by Ordinance. Proposed Amendments to Title 13 do not require public hearing.

ANALYSIS

The City of Folsom Utilities Department has been wo rking collaboratively with the City Attorney’s office to amend Chapter 13.26 of the FMC . Amending Chapter 13.26 will bring the FMC into compliance with state water conservation r equirements under MWELO, AB 1572 and align the City’s water conservation stages with the State of California stages. The City Council has been provided with a redline version to more easily identify the changes recommended (see attachment).

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3 Key features of the revised ordinance include:

 Revised and Expanded Definitions (13.26.005).
 Updated practices that constitute Wasteful Use of Water (13.26.050).  Synchronized Water Conservation Stages with the States Stages (13.26.070).  Modified and expanded Water Use Restrictions (13.26.080).  Updated Sustainable Landscaping resources (13.26.100).  Expanded and specified language related to water waste penalties (13.26.170).  Expanded requirements associated with Landscape Variances (13.26.190)  Incorporated mandated text related to AB1572 (the b an of potable water used to irrigate nonfunctional turf) (13.26.210).
 Adoption of the Model Water Efficient Landscape Ordinance (13.26.220).

FINANCIAL IMPACT

This action has no direct financial impact on the City of Folsom.

ENVIRONMENTAL REVIEW

The proposed City Council action to adopt Ordinance No. 1368 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)(4) “Project” and Section 15061(b)(3) “Common Sense Exemption”. Under Section 15378, the action does not constitute a “project” under CEQA, as it pertains s olely to administrative or procedural matters that do not result in direct physical environmental changes. Furthermore, Section 15061(b)(3), the “common sense exemption”, applies because it can be determined with certainty that the adoption of this updated document will not lead to significant effects on the environment.

ATTACHMENT

Ordinance No. 1368 – An Ordinance of the City of Folsom Amending Chapter 13.26 of the Folsom Municipal Code Concerning Water Conservation

Submitted,

Marcus Yasutake, Director

UTILITIES DEPARTMENT

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Attachment 1

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Ordinance No. 1368

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ORDINANCE NO. 1368

AN ORDINANCE OF THE CITY OF FOLSOM AMENDING CHAPTER 13.26 OF THE

FOLSOM MUNICIPAL CODE CONCERNING WATER CONSERVATION

The City Council of the City of Folsom hereby does ordain as follows:

SECTION 1 PURPOSE
The purpose of this Ordinance is to amend Chapter 13.26 of Title 13 of the Folsom Municipal Code (the “code”) pertaining to Water Conservation. Amending this Chapter will allow for more effective and efficient management of the City’s Water Conservation program, continued compliance with State requirements, and alignment w ith the State’s standardized conservation framework.

SECTION 2 AMENDMENT TO CODE
Chapter 13.26 of the Folsom Municipal Code is hereby amended to read as follows:

Chapter 13.26

WATER CONSERVATION
Sections:

13.26.005 Definitions.

13.26.010 Application.

13.26.020 City responsibility.

13.26.030 Water conservation program and landscape guidelines.

13.26.040 Base allocation of water.

13.26.050 Wasteful use of water.

13.26.060 Determination of water conservation stages.

13.26.070 Water conservation stages.

13.26.080 Water use restrictions.

13.26.090 Construction water.

13.26.100 Sustainable landscaping.

13.26.110 Irrigation system inspections.

13.26.120 Discontinuance of water service.

13.26.130 Unauthorized water use.

13.26.140 Cross-connection control devices.

13.26.150 Violation declared a nuisance.

13.26.160 Enforcement.

13.26.170 Penalties.

13.26.180 Remedies cumulative.

13.26.190 Variances.

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13.26.200 Fire and other emergencies.

13.26.210 Nonfunctional Turf.

13.26.220 Model Water Efficient Landscape Ordinance.

13.26.005 Definitions.

A. “Base allocation” means the amount of water allocated to each customer class for both interior and exterior use on a monthly or billing cycle basis.

B. “Best management practice (BMP)” means a poli cy, program, practice, rule, regulation ordinance or the use of devices, equipment or facil ities that result in more efficient use or conservation of water.

C. “CalWEP” means the California Water Efficiency Partnership.

DC. “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by a professional trade organization or other educational organization.

D. “CDPH” means the California Department of Public Health.

E. “CII water use” means water used by commercial water users, industrial water users, institutional water users, and large landscape water users.

FE. “City” means the cCity of Folsom.

GF. “City manager” means the city m anager of the city of Folsom or his or her designee unless otherwise stated or indicated by context.

HG. “City water system” means those facilities within and without the city of Folsom that the cityCity of Folsom uses to deliver water as the water purveyor recognized by the California State Water Resources Control Board Division of Drinking Water.California Department of Public Health.

I. “Common Interest Development” means a community apartment project, condominium project, planned development, or stock cooperative, as defined in Civil Code Section 4100. The term does not include rental apartment buildings that are not organized as one of these forms of common interest development, including those lacking a hom eowners association or shared ownership of the property.

J. “Community Service Organization” means a non-p rofit, non-association entity providing services to common interest development residents or the public.

KH. “Customer” means any person or entity using wa ter supplied by the city water system. “Customer” includes tenants of single-family dwelli ngs or duplexes, owners of real property and management companies responsible for property management of real property.

L. “DDW” means the California State Water Resourc es Control Board Division of Drinking Water.

I. “CUWCC” means the California Urban Water Conservation Council.

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MJ. “Department” means the city ’s of Folsom utilities de partment.

N. “DWR” means the Department of Water Resources.

OK. “Director” means the Ccity of Folsom director of the Uutilities department or his or her designee unless otherwise stated or indicated by context.

P. “Disadvantage d community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.

QL. “Discontinued service” means having the water service turned off by the department.

RM. “Fire chief” means the fire chief of the cCity of Folsom or designee unless otherwise stated or indicated by context.

S. “Functional Turf” means a ground cover of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers t o permanently preclude human access for recreation or assembly is not functional turf.

T. “HOA” means homeowners association as defined in Section 4080 of the Civil Code.

UN. “Irrigation service” means a water service tha t is exclusively for landscape irrigation purposes.

V. “Large Landscape” means any nonresidential lan dscape that is subject to the Commercial, Industrial, and Institutional (CII) water-use perfo rmance measures adopted by the State Water Board pursuant to California Water Code Section 10609.10.

W. “MWELO” means Model Water Efficient Landscape Ordinance, which is a statewide standard that sets minimum landscape requirements.

X. “Nonfunctional Turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.

YO. “Nonresidential customer” means a customer of the city water system on whose property a residence is not situated.

ZP. “Person” means any person, business, firm, par tnership, association, corporation, company or organization of any kind.

AAQ. “Private fire service” means a private fire se rvice main and appurtenances installed in accordance with NFPA 24 on private property and mai ntained by the property owner for the explicit intent of providing fire flows either through fire hydrants, fire sprinkler systems, or other water-based fire protection systems.

AB. “Recreational Use Area” means an area designa ted by a property owner or governmental agency to accommodate human foot traffic for recrea tion, including, but not limited to, sports fields, gold courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.

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ACR. “Residential customer” means a customer of the city water system on whose property, whether owned or rented, at least one person resides.

ADS. “Sustainable landscaping practice” means the u se of best management practices in the planning and maintenance of water efficient landsca ping, as discussed in Section 13.26.100 , Sustainable landscaping.

AET. “Water conservation” means the best management practices for the reasonable and efficient use of water for both indoor and outdoor water demands.

AFU. “Water conservation program guidelines” means the program guidelines developed, maintained, and managed by the di rector pursuant to this chapter.

AGV. “Water management coordinator” means the water management coordinator in the utilities department.

AHW. “Wasteful use of water” is as defined in Section 13.26.050 . (Ord. 1118 § 2 (part), 2009) AI. “Turf” means a living ground cover surface of m owed grass.

13.26.010 Application.

The provisions of this chapter shall apply to all customers of the city water system. (Ord. 1118 § 2 (part), 2009) , with the exception of 13.26.210 Nonfunctional Turf. Section 13.26.210, shall apply to state and local government properties, CII water users, common areas of HOA’s, common interest developments, and community service organizations or similar entities.

13.26.020 City responsibility.

The city, and its duly authorized agents, servants and employees, shall have the exclusive right to deliver water within the city’s water service area. The city shall also have the right to manage water demand within the city’s water service area. (Ord. 1118 § 2 (part), 2009)

13.26.030 Water conservation program and landscape guidelines.

A. The Ddirector is authorized to develop sustainable landscape practic es consistent with the water conservation intent of this chapter, CUWCC best management practices and in accordance with applicable state regulations, and any applicable laws. The sustainable landscape pra ctices shall be included as a condition of approval for any development project with new or rehabilitated landscaping for which the city has discretionary ap proval authority where such landscape area is greater than two thousand five hundred square feet or as otherwise determined by the director to achieve the city’s water conservation goals.

B. The director shall oversee this chapter’s imp lementation, and any laws mandating water conservation. compliance with the CUWCC best manage ment practices and any laws mandating water conservation. The director Ccity shall, from time to time, but at least annually, r eview the sustainable landscape practices and determine if su ch practices are reasonable and achieve the level of conservation required under this chapter for the declared water conservation stage, taking into account the burden imposed on property owners. (Ord. 1118 § 2 (part), 2009)

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13.26.040 Base allocation of water.

The director may develop a base allocation for each class of customer account taking into account the needs and characteristics of each customer class. This base allocation may be used to evaluate compliance with the conservation stage in effect and to encourage the reasonable and efficient use of water. (Ord. 1118 § 2 (part), 2009)

13.26.050 Wasteful use of water.

Any of the following acts or omissions, whether int entional, unintentional, willful or negligent, shall constitute the wasteful use of water:

A. Water flowing away from a property caused by excessive application(s) of water beyond reasonable or practical irrigation rates, duration of application, or other than incidental applications to impervious surfaces.

B. Causing or permitting an amount of water to d ischarge, flow, run to waste into or flood any gutter, sanitary sewer, water course or storm drain , or to any adjacent lot, from any tap, hose, faucet, pipe, sprinkler, or nozzle. In the case of irrigation, “discharge,” “flow” or “run to waste” means that water is applied to the point that the e arth intended to be irrigated has been saturated with water so that additional applied water then fl ows over the earth. In the case of washing, “discharge,” “flow” or “run to waste” means that wa ter in excess of that necessary is applied to wash, wet or clean the dirty or dusty object ., such as an automobile, sidewalk, or parking area.

C. Allowing water fixtures or heating or cooling devices to leak or discharge water.

D. Maintaining ponds, waterways, decorative basi ns or swimming pools without water recirculation devices or with known leaks, both seen and unseen.

E. Discharging water from, and refilling, swimming pools, decorative basins or ponds in excess of the frequency reasonably necessary to maintain t he health, maintenance or structural considerations of the pool, basin or pond, as determined by the director.

F. Continued operation of an irrigation system that applies water to an impervious surface or that is in disrepair.

G. Use of a water hose not equipped with a control nozzle capable of completely shutting off the flow of water except when positive pressure is applied.

H. Irrigation of lawns or landscaping when it is raining . or within 48 hours after measurable rainfall of at least one-tenth of one inch of rain. In determining whether measurable rainfall of at least one-tenth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest California Irrigation Management Information System (CIMIS) station to the parcel, or any other reliable source of rainfall data available to the city.

I. Overfilling of any pond, pool or fountain whi ch results in water discharging from the pond, pool or fountain.

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J. Failure to repair customer pipes, faulty sprinklers or other water-related fixtures that leak water within five working days, unless the director infor ms the customer that the leak must be repaired more quickly, in which case the customer shall repair the leak in the time specified by the director.

K. Irrigating lawns or landscaping between the h ours of 10:00 a.m. and 10:00 p.m., with the exception of drip irrigation as otherwise authorize d pursuant to this chapter, unless a variance is granted by the director.

L. Using potable water from the city water syste m for compaction, dust control or other construction purposes without first obtaining appro val from the director as provided in Section 13.26.090 and a meter from the city.

M. Installing a single-pass cooling system, such as water cooled air compressor, in any property that is newly connected to the city water system. T his does not apply to evaporative cooling systems.

N. Installing a nonrecirculating system in any n ew automatic car wash or new commercial laundry system or failure to utilize current best management practices for water conservation that are industry standards. (Ord. 1118 § 2 (part), 2009)
O. Using potable water to irrigate nonfunctional turf.

P. The application of potable water to hardscapes , except where necessary to address andan immediate public health and safety need or to compl y with a term or condition in a permit issued by a state or federal agency.

13.26.060 Determination of water conservation stages.

In determining the city water system’s water conservation stage, the city manager shall determine whether that system’s water supplies available for potable use are sufficient to meet the current customer demands on that system and shall consider, unless otherwise excluded by this section, all relevant factors. The city manager shall consider, among other things: (A) any variations in the reliability of the water supplies available to the city water system; (B) any declarations by the Bureau of Reclamation concerning its ability to deliver water under Central Valley Project water- service their contracts with the city ; (C) availability of nonpotable water to meet nonp otable demands on the city water system; (D) the success, or lack thereof, of previous declarations of a less stringent water conservation stage in causing the water-use reductions sought by the city; (E) any declarations or orders issued by the State of California under the Emergency Services Act; and (EF) any agreements between the city and local water purveyors for deliveries of additional water supplies to the city. The city manager will select the necessary stage for conservation under Section 13.26.070 . (Ord. 1118 § 2 (part), 2009)

13.26.070 Water conservation stages.

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The city manager is authorized to implement and enf orce whatever conservation measures are deemed necessary to achieve the water reduction requirements of the declared conservation stage.

For each stage, the water use reduction for customers shall be as follows:

A. Normal Supply Stage one (basic stage) shall be in effect at all times unles s the city manager determines that a more restrictive conservation stage is appropriate. Base allocation of water may be used to determine allowable water use for each customer in this stage and compliance with the following conservation stages.

B. Stage one (water conservation) shall achieve a reduction of up to ten percent relative to the base allocation of water.

CB. Stage two (water shortage watchalert ) shall achieve a reduction of up to twe ntylve percent relative to the base allocation of water.

DC. Stage three (water alertwarning ) shall achieve a reduction of up to t hirtywenty percent relative to the base allocation of water.

ED. Stage four (water warningcrisis ) shall achieve a reduction of up to forty thirty-five percent relative to the base allocation of water.

FE. Stage five (water crisisemergency ) shall achieve a reduction of up to fifty percent relative to the base allocation of water ., or any other reduction the city manager determin es, in writing, is necessary to protect public health and safety in th e city during the actual situation presented by a stage five water emergency. (Ord. 1118 § 2 (part), 2009) G. Stage six (water emergency) shall achieve a r eduction greater than 50 percent relative to the base allocation of water, or enact any other reduct ion the city manager determines, in writing, is necessary to protect public health and safety in the city during the actual situation.

13.26.080 Water use restrictions.

Water use restrictions during the various conservat ion stages shall, at a minimum, be as listed below and may be augmented by other restrictions as determined necessary by the city manager.

A. During the stage one normal supply stage(basic stage) conservation stage , the following restrictions shall be enforced:

1. Water will be used for beneficial uses; all wasteful use of water is prohibited.

2. Water shall be confined to the customer’s pro perty and shall not be allowed to run off to adjoining propert iesy, streets, or to athe roadside ditch or gutter. Care shall be taken not to water past the point of saturation.

3. Washing down impervious surfaces such as driveways and sidewalks is prohibited unless for public health and safety purposes.

4. Fix leaks or faulty sprinklers promptly/within 5 day(s).

5. No landscape watering shall occur while it is raining.

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6. Landscape and lawn irrigation shall be limited to specific times (10 a.m. to 10 p.m.), with the exception of drip irrigation as otherwise autho rized, unless a variance is granted by the director.

73. Free flowing hoses are prohibited for all uses including landscape watering, vehicle and equipment washing, ponds, evaporative coolers a nd livestock watering troughs.

Automatic shut-off devices shall be installed on any hose or filling apparatus in use.

84. All pools, spas and ornamental fountains/ponds shall be equipped with a recirculation pump and shall be constructed to be leak proof. Poo l draining and refilling shall be allowed only to the extent required for health, maintenance , or structural considerations, and must otherwise comply with all applicable federal, state and local stormwater management requirements, including but not limited to Chapter 8.70 , Stormwater Management and Discharge Control.

B. During the stage one (water conservation) conservation stage , the following restrictions shall be enforced:

1. All normal supply stage restrictions shall co ntinue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. Fix leaks or faulty sprinklers promptly/within 3 day(s).

3. Use of potable water from the cCity water system for compaction, dust control, or other construction purposes without first obtaining appro val from the director as provided in Section 13.26.090 and a meter from the cCity is prohibited.

4. Encourage customers to wash only full loads when washing dishes or clothes.

5. Encourage customers to use pool covers to minimize evaporation.

6. Restaurants shall serve water only upon specific request.

CB. During the stage two (water alertshortage watch ) conservation stage , the following restrictions shall be enforced:

1. All stage one ( basic stagewater conservation ) restrictions shall continue to be enforced, except to the extent they are replaced by more rest rictive requirements imposed by this section.

2. Landscape and pasturelawn irrigation shall be limited to a maximum of three d ays per week based on the following odd-even schedule, with the exception of drip irrigation, which may be conducted on any day.
a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays, Thursdays and Saturdays.
b. Customers with street addresses that end with an even number may irrigate only on Wednesdays, Fridays and Sundays.
c. No irrigation is permitted on Mondays.

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d. Plant containers, trees, shrubs, and vegetable g ardens may be watered additional days using only drip irrigation or hand watering.

3. Non‐essential flushing of mains and fire hydr ants shall be prohibited.3. Hand and manual watering follows the same odd/even day sched ule and may be done anytime during the day.

4. Prohibit installing a non-recirculating system in a ny new automatic car wash or new commercial laundry system or failure to utilize current best management practices for water conservation that are industry standards.Washing of streets, parking lots, driveways, sidewalks, buildings or other hardscape surfaces is prohibited, except as necessary for health, sanitation or fire protection purposes.

5. Car washing is only permitted using a commercial carwash that recirculates water or by high-pressure/low-volume wash systems.Restaurants s hall serve water only upon specific request.

6. Public and private streetscape landscaping (medians and frontage) may be watered only on the same schedule as customers with street addresses that end with an even number.

DC. During the stage three (water alertwarning ) conservation stage , the following restrictions shall be enforced:

1. All stage two restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. Landscape and pasturelawn irrigation shall be limited to a maximum of two da ys per week based on the following odd-even schedule, with the exception of drip irrigation, which may be conducted on any day.
a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays and Saturdays.
b. Customers with street addresses that end with an even number may irrigate only on Wednesdays and Sundays.
c. No irrigation is permitted on Mondays, Thursdays and Fridays. d. Irrigation for public parks and other public grounds, including landscaping and lighting district property, shall only be allowed w ith an irrigation plan and irrigation system audit that has been approved by the director in accordance with Section 13.26.110 , irrespective of size.

3. Fix leaks or faulty sprinklers within 24 hours of n otification by utilities department or service may be discontinued.No water from the city water system shall be used for construction purposes such as dust control, compact ion, or trench jetting, unless the use is approved by the director consistent with the provisions of Section 13.26.090.

4. Water use for ornamental ponds and fountains is prohibited unless required to maintain existing vegetation or to sustain existing fish/animal life.

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5. Existing pools shall not be emptied and refil led using potable water unless required for public health and safety purposes.

ED. During the stage four (water warningcrisis ) conservation stage , the following restrictions shall be enforced:

1. All stage three restrictions shall continue t o be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. Landscape and pasture irrigation, including d rip irrigation, shall be limited to a maximum of one day per week based on the following odd-even schedule. a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays.
b. Customers with street addresses that end with an even number may irrigate only on Wednesdays.
c. No irrigation is permitted on Mondays, Thursdays, Fridays, Saturdays and Sundays.

3. Public and private streetscape landscaping (medians and frontage) may be watered only on the same schedule as customers with street addresses that end with an even number.

4. No water from the city water system shall be used to drain and refill swimming pools, artificial lakes, ponds or streams and no new permi ts for swimming pools, artificial lakes, ponds or streams shall be issued until the water co nservation stage has been declared to be stage one.

5. Water use for ornamental ponds and fountains is prohibited unless required to maintain existing vegetation or to sustain existing fish/animal life.

46. With the exception of landscapes watered with non-p otable water, nNew or expanded landscaping on properties is limited to drought-tol erant trees, shrubs, and ground cover and no new turf or grass shall be planted, hydro-seeded or laid.

5. 7. No new permits for pool will be issued.Washing of a utomobiles or equipment shall be done on the lawn or at a commercial establishment that uses recycled or reclaimed water.

8. All water leaks shall be repaired within twenty-four hours of notification by the utilities department or service may be discontinued.

FE. During the stage five (water crisisemergency ) conservation stage , the following restrictions shall be enforced:

1. All stage four restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. No landscape and/or pasture irrigation shall be allowed.

3. Flushing of sewers or fire hydrants is prohi bited, except in case of an emergency and for essential operations.

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4. Flushing of fire protection systems is prohibited, except during required maintenance or servicing of the system.

5. Water use for ornamental ponds and fountains is prohibited.

6. Washing of automobiles or equipment shall be done at a commercial establishment that uses recycled or reclaimed water.

27. Installation of any new lawns or landscaping is prohibited.

3. Water use is restricted for public health and safety purposes only.

8. No water from the city water system shall be used for construction purposes such as dust control, compaction, or trench jetting, unless the use is necessary for fire protection system testing, maintenance, or acceptance by the fire chief. (Ord. 1118 § 2 (part), 2009) G. During the stage six (water emergency) conservation stage , the following restrictions shall be enforced:

1. All stage five restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. Water use is restricted for public health and safety purposes only.

3. Customer rationing may be implemented.

13.26.090 Construction water.

Water for construction purposes obtained from the c ity’s water supply may only be used in the city’s water service area. Water for dust control, compaction and other construction activities shall be subject to the following conditions:

A. Use of water from the city water system for construction purposes shall require a city-issued construction water meter and a refundable security deposit that includes a monthly meter rental fee as established by the department. Prior to such water use, the construct ion water customer must obtain approval from the director to use the water for construction and agree to comply with all of the requirements of this chapter. The director may impose such additional conditions on the use of such water, including, but limited to, condi tions regulating the purpose for the use of the water, rate of use, location, frequency and quantit y of use, and such other conditions as deemed reasonably necessary by the director to effectuate the purposes of this chapter. The construction meter shall be located by the department and shall only be relocated or removed by the department.

Unauthorized relocation or removal of a construction meter shall be deemed theft and the offender shall be subject to the penalties set forth in Section 13.26.170 .

B. Construction water shall only be drawn throug h a construction water meter. Construction water drawn through an unmetered connection shall be deemed theft of water and shall be grounds for the deposit on the construction meter to be for feited. The offender shall also be subject to the penalties specified in Section 13.26.170 . In the event the person identified as drawing wat er

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without a metered connection does not have a meter, the action shall be deemed theft and the offender shall be subject to the penalties specified in Section 13.26.170 .

C. These requirements for construction water use may be modified or supplemented by other conservation measures as determined appropriate by the director for the declared conservation stage. The director may terminate the approval gran ted to use the construction water based on water use restriction stages, violation of the term s and conditions of use, and/or for conduct that amounts to wasteful use of water. (Ord. 1118 § 2 (part), 2009)

13.26.100 Sustainable landscaping.

Where this chapter permits or prohibits acts based upon whether or not a planting, tree, shrub, or groundcover is “drought-tolerant” or “sustainable” the determination shall be made based upon:
(A) Water Use Classification of Landscape Species ( https://wucols.ucdavis.edu/)(B) UC Davis Arboretum’s All Stars plant database (https://arboretum.ucdavis.edu/) (C) California Native Plant Society (https://calscape.org/)(D) low water using or native plants at local nurseries, or as determined by the dDirector. (Ord. 1118 § 2 (part), 2009) (A) Sunset’s The Western Garden Book (February 2007), Sunset Books Publishing; (B) Robert Perry, Trees and Shrubs for Dry California Landscapes; (C) EBMUD, Water Wise Gardening; (D) UC Davis Arboretum’s All Stars plant database (www.arboretum.ucdavis.edu) or as determin ed by the director. (Ord. 1118 § 2 (part), 2009)

13.26.110 Irrigation system inspections.

All customers, public and private, with a parcel ov er five acres and with a separate irrigation service shall conduct an annual irrigation system i nspection prior to the start of the irrigation season on April 1st. This inspection shall be performed by certified landscape irrigation auditor or licensed landscape or irrigation contractor and the results forwarded to the department in accordance with the procedure outlined in the water conservation program guidelines. This requirement will be waived for one full year if a full landscape water audit has been performed in the previous year by the department’s water managem ent staff, who are available on a limited basis. Single-family residences are exempt unless the director determines there has been wasteful use of water on a customer’s premises and the conditions have not been corrected within five days after the city provides written notification to discontinue such practice.

Customers that have a current irrigation system che ck-up on file with the department will be allowed one courtesy water waste warning before being deemed in violation of this chapter. (Ord. 1118 § 2 (part), 2009)

13.26.120 Discontinuance of water service.

The director may discontinue service to a customer’ s connection to the city water system at the time that the director or their designee, issues to the customer: (A) a notice of a third vi olation of this chapter during the normal supply stage one (basic stage), or stage one (water conservation)

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two (water alert) within two months; (B) a notice of a second violati on of this chapter during a stage two (water shortage watch) three (water warning) or a stage three (water alert) four (water crisis) within one month; or (C) a notice of a second viola tion during a stage four (water warning)five (water emergency) , irrespective of time. If the customer’s water ser vice is discontinued due to violations of this chapter, the customer shall be subject to the penalties specified in Section 13.26.170 . Upon seeking renewed service from the city, the c ustomer shall pay the city’s water turn off/on service fee as set by ordinance or resolution of the city council. (Ord. 1118 § 2 (part), 2009)

13.26.130 Unauthorized water use.

A. An illegal connection to the city water syste m shall either be metered by the property owner within the time specified by the department or disc onnected at the discretion and direction of the director, and the offender shall be subject to the penalties specified in Section 13.26.170 .

B. Unauthorized use of a fire hydrant, public or private, for anything other than fire flows or permitted and metered construction water shall subj ect the offender to the penalties specified in Section 13.26.170 and Chapter 8.36 , Folsom Fire Code.

C. Private fire services with an observed demand that is deemed not to be fire flow by the department shall have a meter and appropriate cross -connection control device installed by the property owner, upon approval by the director and the fire chief. Prior to making any modifications or alteration to the on-site fire service, a permit shall be obtained from the fire department in accordance with Chapter 8.36 . Upon written notification of the requirement to install a meter and cross-connection control device, the property owner shall have thirty calendar days to submit a plan of correction to the director. Failure to comp ly with this section shall subject the property owner to the penalties specified in Section 13.26.170 , Penalties, and the service may be disconnected at the discretion of the director and the fire chief. (Ord. 1118 § 2 (part), 2009)

13.26.140 Cross-connection control devices.

All connections to the city’s water system shall ha ve the appropriate cross-connection control device as required by CDPHDDW regulations and enforced by the department in accordance with Chapter 13.22 , Water System Cross-Connection Control. These devices shall be from the approved and published list maintained by the University of Southern California (USC) or other list as approved by the director and shall be tested annually in accordance with the department’s policies and procedures. Devices used on private fire servic es shall be listed for fire service use and maintained in accordance with State Fire Marshall regulations. (Ord. 1118 § 2 (part), 2009)

13.26.150 Violation declared a nuisance.

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chapter, any other applicable portion of the Folsom Municipal Code or applicable state law. (Ord. 1118 § 2 (part), 2009)

13.26.160 Enforcement.

A. This chapter shall be enforced pursuant to th e provisions of Chapter 1.08 to 1.10 , inclusive, of Title 1 of the Folsom Municipal Code and any other enforce ment mechanism available to the city under the Folsom Municipal Code and/or applicable law.

B. Unless otherwise expressly provided in this chapter, the director shall enforce the provisions of this chapter. (Ord. 1118 § 2 (part), 2009)

13.26.170 Penalties.

A. The goal of th ise chapters’ provisions is of this chapter are to achieve voluntary compliance from the customer, and the city will take reasonabl e measures to assure the customer has information available to promptly and efficiently a ddress water use issues. Where voluntary compliance cannot be achieved through initial conta cts and warnings, then appropriate administrative penalties and further action are required.

B. Penalties.

1. A violation of this chapter shall also be an administrative violation as defined in Section 1.08.020.

2. Each of the sanctions for administrative viol ations identified in Section 1.09.013 shall be available for enforcement of the provisions of t his chapter. Based on the criteria for imposition of administrative sanctions set forth in Section 1.09.014, each day a violation of this chapter continues it shall be deemed a Level A violation as that term is described in Section 1.09.012 with an initial penalty of up to one hundred dollars.

3. In addition to any other penalties provided by this chapter, if a customer of the city water system violates any of the water use restrictions d uring a stage one, two, three, four, or five water conservation stage as set forth in Section 13 .26.080, and such conditions are not corrected within five days after the customer is given written notice, the city is authorized to do any or all of the following:
a. Meter any flat rate service connection and ap ply the regularly established metered rates. If the parcel has over two thousand five hun dred square feet of landscaping a separate landscape meter may be installed. Costs fo r the water meters and installation shall be paid by the property owner.
b. If the service is metered, the customer shall be billed at twice the metered rate during the time that the violation continues. If mo re than two thousand five hundred

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square feet are irrigated and the parcel does not h ave a separate irrigation meter, then an irrigation meter may be installed. The customer shall be billed at twice the metered rate during the time the violation continues. Costs for the water meter, and for any required cross-connection controls and installation, shall be paid by the property owner.

Except as otherwise provided herein, violations of any provision of this chapter shall be addressed as follows:

Violation Penalty
First Personal or written notification of the violation.

Second
(Within three months of first
violation)

Written notification and issuance of a notice to correct.

Third
(Within six months of first
violation)

Fourth (Within nine months of
the first violation)

Fifth (Within twelve months of
the first violation)

Third
(Within six months of first
violation)

Issuance of a $50 administrative penalty, discontinued water service, and/or other penalties as provided in the notice of violation and as determined by the Utilities Director.

Issuance of a $100 administrative penalty, discontinued water service, and/or other penalties as provided in the notice of violation and as determined by the uUtilities Ddirector.

Issuance of a $200 administrative penalty, discontinued water service, and/or other penalties as provided in the notice of violation and as determined by the Uutilities dDirector.

Issuance of an administrative penalty, mandatory installation of a water meter, discontinued water service and/or other penalties as provided in the notice of violation and as determined by the utilities director .

B. Penalties.

1. A violation of this chapter shall also be an administrative violation as defined in Section 1.08.020.

2. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter. Based on the criteria for imposition of administrative sanctions set forth in Section 1.09.014, each day a violation of this chapter continues it shall be deemed a Level A violation as that term is described in Section 1.09.012 with an initial penalty of up to one hundred dollars.

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3. In addition to any other penalties provided by this chapter, if a customer of the city water system violates any of the water use restrictions during a stage two, three, four, or five water conservation stage as set forth in Section 13.26.080, and such conditions are not corrected within five days after the customer is given written notice, the city is authorized to do any or all of the following:
a. Meter any flat rate service connection and apply the regularly established metered rates. If the parcel has over two thousand five hundred square feet of landscaping a separate landscape meter may be installed. Costs for the water meters and installation shall be paid by the property owner.
b. If the service is metered, the customer shall be billed at twice the metered rate during the time that the violation continues. If more than two thousand five hundred square feet are irrigated and the parcel does not have a separate irrigation meter, then an irrigation meter may be installed. The customer shall be billed at twice the metered rate during the time the violation continues. Costs for the water meter, and for any required cross-connection controls and installation, shall be paid by the property owner.

All violations issued after the fifth violation ($200), and within one year of the first violation, will include an issuance of base penalty of $200 with a $100 penalty increase per violation for a not- to-exceed amount of $500 as set forth in Section 1.09.012.

Water waste violations may be issued as frequently as every five days.

C. Appeal. There shall be no appeal of the water use restriction identified in Section 13.26.080 and any appeal of administrative penalties shall f ollow the request for hearing procedures provided in Chapter 1.09 . Any order to install a mandatory water meter, dis continue water service or any other orders or decisions of t he director shall be appealable to the city manager pursuant to Section 2.08.060 ; provided, however, that the city manager’s decisi on shall be final and there shall be no right of appeal to the city council. (Ord. 1118 § 2 (part), 2009)

13.26.180 Remedies cumulative.

The remedies set forth in this chapter are cumulati ve to any other remedy available to the city.

Pursuit of one remedy shall not preclude any other remedy, and nothing contained in this chapter shall limit or be deemed to prevent the city from p ursuing any other remedy available to the city under the Folsom Municipal Code or other applicable law. (Ord. 1118 § 2 (part), 2009)

13.26.190 Variances.

In unusual circumstances, application of this chapt er may cause unnecessary hardships or results inconsistent with this chapter’s purposes and inten t. Therefore, variances to some of the requirements of this chapter may be appropriate as delineated below.

A. Authority to Grant Variances. The director may grant variances from this chapter’s provisions during a stage one, two, or three conservation stag e as specified in Section 13.26.080 , Water use restrictions. During stage four or five conservation stage as specified in that section, any previously

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granted variances shall be suspended without notice, unless they are based on a critical health need as determined by a licensed medical professional, w ith such determination being provided to the director.

B. Landscape Variances. Applications for landscape variances shall be obtained from, and filed with, the utilities department. The director may grant any such applications in his or her discretion in light of the condition of the water supply for the city water system. Any such variance shall be subject to the conditions presented in the water co nservation program and landscape guidelines.

Watering day variances will require that the following is installed at the water customer’s property:

1. A smart controller with the ability to adjust the percent of computed water application rate and/or duration to match the required reductio n percentage identified in Sections

13.26.070 and 13.26.080; and

2. Water efficient landscape sprinklers, nozzles, or spray heads are installed and approved by the dDepartment.

C. Other Variances. Customers who seek a variance from this chapter for any reason other than the needs of new landscaping shall submit to the utilities department a written request for variance, setting forth, in detail, the extraordinary circums tances that support the application. The director may approve the application in his or her discretio n; provided, that the variance allows the applicant to use only the minimum amount of water in addition to that allowed by this chapter that the director reasonably believes is necessary to satisfy the cir cumstances that support the application. Any such variance shall terminate one year after its issuance, subject to an application for its renewal. (Ord. 1118 § 2 (part), 2009)

13.26.200 Fire and other emergencies.

Nothing in this chapter s limits , or may be construed as limiting the availability o f water for extinguishing fires, meeting the demands of any oth er similar emergency, or routine inspection and maintenance of fire hydrants. (Ord. 1118 § 2 (part), 2009)

13.26.210 Nonfunctional Turf.

The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:
(A) All properties owned by the Department of General Services, beginning January 1, 2027. (B) All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027.

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(C) All other institutional properties and all comm ercial and industrial properties, beginning January 1, 2028.
(D) All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029. (E) All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 203 1, or the date upon which a state funding source is made available to fund conversion of nonf unctional turf on these properties to climate- appropriate landscapes, whichever is later.

The use of potable water is not prohibited by this section (Nonfunctional Turf) to the extent necessary to ensure the health of trees and other p erennial nonturf plantings, or to the extent necessary to address an immediate health and safety need. However, the cCity may require irrigation systems shallto be modified to apply potable water only where necessary to comply with this requirement. Irrigation zones that serve both turf grass and a tree may remain active as long as the tree depends on irrigation from that station . If a zone serves only turf grass and no tree(s), the irrigation station shall be shut off.

For turf to be considered “functional” it must be a recreational use area or community space. The area must be designated by a property owner or the cCity to accommodate human foot traffic for civic, ceremonial, community events, or social gath erings, or for sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas.

Nonfunctional turf may be converted into functional turf.

13.26.220 Model Water Efficient Landscape Ordinance.

The purpose of this section is to establish water efficient landscaping standards in accordance with the state of California Model Water Efficient Lands cape Ordinance, as set forth in Title 23, California Code of Regulations, Chapter 2.7, includ ing all appendices and any amendments adopted by the State. The goal of adopting MWELO is to promote water conservation, minimize water waste, and encourage sustainable landscape design and practices.

MWELO shall apply to the following landscape projects:

A) New construction projects with a landscape area as defined in Section 490.2(a)(41) equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review;
B) Rehabilitated landscape projects with a landscape a rea as defined in Section 490.2(a)(41) equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
C) Existing non-rehabilitated landscapes limited to Section 491.1; and D) Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Section s 493.3, 493.5, and 493.6; existing cemeteries are limited to Sections 493 and Section 491.1.

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The cCity mManager may delegate a designee who is authorized to administer, interpret, and enforce the provisions of MWELO, including review a nd approve of landscape documentation packages, inspections, and determinations of compliance.

The cCity may establish application forms, procedures, an d inspection requirements consistent with MWELO.

If any provision of the cCity’s municipal code conflicts with MWELO, the stricter water-efficiency requirement shall take precedence.

Future amendments to MWELO shall automatically appl y unless the cCity adopts a local amendment that is at least as effective in conserving water.

SECTION 3 SCOPE

Except as set forth in this Ordinance, all other p rovisions of the Folsom Municipal Code shall remain in full force and effect.

SECTION 4 SEVERABILITY

SECTION 5 NO MANDATORY DUTY

SECTION 6 EFFECTIVE DATE

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AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

____________________________________
Justin Raithel, MAYOR

ATTEST:

____________________________
Christa Freemantle, CITY CLERK

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Folsom City Council
Staff Report

1 MEETING DATE:

4/14/2026
AGENDA SECTION:

New Business
ITEM TITLE: Ordinance No. 1369 - An Ordinance of the City of Fo lsom Amending Chapter 13.22 of the Folsom Municipal Code
Concerning Water System Cross-Connection Control (Introduction and First Reading) and Determination that the Proje ct is Exempt from CEQA
FROM: Utilities Department

RECOMMENDATION / CITY COUNCIL ACTION

The Utilities Department staff recommend that the City Council:

1. Introduce and conduct first reading of Ordinance No . 1369 - An Ordinance of the City of Folsom Amending Chapter 13.22 of the Folsom Municip al Code Concerning Water System Cross-Connection Control; and

2. Determine that the Project is Exempt from CEQA.

BACKGROUND / ISSUE

The Folsom Municipal Code was initially adopted by the City of Folsom in 1973 consistent with and incorporating reference to several State Government Code sections governing local authority, police powers, and procedures. Over the last 53 yea rs, the Folsom Municipal Code has been amended numerous times annually to reflect legislat ive changes, policy changes, administrative changes and local preferences.

City staff identified minor code clean up items within Section 13.22 of the Folsom Municipal Code that should be updated to remove outdated reference s or antiquated provisions, and/or to reflect current best practices. This code clean up pertains to water system cross-connection control and is designed to protect the City’s water system from contamination and pollution caused by backflow events.

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2 These items are listed and described briefly in the analysis section, and incorporated with specific language changes in track changes in the attached Ordinance.

POLICY / RULE

ANALYSIS

This section of the report lists and summarizes the staff recommended minor code clean up items in Folsom Municipal Code Section 13.22.

Title 13.22 Water System Cross-Connection Control

1. Section 13.22.050 Definitions. Update the definitio n of “Department” from the Environmental and Water Resources Department to the Utilities Department and update the definitions to include the Water Distribution Manager.

2. Section 13.22.050 Evaluation of hazard. Replace the word administrator with specialist.

3. Section 13.22.090 Backflow prevention device testin g, maintenance, and inspection.

Update the notification requirements to match the language in the City’s Cross-Connection Control Plan Handbook.

FINANCIAL IMPACT

This action has no direct financial impact on the City of Folsom.

ENVIRONMENTAL REVIEW

The proposed City Council action to adopt Ordinance No. 1369 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)(4) “Project” and Section 15061(b)(3) “Common Sense Exemption”. Under Section 15378, the action does not constitute a “project” under CEQA, as it pertains s olely to administrative or procedural matters that do not result in direct physical environmental changes. Furthermore, Section 15061(b)(3) - the “common sense exemption”, applies because it can be determined with certainty that the adoption of this updated document will not lead to significant effects on the environment.

ATTACHMENT

Ordinance No. 1369 - An Ordinance of the City of Folsom Amending Chapter 13.22 of the Folsom Municipal Code Concerning Water System Cross-Connection Control

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3 Submitted,

Marcus Yasutake, Director

UTILITIES DEPARTMENT

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Attachment 1

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Ordinance No. 1369

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ORDINANCE NO. 1369

AN ORDINANCE OF THE CITY OF FOLSOM AMENDING CHAPTER 13.22 OF THE

FOLSOM MUNICIPAL CODE CONCERNING WATER SYSTEM CROSS-

CONNECTION CONTROL

The City Council of the City of Folsom hereby does ordain as follows:

SECTION 1 PURPOSE

The purpose of this Ordinance is to amend Chapter 13.22 of Title 13 of the Folsom Municipal Code (the “code”) pertaining to Water Sys tem Cross-Connection Control. Cross- Connection Control is designed to protect the City’ s water system from contamination and pollution caused by backflow events. Chapter 13.22 will align the code with current cross- connection control requirements issued by the State Water Resources Control Board.

SECTION 2 AMENDMENT TO CODE

Chapter 13.22 of the Folsom Municipal Code is hereby amended to read as follows:

Chapter 13.22

WATER SYSTEM CROSS-CONNECTION CONTROL

Sections:

13.22.010 Definitions.

13.22.020 Application.

13.22.030 City responsibility.

13.22.040 Cross-connection control program.

13.22.050 Evaluation of hazard.

13.22.060 Level of cross-connection protection required.

13.22.070 Approval of backflow prevention devices.

13.22.080 Location of backflow prevention devices.

13.22.090 Backflow prevention device testing, maintenance, and inspection.

13.22.100 Responsible customer representative.

13.22.110 Temporary backflow protection devices.

13.22.120 Backflow prevention device repair, replacement and relocation.

13.22.130 Discontinuance of water service.

13.22.140 Unauthorized activity.

13.22.150 Violation declared a nuisance.

13.22.160 Enforcement.

13.22.170 Penalties.

13.22.180 Remedies cumulative.

13.22.010 Definitions.

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A. “Air-gap separation (AG)” means a physical break be tween the supply line and a receiving vessel or drain. The air-gap shall be at least two diameters of the supply pipe measured vertically above the top rim of the vessel or drain and in no case less than one inch.

B. “Approved backflow prevention device (ABPD)” means an effective assembly used to prevent backflow into a potable water system which has passed laboratory and field tests by a testing organization recognized by the DDW and is listed on the approved and published list maintained by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC-FCCCHR).

C. “Approved water supply” means the city’s potable wa ter supply or any other water supply that is regulated by DDW.

D. “Auxiliary supply” means any water supply other tha n a potable supply regulated by DDW that is available to the customer.

E. “Backflow” means the reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of a potable supply of water from any source or sources.

F. “DDW” means the California State Water Resources Co ntrol Board, Division of Drinking Water.

G. “CA-NV Section AWWA” means the California-Nevada Se ction of the American Water Works Association (AWWA).

H. “Certified backflow prevention assembly tester” mea ns an individual who holds a current certificate as a backflow prevention assembly tester as issued by CA-NV Section AWWA, or equivalent organization as recognized by DDW and is certified by Sacramento County’s environmental management department.

I. “City” means the city of Folsom.

J. “City water system” means those facilities within a nd without the city that the city uses to deliver potable water as the DDW recognized water purveyor.

K. “Contamination” means degradation of the quality of the potable water by any substance which creates a hazard to the public health or whic h may impair the usefulness or quality of water.

L. “Cross-connection” means any unprotected actual or potential connection between a public or customer’s potable water system and any source o r system through which it is possible to introduce into any part of the potable system any used water, contaminant or other substance other than the potable water with which the system is supplied.

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Ordinance No. 1369

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M. “Cross-connection control specialist” means an indi vidual who holds a valid certificate as a cross-connection control specialist as issued by CA -NV Section AWWA, or equivalent organization as recognized by DDW and has been desi gnated as the city’s cross-connection control specialist by the department.

N. “Customer” means any person or entity including the city using water supplied by the city water system. “Customer” includes tenants of single-family dwellings or duplexes, owners of real property and management companies responsible for property management of real property.

O. “Department” means the city of Folsom
environmental and water resourcesutilities
department.

P. “Director” means the director of the department or his or her designee, unless otherwise stated or indicated by context.

Q. “Discontinued service” means having the water service turned off by the department.

R. “Double check valve backflow prevention assembly (DC)” means an assembly composed of two independently acting check valves, including sh ut-off valves and test cocks, that is an ABPD.

S. “Fire chief” means the fire chief of the city of Folsom, or designee unless otherwise stated or indicated by context.

T. “Premises” means any and all areas on a customer’s property which are served or have the potential to be served by the city water system.

U. “Private fire service” means a private fire service main and appurtenances installed in accordance with NFPA 24 on private property and mai ntained by the property owner for the explicit intent of providing fire flows either thro ugh fire hydrants, fire sprinkler systems, or other water-based fire protection systems.

V. “Reclaimed water” shall mean wastewater or other wa ter which as a result of treatment is suitable for nonpotable use.

W. “Reduced pressure principle backflow prevention device (RP)” means a device incorporating two check valves and an automatically operating differential relief valve located between the two checks, a tightly closing shut-off valve on eac h side of the check valve assembly, and equipped with necessary test cocks for testing, that is an ABPD.

X. “Service connection” shall refer to the point of co nnection of the customer’s piping to the city’s water system.

Y. “Single-family dwelling unit” means a building desi gned for one family and containing one kitchen.

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Z. “Water distribution supervisormanager ” means the water distribution supervisor manager in the department or his or her designee unless otherw ise stated or indicated by context. (Ord. 1315 § 2, 2021)

13.22.020 Application.

The provisions of this chapter shall apply to all customers of the city water system. (Ord. 1315 § 2, 2021)

13.22.030 City responsibility.

The city, and its duly authorized employees, shall operate the public water system and implement a cross-connection control program. The purpose of this chapter is to: (A) protect the city water system against actual or potential cross-connection s by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises; (B) eliminate existing connections be tween potable water systems and nonpotable systems that create a hazard to public health; (C) eliminate existing cross-connections between potable water systems and sources of contamination; and (D) prevent the making of cross- connections in the future. (Ord. 1315 § 2, 2021)

13.22.040 Cross-connection control program.

A. The director is authorized to develop a cross-connection control program that is consistent with the intent of this chapter, DDW regulations, California Code of Regulations, and any applicable laws. At a minimum, the program shall have the following elements:

1. Conducting surveys as required identifying those water users where cross-connections are likely to occur;

2. Require the provision of backflow protection by the water user at the water user’s service connection(s) or within the user’s premises or both if required based on the potential for a cross-connection;

3. Establishment of procedures for testing backflow prevention devices, and maintenance of records of locations, tests, and repairs of these devices; and

4. Maintain a list of certified backflow prevention assembly testers from the list compiled by the Sacramento County environmental management department’s list.

B. The director shall oversee this chapter’s implementation, compliance with DDW regulations, and any laws regulating cross-connection control. (Ord. 1315 § 2, 2021)

13.22.050 Evaluation of hazard.

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The department is authorized to evaluate the degree of potential health hazard to the city water system which may be created either as a result of c onditions existing or potential created by a customer on their premises. The department shall no t be responsible for abatement of cross- connections which may exist on the customer’s premi ses. Evaluation of the potential for health hazard, as a minimum, shall consider: (1) existence of cross-connections; (2) nature of materials on the premises and method of handling; (3) probability of backflow occurring; and (4) complexity and potential for modifications of piping system.

A. In the evaluation of the degree of potential hazard , consideration shall be given to premises with the following conditions:

1. Substances harmful to health handled in a manner wh ich could permit their entry into the city water system. This includes chemical and biolo gical process waters, water from an approved water supply which has been subjected to d eterioration in sanitary quality, and water from an auxiliary supply.

2. Internal cross-connections that are not corrected o r abated to the satisfaction of the cross- connection control
administratorspecialist .

3. Cross-connections are likely to occur and entry is restricted so that cross-connection inspections cannot be made on short notice or with the frequency given in Section 13.22.090 to assure that cross-connections do not occur.

4. Repeated history of cross-connections being established or reestablished.

B. Periodic inspections of the customer’s premises may be required either to evaluate the potential for cross-connections or adequacy of backflow preve ntion devices or practices. These inspections may be in response to activities such a s changes in use or ownership of the premises. The city shall provide twenty-four hours’ notice prior to inspection of the premises, unless conditions dictate that a longer or shorter notice period is more reasonable. Failure to provide the city with access to conduct an inspection shall constitute a violation of this chapter.

C. Cross-connection control requirements in this chapt er shall be included as a condition of approval for water service for any new development or redevelopment project, with the exception of single-family dwelling units unless th e single-family dwelling unit meets the condition as identified in subsection D of this section. Plans and specifications for any project other than single-family dwelling units (with the e xception of single-family dwelling units meeting the condition in subsection D of this secti on) requiring a building permit shall be required to install the minimum level of cross-connection protection at the point of connection to the public water system as defined by Section

13.22.060 .

D. Any single-family dwelling unit that includes an on-site domestic water pump, fire protection pump, water well or wastewater pump station will be required to install the minimum level of cross-connection protection at the point of connection to the public water system as defined by Section 13.22.060 . (Ord. 1315 § 2, 2021)

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Ordinance No. 1369

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13.22.060 Level of cross-connection protection required.

The level of protection required shall be commensurate with the degree of potential public health hazard that exists or potentially exists on the customer’s premises.

The minimum level of protection for all applications shall be a reduced pressure principle backflow prevention device (RP) with the exception that the retrofit of fire protection systems, private and public, without access to an auxiliary supply or ot her cross-connection shall be subject to the conditions of the permit from the fire department r equired for modifications to the fire system in accordance with Chapter

8.36 . The customer may choose a higher level of protect ion than that required by the cross-connection control program; however, the customer shall be responsible for installation in accordance with Section 13.22.080 . (Ord. 1315 § 2, 2021)

13.22.070 Approval of backflow prevention devices.

The cross-connection control specialist, after dete rmining the level of protection required per the requirements of Sections

13.22.050 and 13.22.060 , shall approve the backflow prevention device to be installed. The proposed device shall be an ap proved backflow prevention device as defined in this chapter and shall be located per the requir ements of Section 13.22.080 . Any interior or exterior coating of the backflow prevention device shall be American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 approved coating, in accordance with AWWA specification. (Ord. 1315 § 2, 2021)

13.22.080 Location of backflow prevention devices.

A. Backflow prevention devices shall be located as close as practical to the customer’s connection and shall be a minimum of twelve inches and a maxim um of thirty-six inches above finished grade as measured from the bottom of the device. Al ternative locations shall be subject to review and approval in writing by the cross-connect ion control specialist. There shall be a minimum of twelve inches of side clearance on the side with the test cocks.

B. Air-gap separation device (AG) shall be located as close as practical to the customer’s connection and all piping between the customer’s co nnection and the receiving tank shall be entirely visible unless impractical based on existi ng conditions and as otherwise approved in writing by the cross-connection control specialist. (Ord. 1315 § 2, 2021)

13.22.090 Backflow prevention device testing, maintenance, and inspection.

A. Backflow prevention device testing shall be in acco rdance with the field test procedures as outlined in the latest edition of the Manual of Cro ss-Connection Control, University of Southern California, Foundation for Cross-Connectio n Control and Hydraulic Research. All tests shall be performed by a certified tester, from the list of certified testers maintained by the county of Sacramento environmental management depar tment and the results of the test shall be submitted to the department. No new, repaired, o r relocated device that fails the test shall be placed in service.

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Ordinance No. 1369

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B. Customers with a backflow prevention device on their premises shall have the device inspected and tested on an annual basis by a certified tester. The department may require a more frequent testing schedule if is determined to be necessary b ased on the criteria presented in Section 13.22.050 . When devices are determined to be defective they shall be repaired or replaced by the customer within fourteen calendar d ays or a shorter time period based on any hazardous condition that might impact the city water system or other customer connections, or service will be discontinued. If service is discont inued, the customer shall pay the city’s turn on/off service fee, as set by ordinance or resolution of the city council.

C. The department will notify the customer annually th at the backflow prevention device needs to be tested. This notice shall contain the date wh en the testing must be completed, at least thirty days from the date of mailing, and instruction for how to submit the test results. If, forty- five calendar days after the date of mailing, the c ustomer has not submitted the required test report, the department will test the backflow preve ntion device and the customer will be charged a fee for this service as set by ordinance or resolution of the city council. In the event the backflow prevention device fails to pass the te st, the customer shall, within fourteen calendar days, either repair or replace the backflo w prevention device as provided in this section, or service will be discontinued.The custom er has forty-five (45) calendar days from the date of the initial notice to complete backflow testing and submit the test report to the city.

If the report is not received within 45 days, the d epartment will issue a second notice. If the report is still not received within fifteen (15) calendar days of the second notice, a final notice will be issued, providing seven (7) calendar days f or submittal of the report. The final notice from the department will include a date when servic e disconnection will occur, The customer shall pay the city’s fee for testing the backflow p revention device and the turn on/off service fee if required.

D. Upon completion of a test of the backflow preventio n device, the tester shall follow the instructions provided in the notice to submit the test report and pay the associated fee.

E. Test Submission Fee. The city council hereby establ ish a fee of fifteen dollars for the submission of backflow device test results under th e provisions of this chapter. This fee may be amended by resolution of the city council from time to time.

F. Discontinuance of service shall be cause for retesting of the backflow device on the service in accordance with the procedures outlined above. (Ord. 1315 § 2, 2021)

13.22.100 Responsible customer representative.

All customers required to submit a backflow prevent ion device inspection report per the requirements of Section

13.22.090 shall designate an individual responsible for moni toring the backflow prevention device and avoidance of cross-connections during operation and maintenance of the customer’s on-site pipelines and equipment, or any modifications thereto. In addition, this representative shall be responsible for notifying t he cross-connection control specialist of any potential contamination or pollution of the city wa ter system due to a cross-connection on the customer’s premises. Current contact information shall be supplied annually if not more frequently on the inspection report. In the event the departme nt is unable to contact a responsible customer

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Ordinance No. 1369

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representative after a cross-connection is discover ed, service may be temporarily discontinued at the discretion of the director until such testing occurs. (Ord. 1315 § 2, 2021)

13.22.110 Temporary backflow protection devices.

A. Temporary backflow protection devices of all types shall be subject to the approval of the cross-connection control specialist. An inspection report for the device shall be submitted for review and the tester will attach a department-supplied tag to the device.

B. Temporary connections for construction water or oth er approved uses shall be subject to the conditions and fees identified on the department’s temporary water use application. (Ord. 1315 § 2, 2021)

13.22.120 Backflow prevention device repair, replacement and relocation.

The customer shall obtain approval from the cross-connection control specialist before a backflow prevention device is replaced or relocated.

A. Repair. A backflow prevention device may be removed for repair; provided, that the water use is discontinued until the device is returned to ser vice, or the service connection is equipped with a temporary backflow prevention device that is approved by the cross-connection control specialist. A device returned to service must be tested and pass before being placed in service in accordance with Section

13.22.090 .

B. Replacement. A backflow prevention device may be removed and replaced; provided, that the water use is discontinued until the replacement dev ice is installed, tested, and passes before being placed in service in accordance with Section 13.22.090 .

C. Relocation. A backflow prevention device may be rel ocated upon approval by the cross- connection control specialist. The relocated device shall continue to provide the current level of protection or higher as determined by the cross- connection control specialist and shall satisfy installation requirements as given in Section 13.22.080 . The device shall be tested and pass before being placed in service in accordance w ith Section 13.22.090 . (Ord. 1315 § 2, 2021)

13.22.130 Discontinuance of water service.

A. The director may discontinue service to a customer’ s nonfire connection to the city water system at the time the director issues to the custo mer a second notice of violation of any provision of this chapter or determines that immedi ate discontinuance is necessary for the protection of the city’s water system. If the custo mer’s water service is discontinued due to violations of this chapter, the customer shall be s ubject to penalties specified in Section

13.22.170 . Upon seeking renewed service from the city, the b ackflow prevention device being returned to service must be tested in accordance with Section 13.22.090 . The customer shall pay the city’s water turn off/on service fee and any other appropriate fees as set by ordinance or resolution of the city council. Any decision by the director to discontinue service may be appealed as specified in Section 13.22.170 (C).

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Ordinance No. 1369

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B. Property owners with private fire services, upon be ing issued a notice of violation by the director of any provision of this chapter, shall ha ve thirty calendar days to submit a plan of correction to the director. Prior to making any mod ifications or alterations to the on-site fire service, a permit shall be obtained from the Folsom fire department in accordance with Chapter 8.36 . Failure to comply with this section shall subject the property owner to the penalties specified in Section 13.22.170 , and the service may be discontinued at the discretion of the director and the fire chief when discontinua nce is required to protect the city water system or other customer connections. Devices used on fire services shall be approved by the DDW and listed for fire service use and maintained in accordance with State Fire Marshall regulations. (Ord. 1315 § 2, 2021)

13.22.140 Unauthorized activity.

A. Any temporary or permanent connection to the city water system made without review by the department, whether it needs a backflow prevention device or not, shall subject the customer to the penalties specified in Section

13.22.170 .

B. Any person who makes, maintains, or causes to be maintained a temporary or permanent cross- connection shall be subject to the penalties specified in Section 13.22.170 .

C. Any customer who maintains any plumbing fixture as defined by the California Plumbing Code, or other appurtenance that discharges to a sa nitary sewer, which by reason of its construction may or potentially may cause contamina tion of the city water system shall be subject to the penalties specified in Section 13.22.170 . (Ord. 1315 § 2, 2021)

13.22.150 Violation declared a nuisance.

Any activity in violation of this chapter will adversely and seriously affect the public health, safety and welfare, is hereby declared to be a public nuis ance and may be remedied as provided in this chapter, any other applicable portion of the Folsom Municipal Code or applicable state law. (Ord. 1315 § 2, 2021)

13.22.160 Enforcement.

A. This chapter shall be enforced pursuant to the prov isions of Chapters

1.08 through 1.10 ,
inclusive, and any other enforcement mechanism avai lable to the city under the Folsom Municipal Code and/or applicable law.

B. Unless otherwise expressly provided in this chapter, the director shall enforce the provisions of this chapter. (Ord. 1315 § 2, 2021)

13.22.170 Penalties.

A. The goal of the provisions of this chapter is to ac hieve voluntary compliance from the customer, and the city will take reasonable measure s to assure the customer has information

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Ordinance No. 1369

Page 10 of 12 ends

available to promptly and efficiently address cross-connection control issues. Where voluntary compliance cannot be achieved through initial conta cts and warnings, then appropriate administrative penalties and further action are req uired. Except as otherwise provided herein, violations of any provision of this chapter shall be addressed as follows:

Violation Penalty
First Written notification and issuance of a
notice to correct.

Second Issuance of an administrative penalty,
discontinued water service and/or other
penalties as provided in the notice of
violation and as determined by the
director.

B. Penalties.

1. A violation of this chapter shall also be an admini strative violation as defined in Section

1.08.020 .

2. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter. Based on the criteria for imposition of administrative sanctions set forth in Section 1.09.014 , each day a violation of this chapter continues it shall be deemed a Level A violation as that term is described in Section 1.09.012 with an initial penalty of up to one hundred dollars.

3. Violations of this chapter which are deemed to be w illful noncompliance or unlawful connections may be subject up to a Level E violation as determined by the director.

C. Appeal. There shall be no appeal of the level of pr otection required as identified in Section

13.22.060 and any appeal of administrative penalties shall f ollow the request for hearing procedures provided in Chapter 1.09 . Any order to discontinue water service or any other orders or decisions of the director shall be appealable to the city manager pursuant to Section 2.08.060 ; provided, however, that the city manager’s decision shall be final and there shall be no right of appeal to the city council. (Ord. 1315 § 2, 2021)

13.22.180 Remedies cumulative.

The remedies set forth in this chapter are cumulati ve to any other remedy available to the city.

SECTION 3 SCOPE

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Ordinance No. 1369

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Except as set forth in this Ordinance, all other p rovisions of the Folsom Municipal Code shall remain in full force and effect.

SECTION 4 SEVERABILITY

SECTION 5 NO MANDATORY DUTY

SECTION 6 EFFECTIVE DATE

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

____________________________________
Justin Raithel, MAYOR

ATTEST:

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04/14/2026 Item No.20.

Ordinance No. 1369

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____________________________
Christa Freemantle, CITY CLERK

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04/14/2026 Item No.20.

Folsom City Council
Staff Report

1 MEETING DATE:

4/14/2026
AGENDA SECTION:

New Business
SUBJECT: City of Folsom Community Facilities District No. 24 (Alder Creek West)

FROM: Finance Department

RECOMMENDATION / CITY COUNCIL ACTION

It is recommended that the City Council adopt the following resolutions:

Resolution No. 11581 - A Resolution of the City Cou ncil of the City of Folsom Approving a Proposed Boundary Map and Declaring Intention to Fo rm a Community Facilities District to be Named “City of Folsom Community Facilities District No. 24 (Alder Creek West),” Identify Territory Proposed for Annexation to the Community Facilities District in the Future and to Levy Special Taxes therein

Resolution No. 11582 - A Resolution of the City Council of the City of Folsom Declaring the Necessity for Incurring Bonded Indebtedness in and for the City of Folsom Community Facilities District No. 24 (Alder Creek West) and i n and for each Improvement Area Designated therein and Territory Proposed for Annexation to the Community Facilities District in the Future and Calling for a Public Hearing thereon

BACKGROUND / ISSUE

The Folsom Plan Area Specific Plan Public Facilitie s Financing Plan (“PFFP”), approved by the City Council on January 28, 2014 via Resolution 9298, is an $877 million plan that describes the backbone infrastructure and facility requirements, presents a comprehensive financing strategy, and sets forth the estimated time horizon for the development of the Folsom Plan Area (“FPA”).

Landowners within the FPA requested to form the pro posed City of Folsom Community Facilities District No. 24 (Alder Creek West) (“CFD No. 24”), including four separate

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04/14/2026 Item No.21.
2 Improvement Areas (“IA”), designated as Improvement Area No. 1, No. 2A, No. 2B and No.

3. A boundary map showing the proposed CFD 24 and the four separate improvement areas is below and included as Attachment 3.

Special tax revenues generated from each IA within CFD No. 24 will help fund all or a portion of the project’s share of PFFP backbone infrastruct ure and facilities. A detailed list of authorized facilities can be found under Exhibit A of Resolution No. 11581. A summary of the facilities authorized to be funded by CFD No. 24 include, but are not limited to:
 Transportation Improvements including all public ro adway improvement designed to meet the needs of development within CFD No. 24, in cluding internal subdivision streets and related underground utilities.
 Water System Improvements
 Recycled Water System Improvements
 Drainage System Improvements
 Wastewater System Improvements
 Park, Parkway and Open Space Improvements
 Specific Plan Infrastructure Fee Infrastructure
 Other Incidental Expenses and Bond Issuance Costs

In addition, the following project-specific services are anticipated to be funded by CFD No. 24 special taxes:
 Open space maintenance
 Landscape corridors and paseos
 Street light maintenance

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04/14/2026 Item No.21.
3  Medians, entries and entry monumentation
 Neighborhood park maintenance, repair and replacement  Community amenities
 Storm water management
 Other miscellaneous costs related to any of the items described above  Anticipated future repairs or replacements costs.
 Public Services for Police, Fire and other emergency services

The proposed CFD No. 24 is located within the FPA a nd is generally bounded by U.S.

Highway 50 on the north, Prairie City Road on the w est, and White Rock Road on the south.

Each IA within CFD No. 24 includes several Assessor’s Parcel Numbers, which are identified in the proposed boundary map for CFD No. 24, includ ed as Attachment 4. The proposed development plan for each IA within CFD No. 24 includes the following:

The CFD No. 24 funding stream will be a combination of bonded indebtedness and pay-as- you-go (“PAYGO”) funding, both secured by the levy of special taxes upon property within the boundaries of CFD No. 24.

The resolutions attached begin the proceedings to p rovide for the creation of CFD No. 24.

Resolution No. 11581 will approve the boundary map (Attachment 3), declare the intention to form CFD No. 24, identify the territory proposed for annexation to CFD No. 24 and authorize the City to levy special taxes within the district. Resolution No. 11582 declares the necessity to incur bonded indebtedness within each IA of CFD No. 24.

If these resolutions are approved, a Public Hearing will be scheduled, along with an election of owners of property within CFD No. 24, for May 26, 2026.

POLICY / RULE

Chapter 5 of the Folsom Plan Area Public Facilities Financing Plan authorizes the formation of CFDs to finance the construction, acquisition, and servicing of FPA backbone infrastructure and public facilities

Section 2.5.3 of the First Amended and Restated Tie r 1 Development Agreement authorizes the formation of infrastructure CFDs

Improvement Area SF/SFHD Units MLD Units Total Units
IA 1 276 0 276
IA 2A 0 329 329
IA 2B 296 132 428
IA 3 391 0 391
Total 963 461 1,424

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04/14/2026 Item No.21.
4 Resolution No. 9282 – A Resolution of the City Coun cil of the City of Folsom Approving Goals and Policies for Community Facilities Districts

Mello-Roos Community Facilities Act of 1982

ANALYSIS

CFD No. 24 will be structured as an extended-term CFD and will provide the necessary funding to help fund all or a portion of the project’s shar e of PFFP backbone infrastructure and facilities, including related environmental mitigat ion obligations. The PFFP backbone infrastructure and facilities will be financed using both bond proceeds and PAYGO special tax revenues. The extended-term CFD structure is proposed to help to meet the challenge of high- cost infrastructure and facilities while also align ing the timing of future funding availability with the need for such funding.

The PFFP backbone facilities to be funded via CFD N o. 24, and listed above, were originally anticipated to be funded by either Community Facili ties District No. 18 (Folsom Plan Area - Area-Wide Improvements and Services) or funded as part of project specific CFDs established for each development within the FPA.

The special tax revenue generated from taxable parcels within each IA of CFD No. 24 will be comprised of a special tax to fund facilities and a special tax to fund services. The 2026/27 maximum facilities special tax rates, set forth in each IA’s Rate and Method of Apportionment (RMA), for each land use category are provided in the table below:

Land Use Category
Improvement
Area
Village
/ Lot #
2026/27
Maximum
Facilities
Special Tax
Rate Per
Single -Family Detached Property - SF Zoning IA 1 5 $3,920 Lot Single -Family Detached Property - SFHD Zoning IA 1 6 $3,505 Lot Single -Family Detached Property - SF Zoning IA 1 7A $5,402 Lot Single -Family Detached Property - SFHD Zoning IA 1 7B $4,522 Lot Single -Family Detached Property - SF Zoning IA 1 7B $5,719 Lot Single -Family Detached Property - MLD Zoning IA 2A 1A $2,547 Lot Single -Family Detached Property - MLD Zoning IA 2A 1B $2,598 Lot Single -Family Detached Property - MLD Zoning IA 2A 1C $2,498 Lot Single -Family Detached Property - SFHD Zoning IA 2B 2A $2,947 Lot Single -Family Detached Property - SFHD Zoning IA 2B 2B $2,563 Lot Single -Family Detached Property - MLD Zoning IA 2B 3A $2,573 Lot Single -Family Detached Property - SF Zoning IA 2B 3B $5,025 Lot Single -Family Detached Property - SF Zoning IA 2B 4A $3,848 Lot Single -Family Detached Property - SF Zoning IA 2B 4B $5,042 Lot

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04/14/2026 Item No.21.
5 Single -Family Detached Property - SF Zoning IA 3 8A $4,237 Lot Single -Family Detached Property - SF Zoning IA 3 8A $4,083 Lot Single -Family Detached Property - SF Zoning IA 3 8B $5,013 Lot Single -Family Detached Property - SF Zoning IA 3 8C $5,563 Lot Single -Family Detached Property - SF Zoning IA 3 9A $5,086 Lot Single -Family Detached Property - SF Zoning IA 3 9B $4,279 Lot Permit Ready Multi-Family/Non-Residential
Property IA 1, IA 2B, IA3 $20,000 Acre
Large Lot Property IA 1, IA 2B, IA3 $20,000 Acre
Undeveloped Property IA 1, IA 2B, IA3 $20,000 Acre Permit Ready Multi-Family/Non-Residential
Property IA 2A $23,000 Acre
Large Lot Property IA 2A $23,000 Acre
Undeveloped Property IA 2A $23,000 Acre

The CFD No. 24 facilities special tax can be levied and collected through Fiscal Year 2085/86.

Each fiscal year, commencing with 2027/28, the maxi mum facilities special tax rate will be increased by 2% annually.

The 2026/27 maximum services special tax rates, set forth in each IA’s RMA for each land use category are provided in the table below:

Land Use Category
Improvement
Area
Village
/ Lot #
2026/27
Maximum
Services
Special Tax
Rate Per
Single -Family Detached Property - SF Zoning IA 1 5 $858 Lot Single -Family Detached Property - SFHD Zoning IA 1 6 $616 Lot Single -Family Detached Property - SF Zoning IA 1 7A $977 Lot Single -Family Detached Property - SFHD Zoning IA 1 7B $659 Lot Single -Family Detached Property - SF Zoning IA 1 7B $659 Lot Single -Family Detached Property - MLD Zoning IA 2A 1A $450 Lot Single -Family Detached Property - MLD Zoning IA 2A 1B $470 Lot Single -Family Detached Property - MLD Zoning IA 2A 1C $400 Lot Single -Family Detached Property - SFHD Zoning IA 2B 2A $578 Lot Single -Family Detached Property - SFHD Zoning IA 2B 2B $566 Lot Single -Family Detached Property - MLD Zoning IA 2B 3A $461 Lot Single -Family Detached Property - SF Zoning IA 2B 3B $857 Lot Single -Family Detached Property - SF Zoning IA 2B 4A $931 Lot Single -Family Detached Property - SF Zoning IA 2B 4B $840 Lot Single -Family Detached Property - SF Zoning IA 3 8A $695 Lot

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6 Single -Family Detached Property - SF Zoning IA 3 8A $695 Lot Single -Family Detached Property - SF Zoning IA 3 8B $869 Lot Single -Family Detached Property - SF Zoning IA 3 8C $816 Lot Single -Family Detached Property - SF Zoning IA 3 9A $796 Lot Single -Family Detached Property - SF Zoning IA 3 9B $653 Lot

The CFD No. 24 services special tax can be levied and collected until the bonds mature, or the “Transition Event”, per the RMA. Each fiscal year, commencing with 2027/28, the maximum services special tax rate will be increased by the maximum of two percent (2%) or the June annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area, not to exceed four percent (4%).

After the Transition Event, both the facilities spe cial tax and services special tax levies will cease, and a transition services special tax will replace the prior funding. The transition services special tax will be an amount equal to 50% of the maximum facilities special tax rate the year prior to the Transition Event plus the maximum serv ices special tax rate the year prior to the Transition Event. Each fiscal year, commencing with the transition year, the maximum transition services special tax rate will be increa sed by the maximum of two percent (2%) or the June annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area, not to exceed four percent (4%).

As described above, CFD No. 24 will include an exte nded-term in order to provide the financing to fund CFD No. 24 authorized facilities through multiple CFD bond issues and the generation of PAYGO special tax revenue from the levy and collection of the special tax. The primary pledge of CFD No. 24 special tax revenues will be to service outstanding CFD No. 24 debt. Special tax revenues in excess of the annual debt service and administrative expenses will be used on a PAYGO basis. 100% of the PAYGO re venue beginning with CFD No. 24 formation through the 20th fiscal year is intended to be available to the landowners to fund eligible facilities. After that, any PAYGO revenue s may be used at the City’s discretion to continue to fund or acquire eligible facilities, or the City may elect to reduce the special tax levy amount to eliminate PAYGO revenues.

Approving the resolutions attached also approves th e boundary map for CFD No. 24. Upon passage of these resolutions, a Public Hearing conc erning the formation of CFD No. 24 will be scheduled, along with an election of owners of property within each IA of CFD No. 24, for May 26, 2026.

FINANCIAL IMPACT

There is no direct impact to the General Fund for t he City of Folsom. However, the City engaged NBS to conduct a Fiscal Impact Analysis of future development, which identified a negative fiscal impact within the Folsom Plan Area related to public safety services.

To address this impact, the services special tax fo r CFD No. 24 was structured to include police, fire, and other emergency services as project-specific services. The CFD’s proportional

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7 share of the identified negative fiscal impact is e xpected to be funded through CFD No. 24 special tax revenues.

The CFD No. 24 formation, bonded indebtedness, and expenses are solely the responsibility of CFD No. 24. The General Fund is not impacted by the CFD No. 24 Rate and Method of Apportionment.

ENVIRONMENTAL REVIEW

An Initial Study and Mitigated Negative Declaration prepared for the Folsom Plan Area Backbone Infrastructure Project were previously prepared for, and adopted by the City Council on February 24, 2015, in accordance with the requir ements of the California Environmental Quality Act. Pursuant to CEQA Guidelines section 15378(c), the term “project” does not mean each separate governmental approval for an approved activity which may be subject to several discretionary approvals by governmental agencies. Additionally, the creation of government funding mechanisms which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment is not defined as a “project” under CEQA. CEQA Guidelines Section 15378(b)(4) and 15061(b)(3).

ATTACHMENTS

1. Resolution No. 11581 - A Resolution of the City Council of the City of Folsom Approving a Proposed Boundary Map and Declaring Intention to Form a Community Facilities District to be Named “City of Folsom Community Facilities District No. 24 (Alder Creek West),” Identify Territory Proposed for Annexation to the Community Facilities District in the Future and to Levy Special Taxes therein

2. Resolution No. 11582 - A Resolution of the City Council of the City of Folsom Declaring the Necessity for Incurring Bonded Indebtedness in and for the City of Folsom Community Facilities District No. 24 (Alder Creek West) and in and for each Improvement Area Designated therein and Territory Proposed for Annexation to the Community Facilities District in the Future and Calling for a Public Hearing thereon.

3. Boundary Map of Proposed CFD No. 24

Submitted,

Stacey Tamagni
Finance Director/CFO

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Attachment 1

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RESOLUTION NO. 11581

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOLSOM

APPROVING A PROPOSED BOUNDARY MAP AND DECLARING

INTENTION TO FORM A COMMUNITY FACILITIES DISTRICT TO BE NAMED “CITY OF FOLSOM COMMUNITY FACILITIES DISTRICT
NO. 24 (ALDER CREEK WEST),” IDENTIFY TERRITORY PROPOSED

FOR ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT IN

THE FUTURE AND TO LEVY SPECIAL TAXES THEREIN
WHEREAS , in accordance with the provisions of Section 5331 2.7 and 53345.8 of the California Government Code, the City Council (the “ City Council”) of the City of Folsom (the “City”) previously adopted the Local Goals and Poli cies (the “City Goals and Policies”) concerning the use of the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS , it is proposed to form a community facilities dis trict within the area of the City known as “Alder Creek West” under the Act; and
WHEREAS , the name of the proposed community facilities dis trict shall be “City of Folsom Community Facilities District No. 24 (Alder Creek West)” (“CFD 24” or the “CFD”); and WHEREAS , pursuant to Section 53350 of the Act, it is propo sed to designate three improvement areas within CFD 24 (each, an “Improvement Area”); and WHEREAS , the names of the Improvement Areas shall be “City of Folsom Community Facilities District No. 24 (Alder Creek West) Impro vement Area No. 1” (“Improvement Area No. 1”), “City of Folsom Community Facilities District No. 24 (Alder Creek West) Improvement Area No. 2A” (“Improvement Area No. 2A”), “City of Folsom Community Facilities District No. 24 (Alder Creek West) Improvement Area No. 2B” (“Im provement Area No. 2B”), and “City of Folsom Community Facilities District No. 24 (Alder Creek West) Improvement Area No. 3” (“Improvement Area No. 3”); and
WHEREAS , the proposed boundaries of CFD 24, and each portion of CFD 24 designated as an Improvement Area, are shown on the boundary m ap entitled “Map of Boundaries City of Folsom Community Facilities District No. 24 (Alder Creek West),” on file with the City Clerk (the “Boundary Map”); and
WHEREAS , the types of public facilities (the “Facilities”) and services (the “Services”) proposed to be financed by CFD 24 are set forth in Exhibits A and B, respectively, attached hereto, and the City finds that the Facilities and Services are necessary to meet increased demands placed upon the City as the result of new development occurring and anticipated within CFD 24; and WHEREAS , the types of incidental expenses proposed to be i ncurred are set forth in Exhibit C attached to this resolution;

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

Section 1. The City Council finds and determines that the fore going recitals are true and correct.

Section 2. The City Council hereby finds and determines that C FD 24, and each Improvement Area, is in compliance with the City Go als and Policies, and to the extent of any non-compliance with the City Goals and Policies, such compliance is hereby waived by the City.

Section 3. It is the intention of the City Council to establis h and the City Council hereby proposes to establish a community facilities district under and pursuant to the terms and provisions of the Act to be known and designated as the “City of Folsom Community Facilities District No. 24 (Alder Creek West)” and to identify territory proposed for annexation to CFD 24 in the future with the unanimous approval of the ow ner or owners of each such parcel or parcels at the time that such parcel or parcels are annexed to CFD 24 (the “Future Annexation Area”). The boundaries of the territory proposed for inclusion in CFD 24 and the proposed Future Annexation Area are more particularly described and shown on the Boundary Map now on file in the office of the City Clerk. The City Council hereby approves t he Boundary Map and adopts the boundaries shown on the Boundary Map as describing the extent of the territory included in CFD 24, each Improvement Area therein, and the Future Annexation Area. The City finds that the Boundary Map is in the form and contains the matters prescri bed by Section 3110 of the California Streets and Highways Code and directs the City Clerk to certify the adoption of this resolution on the face of the Boundary Map, and to file a copy of the Boun dary Map with the County Recorder for placement in the Book of Maps of Assessment and Com munity Facilities Districts no later than fifteen (15) days after the adoption of this resolution.

Section 4. It is the intention of the City Council to finance the Facilities and fund the Services described in Exhibits A and B, respectively, attached hereto and made a part hereof. All of the Facilities to be financed will have an estim ated useful life of at least five (5) years. They are public facilities that the City or another governmental entity is authorized by law to construct, own or operate or to which they may contribute reve nue. The Facilities to be financed need not be physically located within CFD 24.

Section 5. Except where funds are otherwise available, special taxes sufficient to pay for all Facilities and Services will be annually le vied within each Improvement Area. It is the intention of the City Council that a parcel or parc els within the Future Annexation Area may be annexed to CFD 24 and subjected to the special taxe s only with the unanimous approval of the owner or owners of such parcel or parcels at the ti me that such parcel or parcels are annexed to CFD 24. Upon recordation of a notice of special ta x lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure the related levy of the special tax shall attach to all nonexempt real property within CFD 24, and the lien shall continue in force and effect until the special tax obligation (or any portion thereof) is paid or prepaid and permanently satisfied and the related special tax l ien is cancelled in accordance with law or until collection of the related special tax by the City c eases. The rate and method of apportionment of the special tax to be levied in each Improvement Ar ea are set forth in Exhibit D-1 through D-3, respectively, attached to this resolution. The rate of special taxes, including the maximum special

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taxes, for a parcel or parcels in the Future Annexation Area annexed to CFD 24 with the unanimous approval of the owner or owners of such parcel or p arcels, shall be levied as set forth in Exhibit D-1 through D-3 in accordance with the Improvement Area to which such area is annexed. The special tax with respect to the Facilities on any parcel within each Improvement Area shall not be levied after the earlier of (i) Fiscal Year 2085-86 or (ii) the Fiscal Year occurring 50 years following (a) the Fiscal Year in which the first building permit was issued, or (b) the first series of bonds was issued within the respective Improvement Area. The special tax with respect to the Services shall be levied perpetually until the coll ection of the special tax by the City ceases. In the case of any special tax to pay for the Faciliti es and to be levied against any parcel used for private residential purposes, under no circumstances will the special tax levied against any parcel be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within any Improvement Area by more than 10 percent of the special tax for Facilities that would be levied in that Fiscal Year but for such delinquencies or defaults.

Section 6. Advances of funds or contributions of work in kind from any lawful source, specifically including owners of property within each Improvement Area, may be reimbursed from bond proceeds or from special tax revenue or both t o the extent of the lesser of the value or cost of the contribution, but any agreement to do so shall not constitute a debt or liability of the City.

To the extent the Facilities will not be constructe d by the City, in the opinion of the City Council, the public interest will not be served by allowing the property owners in CFD 24 to intervene in a public bidding process pursuant to Section 53329.5(a) of the Act.

Section 7. The City intends to reserve to itself the right and authority to allow bond tenders from any interested landowner within CFD 24 to be accepted under Government Code sections 53344.1 and 53356.8 in full or partial pay ment of any installment of the special taxes or the interest or penalties thereon.

Section 8. The City Council hereby sets Tuesday, May 26, 2026, 6:30 p.m., or as soon thereafter as the City Council may reach the matter , at the City Hall, 50 Natoma Street, Folsom, CA, 95630, as the time and place for the public hea ring on the formation of CFD 24. At the hearing, oral and written testimony concerning the formation of CFD 24, the extent of CFD 24 and the identification of the Future Annexation Area, t he designation of the Improvement Areas and the furnishing of the Facilities and Services will be heard and protests will be considered from registered voters residing within CFD 24 and person s owning real property within CFD 24 or the Future Annexation Area. Written protests against t he formation of CFD 24 or designation of an Improvement Area by a majority of the registered vo ters (if at least six such voters protest) or by the owners of a majority of the land which would be subject to special taxation within the related Improvement Area will require the suspension of pro ceedings to form CFD 24, to designate the related Improvement Area and to levy the specified special tax for at least one year. Written protests by fifty percent (50%) or more of the registered voters or six registered voters, whichever is more, residing within the Future Annexation Area , or by the owners of one-half or more of the land area within the Future Annexation Area, will r equire suspension of the proceedings to authorize the same territory to be annexed to CFD 2 4 in the future for at least one year. If such protests constitute a majority protest and are directed only against a specified type or types of the Facilities and Services or against levying a specif ied special tax, only those types of Facilities, Services or the specified special tax will be elimi nated from the proceedings. Any protests

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pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which o bjection is made. Written protests must be filed with the City Clerk at or before the time fixed for the hearing.

Section 9. Any bonds issued in these proceedings shall be callable in accordance with the provisions of the Act and as more specifically to be set forth in any resolution authorizing the issuance of bonds or indenture authorized thereby.

Section 10. It is anticipated that the special tax will be bill ed as a separate line item on the regular secured property tax bills, and will be subject to the same enforcement mechanism, and the same penalties and interest for late payment, a s regular ad valorem property taxes. However, the City reserves the right, under Section 53340, to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing, and when lawfully available, judicial foreclosure of the special tax lien.

Section 11. The City Manager or his/her designee is directed to study CFD 24 and prepare for filing at the public hearing the report required by Section 53321.5 of the Act (the “CFD Hearing Report”). The City Manager may delegate to consultants the duty to perform the study and prepare the CFD Hearing Report.

Section 12. If elections are held in these proceedings, it is t he intention of the City Council that the electors will be the owners of property within CFD 24 pursuant to Sections 53326 and 53350 of the Act.

Section 13. The City Council also intends to establish the annu al appropriations limit for Improvement Area No. 1 at $31,000,000, for Impr ovement Area No. 2A at $21,000,000, for Improvement Area No. 2B at $35,000,000, and for Improvement Area No. 3 at $47,000,000, each for the 2026-27 fiscal year.

Section 14. The City Clerk is hereby directed to have the Notic e of Public Hearing in the form attached to this resolution as Exhibit E p ublished once in a newspaper of general circulation in the vicinity of CFD 24, no later than ten (10) days prior to the public hearing.

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Section 15. This resolution shall take effect from and after its adoption.

PASSED AND ADOPTED this 14th day of April, 2026, by the following roll-call vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):

ABSTAIN: Council Member(s):

___________________________________
Justin Raithel, MAYOR

ATTEST:

____________________________________
Christa Freemantle, CITY CLERK

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EXHIBIT A

AUTHORIZED FACILITIES

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24
(ALDER CREEK WEST)

The Facilities to be financed by CFD 24 include fac ilities designed to meet the needs of development within CFD 24, whether such facilities are located within or outside the boundaries of CFD 24, and include but are not limited to the following:

Transportation Improvements
Eligible roadway improvements include, but are not limited to: acquisition of land and easements; roadway design; project management; brid ge crossings and culverts; clearing, grubbing, and demolition; grading, soil import/expo rt, paving (including slurry seal), and decorative/enhanced pavement concrete and/or pavers ; joint trenches, underground utilities and undergrounding of existing utilities; dry utili ties and appurtenances; curbs, gutters, sidewalks, bike trails (including onsite and off-si te), enhanced fencing, and access ramps; street lights, signalization, and traffic signal co ntrol systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters, Bus Rapid Transit improvements including transfer stations and regional public transit improvements; masonry walls; traffic contro l and agency fees; and other improvements related thereto. Eligible improvements for the roa ds listed herein also include any and all necessary underground potable and recycled water, s anitary sewer, and storm drainage system improvements.

Water System Improvements
Authorized facilities include any and all water fac ilities designed to meet the needs of development of property within CFD 24. These facilities include, but may not be limited to: water storage, treatment and distribution facilities incl uding waterlines and appurtenances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto such as site clearing, grading and paving; curbs and gutters; booster pump stations and power; stand-by generators; site lighting, drainage, sanitary sewer , and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

Recycled Water System Improvements
Authorized facilities include any and all recycled water system facilities designed to meet the needs of development of property within CFD 24. These facilities include, but may not be limited to: treatment and distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto - such as site clearing, grading and paving; curbs and gutter s; booster pump stations; stand-by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

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Drainage System Improvements
Authorized facilities include any and all drainage and storm drain improvements designed to meet the needs of development of property within CFD 24. These facilities include, but may not be limited to: excavation and grading, pipelines an d appurtenances, outfalls and water quality measures, detention/retention basins, drainage pret reatment facilities, drainage ways/channels, pump stations, landscaping and irrigation; access roads, gates, and fencing; and striping and signage and other improvements related thereto.

Wastewater System Improvements
Authorized facilities include any and all wastewater facilities designed to meet the needs of development of property within CFD 24. These facil ities include, but may not be limited to, pipelines and all appurtenances thereto; manholes; tie-in to existing main lines; force mains; lift stations; upgrades to existing lift stations; odor-control facilities; and permitting related thereto; and related sewer system improvements.

Park, Parkway and Open Space Improvements
Authorized facilities include any and all improvements to parks, parkways and open space required for development of property within CFD 24. These facilities include, but may not be limited to: grading, turf, shrubs and trees, landsc aping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle tra ils, protective fencing (including soundwalls), pedestrian/bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fenc ing and related open space improvements.

Authorized facilities include acquisition of any an d all parkland as well as open space/bike trail/public access easements required for development of property within CFD 24.

Specific Plan Infrastructure Fee Infrastructure
Authorized facilities include any and all improvements that are included in the Specific Plan Infrastructure Fee Program adopted by the City Council on September 8, 2015, including any future amendments thereto.

Other Incidental Expenses and Bond Issuance Costs
In addition to the above facilities, other incident al expenses as authorized by the Mello- Roos Community Facilities Act of 1982, including, b ut not limited to, the cost of planning and designing the facilities (including the cost of env ironmental evaluation, remediation and mitigation); engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the public facili ties; costs of project/construction management; costs (including the costs of legal services) associated with the formation of the Mello-Roos CFD; issuance of bonds (if any); determination of the am ount of taxes; collection of taxes; payment of taxes; costs of calculating and providing reimburse ments from one-time special tax payments; or costs otherwise incurred in order to carry out the authorized purposes of CFD 24; and any other expenses incidental to the formation and implementa tion of CFD 24 and to the construction, completion, inspection and acquisition of the authorized facilities.

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EXHIBIT B

AUTHORIZED SERVICES

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24
(ALDER CREEK WEST)
The authorized services to be funded from the levy and collection of annual special taxes include those set forth below in addition to the costs associated with collecting and administering the special taxes and annual administration of CFD 24.

CFD 24 will be eligible to fund all or a portion of the costs of reconstruction and/or rehabilitation, operation, maintenance, repair and replacement, and servicing of the following items not otherwise subject to funding from the City of Folsom Community Facilities District No. 18 (Folsom Plan Area – Area-Wide Improvements and Services):

1. Open Space improvements, operations and manageme nt, monitoring, maintenance (including general maintenance, signage, City owned fence maintenance, trash and debris collection, and bike trails and their appurtenances [drainage culverts or pipes from adjacent subdivisions] within open space), creation and main tenance of fire breaks, Permits, Vandalism/Graffiti, Flood Conveyance (Vegetation/tr ee removals), Beaver dam removals, Outfall/drainage swale maintenance, Erosion control /bank stabilization, Native planting/replanting, Pre and post emergent, maintenance activities as required by a 404 permit and Operations and Management Plan-Conservation and Passive Recreation Open Space, dated June 9, 2017, and repair and replacement of facilities within open space areas in the Project Area.

2. The maintenance of on-site landscape corridors a nd paseos designed to serve land uses within CFD 24, including general maintenance, masonry walls, accent lighting, water and utility costs.

3. The maintenance of streetlights, including any u tility costs related thereto.

4. The maintenance of medians, entries, and entry m onumentation.

5. Neighborhood park maintenance, and repair and re placement.

6. Community amenities, such as a community clubhou se.

7. Storm water management, water quality structural controls, including drainage swales constructed between storm drain facilities and receiving waters.

8. Miscellaneous costs related to any of the items described above including planning, engineering, GIS, legal, and city and county administration costs.

9. The levy of special taxes to accumulate sinking funds for anticipated future repairs or replacement costs of landscape corridors, irriga tion facilities, medians, entries and entry

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monumentation, lighting, neighborhood parks, storm water management and other facilities maintained by CFD 24 as determined by the Administrator.

Annual maintenance functions and costs generally wi ll include the installation, maintenance and servicing of ground cover, shrubs a nd trees, irrigation systems, street lighting, fencing, sound walls, sidewalks, monuments, enhanced open space maintenance including but not limited to maintaining the enhanced open space areas located adjacent to avoided or created habitat mitigation areas and other buffer areas between the enhanced open space and vertical development, bike trails, walkways, entry signage, street pavers , and labor, materials, supplies, utilities (including water and electricity) and equipment, as applicable, for property owned or maintained by the City. Annual maintenance costs include an allowance for long-term repair and replacement of improvements.

CFD 24 may fund any of the following related to th e maintenance of the services described above: obtaining, repairing, reconstructing, furnis hing, operating and maintaining equipment, apparatus or facilities related to providing the se rvices and/or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the sala ries and benefits of the personnel necessary or convenient to provide the services, and other relat ed expenses and the provision of reserves for repairs and replacements for the future provision o f services. It is expected that the services will be provided by the City, either with its own employ ees or by contract with third parties, or any combination thereof. CFD 24 may also fund administrative fees of the City related to CFD 24.

CFD 24 will further be eligible to fund all or a portion of the costs of the following public services:

Police, fire and other emergency services that are in addition to those services that were provided within the boundaries of CFD 24 at the tim e of formation of CFD 24, including but not limited to (i) the costs of contracting services, ( ii) related equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and non-City staff that directly provide police, fire and emergency services, and (iv) City and non-City overhead costs associated with providing such services within CFD 24.

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EXHIBIT C

INCIDENTAL EXPENSES AND BOND ISSUANCE COSTS

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24
(ALDER CREEK WEST)
It is anticipated that the following incidental expenses may be incurred for CFD 24:

Engineering services
Special tax consultant services
City review and administration
Bond counsel services
Bond counsel expenses
Disclosure counsel services
Disclosure counsel expenses
Independent municipal advisor services and expenses
Appraiser services
Market absorption study and real estate economist services Initial bond transfer agent, fiscal agent, registrar and paying agent fees Rebate calculation service set up charge
Bond printing
Offering memorandum printing and mailing costs
Publishing, mailing and posting of notices
Underwriter’s discount
Bond reserve fund
Capitalized interest
Bond syndication costs
Governmental notification and filing costs
Credit enhancement costs
Real estate acquisition costs
Rating agency fees
Charges and fees of City other than those waived
Certain annual costs may be included in each annual special tax levy. These include:

Annual bond transfer agent, fiscal agent, registrar and paying agent fees Annual rebate calculation costs
Special tax consultant costs and administration expenses Other necessary consultant costs
Costs of posting and collecting the special taxes
Personnel and Administrative costs of the City
Arbitrage rebate
Continuing disclosure reporting and compliance

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EXHIBIT D-1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24, IMPROVEMENT AREA NO. 1 (ALDER CREEK WEST)
[ATTACH]

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EXHIBIT D-2A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24, IMPROVEMENT AREA NO. 2A (ALDER CREEK WEST)
[ATTACH]

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EXHIBIT D-2B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24, IMPROVEMENT AREA NO. 2B (ALDER CREEK WEST)
[ATTACH]

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EXHIBIT D-3

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24, IMPROVEMENT AREA NO. 3 (ALDER CREEK WEST)
[ATTACH]

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EXHIBIT E

NOTICE OF PUBLIC HEARING REGARDING THE FORMATION OF THE

CITY OF FOLSOM
COMMUNITY FACILITIES DISTRICT NO. 24
(ALDER CREEK WEST), DESIGNATION OF IMPROVEMENT AREAS WITHIN THE

DISTRICT

AND LEVYING OF SPECIAL TAXES THEREIN
NOTICE IS HEREBY GIVEN that on Tuesday, April 14, 2 026, the City of Folsom (the “City”) duly adopted its Resolution No. 11581 (the “Resolution of Intention”) wherein it declared its intention to form a community facilities distri ct to be known as “City of Folsom Community Facilities District No. 24 (Alder Creek West)” (“CF D 24” or the “CFD”), identify territory proposed for annexation to CFD 24 in the future wit h the unanimous approval of the owner or owners of each such parcel or parcels at the time that such parcel or parcels are annexed to CFD 24 (the “Future Annexation Area”), to designate four i mprovement areas within CFD 24 (each, an “Improvement Area”) to be known as “City of Folsom Community Facilities District No. 24, Improvement Area No. 1 (Alder Creek West)” (“Improv ement Area No. 1”), “City of Folsom Community Facilities District No. 24, Improvement A rea No. 2A (Alder Creek West)” (“Improvement Area No. 2A”), City of Folsom Communi ty Facilities District No. 24, Improvement Area No. 2B (Alder Creek West)” (“Impro vement Area No. 2B”), and “City of Folsom Community Facilities District No. 24, Improv ement Area No. 3 (Alder Creek West)” (“Improvement Area No. 3”), and to levy a special t ax within CFD 24 and to pay the costs of certain public facilities, including, transportation, water system, recycled water, drainage system, wastewater system, park, parkway and open space, and infrastructure required by the specific plan infrastructure fee; and other incidental expenses a nd bond issuance costs (collectively, the “Facilities”) and of certain services, including re construction and/or rehabilitation, operation, maintenance, repair and replacement of open space improvements, landscape corridors and paseos, streetlights, medians, neighborhood parks, storm water management, and water quality controls, and certain costs related to the maintenance of the services described above (collectively, the “Services”), all as more specifically described in the Resolution of Intention, and its Resolution No. 11582 (the “Resolution Declaring the Necessity for Incurring Bonded Indebtedness”) wherein it declared its intention to incur bonded indebtedn ess in a principal amount not to exceed $31,000,000 for Improvement Area No. 1, $21,000,000 for Improvement Area No. 2A, $35,000,000 for Improvement Area No. 2B, and $47,00 0,000 for Improvement Area No. 3 to finance the acquisition and construction of the Facilities within CFD 24 under and pursuant to the terms and provisions of the “Mello Roos Community F acilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Notice contains a brief summary of the Proposa l (as described below), but you are referred to the City’s Resolution of Intention and its Resolution Declaring the Necessity for Incurring Bonded Indebtedness on file with the City Clerk for the definitive description of the Proposal, including a description of the Facilities and the Services, a list of incidental expenses and bond issuance costs and the rates and methods of apportionment of the special tax.

The Proposal consists of the authorization of (1) a special tax within CFD 24 and each Improvement Area therein, (2) the issuance of bonds for each Improvement Area to finance the

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Folsom City CouncilApril 14, 2026

Folsom City Council
April 14, 2026